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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/18/2008 J � City of Kent � City Council Meeting � Agenda 1 1 � March 18, 2008 Mayor Suzette Cooke Debbie Raplee, Council President � Councilmembers Elizabeth Albertson Bob O'Brien Tim Clark Deborah Ranniger Ron Harmon Les Thomas KENT WAS' M iNoTON City Clerk's Office 1 • KENT CITY COUNCIL AGENDAS KEN T March 18, 2008 WASH INGTON Council Chambers MAY z k OR. Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Deborah Ranniger Les Thomas ********************************************************************** rCOUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Jail Alternatives Chief Strachan 60 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. State of the City Address D. Neighborhood Council Recognition E. Swearing In of Police Officer F. Introduction of Appointees 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve rC. Town Square Plaza Budget Amendment - Authorize D. 2007 Budget Adjustment Ordinance - Adopt E. Architectural Fees for Aukeen Court Expansion - Authorize F. Cable Franchise Consultant Contract with Bradley & Guzzetta, LLC - Authorize G. Coordinated Prevention Grant Agreement for Recycling - Authorize H. Seattle/King County Health Department Local Hazardous Waste Management Program Contract - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED I. Earthworks Park Dam/GeoEngineers Consultant Agreement - Authorize J. Jason Engineering Consultant Agreement, 4th Avenue and James Street Improvements - Authorize K. Jason Engineering Consultant Agreement, 4th Avenue and Cloudy Street Improvements - Authorize L. Santiam Goods and Services Contract for Emergency Equipment - Authorize M. Fire Investigations Agreement with City of Covington - Authorize N. Homeland Security Sub-grant for Zone Coordinator - Accept and Authorize O. Seattle/King County Public Health Agreements for Medic and Paramedic Units - Authorize P. Zone 3 Emergency Management Planning Consulting Contract - Authorize Q. Emergency Medical Services Pre-Hospital Participation Grant - Accept R. Weed and Seed Steering Committee Appointments - Confirm S. Kent West Hill Neighborhood Council Recognition Resolution - Adopt T. Mill Creek Canyon Earthworks Park Landmark Designation Nomination Resolution - Adopt U. Historic Inventory Update, Grant-Matching Funding - Authorize and Amend Budget V. Comprehensive Plan Amendment, Transportation Element Emergency Resolution - Adopt W. King County Basic Life Support Services Contract - Authorize X. South 228th Wetland Mitigation Project - Accept as Complete Y. Consultant Contract for Public Process Facilitator, Midway Subarea Planning Project - Approve and Authorize Z. LID 360, SE 227th Place Sanitary Sewers Ordinance - Adopt 7. OTHER BUSINESS A. Kent Events Center Operator Contract 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation B. Property Acquisition 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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U N v N O �n C- C: G rJ Q L. o;A LL _ oo ' T ro c ° y o Q °_ _ > o m O.` 7 y C1 7 L U Ql a1 7 y y U m'U C U u u1 N 'A O o a s oe cn u m Q V > 0- E c L Q O Q U s 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 PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) STATE OF THE CITY ADDRESS D) NEIGHBORHOOD COUNCIL RECOGNITION E) SWEARING IN OF POLICE OFFICER F) INTRODUCTION OF APPOINTEES Kent City Council Meeting Date March 18, 2008 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: t Councilmember moves, Councilmember seconds to approve Conse t Calendar Items A through Z. Discussion Action 6A. Avoroval of Minutes. Approval of the minutes of the regular Council meeting of March 4, 2008. 6B. AoDrovall of Bills. Approval of payment of the bills received through February 29 and paid on February 29 after auditing by the Operations Committee on March 4, 2008. Approval of checks issued for vouchers: Date Check Numbers Amount 2/29/08 Wire Transfers 3175-3190 $1,408,591.05 2/29/08 Regular 617719-618146 3,925,537.54 Use Tax Payable 1,857.23 $5,335,985.82 Approval of checks issued for payroll for February 16 through February 29 and paid on March 5, 2008: Date Check Numbers Amount 3/5/08 Checks 303314-303589 $ 207,033.16 3/5/08 Advices 226889-227615 1,395,526.05 Total Regular Payroll $1,602,559.21 Kent City Council Meeting K I NT March 4, 2008 W A S H N G T O 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, O'Brien, Ranniger, Raplee and Thomas. Harmon was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Consent Calendar Item D was moved to Other Business as Item B; Other Business Item A, Meridian Banks Rezone, was removed from the agenda; FEMA Floodplain Mapping Appeal was added to the agenda as Other Business Item C; it was noted that there is no need for an Executive Session. B. From the Public. (CFN-198) There were no changes to the agenda from the audience. PUBLIC COMMUNICATIONS A. King County Update. (CFN-198) King County Councilmember Reagan Dunn outlined issues being worked on by King County, including transparency in taxation, open space and wilderness areas, an elected auditor, permitting issues, EMS levy, Election Department consolidation, landlord-tenant issues, gravel pits, dog parks, transportation and public health issues. B. Public Recognition. (CFN-198) No were no public recognition items. C. Community Events. (CFN-198) Ranniger announced the Resource Fair, Spotlight Series, Ladies of Slack Key Guitar, and Let's Plant the Planet. D. Records and Information Month. (CFN-155) Mayor Cooke read a proclamation declaring April as National Records and Information Management Month and introduced the City's Records Administrator, Sue Hanson. After comments by City Clerk Brenda Jacober, the Mayor presented the proclamation to Ms. Hanson and commended her on her dedication. E. Employee of the Month. (CFN-147) Mayor Cooke introduced Public Works Engineer Ozzie Carrasquilla, Employee of the Month for March. The Public Works Director and Carrasquilla's supervisor Mike Gillespie commented on his work ethic, attitude and other attributes, and Mayor Cooke presented him with the Employee of the Month plaque. F. Legislative Report. (CFN-198) Michelle Witham updated the Council on the progress of various issues including prostitution/vehicle seizure and Center For Advanced Manufacturing funding, and noted that the session will adjourn on March 13t". G. Economic Development Report. (CFN-825) Ben Wolters noted that Kvichak Marine has completed its first patrol boat for the Coast Guard, which was recently launched in Tacoma. He said two fitness centers are preparing to open, and progress is being made on the Springboard project. Kent City Council Minutes March 4, 2008 H. Kent Events Center Update. (CFN-1305) Ben Wolters presented a video showing the structure of the Events Center and noted that approximately a third of the budget has been expended. He noted that SMG has been chosen as the operator, and that a General Manager will be selected soon. PUBLIC HEARING A. LID 360 — S.E. 227th Place Sanitary Sewers. (CFN-1301) This date has been set for the public hearing on confirmation of the final assessment roll for LID 360. The City has determined that certain properties are specially benefited by the construction of an 8" sanitary sewer system with 6" side sewer stubs for the twelve properties included within the local improvement district, and has proposed to proportionately assess these properties in accord with those special benefits. Deputy City Attorney Fitzpatrick explained the quasi-judicial process and determined that no Councilmembers have a conflict-of-interest and that none have had ex-parte contact. He also clarified that the ordinance in the agenda packet is a sample, and that the final ordinance confirming the assessment roll will be presented at a future meeting. The Mayor opened the public hearing. She noted that protests to the assessment have been received from Alexander Huynh & Cassandra Ho, Edward and Ellen Gillner, Ann Bloomquist, and Donald and Wanda Woodard. RAPLEE MOVED to accept these four letters into the public record. Clark seconded and the motion carried. Mark Howlett, Engineering Design Manager, outlined his background and experience, and explained the project. After Deputy City Engineer Tim LaPorte also outlined his education and experience, he explained the impacts of failing septic systems, the need +� for sanitary sewers, and the special benefits to the property owners. Howlett then outlined the actions taken on the project. He noted that the original estimate was $242,283.63 and that the final project cost was $302,026.32, due to an increase in construction costs. He added that the City was able to reduce prices by re-bidding the project, financing the LID in-house, and negotiating with King County to add this project to their 2008 asphalt overlay program, which saved approximately $7,000 per ; lot, for a total cost of $25,168 per lot. Howlett then explained that the payment plan would be for 15 years which would be $1,667.92 per year plus interest. He added that tools are available to those with low incomes and those above 60 years of age. LaPorte said that although the area is not inside the city limits, the City of Kent would be affected by failing septic systems, so they worked hard to keep costs down. Ranniger pointed out that after the project was re-bid, a letter went out from the City which mentioned an assessment of $20,800.00. Howlett said that amount was a goal they were trying to attain, but that they were unable to do so. He said a letter had gone out earlier saying the estimated amount would be $26,700. RANNIGER MOVED to make letters from the City dated September 21, 2006 and October 30, 2006, a part of the record. Clark seconded and the motion carried. LaPorte reiterated that the $20,800 mentioned in the letter was a target, that the intent was not to state the final assessment amount in that letter, and said staff talked with property owners about the assessment on the phone. Raplee opined that it appears to say the assessment 2 , ' Kent City Council Minutes March 4, 2008 amount is $20,800. She moved to make the PowerPoint presentation, the Affidavit of Publication of the Notice of Hearing on the Final Assessment Roll, and the notification of the hearing which went out to property owners, a part of the record. Clark seconded and the motion carried. It was determined that the last communication from the City prior to the final roll letter sent on February 8, 2008, was the letter dated October 30, 2006. Upon questions from Council, it was noted that the bids were rejected because staff felt they could get lower bids in the winter than in the summer and that the notices were mailed to the address shown on the county tax records, as required by state law. Ed Gillner, 11645 SE 227th, Kent, stated that he supported the project in the beginning when the cost was between $13,000 and $18,000, and that he was shocked to get the assessment in February 2008 because there had been no other letter since October 30, 2006. He said that during a telephone conversation with Nick Horn after the first bids were opened, he verbally agreed to the $26,700 since the City was going to try to reduce that amount. He said the letter stating $20,800 was received after that, and he sees the $20,800 as a contract. He added that he has a copy of DPK Construction Company's bid showing the $20,800 amount; LaPorte explained that parts of the bid, such as the number of feet of pipe required, are estimated. Upon Albertson's question, Gillner said he feels the fair thing to do is change the assessment amount to $20,800. Cassandra Ho, 11644 SE 227th, Kent, noted that when the City sent a letter dated September 21, 2006, informing property owners that the bids had come in high and the assessment would be $26,700, and asking how property owners would like to proceed, she and her husband were opposed, but that after reading the October 30, 2006, letter, they understood that the amount would be $20,800, so they agreed to proceed with the project which they would have rejected at $26,700. She noted for Thomas that when they purchased the house there was no notification that there could be a septic failure. LaPorte noted that form letters from the City dated September 21, 2006, estimating the assessment at $26,700 and asking property owners if they wish to proceed or not, were returned by Mr. Gillner and Mr. Woodard indicating that the project should proceed at that amount. Ranniger moved to make the letters a part of the record. Clark seconded and the motion carried. Raplee moved to close the public hearing. Clark seconded and the motion carried. Ranniger moved to modify the assessment based on the evidence presented, making them $20,800 as stated in the October 30, 2006, letter to property owners. Raplee seconded. Ranniger said the October 30, 2006 letter gives the perception that the cost will be $20,800, it was received after the letter stating the cost at $26,700, and there was no further communication until February 8, 2008. Thomas spoke in support of the motion and noted that the City will benefit by preventing future septic system failure. Upon Clark's question, it was determined that the difference in cost will come from the Sewer Fund and will be shared by all rate-payers. Raplee supported the motion. Blanchard said he will provide Councilmembers with all the packet information and with information on the difference between the bid and the actual cost. Albertson pointed out that, because of the hard work of staff, the final assessment amount did come in under the $26,700 amount, and suggested providing periodic updates to property 3 Kent City Council Minutes March 4, 2008 owners in the future. Ranniger suggested reviewing the manner of communication throughout the LID process, in order to avoid creating an expectation that cannot be met. Mayor Cooke recommended that the Public Works Committee look at policies , regarding the cost of projects being done in winter, and develop some policies around the bidding process. The motion to modify the assessments on LID 360 to $20,800 then carried. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through H, with the exception of Item D which was removed at the request of Councilmember O'Brien. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of February 19, 2008, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on February 19, 2008, were approved. Checks issued for vouchers were approved: ' Date Check Numbers Amount 2/15/08 Wire Transfers 3157-3174 $1,817,383.54 2/15/08 Regular 617235-617718 2,142,185.75 Void Checks (225,246.67) Use Tax Payable 10,421.14 $3,744,743.76 Checks issued for payroll for February 1 through February 15 and paid on February 20, 2008, were approved: Date Check Numbers Amount 2/20/08 Checks 303032-303312 $ 207,300.29 2/20/08 Advices 226160-226888 1,393,622.68 Total Regular Payroll $1,600,922.97 C. Council Absence for Harmon. (CFN-198) An excused absence for Council- member Harmon from tonight's meeting was approved. E. DSHS Grant Acireement for Safe Havens. (CFN-118) The Mayor was authorized to sign the grant agreement from the Washington Department of Social and Health Services for the amount of $50,000 to fund Safe Havens services, and the expenditure of funds in the Safe Havens budget was approved, subject to final grant terms and conditions acceptable to the City Attorney. The funds will be used to support personnel costs that will provide services to low income families at the Safe Havens Visitation and Exchange Center. F. 2007 Community Development Block Grant Consolidated Annual Performance Evaluation Report (CAPER). (CFN-118) The 2007 Consolidated Annual Performance and Evaluation Report was approved and the Mayor was 4 Kent City Council Minutes March 4, 2008 authorized to submit the report to the U.S. Department of Housing & Urban Development. G. 2008 City Art Plan and Five-Year Art Plan. (CFN-815) The 2008 City Art Plan and Five Year Plan was approved. H. King County Agreement for Jail Transition Services. (CFN-118) The Mayor was authorized to sign the Memorandum of Agreement with King County for 1 collaborative jail transition services, subject to final terms and conditions acceptable to the City Attorney. This agreement entails dedicated office space for one full-time equivalent DSHS financial application worker to be sited within the Housing and Human Services office at Kent City Hall. OTHER BUSINESS A. Meridian Banks Rezone Ordinance. (CFN-121) This matter was removed from the agenda. REMOVED FROM CONSENT CALENDAR at the request of Councilmember O'Brien. B. Police Headquarters. (CFN-118) The Operations Committee has requested approval of $50,000 to fund existing facilities research and development, and ' authorization for the Mayor to enter into an agreement with Ambia Architecture to perform an analysis of construction alternatives, subject to final approval of terms and conditions by the Police Chief and the City Attorney. Councilmember O'Brien requested time to review previous space studies. Clark moved to approve the existing Police Headquarters Research and Development Funding and the new Police Headquarters Construction Alternative Analysis Contract. Raplee seconded for discussion. Upon questions from Councilmember O'Brien regarding costs, staffing, and building size, Hodgson explained the previous studies and the current and future needs. Clark's motion then carried with O'Brien opposed. ADDED OTHER BUSINESS ITEM C. Federal Emergency Management Agency (FEMA) Floodplain Mapping. (CFN-1038) Environmental Engineering Manager Mike Mactutis explained that FEMA issued Preliminary Flood Insurance Rate Maps and a Flood Insurance Study for King County on September 28, 2007, and that King County and cities in the area have studied the maps and found that some old information was used on them. He explained the impacts and how the City is addressing them. Ranniger moved to authorize the Mayor to sign the Appeal Submittal of the Federal Emergency Management Agency Preliminary Digital Flood Insurance Rate Maps for the Lower Green River upon concurrence of the language therein by the City Attorney and the Public Works Director. Raplee seconded and the motion carried. BIDS A. 4tn and James Street Improvements. (CFN-1067) The bid opening for this project was held on February 26, 2008, with five bids received. The low bid was submitted by Sanders General Construction in the amount of $3,216,275.72. The Engineer's estimate was $3,282,164.45. The Public Works Director recommended award of the bid to the low bidder. Ranniger moved to award the contract on Schedule A: James Street Improvements (4th Avenue N. to the Interurban Trail) and Schedule 5 Kent City Council Minutes March 4, 2008 B: (41" Avenue North and W. Cloudy) Street Improvements to Sanders General Construction in the amount of $3,216,275.72, and to authorize the Mayor to sign all necessary documents. Raplee seconded and the motion carried. ' REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) No report was given. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Planning and Economic Development Committee. (CFN-198) Albertson noted that their next meeting will be on March 10th. F. Public Safety Committee. (CFN-198) Thomas noted that the next meeting will be at 5:00 p.m. on March 11th. G. Public Works Committee. (CFN-198) Ranniger noted that the next meeting will be held on March 17th. ' H. Administration. (CFN-198) Hodgson announced that the subject of discussion at the next workshop will be Jail alternatives. ADJOURNMENT The meeting adjourned at 10:18 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 6 i Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6C 1. SUBJECT: TOWN SQUARE PLAZA BUDGET AMENDMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign change orders from JV Constructors, Inc. totaling $654,000.00, and amend the Town Square Plaza Project Budget, subject to final terms and conditions acceptable to the City ' Attorney. Staff provided an update on the Town Square Plaza Project at the January 15, 2008, Operations Committee meeting and at the January 17, 2008, Parks Committee meeting. The report highlighted the significant progress to date, outlined some of the challenges that the project has overcome, and informed the Committee members that a budget adjustment would be necessary to complete this project. The additional funds needed to complete the project address changes resulting from the fact that Phases I and II of Project Springboard have not been completed, along with addressing the significant amount of unsuitable soil that was found on the site. Funds for this budget adjustment are available in the Parks CIP fund, through the deferral of some 2008 projects, namely Riverview Park. 3. EXHIBITS: None 4. RECOMMENDED BY: Operations Committee Meeting (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT I Expenditure? X Revenue? N/A Currently in the Budget? Yes X No i6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds j DISCUSSION: ACTION: Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6D 1. SUBJECT: 2007 BUDGET ADJUSTMENT ORDINANCE - ADOPT 2. SUMMARY STATEMENT: As recommended by the Operations Committee, adopt Ordinance No. , relating to budget adjustments totaling $90,435,060 made between August 1, 2007, and December 31, 2007. The Council previously approved $89,816,641 including $78,600,000 for the Events Center. $618,419 primarily authorizes expenditure of designated revenues already received. This ordinance is primarily a housekeeping adjustment, consolidating individual budget items into one adjusting ordinance. 3. EXHIBITS: Ordinance and memo from Finance Director Nachlinger 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $618,419 Revenue? $618,419 Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: j i i ORDINANCE NO. i AN ORDINANCE of the City of Kent, Washington, amending the 2007 budget for adjustments made between August 1, 2007, and December 31, 2007. ' THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Budget Adjustments. The 2007 City budget is amended to include budget fund adjustments as summarized and set forth in Exhibit "A," which is attached and incorporated into this ordinance. Authorized positions are increased by 15 full-time equivalents. SECTION 2. - SeverabiiitY. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. i 1 2007 Budget Adjustments - Second Half SECTION 4. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of March, 2008. APPROVED: day of March, 2008. PUBLISHED: day of March, 2008. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. (SEAL) P\C;Ivil\ordina.ce\B,dg,tAd),stme,t-Zoo7_Z.dd- BRENDA JACOBER, CITY CLERK 2 2007 Budget Adjustments - Second Half City of Kent Budget Adjustment Ordinance Adjustments August 1, 2007 to December 31, 2007 Exhibit A Adjustment Fund Title Ordinance 001 General Fund 581,978 110 Street Fund 62,500 120 Public Safety Retiree Benefits 697,146 130 Lodging Tax Fund 4,788 140 Youth/Teen Fund 25,000 150 Capital Improvement Fund 115,000 i160 Criminal Justice Fund 61,996 170 Environmental Fund 148,165 190 Other Operating Projects Fund (1 ,938,946) 310 Street Capital Projects Fund 10,487,567 320 Parks Capital Projects Fund 820,403 330 Other Capital Projects Fund 78,777,397 350 Facilities Capital Projects 62,608 440 Sewerage Operating 1 ,048,010 480 Golf Operating 175,000 540 Facilities Management Fund 3,594 560 Insurance Fund (697,146) Total Gross Budget Change 90,435,060 Less: Internal Service Funds 697,146 Other Transfers (973,055) Internal Transfers (635,447) Subtotal (911,356) Total Net Budget Change 89,523,704 3 FINANCE R. J. Nachlinger, Director Phone: 253-856-5260 KENT Fax: 253-856-6255 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 4, 2008 ' TO: Kent City Council Operations Committee FROM: R. J. Nachlinger, Finance Director THROUGH: John Hodgson, Chief Administrative Officer SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments Between August 1, 2007 and December 31, 2007 MOTION: I move to recommend Council approve the consolidating budget adjustment ordinance for adjustments made between August 1, 2007 and December 31, 2007 totaling $90,435,060. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance totaling $90,435,060 for budget adjustments made between August 1, 2007 and December 31, 2007. The net amount, excluding transfers and internal service charges, is $89,523,704. Please note that $89,816,641 was previously approved by Council, including $78,600,000 for the Events Center. These were primarily for projects. BUDGET IMPACT: BACKGROUND: The net amount of $618,419 not yet approved by Council, is for the allocation of dedicated revenues and authorizing expenditures. Authorized position count is increased by 15: • 14.0 for Fire for permanent full-time firefighters to staff new Covington station. • 1.0 for Public Works Engineering for a permanent full-time Engineer Tech 2. Kent Council Operations Committee Consolidating Budget Adw Ament Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6E 1. SUBJECT: ARCHITECTURAL FEES FOR AUKEEN COURT EXPANSION - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to approve establishing a budget of $90,000 for schematic design services to expand Aukeen Court, and authorize the Mayor to enter into an agreement with David Clark Architects PLLC, subject to final terms and conditions acceptable to the City Attorney. ' The City is negotiating an agreement with King County to allow the City to complete a renovation of the current Aukeen District Court building to allow expansion for courts and office space. Once the schematic design has been finished and a budget developed, additional funding will be requested to complete the design, bidding, and construction of the expansion. 3. EXHIBITS: Agreement with David Clark Architects, PLLC ' 4. RECOMMENDED BY: Operations Committee Meeting (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: AIA Document B151TM - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the day of in the year 2008 (In words, Indicate day, month and yeat) ADDITIONS AND DELETIONS ' The author of this document has added information BETWEEN the Architect's client identified as the Owner needed for its completion (Name, address and other information) The author may also have revised the Text of the ori d form City of Kent An gdditions andnDeletions 220 Fourth Avenue South Report that notes added Kent, WA 98032 information as well as revisions to the standard form Text is available from and the Architect the author and should be (Name, address and other information) reviewed This document has important David A.Clark Architects,PLLC legal consequences. 33017 134`('Avenue Southeast Consultation with an Auburn,WA 98092-8519 attorney is encouraged with respect to its completion or modification. For the following Project (Include detailed description of Project) Kent Courthouse Addition&Renovation, 1210 South Central,Kent, WA 98032. The project consists of the addition of 3 courtrooms,office space and general renovation of existing office space and lobby areas as generally shown on the preliminary plans dated 1/29/07. This scope consists of the schematic building and site design only,which includes cost estimating services for schematic design as required to provide the proposed design and estimated cost of construction The Owner and Architect agree as follows ELECTRONIC COPYING of any portion of this AIA`° Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document ' AIA Document B151�' — 1997 Copyright © 1974, 1978, 1987 and 1997 by The American InsLiLute of Architects All rights reserved -rah�r tv� ry This draft was produced by AIA software at 09 19 49 on 02/14/2008 under Order ho 1000311639_1 whicn aspires on 7/24/2008, and rs not for resale. User Notes (1759316737) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES §1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12 and as further described in the Architect's proposal attached and incorporated as Exhibit A , §1.2 The Architect's services shalt be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project.The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds,upon written approval from Owner This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project Time limits established by this schedule approved by the Owner shall not, except for reasonable cause,be exceeded by the Architect or Owner ' §1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project §1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5 1 r ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES §2.1 DEFINITION The Architect's Basic Services consist of those described in Section 2.2 and any other services identified in Article 12 as part of Basic Services, and include normal structural,mechanical and electrical engineering services §2.2 SCHEMATIC DESIGN PHASE , §2.2 1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. §2 2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other,subject to the limitations set forth in Section 5 2.1. §2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project §2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements,the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components §2.2 5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, ' volume or sunilar conceptual estimating techniques ARTICLE 3 ADDITIONAL SERVICES §3.1 GENERAL §3.1.1 The services described in this Article 3 are not included in Basic Services, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services The services described under Section 3.4 shall only be provided if authorized or confirmed in writing by the Owner in advance through the negotiation and execution of an applicable Change Order §3.4 OPTIONAL ADDITIONAL SERVICES §3.4.2 Providing financial feasibility or other special studies. §3.4.3 Providing planning Surveys,site evaluations or comparative studies of prospective sites. AZA Document B151a - 2997 Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects All rights reserved x7.,A"IN_111.L7 ' A 11S ?"r,axxs 5^i' 3. Ur��r<.ct_.. ,u J -;?Y ., --v, arc :nn�•tt.nc. i.- �;ao "?�..a:r..-�rz x. s -`17 __11 1 _ ..._fv ". x 1 --o- t;.a e- ar.y go-�tl-.. nt -Y <. .,:I* _ �� 7, ._.ir, =ant J-1,dl tic., _...I ,_I ,. �c , _ ....:... � -*<rar3v - - 1, u_dif t— lax. This draft was produced by AIA software at 09 19 49 on 02/14/2008 under Order No�1000311639_1 which expires on 7/24/2008, and is not for resale User Notes (1754316737) §3.4 4 Providing speciat surveys,environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project §3.4.5 Providing services relative to future facilities, systems and equipment. §3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof §3 4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner §3.4.10 Providing detailed estimates of Construction Cost §3 4.11 Providing detailed quantity surveys or inventories of material, equipment and tabor §3.4.12 Providing analyses of owning and operating costs §3.4 13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment §3.4 14 Providing services for planning tenant or rental spaces. §3 4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities §3.4.19 Providing services of consultants for other than architectural,structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services §3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice ARTICLE 4 OWNER'S RESPONSIBILITIES §4 1 The Owner shall provide full information in a tunely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships,flexibility,expandability, special equipment, systems and site requirements §4 2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost,the Owner's other costs and reasonable contingencies related to alt oC these costs §4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner, and in accordance with Section 1 2,pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services §4 4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site The surveys and legal information shall include, as applicable,grades and lines of streets, alleys,pavements and adjoining property and structures, adjacent drainage, rights-of-way,restrictions, easements, encroachments, zoning, deed iestr,ct,ons, boundaries and contours oCthe site, locations, dimensions and necessary data with respect to existing buildings, other improvements and trees, and information concerning available utility services and lines,both public and private, above and below grade, inctudmg inverts and depths where known Att the information on the survey shalt be referenced to a Project Ibenchmark §4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may mclude but are not hrnited to test borings, test ,Is, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations AIA Document B151° — 1997 Copyright © 1974, 1978, 1987 and 1997 oy The American Institute of Arr_tiitects All rights reserved <✓f_-.,..k.5 ....- c, u This dralt was produced by AIA software at 09 19 49 on 02/L4/2008 under Order DJo 1000311639_1 which expires on 7/24/2008, ' and rs not for resale. User Notes (1754316737) I §4 6 The Owner shall furnish the services of consultants other than those designated in Sections 4 5 and 1 5 when such services are requested by the Architect,approved by the Owner,and are reasonably required by the scope of the Project §4.7 The Owner shall furnish structural,mechanical, and chemical tests, tests for air and water pollution, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. §4.8 The Owner shall furnish all legal,accounting and insurance services that may be necessary at any tone for the Project to meet the Owner's needs and interests §4.9 The services, information, surveys and reports required by Sections 4 4 through 4.8 shall be Furnished at the Owner's expense,and the Architect shall be entitled to rely upon the accuracy and completeness thereof §4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including any errors,omissions or inconsistencies in the Architect's Instruments of Service ARTICLE 5 CONSTRUCTION COST §5.1 DEFINITION ' §5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. §5.12 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed,specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor,plus a reasonable allowance for their overhead and profit In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work §5 1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land,rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4. §5.2 RESPONSIBILITY FOR CONSTRUCTION COST , §5 2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any,prepared by the Architect,represent the Architect's judgment as a design professional familiar with the construction industry It is recognized,however, that neither the Architect nor the Owner has control over the cost of labor,materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding,market or negotiating conditions Accordingly,the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect §5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto if such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation,to determine what materials,equipment, component systems and types of construction are to be included in the Contract Documents,to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit.Fixed limits,if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction §5 2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner,any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry, of any . §5.2.41f a fixed limit of Construction Cost(adjusted as provided in Section 5.2 3) is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall- .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; AIA Document B151s' - 1997 Copyright O 1974, 1978, 1987 and 1997 by The American Institute of Architects All rights reserved A":•o'_^�S . 7M tr,-p'w�.. �x prr,+'<+,.�_ , ., 'aka:._ u. ^, _ 4 �-y .. �: 1� -'n ,,. 911 ,r,; .. Cr _:.rx�' j-' �zG� _..a-! -�.} u.. .. x<�c->r J" ,. ., 4., law, This draft was Vproduced by AIA software at 09 19 49 on 02/14/2008 under Order No 1000311639_1 which expires on 7/24/200B, and is not for resale User Notes (1754316737) .3 terminate in accordance with Section 8 5;or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost §5.2.5 If the Owner chooses to proceed under Section 5 2 4 4, the Architect, without additional compensation,shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement The modification of such documents without cost to the Owner shall be the hrmt of the Architect's responsibility under this Section 5 2 5 The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE §6.1 Drawings, specifications and other documents, including those in electronic form,prepared by the Architect and the Architect's consultants are Instruments of Service for use with respect to this Project Original documents, drawings,designs,reports, or any other records developed or created under this Agreement shall belong to and become the property of the Owner All records submitted by the Owner to the Architect will be safeguarded by the Architect Architect shall make such data,documents,and files available to the Owner upon the Owner's request. The Owner's use or reuse of any of the documents, data, and files created by Architect for this project by anyone other than Architect on any other project shall be without liability or legal exposure to Architect Architect further acknowledges that Owner is a public agency, subject to the public disclosure laws of the State of Washington Should a public records request be received requesting a copy of the Architect's Instruments of Service,Owner must make these records available to that requesting party ' ARTICLE 7 DISPUTE RESOLUTION Should any dispute,mtsunderstandtng,or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Owner, and the Owner shall deter-une the tern or provision's true intent or meaning The Owner shall also decide att questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance heteunder 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 filing suit exclusively under the venue,rules, and jurisdiction of the King County Supeuor Court, at the Regional ,Justice Center located in 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 defendant or brtngmg 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 lint the Owner's right to indemnification under Section 9 13 of this Agreement §7 3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement This mutual waiver is applicable,without]mutation,to all consequential damages due to either party's termination m accordance with Article 8 ARTICLE 8 TERMINATION OR SUSPENSION §8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of seivrces under this Agreement If the Architect elects to suspend services, prior to suspension of services,the Architect shalt give seven days'prior written notice to the Owner In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interr-uption and resumption of the Architect's Services, excluding termination expenses deleted in Section 8 7 The Architect's fees for the remaining services and the time schedules shall be equitably adjusted §8.2 If the Project IS suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension When the Project is resumed, the Architect shall be compensated for expenses Incurred in the interruption and resumption of the Architect's services excluding termination expenses deleted in Section 8 7 The Architect's fees for the remaining services and the time schedules shall be equitably adjusted AIA Document B151m — 1997 Copyright © 1974, 1978, 1987 and 1997 by The American Institute of '1rcnitect5 All rights reserved 5 xs..�,. .. This draft was produced by AIA so-twore at 09 19 49 on 02/14/2008 under order No 1000311639_1 which e,pires on 7/24/2008, and is not for resale User Notes M 54'316737) §8 31f the Project Is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' prior written notice §8 4 This Agreement may be terminated by either party upon not less than seven days'prior written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination §8.5 This Agreement may be terminated by the Owner upon not less than seven days'prior written notice to the Architect for the Owner's convenience and without cause , §8 6 In the event of tennination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. , ARTICLE 9 MISCELLANEOUS PROVISIONS §9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Washington Jurisdiction and venue for any disputes hereunder shall be in the Superior Court for King County, Washington §9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction,current as of the date of this Agreement §9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to nm not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 1 §9.5 The Owner and Architect, respectively, bind themselves, their partners,successors, assigns and legal representatives to the other party to this Agreement and to the partners,successors, assigns and legal representatives Of such other party with respect to all covenants of this Agreement Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other §9.6 This Agreement and any reference documents or exhibits represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements, either written or oral All of the documents referenced and incorporated herein are 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 terns of this Agreement shall prevail. This Agreement may be amended only by written instrument signed by both Owner and Architect §9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. §9 8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence,handling,removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. §9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials The Architect shall be given reasonable access to the completed Project to make such representations However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary §9.101f the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution The Architect shall not be required to execute certificates that would require knowledge,services or responsibilities beyond the scope of this Agreement AIA Document B151" - 1997 Copyright O 1974, 1978, 1987 and 1997 by The American Institute of Architects All rights reserved �y F,--Jt .,. ..., Iry b^- - .,u- ` .. tic x�` .,> ,, _,,,., ,- .. aura-zThis draft was produced by AIA software at 09 19 49 on 02/14/2008 under Order No 1000311639_1 which expires on 7/24/2008, and is not for resale User Notes (1751316737) §9.11 The parties intend that an Independent Contractor-Employer Relationship be created by this Agreement and that the Architect has the ability to control and direct the performance and details of its work, the Owner being interested only in the results obtained raider this Agreement §9.12 In the hiring of employees for the performance of work under this Agreement or any subcontract,the Architect or any person acting on behalf of the Architect shall not, by reason of race,religion, color, sex, age, sexual orientation,national origin,or the presence oC any sensory,mental,or physical disability,discriminate against any person who is qualified and available to perform the work to which the employment relates Architect shall execute the attached City of Kent Equal Opportunity Policy Declaration(Exhibit E),Comply with City Administration Policy 12, and upon completion of the contract work,file the attached Compliance Statement(Exhibit F). §9.13 Architect shall defend, indemnify, and hold the Owner, its officers, officials, employees, agents, and volunteers harmless from any and all claims, inluues, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Architect's negligent performance of this Agreement, except for that portion of the injuries and damages caused by the Owner's negligence The Owner's inspection or acceptance of any of Architect's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent juiisdiction 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 Architect and the Owner,its officers, officials, employees, agents,and vohuiteers,the Architect's liability hereunder shall be only to the extent of the Architect's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ARCHITECT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFIAATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination oCthis Agreement §914 The failure of the Owner to insist upon strict pei formance of any of the covenants and agreements contained in this Agreement,or to exercise any option conferred by this Agi eement in one or more instances shall not be construed to be a waiver or relinquishment oCthose covenants,agreements, or options, and the same shall be and remain in full force and effect §9 15 All convmunications regarding this Agreement shall be sent to the parties at the addresses listed on the cover page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3)business days after the date oC mailing by registered or certified marl,and shall be deemed sufficiently given iC sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing §9.16 The Architect agrees to comply with all federal, state, and municipal laws,rules, and regulations that are now effective or in the future become applicable to Architect's business, equipment,and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations and witI complete and abide by the terms of the Administrative Policy in Exhibit C and the Equal Opportunity Compliance Statement, Exhibit D §9 17 The Architect shall procure and maintain for the duration oCthe Agreement, insurance oCthe types and in the amounts described in Exhibit E attached and incorporated by this reference Certificates and endorsements shall be provided as set out in Exhibit E ARTICLE 10 PAYMENTS TO THE ARCHITECT ' §10 2 REIMBURSABLE EXPENSES §10 2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses .1 transportation in connection with the Project for authorized out-of-town travel and subsistence There shall be no charge for mileage for any trip less than 60 miles round trip, .2 reproductions,plots, standard form documents,postage, handling and delivery of Instriuments of ' Service; AIA Document B151n - 1997 Copyright O 1974, 1978, 1987 and 1997 by 'Tie American Institute of ArcoitecLs All rights reserved 7 t.-A— t,- taw, This draft was produced by AIA software at 09 19 49 on 02/14/2008 under Order No 1000311639_1 wh-1 2Io -es on 7/24/2008, and is not for resale User Notes (1754316737) .3 material and supply expenses for renderings,models and mock-ups requested by the Owner, .4 reimbursable expenses as designated in Article 12, .5 other similar direct Project-related expenditures as approved in advance by the Owner §10 3 PAYMENTS ON ACCOUNT OF BASIC SERVICES § 10.3.2 Payments for Basic Services shall be made monthly. §10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred §10.5 PAYMENTS WITHHELD , No deductions shall be made from the Architect's compensation on account of penalty,liquidated damages or other sums withheld from payments to contractors,or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable §10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates shall be provided to the Owner or the Owner's authorized representative upon Architect's submittal of its Certificates for Payment ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows. §11.2 BASIC COMPENSATION §11.2.1 For Basic Services,as described in Article 2 2, Basic Compensation shall be in an amount not to exceed eighty five thousand,nine hundred and thrtty dollars ($85,930 00)to be billed monthly at percentage of completion of the work §11.3 COMPENSATION FOR ADDITIONAL SERVICES §11.3.1 For Project Representation Beyond Basic Services, as described in Section 3 4,compensation shall be per Exhibit B or as agreed upon by both parties No additional service shall provided without written authorization from the City.. §11.3.2 Architect's hourly or flat rage 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. For Additional Services of the Architect, as described in Articles 3 and 12,other than(1)Additional Project Representation, as described in Section 3 2,and(2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed per Exhibit B 1 §11.3.3 For Additional Services of Consultants,shall be billed at the rates set out in Exhibit B §11.4 REIMBURSABLE EXPENSES ' For Reimbursable Expenses,as described in Section 10 2,and any other items included in Article 12 as Reimbursable Expenses,a multiple of one point one (1.10)tines the expenses incurred by the Architect,the Architect's employees and consultants directly related to the Project §11.5 ADDITIONAL PROVISIONS §11.5.1 if the Basic Services covered by this Agreement have not been completed within twelve ( 12 )months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated at rates to be negotiated based on industry standards,unless the schedule has been adjusted in accordance with Section 1.2. AIA Document B151M - 1997 Copyright O 1974, 1978, 1987 and 1997 by The American Institute of Architects All rights reserved t;. ' .._..� _•CP '�u�^^+' a �r•n:"e°:,` - ,. > �;aya z_,�s� - _.u, ✓^; -;u'xr:e ,a" '",r r-�u "J. irl-..< -T uF-: -.p,o��t• n�a ": _ - au•_ 3 ., ... any r­t i,n. 1 be t_1 nT ,.b �t law This draft was produced by AIA software at 09 19 49 on 02/14/2008 under Order No-1000311639 1 which expires on 7/24/2008, and is not for resale User Notes (1754316737) ,,X\:'-.at Payments are due and payable forty-five ( 45 )days from the date of the Architect's invoice (Uszny laws and requirements under the Federal Truth in Lending Act, similar state and local consumet credit laws and other regidatzons at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers) This Agreement entered into as of the day and year First written above which date shall be entered by the last party executing this Agreement on the date of that execution OWNER ARCHITECT (Srgnatzn e) (Signature) Suzette Cooke,Mayor David A. Clark,Operating Member (Printed name and title) (Printed name and title) i 1 i 1 ' AIA Document B151M - 1997 Copyright © 1974, 1978, 1987 and 1997 by The American Ins Li Lute or Architects All rights reserved -=_ ,e .urn ;, are^ , ,< - -' -,. ., __ ''• - _. -,�i, cn- .1 � ^*� L^« ira Thrs drafL was produced by AIA software at 09 19 49 on 02/14/2008 under Order No 1000311639_1 wnic, ex ices on 7/24/2008, ' and rc not for resale User Notes (1754316737) Exhibit A March 7, 2008 Mr. Charlie Lindsey Superintendent,Facilities Management Parks, Recreation & Community Services City of Kent 220 Fourth Ave South , Kent,WA 98032 Re- Kent Courthouse Addition Proposal l U Dear Charlie. U w This letter of proposal is in response to your request for design services for the Kent Courthouse x project We understand the project to be the addition of court rooms and office space as described in U the memo titled"Restatement/Clarification of Programmatic Needs under Option A and B" dated 2/5/08. With that scope in mind, we would like to present our services to you. This contract is limited to the site and schematic design portion of the work. At the end this contract, we would be able to present to council a plan that has city court staff buy-in, as well as cost estimates to determine the MACC. The design development, construction documents, final cost estimates, bidding and the construction documents is not included in this contract Our fixed fee for the work as described above is $85,930. This is a fixed fee and includes all design time necessary to satisfy both the City and County court staff, as well as your facilities team. This fee does not include reimbursables, such as permit fees, delivery charges, reproduction costs, surveying or soils engineering. 00 My team will consist of MLA Engineering, Structural; AWA Electrical Consultants, CeGG Engineering(Mechanical), Sound Consultants (Civil), AMID (Interiors), GM2 Systems (Data/LV) and SLA Landscape Architecture. w H If this proposal is acceptable, Please let me know if the attached Contract is acceptable to the City This is identical to my contract with Kent Parks for a project last month. We look forward to working with you,your facilities team, the court staff and the county court staff N CIO Sincerely, David A. Clark Architects,PLLC David A. Clark, AIA,Project Architect r A Washington Professional Limited Liability Company Licensed Architects in Arizona, California, Colorado, Hawaii, Texas and Washington Exhibit B DAVID A. CLARK ARCHITECTS, PLLC Kent Parks, Recreation and Community Services Kent Courts Addition Prepared t4-Feb-08 Hourly Rates Revised David A. Clark Architects, PLLC Dave Clark,Principal $139 62 Sheryl Stacy Brown, Drafting $ 83 60 Michael Leonard & Associates, tnc. (Structural Engineers) Principal $ 138 00 Associate $115 00 Designer $103.50 Drafter $ 8050 CeGG Engineering(Mechanical Engineers) Principal $138 00 Drafter $138 00 AWA Electrical Consultants Principal $ 126 50 Drafter $ 7475 Exclusions Reunbursables, travel Assumptions All work completed in 2008 1 i t David A ClarkArchdects, PLLC Exhibit B Kent Hourly Rates 021408 211412008 i Exhibit C CITY OF KENT ADMINISTRATIVE POLICY NUMBER- 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Suzette Cooke, 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. l 1 EEO COMPLIANCE DOCUMENTS- 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 affinnative 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: I. I have read the attached City of Kent administrative policy number t.2. 2. During the time of this Agreement I will not discriminate in erployment 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 12008 By: For: Title- Date: EEO COMPLIANCE DOCUMENTS-2 Exhibit D ' CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of David A. Clark Architects, PLLC Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Kent Courthouse Addition Project 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 , 2008 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 Kent City Council Meeting Date_ March 18, 2008 Category Consent Calendar - 6F 1. SUBJECT: CABLE FRANCHISE CONSULTANT CONTRACT WITH BRADLEY & GUZZETTA, LLC - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the cable franchise consultant contract with Bradley and Guzzetta, LLC in the amount of $35,000 plus costs and expenses. The City of Kent Comcast Cable Franchise Agreement will expire in June 2008. The constantly changing landscape of emerging technologies in telecom, cable, and broadband, combined with recent FCC rulings, has created a trend toward national and state franchising. This convergence of technology and policy also creates a complicated and constantly changing set of priorities with multiple considerations. Local municipalities like Kent would be left with very little negotiating power and leverage. Bradley and Guzzetta LLC is currently negotiating on behalf of the cities of Auburn and Renton. This backdrop will provide Kent with a measure of regional leverage along with cost sharing benefits. Funding for this effort was included in the 2007 Tech Plan which was adopted as part of the comprehensive 2008 City budget. 3. EXHIBITS: Consultant agreement and summary memo (as presented to the 3/4/08 Operations Committee) 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: INFORMATION TECHNOLOGY ' Mike Carrington, Director KENT Phone: 253-856-4600 WASH IN OT O N Fax: 253-856-4700 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: February 26, 2008 TO: Kent City Council Operations Committee FROM: Mike Carrington, IT Director Dea Drake, Multimedia Manager SUBJECT: Cable Franchise Contract Consultant MOTION: I move to approve entering into a contract with Bradley and Guzzetta LLC, Attorneys at Law, for the purpose of assisting the City in negotiation of the Comcast Cable Franchise for an amount not to exceed $35,000 plus taxes and expenses. SUMMARY: The City of Kent Comcast Cable Franchise Agreement will expire in June of 2008. The constantly changing landscape of emerging technologies in telecom, cable and broadband, combined with recent FCC rulings, has created a trend toward National and State franchising. This convergence of technology and policy also creates a complicated and constantly changing set of priorities with multiple considerations. Local municipalities like ours are often left with very little negotiating power and leverage. The City would benefit from having a consultant with strong experience in negotiating cable franchises and seasoned experience in the kind of climate we find ourselves today. The recommended consultant, Bradley and Guzzetta LLC, is currently negotiating on behalf of the cities of Auburn and Renton. This Valley Cities backdrop will provide us with a measure of regional leverage along with cost sharing benefits. The negotiating team will consist of staff from IT and Law coupled with the Bradley and Guzzetta principle, _ Michael Bradley. Secondary support will be provided by the Bradley and Guzzetta consulting firm as a whole. BUDGET IMPACT: Funding for this effort was included in the 2007 Tech Plan which was adopted as part of the comprehensive 2008 City budget. l • KENT W A S H I N G T O N CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF KENT AND BRADLEY & GUZZETTA, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Bradley & Guzzetta, LLC organized under the laws of the State of Washington and doing business at 444 Cedar Street, Suite 950, Saint Paul, MN 55101 P/(651) 379-0900 F/(651)379-0999 (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: Michael R. Bradley of Bradley & Guzzetta, LLC, will be the lead consultant and will coordinate efforts between Bradley & Guzzetta, LLC and its Team Members (CBG Communications, Inc. and ' Front Range Consulting, Inc.). The major tasks of the project have been divided into three phases. This contract covers Phase I, Informal Renewal. The detailed tasks are listed on Exhibit A attached hereto, for Phase I only. It is anticipated that Phase II will be completed by subsequent amendment of this Agreement. 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. Consultant shall complete the work described in Section I by September 30, 2008. III. COMPENSATION. A. The City shall pay the Consultant, based on an amount not to exceed Thirty Five 1 Thousand Dollars and xx/100 ($35,000.00) for the services described in this Agreement for Phase I. 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 B. CONSULTANT SERVICES AGREEMENT - 1 (Between the City of Kent and Bradley & Guzzetta, LLC) (February 6, 2008) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 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. CONSULTANT SERVICES AGREEMENT - 2 (Between the City of Kent and Bradley & Guzzetta, LLC) (February 26, 2008) 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 C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. 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. 1 CONSULTANT SERVICES AGREEMENT - 3 (Between the City of Kent and Bradley & Guzzetta, LLC) (February 26, 2008) 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 addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall 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. CONSULTANT SERVICES AGREEMENT - 4 (Between the City of Kent and Bradley & Guzzetta, LLC) (February 26, 2008) 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: jBy: 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: Bradley & Guzzetta, LLC Information Technology 444 Cedar Street, Suite 950 Attn: Dea Drake _ St. Paul, Minnesota 55101 City of Kent (651) 389-0900 (telephone) 220 Fourth Avenue South (651) 379-0999 (facsimile) Kent, WA 98032 (253) 856-4600 (telephone) 253 856-4700 facsimile APPROVED AS TO FORM: Kent Law Department P\Civil\Files\OpenRles\0985\Consul tan tServicesAgreement-Bradley doc CONSULTANT SERVICES AGREEMENT - 5 (Between the City of Kent and Bradley & Guzzetta, LLC) (February 26, 2008) 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 r promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200 . By: For: ' Title: Date: CONSULTANT SERVICES AGREEMENT - 1 (Between the City of Kent and Bradley & Guzzetta, LLC) 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. CONSULTANT SERVICES AGREEMENT - 2 (Between the City of Kent and Bradley & Guzzetta, LLC) 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: CONSULTANT SERVICES AGREEMENT - 3 (Between the City of Kent and Bradley & Guzzetta, LLC) Exhibit B To Consulting Services Agreement Between - the City of Kent and Bradley & Guzzetta, LLC 1 Compensation 1. Cable Franchise Renewal. Vendor shall perform the services in Phases I and II at the hourly rates set forth in paragraph 3. The fees for Phase I shall not exceed $35,000.00 exclusive of costs. The City and Vendor shall mutually agree on a not to exceed fee cap for Phase II prior to the commencement of any tasks under Phase II. 2. Cable Franchise Administration. Consultant shall perform the Cable Franchise Administration tasks listed in Exhibit A for a flat fee of $2,084.00 per month exclusive of costs. 3. Telecommunications Franchise Administration. Consultant shall perform the Telecommunications Franchise Administration tasks listed in Exhibit A for a flat fee of $3,000.00 per month exclusive of costs. 3. Hourly Rates. For all hourly work and any optional services, the following hourly fees shall apply: Michael R. Bradley $220.00 Stephen J. Guzzetta $220.00 J. David Abramson $220.00 Associates $175.00 Paralegal/Law Clerk $125.00 4. Disbursements. Disbursements (postage, supplies, long distance telephone) would be charged on an actual cost basis. We anticipate the following expenses: photocopies, materials and supplies, courier fees, reproduction, postage, Federal Express, travel (air, hotel, meals, ground transportation etc.), mileage at $0.485/mile or the current approved IRS rate, parking, court and administrative agency costs, expert witness fees, and other similar expenses. Subcontracting involves a significant investment in administrative time. In addition, Vendor is charged state tax on all of the subcontractor's fees. If it is necessary to subcontract with other firms with the necessary expertise to assist the City, B&G will at the City's request and approval enter into subcontracts with other consultants. The City shall reimburse B&G for the actual cost of the subcontracts plus a 10% markup to cover B&G's additional overhead expense associated with the Subcontract. 5. Submission of Invoices/Fee Adjustments. Invoices for work will be submitted to the City monthly and will be due and payable 30 days after submission. Balances owed for more _ than 30 days after invoice date may, at Consultant's option, accrue interest as allowed by Washington law. All fees shall be adjusted each January 1st (commencing January 1, 2008) by a cost of living adjustment, based upon the Consumer Price Index for the Seattle area. 6. Objections to Invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If CONSULTANT SERVICES AGREEMENT - 4 (Between the City of Kent and Bradley & Guzzetta, LLC) Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. r CONSULTANT SERVICES AGREEMENT - 5 (Between the City of Kent and Bradley & Guzzetta, LLC) ATTACHMENT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Pro_lect Endorsement ISO form CG 25 03 11 85 There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage 2 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington 3 Professional Liability insurance appropriate to the Consultant's profession. Minimum Amounts of Insurance Contractor shalt maintain the following insurance limits 1. Commerciat General Liability insurance shall be written with limits no less than S 1,000,000 each occurrence, $1,000,000 general aggregate and a S 1,000,000 products-completed operations aggregate limit 2. Professional Liability insurance shall be written with limits no less than S1,000,000 per claim and $1,000,000 policy aggregate limit Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance I The Contractor's insurance coverage shall be primary insurance as respect the City Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it 2 The Contractor's insurance shalt 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 CONSULTANT SERVICES AGREEMENT - 6 (Between the City of Kent and Bradley & Guzzetta, LLC) EXHIBIT C(Continued) 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 claun is made or suit is brought, except with respects to the limits of the insurer's liability D. Acceptability of Insurers Insurance is to be placed with insurers with a current A M. Best rating of not less than A VII E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shalt be subject to all of the same insurance requirements as stated herein for the Contractor. CONSULTANT SERVICES AGREEMENT - 7 (Between the City of Kent and Bradley & Guzzetta, LLC) Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6G 1. SUBJECT: COORDINATED PREVENTION GRANT (CPG) AGREEMENT FOR RECYCLING - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Coordinated Prevention Grant (CPG) Contract Agreement for 2008/2009 in the amount of $92,633, and direct staff to accept the grant, and establish a budget for the program, upon terms acceptable to the City Attorney and Public Works Director. The funds will be used for residential and commercial waste reduction and recycling programs in 2008/2009, including special recycling and collection events for collection of hard to recycle items. 3. EXHIBITS: Public Works memo dated 3/3/08 and Grant contract agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director _ Phone: 253-856-5500 KEN T Fax: 253-856-6500 ' L _ _ __WAS H IN GTO_N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 19, 2008 To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: March 3, 2008 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Washington State Department of Ecology Coordinated Prevention Grant Move to recommend authorization for the Mayor to sign the Coordinated Prevention Grant (CPG) Contract Agreement for 2008/2009 in the amount of $92,633.00, direct staff to accept the grant and establish a budget for the funds to be spent within said project, upon concurrence of the language therein by the City Attorney and the Public Works Director. Background/Summary: The Washington State Department of Ecology Coordinated Prevention Grant is used to fund Residential and Commercial Waste Reduction and Recycling Programs in 2008- 2009, including Special Recycling and Collection events for collection of hard to recycle items. All materials collected will be recycled and/or reused. In summary, the Washington State Department of Ecology CPG Contract Agreement to distribute 2008 grant funds to the City and to implement the City's 2008-2009 CPG tasks as described in the Scope of Work are included in the grant agreement. U IPWComn7illeelAchm7Pal el2008103 03 08 doc 2 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT Grant No: G0800429,Coordinated Prevention Grant Regular Cycle Agreement. This is a binding agreement entered into by and between the State of Washington Department of Ecology, hereinafter referred to as ECOLOGY, and the City of Kent, hereinafter referred to as the RECIPIENT, to carry out the activities described herein JURISDICTION City of Kent MAILING ADDRESS 220 4th Ave South CITY, STATE,ZIP Kent, WA 98032 RECIPIENT GRANT COORDINATOR Gina Hungerford TELEPHONE (253) 856-5549 FAX (253) 856-6500 E-MAIL ghungerford@ci kent wa us RECIPIENT BILLING/INVOICE COORDINATOR Paul Devine-Olympic Environmental Resources TELEPHONE (206) 938-8262 FAX (206) 938-9873 E-MAIL. pautdevine@msn.com ECOLOGY GRANT OFFICER Peter D Christiansen TELEPHONE (425) 649-7076 FAX (425) 649-7098 E-MAIL pchr461 Evecy wa gov FUNDING SOURCE Local Toxics Control Account MAXIMUM ELIGIBLE COST S 123,511 STATE GRANT SHARE S 92,633 LOCAL SHARE S 30,878 STATE MAXIMUM GRANT PERCENT 75 % FEDERAL TAX IDENTIFICATION NO 91-6001254 For the purpose of this agreement, the RECIPIENT will be allowed to match the state grant share with cash and interlocal in-kind costs in accordance with application instructions. This agreement is effective on January 1, 2008 Any work performed prior to the effective date of this agreement without prior written authorization and specified in the Scope of Work will be at the sole expense and risk of the RECIPIENT. This agreement shall expire no Later than December 31, 2009 3 Grant No G0800429 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Kent REGULAR CYCLE SCOPE OF WORK The project(s) set forth below summarize the RECIPIENT's budget(s) tracked by project, goals and expected outcomes, activities with timeline,method of evaluation, and estimated project cost.* The estimated project cost is for grant officer information only; it will not be used for budget tracking purposes. Recipient Responsibilities: The RECIPIENT is responsible for implementing activities identified in the local Comprehensive Solid Waste Management Plan and the Hazardous Waste Management Plan A. CATEGORY: Waste Reduction and Recycling TOTAL CATEGORY COST CPG-BASE: S 123,510 67 1. PROJECT TITLE: Kent Residential Recycling Collection Events Summary Description:The RECIPIENT will host Recycling Collection Events for City residents in 2008 and 2009. The events will provide residents with the opportunity to divert hard-to-recycle items from the waste stream by recycling them in a convenient City location. The event will also serve as an opportunity to distribute educational materials on how to reduce waste and recycle using RECIPIENT- sponsored or private sector recycling programs. The event may also serve as a venue for distribution of compost bins or other items to City residents. As of January 1, 2009, when implementation of the Electronics Products Recycling Lavv (70 95N) begins, collection and processing costs of items covered under the law will not be-eligible for CPG reimbursement The only costs that will be eligible for CPG reimbursement related to electronics include Public information and involvement, expansion of e-waste recycling beyond covered electronic products and staff time for technical assistance, coordination and collaboration Goal Statement: The goal of the program is to promote alternatives for residents to recycle and re-use hard-to-recycle items This program will help the RECIPIENT promote recycling by diverting recyclable material from the City waste stream and act as a venue for the distribution of educational materials pertaining to waste reduction and recycling. Outcome Statement: As a result of the Residential Recycling Collection Events, The RECIPIENT estimates it will divert and recycle between 370-400 tons of material from the City residential waste stream and serve 4,200-5,000 households ECOLOGY CPG funds will partially fund Recycling Collection Events in the spring and fall of 2008 and 2009. The outcomes/impacts will be measured and the amount of waste diverted for recycling will be reported in the grant report Work Plan and Activities with Timeline Activity Timeline 1. Arrange date and site for event. Jan, Feb, 2008 &2009 2 Arrange event vendors Jan,Feb, 2008 & 2009 3. Event publicity—develop, print, sort, and mail Mid-Feb, 2008 & 2009 event fl er. 4. Hold Recycling Collection Event March, 2008 & 2009 5 Recycle materials collected at Collection Event March, 2008 & 2009 Page 2 of 8 4 Grant No. G0800429 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Kent 6 Pre are ro ect re ort for ra�burseinent. March, 2008 & 2009 7 Arrange date and site for event July, August, 2008 & 2009 8. Arrange event vendors. July, August, 2008 & 2009 9 Event publicity—develop,print, sort, and mail July, August, 2008 & 2009 event flyer. 10 Hold Recycling Collection Event October, 2008 & 2009 11 Recycle materials collected at Collection Event October, 2008 & 2009 12 Prepare project report for grant reimbursement October, 2008 &2009 Method of Evaluation. The RECIPIENT will provide the following information to ECOLOGY for project evaluation: 1) The number of events held 2) The number of event participants attending - the site greet will count cars as they arrive 3) The volume of each material collected in pounds/tons as reported from event vendors and from material delivered to recycling centers. * Estimated Project Cosh S 109,510 67 2. PROJECT TITLE- Kent Business Recycling Collection Events Summary Description:The RECIPIENT will host Business Recycling Collection Events for City businesses in 2008 and 2009 The events will be held in the summer and provide local businesses with the opportunity to divert hard-to-recycle items from the waste stream by recycling theirs in a convenient City location. The events will also serve as an opportunity to distribute educational materials on how to reduce waste and recycle using RECIPEINT-sponsored or private sector recycling programs The events may also serve as a venue for distribution of other items to City businesses As ofJanitai-v 1, 2009, when implementation of the Electronics Products Recycltng Law (70 95N) begins, collection and processing costs of items covered under the law will not be-eligible for CPG reimbursement The only costs that will be eligible for CPC reimbursement related io electronics include Public information and involvement, expansion of e-waste recycling beyond covered electronic products and staff time for technical assistance, coordination and collaboration Goal Statement: The goal of the program is to promote alternatives for businesses to recycle and re-use hard-to-recycle items This program wilt help the RECIPIENT promote recycling by diverting recyclable material from the City waste stream and act as a venue for the distribution of educational materials pertaining to waste reduction and recycling Outcome Statement- As a result of the Business Recycling Collection Events,the RECIPIENT estimates it will divert and recycle between 50-75 tons of material from the City commercial waste stream and serve 275-300 businesses ECOLOGY CPG funds will partially fund Business Recycling Collection Events in the summer of 2008 and 2009 The outcomes/impacts will be measured and the amount of waste diverted for recycling will be reported in the grant report 1 Page 3 of 8 5 Grant No G0800429 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Kent Work Plan and Activities with Timeline: Activity Timeline 1 Arrange date and site for event May, June, 2008 & 2009 2. Arrange event vendors. June, July, 2008 &2009 3. Event publicity—develop, print, sort, and mail July, 2008 & 2009 event flyer. 4. Hold Recycling Collection Event August, 2008 &2009 5. Recycle materials collected at Recycling August, 2008 & 2009 Collection Event 6. Prepare project report for grant reimbursement August, 2008 & 2009 Method of Evaluation: The RECIPIENT will provide the following information to ECOLOGY for project evaluation: 1) The number of events held. 2) The number of event businesses attending -the site greeter will count cars as they arrive. 3) The volume of each material collected in pounds/tons as reported from event vendors and from material delivered to recycling centers * Estimated Project Cost. $ 14,000 00 COMMUNICATION ECOLOGY's regional grant officer will contact the RECIPIENT grant coordinator as needed to monitor progress toward goals and check consistency with Work Plans and Timelines It is the responsibility of the RECIPIENT to contact his or her grant officer with any other questions or concerns regarding the grant. Grant officers are available to provide technical assistance at any time during the grant cycle. BILLING AND REPORTING A payment request consists of Forms A-19, B2, C2 and a progress report Unless stated otherwise in this agreement, the RECIPIENT must submit a payment request(with a progress report) at least quarterly,but no more often than once per month The RECIPIENT has elected to budget by project and therefore shall itemize by project element on the B2 and C2 forms and as laid out in the following CPG Budget Table. Itemized costs in payment requests must be by project The RECIPIENT has elected to submit all supporting documentation as back-up with each payment request. The RECIPIENT must also keep record of supporting documents to accordance with the requirements outlined in the most recent revision of Administrative Requirements for Recipients of Ecology Grants and Loans and make these documents available to ECOLOGY staff upon request The RECIPIENT must also complete a Final Performance Analysis (FPA) form online through the Information Clearinghouse. The FPA must be submitted before ECOLOGY can process your final payment request The final payment request and the FPA are due no later than February 15, 2010 for Regular Cycle grants Page 4 of 8 6 Grant No. G0800429 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Kent REGULAR CYCLE CPG BUDGET PROJECT TOTAL PROJECT COST: CPG BASE(174/117) 1.Kent Residential Recycling Collection Events $109,510 67 2 Kent Business Recycling Collection Events $ 14,000 00 TOTAL MAXIMUM ELIGIBLE COST $ 123,510 67 FUND SOURCE: CPG BASE (174/I17) MAXIMUM ELIGIBLE COST: S 123,510 67 FUND GRANT PERCENT CV0 STATE GRANT SHARE Local Toxics Control Account(LTCA) 75 % $ 92,633 00 MATCH REQUIREMENT MATCH PERCENT('Yo) LOCAL SHARE Cash Match 25 % S30,87767 ADDITIONAL BUDGET CONDITIONS 1 Overhead is eligible, the RECIPIENT may charge 25 percent of salaries and benefits for time devoted 1 specifically to projects outlined in this agreement 2 The RECIPIENT contact for billing and invoice questions is: RECIPIENT BILLING/INVOICE COORDINATOR: Paul Devine - Olympic Env Resources TELEPHONE (206) 938-8262 FAX (206) 938-9873 E-MAIL. pauldevine a)msn com 3. Grant payments should be made payable to City of Kent 4 Grant payments should be mailed to this address JURISDICTION City of Kent ATTN Gina Hungerford MAILING ADDRESS 220 4th Ave South CITY, STATE, ZIP Kent, WA 98032 Page 5 of 8 7 Grant No. G0800429 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Kent SPECIAL TERMS AND CONDITIONS A. INTERLOCAL AGREEMENTS If parties other than the RECIPIENT are contributing to the local share of project costs, memoranda of understanding or other written agreements confirming the contribution must be negotiated These agreements must specify the exact work to be accomplished and be signed by all parties contributing to the local match of this project Copies of these agreements shall be submitted to ECOLOGY. B PROCUREMENT AND CONTRACTS 1 The RECIPIENT shall follow their standard procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS with no formal procurement procedures must comply with the "Standards for Competitive Solicitation", found in the most recent revision of Administrative Requirements for Ecology Grants and Loans. 2 Following execution, at the request of ECOLOGY, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs),requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY. 3. The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used contracts entered into prior to the execution of the grant agreement for performance of grant funded activities. C. SEPA COMPLIANCE To ensure that environmental values are considered by the state and local government officials when making decisions, the RECIPIENT shall comply with the provisions of the State Environmental Policy Act(SEPA), Chapter 41 23C RCW, and the SEPA Rules, Chapter 197-11 WAC. Copies of the SEPA documents shall be sent to: ECOLOGY's Environmental Review and Transportation Section P O Box 47703 Olympia, WA 98504-7703 D WETLANDS PROTECTION To comply with the directive of Executive Order 90-04,Protection of Wetlands, all local governments are requested and encouraged to make all of their actions consistent with the intent of this executive order; specifically, (1) to avoid, to the extent possible, adverse impacts associated with the destruction or modification of wetlands, and(2) to avoid direct or indirect support of new construction in wetlands wherever there is a practical alternative. E. FAILURE TO COMMENCE WORK r ECOLOGY reserves that right to terminate this agreement in the event the RECIPIENT falls to commence work on any of the projects funded herein within six(6)months after the effective date F. PROJECT INCOME Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as required by ECOLOGY's Administrative Requirements for Ecology Grants and Loans Page 6 of 8 ' 8 Grant No. G0800429 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Kent G. GRANT REPORTING I. The RECIPIENT, in conjunction with submission of payment requests, or at the request of the grant officer, shall prepare Progress Reports and submit them to ECOLOGY. The RECIPIENT must also complete and submit a Final Performance Analysis (FPA) upon completion of the scope of work 2. The RECIPIENT must submit all backup documentation paperwork along with each payment request or maintain all backup documentation in an accessible location and be subject to biennial documentation check visits by Ecology grant officers H PROMOTIONAL AND EDUCATIONAL MATERIALS A copy of all promotional and educational materials developed as part of this agreement shall be submitted electronically to ECOLOGY concurrent with public distribution ECOLOGY shall have the right to use any printed materials developed as part of this agreement in any manner ECOLOGY deems appropriate. The Washington State Department of Ecology will be acknowledged for providing funding in all published material and oral presentations that result from this agreement. I AMENDMENTS AND MODIFICATIONS No subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement, except a letter of amendment will suffice to redistribute the budget without increasing the total maximum eligible cost or to change ECOLOGY's grant officer or the RECIPIENT's grant coordinator or to extend the period of performance as set forth in this grant agreement J. MINORITY AND WOMEN'S BUSINESS PARTICIPATION (It is not mandatory for the RECIPIENT to abide by Part J of the Special Terms and Conditions, however, it is highly encouraged) The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned(WBE)businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize ECOLOGY's goals for minority- and women-owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows- Construction/Public Works 10%MBE 6%WBE _ Architecture/Engineering 10% MBE 6%WBE Purchased Goods 8%MBE 4%WBE Purchased Services 10% MBE 4%WBE Professional Services 100/% MBE 40/0WBE No contract award or rejection shall be made based on achievement or non-achieverent of the goals Achievement of these goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications may take the following affirmative steps in any procurement initiated after the effective date of this agreement. 1. Include qualified minority and women's businesses on solicitation lists Page 7 of 8 Grant No. G0800429 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Kent 2 Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3 Divide the total requirements, when economically feasible, into smaller projects or quantities to permit maximum participation by qualified minority and woinen's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5 Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U S. Department of Commerce, as appropriate. The RECIPIENT may report to ECOLOGY payments made to qualified firms at the time of submitting each invoice and on forms provided by ECOLOGY; the information should include: • Name and State OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. • The total dollar amount paid to qualified firms under this invoice. K. ALL WRITINGS CONTAINED HEREIN This agreement, the"General Terns and Conditions", and ECOLOGY's Administrative Requirements for Ecology Grants and Loans, contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein IN WITNESS WHEREOF the parties hereby execute this Grant Agreement: p Y g STATE OF WASHINGTON CITY OF KENT ' DEPARTMENT OF ECOLOGY Laurie Davies Date Authorized Official Date Program Manager Solid Waste and Financial Assistance Print Name of Authorized Official APPROVED AS TO FORM ONLY Title Assistant Attorney General a� Page 8 of 8 Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6H 1. SUBJECT: SEATTLE/KING COUNTY HEALTH DEPARTMENT LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Local Hazardous Waste Management Program (LHWMP) contract agreement for 2008 in the amount of $24,242.21, and direct staff to establish a budget for the project upon concurrence of final terms and conditions by the City Attorney and the Public Works Director. The Seattle/King County Health Department Local Hazardous Waste Management Program Grant is used to fund collection of hazardous waste at special recycling collection events for residents and businesses. 3. EXHIBITS: Public Works memo dated 3/3/2008 and KC Contract #D37975D 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? Yes Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 11 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 11� KEN T Fax: 253-856-6500 WASH I N G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 20, 2008 To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: March 3, 2008 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Seattle/King County Health Department Local Hazardous Waste Management Program (LHWMP) Move to recommend authorization for the Mayor to sign the Local Hazardous Waste Management Program Contract Agreement for 2008/2009 in the amount of $24,242.21, direct staff to accept the grant and establish a budget for the funds to be spent within said project upon concurrence of the language therein by the City Attorney and the Public Works Director. Background/Summary: The Seattle/King County Health Department Local Hazardous Waste Management Program Grant is used to fund collection of hazardous waste at special recycling collection events for residents and businesses. The Seattle/King County Health Department Local Hazardous Waste Management Program Contract Agreement to distribute 2008 grant funds to the City to implement the City's 2008-2009 LHWMP tasks as described in the Scope of Work are included in the grant agreement. U IPIPCnwinfltM ,honPug,12008)030308do, 12 King County Contract No D37975D Federal Taxpayer ID No, 1 This form is available in alternate formats for people with disabilities upon request. KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION, — — OR JURISDICTION — 2008 -' _ Department Seattle-King County Dept of Public Health (a.k.a Division _ _ Public Health - Seattle & King C0Unty)_/EHS Contractor City of Kent ,— Project Title_ (Local Hazardous Waste Management Program mo Contract Aunt $ Twenty our Thousand Two Hundred Forty Two _ -- -- _ Dollars and Twenty One Cents _ Contract Period Start date 01/01/2008 End date. 12/31/2008 THIS CONTRACT is entered into by KING COUNTY (the `County"), and City of Kent (the --Contractor"), whose address is 220 4th Ave. S, Kent, WA 98032-5895 WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates. FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY $24,242.21 1/1/2008- 12/31/2008 TOTAL $24,242 21 1/1/2008- 12/31/2008 and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2008 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows I. Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference • Exhibit I_ Scope of Work • Exhibit II- Budget and Invoice • Exhibit ill- Mission, Method and Expectations - Exhibit IV. Certificate of Insurance and Additional Insured Endorsement 11, Term and Termination A. This Contract shall commence on 01/01/2008, and shall terminate on 12/31/2008, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. B. This Contract may be terminated by the either party without cause, in whole or in part, prior to the date specified in Subsection 11 A. above, by providing the other party thirty (30) days advance written notice of the termination. C The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event. (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or(2)the duties, obligations, or services required herein become impossible, illegal, or not feasible. SKCDPH-Agency BP 1 of 13 13 If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor, terminate this Contract in whole or in part If the Contract is terminated as provided in this Subsection (1)the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination, and (2)the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. E. The Contractor may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract- F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III. Compensation and Method of Payment A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner. Upon receipt and approval of a signed invoice as set forth in Exhibit II that complies with the budget therein. B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Contractor not more than 45 days after a complete and accurate invoice is received. C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice D. When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget The contract may contain separate budgets for separate program components_ The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E. If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1. The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate SKCDPH-Agency BP 2 of 13 14 shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference Please reference the federal web site for current rates http//www gsa gov 2. Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A 3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes- The Contractor shall always request government rates 4_ Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip_ IV. Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards V Debarment and Suspension Certification Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are excluded from contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. For more information on suspension and debarment, see Federal Acquisition Regulation 9.4. VI. Maintenance of Records/Evaluations and Inspections A. The Contractor shall maintain accounts and records. including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following. 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and infomnation related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract, and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records_ The County may visit, at any mutually agreeable time, the site of the work and the Contractor's office to review the foregoing records The Contractor shall provide every assistance requested by the County during such visits In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. SKCDPH-Agency BP 3 of 13 15 D Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70,41 190, 70 02 160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E. The Contractor shall provide right of access to its facilities—including those of any subcontractor assigned any portion of this Contract pursuant to Section XIII—to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. F The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. G The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 H The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law VII. Compliance with the Health Insurance Portability Accountability Act of 1996 (HIPAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. A. Obligations and Activities of the Contractor 1. The Contractor agrees not to use or disclose protected health information other than as permitted or required by law. 2. Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the covered entity as required by CFR Title 45, Section 164, Subpart C 3 The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of protected health information by the Contractor in violation of the requirements of this Contract. 4. The Contractor agrees to report to King County Public Health Compliance Office any use or disclosure of protected health information not allowed under this Contract, or security incident, within two (2) days of the Contractor's knowledge of such event 5. The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. 6 The Contractor agrees to make available protected health information in accordance with 45 CFR § 164.524 7. The Contractor agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR 164-526 8. The Contractor agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected SKCDPH-Agency SPA of 13 16 health information received from, or created or received by the Contractor on behalf of King County, available to the Secretary, in a reasonable tune and manner for purposes of the Secretary determining King County's compliance with the pi ivacy rule 9_ The Contractor agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR 164 ti 528 B. Permitted Uses and Disclosures by Business Associate The Contractor may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the nununum necessary policies and procedures of King County C Effect of Termination 1 Except as provided in paragraph C.2. of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all protected health information received from King County, or created or received by the Contractor on behalf of King County This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor The Contractor shall retain no copies of the protected health information. 2. In the event the Contractor determines that returning or destroying the protected health information is infeasible, the Contractor shall provide to King County notification of the conditions that make return or destruction infeasible Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such protected health information. ' VIII. Audits A. if the Contractor or subcontractor is a municipal entity or other government institution or jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total of $500,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, then the Contractor or subcontractor shall meet the respective A-133 requirements described in subsections VIII.B and Vill C B. If the Contractor is a non-profit organization, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions, and OMB Circular A-133, as amended, and as applicable The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's fiscal year. The Contractor shall provide to the County its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a "Management Letter"or other correspondence made by the auditor, the Contractor shall provide copies of those communications and the Contractor's response and corrective action plan Submittal of these documents shall constitute compliance with subsection VIII.A. C. If the Contractor is a municipal entity or other government institution or jurisdiction, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VIIIA_ D If the Contractor, for-profit or non-profit, receives in excess of$100,000 in funds during its fiscal year from the County, it shall provide a fiscal year financial statement prepared by an independent SKCDPH-Agency BP 5 of 13 17 Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the Contractor's fiscal year. E. Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements IX. Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply A. The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions, B. The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County, C. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E X. Dispute Resolution A. The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. } B. if a dispute arises between the parties that cannot be resolved by direct negotiation, the dispute t shall be submitted to a dispute board for a non-binding determination. Each party shall timely appoint one member to the dispute board Those members shall jointly appoint an additional member. Any costs of the dispute board shall be split evenly between the two parties The dispute board shall timely review the facts, Contract terms and applicable law and rules, and make its determination. Provided that each party and the dispute board act in a timely manner, the parties agree not to seek legal or equitable relief in the courts until the dispute board renders its determination. Thereafter, either party may seek legal or equitable relief in the courts. ■ X1. Hold Harmless and Indemnification A In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. SKCDPH-Agency BP 6 of 13 18 The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract The Contractor shall protect, Indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract_ B The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section- C. The Contractor shall defend, indemnify, and hold harmless the County, its officers employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arise out of, or un any way result from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract F. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement XII, Insurance Requirements A. By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractor s to comply with the insurance requirements stated herein shall constitute a material breach of this Contract B Minimum Scope and Limits of Insurance By requiring such nnllnimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract_ The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Coverage shall be at least as broad as SKCDPH-Agency BP.7 of 13 19 1. Commercial General Liability Insurance Services Office form number (CG 00 01 current edition or its equivalent) covering COMMERCIAL GENERAL LIABILITY. Minimum Limit: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. 2 Professional Liability Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. Minimum Limit: $1,000,000 per claim and in the aggregate. 3. Automobile Liability In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Contractor personnel in Contractor-owned vehicles or non-owned vehicles, the Contractor shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number(CA 00 01 current edition or its equivalent) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto", or the appropriate coverage provided by symbols 2, 7, 8, or 9. Minimum Limit: $1,000,000 combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. Minimum Limit: Statutory requirements of the state of residency. 5. Stop Gap/Employers Liability. Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. Minimum Limit: $1,000,000 C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County_ The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. D. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions- 1 Liability Policies (Except Workers Compensation and Professional/Errors and Omissions) a The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. (CG 2010 11/85 or its equivalent) SKCDPH-Agency BP 8 of 13 20 b. The Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents Any insurance and/or self- insurance maintained by the County, its offices, officials, employees, or agents shall not contribute with the Contractors insurance or benefit the Contractor in any way C. The Contractor's insurance shall apply separately to each insured against whom clain is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2 All Policies a Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County b. Each insurance policy shall be written on an "occurrence"form except that insurance on a "clai ns made"form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of Contract termination, and/or conversion from a "claims made"form to an "occurrence" coverage form E. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than & VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests rating of B+VII. Any exception must be approved by King County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. F. Verification of Coverage The Contractor shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as 13 exhibits to the Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and 1 endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract The County reserves the right to require complete, certified copies of all required insurance policies at any time G Municipal or State Contractor Provisions If the Contractor is a Municipal Corporation or a Contractor of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section H. Insurance for Subcontractors If the Contractor subcontracts any portion of this Contract pursuant to Section XIII, the Contractor shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements from each subcontractor Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. I. All Coverages and Requirements SKCDPH-Agency BP 9 of 13 zi Nothing contained within these insurance requirements shall be deerned to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. XIii. Assign ment/Su bcontracti ng A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(1) support services not related to the subject matter of this Contract, or(2) supplies. C. The Contractor shall include Sections III D, IV, V, VI, VII, VIII, XI, XII, XIV, XV, and XXI, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract. "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph " XIV. Nondiscrimination The Contractor shall comply with all applicable federal, state and local laws regarding discrimination. XV. Nondiscrimination in Subcontracting Practices A. In accordance with the provisions of Washington Initiative 200, no County Minority and Women Business (MNUBE) utilization requirements shall apply to this Contract. No minimum level of MNVBE subcontractor participation or purchase from MNVBE certified vendors is required and no preference will be given by the County to a bidder or proposer for their MNVBE utilization or MNVBE status The completion of County MNVBE forms which may be included in the Contract documents is not required. Provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply. B During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities for MANBEs to participate in all County contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any disability in an otherwise qualified disabled person C. The Contractor shall maintain, until at least 12 months after completion of all work under this Contract, records and information necessary to document its level of utilization of MNVBEs and other businesses as subcontractors and suppliers in this Contract and in its overall public and private business activities. The Contractor shall also maintain, until 12 months after completion of all work under this Contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Contract. The Contractor shall make SKCDPH-Agency BP 10 of 13 ' 22 such documents available to the County for inspection and copying upon request If this Contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Contract documents D King County encourages the Contractor to utilize small businesses, Including Minority-owned and Women-owned Business Enterprises (-'M/WBEs") in County contracts_ The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office at (360) 753-9693 or on-line through the web site at www wsdot wa gov/omwbe/ E. Any violation of the mandatory requirements of the provisions of this Section shall be a material ' breach of Contract for which the Contractor may be subject to damages and sanctions provided for by Contract and by applicable law_ XVI. Conflict of Interest A. The Contractor agrees to comply with the provisions of KCC Chapter 3 04 Failure to comply with any requirement of KCC Chapter 3 04 shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section I I and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Contractor agrees, pursuant to KCC 3 04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, Its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C. The Contractor acknowledges that for one year after leaving County employment, a former county employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a county action in which the former county employee participated during county employment Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract XVII, Equipment Purchase, Maintenance, and Ownership A. The Contractor agrees that any equipment purchased, in whole or in pail, with Contract funds at a cost of$5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, Is upon its purchase or receipt the property of the County and/or federal/state government B. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment C The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties D. The County will provide property tags so Contractor can mark property The Contractor shall admit County staff to the Contractor's premises for the purpose of confirming property has been marked with County property tags. The Contractor shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds XVIII Proprietary Rights SKCDPH-Agency BP:11 of 13 23 The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law_ Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XIX. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XX. King County Recycled Product Procurement Policy In accordance with King County Code 10 16, the Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. In addition, the Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. XXL Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXIL Entire Contract/Waiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXIII.Contract Amendments Either party may request changes to this Contract Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract XXIV Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXV. Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as SKCDPH-Agency BP 12 of 13 ' 24 applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference In the event that there Is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary_ XXVI.Applicable Law This contract shall be construed and interpreted In accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract KING COUNTY City of Kent _ FOR King County Executive Signature Date NAME (Please type or print) Date Approved as to Form OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY PHSKC Contract# D37975D - Local Hazardous Waste Management Program iSKCDPH-Agency BP 13 of 13 25 ' EXHIBIT III Mission, Method and Expectations Public Health Program Activities Provided by Community Partners A. Mission ■ The overall mission of Public I-Iealth —Seattle & King County is to provide public health services that promote health and prevent disease to King County residents, III order to achieve and sustain healthy people and healthy communities. B. Method ■ One of the key methods that Public Health — Seattle S-, King County uses to support this mission and extend the reach Of public health program activities is to engage in contractual partnerships with community based organizations. This partnering activity increases access to needed and mandated health services, and enables conuuunity partner agencies and the people they serve to benefit from service models that are informed by sound public health principles and practices. Community partner organizations, with the support of funds provided through this contractual relationship, extend Public Health's activities to promote population health, according to ;oils and outcomes determined under state and national performance standards. C. Expectations ■ Public Health expects that its community based contracting partners will per form contracted health services in accordance with the goals, performance measures, and accountability methods that are outlined in the program-specific e-hibits that � accompany this contract. ■ Public Health will provide professional and technical assistance to community partner ororanization program staff in order- to support the development and maintenance of strong and effective program services. ■ Public health and community partner organizations will collaborate in developing and perloiming program evaluation activities that will measure the eflectivene,s of program efforts, including efforts to measure the impact of plogiam activities on the health status of residents of Km,County 26 EXHIBIT if D37075D MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM FOR 2008 ACTIVITIES The Local i-Tazardous Waste Management Plan (hereafter refeu-ed to as the -'Plan") as updated in 1097, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public L)tilitics, King County Water and Land Resources Division and the Seattle-king County Department of Public Health) and cities located in Killo County The Wash Ill oton State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the rcoioiml Local Hazardous Waste Management Program (liereal'ter ielerred to as the "Pioaram"). The purpose of this Exhibit is to define the terms and conditions associated with the Program's fundlm� of City activities performed under the auspices 0011C Plan and as approved by the Proaram's Management Coordination Committee (hereinafter referred to as the"MCC") This Agreement further defines the responsibilities ofthe City and Seattle-King County Department of Publle Health with respect to the transfer ofPioQiam monies. Scope of Work The City of Kent will organize two citywide household hazardous waste collection and recycling events At these events the following materials will be collected and recvcled: motor oil, motor oil litters, petroleum based products, antifreeze, batteries, computer monitors, TVs, CFCs and other materials if determined to he cost effective_ Responsibilities of the Parties The responsibilities of the parties to this Contract shall be as follows: A_ The City 1- The City shall develop and submit project proposals and budget iequests to the Program's Contract Administrator_ Ponds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and,or services as approved by the MCC_ For reimbursement the City shall submit the following to the Contract Administrator a) An invoice (sec li)_ invoices "hould he sent to the Contract Administrator I'or approval and payment b) A brief description of activity accomplished and funds evpendcd in accordance with the scope of wort:. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department- The financial Statei�Ients should include vendor names, a description of services provided, date paid and a check or warrant number. D\Program Piles\Nees is Com\Document Cow veitcr�'tam�kenti)S doc 1 or') v 3. The City shall notify the Contract Administrator no later than December 15`�' regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request 4. It is the responsibility of the City to comply with all applicable counly. state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes The City shall report to the Contract Administrator the quantity, by type, of moderate ritik waste collected using Program funds The City shall also provide the Contract Administrator with copies of EPA's Non- Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other vvav associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations 6. The City agrees to appropriately acknowledge the Program in all media produced — in part or In whole—with Program funds. The intent ofthis provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the. Progi aitl to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 4"' Ave. S, Kent, at (253) 856-5549, ((irlhungerford(cvci.kent.wa.us) or her-designee. 9. Questions ur concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the L1-IWMP Program Administrator for resolution. B. Seattle-King County Department of Public Health l. Seattle-King County Department of PnbinC Health shall administer, via the attached Contract, the transfer of Program funds to the City_ for hazardous waste management events and activities. ' 2 Within forty-five (45) days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City ofany exceptions to the request which have been identified or shall process the request for payment_ if any exceptions to the request are made, this shall he done by written notification to the City providing the reason foi such exception. The C0111-taet Administrator will not authorize payment liar activities and/or expenditures that ate not included in the scope of work, unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not Include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work D-\Program Files\Neevia Com\Document doc 3 of 3 28 Piogram Contacts Liz Tennant Paul Shallow Acting, LITKMP Prouram Administrator LHWN4P Contract Administrator 1 >Il Nickerson Street, Suite 100 Seattle, WA 98104 206-284-7974 206-263-8487 hz pawl siall0�'(U>kln,county.goV D\Program FileSlNec1 is ComADocu mtnL Ca7�errerltempAkentOS doc o l'3 29 ' EXHIBIT 11 Rudlaet/Invoice LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: The City of Kent 220 4"' Ave_ S Kent, WA 98032-5895 To Paul Shallow, [,I-IWMP Contract Administrator Seattle-King County Department of Public Health 401 5th Avenge, Suite 1100 Seattle, WA 98104 Contract�D37975D Penod of time-_ 2008 to _ 2008 In performance of a signed Contract between King County and the City of Kent, I hereby eertifv that the following eypenses were incurred during the above-mentioned period of tune. Signature Date Component _ Descri_tion Rudact Current Expenses Previous Charges Balance 111-IW Collection $24,242?i --TOTAL $24,242 21 For Health Department Use Only, Local Hazardous Waste Management Program Approval. 1'a u I Shallow ----------- Date ' D Tro,tam Files\Neex,ia.Com\Document Converter\templl entr)8_dnc M 30 r 1 Insurance Authority PC) Buti_8%o30 1 09-Jail-08 Cert#_ San; rP11 J'!C 206-575-60 46 Public Health - Seattle &- lung County Attr•: Helen Cadhgan -a -06-575-7-126 999 Third Avenue, Suite 600 Seattle,WA 98104 RE-- City ol'Kent 1 Hazardous Waste Management 1'm(,ram crown for`008. Evidence of Coverage The Sabo ve captioned entity is a member of the Washington Cities Tnsw ance Authority (WCTA), which is a self insured pool of over 123 municipal corporations in the State of Washington_ WCIA leas at least$1 million per occurrence combined single limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deenied to be attributed to the negligence of the member WCIA is an Interlocai Agreement among municipalities and liability is completely self fivided by the meitlbership. As there is no insurance policy involved and WCIA is not an insurance company,your organization caimot be named as an "additional insured' Swcerely, Eric B Larson Depury Director cc Clrristo phei Hills Curia T Itmgel Foi d clettAr Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6I 1. SUBJECT: EARTHWORKS PARK DAM/GEOENGINEERS CONSULTANT AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Earthworks Park Dam Project Consulting Contract with GeoEngineers in the amount of $41,981.90, upon concurrence of final terms and conditions by the City Attorney and the Public Works Director. It is industry standard to have experts in geotechnical engineering, soils, concrete and other construction materials to provide consultant services to verify material quality and quantity as well as to assist in the placement and inspection of those materials. This specialized expertise is not available from City personnel. 3. EXHIBITS: Public Works memo dated 2/27/08 and Consultant Contract ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $41,981.90 Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 31 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director KEN T Phone: 253-856-5500 Fax: 253-856-6500 W A S H N O T O N ' Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 27, 2008 ' To: Chair Deborah Ranniger, and Public Works Committee Members PW Committee Meeting Date: March 3, 2008 From: Peter Tenerelli, Construction Manager Through: Larry Blanchard, Public Works Director Subject: Earthworks Park Dam — Consultant Contract with Geo Engineers ' Move to recommend authorization for the Mayor to sign the Earthworks Park Dam Project Consulting Contract with Geo Engineers in the amount of $41,981.90, upon concurrence of the language therein by the City Attorney and the Public Works Director. Background/Summary: The City of Kent is contracting for various geotechnical and inspection work on the ' Earthworks Park Dam. It is industry standard to have experts in geotechnical engineering, soils, concrete and other construction materials to be on-call to provide consultant services to verify material quality and quantity as well as assist in the placement and inspection of such materials. This expertise is not available from City of Kent personnel. City personnel (Senior Inspectors/Owner's Representatives) will direct and monitor the extent of the work of this consultant and assist in those inspection items that do not require the level of expertise, certifications and laboratory analysis required to complete this project. 1 1 U�PWConnnVleeldumnPagell0081PH'CO3 03 08 do, 32 • KENT WA�HINCTON CONSULTANT SERVICES AGREEMENT ' between the City of Kent and GeoEngineers, Inc. 1 THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 Fawcett Avenue, Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Gary Henderson (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 geotechnical engineering services for the Earthworks Park Dam Project. For a description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. -- A Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. ' II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2008. 1 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to ' exceed Forty One Thousand, Nine Hundred Eighty One Dollars and ninety cents ($41,981.90) 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 r CONSULTANT SERVICES AGREEMENT - 1 (Over,10.000) 33 effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of, an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not , related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under , this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the , employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 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 riot 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. CONSULTANT SERVICES AGREEMENT - 2 ' (Over S10,000) 34 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 C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. 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 tpracticable. 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 iand 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 ' CONSULTANT SERVICES AGREEMENT - 3 (Over S 10.000) bringing such claim or lawsuit, in addition to any other recovery or award provided5 by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. ' D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the, date of mailing by registered or certified mail, and shall be 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 terns 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 S10.000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ' CONSULTANT: CITY OF KENT: Gary Henderson Larry R. Blanchard ' GeoEngineers, Inc. City of Kent 1101 Fawcett Avenue, Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) 253 383-4923 facsimile (253) 856-6500 (facsimile) APPROVED AS TO FORM: 1 Kent Law Department rGeoengineers-Earthworks Park Dam/Tenerclli 1 i 1 1 1 r 1 1 1 r 1 CONSULTANT SERVICES AGREEMENT - 5 (Over,910.000) 37 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 38 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. l 1 1 EEO COMPLIANCE DOCUMENTS - 2 39 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 rime , Y P Y P contractor for the Agreement known as that was entered into on the__ I (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 ' 40 EXHIBIT A SCOPE OF SERVICES CITY OF KENT EARTHWORKS PARK DAM Kent Project #05-3008 1. Attend pre-construction meetings 2. Provide on-site recommendations for striping depths,as needed_ 3. Provide on-site recommendations as to suitability of on-site soils for structural fill. a. Observe fill placeulent and take field moisture/density tests to evaluate if it meets specifications. S. Observe installation of the drainage relief wells and inter-connecting drains_ 6. Sample material imported to site to evaluate if it is as specified. 7. Perfoini laboratory testing on each of the different soils used for fill to develop maximum dry density in accordance with ASTM D 1557. 8. Provide constriction consultation as requested. 9. Project management,including budget tracking and summaries/memoranda, as needed. GW1+L.1.S:aw TACO-1,0V0410139\02\Final5\04 1 0 1 3 402>tliibitA 022708 doc r_ - F11eNo 0410-139-02 GWENGINEERS� Februm,27,200.5 41 EXHIBIT B FEE ESTIMATE , CITY OF KENT EARTHWORKS PARK DAM Classification Hours Rate Cost Principal (Gary Henderson) 20 $60.09 $1,201,80 Engineer 2(Lyle Stone and Assistant) 400 $26.68 $10,672 00 Support 20 $23.7.5 $475M Direct Labor $12,348.80 Overhead (203.54%of direct labor) $25,134.75 Subtotal $37,483.55 Profit(10%of overhead plus direct labor) $3,743.35 Total Labor $41,231 M Other Expenses Expendables(photographs,equipment charges,mileage,etc.) $750 00 Subtotal $750 OQ Total Estimated Costs $41,981.90 TAC0.0\04 1 01 391021Finals\041013902ExhibitSFeeEst_022708 xls File Na 0410-139-02 February27,2008 GEOENGINEERS� l Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6J 1. SUBJECT: JASON ENGINEERING CONSULTANT AGREEMENT, 4TH AVENUE AND JAMES STREET IMPROVEMENTS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the 41h Avenue and James Street Improvements Consulting Contract with Jason Engineering & Consulting Business, Inc. in the amount of $88,610, upon concurrence of the final terms and conditions by the City Attorney and the Public Works Director. The City is contracting for various street, sidewalk, utility and signal work on James Street from 4th Ave North to the Union Pacific Railroad. It is industry standard to have experts in concrete, asphalt and other construction materials to provide consultant services to verify material quality and quantity as well as to assist in the placement and inspection of those materials. This specialized expertise is not available from City personnel. 3. EXHIBITS: Public Works memo dated 2/27/08 and Consultant Contract 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $88,610.00 Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 43 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 • Fax: 253-856-6500 KENT WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 27, 2008 To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: March 3, 2008 From: Peter Tenerelli, Construction Manager Through: Larry Blanchard, Public Works Director Subject: 41h Avenue & James Street Improvements — Consultant Contract with Jason Engineering & Consulting Business, Inc. Move to recommend authorization for the Mayor to sign the 41h Avenue & James Street Improvements Consulting Contract, with Jason Engineering & Consulting Business, Inc. in the amount of $88,610.00, upon concurrence of the language therein by the City Attorney and the Public Works Director. Background/Summary: The City of Kent is contracting for various street, sidewalk, utility and signal work on James Street from 41h Ave North to the Union Pacific Railroad. It is industry standard to have experts in concrete, asphalt and other construction materials to be ' on-call to provide consultant services to verify material quality and quantity as well as assist in the placement and inspection of such materials. This expertise is not available from City of Kent personnel. City personnel (Senior Inspectors/Owner's Representatives) will direct and monitor the extent of the work of this consultant and assist in those inspection items that do not require the level of expertise, certifications and laboratory analysis required to complete this project. 1 P Tuhla UdmmSu1AB,thT HICmnnallee lAam,P,,,­doc KEN T 44 W-HINGT- CONSULTANT SERVICES AGREEMENT between the City of Kent and Jason Engineering & Consulting Business, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071, Phone: (206) 786-8645/Fax: (253) 833-7316, Contact: Jason Bell (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the 1 following described plans and/or specifications: The Consultant shall provide testing and inspection services for the 4th Avenue & _ James Street Improvements Project. For a description, see the Scope of Work which is attached 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 December 31, 2008. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Eight Thousand, Six Hundred Ten Dollars ($88,610.00) 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 CONSULTANT SERVICES AGREEMENT - 1 (Over-t10,000) 45 effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work, performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is riot 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 riot 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. CONSULTANT SERVICES AGREEMENT - 2 (Over_t_10,000) 46 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 C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. 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 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 1 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10.000) 47 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 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 l 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. I 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) (Tine) DATE: DATE: CONSULTANT SERVICES AGREEMENT - 4 (Over!10.000) 48 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jason Bell Larry R. Blanchard Jason Engineering & Consulting Business, Inc. City of Kent PO Box 181 220 Fourth Avenue South Auburn, WA 98071 Kent, WA 98032 (206) 786-8645 (telephone) (253) 856-5500 (telephone) 253) 833-7316 (facsimile (253) 856-65600 (facsimile) APPROVED AS TO FORM: Kent Law Department JECB--1&'--/Tenerelh r r CONSULTANT SERVICES AGREEMENT - 5 (Over�10.000) 49 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. 1 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 f 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 50 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 51 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 52 Jason Geuteclnnical EnOMPeiinll Date: 02-15-2008 En�imeering Retz i nin,;Sinwhires Project:411,Ave&lames St. !=' Consulting Projed ikiaiiagen]"111 inspect;oil Tmp-ovemetits,Kent#07-:a025C / -- - �, 8,.�iie.��, <<,�. F:,,•,iiei�� I1:.i,;,ii�k�,ti.�iy ,�s File#;p08-010 Scope of Services, ExhivitA These rates will apply for the duration of the project and should provide all the testing and inspection requu-emnents for your project:4ih Ave&James St.improvements,Kent#07-3025C Attend preconstruction meetings. Provide onsite construction inspection and recommendations regarding construction materials as requested Observe placement and procedures. Provide density tests to confirm coripaction and testing specification req nirer ents- Sample imported material to evaluate and confirm specification requirements_This includes laboratory testing for each material type encountered and/or imported to the site. Testing methods will be performed accordnng to current applicable standards- " Provide constiuchon management includin-budget tracking, daily report summaries,field measurements, and pay estimate preparation- " Provide miscellaneous professional services related to this project as directed by the Construction Manager. All of our construction management inspectors are qualified to perform the same tasks as the soils/aspinaIt/concrete inspector_ Testing and inspection is typically performed by the same individual, Hours are broken down according to task in the fee schedule- " Hourly rates include all test equipment for our services (there are no hidden extra costs involved) A Licensed P.E. review-s all reports and computer-generated copies are mailed to all parties on the project distribution list. �?- The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for all work performed- There are no mileage charges. There is a nnmunum charge of 2 hours for any inspection services (weekends are mininnuwn 4 hours) and a muunnum charge of 2 hours for any professional engineering services performed. " An overtime rate of 15 times the hourly rate will be charge for all work in excess of the normal 8 hour working day,weekends and le;c,al holidays " Equipment & materials will include equipment used by an inspector the field in the performance of their inspection duties Prices are valid through December 31,2008_ Scltedide of Fees & Services, Exhibit B INSPECTION SERVICES Unit Rate hem Total 1200 Construction NIana-einent Tnspector $58-00 per hour $69,('00.00 60 Asphalt inspection &Monitoring w/Densometer $58 00 per hour $3,480 00 60 Concrete Inspection&Monitoring S58.00 per hour S3,480 00 150 Soils Inspection&Monitoring w/Densometer $58 00 per hour $8,700.00 LABORATOR) SERVICES Unit Rate Ileni Total 5 Asphalt,Ignition &Gradation $150-00 each $7-50-00 5 Asphalt,Rice Specific Gravity $85 00 each $425.00 40 Concrete,Cylinders 52000 each $800.00 5 Soil,Proctor(Standard or Modified) $150 00 each $750M 5 Soil,Sieve Analysis-,with#200 wash $125 00 each $625 00 Estinialed ProicctTotal $88,610.00 PO Box 181 Auburn I VA.98071 Pa-e 2 of 2 Phrnrc' (2061-786-8615 Fax' (^7-1_)C3_ 31t; 17r1,1i1: laspn« ;>Qonen�in��cr,rnm 1 53 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, lured 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 Liabilitv insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage_ 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for- bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit_ 54 EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Otber 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 P rY 1 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 In 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 1 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_ ems . E-DTt tr E- rOF � L P.11.1 1TY 1 SU E `1DC1 - �CQT�el0 T ar �F�tt! L�a'lt�i L S.Fi L��l ies karma i e a�-v ��fF�� ��.I t,J I i I onl,�,,,•�,,. �Y— TW5 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION YLPRSH ADVANTAGE AMERICA/PHS ONLY AND CONFERS NO113GHTSUPON THE :ter llJ� ! HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND uR I I 1 8 S - *00 7/! 6I6`7 4 f i F. j P.I 7 7)9 D 5—0457 ALTER THE CDVERAGF ArFORDED BY THE POLICIES BELOW. 4 �i-+i'z� ju � � PJ BOX 33015 SAINT ANTONIO TX 76265 INSUIRERS AFFORDING COVERAGE --— IIVSURED msvwR,LHartford Casualty Ins Co I 1JASON E'INGINEERINC' & CONSULTING 1n.SLWER81 I BUSINESS INC nsuRER[. 1 PO BOX 181 AUBURN WA 98071 RMURERE COVERAGES THE PQLICIES OF INSURA1JCEllSTED BELOW HAVE BEEN ISSUED TQ THE INSURED NAMED ABOVE FOR THE POLICY PERfOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY PE ISSUED OR I MAY PERT!%' THE-21 ISURANI EAFF"ORGED BY THE FOUCiES DESCRIBED HEREIN IS SUBJECT 10 ALL THE TERMS,FXCLUSIONS AND CONDITIONS Or SUCH F'OLICIES- AGGREGATE LIMITS SROWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LNSR LTR TYPE OF IASLARANCE POLICY EFFECTNE POLICY EXlfRI1TIDIM II 0"r-'s POLICY NUMBER PATE JORAWNY DATE 0MWD&yyJ I GENERAL LIABILITY EACH OCCURRENCE i s 2, 000, 000 A COMM ERCIALGENERALumwry 54 SBM TS7856 06/01/D7 06/01108 FIRE DAMAGEImyA f-I s300, 000 CLAIMS MADE i"T I OCCUR NED EXP IAM me I.ersml s10, O 0 0 X Business Llab PERSONAL 6 ADV INJURY 52 000, 000 GENERAL AGGREGATE I S 4, 0 0 0 000 GN'L AGGREGATE LIMIT APPLIES IfR RIODUC75-COMP/OP AGG S 4, 000, OOCI POLICY PROT- X rE IOC ? JEC AUTOMOR/LE L/ARIL?Y COMOWED Sw.GLE UfAil s2, O 0 U, O D U I A ANY AUTO 54 SBM TS7856 06/01/07 D6/01/08 ALL OWNED AUTOS BODILY INJURY A SCHEDULED AUTOS IF-P"Zow X HIRED AUTOS BODILY INJURY 8 X NON-OWNER AUTOS I. ucncleral ! PROPERTY DAMAGE I J IPa nccd—t) GARAGE LIARIL/TY AUTO ONLY-EA ACCIDENT ANY AUTO EA ACC 5 OTHER THAN --I AUTO DNLY_ AGG S _ EACH OCCURRENCE 8 I EXCESS LIABILITY � OCCUR � CLAIMS MRDE AGGREGATE S S DEDUCTIBLE 8 RETENTION f 9 WORKERS COMPENSATIONAAp FOR I IMIT! OTH- A EMPL pYER$'LJARILITY T Y l T 54 SBM TS7856 06JO1107 06/01108 E.LEACHACCIDENT $I 00�0, O�OO E.L DISEASE-EA EMPLOYEE S l, O Q O, D O O E1.DISEASE•POLICY LIMIT $ 000, 000 I OTHER DESCRIPT/ON OF OPERA TIONS/LOCA T13AQNEH/CLES/EXaVS/ONS,AWW BY END ORSEMENT)SPECJAL PRONSk1w Those usual to the Insured's Operations_ Certificate holder is an Additional Insured per the Business Liability Coverage. Form SS00449a attached to the policy_ CERTIFICATE HOLDER A ADDITbNA1AVSUREO.awRERLETTER A CANCELLATION T I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL The City Of Kent 30 DAYS WRITTEN NOTICE(10 DAYS FOR NON-PAYMENT)TO THE CERTIFICATE Public Works HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO 9 t}1 Ave- $_ OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS220 AGENTS OR REPRESENTATIVES_ Kent WA 98032 AUTRORQfD REPRESENTATNE ACORD 25-S (7/97) 0 ACORD CORPORATION 1988, 56 This SpectrumPoiicy consists ctlhe Ueciarauons,i-uveiout;, ---- - - 7 B ether Forms and EndorCements issued to be a sari of the Policy_This insurance is provided by the insurance TS company of fie Hartford Insurance Group shown below_ 56 SEM INSURER: HARIFC)RD CAJUHLTY iA7JvaANCE `omi')' y UARTFDRD PLAZA, RAI?TRORDT , CT D6115 COtAPANY GTE:3 Policy lJs m-ber. 54 SB]4 TS7B56 54 TiE H-ARj r r_u I KUTA PC)U(;Y DE�.i ARAP 1-it'd CDT,, ����� -, Named Insured and Mailing Address: ,aASDN ENGINEERING & CONSULTING V Q'T C C T117r( o_ Street, To.wn.wC +e,7p CDde\ ^ PO BOX 161 AUBURII WA 98071 o Policy Period: From 06/D1/D7 To D6/01JD8 1 YEAR ID 12:01 a.m., Standardtime at your mailing address shown above.Exception: 12 noon in New Hampshire. m Name of AgentlBroker: MARSH ADVANTAGE AMERICA/PBS Code: 543148 o P:�:'iQL'S pCtiCv U�xnhnr 54 SBM TS7B56 o s 0 o Named Insured is: CORPORATION _y Audit Period: NON-AUDITABLE _ Type of Property Coverage: NONE Ins urance Provided;In return for the payment of the premium and subject to all of the terms of this policy,we agree with you to prowde insurance as stated in this policy- TOTAL ANNUAL PREMIUM IS: $35o MP IN RECOGNITION OF' THE MULTIPLE COVERAGES INSURED WITH THE HARTFORD, YOUR j POLICY PREMIUM INCLUDES AN ACCOUNT CREDIT- Countersigned Countersigned by Date Authorized Representative Form SS OQ 02 11 93T Printed in U.S A. (iJS) Page D01 (CONTINUED ON NEXT PAGE) - 04/16/07 - Policy Expiration Date: 06/01/08 Process Date. I)W COPY SPECTRUM POLICY DECLARATIONS (Continued) 57 -- _� C rOLt:.s i`1C.1'r4^��.c.: Br'a i57a�6 Locationts), BuildinQ(s),Business of famed insured and Ssnedule Gf EvVaTagns icr prPrnises as designated l y Location: DOI BWdira: DOI 33402 147TH AVE SE AUBURN YEA 9 B D 92 Description of Business: ENGINEERS & ENGINEERING SERVICES Deductible: NO COVEPU GE BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE BUILDING ND COVERAGE i BUSINESS PERSONAL PROPERTY REPLACEMENT COST NO COVERAGE PERSONAL PROPERTY OF OTHERS REPLACEMENT COST- NO COVERAGE MONEY AND SEC MITIES INSIDE THE PREMISES NO COVERAGE OUTSIDE THE PREMISES NO COVERAGE Form SS 00 02 11 93 T Printed in U.S.A.(NS) Page 002 (CONTINUED ON NEXT PAGE) Process Date: 04/16/07 Policy Expiration Date: 06/Ol/08 SPECTRUM POLICY DECLARATIONS (Continued) i POLICY NUW1i3ER: 54 a5i3 157E56 58 Sr iS!NESS! !A}�S!L'.TY ■err r Iri TUR •r/�E .- .. .... ,X.ie L#fr##F�ul`i}T�vRKlC1.iL LIABILITY AND MEDICAL E:FENSES $2,ODD,ODD MEDICAL EXPENSES-ARY ONE PERS014 $ 10,ODD r+ Op14A A4D. nm#[DT.1 #5i/"G#f.t}i#IIV t7 nnn nc'a rGA VIYML M#VL KLYL �, �tC�i•�wv��♦ yam-,vv , DAMAGES TO PREMISES RENTED TO YOU $ 300,DOD d ANY ONE PREMISES CYN AGGREGATE LIMITS r} _ PRODUCTS-COMPLETED OPERATIONS $4,ODD,DOD ico '21 GENERAL AGGREGATE $4,ooD,DDD 0 }rr EMPLOYMENT PRACTICES LIABILITY co M COVERAGE: FORM SS 09 Dl E� `' EACH CLAIM LIMIT $ 5,DOD o 0 o DEDUCTIBLE-EACH CLAIM LIMIT NOT APPLICABLE AGGREGATE LIMIT $ 5,ODD _ RETROACTIVE DATE: 06012006 This Employment Practices Liability Coverage contains claims made coverage_ Except as may be otherwise provided _ herein, specified coverages of this insurance are limited generally to liability for injuries for which claims are first made against the insured while the insurance is in force. Please read and review the insurance carefully and discuss the Fcoverage with your Hartford Agent or Broker. The Limits of Insurance stated in this Declarations will be reduced, and may be completely exhausted, by the payment of "defense expense" and,in such event, The Company will not be obligated to pay any further "defense expense" or sums which the insured is or may become legally obligated to pay as'damages'. BUSINESS LIABILITY OPTIONAL COVERAGES HIRED/NON-OWNED AUTO LIABILITY $2,000,000 FORM: SS 01 70 EMPLOYERS LIABILITY AND STOP GAP BODILY INJURY BY ACCIDENT EACH ACCIDENT $1,000,000 BODILY INJURY BY DISEASE EACH EMPLOYEE $1,000,ODD BODILY INJURY BY DISEASE POLICY LIMIT $1,DOD,000 APPLICABLE TO LOCATIONS IN THE FOLLOWING STATE(S) WASHINGTON Form SS 00 02 11 93 T Printed in U.SA. (NS) Page 003 (CONTINUED ON NEXT PAGE) Process Date: 04/16/07 Policy Expiration Date: 06/01/D8 SPECTRUM POLICY DECLARATIONS (O0ntinLlc-d) 59 POLICY NUMBER: =g SEM TS7656 DDITIOHAL INS°JP,EDS: THE FOLLL Wi1EG ARE ADDi T 1014AL iNSUR DS FOP,E`,l MESS LIABILITY COVERAGE IN THIS POLICY. LOCATION_ 001 BUILDING: 001 TYPF: PMS0Nf0gGgN17 XT10V NAME: SEE FORM IH 12 00 Form SS 00 02 11 93 T Printed in U.S-A. (NS) Page 004 (CONTI NUED ON NEXT PAGE) Process Date: 04/19/07 policy Expiration Date: 06/01/08 ■ SPECTRUM POLICY DECLARATIONS (continued) 60 POLICY NUMBER: 54 Sr74 7S75=_ r-) 0 H �n 0 Form Numbers of Forms and Endorsements that apply: SS 00 D1 04 93 SS DO 05 04 05 SS 00 08 D4 05 SS 01 28 06 03 SS 01 70 06 01 SS 01 85 11 93 SS 41 02 04 05 SS D5 06 04 05 SS 05 47 09 01 SS 50 04 06 D4 SS 09 01 09 00 SS 09 25 04 9B SS 09 42 07 99 SS 10 04 09 98 SS 50 30 06 03 SS 83 76 02 06 SH 12 00 11 85 ADDITIONAL INSURED - PERSON-ORGANIZATION Form SS 00 02 11 93 T Printed in U.SA (NS) Page 005 Process Date: 04/16/07 Policy Expiration Date: D6/o1(oB POLICY NLIMBER:54 Sai TS7856 fly 61 THCS ENDORSEMENT CHANGES THE POLIM PLEASE READ ii CAREFULLY. ADDITIONAL INSUPM - PEF.SON-OPGANIZI TIviv CITY OF KENT PLTBL•IC WORKS 220 4TH AVE S KENT WA 98032 Form IH 12 00 11 85 7SEQ.NO. 002 Printed in U.S.A. Page 001 Process Date: 04/16/07 Era:motion Date: 06/01/08 UW COPY I �A►CORP. CERTIFICATE OF LIABILITY INSURANCE I /2 si2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA71ON i Stanford lnsurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 32015 First Ave.S. 1 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SELC.M. : i Federal tray,WA 98003-570 �INSOREP,S AFFORDING COVERAGE �l NAIC# _ INSURED INSURER A CNA Insurance Company fNttIRER B ����111 Jason Engineering & Consulting Business, Inc INSURER c PO BOX 181 - INSURER D- _ Auburn,,WA 98092 INSURER E- COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ,lAY PERTAlIN,T HP;!4SURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD' POLICY EFFECTIVE POLICY EXPIRATION TR IN oc c RA POLICY NUMBER q MM! A7 MM K LIMITS GENERAL LIABILITY 1 ) I EACH OCCURRENCEDAMAGE o II$ NT COMMERCIAL GENERALUABILITY PP E PREMISES EaoccuFence i S CLAIMS MADE L_I OCCUR MED EXP(Arty«Ie person) $ __ PERSONAL 6 ADV INJURY $ GENERAL AGGREGATE $ OOLICT M;-OLICYF—l L AGGREGATE LIMIT Af�LiES PER pR S-COMPIOP AGG S JECT PRO- LOC I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea acodenq S ALL OWNED AUTOS BODILY INJURY $ I ' SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ (Per amdenl) NON-OWNED AUTOS PROPERTY DAMAGE S ( (P*(aCpdeM) _ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT g ANY AUTO OTHER THAN EA ACC S ± AUTO ONLY AGG S EXCESStUMBRELLA LIABILITY EACH OCCURRENCE S _ OCCUR CLAMS MADE AGGREGATE $ S�_^ DEDUCTIBLE $ RETENTION S $ WC STATU• I IOTH- WORKERS COMPENSATION AND y1 IT EMPLOYERS•LIABILITY E L EACH ACCIDENT $ ANY PROPRIET11ITNER/EXECIITNE OFFICERIMEMBER EXCLUDED? £1 DISEASE-EA EMPLOYEE S ` If yes,deribe under _ SPECI scAL PROVISIONS below E L DISEASE-POLICY LIMIT S OTHER I $1.000,000 Per Claim A MCH288253318 10112/2007 10/12/2006 Professional Liability $1,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS Y VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS EVIDENCE ONLY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 220 4th Ave SO_ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ! •>' ACORD 25(2001/08) ©ACORD CORPORATION 1988 ( 63 I� IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed_A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing imurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. I I ' 1 ACORD 25(2001/08) Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6K 1. SUBJECT: JASON ENGINEERING CONSULTANT AGREEMENT, 4TH AVENUE AND CLOUDY STREET IMPROVEMENTS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the 4th Avenue and Cloudy Street Improvements Consulting Contract with Jason Engineering & Consulting Business, Inc. in the amount of $104,500, upon concurrence of the final terms and conditions by the City Attorney and the Public Works Director. The City is contracting for various street, sidewalk, utility and signal work on 4th Avenue North from James Street to Cloudy Street. It is industry standard to have experts in concrete asphalt and other construction materials to provide consultant services to verify material quality and quantity as well as to assist in the placement and inspection of those materials. This specialized expertise is not available from City personnel. 3. EXHIBITS: Public Works memo dated 2/27/08 and Consultant Contract 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $104,500.00 Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: r 65 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 00< KEN T Fax: 253-856-6500 ' ______ WAS H_I N GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 27, 2008 To: Chair Deborah Ranniger, and Public Works Committee Members PW Committee Meeting Date: March 3, 2008 From: Peter Tenerelli, Construction Manager Through: Larry Blanchard, Public Works Director Subject: 41" Avenue & Cloudy Street Improvements — Consultant Contract with Jason Engineering & Consulting Business, Inc. Move to recommend authorization for the Mayor to sign the 41h Avenue & Cloudy Street Improvements, Consulting Contract with Jason Engineering & Consulting Business, Inc. in the amount of $104,500.00, upon concurrence of 1 the language therein by the City Attorney and the Public Works Director. Background/Summary: The City of Kent is contracting for various street, sidewalk, utility and signal work on 4tn Ave North from James Street to Cloudy Street. It is industry standard to have experts in concrete, asphalt and other construction materials to be on-call to provide consultant services to verify quality and quantity as well as assist in the placement and inspection of such materials. This expertise is not available from City of Kent personnel. City personnel (Senior Inspectors/Owner's Representatives) will direct and monitor Ithe extent of the work of this consultant and assist in those inspection items that do not require the level of expertise, certifications and laboratory analysis required to complete this project. �I U W IVCnnnnate 1A,tro Pag,l200M03 03 08 do, • 66 1-17KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Jason Engineering & Consulting Business, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071, Phone: (206) 786-8645/Fax: (253) 833-7316, Contact: Jason Bell (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 testing and inspection services for the 4th Avenue & Cloudy Street Improvements Project. For a description, see the Scope of Work which is attached and incorporated by this reference. I 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 December 31, 2008. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Four Thousand, Five Hundred Dollars ($104,500.00) for the i 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 CONSULTANT SERVICES AGREEMENT - 1 (Over-!�10,000) effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 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. CONSULTANT SERVICES AGREEMENT - 2 (Over�10,000) 68 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 C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. 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 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 CONSULTANT SERVICES AGREEMENT - 3 (Over-�910.000) bringing such claim or lawsuit, in addition to any other recovery or award provide89by law; f provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be 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: I l�By. (signature) By. (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (Title) (Title) DATE: DATE: CONSULTANT SERVICES AGREEMENT - 4 (Over t10.000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jason Bell Larry R. Blanchard Jason Engineering & Consulting Business, Inc. City of Kent PO Box 181 220 Fourth Avenue South Auburn, WA 98071 Kent, WA 98032 (206) 786-8645 (telephone) (253) 856-5500 (telephone) (253) 833-7316 (facsimile) (253) 856-65600 (facsimile) APPROVED AS TO FORM: Kent Law Department ' IF-CB-71h F Cl-dy,/T--Ali CONSULTANT SERVICES AGREEMENT - 5 (Over�10.000) 71 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 72 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 73 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 - ' 74 Jason Geotechnicai Eri,ineering Project: 02q-15-2008p 0.11 1__1_"_'_ Peiaii[ing`iti lrcuiri_� A roject:4",Ave&CloudN, I'r_ met , ma . n_— I "� 1�� lu,provei:Betz t-S Leo i407 3025 y T eusi�zess, 4i�c. r ,,o „_,�i;�e,i�ii .x Airai�sis File# p08-011 ' Scope of Services, ExhibitA These rates will apply for the duration of the project and should provide all the testing and inspection requirements for your project:Th Ave&Cloudy Improvements,Kent#07-3025 Attend preconstniction meetings- Provide onsite constiuch n inspection and reconnmendations regarding construction materials as requesled ' Observe placemerit and procedures. Provide density tests to confirm compaction and testing specification requirements. Sample imported material to evaluate and confirm specification requirements. This includes laboratory testing for each material type encountered and/or imported to the site Testing methods will be performed according to current applicable standards. Provide construction management including budget tracking, daily report summaries,field measurements,and pay estimate preparation. .� Provide miscellaneous professional services related to this project as directed by the Construction Manager All of our construction management inspectors are qualified to perform the same tasks as the soils/asphalt/concrete inspector Testing and inspection is typically performed by the same individual. Hours are broken down according to task in the fee schedule- Hourly rates include all test equipment for our services (there are no hidden extra costs involved) A Licensed P E_reviews all reports and computer-generated copies are mailed to all parties on the protect distribution list. The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for all work performed. There are no nuleage charges. There is a minimum charge of 2 hours for any inspection services (weekends are nevi inun 4 hours) and a minimum charge of 2 hours for any professional engineering services performed. " An overtime rate of 15 times the hourly rate will be charge for all work in excess of the normal 8 hour working dav, weekends and le-al holidays_ Equipment & naterials will include equipment used by an inspector the field in the performance of their inspection duties. " Prices are valid through December 31,2008_ Schedule of Fees & Services, Exhibit WSPECTION SERVICES Unit Rate Item Total 1400 Construction Management Inspector $5S_00 per hour $S1,200.00 50 Asphalt Inspection &Monitoring�m/Densometer $5S 011 per hour $2,900 00 50 Concrete Inspection &Monitoring $58 00 per hour $2,900 00 200 Soils hnspection&Monitoring w/Densometer $58 00 per hour $11,600.00 LABORATORN SERVICES Unit Rate Item Total 10 Asphalt,Ignition&Gradation $150 00 each $1,500 00 10 Asphalt,Rice Specific Gravity $85.00 cacti S850.00 40 Concrete,Cylinders $20 00 each $800.00 10 Soil,Proctor(Standard or Nlodifred) S150.00 each $1,500 00 10 Soil,Sieve Analysis with#200 wash $125 Olt each $1,250 00 Estimated PrnlectTotal: $104,500.00 PO 11ox 1S1 Arrbrrrn 6tiA_95071 Pave 2 of 2 Pbonc: i206)-7SF-SF45 Fad- ('S":l 93, -�16 Email:lasoni�"jasnnen,inccr.ti.nirr 75 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS , Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor,their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: , I. Automobile Liability-insurance covering all owned, non-owned,hired and ]eased 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. Conunercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors,products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Connnnercial 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. 76 EY14111BIT C (Continued) 3. Professional Liabilit insurance shall be written with limits no less than 1,000,000 per clair,� and$1,V'04 r'dv' policy agg egate lumit. 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 lnsurance. The City reseives the ri,l-it 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 IL 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 conarnencement 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. ACORD T.I GERTI:�1u EE OF `lAT--tt I.TY 1t�-I IRANCE K of 0 -GOATS V J I nn� THIS CERTIFICATE iS ISSUED AS A MATTER OF)PlFORIOfa I fDW � I'U'PRSH ADVANTAGE hMERICA/PE5 ONLY AND CONFERS NO R:GHTs L't;;iti:HE tEK I: t I ! HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I ( _-43148 : LUO-7I �7(< <U1D'`-LTZr-II2r, tF: c^� pn� r+TnJt7 n�1TERTJc COVERAGEnFFnRpEDBYTHEPOL(CIES6ELOVV I I PO BOx 3301.5 S%�1\T z�NTOTTlp TX 78265 iNStiPERSAFFORD)NGCOVERAGE INSURED 'IAsURERA:gartford Casualty Ins-Co L7JASON ENGINEERI71I & CONSULTING ,hsuRERR: 113USINESS 1 C 1 PO BOX 181 LAUBURN WA 98071 ,,SURERE I COVERAGES THE PQLICIES OF iN$URA)JCELISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE iJ,AY BE ISSUED OR !,A AY ncnT!%- THE!%. .1P,AY.C1AFFORDED BYTHE'rvL1CiES DESCRIBED HEREIN IS SUBJECT i'U ALL THE TERMS,EXCLUSIONS AND CONDITIONS Or S iCP PCL(CIES_ AGGREGATE LIMITS SHDV.N MAY HAVE BEEN REDUCED BY PAID CLAIMS_ I , INSR LTR TYPE OF)N$ZARANfE POUCV NUAIefR DATF IA EFECTIVE F AT r AfA)V Yyt LIN7rS DATE RIM !Y DA IMM/DD/I`Y GEIVCRAL L1AS11/7Y tt11 EACH OCCURRENCE s2 , 000, 000 I A COMMERCIAL GENERALUAKITY 54 SBM TS7856 06/011D7 06/D1/DB FIRE DAMAGEI"Yonrfnc) $30O, 000 DD CLAIMS MADE DECUR MED EXP IAnY—Orion! 5^1f 0, O D D X 1Ju.S. 1 n e S S L IQLJ PERSONAL 6 ADV INJURY SG , D O D, 000 GENERAL AGGREGATE 54, 0 0 D, 000 GEN'L AGGREGATE LIMIT APPUES PER- _ tC��IDUJIMP/OP AGG S4, 0 0 0 1 000 ' POLICY PRCT .& 10C AUTOMOEIILE I1AN)LLTr COM&*,ED SNGLE L:,.i s2, OuD, GuD A ANY AUTO 54 SEM TS7856 06/01107 06/01/08 IEAacoua,u �, , ALL OWNED AUTOS BODR.Y INJURY S I SCHEDULED AUTOS IPH Pl Som a X HIRED AUTOS BODILY INJURY 5 i� X NON-OWNED AUTOS fPa aoodent} ! ' i PROPERTY DAMAGE S GARAGELIARILITY AUTO ONLY-EA ACCIDENT S _ ANY AUTO EA ACC S OTHER THAN � AUTO ONLY: AGG 5 —^{ EXCESSEACH OCCURRENCE S I LIARlL1TY T 1 OCCUR CLAIMS ME AGGREGATE S I DEDUCTIBLE S I RETENTION E ¢ ! WORKERS COMPEVSATjCW WC STATU-AJW OTH- Tom' , A EMPLOYERS""ABILITY T Y I IT 54 SBM TS7856 06/D1107 D6/01f 08 E.LEACHACCIDENT sl, DOD, ODO E.L DISEASE-EA EMPLOYEE ,l, D 0 D, D D 0 E.L DISEASE-POLICY LIMIT 51 000, 0 0 V i' OTHER T_ I DESCR/PTLDN OF C"-RAT/ONSILOCR TIIpNSNENICLES/EXCLUSIOAS ADDED BY ENDORSEMENT/SPECLAL PRO wsloms Those usual to the Insured's Operations. Certificate holder is an Additional Insured per the Business Liability Coverage Form SS00449, attached to the policy, CERTIFICATE HOLDER X ADDITIONALNYSURED iA'SURERLETTER- CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL The City ty of Kent 30 DAYS WRITTEN NOTICE(10 DAYS FOR NON-PAYMENT)TO THE CERTIFICATE Pub 1 i c Wor-k s HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL IMPOSE NO 220 4 th Ave- S, OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES- Kent WA 98032 ALFTHORRFD REPRESENTA7WE ACORD 25-S (7/97) ._ o ACORD CORPORATION 1988' ` I rils Speclrumt-wicy consisls ul uie IJGleiauv.u, 7 6 --tier Forms and Endorsements issued to be a part of the Policy-This insurance is provided by the insurance is corq-lanv of Tie Hanford insurance Grouts shown below- 78 BPIF! ' rucfss� ram- iiyfi«fitt�+ CASUALTY Ii:S'v�3ANIC$ CCur�T`N ()` EAR-,TDR➢ PLAZA, H7=OR.D, CT D6115 C PifRANTY CGUE_3 Policy Number: 54 ST,I4 TS7856 54 THF, Jt'Cl..f Ki1iYf t'V'LII.I ULC.LH[iAI10140 CC'ri RTi ORD r, Named insured andfailing Address: JASON ENGINEERING & C01T5LTLTIIgG el tl2,`p CvCe vJi0ia uj 1]T7CTTTT`CC TtSf` PO BOX 161 AUEURN WA 9 8 071 C) Policy Period: From 06/01/07 To D6/O1jD8 1 YEAR 12.01 a.m., Standardtme at your mailing address shown above.Exception: 12 noon in New Hampshire. m Name of AgentlBroker_ MARSH ADVANTAGE AMERICA_/PHS n Code: 543143 E- Ln c po!;r— 54 SBM TS7B56 o 0 o Named Insured is: CORPORATION Audit Period: NON-ALTDITABLE VType of Property Coverage: NolTZ _ Insurance Provided:in return for the payment of the premium and subject to all of the terms of this policy,we agree with you to provide insurance as stated in this policy- TOTAL ANNUAL PREMIUM IS: $35D rip _ IN RECOGNITION OF THE MULTIPLE COVERAGES INSURED WITH THE EARTFORD, YOUR POLICY PREMIUM INCLUDES AN ACCOUNT CREDIT_ = � 04/16107 Countersigned by Date _ Authorized Representative Form SS 00 02 11 93T Printed in U.S.A. (NS) Page DO1 (CONTINUED ON NEXT PAGE) Process Date: 04/16107 Policy Expiration Date: 06/01/08 UW COPY SPECTRUM POLl.Y DECLARATIONS (Continued) 79 iei LQr-2[Ion(S), But)di t,o f,Business of Na 11--d Snsured-and Schedule Vi Covua-es�^T�� eS aS Clesigna1e6 by Nlumber below_ Location: 001 Building: 001 33402 147TH AVE S€ ALDURN vX 9BD92 ' Description of Business: ENGINEERS & ENGIIZERING SERVICES Deductible: NO COVERAGE BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE ' BUILDING ND COVERAGE BUSINESS PERSONAL PROPERTY REPLACEMENTCOST NO COVERAGE ' PERSONAL PROPERTY OF OTHERS ' REPLACEMENT COST' NO COVERAGE MONEY AND SECURITIES INSIDE THE PREMISES NO COVERAGE ' OUTSIDE THE PREMISES NO COVERAGE (Form SS 00 0211 93 T Printed in U.S.A.(NS) Page 002 (CONTINUED ON NEXT PAGE) Process Date: 04/16/07 Policy Expiration Date: 06/01/08 , SPECTRUM POLICY DECLARATIONS (Continued) POLICY NU46SErc_ 5i S13K TS7656 80 A.r,L„ LIMITS OF IN+3ti ctx.ra._ LIABILITY AND MEMCAL EXPENSES $2,000,000 MEDICAL EXPENSES-ANY ONE:PERSON $ 1O,DD0 AP E Rj ON.A•L A&Nn n`vC T.fJf..A,"J��J URv $2,CC Dn,nnn DAMAGES TO PREMISES RENTED TO YOU $ 30D,D00 ' d ANY ONE PREMISES AGGREGATE LIMITS PRODUCTS-COMPLETED OPERATIONS $4,DOD,ODO m CD GENERAL AGGREGATE $4,000,000 0 EMPLOYMENT PRACTICES LIABILITY co COVERAGE: FORIM SS 09 01 H Ln EACH CLAIM LIMIT $ 5,000 c 0 0 o DEDUCTIBLE-EACH CLAIM LIMIT NOT APPLICABLE AGGREGATE LIMIT $ 5,000 RETROACTIVE DATE: 1)6D12006 1 This Employment Practices Liability Coverage contains claims made coverage_ Except as may be otherwise provided herein, specified coverages of this insurance are limited generally to liability for injuries for which claims are first made against the insured while the insurance is in force_ Please read and review the insurance carefully and discuss the coverage with your Hartford Agent or Broker. The Limits of Insurance stated in this Declarations will be reduced, and may be completely exhausted, by the payment of --- "defense expense' and, in such event, The Company will not be obligated to pay any further -defense expense" or sums which the insured is or may become legally obligated to pay as'damages- BUSINESS LIABILITY OPTIONAL COVERAGES HIRED/NON-OWNED AUTO LIABILITY $2,000,DDO FORM: SS 01 70 EMPLOYERS LIABILITY AND STOP GAP BODILY INJURY BY ACCIDENT ' EACH ACCIDENT $1,000,000 BODILY INJURY BY DISEASE EACH EMPLOYEE $1,0D0,000 BODILY INJURY BY DISEASE POLICY LIMIT $1,000,000 APPLICABLE TO LOCATIONS IN THE FOLLOWING STATE(S) WASHINGTDN ' Form SS 00 02 11 93 T Printed in U.SA (NS) Page 003 (CONTINUED ON NF_XT PAGE) Process Date: 04116/07 Policy Expiration Date: 06/01/08 1 I SPEC i RUMi POLICY DECL_AfiATiCF.S (Pontinued) 81 POLICY NUMBER: 54 SEM iS-7E56 P DDITION IAL MISU ME S: THE FOLLOWING ARE ADDITIONAL INSUREDS FOR 31MINIESS ' E IABILITTI7 COVE to E IN THIS POLIM I LOCATION: OOI BUILDING: D01 TYPE: 1'�72CQN/f�Rf:ANj2 ATT�N; NAME: SEE FORM IR 12 00 - I I I _ I I I I 1 I 1 1 - - I Form SS 00 02 11 33 T Printed in U_S.A_ (NS) Page 004 (CDNTINUED QN NEXT PAGE) Process Date: 04/16/07 Policy Expiration Date: 06/Ol/OB ' SPECTRUM RUM POLICY DECLARATION'S f Continved) 82 P01-ICY Iv UMBER: 54 SER TS7856 CD ID � CD m Ln � CD CD CD Form Numbers of Forms and Endorsements that apply: SS 00 01 04 93 SS 00 05 04 05 SS 00 OB 04 05 SS Ill 26 06 03 �= SS 01 70 06 01 SS D1 85 11 93 SS 41 02 04 05 SS 05 06 04 05 SS 05 47 09 01 SS 50 04 06 04 SS 09 01 09 00 SS 09 25 04 98 SS 09 42 07 99 SS 10 04 09 98 SS 50 30 06 03 SS 83 76 02 06 I A 12 00 11 B5 ADDITIONAL INSURED - PERSON-ORGANIZATION Form SS 00 02 19 93 T Printed in U_SA (NS) Page 005 Process Date: 04/16/07 Policy Expiration Date: 06/0l/08 POUCYNUMSER.S4 SE"ri i57c-56 lay, 83 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ Ri CAREFULLY, ADDITIQNIAL INSURED - PERSCU-CRGANIZ- IGIZ , CITY OF KENT PUBLIC WOxi;S 220 4TH AVE S KENT WA 98032 _ 1 1 _ 1 1 1 1 1 1 1 Form IH 12 00 11 85 TSEQ.NO. 002 Printed in U.S-A. Page 001 1 Process Date: 04/16/07 E::M:�4tion Date. 06/01/08 Uw COPY t ' A VMi4 CERTIFICATE i E OF LIA131LII \ f INSURANCE OP rE;faM/0D/1'Yvr� ) 1 V29/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF iNFOPMA LIN 1 Stanford Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ( 1 HOLDER..THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 32015 First Ave.S. MLI ERTHE C OVERAG E AF FOKUE D BY iriE PCLIC@ES SEL^s�t/. � Federal Way, 1+1+4 08C103-5/u7 INSURERS AFFORDING COVERAGE - INSURED rNsuRER a CNR Insurance Company I 1 rasLER - Jason Engineering & Consulting Business, Inc I NSURERC PO Box 181 INSURERD Auburn,,WA 98092 INSURER E COVERAGES ' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CNDITION OF ANY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSU RANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS StIDWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR IADD'L POLICY EFFECTIVE POLICY EXPIRATION TR ITGENERALLIAB N q POLICY NUMBER AT MM AT MW LIMITS ILITY EACH OCCl1RRENCEIAL GENERALLIABILITY PREMISES EaDAMAGE TO EocauDen e $S MADE11 DCCUR MED EXP(Airy one Pew) SPERSONAL&ADVINJURY S GENERAL AGGREGATE S 1 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPtOP AGG S `_ 1 POLICY PRO-JECT I L� AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO acodenl) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Pe—) ' H1RED AUTOS BODILY INJURY $ wcodeot) NON-OWNED AUTOS (Pa -- PROPERTY DAMAGE S f I (per aadenl) - GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EAACC $ AUTO ONLY AGG EKCESSIUMBRELLA LIABILITY S 1 EACH OCCURRENCE S I OCCUR CLAMS MADE AGGREGATE S _ DEDUCTIBLE $ RETENTION S S WC STATU- OT11- WORKERS COMPENSATION AND I — EMPLOYERS'LIABILITY E L EACH ACCIDENT S ' ANY PROPRIETCIR/PARTNER/EXECUTIVE OFFICERWEMBER EXCLUDED' EL DISEASE-EA EMPLOYEE S It yes,descObe under E L DISEASE-POLICY LIMIT I S SPECIAL PROVISIONS below A OTHER MCH288253318 10/1212007 10/12/2008 $1,000,000 PerClalm Professional Llabllily $1,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS EVIDENCEONLY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 220 4th Ave SO. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION Oft LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent, WA 98032 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE vt- AGORD 25(2001/08} O ACORD CORPORATION 1988 85 -_ E ( IMPORTANT � i i If the certificate holder is an ADDMONAL INSURED,the policy(ies)must be endorsed_A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBR©GA ION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in,ieuaf such endorsement(s)_ ' DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively nr negatively amend,extend or alter the coverage afforded by the policies listed thereon. i i ACORD 25(2001/08) ' Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6L 1. SUBJECT: SANTIAM GOODS AND SERVICES CONTRACT FOR EMERGENCY EQUIPMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Goods and Services Contract with Santiam Emergency Equipment for protective equipment. Santiam is the sole distributor for Securitex/Sperian personal protective equipment. The Fire Department has had a strong working relationship with Santiam for over a decade. The Fire Department requested and received from the Mayor a waiver, pursuant to KCC 3.70.080, of the City's procurement bidding requirements for the purchase of personal protective equipment for 2008. 3. EXHIBITS: Memo from Fire Chief Schneider, Sole Source Authorization, and agreement 4. RECOMMENDED BY: Staff and Public Safety Committee 3/11/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? not to exceed $150,000 Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' FIRE DEPARTMENT Jim Schneider, Fire Chief 1 KENT Phone: 253-856-4300 Wns 1—Toa Fax: 253-856-6300 Address: 24611 1161h Ave SE Kent, WA. 98030-4939 DATE: March 11, 2008 TO: Public Safety Committee FROM: Jim Schneider, Fire Chief 1 MOTION: Authorize Mayor to sign Goods and Services Contract with Santiam Emergency Equipment. SUMMARY: The Fire Department requested and received from the Mayor a waiver, pursuant to KCC 3.70.080, of the City's procurement ordinance for the purchase of personal protective equipment for the year of 2008. iSantiam is the sole distributor for Securitex/Sperian personal protective equipment. We have had a strong working relationship with Santiam for well over a decade. Firefighting clothing needs to be replaced on an ongoing basis due to normal wear and tear, to meet new safety standards and to utilize improved technology. The cost of the replacement exceeds $25,000 each year, and often exceeds $50,000. For 2008 we will be hiring 22 new and replacement firefighters. The anticipated cost of outfitting these new personnel with personal protective equipment is $100,564. As standard practice, equipment is evaluated by Fire Department to insure this criterion is met and that we purchased the most effective product for the tax dollar spent. After an extensive evaluation process the Fire Department has 1 found that the Securitex/Sperian brand continues to meet these criteria. EXHIBIT: Sole Source Authorization (authorization has been signed by Mayor ' Cooke) Goods and Service Agreement between City of Kent and Santiam Emergency Equipment, Inc. (agreement has been reviewed and approved by City Attorney) BUDGET IMPACT: None Kent Council Public Safety Committee ' FIRE DEPARTMENT Jim Schneider, Fire Chief ' Phone: 253-856-4300 KENT Fax: 253-856-6300 W A S H I N G T O N Address: 24611 1161h Ave SE Kent, WA. 98030 February 14, 2008 TO: Suzette Cook, Mayor FROM: Jim Schneider, Fire Chief RE: Single Source Procurement for PPE 1 The Fire Department is requesting a waiver, pursuant to KCC 3.70.080, of the City's procurement ordinance as negotiation with a particular supplier is appropriate due to the specialized needs of the Fire Department. The Kent Fire Department has been extremely diligent in purchasing Personal Protective Equipment (PPE) at the lowest possible price. Protective clothing needs to be replaced on an ongoing basis due to normal wear, to meet new safety standards, and to utilize improved technology. The cost of the replacement exceeds $35,000 each year, and often exceeds $60,000. For 2008 we will be hiring 22 new and replacement firefighters. The anticipated cost of outfitting these new personnel with personal protective equipment is $100,564. Over the last decade the Department has had sole vendor authorization contracts with Santiam Emergency Equipment, Inc. Santiam is the sole distributor for Sperian, the manufacturer of our current protective clothing (bunkers). As a standard practice, bunker gear is evaluated by Kent Fire to ensure that safety criteria is met and that the best product is purchased for the tax dollar spent. After 6 months of field testing several new styles of bunker gear in 2006, the recommendation was made to continue our long-standing relationship with Sperian. 1 The Sperian gear is superior in the areas of abrasion resistance and flame impingement. Also, the gear has an ergonomic cut for more flexibility and range of motion. fThe Fire Department would like to contract with Santiam Emergency Equipment for the purchase of Sperian protective clothing. It is advantageous for the Fire ' Department to purchase one brand of bunker gear. This creates standardization and uniformity. This is better for firefighters who know the abilities and limitations of the gear they wear, and it presents a professional visual appearance to the public. Also, it is much easier to make changes or have supplemental work done when working with one vendor. Memorandum. ' March 12, 2008 Page. 2 ' By this memo, the Fire Department requests that you authorize the Department to enter into direct negotiations with Santiam Emergency Equipment for the purchase of Personal Protective clothing. If you approve of the Fire Department's request for a waiver of the City's procurement policies, please note your approval by signing below. Thank you. ------------------------------------------------------------------ Suzette Cooke, Mayor Date 1 i KENT W A 5 H I N G T O N GOODS & SERVICES AGREEMENT between the City of Kent and Santiam Emergency Equipment THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Santiam Emergency Equipment, Inc. organized under - the laws of the State of Washington, King County, located and doing business at P.O. Box 13585, Salem, OR, 800-771-8041, Dave Lindenmuth (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: During the term of this Agreement, the City will order bunker gear on an as-needed basis, which includes Vendor's Securitex UltraMotion Coat with a customized removable name panel, identified by item number SE - S250VZ8, and Vendor's Securitex UltraMotion Pant, identified by item number SE - S350VZ8. The cost charged to the City for each Securitex UltraMotion Coat purchased shall be $967.08. 1 For larger coat sizes, however, the following additional amounts of the base purchase price shall be assessed: an additional 10% shall be assessed for coat sizes 54-56, an additional 15% shall be assessed for coat sizes 58-60, and an additional 20% shall be assessed for coat sizes 62-66. 1 The cost charged to the City for each Securitex UltraMotion Pant purchased shall be $671.20. For larger pant sizes, the following additional amounts of the base purchase price shall be assessed: an additional 10% shall be assessed for pant sizes 48-50, an additional 15% shall be assessed for pant sizes 52-54, and an additional 20% shall be assessed for pant sizes 56-58. For those pants which require an inseam in excess of 32 inches, an additional 10% of the base purchase price shall be assessed. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. ' II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2008. iGOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $150,000.00, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts ' according to the following schedule: Vendor will be paid (net 30 days) through purchase order after the bunker gear has arrived and been invoiced. Vendor should submit invoices to City of Kent / Fire Department, Attn: Accounts Payable, 220 4th Ave S., Kent, WA 98032. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent , Contractor-Employer Relationship will be created by this Agreement and that the Vendor has the 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an 1 amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 1 S. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment 1 for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. 1 GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, ' interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When ' defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor 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 Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF 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. ' XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or 1 relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. 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 hereunder shall become effective three (3) business days after the 1 date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 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 Vendor. 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 Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by 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. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Battalion Chief Mike Scott Santiam Emergency Equipment, Inc. City of Kent P.O. Box 13585 220 Fourth Avenue South Salem, OR 97309 Kent, WA 98032 503-540-8717 (telephone) (253) 856-4300 (telephone) 503-364-2179 (facsimile) (253) 856-6300 (facsimile) APPROVED AS TO FORM: GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) Kent Law Department [In this Feld,you may enter the electronic f lepath where the contract has been saved] r 1 1 1 1 i i GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) 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. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 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 of 3 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 of 3 Kent City Council Meeting Date March 18 2008 Category Consent Calendar-6M 1. SUBJECT: FIRE INVESTIGATIONS AGREEMENT WITH CITY OF COVINGTON - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Interlocal Agreement between the cities of Kent and Covington relating to Fire Investigations. Kent will perform the following services for Covington: origin and cause fire investigations; criminal investigations limited to arson and other related crimes; and pro-active techniques to reduce arson occurrence. Covington will pay Kent an hourly rate of $112 per hour. Annual adjustments will be made in January of the following year to reflect the actual costs of providing services during the previous year. 3. EXHIBITS: Memo by Fire Chief Schneider and Interlocal Agreement 4. RECOMMENDED BY: Staff and Public Safety Committee 3/4/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? $10,050 Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: FIRE DEPARTMENT • Jim Schneider, Fire Chief KENT Phone: 253-856-4300 Fax: 253-856-6300 Address: 24611 1161h Ave SE Kent, WA. 98030-4939 DATE: March 11, 2008 TO: Public Safety Committee FROM: Jim Schneider, Fire Chief MOTION: I move to recommend placing the renewal of the Interlocal Agreement Between the Cities of Kent and Covington Relating to Fire Investigations on the Consent Calendar of March 18, 2008 Council Meeting and authorizing the Mayor to sign the agreement. SUMMARY: This is a renewal of a previous Interlocal agreement that was signed 3 years ago. The purpose of this Agreement is to establish the framework to effectuate Covington's desire to have Kent perform fire investigations. To that end, Kent hereby agrees to perform for payment the following services for Covington: Origin and Cause Fire Investigations; Criminal Investigations limited to arson and other related crimes; Pro-active techniques to reduce the occurrence of arson. In consideration of this Agreement and the services provided, Covington will pay Kent an hourly rate of $112.00 for each hour of work performed by Kent. Annual adjustments will be made in January of the following year to reflect the actual costs of providing services during the previous year. ' This Interlocal Agreement has been reviewed and approved by the attorney's office. EXHIBIT: Interlocal Agreement Between the Cities of Kent and Covington Relating to Fire Investigations. BUDGET IMPACT: Estimated revenue of $ 10,050 Kent Council Public Safcty Commatcc March 11,2009 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF KENT AND COVINGTON RELATING TO FIRE INVESTIGATIONS THIS INTERLOCAL AGREEMENT, hereinafter "Agreement", is entered into between the CITY OF KENT, hereinafter "Kent", and the CITY OF COVINGTON, hereinafter "Covington". WHEREAS, Kent and Covington are public agencies as defined by Ch. 39.34 of the Revised Code of Washington ("RCW"), and are authorized to enter into interlocal agreements on the basis of mutual advantage and thereby to provide services and facilities in the manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs of local communities, and WHEREAS, Kent's Fire Department maintains a fire prevention division that regularly conducts fire investigations; and WHEREAS, Covington desires to utilize the resources of Kent to assist Covington in conducting fire investigations; and WHEREAS, Covington has agreed to compensate Kent for conducting such fire investigations, and WHEREAS, Kent and Covington find the working relationship established under the original interlocal agreement to be mutually beneficial to both parties and wish to continue this relationship; NOW THEREFORE, in consideration of the terms and provisions contained herein, it is agreed between Kent and Covington as follows. 1. Purpose It is the purpose of this Agreement to establish the framework to effectuate Covington's desire to have Kent perform fire investigations To that end, Kent hereby agrees to perform for payment the following services for Covington- 1.1 Origin and Cause Fire Investigations; 1 2 Criminal Investigations limited to arson and other related crimes, 1.3 Pro-active techniques to reduce the occurrence of arson 2. Administration of Agreement. To carry out the purpose of this Agreement, a two-person board is hereby created to administer this Agreement. The board shall consist of the Fire Chief for the City of Kent Fire Department, and the City Manager or Chief of Police for the City of Covington The board shall meet no less than one time per year to discuss the performance of the obligations of Kent and Covington pursuant to this Agreement. The board may, at its discretion and by mutual agreement, develop policies and procedures to aid in the implementation of this Agreement 3. Investigations. 3.1 Origin and Cause Fire Investigations. Origin and cause investigations shall be performed in accordance with the Kent Fire Investigation Unit Policy and Procedures. Furthermore, investigations will follow the recommended procedures as outlined by the State of Washington Certified Fire Investigator program. Origin and cause determinations shall fall into the following categories; Accidental, Incendiary, Natural, and Undetermined. The investigation of the origin and cause of a fire shall be conducted in a timely manner, and all reports and documentation that are produced as a result of the investigation shall be prepared in a timely manner Reports and documentation produced during an investigation shall be maintained by Kent for a period of seven (7) years in accordance with Kent's record retention policy. Any evidence gathered during a criminal investigation shall be maintained by the Kent Police Department in accordance with Kent policies and procedures relating to the retention of evidence of other crimes. 3.2 Criminal Investigations. In the event of an Incendiary fire cause, the Kent Fire Investigation Unit shall ' conduct an appropriate criminal investigation to include evidence collection, witness interviews, follow-up documentation, suspect interrogations, and suspect arrest when probable cause exists. In the event that it is determined that the incident originated as a result of an explosive device, a King County Sheriff's Office Bomb Disposal Unit Detective will be called and a cooperative or parallel investigation will be conducted. Every effort shall be made to have a uniformed Covington Police Officer present when effecting arrests in the City of Covington All proper documentation shall be completed for the filing of criminal charges as per the King County Prosecutor Filing Guidelines. 3.3 Proactive techniques to reduce the occurrence of arson. The Kent Fire Investigation Unit recognizes that by taking a proactive stance to combat arson, many smaller arson fires may be prevented before larger fires are caused, Therefore, the Fire Investigation unit will employ proven techniques used to identify arson offenders. These include, but are not limited to, conducting surveillance, pin mapping, and intelligence gathering when appropriate and in accordance with applicable laws. 3.4 Information The Kent Fire Investigation Unit will make every attempt to keep the Police Chief of Covington informed as to the status of all fires that occur in the City of Covington by providing a monthly report, in a form agreed upon by the Police Chief, by the 5th of the following month. The report will include the following information- - 2 - _ 3 4.1 Case Numbers, 3.4.2 Location; 3 4 3 Cause; 344 Brief Summary; 34.5 Disposition; 3 4 6 Involved individuals; and 3 4 7 Change in status of any existing case. Furthermore, an annual report will be completed before February 1 of the following year which describes the Fire Investigations that have taken place the previous year and submitted to the City of Covington by February 15. 4. Duration. This Agreement shall become effective on the last date this Agreement is ratified by the legislative body of Covington and the legislative body of Kent Unless terminated by either party pursuant to the terms of this Agreement, this Agreement shall remain in full force and effect for 3 years from the effective date This Agreement may be extended by mutual written agreement of the parties subject to the ratification of such extension by the legislative body of each city 5. Payment to Kent. In consideration of this Agreement and the services provided, Covington will pay Kent an hourly rate of $112 00 for each hour of work performed by Kent in the first year of the contract In subsequent years, Covington will pay Kent an hourly rate of agreed to in December for the following year's work for each hour of work performed by Kent Each hour shall be divided into fifteen (15) minute increments, or four (4) units Covington shall pay for each fifteen (15) minute increment, which shall be rounded to the nearest fifteen (15) minute increment Covington shall be required to pay Kent regardless of whether Covington is paid or collects fees for investigations that involved the work of Kent 5.1 Payment Structure. 51 1 Annual Adjustment Annual adjustments will be made in January of the following year to reflect the actual costs of ' providing services during the previous year to ensure that- (1) Kent is paid at the established hourly rate as set forth above, and (2) Covington does not pay Kent for more than the actual number of hours that Kent performs work under the Agreement The annual adjustment will be based upon the actual hours of work performed by Kent as presented in its quarterly statements submitted to Covington pursuant to section 5 2 below 51 2 Reconcaliation of Estimated Hours vs. Actual Hours If, as of December 31 of the contracting year, Kent has performed fewer than the estimated hours of service during that calendar year, Covington will receive a credit equal to the established hour rate multiplied by the number of hours for which Kent has not performed work. If, as of December 31 of the contracting year, Kent has exceeded the estimated hours during that calendar year, Covington will - 3 - receive a debit equal to the number of hours in excess of the estimate multiplied by the established hourly rate. Credits and debits will be reconciled by applying one fourth of the credit or debit amount to each of the next four (4) quarterly payments 5.2 Billing Statement. Kent will submit a quarterly statement to Covington that will contain the following information in a form agreed upon by the board: 5.2 1 Incident Address; 52.2 Whether the case was determined to be accidental or criminal; 5.23 Hours of work; and 5.2.4 Fire department case number 5.3 Billing Statement Dispute. In the event that there is a dispute regarding the amount of money owed by Covington to Kent, staff shall make every effort to resolve such dispute If staff can't resolve the dispute, the board and Council shall make every effort to resolve such dispute. In the event that there is no resolution to the dispute, the disputed amount shall be placed into the registry of the King County Superior Court until the dispute is resolved by agreement of the parties or in a court with jurisdiction over the subject matter of the dispute. 5.4 Reconciliation of Amount Due After Termination or Expiration. Within thirty (30) days of the effective date of this Agreement's expiration or earlier termination, Kent shall submit to Covington a statement as described in subsection 5.2 of this Agreement for the past quarter or part thereof Within thirty (30) days of submitting the statement, the parties shall reconcile the account and determine how much money Covington owes to Kent for unpaid services or Kent owes to Covington for services that have been paid for but not provided Final payment and settlement of accounts shall occur within ninety (90) days of the effective date of termination of the Agreement. 6 Ownership of Property. The parties to this Agreement do not contemplate the acquisition of any property to carry out the purposes of this Agreement Any property owned by Kent shall remain the property of Kent, and any property owned by Covington shall remain the property of Covington 7. Termination. 7.1 Termination by Notice. This Agreement may be terminated by either party upon it providing the other party with 180 days advance written notice of such termination. 7.2 Termination by Mutual Written Agreement. This Agreement may be terminated at any time by mutual written agreement of the parties - 4 - 7.3 Termination for Breach. Kent may terminate this Agreement with fourteen (14) days advance written notice upon the failure of Covington to make payments as required by this Agreement Covington may terminate this Agreement upon fourteen (14) days advance written notice in the event Kent fails to provide services as required in this Agreement except disputes handled per Section 5 3. 8. Indemnification and Hold Harmless. Covington agrees to defend, indemnify, and hold harmless Kent and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or tortious actions or inactions by Covington or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement All costs, including but not limited to attorneys fees, court fees, mediation fees, arbitration fees, settlements, awards of compensation, awards of damages of every kind, etc , shall be paid by Covington or its insurer This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that ' this interlocal Agreement is not enforceable Kent agrees to defend, indemnify, and hold harmless Covington and each of its employees, officials, agents, and volunteers from any and all losses, damages, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or tortious actions or inactions by Kent or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement All costs, including but not limited to attorneys fees, court fees, mediation fees, arbitration fees, settlements, awards of compensation, awards of damages of every kind, etc , shall be paid by Kent or its insurer This provision shall survive the expiration or earlier termination of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this interlocal Agreement is not enforceable IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES EACH PARTY'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY TO CARRY OUT THE PURPOSES OF THIS INDEMNIFICATION CLAUSE. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 9. Insurance. Kent 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 Kent, its agents, representatives, or employees. No Limitation Kent's maintenance of insurance as required by the agreement shall not be construed to limit the liability of Kent to the coverage provided by such insurance, or otherwise limit the Covington's recourse to any remedy available at law or in equity 1 - 5 - 9.1 Minimum Scope of Insurance. Kent shall obtain insurance of the types described below- 91 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 9.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. Covington shall be named as an insured under the Kent's Commercial General Liability insurance policy with respect to the work performed for Covington. 91.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. ' 9.1.4 Professional Liability insurance appropriate to Kent's profession 9.2 Minimum Amounts of Insurance. Kent shall maintain the following insurance limits. 92.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, , $2,000,000 general aggregate. 9.2.3 Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance. 9 3 1 Kent's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by Covington shall be excess of the Kent's insurance and shall not contribute with it. 9.3.2 Kent'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 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A M Best rating of not less than A-VII 9.5 Verification of Coverage. Kent shall furnish Covington with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing Kent's insurance requirements before commencement of the work. 10. Miscellaneous. 10.1 Non-Waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect 10.2 Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute ' resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the parties' right to indemnification under this Agreement ' 10.3 Assignment. Any assignment of this Agreement by either party without the prior 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 The parties recognize that Kent may enter additional interlocal agreements with other government agencies for the performance of the work called for in this Agreement. The parties also recognize that Kent may become a party to an interlocal agency in conjunction with other south county municipalities for the purpose of performing the work called for in this Agreement. Covington agrees that by signing this Agreement, the performance of the work called for in this Agreement may be performed by an interlocal agency in which Kent is a party, and that investigators who are employed by jurisdictions other than Kent which are a party to that other interlocal agreement may perform the work called - 7 - for in this Agreement, provided that all other terms of this Agreement shall apply to the performance of the work in Covington 10.4 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 each party and subject to ratification by the legislative body of each City. 10.5 Compliance with Laws. Each party agrees to comply with all local, federal and state laws, rules, and regulations that are now effective or in the future become applicable to this Agreement. 10.6 Entire Agreement. The written terms and provisions of this Agreement, together with any exhibits attached hereto, shall supersede all prior communications, negotiations, representations or agreements, either verbal or ' written of any officer or other representative of each party, 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 exhibits are hereby made part of this Agreement Should any of the language of any exhibits to this Agreement conflict with any language contained in this Agreement, the language of this document shall prevail 10.7 Severability. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudicated. 10.8 Interpretation. The legal presumption that an ambiguous term of this Agreement should be interpreted against the party who prepared the Agreement shall not apply. 10.9 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 upon personal service or 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. - 8 - IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. COVINGTON: KENT: CITY OF COVINGTON CITY OF KENT: By. By- (signature) Print Name Derek M Matheson Print Name Suzette Cooke Its City Manager Its Mayor (Title) DATE DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Derek M Matheson, City Manager Jim Schneider, Chief City of Covington City of Kent Fire Department 16720 SE 2715t Street, Suite 100 220 Fourth Avenue South Covington, WA 98042 Kent, WA 98032 (253) 638-1110 (telephone) (253) 856-4300 (telephone) (253) 638-1122 (facsimile) (253) 856-6300 (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: Amy Jo Pearsall, Arthur "Pat' Fitzpatrick, City Attorney Deputy City Attorney P\Civil\ATTORNEYS\Pat\CovingtonArsonLlvcStig,LtionslLA doe Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6N 1. SUBJECT: HOMELAND SECURITY SUB-GRANT FOR ZONE COORDINATOR - ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the King County Office of Emergency Management Homeland Security Sub-grant. The Emergency Management Division received a reimbursable grant not to exceed $100,000 from the King County Office of Emergency Management. The monies are to be used for reimbursement, as identified in the Grant Application Proposal, to provide a Zone Coordinator to assist in the continued growth of existing discipline groups, resource management and essential planning expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Zone 3 Emergency Management Directors and the Regional Disaster Plan. 3. EXHIBITS: Grant application proposal and sub-grant agreement 4. RECOMMENDED BY: Staff and Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT ' Expenditure? up to $100,000 Revenue? up to $100,000 Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' FFY07-SHSP-002 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT ' SUB GRANT AGREEMENT NUMBER: FFY07-SHSP-002 PROJECT TITLE: Zone 3 Emergency Management Coordinator THIS AGREEMENT is made and entered into by and between King County and the City of Kent, hereinafter "Subgrantee", for the express purposes set forth in the following provisions of this Agreement. It is understood that funding for this Agreement has been granted to King County by the United States Department of Homeland Security (DHS) through the Washington State Military Department, Emergency Management Division (EMD). The funding source of the grant is the FFY07 State Homeland Security Program (SHSP) Catalog of Federal Domestic Assistance (CFDA) # 97.067, State Contract# E08-196. Neither the DHS nor the Federal Government shall be a party to any subagreement nor to any solicitations or request for proposals. This Agreement shall be subject to the applicable grant contract between DHS and EMD and the subgrant contract between EMD and King County. The Subgrantee agrees not to perform any act, fail to perform any act, or refuse to comply with any King County requests that would cause King County to be in violation of the DHS and EMD grant terms and conditions, a copy of which is attached hereto as Exhibit D NOW THEREFORE, King County and the Subgrantee mutually agree as follows: 1. SCOPE OF WORK, BUDGET AND APPROVED EQUIPMENT LIST The Subgrantee will accomplish the work and tasks as set forth in this Agreement including the Scope of Work, (attached hereto as Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C). 2. PERIOD OF PERFORMANCE The period of performance under this Agreement will be from February 7, 2008 to March 31, 2009. All work must be satisfactorily completed, and all invoice reimbursement requests, reports, and deliverables must be submitted to King County Office of Emergency Management, by the end of this Period of Performance. 3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be Alec Chapman - Project/Program Manager II at King County Office of Emergency Management. The Project Manager shall be responsible for monitoring the performance of the Subgrantee, the approval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee. The Subgrantee's representative to this Agreement shall be Dominic Marzano - Assistant Chief/Emergency Manager who will be the contact person for all communications regarding the conduct of work under this Agreement and who will ensure that all terms of the Agreement are met. Page 1 of 37 FFY07-SHSP-002 Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to King County or the Subgrantee at the addresses provided below: If to King County: Alec Chapman King County Office of Emergency Management 3511 N E 2"d Street Renton, WA 98056 PH: (206) 296-3830 / FAX: (206) 205-4056 alec.chapman(cr�kingcounty.gov If to the Subgrantee: Dominic Marzano City of Kent 24611 1161h Ave SE Kent, WA 98030 PH: (253) 856-4316 / FAX: (253) 856-4119 dmarzano(a ci.kent.wa.us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement Agreement and will not to exceed $100,000.00 (One hundred thousand dollars andzero cents)with compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount. The parties may amend this amount by mutual agreement. Compensation for satisfactory work performance shall be payable upon receipt of properly completed Invoice Reimbursement Request, which is available to the Subgrantee at. http:I/www.metrokc. ov/pre�arelhomelandsecurit r�/homelandsecurity subgrant.aspx Invoice Reimbursement Request forms for eligible costs may be submitted no more than monthly and no less than quarterly after expenses have been incurred. Supporting documentation is required for reimbursement of all expenses related to the Scope of Work, Budget and Approved Equipment List in Exhibits A, B and C. Supporting documentation includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled checks, etc. The documentation must also include the date of payment by the Subgrantee to ensure that the work was completed within the subgrant period of performance. When seeking +� reimbursement for equipment, the Subgrantee must also present a Hand Receipt Form. King County may also require the Subgrantee to document that funding governed by this Agreement is not being used to replace or supplant existing programs, staff costs, activities and/or equipment. Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30) calendar days after receipt of properly completed Invoice Reimbursement Request. Payment shall be sent to the address designated by the Subgrantee on the Invoice Reimbursement Request form. King County may, at its sole discretion, withhold payments claimed by the Page 2 of 37 FFY07-SHSP-002 Subgrantee for services rendered if King County has determined that the Subgrantee has failed to satisfactorily comply with any term or condition of this Agreement. King County does not incur liability for any payment to the Subgrantee that is subsequently disallowed by State or Federal granting agencies. King County reserves the right to withhold or recoup payment for work or activities determined by funding agencies to be ineligible for reimbursement. 5. REPORTING REQUIREMENTS Narrative Progress Reports are due on a quarterly basis. This report must include the Subgrantee's progress in implementing the Scope of Work, including any problems encountered and possible cost overruns or under runs. If no progress has been made on the Agreement a report must still be provided quarterly 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review or audit by King County, State or Federal officials as so authorized by law. 7. EQUIPMENT MANAGEMENT & GENERAL PROGRAM REQUIREMENTS A. EQUIPMENT MANAGEMENT All equipment purchased under this Agreement by the Subgrantee will be recorded and maintained in an equipment inventory system. 1. Upon successful completion of the terms of this Agreement, all equipment purchased through this Agreement will be owned by the Subgrantee, or a recognized sub-grantee for which a contract, subgrant agreement, or other means of legal transfer of ownership Is in place. 2 The Subgrantee, or a recognized subgrantee shall be responsible for any and all operation and maintenance expenses and for the safe operation of the equipment, including all questions of liability 3. The Subgrantee shall maintain equipment records that include- a description of the property; the manufacturer's serial number, model number, or other identification number, the source of the equipment, including the Catalogue of Federal Domestic Assistance or CFDA number; who holds title; the acquisition date, the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4 Records for equipment shall be retained by the Subgrantee for a period of six (6) years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained by the Subgrantee until all litigations, claims, or audit findings involving the records have been resolved. 5. The Subgrantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two (2) years. Any differences between quantities determined by the physical inspection and those shown in the Page 3 of 37 FFY07-SHSP-002 records shall be investigated by the Subgrantee to determine the cause of the difference. The Subgrantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Subgrantee shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated which will be submitted to King County Office of Emergency Management. 7. The Subgrantee will develop adequate maintenance procedures to keep the property in good condition. ' 8. If the Subgrantee is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 9. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Subgrantee with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Subgrantee shall compensate the Federal- sponsoring agency for its share. As subgrantees of federal funds the Subgrantee must pass on equipment management requirements that meet or exceed the requirements outlined above for all subgrantees who receive pass-thru funding from this contract. B. GENERAL PROGRAM REQUIREMENTS Subgrantee must adhere to all financial and procurement guidance, including competitive process and other procurement requirements as documented in the Department of Homeland Security (DHS) Financial Guide at: http-//www.dhs.gov/xlibrary/assets/Grants FinancialManagementGuide.pdf Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. • Adhere to Office of Grants and Training requirements that all sole source contracts over $100,000 be reviewed and approved by the King County prior to execution of a contract. This requirement must be passed on to all of the Subgrantee's sub- contractors, at which point the Subgrantee will be responsible for reviewing and approving their sub contractor's sole source justification. • Adhere to Office of Grants and Training requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of$450 per day (excluding travel and subsistence) must be approved by King County before the contract is executed. This requirement must be passed on to all of the Subgrantee's sub-contractors, at which point the Subgrantee will be responsible for reviewing and approving their sub-contractor's contract. No travel or subsistence costs, including lodging and meals, reimbursed under this sub grant agreement may exceed federal maximum rates which can be found at www.gsa.gov. 8. COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. New federal Page 4 of 37 FFY07-SHSP-002 laws, regulations, policies and administrative practices may be established after the date this Agreement is established and may apply to this Agreement. To achieve compliance with changing federal requirements, the Subgrantee agrees to accept all changed requirements that apply to this Agreement and to require compliance with changed requirements in all subcontracts. Failure to comply shall constitute a material breach of this Agreement By entering into this Agreement the Subgrantee agrees to implement the National Incident Management System (NIMS) per DHS requirements as outlined in the 2007 Homeland Security Grant Program Guidelines. The Subgrantee and all its subcontractors shall comply with, and DHS is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies. This obligation includes, but is not limited to, laws, regulations and policies listed in this Agreement. A. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Subgrant, the Subgrantee shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: 1. Nondiscrimination in Employment: The Subgrantee shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. 2. The Subgrantee shall take affirmative action to ensure that employees are employed and treated during employment without discrimination because of their race, color, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment selection for training, including apprenticeships and volunteers. Ref- Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil I Rights Act, as amended, 42 USC § 2000e, section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623; section 102 of the Americans with Disabilities Act, as amended, 42 USC §§ 12101 et seq.; 29 CFR Part 1630; 41 CFR § 60- � 1.4. B. NON-DISCRIMINATION During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. Page 5 of 37 FFY07-SHSP-002 During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.17 or 12.18. The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. During the performance of this Agreement, the Subgrantee, for itself, its assignees and successors-in-interest agrees as follows: 1. Nondiscrimination The Subgrantee, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, creed, gender, disability, age or national origin �, in the selection and retention of subcontractors. The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. Ref: 20 USC §§ 1681 et seq., Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC §§ 12101 et seq. 2. Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations either by competitive proposal or negotiation made by the Subgrantee for work to be performed under a subcontract each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, creed, gender, disability, age or national origin. 3. Information and Reports The Subgrantee shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined to be pertinent to ascertain compliance with such regulations, orders and instructions. The Subgrantee shall maintain all required records for at least six (6) years after King County makes final payment and all other pending matters are closed. 4. Incorporation of Provisions The Subgrantee shall include the provisions of paragraphs A through D of this section in every subcontract, unless exempt by the regulations or directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as King County or DHS may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Subgrantee becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request King County to enter into such litigation to protect the interests of the County, and in addition, the Subgrantee may request the Federal Government to enter into such litigation to protect the interests of the United States. C. AMERICANS WITH DISABILITIES ACT In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor shall comply with the requirements of U.S. Equal Employment Page 6 of 37 FFY07-SHSP-002 Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. The Subgrantee is required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; and, and the following regulations and any amendments thereto, 1. U.S Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35, 2. U.S. Department of Justice regulations, Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36, 3. U.S. General Services Administration regulations, "Construction and Alteration of Public Buildings," 41 CFR Subpart 101-19; 4. U.S. Equal Employment Opportunity Commission (EEOC) "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; 5 U.S Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled", 47 CFR Part 64, Subpart F D. PRIVACY ACT Should the Subgrantee, or any of its subcontractors, or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes information restrictions on the party administering the system of records. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a government function, the Subgrantee and any subcontractors and their employees involved therein are considered to be government employees with respect to the government function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the terms of the Act or this provision of this Agreement shall make this Agreement subject to termination. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement that involve the design, development, operation, or maintenance of any system of records on individuals subject to the Act. E. INTEREST OF MEMBERS OF OR DELEGATES OF CONGRESS Pursuant to 41 USC § 22, no member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom F. DISCLOSURE OF LOBBYING ACTIVITIES Agreements in excess of $100,000 require that a Certification Regarding Lobbying, and Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King County as required by 49 CFR Part 20, "New Restrictions on Lobbying." The Subgrantee certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other Page 7 of 37 FFY07-SHSP-002 award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352. The Subgrantee shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq., who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal Contract, grant or award covered by 31 USC § 1352. Such disclosures are to be forwarded to King County. The Subgrantee shall include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. Ref: 49 CFR Part 20, modified as necessary by 31 USC § 1352. G. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS The Subgrantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to King County in connection with this project, the County reserves the right to pursue the procedures and impose on the recipient the penalties of 18 USC § 1001, 31 USC §§ 3729 and 3801 et seq., and/or 49 USC § 5307(n)(1), as may be appropriate. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. H. ENERGY CONSERVATION The Subgrantee agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq., and 49 CFR Part 18. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. I. ENVIRONMENTAL REQUIREMENTS The Subgrantee agrees to comply with the applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC § 4321 note. Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 et seq. and 40 CFR Part 1500, etseq. J. PREFERENCE FOR RECYCLED PRODUCTS To the extent practicable and economically feasible, the Subgrantee agrees to provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient. Examples of such products may include, but are not limited to, products described in the United States EPA Guidelines at 40 CFR Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 USC § 6962, and Executive Order 12873. K. PATENT RIGHTS If any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States or any foreign country, the Subgrantee agrees to notify King County immediately and provide a detailed report. The rights and responsibilities of the Subgrantee and King County with respect to such invention, improvement or discovery shall be determined in accordance with applicable Federal laws, regulations, policies, and any waiver thereof. Page 8 of 37 FFY07-SHSP-002 Unless the Federal Government later makes a contrary determination in writing, irrespective of the Subgrantee's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, academic institution, individual), the County and the Subgrantee agree to take the necessary actions to provide, through DHS, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 CFR Part 401. The Subgrantee also agrees to include the requirements of this section in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by DHS Ref: 49 CFR Part 19, Appendix A, Section 5 L.. OMB CIRCULARS The Subgrantee shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and t, Local Governments; and A-133, Audits of States, Local Governments, and Non-Profit Organizations. M. SINGE AUDIT ACT Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the U.S. Office of Management and Budget (OMB) (Revised June 27, 2003) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations. Non-federal entities that spend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A- 133. Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an audit, if required. The Subgrantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or subcontractors also maintain auditable records. The Subgrantee must send a letter stating there has been a single audit completed and there were no findings or if there were findings, the letter should provide a list of the findings In addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subgrantee must send this letter to King County no later than nine (9) months after the end of the Subgrantee's fiscal year(s). The Subgrantee shall include the above audit requirements in any subcontracts. N. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY Page 9 of 37 FFY07-SHSP-002 If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subgrantee is providing the signed certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Subgrantee knowingly rendered an erroneous certification, the Federal Government and County may pursue available remedies, including suspension and/or debarment. The Subgrantee shall provide immediate written notice to King County if at any time the Subgrantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any covered transaction with a person or subcontractor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by King County. The Subgrantee shall include the requirement in this section in any subcontracts. 9. AMENDMENTS This Agreement may be amended only by written concurrence of both parties. Amendments to Scope of Work (Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C) will only be approved if the proposed amendment is consistent with State and Federal granting agency rules. Except for changes in Equipment and Salaries & Benefits on the Budget (Exhibit B), up to ten percent (10%) of the total award amount may be shifted between the other approved budget categories and sub categories. For Equipment, Salaries & Benefits or amounts over ten percent (10%), the Subgrantee must submit a written budget amendment request for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieve(s) the goals stated in the Scope of Work (Exhibit A) and falls within the grant requirements. 10. TERMINATION This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. This Agreement may be terminated by either party, in whole or in part, for cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. Reasons for termination for cause may include but not be limited to: material issues of nonperformance misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested documentation. If the Agreement is terminated as provided above, King County will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the Page 10 of 37 FFY07-SHSP-002 effective date of termination. The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement ' or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. Funding under this Agreement beyond the current appropriation year is conditional upon appropriation of sufficient funds to support the activities described in this Agreement. Should such an appropriation not be approved, this Agreement will terminate at the close of the current appropriation year. ' 11. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from any and all actions by the Subgrantee and/or its subcontractors pursuant to this ' Agreement. The Subgrantee shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against King County arising out of or incident to the Subgrantee's execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any ' copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice In the event the County incurs attorney fees and/or costs in the defense of claims within the scope of the paragraph above, such attorney fees and costs shall be recoverable from the Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its attorney fees, and costs incurred to enforce the provisions of this section. 12. INSURANCE Subgrantee shall provide and maintain and shall cause its subcontractors to provide and maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $ 2,000,000 in the aggregate. King County, its officers, officials, agents and employees shall be named as additional insureds. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be submitted to King County Office of Emergency Management and shall constitute compliance with this section. 13. SCHEDULE OF EXPENDITURES OF FINANCIAL ASSISTANCE King County Government Subgrantees should not include expenditures incurred by your agency and reimbursed by DHS through King County Office of Emergency Management on your annual Schedule of Expenditures of Financial Assistance. King County Office of Emergency Management, the lead agency for this federal award, is responsible for including these expenditures on their Schedule of Expenditures of Financial Assistance ' 14. ENTIRE CONTRACTNVAIVER OF DEFAULT ' Page 11 of 37 FFY07-SHSP-002 This Agreement is the complete expression of the agreement of King County and the Subgrantee hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be an amendment of the terms of this Agreement unless stated to be such through written approval by both parties and shall be attached to the original Agreement. 15. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. 16. APPROVAL , This Agreement shall be subject to the written approval of King County's authorized representative and shall not be binding until so approved. THIS AGREEMENT, consisting of 12 pages and 4 attachments, is executed by the persons signing below who warrant and represent that they have the authority to execute the , Agreement. IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: CITY OF KENT KING COUNTY i BY Suzette Cooke, Mayor Jeff Bowers, Acting Director Date Date ' Page 12 of 37 FFY07-SHSP-002 Exhibit A: SCOPE OF WORK A-1 GENERAL INFORMATION: ' Project Title: Zone 3 Emergency Management Coordinator Sub Grantee's Name: City of Kent ' Contact Person: Dominic V. Marzano Job Title: Assistant Chief/Emergency Manager Complete Address: 24611 1161h Ave SE Kent, WA 98030 Phone: 253-856-4316 Fax: 253-856-4119 E-Mail: dmarzano@ci.kent wa.us A-2 INVESTMENT JUSTIFICATION: Check ONE Investment Justification from the grant that will fund your project that best describes it SHSP & LETPP Projects: ❑ NIMS Implementation Activities ' ® Regional Collaboration and Coordination ❑ Analytical Support for Fusion Center and Regional Intelligence Groups ❑ Community Preparedness and Participation ❑ Law Enforcement Investigation Resources & Specialized Response ❑ Strengthen CBRNE Detection, Response, and Decontamination Capabilities ❑ Critical Infrastructure Protection ❑ Catastrophic Planning ❑ Interoperable Communications ❑ Medical Response Capability Enhancements ' A-3 GOAL & OBJECTIVE SHSP & LETPP Projects: Identify ONE Goal and ONE Objective in the Washin ton Statewide Homeland Security Strategc_Plan that best represents the project: GOAL #: 5.5 GOAL DESCRIPTION: Build resource management capabilities OBJECTIVE #: 5.5.1 OBJECTIVE DESCRIPTION: Enhance the capability to coordinate, receive, store and distribute emergency response stockpiles, pre-positioned equipment and mutual assistance resources Identify ONE Goal and ONE Objective in the Region 6 Homeland Securit Sy trategic Plan ' that best represents the project. Page 13 of 37 FFY07-SHSP-002 REGIONAL PRIORITY #: #1 REGIONAL PRIORITY DESCRIPTION: Coordinate and strengthen regional emeergency preparedness, prevention, mitigation and recovery GOAL #: Goal C , GOAL DESCRIPTION: Coordinate all emergency management plans. Regional coordination of homeland security planning efforts will increase interoperability and better define roles and responsibilities of all organizations. ' OBJECTIVE #: #1 OBJECTIVE DESCRIPTION: Complete and implement the Regional Disaster Plan. Tie together and de-conflict various plans, including UASI and Washington State plans A-4 PROJECT DESCRIPTION: , Describe your project using a maximum of two pages by answering ALL of the following questions separately using complete sentences: 1. Provide a description of your project: This continuing project supports the Zone wide all-hazard preparedness, response, mitigation and recovery efforts. The Zone Coordinator will work with their respective Zone agencies and representatives to further the emergency management capabilities of the region. The Zone Coordinator will provide several key and essential services for the region: • Act as representatives of Zone interests and planning efforts at county and state emergency management events and meetings, to include regional planning efforts with sheltering, at risk populations, etc. • Act as primary facilitators at the Zone level cooperative meetings. These ' meetings are essential to ensure consistent and comprehensive Zone activity and policy development. • Act as the resource for information regarding training and education for Zone responders and agency representatives. Additionally, the Coordinator will assist in facilitating training activities in support of this activity. • Act as facilitators and Subject Matter Expert's (SME's) in exercise design and ' delivery. • Work with Zone agencies and regionally to continue development of coordinated and cooperative resource management plans, process and policies. • Work inter-zone and cross borders to facilitate multi-discipline coordinated planning and training. • Ensure member agencies in their respective Zones have access to public education materials that can be distributed to their communities. • Work to the on-going efforts of the region in preparing for and responding to all- hazard events in the region. The Coordinators have developed quality partnerships and cooperative endeavors that have kept regional participants on the forefront of the emergency management field. • Continue to work as a resource for emergency management expertise and as a liaison to county and state agencies. • Act as a representative for their respective Zone in cross border activities and planning efforts. Page 14 of 37 FFY07-SHSP-002 2. What is the purpose of the project? The purpose of this project is to provide a Zone coordinator to assist in the continued growth of existing discipline groups, resource management and essential planning expansion to other jurisdictional disciplines and other public/private partners necessary ' to meet the goals of the Zones Emergency Management Directors and of the Regional Disaster Plan, ' 3. What problem does the project solve? The project solves problems of but not limited to communication, coordination and planning within the Zone and Zone to Zone within Region 6/King County. This project will provide the Zone an opportunity to continue to develop resources and response procedures, identify and form partnerships with additional discipline leaders in promoting a response environment to meet the needs of the Zone community and citizens. This project will also contribute to improving interoperability and planning between existing and new disciplines, groups, and regional partners utilizing existing communications and assisting with future communication assessment. 4. How does the project enhance local / regional homeland security and preparedness for CBRNE / Terrorist/ WMD incidents? ' This project enhances local/regional homeland security and preparedness for CBRNE/Terrorist/WMD incidents by continuing to build upon the foundation the Zone Coordinators have established over several grant years to prepare for and respond to ' these types of incidents. This project will enhance resource management and multi- agency coordination within the Zone as well as providing assistance to regional partners and agencies; all of which allows for better preparation and response by local jurisdictions in the Zone. 5 What activities need to be completed to finish the project? If the project will be implemented in phases, identify this clearly and tie them to your timeline in the following section. • Provide assistance to the Emergency Management Directors and other public and private groups to assist with Regional coordination and communications before, during, and after a major terrorist or disaster event. • Continue to grow the partner coordinators lists, to educate partners in the concept ' of operations according to the Regional Disaster Plan • Provide general assistance to Zone agencies for planning related to Regional ' notification, response, mobilization, and resource tracking. • Provide assistance for Zone agencies to the requirements of change with the National Response Plan to the National Framework and NIMS adoption and ' implementation. • To assist with associated mutual aid plans and memorandums of understanding between agencies to meet Zone response needs. 6. What are the tangible results and / or deliverables of the project? The tangible and/or deliverables of the project are the identification of specific roles and ' responsibilities for representatives serving within a multi-agency coordination group from the Zone. The exacting of documentation processes relevant to resource acquisitions, dispersments, and recovery within the guidelines of the Regional Disaster Plan for King ' County. Complete NIMS implementation plans and formal adoptions for all Zone jurisdictions (within individual agency process boundaries). ' Page 15 of 37 FFY07-SHSP-002 ' 7. How will the grant funds be used to support this project? Grant funds will be used to support this project through the hiring a consultant in support of planning activities. A-5 PROJECT TIMELINE: ' Make a timeline that includes measurable activities for task completion and critical dates. Project must be completed and delivered prior to end date identified by , KCOEM Grant Manager. Narrative Progress Reports are required to be submitted on a quarterly basis (or more frequently if required by the KCOEM Grants Manages . The dates for these reports are January 15, April 15, July 15 and ' October 15. If your project started 1 month prior to a narrative progress report due date or ends within 1 month of a narrative progress report, you may wait until the following quarter. Include in the timeline submission of invoices reimbursement I requests to KCOEM and the end of project report to KCOEM. ff your project involves purchase of equipment, allow 3 months for equipment approval process to be completed which will happen before the contract is executed. CompletionEstimated Date — Enter into Sub rant Agreement with KCOEM February 2008 ' — Continue to monitor NIMS training and provide assistance to Zone agencies — Continue meeting with Zone Emergency Management Directors. — Continue to meet with the Zone Discipline Coordinators — Establish regular meeting schedule between Zone Coordinators and Zone 1 & 5 counterparts. — Continue work to pre-identify discipline resources and their March mobilization capabilities and pre-identify discipline-based, terrorism- Thru related resource needs. June — Establish a formal request procedure for local resources and 2008 deployment guidelines, emphasizing personal safety and , accountability. — Develop documentation for resource tracking and accountability for deployment and requests. , Work to establish command and control communications systems and establish guidelines for intern erable field communications — Assist with clarifying and documenting protocols for working with ' Zone partners, Zone 1 & 5 and King County DEM during activations of the Regional Disaster Plan. — Continue gathering discipline resources and their mobilization July capabilities to provide procedural guidelines, including: thru o Pre-identify and draft a list of major resources. September ' o Identify immediate and delayed resources. 2008 o Pre-identify discipline-based, terrorism-related resource needs. o Establish a formal request procedure for local resources. o Establish resource deployment guidelines, emphasizing Page 16 of 37 ' FFY07-SHSP-002 personal safety and accountability. o Develop documentation for resource tracking and accountability for deployment and requests. o Identify a numbering system for resources ' - Continue to work to establish guidelines for interoperable field communications across multiple disciplines - Assist with associated mutual aid plans and memorandums of understanding between agencies to meet Zone response needs. Complete NIMS training and work with agencies to ensure compliance ' with NIMS continuing requirements -Continue meetings between Zone Coordinators and Emergency Management Directors. October -Continue providing assistance to Zone agencies for planning thru related to Regional notification, response, mobilization, and December resource tracking. ' Assist with associated mutual aid plans and memorandums of 2008 -understanding between agencies to meet Zone response needs -Close out meetings between Zone Coordinators and EM Directors -Work to complete. o Zone Resource manuals, pre-identify resources, their mobilization capabilities and discipline-based, terrorism- related resource needs o Establish a formal request procedure for local resources. February o Establish resource deployment guidelines emphasizing ipersonal safety and accountability. 2009 o Develop documentation for resource tracking and accountability for deployment and requests. o Guidelines for interoperable field communications and a communications plan ' A numbering system for resources Submit final invoices and project narrative report to KCOEM March 31, 2009 1 1 Page 17 of 37 FFY07-SHSP-002 Exhibit B: BUDGET B-1 ALLOWABLE COSTS: Using Appendix D - ALLOWABLE COST MATRIX of FFY07-HSGP Program Guidance & , Application Kit identify the allowable costs that best represent this project: PLANNING: , Hiring of full- or part-time staff or contract/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety , duties). B-2 BUDGET SUMMARY: Fill out the budget table using the correct budget category for your project expenses. For ALL item descriptions you MUST specify what the amount is for using question 7, section A-4 of Exhibit A. Budget - • • PlanningItem Description Training- Exercise Equipment Equipment Consultant Fees $100,000.00 Salaries & Benefits Overtime / ' Backfill Travel & Per Diem Goods & Services r Total Amount $100,000.00 Grand Total $100,000.00 , • With the exception of Equipment and Salaries & Benefits, changes to budget of no ' more than 10% are allowed without prior authorization from KCOEM. Any changes to Equipment and Salaries & Benefits must have prior authorization from KCOEM ' • Invoices submitted for reimbursement must not exceed total amount of award and must comply with grant requirements. Page 18 of 37 Exhibit C: EQUIPMENT FFY07-SHSP-002 i NOT APPLICABLE TO THIS PROJECT This page left blank intentionally 1 Page 19 of 37 Washington State Military Department . CONTRACT FACE SHEET t'FFY07-SHSP- 2 '1. Contractor Name and Address 2. Contract Amount: 3. Contract Number ­8 r King County J i 'fUd Office of Emergency Management $2,350,774 E08-196 King CourIiy uaict: 3511 NE 2nd Street Emergency Manage Renton, WA 98056 4. Contractor's Contact Person, phone number: 5. Contract Start Date: 6. Contract End Date- , Jeff Bowers (206) 205-4062 July 1, 2007 September 30, 2009 7. MD Program Manager/phone number. 8. State Business License#: 9. UBI # (state revenue): Kyle Herman (253) 512-7461 NA 578-037-394 10. Funding Authority: Washington State Military Department (Department) and the U.S. Department of Homeland Security(DHS) 11 Funding Source Agreement#- 12. Program Index# & OBJ/SUB-OJ 13. CFDA#&Title: 14. TIN or SSN: , 2007-GE-T7-0017 773SU,773ST,773SQ, 773SA,773SS 97.067 SHSP 91-6001327 15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 1, 5, 11, 30-34, Certified?- X N/A El NO 36, 37,41, 43, 45-48 King County ❑ YES, OMWBE# (BY CONGRESSIONAL DISTRICT)- 7, 8, 9 18 Contract Classification: 19. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services V Public/Local Gov't X Contract ❑ Grant ❑ Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39 34) ❑ Interagency 20. Contractor Selection Process: 21. Contractor Type(check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22. BRIEF DESCRIPTION: ' The U.S. Department of Homeland Security (DHS), Office of Grants and Training (OGT) is providing funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from incidents of terrorism through the IFFY 2007 Homeland Security Grant Program, State Homeland Security Program (SHSP). The funding is being provided to address the unique exercise, training, planning and management and administration needs of , emergency responders. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by , giving precedence in the following order: (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this contract on the day and year last specified below , FOR THE DEPARTMENT: FOR THE CONTRACTOR: Signature Date ig` gnature Date , James M Mull n, Director James J Buck, County Administrative Officer Emergency Management Division Washington State Military Department for APPROVED AS TO FORM Sara J Finlay (signature on file) 9/12/2007 King County Office of Emergency Management Assistant Attorney General ;,Q G Form 10/27/00 kdb ) y FFY07 Homeland Security Grant Program Page 1 of 18 0I ICinc��unty OEM Page 20 of 37 E08-196 ' SPECIAL TERMS AND CONDITIONS FFY07-SHSP-002 ARTICLE I -- COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence ' reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department. Some flexibility to shift funds between/among budget categories is allowed as follows: Changes to the budget in excess of 10% will not be reimbursed without the prior written authorization of the Department. Budget categories are as specified or defined in the budget sheet of the contract. ARTICLE 11 -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the Department's Key Personnel. Financial #/Copies Due Date Quarterly Invoices 1 Within 30 days following the end of the quarter in which the work was performed. ' Invoices must be submitted no more often than monthly, but at least quarterly. Failure to submit invoices in a timely manner will cause the Department to hold all requests for equipment approval until invoices are submitted. Final Invoice 1 No later than 45th day following (shall not exceed overall contract amount) the contract end date All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final billing. Technical #/Copies Due Date Bi-Annual Strategy Implementation Report Electronic January 15th and July 151h of each year of the contract period Bi-Annual Progress Report Electronic January 15th and July 15th of each year of the contract period Final Report Electronic No later than 451h day following the contract end date ' All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final reports and/or deliverables The Bi-Annual Strategy Implementation Report will be submitted via OGT's web-based grant reporting tool at https://www.reporting.odp.dhs.gov/. The Bi-annual Progress Report and the Final Report will be submitted electronically to hls.reporting(cD-emd.wa.gov ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitution must be made by written notification to the Military Department. CONTRACTOR: MILITARY DEPARTMENT: Christa Valverde, Program Manager Kyle Herman, Program Coordinator 1 FFY07 Homeland Security Grant Program Page 2 of 18 King County OEM Page 21 of 37 E08-196 ARTICLE IV --ADMINISTRATIVE REQUIREMENTS: FFY07-SHSP-002 The Contractor shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; and A- 133, Audits of States, Local Governments, and Non-Profit Organizations. ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: , 1. Funds are provided by the U.S. Department of Homeland Security (DHS), Office of Grants and Training (OGT) solely for the purpose of enhancing the capability of state and local units of government to prevent, deter, respond to, and recover from incidents of terrorism, and when dual benefit can be justified, catastrophic incidents. The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of the Contractor's request for funding. Grant funds may not be , used to replace or supplant existing funding. 2. The Contractor's expenditures on personnel costs are limited to 15 percent (15%) of the sub-award amount. ' 3. The Contractor shall provide a match of$0 of non-federal origin. 4. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this contract prior to distribution of appropriated federal funds. The Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. ' ARTICLE VI — EQUIPMENT MANAGEMENT: All equipment purchased under this contract, by the Contractor or a Sub-Contractor, will be recorded and maintained in an equipment inventory system 1. Upon successful completion of the terms of this contract, all equipment purchased through this contract ' will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub- grant agreement, or other means of legal transfer or ownership is in place. 2. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation, maintenance, replacement, and for the safe operation of the equipment, including all questions of liability. 3. The Contractor shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition , date; the cost of the equipment and the percentage of federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Contractor for a period of six (6) years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings ' involving the records have been resolved 5. The Contractor shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Contractor to determine the cause of the difference. The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. FFY07 Homeland Security Grant Program Page 3 of 18 King County OEM , Page 22 of 37 E08-196 ' 6. The Contractor shall develop a control system to ensure adequate safeguards to prevent IossF17da g,002 and theft of the property. Any loss, damage or theft shall be investigated and a report generated. 7. The Contractor will develop adequate maintenance procedures to keep the property in good condition. 8. If the Contractor is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. ' 9. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the federal-sponsoring agency for its share. ' 10. As sub-grantees of federal funds, the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this contract. ARTICLE VII —SUBRECIPIENT MONITORING The Department will monitor the activities of the Contractor from award to closeout and for the life of equipment purchased under this contract. The goal of the Department's monitoring activities will be to ensure that ' agencies receiving federal pass-through funds are in compliance with federal and state audit requirements, federal grant guidance, applicable federal and state financial guides, as well as OMB Circular A-133 and A-122 where applicable. ' Monitoring activities may include- 0 review of performance reports; t • monitoring and documenting the completion of contract deliverables; • documentation of phone calls, meetings, e-mails and correspondence; ' review of reimbursement requests to insure allowablity and consistency with contract budget; • observation and documentation of contract related activities, such as exercises, training, funded events ' and equipment demonstrations; • on-site visits to review equipment records and inventories, verify source documentation for reimbursement requests and performance reports and verify completion of deliverables As sub-grantees of federal funds, the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from ' this contract. FFY07 Homeland Security Grant Program Page 4 of 18 King County OEM Page 23 of 37 E08-196 FFYE_k4bft1 p02 2007 Subrecipient Washington Military Department GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below. a "Department" shall mean the Washington Military Department, as a state agency, any division, , section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this , contract "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipienf' shall mean a contractor that operates a federal or state assistance , program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Vendoe' shall mean a contractor that agrees to provide the amount and kind of service , or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. C. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all , or part of those services under this contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. d. "Recipient"— a nonfederal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. e. "Pass-Through Entity" means the Washington State Military Department as it is applied to this contract. As found in SAAM 50.30.30 — "A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program " f. "Nonfederal Entity" is defined as a state local government or nonprofit organization (as defined in federal Circular A-133). g. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow-up for a particular grantee by virtue of providing the majority of federal assistance. If funds are received from more than , one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. h. "Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations , or other assistance. It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals. i. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or"grants" or"agreements". J. "CFDA Number" — The five-digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse. k. "CFR" — Code of Federal Regulations I. "OMB" — Office of Management and Budget M. "RCW" - Revised Code of Washington n "WAC" - Washington Administrative Code. FFY07 Homeland Security Grant Program Page 5 of 18 King County OEM Page 24 of 37 E08-196 j2. SUBRECIPIENT MONITORING FFY07-SHSP-002 a. The Department, as a Recipient and/or Pass-Through Entity, receives federal financial ' assistance under federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and auditing of subrecipient grant activities using federal financial assistance. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars (including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal Register. The Department shall adhere to its Subrecipient Monitoring Policy and the Subrecipient Monitoring Procedures (WMD Policy number 00-025-05.) b The Contractor shall perform under the terms of the contract and the Department has responsibility for reasonable and necessary monitoring of the Contractor's performance. The Department shall conduct contract monitoring activities on a regular basis Monitoring is defined as any planned, ongoing, or periodic activity that measures and ensures contractor compliance with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews. Monitoring may include periodic contractor reporting to the Department, Department review of audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate documentation is essential for effective contract monitoring and will include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period 1 of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely on a once-a-year audit. The Contractor agrees to cooperate with all monitoring activities and to comply with reporting requirements. The Department as the Recipient and/or Pass-Through Entity will conduct on-site visits as appropriate and required by contract for "for-profit" subrecipients, since the A-133 Single Audit does not apply to "for-profit" organizations. ' 3. RECORDS, MONITORING AND AUDIT ACCESS a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities that are pertinent to this contract. b Access to public records-The Contractor acknowledges that the Department is subject to the Public Records Act, Chapter 42,56 RCW, and that records prepared, owned, used or retained 1 by the Department relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection and copying, except as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific information or records C. The Contractor shall maintain all books, records, documents, data and other evidence relating to this contract and the provision of any materials, supplies, services and/or equipment under this contract herein, including, but not limited to, records of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract, At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by personnel duly authorized by the Department, the Washington State Auditor's Office, and federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or audit for six (6) years from the end date of this contract, date of final payment or conclusion of services performed under this contractor, whichever is later. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records. 1 FFY07 Homeland Security Grant Program Page 6 of 18 King County OEM Page 25 of 37 E08-196 d. Contractor shall provide right of access to its facilities and records to the Departme�i Y�MVii�C) other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. 4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 is available on the OMB Home Page at http://www.omb.goy and then select "Grants Management" followed by "Circulars". Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. Once the single audit has been completed, the Contractor must send a full copy of the audit to the , Department and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any +� audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. 5. RECAPTURE PROVISIONS , In the event that the Contractor fails to expend funds under this contract in accordance with applicable state and federal laws and/or the provisions of this contract, the Department reserves the right to ' recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such right of recapture shall exist for a period not to exceed six (6) years following contract termination or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. The Department is required to institute legal proceedings to enforce the recapture provision. 6. COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government, and local laws, regulations, and policies. FFY07 Homeland Security Grant Program Page 7 of 18 King County OEM Page 26 of 37 E08-196 This obligation includes, but is not limited to, compliance with Ethics in Public Service (RMO*� o02 Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42 56); Drug- Free Workplace Act of 1988 (41 U.S.0 § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictions (31 U.S.C. § 1352 and 15 C.F R. Part 28); and safety and health regulations. The Department is not responsible for advising the Contractor about, or determining the Contractor's compliance with, applicable laws, regulations and policies. In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any applicable law, regulation or policy, the Department may rescind, cancel, or terminate the contract in whole or in part, The Contractor is responsible for any and all costs or liability arising from the Contractor's failure to comply with applicable law, regulation or policy. 7. NONDISCRIMINATION I During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. Nondiscrimination laws and policies (such as RCW 49.60, Washington's Law Against Discrimination, and Title VII of the Civil Rights Act). 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. § 12101 ' et seq. and 28 C.F.R Part 35 and other implementing regulations. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. 9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Contractor is encouraged to utilize firms that are certified by the Washington State Office of Minority and Women's Business Enterprises as minority-owned and/or women-owned in carrying out the purposes of this contract. 10. PUBLICITY The Contractor agrees to submit to the Department all advertising and publicity relating to this contract wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity without the prior written consent of the Department. 11. DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the Department. 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY I If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency. If requested by the Department, the Contractor shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference FFY07 Homeland Security Grant Program Page 8 of 18 King County OEM Page 27 of 37 E08-196 Further, the Contractor agrees not to enter into any arrangements or contracts related to thijtYR WiNO2 any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs" which can be found at www eels qov, 13. LIMITATION OF AUTHORITY -- "Authorized Signature" The signatories to this contract represent that they have the authority to bind their respective organizations to this contract Only the assigned Authorized Signature for each party, or the assigned delegate by writing prior to action, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Signature(s). 14 CONTRACTOR NOT EMPLOYEE — INDEPENDENT STATUS OF CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The Contractor and/or employees or agents performing under this contract are not employees or agents of the Department in any manner whatsoever, and will not be presented as nor claim to be officers or employees of the Department or of the State of Washington by reason hereof, nor will the Contractor and/or employees or agents performing under this contract make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. If the Contractor is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest" shall be submitted to the Department. 15. NONASSIGNABILITY , This contract, the work to be provided under this contract, and any claim arising thereunder, are not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 16. SUBCONTRACTING Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the Department. Contractor shall use a competitive process in award of any contracts with subcontractors that are entered into after original contract award. All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference. In no event shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the Department for any breach in the performance of the Contractor's duties. The Military Department may request a copy of any and/or all subcontracts for work being completed under this contract. 17. CONTRACT MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract or grant. ' Any such changes that are mutually agreed upon by the Department and the Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 18. SEVERABILITY In the event any term or condition of this contract, any provision of any document incorporated by reference, or application of this contract to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. FFY07 Homeland Security Grant Program Page 9 of 18 King County OEM Page 28 of 37 E08-196 ' 19. ADVANCE PAYMENTS PROHIBITED FFY07-SHSP-002 The Department shall make no payments in advance or in anticipation of goods or services to be provided under this contract. Contractor shall not invoice the Department in advance of delivery of such goods or services. 20. TAXES, FEES AND LICENSES Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance. 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement I allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example parking lots that do not provide receipts) that are authorized under this contract. 22. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance 1 hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington. 23 HOLD HARMLESS AND INDEMNIFICATION Each party to this contract shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. 24. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing signed by The Adjutant General or the Authorized Signature for the Department and attached to the original contract. 25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. ' Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. 26 ATTORNEY'S FEES In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney's fees and costs. 27. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the Department may reduce its scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for Cause", without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the terms of this contract under "Contract Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so FFY07 Homeland Security Grant Program Page 10 of 18 King County OEM Page 29 of 37 E08-196 28 TERMINATION OR SUSPENSION FOR CAUSE FFY07-SHSP-002 In the event the Department, in its sole discretion, determines the Contractor has failed to fulfill in a timely and proper manner its obligations under this contract, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor unable to perform any aspect of the contract, or has violated any of the covenants, agreements or stipulations of this contract, the Department has the right to immediately suspend or terminate this contract in whole or in part. The Department may notify the Contractor in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Contractor an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Contractor's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Contractor an opportunity to cure, the Department shall notify the Contractor in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the contract may be terminated in whole or in part. The Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the Department to terminate the contract in whole or in part. In the event of termination, the Contractor shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Contractor: (1) was not in default or material breach, or (2) failure to perform was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". 29. TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Department's Key Personnel identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this contract, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this contract in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Contractor. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds. In the event of termination, the Contractor shall be liable for all damages as authorized by law, ' The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. 30. TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this contract, the Contractor shall follow any procedures specified in the termination notice. Upon termination of this contract and in addition to any other rights provided in this contract, the Department may require the Contractor to deliver to the Department any property specifically produced or acquired for the performance of such part of this contract as has been terminated. If the termination is for convenience, the Department shall pay to the Contractor the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of contract termination, and the FFY07 Homeland Security Grant Program Page 11 of 18 King County OEM Page 30 of 37 E08-196 ' amount agreed upon by the Contractor and the Department for (i) completed work and serVE497 bP02 equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this contract. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Contractor for termination. The Department may withhold from any amounts due the Contractor such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Contractor shall: ra. Stop work under the contract on the date, and to the extent specified, in the notice; b Place no further orders or subcontracts for materials, services, supplies, equipment and/or facilities in relation to this contract except as may be necessary for completion of such portion of the work under the contract as is not terminated; C. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the contract had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and ' g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Department has or may acquire an interest. AAG Approved 9/12/2007 FFY07 Homeland Security Grant Program Page 12 of 18 King County OEM Page 31 of 37 E08-196 FF`RhIbftPEP02 Statement of Work FFY 2007 State Homeland Security Program INTRODUCTION; The Washington State Military Department Emergency Management Division's (EMD) Homeland Security Section is responsible for programs designed to prepare and improve the State's ability to respond to a Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) attack. Through the FFY07 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) the Department is providing funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from incidents of terrorism. The FFY07 grant guidance also provides funding for planning, training, and exercise activities related to catastrophic events, when the benefit to terrorism preparedness can be justified. King County Office of Emergency Management (herein known as the Contractor) agrees to the following tasks: GENERAL PROGRAM REQUIREMENTS: 1. Work closely with the established Regional Homeland Security Council to develop a strategy and subsequent budget for the use of these funds. The implementation of the projects or activities associated with these funds will be coordinated with the counties, cities, and the tribal governments located within the established region. 2. Prepare and submit a Bi-Annual Strategy Implementation Report (BSIR), via the web-based grant reporting tool. Failure to meet all of the reporting deadlines outlined in the Milestone and Timeline Schedule will prohibit the Contractor from being reimbursed while reports are outstanding. 3. Electronically submit progress reports. Failure to meet all of the reporting deadlines outlined in the Timeline will prohibit the Contractor from being reimbursed and will put a freeze on the processing of equipment approvals, while reports are outstanding. 4. Adhere to all financial and procurement guidance, including competitive processes and other procurement requirements as documented in the Department of Homeland Security Financial Guide found at http://www.dhs.gov/xlibrary/assets/Grants Financial ManagementGuide.pdf. Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. • Adhere to OGT requirements that all sole source contracts over $100,000 be reviewed and approved by the Department prior to execution of a contract. This requirement must be passed on to all of the Contractor's sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors' sole source justifications. • Adhere to OGT requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed. This requirement must be passed on to all of the Contractor's sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors' contract. 5. The Contractor is required to-ensure that all of their sub-grantees and sub-contractors are in compliance with the FFY07 Homeland Security Grant Guidance through monitoring of expenditures and periodic reviews of equipment inventories. 6. Plan and implement equipment purchases, exercises, training, planning and management & administration in accordance with the FFY07 Homeland Security Grant Program Guidance, which can be found at http://www.oip.usdoi.gov/odp/grants hsqp.htm, as well as all subsequent policy changes. 7. All activities under this contract must have a clear correlation to the goals, objectives, and priorities identified in the Washington State Strategic Plan and corresponding Investment Justifications submitted in the FFY07 grant application. FFY07 Homeland Security Grant Program Page 13 of 18 King County OEM Page 32 of 37 E08-196 8 If purchasing equipment, the Contractor must meet the following requirements: FFY07-SHSP-002 • Be in compliance with the OGT Authorized Equipment List (AEL), as detailed at: http://wwwl.rkbmipt.org/. • Submit all proposed equipment purchases to the Committee on Homeland Security, Sub-committee on Equipment to ensure that the requested equipment is on the AEL, is aligned with the statewide equipment purchasing strategy, and submit to OGT if necessary. ■ No reimbursement for purchased equipment will occur until the appropriate approvals have been obtained. ' The overall equipment budget can not be exceeded and over expenditures for any reason, including additional cost of sales tax, shipping, or installation, will be the responsibility of the Contractor. • Determine whether or not it is in the best interest of the Contractor to make purchases using their own procurement process or ask the Department to make purchases on their behalf • Make a request to the Department in writing that authorizes the Department to de-obligate funding I from the Contractor's contract and use the state's procurement process and contracts to purchase equipment on behalf of the Contractor. This will necessitate an amendment to the contract reducing - the Contractor's award by an amount sufficient for the Department to make the purchase(s). The Department will pay the vendor directly and all items will be drop shipped to a location designated by the Contractor, 9. Exercises that are implemented with grant funds must meet the requirements of the FFY07 Homeland Security Grant Program Guidance, be threat and performance based, and should evaluate performance of critical prevention and response tasks required to respond to the exercise scenario. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department within 60 days of completion of the exercise. Final reimbursement for related expenditures ' can not be made until this requirement has been met. 10. The Contractor understands National Incident Management System (NIMS) compliance is required to receive Federal preparedness assistance grants beginning October 1, 2006 The Contractor certifies, by signing this agreement, that the contractor and its principals have met NIMS compliance requirements and state reporting requirements for Federal Fiscal Year 2006 (FFY06) and shall meet NIMS compliance requirements and state reporting requirements for subsequent federal fiscal years during the performance period of this contract. The NIMS Integration Center (NIC) web page, http://www.fema.gov/emergency/nims provides information about NIMS and guidance to determine the extent to which jurisdictions are already compliant, as well as identify the NIMS requirements that have not been met. The Contractor and its principals are required to report NIMS compliance to the Department via the online form available on the Department's homepage http://www.emd,wa.gov/ 11. The Contractor may not exceed 5% of the total grant award on Management and Administrative expenditures. 12. Complete all work under the contract by the contract end date, to include receipt of equipment items. 13. Submit at a maximum monthly and a minimum quarterly, signed and approved invoice vouchers (State Form A-19) to the Department for costs incurred. • No costs will be paid in advance of their being incurred by the Contractor. • No equipment costs will be reimbursed until the equipment has been received by the Contractor and invoiced by the vendor • Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors. • Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Contractor's authorized representative that states "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements". FFY01 Homeland secunty Grant Program Page 14 of 18 King County OEM Page 33 of 37 E08-196 All contract work must end on the contract end date, however the Contractor has up to 4TFd' P e?02 the contract end date to submit all final billing. • No travel or subsistence costs, including lodging and meals, reimbursed under this contract may exceed federal maximum rates which can be found at www.gsa gov. CONTRACTOR TASKS: 1. Provide technical assistance to local communities as necessary to enable the jurisdiction to successfully meet the requirements and intent of the SHSP grant. 2. Attend and participate in the monthly Regional Coordination meeting. 3. Manage and administer the FFY07 SHSP Grant Program. 4. Report accomplishments on project deliverables, as may apply, including: a. NIMS/NRP compliance and implementation; b. Development and implementation of Regional Coordination preparedness, prevention, response and recovery plans, assessments, networking, protocols and procedures completed for Region 6; c. Development and implementation of Training and Exercise Programs within Region 6, including training and exercises completed and number of participants; d. Enhancement of interoperable communications within Region 6 including equipment purchased, installed, tested, trainings conducted and exercises completed; e. Development and implementation of Citizen Preparedness Programs; f. Equipment purchased. 5. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks , THE MILITARY DEPARTMENT AGREES TO: 1. Provide technical assistance, expertise, and state coordination with OGT where necessary. ' 2. Reimburse the Contractor within 45 days of receipt and approval of signed, dated invoice vouchers (state form A-19) and all documentation of expenditures as required. FFY07 Homeland Security Grant Program Page 15 of 18 King County OEM Page 34 of 37 E08-196 ' FFY07-SHSP-002 MILESTONE TIMELINE IFFY 2007 State Homeland Security Program MILESTONE TASK July 1, 2007 Start of grant performance period September 2007 Submission of Initial Strategy Implementation Plan (ISIP) October 2007 Contract Execution January 15, 2008 Submission of Bi-annual Strategy Implementation Report (BSIR) & Progress Report July 15, 2008 Submission of Bi-annual Strategy Implementation Report (BSIR) & Progress Report January 15, 2009 Submission of Bi-annual Strategy Implementation Report (BSIR) & Progress Report July 15, 2009 Submission of Bi-annual Strategy Implementation Report (BSIR) & Progress Report September 30, 2009 Termination of the contract performance; all work must end under this contract. 1 No later than November 14, 2009 Submit all final reports, invoices for reimbursement and/or deliverables. FFY07 Homeland Security Grant Program Page 16 of 18 King County OEM Page 35 of 37 E08-196 FF`L:0MbI`d02 BUDGET SHEET IFFY 2007 State Homeland Security Program PLANNING Sub-Category Funding Source: 773SU Salaries& Benefits $ 331,000 Consultants/Sub-Contracting $ 400,000 Goods& Services $ 136,500 Travel& Per Diem $ 3,500 Pass Thru $ 178,000 Other-Indirect $ Total $ 1,049,0007 TRAINING Sub-Category Funding Source, 773ST Salaries& Benefits $ - Overtime $ Consultants/Sub-Contracting $ Goods&Services $ - Travel&Per Diem $ - Pass Thru $ 210,000 Other $ - Total $ 210,000 EXERCISE Sub-Category Funding Source, 773SQ Salaries& Benefits $ - Overtime $ - Consultants/Sub-Contracting $ - Goods&Services $ - Travel& Per Diem $ - Pass Thru $ 140,000 Other $ - Total $ 140,000.00 MANAGEMENT & ADMINISTRATION Sub-Category Funding Source 773SA Salaries& Benefits $ 112,500 Consultants/Sub-Contracting $ - Goods&Services $ 4,039 Travel& Per Diem $ 1,000 Pass Thru $ - Other $ - Total $ 117,539 EQUIPMENT $ 834,235 Funding Source 773SS Total Budget $ 2,350,774 �1 Expenditures may only occur within the categories and sub-categories listed above However,changes of up to 10%can be made without prior approval from the Department Changes that exceed 10%will require the Contractor submit a budget change request to the Department for approval �2 G&T Grant program requirements affirm that federal funds will be used to supplement existing funds,and will not replace (supplant)funds that have been appropriated for the same purpose �3 Management and Administration expenditures cannot exceed 5%of the total contract amount FFY07 Homeland Security Grant Program Page 17 of 18 King County OEM Page 36 of 37 E08-196 FFtxA ffdU DEPARTMENT PURCHASED EQUIPMENT FFY 2007 State Homeland Security Program Upon approval of the Contractor, the Department will purchase the following equipment on behalf of the Contractor. The Department will reimburse the vendor and the equipment will be drop shipped to a location designated by the Contractor Equipment Category Date Item Discipline Approved Purchased For 1 1 Total amount de-obligated under this contract: $ FFY07 Homeland Security Grant Program Page 18 of 18 King County OEM Page 37 of 37 E08-196 Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 60 1. SUBJECT: SEATTLE/KING COUNTY PUBLIC HEALTH AGREEMENTS FOR MEDIC AND PARAMEDIC UNITS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign two (2) inter-agency lease agreements with Seattle-King County Public Health and ratify all acts consistent with this motion. These updated agreements were entered into based upon the need for paramedic units in the Valley area (Station 76), and the medic unit at Station 75 (near Soos Creek). The agreements are identical to the previous agreements except the monthly lease fee was increased by CPI and the term of the agreements was changed to a month-to-month lease. 3. EXHIBITS: 9 Inter-agency lease agreements 9 4. RECOMMENDED BY: Staff and Public Safety Committee 3/11/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? $20,251 Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: INTER-AGENCY LEASE AGREEMENT #1453 This LEASE AGREEMENT is entered into this lst day of January, 2008 between THE CITY OF KENT as LESSOR, hereinafter referred to as "THE CITY" and KING COUNTY, a political subdivision of the State of Washington, as LESSEE, hereinafter referred to as "COUNTY". WITNESSETH WHEREAS, the CITY and the COUNTY both desire to enter into a certain Lease Agreement for the use of approximately 1367 square feet at 15635 S.E. 272"" Street , Kent, WA, hereinafter called the "FACILITY" for the stationing of a paramedic unit operated by the King County IEmergency Medical Services Division. WHEREAS, the King County Emergency Medical Services Master Plan recommended that a paramedic unit be continued in the East Hill area to maintain current levels of paramedic service, and a location analysis has demonstrated that the fire station at the above address provides optimal paramedic response. WHEREAS, King County can provide additional paramedic personnel, paramedic vehicle, and equipment and supplies necessary to provide the additional paramedic services. WHEREAS, the City desires to utilize King County's Emergency Medical Services Programs. NOW THEREFORE, the parties mutually agree as follows: 1. DESCRIPTION OF LEASED PREMISES: L Leased Space— 15635 SE 272"" Street., Kent, WA a. Garage space of approximately 960 square feet for two (2) paramedic vehicles including floor drams and automatic garage door openers; b. Sleeping space totaling 407 square feet consisting of two (2) t 1' x 14'6" sleeping rooms with three (3) beds each. The sleeping quarters include eleven(11) built-in lockers (7 feet high x 2 feet wide x 23 inches deep) available for use by the COUNTY. Each bed will be supplied with mattress, mattress pad, bed spread and two (2) blankets; I t1 1. DESCRIPTION OF LEASED PREMISES: I. Leased Space— 15635 SE 272°d Street, Kent, WA C. 1367 total square feet— See Exhibit"A", attached hereto and made a part hereof. 11. Space Shared By The CITY And The COUNTY a. Bathroom/shower facilities for both sexes shared with Kent Fire Department personnel; b. Office space including a desk and chair; C. Kitchen facilities, dining and day rooms shared with Kent Fire Department personnel; d. Exercise room and equipment shared with Kent Fire Department personnel; e. Facilities for fueling of paramedic vehicles. 2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY I. Basic Services a. Heating and Lighting - Heating, lighting and cooling will be provided by the CITY for the FACILITY and those services will be available on a 24 hour basis. b. Standby Power- The FACILITY will have an emergency generator available to provide backup power to the building to any area in the building. C. Waste - The CITY will provide a waste receptacle and collection service for all waste; EXCEPT, that the COUNTY shall be responsible for disposal of all contaminated medical waste. d. Storage Space - The CITY will provide storage space for limited storage of non "controlled" operation supplies. 2 2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY I. Basic Services e. Meeting Room—The CITY will provide a meeting room of 600 square feet at no cost, following established Fire Department system for room scheduling. 3. GENERAL SERVICES OR CONDITIONS PROVIDED BY KING COUNTY II. General Services a. Paramedic Unit - The COUNTY will station a paramedic unit staffed with two (2) paramedics in the FACILITY. b. Security - The COUNTY agrees to maintain all pharmaceutical supplies, including controlled substances, under mutually agreed upon methods of security and accessible only by COUNTY personnel. C. Maintenance - The COUNTY agrees to require all COUNTY personnel assigned to the FACILITY to participate in the daily, weekly housekeeping duties and other periodic cleaning of the FACILITY (building and grounds) in cooperation with Kent Fire Department personnel d. Special Conditions - The COUNTY further agrees that any problems or issues that arise involving personnel or operations of the respective agencies will be handled as set forth in Exhibit B of this agreement, attached hereto and made a part hereof. 1 4. RENT I. The COUNTY agrees to pay the CITY $843 81 per month, effective January 1, 2008, for space and other systems and services described in Item 1 above. The monthly rate will be adjusted annually based upon the increase in the Consumer Price Index for Seattle and shall become effective the first day of January for each subsequent year of this lease. From the monthly rental, $238.21 each month will be placed in the City/Local 1747 Physical Fitness Program Fund The remainder will be utilized in the operational or capital fund as the City deems appropriate. 3 r 5. TENANT IMPROVEMENTS L The COUNTY agrees to pay all costs incurred in modifying the FACILITY to meet the COUNTY'S needs, including but not limited to alarm notification and lighting equipment, telephone and computer systems, security (locks) systems. a. All such modifications shall be made by the CITY with the prior written approval of the King County Emergency Medical Services Division Manager and shall be consistent with the FACILITY'S standards as determined by the CITY. Signatures of both parties are required upon completion of the improvements to show that all improvements have been completed to the satisfaction of both parties. � b. Payment for the identified modifications shall be in addition to monthly payments provided for herein. Any additional costs for changes to the original plan will require prior approval by the COUNTY. All payments shall be made within 30 days of receipt of an invoice by the COUNTY. C. Any tenant improvements made subsequent to this agreement shall be made by or with the approval of the CITY with the prior written approval of the King County EMS Division Manager and shall be entered as an Exhibit to this agreement. d. The COUNTY agrees to reimburse the CITY for all direct and indirect costs incurred by the CITY for repair and replacement of CITY property which is lost, destroyed or damaged(normal wear and tear excepted) to the extend of such loss, destruction, or damage is caused by equipment or employees of the COUNTY. e. The COUNTY agrees that at the termination of this agreement to reimburse the CITY for the restoration of systems which where modified for the benefit of the Medics. r r 4 6. TERM I. This Lease Agreemenn will be on a monthly basis, effective January 1, 2008 This agreement may be terminated annually for lack of funding (See attached addendum "A") II. Termination for Other Causes: a. This Agreement is subject to tenmination upon Ninety (90) days written notice by the COUNTY should• i. The CITY fail to comply with the terms and conditions express herein; ii. The CITY fails to provide work or services expressed herein b. This Agreement is subject to termination upon ninety (90) days written notice by the CITY should: i. The COUNTY fail to comply with the terms and conditions of this agreement. it. If, in the judgement of the City the relationship is no longer compatible with the organizational philosophy or values of the Fire Department, or the City determines that leasing space pursuant to this agreement does not serve the interest of the City. III. Changes: a. Either party may request changes in the services to be performed or provided hereunder. Proposed changes which are mutually agreed upon shall be incorporated by written amendment to this agreement signed by both parties. 7. HOLD HARMLESS AND INDEMNIFICATION I. The COUNTY agrees to assume responsibility for all liabilities that occur or arise in any way out of occupancy of the rented space at the FACILITY, and to save and hold harmless the CITY, its employees and officials, harmless from all claims, causes of action, costs, expenses, loses and damages, including the cost of defense, incurred as a result of any negligent actions or omissions of the COUNTY, its agents, officers, or employees arising out of or relating to the performance of this agreement. 5 1 7. HOLD HARMLESS AND INDEMNIFICATION , IL The CITY agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this agreement by its agents, officers, or employees, and to save and hold harmless the COUNTY, its employees and officials, from all claims, causes of action, costs expenses, loses and damages, including the costs of defense, incurred as a result of any negligent acts or omissions of the CITY, its agents, officers, or employees arising out of or relating to the performance of this agreement. 8. INSURANCE I. The CITY understands that the COUNTY is self-insured. The County shall provide the CITY with proof of said insurance upon request. 9. NOTICES I. Official notice under this lease shall be given as follows: To City: City of Kent Fire Department 24611 116th Ave. S.E. Kent WA 98030 To County. King County Real Property Division 500A Administration Building 500 Fourth Avenue Seattle WA 98104 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. LESSOR: CITY OF KENT LESSEE: PUBLIC HEALTH, FIRE DEPARTMENT SEATTLE-KING COUNTY BY: BY: TITLE: MAYOR TITLE: DIRECTOR DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: BY: BY: City of Kent Attorney Deputy Prosecuting Attorney DATE: DATE: BY: Manager Property Services Division DATE: 7 N- r n IF' cn Llk C] E � worm � T ocg3 � Uj .tl O -c *-" ..� w v nS--Ci 64 o.{1 sc M1 4 aZZ n"a 0 t z5 0 Lo � dear vr�rF-w 8 EXHIBIT B Special Conditions Interagency Cooperation a. The COUNTY agrees to designate one (1) paramedic on each duty shift who will coordinate the station activities and issues with the Station Officer, including but not limited to regular maintenance of the FACILITY by on-duty personnel b The COUNTY agrees that when issues, conflicts or problems arises, the Station Officer and the designated COUNTY employee shall attempt to resolve the matter at their level. If the matter is unable to be resolved at that level it shall be taken to the next level of the respective chains of command, up to and including the Fire Chief for the CITY and the Manager of the King County Emergency Medical Services Division for the COUNTY. c The COUNTY recognizes the importance of the organizational philosophy and values of the CITY and agrees to cooperate with the CITY to support those values. The COUNTY further agrees to abide by Kent Fire Department Policies and Procedures as discussed and agreed to by the Fire Chief and Manager of the King County Emergency Medical Services Division. Date- Date: Approved: Approved- Suzette Cooke, Mayor Director Public Health, Seattle-King County 9 ADDENDUM "A" The County's obligations to Lessor, if any, that extend beyond the current calendar year are contingent upon approval of the lease by the King County Council or appropriation by the King County Council of sufficient funds to pay such obligations. Should such approval or appropriation not occur, this lease and all County obligations hereunder will terminate at the end of the current calendar year in which such approval or appropriation expires. l i 10 � INTER-AGENCY LEASE AGREEMENT #1584 This LEASE AGREEMENT is entered into this I st day of January, 2008 between THE CITY OF KENT as LESSOR, hereinafter referred to as "THE CITY" and KING COUNTY, a political subdivision of the State of Washington, as LESSEE, hereinafter referred to as "COUNTY". WITNESSETH WHEREAS, the CITY and the COUNTY both desire to enter into a certain Lease Agreement for the use of approximately 1280 square feet at 20676 72"' Ave So , Kent, WA, hereinafter called the "FACILITY" for the stationing of a paramedic unit operated by the King County Emergency Medical Services Division. WHEREAS, the King County Emergency Medical Services Master Plan recommended that a paramedic unit be continued in the Valley area to maintain current levels of paramedic service, and a location analysis has demonstrated that the fire station at the above address provides quality paramedic response and allows for the further review of actual response patterns. WHEREAS, King County can provide additional paramedic persomiel, paramedic vehicle, and equipment and supplies necessary to provide the additional paramedic services WHEREAS, the City desires to utilize King County's Emergency Medical Services Programs. ID NOW THEREFORE, the parties mutually agree as follows 1. DESCRIPTION OF LEASED PREMISES: ' I. Leased Space 20676 72"" Ave So., Kent, WA a. Garage space of approximately 480 square feet for one (1) paramedic vehicles including floor drams and automatic garage door openers; additional outside vehicle storage with electrical supply for an additional Medic vehicle. b. Sleeping space totaling 800 square feet consisting of two (2) t t' x 14'6" sleeping rooms with one (1) bed each. The sleeping quarters include several built-in lockers available for use by the COUNTY. 1. DESCRIPTION OF LEASED PREMISES: 1 I. Leased Space—20676 72"" Ave So., Kent, WA C. A total of 1280 square feet of interior space and two (2) exterior parking spaces for reserve Medic vehicles in addition to the parking spaces as needed for staff. II. Space Shared By The C[TY And The COUNTY a. Bathroom/shower facilities for both sexes shared with Kent Fire Department personnel; b. Office space including a desk and chair; C. Kitchen facilities, dining and day rooms shared with Kent Fire Department personnel; d. Exercise room and equipment shared with Kent Fire Department personnel; e. Facilities for fueling of paramedic vehicles. 2. GENERAL SERVICES OR CONDITIONS PROV[DED BY THE CITY I. Basic Services a. Heating and Ling - Heating, lighting and cooling will be provided by the CITY for the FACILITY and those services will be available on a 24 hour basis. b. Standby Power - The FACILITY will have an emergency generator available to provide backup power to the building to any area in the building. C. Waste - The CITY will provide a waste receptacle and collection service for all waste; EXCEPT, that the COUNTY shall be responsible for disposal of all contaminated medical waste. d. Storage Space - The CITY will provide storage space for limited storage of non "controlled" operational supplies. 3. GENERAL SERVICES OR CONDITIONS PROVIDED BY KING COUNTY 2 I. General Services a. Paramedic Unit - The COUNTY will station a paramedic unit staffed with two (2) paramedics in the FACILITY. b. Security - The COUNTY agrees to maintain all pharmaceutical supplies, including controlled substances, under mutually agreed upon methods of security and accessible only by COUNTY personnel. C. Maintenance - The COUNTY agrees to require all COUNTY personnel assigned to the FACILITY to participate in the daily, weekly housekeeping duties and other periodic cleaning of the FACILITY (building and grounds) in cooperation with Kent Fire Department personnel. d. Special Conditions - The COUNTY further agrees that any problems or issues that arise involving personnel or operations of the respective agencies will be handled as set forth in Exhibit A of this agreement, attached hereto and made a part hereof. 4. RENT I. The COUNTY agrees to pay the CITY $843 81 per month, effective January 1, 2008, for space and other systems and services described m Item I above. The monthly rate will be ad3usted annually based upon the increase in the Consumer Price Index for Seattle and shall become effective the first day of January for each subsequent year of this lease. From the monthly rental, $238 21 each month will be placed in the City/Local 1747 Physical Fitness Program Fund. The remainder will be utilized in the operational or capital fund as the City deems appropriate. 1 3 i 5. TENANT IMPROVEMENTS I. The COUNTY agrees to pay all costs incurred in modifying the FACILITY to meet the COUNTY'S needs, including but not limited to alarm notification and lighting equipment, telephone and computer systems, security (locks) systems. a. All such modifications shall be made by the CITY with the prior written approval of the King County Emergency Medical Services Division Manager and shall be consistent with the FACILITY'S standards as determined by the CITY. Signatures of both parties are required upon completion of the improvements to show that all improvements have been completed to the satisfaction of both parties. b. Payment for the identified modifications shall be in addition to monthly payments provided for herein. Any additional costs for changes to the original plan will require prior approval by the COUNTY. All payments shall be made within 30 days of receipt of an invoice by the COUNTY. C. Any tenant improvements made subsequent to this agreement shall be made by or with the approval of the CITY with the prior written approval of the King County EMS Division Manager and shall be entered as an Exhibit to this agreement. d. The COUNTY agrees to reimburse the CITY for all direct and indirect costs incurred by the CITY for repair and replacement of CITY property which is lost, destroyed or damaged (normal wear and tear excepted) to the extend of such loss, destruction, or damage is caused by equipment or employees of the COUNTY. e. The COUNTY agrees that at the termination of this agreement to restore � the classroom, office space and entry areas to the high quality condition they were in originally. This will include removing tenant improvements, refinishing walls, ceilings, replacing carpet, restoring the alarm system, etc. 4 6. TERM I. This Lease Agreement will be on a monthly basis beginning January 1, 2008. This agreement may be terminated aimually for lack of funding. (See attached addendum "A") H. Termination for Other Causes: a. This Agreement is subject to termination upon Ninety (90) days written notice by the COUNTY should: 1. The CITY fail to comply with the terms and conditions express herein; ii. The CITY fails to provide work or services expressed herein. b. This Agreement is subject to termination upon ninety (90) days written notice by the CITY should: 1. The COUNTY fail to comply with the terms and conditions of this agreement.. ii. If, in the judgement of the City the relationship is no longer compatible with the organizational philosophy or values of the Fire Department, or the City determines that leasing space pursuant to this agreement does not serve the interest of the City. III. Changes: a. Either party may request changes in the services to be performed or provided hereunder. Proposed changes winch are mutually agreed upon shall be incorporated by written amendment to this agreement signed by both parties. 7. HOLD HARMLESS AND INDEMNIFICATION I. The COUNTY agrees to assume responsibility for all liabilities that occur or arise in any way out of occupancy of the rented space at the FACILITY, and to save and hold harmless the CITY, its employees and officials, harmless from all claims, causes of action, costs, expenses, loses and damages, including the cost of defense, incurred as a result of any negligent actions or omissions of the COUNTY, its agents, officers, or employees arising out of or relating to the performance of this agreement. 7. HOLD HARMLESS AND INDEMNIFICATION II. The CITY agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this agreement by its agents, officers, or employees, and to save and hold harmless the COUNTY, its employees and officials, from all claims, causes of action, costs expenses, loses and damages, including the costs of defense, incurred as a result of any negligent acts or omissions of the CITY, its agents, officers, or employees arising out of or relating to the performance of this agreement. 8. INSURANCE L The CITY understands that the COUNTY is self-insured. The County shall provide the CITY with proof of said insurance upon request. 9. NOTICES I. Official notice under this lease shall be given as follows: To City: City of Kent Fire Department 24611 116th Ave. S.E. Kent WA 98030 To County- King County Real Property Division 500A Administration Building 500 Fourth Avenue Seattle WA 98104 i l 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. LESSOR: CITY OF KENT LESSEE: PUBLIC HEALTH, FIRE DEPARTMENT SEATTLE-KING COUNTY BY: BY: TITLE: MAYOR TITLE: DIRECTOR DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: BY: BY: City of Kent Attorney KING COUNTY, WASHINGTON DATE: DATE: BY: Manager Property Services Division DATE: 1 7 EXHIBIT A Special Conditions Interagency Cooperation j a. The COUNTY agrees to designate one (1) paramedic on each duty shift who will coordinate the station activities and issues with the Station Officer, including but not limited to regular maintenance of the FACILITY by on-duty personnel b. The COUNTY agrees that when issues, conflicts or problems arises, the Station Officer and the designated COUNTY employee shall attempt to resolve the matter at their level. If the matter is unable to be resolved at that level it shall be taken to the next level of the respective chains of command, up to and including the Fire Chief for the CITY and the Manager of the King County Emergency Medical Services Division for the COUNTY. C. The COUNTY recognizes the importance of the organizational philosophy and values of the CITY and agrees to cooperate with the CITY to support those values. The COUNTY further agrees to abide by Kent Fire Department Policies and Procedures as discussed and agreed to by the Fire Chief and Manager of the King County Emergency Medical Services Division. Date: Date: Approved: Approved: Suzette Cooke, Mayor Director City of Kent Public Health, Seattle-King County 8 ADDENDUM "A" The County's obligations to Lessor, if any, that extend beyond the current calendar year are contingent upon approval of the lease by the King County Council or appropriation by the King County Council of sufficient funds to pay such obligations. Should such approval or appropriation not occur, this lease and all County obligations hereunder will terminate at the end of the current calendar year in which such approval or appropriation expires. 9 i Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6P 1. SUBJECT: ZONE 3 EMERGENCY MANAGEMENT PLANNING CONSULTING CONTRACT - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign the consultant services agreement with Terrorism Research Center to enhance Zone 3 Emergency Management Planning. The agreement is for work to be reimbursed by a grant not to exceed $100,000 from the King County Office of Emergency Management. ' The monies from this grant were identified to hire a consultant who would assist Emergency Management in the continued growth of existing discipline groups, resource management and essential planning expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Zone 3 Emergency Management Directors and the Regional Disaster Plan. 3. EXHIBITS: Consultant Services Agreement ' 4. RECOMMENDED BY: Staff & Public Safety Committee 3/11/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? up to $100,000 Revenue? up to $100,000 ' Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: 1 ACTION: • KENT ' WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Terrorism Research Center (TRC) ' THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Terrorism Research Center (TRC) organized under the laws of the State of Virginia, located and doing business at 4301 N Fairfax Drive, Suite 305 Arlington, VA 22203, phone 703-380-9194 (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: To assist in the continued growth of existing discipline groups and essential ' expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Regional Disaster Plan in accordance with the City's Request for Proposal regarding this project and in Consultant's response to that proposal, dated 22 March, 2006. 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. III. COMPENSATION. ' A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Thousand Dollars ($100,000.00) 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 B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of ' an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on ' the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not , related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, , discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 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 A attached and incorporated by this reference. ' IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work 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 Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. 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: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ' CONSULTANT: CITY OF KENT: Mr. Ed Reed Jim Schneider, Fire Chief Terrorism Research Center - TRC City of Kent 4301 N Fairfax Drive Suite 305 220 Fourth Avenue South CONSULTANT SERVICES AGREEMENT - 4 , (Over$10,000) Arlington, VA 22203 Kent, WA 98032 ' (703) 380-9194 (telephone) (253) 856-4300 (telephone) 703 935-2666 (facsimile) (253) 856-6300 (facsimile) APPROVED AS TO FORM: 1 Kent Law Department [In this field,you may enter the electronic filepath where the contract has been saved] 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: ' r 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. 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 Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 60 1. SUBJECT: EMERGENCY MEDICAL SERVICES PRE-HOSPITAL PARTICIPATION GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept the EMS Pre-Hospital Participation Grant in the amount of $1,594. This grant has been received from the State of Washington Department of Health, Office of Emergency Medical and Trauma Prevention since 1998 and will be used to purchase temporal thermometers and vacuum splints. 3. EXHIBITS: None 4. RECOMMENDED BY: Staff and Public Safety Committee 3/11/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $1,594 Revenue? $1,594 Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: r Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6R 1. SUBJECT: WEED AND SEED STEERING COMMITTEE APPOINTMENTS - CONFIRM 2. SUMMARY STATEMENT: Approve the Steering Committee's recommenda- tion of the following citizens for appointment to the East Hill Corridor Weed and Seed Steering Committee: David Anderson Janice Dye Pastor Tyrone Holloway and Pastor Robin Holloway Mohinder Multani Chandra Simmons 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: East Hill Weed & Seed Steering Committee (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: ' Kent East Hill Corridor Weed and Seed Community Debra LeRoy Interim Community Coordinator K E N T Phone 253-856-5856 W ASH I N C;TO N Fax 253-856-6802 I Address 220 Fourth Avenue S Kent, WA 98032-5895 Memorandum 1 DATE- March 11, 2008 TO: Mayor Suzette Cooke and Kent City Council FROM: Kent East Hill Corridor Weed and Seed Steering Committee CC RE: Weed and Seed Steering Committee Appointments There are currently five vacancies on the East Hill Corridor Weed and Seed Steering Committee. The committee consists of representatives from federal and city government, the Kent School District, non-profit organizations, businesses ' and residents living in the weed and seed community. The Weed and Seed Steering Committee requested and received letters of interest from community members to join this comprehensive community improvement planning effort. The following citizens are recommended for appointment to fill the five vacancies on the East Hill Corridor Weed and Seed Steering Committee: ' David Anderson Janice Dye Pastor Tyrone Holloway and Pastor Robin Holloway (share one vote) Mohinder Multani Chandra Simmons The Steering Committee requests the Mayor's and the City Council's approval of these appointments. Kent City Council Meeting Date March 18, 2008 ' Category Consent Calendar - 6S 1. SUBJECT: KENT WEST HILL NEIGHBORHOOD COUNCIL RECOGNITION RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. recognizing Kent West Hill as a Neighborhood Council. Residents of this neighborhood have completed the process to establish a Neighborhood Council, which provides an avenue for residents to work together to enhance the livability of their neighborhood. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Planning& Economic Development Committee (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: RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, recognizing the Kent West Hill Neighborhood Council. RECITALS A. The City of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the City of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. ' B. The City of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, ' approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Kent West Hill neighborhood is diverse consists of 1 approximately 1,146 housing units, and is roughly bounded to the north by SR 516, to the east by SR 516, to the south by Reith Road, and to the west by Interstate 5, as depicted in the map attached and incorporated as Exhibit A. On January 25, 2008, the Kent West Hill neighborhood jcompleted and turned in an official registration form requesting that the 1 Kent West Hill 1 Neighborhood Council City recognize the Kent West Hill Neighborhood Council, allowing it to take advantage of all the opportunities offered by the City's Neighborhood Program, including the City's grant matching program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Recognition of Neighborhood Council. - The City Council for the City of Kent hereby acknowledges the effort and commitment of the Kent West Hill neighborhood and all those who participated in forming the Kent West Hill Neighborhood Council. The Kent City Council hereby recognizes Kent West Hill as an official Neighborhood Council of the City of Kent, supports Kent West Hill's community building efforts, and confers on the Kent West Hill Neighborhood Council all opportunities offered by the City's Neighborhood Program. SECTION 2. - Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. , SECTION 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 2 Kent West Hill Neighborhood Council ' SECTION 4. - 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 March, 2008. CONCURRED in by the mayor of the city of Kent this day of March, 2008. SUZETTE COOKE, MAYOR IATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: i ' 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 March, 2008. ' BRENDA JACOBER, CITY CLERK v\aw\w.ak+na,W.giwon+wxw�wniw.nran ex 3 Kent West Hill Neighborhood Council 1 EXHIBIT A i 1 1 1 1 4 Kent West Hill Neighborhood Council 3 Legend N Vacant ,s Multi Family,Government,Commercial Single Family Homes(1,118 Units) age as a Scale: V =600' Flown March, 2006 N Storage RV Parking - Cemetery — y telex—— -7- T_riplel ° rnty' _ � � p240th aiL T�11 241 t 1 - JJ{{II 242nd` _hF --- 243rd - 244lh � - �--- - — ` 2441- ]� National ---- -- T � °Guard School Retail- Office, s'e 0 9 FN I �da� Westridge 24aih �� � 1- Townhomes\\\ Ua _J—L — (9�Units) 3 ih _ ICare 1 , '£49th 249th r upl 250th - 2sot P T i`- - r— T—L4\Churchp 251.t -- LIT L111� -�-r T_Y'l -T — -- F e 252nd� -- - �J 'IT III -_ --��� ���—� —25T�� E� t_i_ ,z�a L i M. T 253rdz 1 P d 253rd-v - r_- f T F 254th _ �255lh r e ����� — 9LLLJ_�-��_I�_ 1 - T2551h 256th"_ 2561h 256th - I 1 257th JI Park 257th � Rejth S 259fh PI t _ -260th_, S 2601h St 2601h�'r'"" S 26011,51 5 £ (I S26151 St- < S261st St ' ._....261 s(� I` adm07-8 mxd Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6T 1. SUBJECT: MILL CREEK CANYON EARTHWORKS PARK LANDMARK DESIGNATION NOMINATION RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. approving the nomination of Mill Creek Canyon Earthworks for further evaluation by the landmark designation and preservation commission. The 2.5 acre Earthworks site was designed by Herbert Bayer and is located in the northeast corner of the Earthworks Park bounded by East Smith Street/Canyon Road SE to the north, East Titus Street to the west, Reiten Road to the south, and a millpond/sediment pond immediately upstream to the east. The Earthworks is a designed landscape composed of a variety of topographic features, pathways, water features and lawns which function together as a public park, storm water detention facility and landscape art work. 3. EXHIBITS: Resolution and Staff memo to PEDC w/attachments 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, approving the nomination of Mill Creek Canyon Earthworks for further evaluation by the landmark designation and preservation commission under Chapter 14.12 of the Kent City Code. RECITALS A. Chapter 14.12, Landmark Designation and Preservation, of the Kent City Code (KCC) was enacted by the Kent City Council to designate, preserve, and perpetuate those sites which reflect significant elements of the city of Kent's cultural, ethnic, social, economic, political, architectural, aesthetic, archaeological, engineering, historic, and other heritage. A historic landmark designation is intended to foster civic pride in the beauty and accomplishments of Kent's past; to stabilize and improve the economic values and vitality of Kent's landmarks; and to protect and enhance the Kent's tourist industry by promoting heritage-related tourism. This Chapter provides that a nomination may only proceed through the nomination process with the Landmark and Heritage Commission if it first receives approval from the Kent City Council. KCC 14.12.080. B. Herbert Bayer's Mill Creek Canyon Earthworks (Earthworks) located in Mill Creek Canyon Earthworks Park has been nominated for designation as a historic landmark under Chapter 14.12. KCC. The owner of the Earthworks, the City of Kent, is supportive of this historic landmark 1 Historic Landmark Nomination Approval Earthworks nomination, and has asked that the nomination be allowed to proceed through the procedures established by Chapter 14.12 KCC. C. Herbert Bayer is recognized as a remarkable designer within the fields of typography, exhibition design, product design, sculpture, and photography. His final environmental work in Kent's Mill Creek Canyon Park is a designed landscape composed of a variety of topographic features, pathways, water features and lawns which function together as a public park, stormwater detention dam, and landscape artwork. The 2 1/2 acre site is located in the northeast corner of the Park. D. The Earthworks is one of only two projects built in association with the groundbreaking 1979 King County Arts Commission's Earthworks; Land Reclamation as Sculpture symposium. Today it is recognized as a leading example of public art and public participation. The Earthworks is remarkably well-preserved and maintains the strong feeling of "a walk through sculpture" despite stresses from a quarter-century of flooding, dynamic disturbance, and normal wear and tear. Overall, the Earthworks has sustained minimal change since its construction in 1982. The Earthworks exceptional significance merits a waiver of the standard forty (40) year old requirement for designation as a historic landmark. 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 2 Historic Landmark Nomination Approval Earthworks SECTION 2. - Approval of Landmark Designation Nomination. The Kent City Council, per KCC 14.12.080, approves the nomination of Herbert Bayer's Mill Creek Canyon Earthworks located in Mill Creek Canyon Earthworks Park for further processing by the Landmark and Heritage Commission. SECTION 3. - 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: 1 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\Civil\Resolution\HistoricPreservationApprovalOfNomination-EarthwoksPark doc 3 Historic Landmark Nomination Approval Earthworks COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director KENT PLANNING SERVICES Charlene Anderson, AICP, Manager WASHINGTON Phone- 253-856-5454 Fax: 253-856-6454 Address- 220 Fourth Avenue S. Kent, WA 98032-5895 March 10, 2008 To: Chair Elizabeth Albertson and Planning & Economic Development Committee Members From: Lydia Moorehead, Planner ' Subject: Historic Preservation Item A. MOTION: I move to recommend/not recommend approval of the nomination of Mill Creek Canyon Earthworks and authorize the King County Historic Preservation Officer to process the 1 nomination application pursuant to the Interlocal Agreement for Landmark Services. Item B. MOTION: I move to recommend/not recommend the matching grant funds in the amount of $2,500. SUMMARY: Item A: In September 2006 the City Council adopted Ordinance 3809 which provides a process for the nomination and designation of historic resources 1 through an interlocal agreement with King County. The Kent Arts Commission has nominated Mill Creek Canyon Earthworks for designation as a historic landmark; the first nomination under the new ordinance. Pursuant to Ordinance 3809, no historic resource may proceed through the nomination procedure until the Kent City Council has approved the historic resource for nomination. Item B: A matching grant for Certified Local Governments is available to the City of Kent for historic preservation. The matching grant requires the City of Kent to contribute $2,500. The grant would be used to update the 1988 City of Kent historic structure inventory. BUDGET IMPACTS: Item A: None Item B: $2,500 from the general fund. BACKGROUND: Item A: In April 2006, in response to citizen comment, the Planning and Economic Development Committee looked at various historic preservation programs and recommended that the City Council adopt a historic preservation ordinance which would be administered by King County through an interlocal agreement. In September of 2006 the City Council adopted Ordinance 3809, which sets up a process for the designation of historic resources within the City of Kent. Since that time, the interlocal agreement has been finalized and , Planning Services has received several inquiries regarding possible nominations. Staff has been working with King County to formalize the nomination process and , explore grant opportunities available to the City of Kent. Herbert Bayer's Mill Creek Canyon Earthworks (Earthworks) has been nominated for landmark designation by the Kent Arts Commission. If accepted, this will be the first historic property to be designated by the City of Kent. The 2.5 acre Earthworks site is located in the northeast corner of the Earthworks Park bounded by East Smith Street/Canyon Road SE to the north, East Titus Street to the west, Reiten Road to the south, and a millpond/sediment pond immediately upstream to the east. 14 Installed in 1982, the Earthworks is a designed landscape composed of a variety of topographic features, pathways, water features and lawns which function together as a public park, stormwater detention facility and landscape art work. Stormwater detention makes the Earthworks a dynamic landscape: when heavy rains flood the creek, its normal flow continues through a culvert beneath the dam but the excess slowly fills the two part basin behind the dam. A large upright cylindrical overflow spillway set in the northeast flank of the dam prevents the impounded water from flowing over the dam. During flooding the basin becomes a plane of water. PEDC Meeting March 10, 2008 Historic Preservation Page 2 of 5 r •``air �g s`°« ", t•a�. ,� '" ��ffin _ ,� —!,"�, �. ,�s-�,� 4s December 4, 2007 While historically significant resources must typically be at least 40 years old in order to be designated, resources may be designated if they are found to have exceptional importance. The Earthworks is significant as an internationally- renowned functional art work, an outstanding example of earth art, and a rare example of landscape architecture expressing Bauhaus modernism. It is also significant because of its association with Herbert Bayer who designed the site in 1982. Bayer made substantial contributions not only to the field of earth art, but to American arts and design as a whole. The Earthworks is also noteworthy for its association with the historic Earthworks: Land Reclamation as Sculpture symposium sponsored by the King County Arts Commission in 1979, which made a significant contribution to the development of Public Art in the region and nation. +SC4lto- PEDC Meeting March 10, 1008 Historic Preservation Page 3 of 5 Herbert Bayer 1982 by John Hoge t Bayer's Earthworks played a highly significant role in the evolution of Public Art. It was instrumental in shifting the practice of Public Art toward environmental design, wherein the art is integrated directly into the construction process rather than being a decorative add-on at the end of a project. In addition, the symposium and the Earthworks were instrumental in shifting the concept of Public Art from one of placing discrete works of art in public locations to creating artful public places with strong aesthetic qualities. Featured in many publications, the Earthworks has most recently been included in Destination Art "the first critical guide to the two hundred most important modern and contemporary art sites around the world." One of the unique factors of the Earthworks is that it also functions as a water detention dam. Originally designed as a collaboration between the Kent Arts Commission and the Public Works Department, this collaboration continues today. Currently, the Public Works Department is moving forward with plans to alter , Earthworks to meet new Department of Ecology regulations while also working with the Kent's Art Commission and King County Historic Preservation staff to ensure that essential design elements and the integrity of the artwork is maintained. The project includes raising the dam two feet and altering the outlet structure in order to create a 10,000 year storm spillway and increase stormwater storage capacity along Mill Creek. This work is expected to begin in August 2008. Of primary interest to the Kent Arts Commission are new avenues of funding that would become available with historic designation. This funding could be used for restoring, maintaining and promoting the Earthworks. The significant character- defining elements of the Earthworks retain remarkable integrity, but the presence of salmon in Mill Creek has constrained the hands of the City of Kent's Parks Department, which stewards the site. While mechanized vegetation management occurred in the riparian areas in the past, today intensive maintenance is not conducted due to regulatory and funding restrictions. While this lack of maintenance has the potential to significantly alter the site, grant funding could be used to restore and maintain the site. September 1982 October 2007 PEDC Meeting March 10, 2008 Historic Preservation Page 4 of 5 In addition, designation of the Earthworks will help to capture an entirely new audience Interested in historic places, thus promoting cultural tourism. In addition to Earthworks Inclusion in Destination Art, The Kent Arts Commission has recently published a self-guided tour that includes Bayer's Earthworks, the Robert Morris Earthwork and Lorna Jordan's Waterworks Gardens, as well as the Green River Natural Resources Area, which attracts international birdwatchers. Item B: Through the interlocal agreement with King County, the City of Kent has access to grants from the State that are reserved for Certified Local Governments (CLG's). A matching grant has been offered to the City which would require a matching of funds in the amount of $2,500. This grant would be used to update the City's historic structures inventory which was put together in 1978 and last updated in 1988. Grant funds would be used to field check the inventory, provide updated photos, enter the inventory into the State's historic property database and create a GIS layer. These updates would not only reflect what historic properties currently exist, but also make the information readily available for research and identification purposes. RECOMMENDATION: Item A: Staff recommends approval of the nomination of The Earthworks for designation. Item B: Staff recommends approval of the matching grant amount of $2,500. L FSICAILM/pm S �Permlt�Plan�PEDC�2008�Staff Reports�03-10-08_PEDC HIstonc PreservahonMemo doc Eric Attach A-Ordinance 3809, Attach B-Interlocal Agreement, Attach C- Feb 21, 2008 Staff Memo & Report to Parks and Human Services Committee, Attach D-Feb 21, 2008 letter from Todd Scott, King County Historic Preservation, to Cheryl dos Remedios, Kent Visual Arts Coordinator, Attach E- Draft Mill Creek Canyon Earthworks Nomination, Attach F- Draft Resolution cc• Charlene Anderson, AICP, Planning Manager Fred N Satterstrom, AICP, CD Director Historic Preservation File i M PEDC Meeting March 10, 2008 Historic Preservation Page 5 of 5 Ordinance No . 3809 (Amending or Repealing Ordinances) CFN=822 — Historical Preservation Passed — 9/5/06 Ch. 14.12 KCC — Landmark Designation and Preservation New Chapter 14.12 ORDINANCE NO. � AN ORDINANCE of the city council of the city of Kent, Washington, adding a new chapter 14.12 to the Kent City Code entitled "Landmark Designation and Preservation." RECITALS A. The protection, enhancement, perpetuation, and use of buildings, sites, districts, structures, and objects of historical, cultural, architectural, engineering, geographic, ethnic and archaeological significance located in Kent is necessary in the interest of the prosperity, civic pride, and general welfare of the people of Kent. B. The present preservation programs and activities are inadequate to ensure maintenance or enhancement of such resources or to prevent the unnecessary destruction or defacement of such resources. C. After a public hearing on August 21, 2006, the Planning Committee recommended adding a new chapter 14.12 to the Kent City Code entitled "Landmark Designation and Preservation." D. On September 5, 2006, the city council approved the addition of the new Landmark Designation and Preservation chapter to the Kent City Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Ch. 14.12 KCC — Landmark Designation and Preservation ORDINANCE SECTION 1. — Adoption. A new chapter 14.12, entitled "Landmark Designation and Preservation" is hereby created and added to the Kent City Code to read as follows; CHAPTER 14.12 LANDMARK DESIGNATION AND PRESERVATION Sec. 14.12.010. Purpose. The purpose of this chapter is to designate, preserve, protect, enhance, and perpetuate those sites, buildings, districts, structures and objects which reflect significant elements of the city of Kent's cultural, ethnic, social, economic, political, architectural, aesthetic, archeological, engineering, historic and other heritage; to foster civic pride in the beauty and accomplishments of the past; to stabilize and improve the economic values and vitality of land marks; to protect and enhance the city of Kent tourist industry by promoting heritage related tourism; to promote, assist, encourage, and provide incentives to public and private owners to preserve, restore, rehabilitate, and use landmark buildings, sites, districts, structures, and objects to serve the purposes of this chapter; and to provide the framework for the implementation of an interlocal agreement between King County and the city of Kent relating to landmark designation and protection services. Sec. 14.12.020. Landmarks Commission Authorized. A. Landmarks Commission. The King County Landmarks & Heritage Commission, established pursuant to Chapter 20.62 of the King County Code, is hereby designated and empowered to act as the Landmarks Commission for the city of Kent pursuant to the provisions of this chapter. B. Public Hearings - Rules and Regulations. The Landmarks Commission shall not conduct any public hearings required by this chapter with respect to properties located within the city of Kent until its rules and regulations, including procedures consistent with this chapter, have been filed with the city clerk. 2 Ch, 14.12 KCC — Landmark Designation and Preservation C. Special Member Appointment. The mayor shall, subject to confirmation i by the city council, appoint one (1) individual to act as a special member of the King County Landmarks and Heritage Commission as provided for in King County , Code section 20.62.030. The special member shall have a demonstrated interest and competence in historic preservation. The special member shall be appointed for a three (3) year term. Each special member shall serve until his or her successor is duly appointed and confirmed. In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if such appointment were made at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term. A special member may be reappointed but may not serve more than two (2) consecutive three (3) year terms. A special member shall be deemed to have served one full term if that special member resigns at any time after appointment or if that special member serves more than two (2) years of an unexpired term. Special members shall serve without compensation except for out of pocket expenses incurred in connection with commission meetings or programs. The city of Kent shall reimburse such expenses incurred by the special member. Sec. 14.12.030. Definitions. The city council adopts by reference the definitions contained in King County Code section 20.62.020, except as provided below: A. Council is the Kent City Council. B. "Manager" shall be read to be the city Chief Administrative Officer. Sec. 14.12.040. Designation Criteria. The designation criteria for landmarks as contained in King County Code section 20.62.040 is hereby adopted by reference for the designation criteria of landmarks within the city of Kent. Sec. 14.12.050. Designation Procedure. The designation procedure for landmarks as contained in King County Code section 20.62.070 is hereby 3 Ch. 14.12 KCC — Landmark Designation and Preservation adopted by reference for the designation procedure of landmarks within the city of Kent. Sec. 14.12.060. Certificate of Appropriateness Procedure. The certificate of appropriateness procedure for landmarks as contained in King County Code section 20.62.080 is hereby adopted by reference for the city of Kent, except for the last sentence of King County Code section 20.62.080(a). Sec. 14.12.070. Adoption by Reference. The following sections in Chapter 20.62 of the King County Code are adopted by this reference: A. Nomination Procedure. King County Code section 20.62.050. B. Evaluation of Economic Impact. King County Code section 20.62.100. C. Penalty for Violation. King County Code section 20.62.130. D. Special Valuation for Historic Properties. King County Code section 20.62.140. Sec. 14.12.080. Nomination Approval. No historic resource may proceed through the nomination procedure of King County Code section 20.62.050 until such time as the Kent City Council has approved the historic resource for nomination. A minimum of four (4) council members must vote in favor in order that the resource be eligible for nomination. Said approval by the council is a condition precedent to any nomination procedure. Sec. 14.12.090. Appeal Procedure. A. A party of record aggrieved by a decision of the commission designating or rejecting a nomination for designation of a landmark, or issuing or denying a certificate of appropriateness may, within fourteen (14) calendar days of mailing of notice of such decision, appeal such decision in writing to the hearing examiner. The written notice of appeal shall be filed with the historic preservation officer and the city clerk. The written notice of appeal shall be 4 Ch. 14.12 KCC - Landmark Designation and Preservation accompanied by a statement that includes the items required in section j 12.01.195(E) for similar closed record appeals. B. The appeal to the hearing examiner shall be a "closed record appeal," as that term is used in Chapter 12.01 Kent City Code. C. If after the closed record appeal hearing, the hearing examiner determines: 1. An error in fact was made by the commission, the hearing examiner shall remand the proceeding to the commission for reconsideration; or 2. The decision of the commission is based on an error in judgment or conclusion, the hearing examiner may modify or reverse the decision of the commission. D. The hearing examiner's final decision shall include findings of fact and conclusions from the record which support the decision. The hearing examiner may adopt all or portions of the commission's findings and conclusions. E. The decision of the hearing examiner shall be final unless within twenty- one (21) calendar days from the date of issuance of the decision an appeal is filed in King County Superior Court. SECTION 2. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30 )days from and after its passage provided by law. WIF � SU TOKE, MAYOR a. s fT} d !•*i E, 7• n 5 Ch. 14.12 KCC - Landmark 1 Designation and Preservation rATTEST: BRENDA ]ACOBER, CITY CLEAK APPROVED AS TO FORM: { A � l TOM BRUBAKER, CITY ATTORNEY !� PASSED: day of '` ' 006. r APPROVED: c� day of , 2006. r PUBLISHED: / day of 2006. I herebycertify that this is a true co of Ordinance No. 3ty9 Y PY passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. t (SEAL) BRENDA JACOBER,VTY CLERK .ICMIIQ.7n.rK•4sndmark0ea14nrtwnrr.wvMbn Ee ., t, ;'•� C• S r 6 Ch. 14.12 KCC - Landmark Designation and Preservation ATTACHMENT B Attachment A — — — 15"s INTERLOCAL AGREEMENT FOR LANDMARK SERVICES AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT RELATING TO LANDMARK DESIGNATION AND PROTECTION SERVICES THIS IS AN AGREEMENT between King County, a home rule charter county and a political subdivision of the State of Washington, hereinafter referred to as the "County," and the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as the "City." WHEREAS, the City is incorporated; and WHEREAS, local governmental authority and jurisdiction with respect to the designation and protection of landmarks within the city limits resides with the City; and WHEREAS, the City desires to protect and preserve the historic buildings, structures, districts, sites, objects, and archaeological sites within the city for the benefit of present and future generations; and WHEREAS, the County is able to provide landmark designation and protection services for the City; and WHEREAS, the City has elected to contract with the County to provide such services; and WHEREAS, it is in the public interest that the jurisdictions cooperate to provide efficient landmark designation and protection; and WHEREAS, pursuant to Chapter 39.34 RCW., the Interlocal Cooperation Act, the parties are each authorized to enter into an agreement for cooperative action; NOW THEREFORE, the County and the City hereby agree: 1. Services. At the request of the City, the County shall provide landmark designation and protection services within the City limits using the criteria and procedures adopted in King County Ordinance 10474, King County Code (K.C.C.), Chapter 20.62. 2. City's Responsibilities. A. Adopt an ordinance establishing regulations and procedures for the designation of historic buildings, structures, objects, districts, sites, objects, and archaeological sites as landmarks and for the protection of landmarks. Regulations and procedures shall be substantially the same as the regulations and procedures set forth in K.C.C. Chapter 20.6Z. The ordinance shall provide that the King County Landmarks Commission, with the addition of a special member, acting as the City of Kent Landmarks Commission (Commission) shall have the authority to designate and protect landmarks within the City limits in accordance with the City ordinance. The ordinance shall include: 1) Provision for the appointment of a special member to the King County Landmarks Commission as provided by K.C.C. 20.62.030. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 1 of 6 (Between the City of Kent and King County) (January 25, 2007) Attachment A 15908 2) A provision that appeals of decisions of the Commission pertaining to real property within the City limits shall be taken to the hearing examiner. 3) A provision for penalties for violation of the certificate of appropriateness procedures (K.C.C. Chapter 20.62.080). 4) A provision that the official responsible for the issuance of building and related permits shall promptly refer applications for permits which affect historic buildings, structures, objects, sites, districts, or archaeological sites to the King County Historic Preservation Officer (HPO) for review and comment. The responsible official shall seek and take into consideration the comments of the HPO regarding mitigation of any adverse effects affecting historic buildings, structures, objects, sites or districts. B. Appoint a Special Member to the King County Landmarks Commission in accordance with the ordinance adopted by the City. Pursuant to K.C.C. Chapter 20.62 such Special Member shall be a voting member of the Commission on all matters relating to or affecting landmarks within the City, except review of applications to the Special Valuation Tax Program, and the Current Use Taxation Program. C. Except as to Section 5, the services provided by the County pursuant to this agreement do not include legal services. 3. County( Rgsoonsibilities. A. Process all landmark nomination applications and conduct planning, training, and public information tasks necessary to support landmarking activities in the city. Such tasks shall be defined by mutual agreement of both parties on an annual basis. B. Review and decide all Certificate of Appropriateness applications to alter, demolish, or move any significant feature of a landmark property within the City limits. C. Act as the "Local Review Board" for the purposes related to Chapter 221, 1986 Laws of Washington, (Chapter 84.26 RCW and WAC 254.20) for the special valuation of historic properties within the city limits. D. Review and approve all applications to the King County Landmark Loan Program. E. Review and comment on applications for permits which affect historic buildings, structures, objects, sites, districts, and archaeological sites. Forward comments to the City official responsible for the issuance of building and related permits 4. Compensation. A. Costs. The City shall reimburse the County fully for all costs incurred in providing services under this agreement, including overhead and indirect administrative costs. Costs charged to the City may be reduced by special appropriations, grants, or other supplemental funds, by mutual agreement of both parties. The rate of reimbursement to the County for labor costs shall be revised annually. B. Billing. The County shall bill the City quarterly. The quarterly bill shall reflect actual costs plus the annual administrative overhead rate. Payments are due within 30 days of receipt by the City of the County's invoice. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 2 of 6 (Between the City of Kent and King County) (January 25, 2007) Attachment A 1 15908 5. Indemnification. A. The County shall indemnify and hold harmless the City and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them, in providing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that the City retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and the County and their respective officers, agents and employees, or any of them, the County shall satisfy the same. B. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations, polices or procedures. If any cause, claim, suit, actions or administrative proceeding is commenced in the enforceability and/or validity or any City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorneys' fees. C. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, the City shall satisfy the same. D. The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this Article shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 6. Duration. This agreement is effective beginning upon execution, and shall remain in effect until terminated by either party. 7. Termination. Either party may terminate this agreement by forty-five (45) days written notice from one party to the other. 8. Administration. This agreement shall be administered for the County by the Director of the Office of Business Relations and Economic Development, or the director's designee, and for the City by the Planning Manager or the manager's designee. j9. Amendments. This Agreement may be amended at any time by written, mutual agreement of the parties. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 3 of 6 (Between the City of Kent and King County) (January 25, 2007) Attachment A 15908 IN WITNESS WHEREOF, the parties have executed this Agreement on the fast day signed below. CITY OF KENT ko cX 1�?[ (V-% v1 By: Prin me: 5 Its: Date p� APPROVED AS TO FORM: '.-.rwv� lqAk� ��- A Ke t Law Dep rtment KING COUNTY By. King Coun Executive APPROVED AS TO FORM: ./fir By: Jji"I f!63 King County Prosecutor P:\CMI\Ftles\OpenFks\0125-2006\Hlstorktandmark-ILA-KC.doc r INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 4 of 6 (Between the City of Kent and King County) (January 25, 2007) Interlocal Contract for Historic Preservation Services ' Addendum A: King County Labor Costs The following hourly rates for County-provided historic preservation services apply for 2007. The hourly figure incorporates wages, benefits, and overhead as set in the indirect cost rate plan for the Office of Cultural Resources. The figure is adjusted to account for vacation, sick leave and holidays and thus reflects actual working hours. Historic Preservation Officer: $76.25 per hour Preservation Planner: $70.77 per hour Landmarks Coordinator: $59.77 per hour r INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page of g 5 6 (Between the City of Kent and King County) (January 25, 2007) Addendum B: City of Kent Expenditure Maximum During the calendar year 2007, total reimbursable costs billable to the City for historic preservation services provided by the County under this interlocal agreement shall not exceed $5,000.00. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 6 of 6 (Between the City of Kent and King County) (January 25, 2007) EXHIBIT INTERLOCAL AGREEMENT FOR LANDMARK SERVICES AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT RELATING TO LANDMARK DESIGNATION AND PROTECTION SERVICES THIS IS AN AGREEMENT between King County, a home rule charter county and a political subdivision of the State of Washington, hereinafter referred to as the "County," and the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as the "City." WHEREAS, the City is incorporated; and WHEREAS, local governmental authority and jurisdiction with respect to the designation and protection of landmarks within the city limits resides with the City; and WHEREAS, the City desires to protect and preserve the historic buildings, structures, districts, sites, objects, and archaeological sites within the city for the benefit of present and future generations; and WHEREAS, the County is able to provide landmark designation and protection services for the City; and WHEREAS, the City has elected to contract with the County to provide such services; and IWHEREAS, it is in the public interest that the jurisdictions cooperate to provide efficient landmark designation and protection; and WHEREAS, pursuant to Chapter 39.34 RCW., the Interlocal Cooperation Act, the parties are each authorized to enter into an agreement for cooperative action; 1 NOW THEREFORE, the County and the City hereby agree: 1. Services. At the request of the City, the County shall provide landmark designation and protection services within the City limits using the criteria and procedures adopted in King County Ordinance 10474, King County Code (K.C.C.), Chapter 20.62. 2. City's Responsibilities. A. Adopt an ordinance establishing requlations and procedures for the designation of historic buildings, structures, objects, districts, sites, objects, and archaeological sites as landmarks and for the protection of landmarks. Regulations and procedures shall be substantially the same as the regulations and procedures set forth in K.C.C. Chapter 20.62. The ordinance shall provide that the King County Landmarks Commission, with the addition of a special member, acting as the City of Kent Landmarks Commission (Commission) shall have the authority to designate and protect landmarks within the City limits in accordance with the City ordinance. The ordinance shall include: 1) Provision for the appointment of a special member to the King County Landmarks Commission as provided by K.C.C. 20.62,030. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 1 of 6 (Between the City of Kent and King County) (January 25, 2007) 2) ; provision that appeals cf decis,ons of the Cornrrission peruaming real property within the City limits shall be taken to the hearing examiner. 3) A provision for penalties for violation of the certificate of appropriateness procedures (K.C.C. Chapter 20.62.080). 4) A provision that the official responsible for the issuance of building and related permits shall promptly refer applications for permits which affect historic buildings, structures, objects, sites, districts, or archaeological sites to the King County Historic Preservation Officer (HPO) for review and comment. The responsible official shall seek and take into consideration the comments of the HPO regarding mitigation of any adverse effects affecting historic buildings, structures, objects, sites or districts. B. Appoint a Special Member to the King County Landmarks Commission in accordance with the ordinance adopted by the City. Pursuant to K.C.C. Chapter 20.62 such Special Member shall be a voting member of the Commission on all matters relating to or affecting landmarks within the City, except review of applications to the Special Valuation Tax Program, and the Current Use Taxation Program. C. Except as to Section 5, the services provided by the County pursuant to this agreement do not include legal services. 3. County Responsibilities. A. Process all landmark nomination applications and conduct planning, training, and public information tasks necessary to support iandmarking activities in the city. Such tasks shall be defined by mutual agreement of both parties on an annual basis. B. Review and decide all Certificate of Appropriateness applications to alter, demolish, or move any significant feature of a landmark property within the City limits. C. Act as the "Local Review Board" for the purposes related to Chapter 221, 1986 Laws of Washington, (Chapter 84.26 RCW and WAC 254.20) for the special valuation of historic properties within the city limits. D. Review and approve all applications to the King County Landmark Loan Program. E. Review and comment on applications for permits which affect historic , buildings, structures, objects, sites, districts, and archaeological sites. Forward comments to the City official responsible for the issuance of building and related permits 4_ Compensation_ A. Costs. The City shall reimburse the County fully for all costs incurred in , providing services under this agreement, including overhead and indirect administrative costs. Costs charged to the City may be reduced by special appropriations, grants, or other supplemental funds, by mutual agreement of both parties. The rate of reimbursement to the County for labor costs shall be revised annually. B. Billing. The County shall bill the City quarterly. The quarterly bill shall reflect actual costs plus the annual administrative overhead rate. Payments are due within 30 days of receipt by the City of the County`s invoice. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 2 of 6 (Between the City of Kent and King County) (January 25, 2007) indemnification, A. The County shall indemnify and hold harmless the City and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them, in providing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that the City retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and the County and their respective officers, agents and employees, or any of them, the County shall satisfy the same. B. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations, polices or procedures. If any cause, claim, suit, actions or administrative proceeding is commenced in the enforceability and/or validity or any City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorneys' fees. C. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, the City shall satisfy the same. D. The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this Article shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 6. Duration. This agreement is effective beginning upon execution, and shall rernain in effect until terminated by either party. 2;,;,i;,3t either 1nrty ,,3." may terminate this agreement by forty-five (45) days written notice from one party to the other. 8. Administration. This agreement shall be administered for the County by the Director of the Office of Business Relations and Economic Development, or the director's designee, and for the City by the Planning Manager or the manager's designee. 9. Amendments. This Agreement may be amended at any time by written, mutual agreement of the parties. 1 INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 3 of 6 (Between the City of Kent and King County) (January 25, 2007) I11 N VvflNESS ,IHERFjFe arties have excied Lhlc Paremnt n the !?St day e signed below. CITY OF KENT 9 By Print Nam J u z OI Its: i Date APPROVED AS TO/FORM: Kent Law Department KING COUNTY Kin g King County Executive APPROVED AS TO FORM: By: King County Prosecutor P:\Civil\Files\OpenFile%\01Z5-2006\HaMrktandmark-ILA-KC.dot I i INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 4 of 6 1 (Between the City of Kent and King County) (January 25, 2007) Interlocal Contract for Historic Preservation Services Addendum A: King County Labor Costs The following hourly rates for County-provided historic preservation services apply for 2007. The hourly figure incorporates wages, benefits, and overhead as set in the indirect cost rate plan for the Office of Cultural Resources. The figure is adjusted to account for vacation, sick leave and holidays and thus reflects actual working hours. Historic Preservation Officer: $76.25 per hour Preservation Planner: $70.77 per hour Landmarks Coordinator: $59.77 per hour J INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 5 of 6 (Between the City of Kent and King County) (January 25, 2007) Addendum B: City of Kent Expenditure Maximum During the calendar year 2007, total reimbursable costs billable to the City for historic preservation services provided by the County under this interlocal agreement shall not exceed $5,000.00. INTERLOCAL AGREEMENT FOR LANDMARK SERVICES - Page 6 of 6 (Between the City of Kent and King County) (January 25, 2007) ATTACHMENT C — Page 61 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 KENT Fax: 253-856-6050 WA3HINOTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: February 21, 2008 TO: Kent City Council Parks and Human Services Committee FROM: Cheryl dos Remedios, Visual Arts Coordinator THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Earthworks Park Landmark Nomination - Information MOTION: N/A SUMMARY: Mill Creek Canyon Earthworks Park is being nominated for City Landmark designation by the Kent Arts Commission. If the nomination is accepted, this will be the first historic property to be designated by the City of Kent. Historic Preservation Ordinance (Ord 3809, KCC 14.12) requires the City Council to approve nominations before they are sent to King County. The nomination for Earthworks Park will be brought before the Planning & Economic Development Committee for action on March 10, 2008. Visual Arts Coordinator Cheryl dos Remedios will speak on the collaborative effort between the Kent Arts Commission and the City of Kent Public Works Department for this nomination. Mike Mactutis will be available to explain the Public Works portion of this project. EXHIBITS: Staff Report BUDGET IMPACT: N/A Page 63 Staff Report Herbert Bayer Earthworks: a highly significant historic property Landmark Nomination Mill Creek Canyon Earthworks Park is being nominated for City Landmark designation by the Kent Arts Commission. If the nomination is accepted, this will be the first historic property to be designated by the City of Kent. The Earthworks, designed in the early 1980s by internationally renowned artist Herbert Bayer, is a sculpted landscape that functions as a water detention dam for Mill Creek. Explanation of Historic Property Generally, when we think of historic properties, we envision a single, early 1900's building, like the King County Courthouse. Or we might consider a historic business district, such as Seattle's Pioneer Square. Closer to home, the Mary Olson Farm in Auburn provides us with a better example of a how an entire landscape like the Earthworks can be deemed historic. While certainly the Olson Farm includes several buildings, it is the buildings' connections to natural and historic features - such as a century-old orchard, two salmon runs and a wagon road - that make the entire 60- acre Olson property significant. Grants Of primary interest to the Kent Arts Commission are new avenues of funding that would become available with historic designation. This funding could be used for restoring, maintaining and promoting the Earthworks. Again, the Olson Farm is an example of how historic designation can open new avenues of funding, having received 1.2 million in grants including an $80,000 line item from King County Council, grants from the State Heritage Capital Program and 4Culture; $56,000 from foundations; $20,000 from corporations and $16,000 from individuals. Collaboration between the Kent Arts Commission, City of Kent Public Works and King County Historic Preservation One of the unique factors of the Earthworks is that it is an artwork, a public park and a functioning water detention dam. Originally designed as a collaboration between the Kent Arts Commission and the Public Works Department, this collaboration continues today. As Public Works moves forward with altering the Earthworks to meet new Department of Ecology regulations, the Kent Arts Commission requests that the integrity of the artwork be maintained. To this end, the King County Historic Preservation staff have already met several times with the Kent Cultural Division and Public Works to provide their expertise regarding maintaining essential design elements. There is consensus that the outlet structure can be changed and that the Earthworks dam can be raised 2' to create a 10,000 year spillway and increase storm water storage in the Earthworks basin by 18%. This work will go out to bid in late March and construction will take place in August 2008. On a related note, Public Works is seriously considering design ideas developed by the University of Washington's Spring 2007 Construction/Hydrology Studio. Funded by the Kent Arts Commission, the Studio examined ways to maintain the integrity of the Earthworks while meeting storm water requirements along Mill Creek Canyon. Page 64 Process The Greater Kent Historical Society deserves credit for advocating that the City of Kent partner with King County to develop an historic preservation program to protect the city's significant historic properties. This interlocal agreement, approved by the Kent City Council and signed by Mayor Cooke last summer, requires that the Kent City Council pre-approve nominations before they are submitted to the King County Historic Preservation Committee with the addition of Kent representative Jack Becvar (who is a member of both the kent Arts Commission and the Greater Kent Historical Society). The Historic Preservation Committee then determines whether the nomination meets the requirements for landmark nomination. Once designated a historic landmark changes to the property are discussed with the 9 � 9 P P Y three member Historic Preservation Design Review Committee. It is for this reason �- that City of Kent staff is working closely with King County staff in advance of the nomination to ensure that the dam safety project can move forward smoothly within the given timeframe and budget. Exceptional Significance Usually, properties need to be 40 years old or older to be eligible for landmark designation, and we have only just celebrated the Earthworks 25' Anniversary. Nevertheless, the Earthworks may qualify as "exceptional" and therefore be eligible for designation based on its association with the great Bauhaus master Herbert Bayer, for the remarkable role it played in the evolution of public art, and as a highly distinctive example of modernist landscape architecture. In addition to nominating the Earthworks on the local level, the Kent Arts Commission is also submitting a nomination for listing in the National Register of Historic Places, and it is hoped that the Earthworks will be accepted and designated "nationally significant." Along with the prestige, these designations would qualify the landscape for federal, state and local funding programs, which would help the city maintain and restore the landscape. Statements received from artists, landscape architects and historians during last summer's 25"' Anniversary Earthworks Celebration verify the importance of the Earthworks and Herbert Bayer's influence. Economic Benefit One of the most rapidly growing sectors of our regional economy is cultural tourism. Featured in many publications, the Earthworks has most recently been included in Destination Art, "the first critical guide to the two hundred most important modern and contemporary art sites around the world." The Kent Arts Commission has recently published a self-guided tour that includes Bayer's Earthworks, the Robert Morris Earthwork and Lorna Jordan's Waterworks Gardens, as well as the Green River Natural Resources Area, which attracts international birdwatchers. The Earthworks is already highly valued by art and design communities throughout the world. History and historic preservation are increasingly capturing the general public's attention. If landmarked, the City of Kent will be able to capture an entirely new audience which is plugged into history through websites and organizations such as Historylink and the King County Historical Societies. Since this audience is currently unfamiliar with the Earthworks, landmark designation would significantly expand the base. Moving forward with this landmark nomination will add yet another star to the map for Kent. Parks and Human Services Committee Agenda • Council members: Deborah Ranniger- Elizabeth Albertson - Ron Harmon KENT February 21, 2008 WAS ...TO4 5:00 P.M. No. Description Action Speaker Time Page 1. Approve Minutes of January 17, Yes N/A 05 1 2008 2. DSHS Grant Agreement for Safe Yes Katherin 05 7 Havens - Authorize Johnson 3. 2007 Community Development Yes Katherin 10 21 Block Grant CAPER - Authorize Johnson/Dinah Wilson 4. 2008 City Art Plan and Five-Year Yes Cheryl dos 05 53 Art Plan - Approve Remedios 5. Earthworks Park Landmark No Cheryl dos 10 61 Nomination - Information Remedios 6. Senior Center Weight Room No Lea Bishop 05 65 Remodel Project - Information 7. Aquatic Center Update - No Jeff Watling 05 67 Information 8. What's Happening in Parks No Jeff Watling 05 69 Unless otherwise noted, the Parks Committee meets at 5:00 p.m. on the 3rd Thursday of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information, please contact the Parks, Recreation and Human Services Department at (253) 856-5100. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. ISO ATTACHMENT D LN King Office of Business RAW"and Economic Developm� Hisboric Preservation Program 701 FRh Mex e,SuRe 20M[MS;BOA-IX-20001 Seattle,WA 98104 206.205.0700(v) 206.205.0719(0 www.nxbd c9ov/eaegbre4M* February 21, 2008 Cheryl dos Remddios, Visual Arts Coordinator Cultural Division, City of Kent cdosremediosQa ci.kent.wa.us Cheryl, This letter is at the request of Public Works employees in regard to the Bayer _ Earthworks designation as a City of Kent Landmark. As you are aware, Public Works is developing bid documents to increase the spillway and detention capacity at this site. Their concern was that the documents would be prepared prior to designation and then the Kent Landmarks Commission would request changes to the plans. While I cannot speak for the Landmarks Commission, the staff of the Commission has been working diligently with your office, the Public Works Department, and the engineering consultant to make certain that the planned changes do not impact the designation or create a problem once the designation has been approved. I am confident that the proposed changes are an acceptable solution. We have met on several occasions with City staff and Mary Weber of R.W. Beck to discuss the details of the improvements. We have been provided with sufficient documents indicating minimal change in the earthworks' significant features. The consultant has taken into account suggestions made by our staff and has adequately addressed each one. I look forward to the improvements made to the park and to its designation as a Kent Landmark. Please contact me if you have additional questions regarding this matter. Respectfully, J. Todd Scott, AIA Design Review Coordinator ' King County Historic Preservation Program todd.scottna kingcounty.gov Attachment E Mill Creek Canyon Earthworks ' City of Kent Landmark Nomination 2126108 DRAFT Physical Description ' Herbert Bayer's Mill Creek Canyon Earthworks (Earthworks) is located in Mill ' Creek Canyon Earthworks Park in Kent, Washington The Earthworks is a designed landscape composed of a variety of topographic features, pathways, water features and lawns which function together as a public park, stormwater retention facility and landscape art work The 2 '/2 acre site is nestled in the northeast corner of the park. This is the flattest most open portion of the park where the canyon broadens and the creek flattens and slows as it crosses the ' Green River floodplain to join the river. The Earthworks is bounded by East Smith Street/Canyon Road SE (SR 516) on the north, East Titus Street on the ' west, Reiten Road on the south, and a millpond/sediment pond immediately upstream to the east. The Earthworks is a lawn-covered topographical arden/ ark superimposed on a 9 P stormwater detention facility Its mounds, ridges, pools and voids mirror and balance each other in the composition of the whole. Stormwater detention makes the Earthworks a dynamic landscape. when heavy rains flood the creek, its normal flow continues through a culvert beneath the dam but the excess slowly fills the two-part basin behind the dam. A large upright cylindrical overflow spillway set in the northeast flank of the dam prevents the impounded water from ' flowing over the dam. During flooding the basin becomes a plane of water, and: "Between submersion and exposure, [the Earthwork's elements] read as islands, atolls, ditches, ponds, and berms, showing the dynamic changing relations between positive and negative form, water and land, solid and void" (Langhurst and Firestone, p. 71). Draft Nomination Page 1 of 35 Attachment E Site Elements The site is composed of three distinct spaces- a grassy, bumpy bowl that opens ' westward, toward Kent's commercial core, and a two-part holding basin behind the dam that is divided by a raised pathway. Mill Creek and a serpentine pedestrian pathway run around and through conical and circular earthen mounds and ponds, and cross under and over an earthen dam and a raised cross-canyon ' pathway that are both perpendicular to the canyon's east-west orientation. Native vegetation and single rows of poplar trees bound the Earthworks along its north and south boundaries, emphasizing the bowl-like topography. The site further contains the following character-defining features: ' • Sculpted landscape forms/topography including: o a grass-covered earthen dam, called the "large berm" by Bayer that retains stormwater during winter floods. On its west face, the dam is contoured to integrate into the surrounding landforms and mask its functional purposes. Bayer's intent here was "to give the dam a more , natural, curvilinear appearance by introducing landforms on both its flanks. While highly geometric, [the landforms] grew out of the linear expanse of the dam, thus softening an otherwise harsh, engineered appearance" (Baird, 2003, p. 71); , o a six-foot tall, circular grass-covered cone on top of the "large berm" with a diameter of 46 feet at its base. This is the highest topographical point within the Earthworks; o an eight-foot tall grass-covered `oval mound' at the west base of the dam, with side slopes of varying steepness. Bayer's intent here was to "extend the total design towards the city and...add design ' articulation to the west face and vegetation of the large berm" for viewers on top of the dam (Bayer, 1982). The mound's footprint is approximately 40 feet by 70 feet. o A smaller, "secondary berm" dividing the holding basin behind the dam into two parts This cross-canyon berm is raised approximately Draft Nomination Page 2 of 35 Attachment E ten to 12 feet above the basin floor, roughly parallel to the dam, and extends over the creek to the north side of the canyon as a raised walkway; o A "cone mound" capped with a concrete viewing platform, located in the middle of the raised walkway; o A"ring mound," which is a five-foot high, 100-foot diameter ringed- berm of grass that is truncated by arced concrete retaining walls where the path and stream bisect it. • Water features, including: o Mill Creek, in its semi-natural channel; o a rock-lined watercourse that runs through the eastern portion of the holding basin and connects the mill/sediment pond to Mill Creek; o A circular pond containing a raised ring of earth, inside the basin to the east of the dam Measuring almost 90 feet across, this pond is the focal point for the first "catch basin" (Bayer, August 1982). While it was originally designed to empty during the driest periods of the year (Bayer, August 1982), it is currently filled with water throughout the year though the water level fluctuates seasonally. This has been the case for a number of years and may be due to a high water table (dos Remedios, 2007). Water-tolerant plants are now growing year- round in part of the ring pond. • Circulation features, including: o a six-foot wide asphalt path that meanders from west to east through the Earthworks, rounding the mounds, crossing the dam at an angle and passing under the raised cross-canyon walkway on the way to the mill/sediment pond, o A ten to 12-foot wide walkway and utility drive along the top of the dam, which connects with a small, raised, wooden walkway leading to a circular observation platform atop the spillway structure. This platform is the same size and shape as the platform above the cone mound to the east, inside the holding basin, Draft Nomination ' Page 3 of 35 Attachment E r o a raised cross-canyon wooden walkway with guardrails, connecting the "secondary berm" in the holding basin with the "cone mound" and r the north wall of the canyon; o both the center of the "ring mound" and to the west of it; r o a parking lot and entry drive at the level of the dam, approached from the southeast off Reiten Road; ' o a service drive and walkway along the south edge of the holding basin, between the parking lot and the millpond/sendiment pond; o small circulation features including the asphalt paths, wooden bridges, and service roads as well-as two stairways leading to East Smith St/Canyon Road SE. • Vegetation, including: o single rows of poplar trees along Reiten Road and East Smith Street/Canyon Road SE (SR 516); r o grass lawns throughout the site, which create a continuous abstract, curved surface; o large native trees, primarily alders, and understory vegetation on the north and south canyon walls to the east of the poplar plantings. • Buildings and furnishings, including: o a small, rectangular restroom facility (198?) added after initial r construction, the design and siting of which were approved by Bayer. The one-story, masonry building was designed by landscape architects Jones and Jones, and boasts the City of Kent's first green roof. The roof functions as a viewing platform overlooking the Earthworks. The roof is accessible via a small asphalt path from Reiter Road and a concrete staircase on the east elevation of the r building; 0 original site furnishings including the bollards that line the parking lot and portions of Reiten and Titus Roads. It should be noted that Bayer himself had little to do with, nor did he care all that much r about, the original placement of benches, trash cans and other site 1 Draft Nomination Page 4 of35 r r Attachment E elements within the park. Though he wanted these pieces as part of the park experience, he left the task of placing those elements up to the engineering consultants, URS Company (Baird, 2003, p. 75). Non-historic elements include: • white paint on the retaining walls of the ring mound; • the mural on the fagade of the restroom building; • rubber-coated metal trash cans, aluminum benches, and a green pipe drinking fountain; and, ' • pipe and rock drainage structure east of the parking lot at the edge of Reiten Road. Chan t the Site Changes o The significant character-defining elements of the site retain remarkable integrity, including spatial organization, land patterns surrounding the site, topographic relationship between site elements, water features, and the circulation system. Additionally the original site furnishings, structures and objects generally display a high degree of integrity, though some small elements, notably the two sets of stairs leading to East Smith Streets/Canyon Road SE (SR 516), are now degraded to the point of being unusable, while others, including some of the picnic tables, have been removed or relocated. Several newer furnishings have ' been added to the landscape, including a water fountain and several rubber- coated, metal trashcans, and various aluminum park benches. Changes to the vegetation are more extensive. When the Earthworks was constructed the visual delineation between what was "natural" and what was built was distinct, due in large part to the minimal plant palette of the lawn and the poplar trees. The simple plantings contrasted strongly with the richly textured foliage and forms of the adjacent wild forest. Today, those sharp boundaries ihave eroded, particularly near the water. Plans and historic photographs clearly show a continuous surface of grass that covered the landforms and extended to Draft Nomination ' Page 5 of 35 Attachment E the creek's edge Since construction aquatic vegetation has grown within and along the water features. The rock-lined side channel is now filled with vegetation and a large part of the circular pool (both the outer ring and the , center) has aquatic plants growing in it. The west (creek) side of the ring mound and the banks of Mill Creek are covered with native and invasive species, including Himalayan blackberry and English ivy. ' The presence of salmon in Mill Creek has constrained the hands of the City of ' Kent's Parks Department, which stewards the site. While mechanized vegetation management occurred in the riparian areas in the past, today intensive ' maintenance is not conducted due to regulatory and funding restrictions. This lack of maintenance has the potential to significantly alter the site and to return portions of it back to a "natural" state which would quickly diminish its integrity. Summary ' Despite the vegetation issue, the Earthworks is remarkably well-preserved and maintains the strong feeling of "a walk through sculpture" (Clark-Lanager, p. 28). The earth landforms, the restrained materials palette, and the circulation route ' are easily discernable despite stresses from a quarter-century of flooding, dynamic disturbance and normal wear and tear. The sculpted landforms are in ' excellent condition and their topography does not appear to have been altered, other than by settling. The clarity of the original spaces and the visual , relationship between the landforms has been obscured somewhat due to the growth of invasive plants, particularly along the riparian corridors. However, ' overall the Earthworks has sustained minimal change since its construction in 1982. Draft Nomination Page 6 of 35 , ' Att achment E Statement of Significance ' The Earthworks is significant under Criterion A3 as an internationally-renowned functional art work, an outstanding example of earth art, and a rare example of ' landscape architecture expressing spare Bauhaus modernism. It is also significant under Criterion A5 for its association with Herbert Bayer who designed the site in 1982. Bayer made substantial contributions not only to the field of earth art, but to American arts and design as a whole. The Earthworks is also noteworthy for its association with the historic Earthworks: Land Reclamation as Sculpture symposium sponsored by the King County Arts Commission in 1979, which made a significant contribution to the development of Public Art in the region and nation. 1 Site Histor y ' The City of Kent, Washington is built on the banks of the White/Green River, south of the City of Seattle. For at least 10,000 years, Native Americans lived in the area. Euro-Americans settlers arrived in the Green River Valley in the early 1850s and settlement boomed in the 1870s and 1880s after conflicts with the Native Americans were suppressed by military force Henry Yesler of Seattle platted a townsite in 1884 and on May 28, 1890, the town of Kent was incorporated ' Though an agricultural community at first, new businesses and buildings soon came to town, and many civic institutions were in place by the turn of the century. Near the stream that became known as Mill Creek, The Kent Lumber Company started a mill in 1890 to clear the heavily forested slopes above it. "Loggers using caulks and carrying peavey poles would use oxen to pull huge logs along the skid road to Mill Creek canyon. Logs were hauled to the canyon edge and rolled ' down the slope into the mill pond" (Van Nest, 2007). ' Flooding in the Kent valley was a constant threat during the wet months, since the town was built within the flood plain of the White/Green River system. Draft Nomination ' Page 7 of 35 Attachment E Diversion of the White River near Auburn in the early 1900s reduced the sever , flood hazard and allowed the town to expand. 1 Continental railroads and interurban commuter lines propelled the growth of the town in the early 1900s, and Kent became more prosperous and permanent. Modest growth and the creation of many civic institutions continued apace until ' the 1960s when the Army Corps of Engineers erected a flood control dam to regulate the flow of water along the Green River. With protected, year-round dry land, the dam also played a large role in moving the local economy away from agriculture and into the mix of land uses that is prevalent today of transportation ' corridors, industrial uses, housing and warehouses. Expansion followed with larger retail businesses, a new city hall, a library and more post offices coming to ' the community. The size of the city changed too, enlarging from one square mile to 12.7 square miles. , As Seattle expanded, Kent became a commuting suburb for the city, and the relatively untouched lands above Kent were developed as a mix of residential suburbs and shopping centers. Today Kent is the 8t" largest city in the state with ' a population of over 88,000. Kin Count Arts Commission and the Earthworks Symposium J Y In 1979, the King County Arts Commission (KCAC) convened a symposium ' entitled Earthworks: Land Reclamation as Sculpture, and invited eight artists "to create reclamation plans, conforming to all local and state reclamation standards, in the form of earthwork proposals" (Seattle Art Museum, 1979). The symposium and the associated executed works were hailed as groundbreaking. Two distinct projects emerged from the symposium. One was a tangible, built work: Robert Morris' Johnson Pit #30. Located in SeaTac, Washington (across the Green River Valley from Bayer's Earthworks) Morris' piece reclaimed a ' Draft Nomination Page 8 of 35 ' Attachment E denuded and degraded gravel pit and transformed it into a carefully terraced landform, with ghostly creosote-soaked telephone poles and tree stumps. The second project involved inviting artists to look at one of the 104 publicly owned mining sites in King County and to create proposals for how to reclaim the ' land. The artists who were invited to submit a proposal included: lain Baxter, Richard Fleishner, Lawrence Hanson, Mary Miss, Dennis Oppenheim and Beverly Pepper. It is unclear whether Herbert Bayer was commissioned as part of this second phase of the symposium (Seattle Art Museum, p. 5), or whether ' Bayer was hired under a separate, coincident contract by the City of Kent (KCAC, p. 5). City of Kent staff report that when then-Mayor Isabel Hogan heard about these invitations, she asked the KCAC to choose an artist for the Mill Creek site as well. The selection panel, chaired by Charles Cowles, was reconvened and Herbert Bayer was commissioned by the City of Kent (dos Remedios, 2007). The proposals put forth were exhibited at the Seattle Art ' Museum's Modern Art Pavilion beginning in August 1979. While resources were not put forth to execute any of the proposals, Jerry Allen of the KCAC noted in the 1979 exhibition catalog " ..it now appears that two will be going forward: Herbert Bayer's project for Mill Creek Canyon in Kent is scheduled for construction in 1981. Richard Fleishner's four hundred acre Lakeside Sand & Gravel Pit is proceeding into an engineering and feasibility study to be funded by the U.S. Bureau of Mines" (Seattle Art Museum, p 5). Fleishner's proposal does not appear to have moved beyond the feasibility phase, making Bayer's Earthworks and the Robert Morris Earthworks the only projects associated with 1 the symposium that were built. The symposium, exhibition and the executed works by both Morris and Bayer were all well received. Writing in the exhibition catalog, Executive Director of the ' KCAC, Yankee Johnson, noted the dual nature of each of the commissioned works: Draft Nomination ' Page 9 of 35 1 Attachment E i On the one hand, the commission would enlist artists to prepare proposals for earthworks that would introduce the work of important , contemporary artists to the Northwest. On the other hand earthworks would be employed as a vehicle in land reclamation and might, in fact, offer cost effective alternatives to more traditional ' modes of reclamation. (Seattle Art Museum, p. 7). This marriage between art and infrastructure, the aesthetic and the practical, also encouraged an unprecedented number of agencies to contribute to the funding , that made the symposium possible including the King County Department of Public Works, U.S Bureau of Mines, U.S. Department of the Interior, and the ' National Endowment for the Arts. Monies also came from the local 1% for the Arts" program, the Buckeye Trust, and various other groups and individual donors in the arts community. Bureaucratically, the symposium created unease within local government, largely , Y9 due to the unprecedented level of collaboration needed to execute such a ' complex event. Yet even these issues - though difficult at the time - have since been framed as a net positive for the arts constituencies both locally and nationally. According to a King County Technical Report, the KCAC had to step out from beneath the umbrella of the County Executive's office and collaborate with "its sister agencies" (Jones, p. 64). Rather than operating as an autonomous agency, the KCAC worked with "the County Council, the Budget Division, the Department of Public Works, the Architecture Division, the Parks Division, the Real Property Division and others" (Jones, p. 64). This inter-agency collaboration was not without its problems. As the KCAC Technical Report notes, "Miscommunications and misunderstandings created obstacles which made the project more difficult to administer". Yet for first-time , collaborations on a high-profile project, the Earthworks Symposium was Draft Nomination Page 10 of 35 Attachment E remarkably successful and provided a host of "lessons learned" that made the experience an extraordinary growth experience for the local arts community, and a model for arts organizations around the country. Remarking upon the inter- agency friction, Jones noted, "all of this has created a new awareness within the Arts Commission of its role in County government, and the need to hold dialogue ' and form working relationships with other branches of the government, all of which are public-serving bodies" (Jones, p. 65). The impact of the Earthworks: Land Reclamation as Sculpture series was felt throughout the country, not just in King County. After closing at the Seattle Art Museum, the exhibition traveled across the United States and Canada for the next two-plus years. Beginning in December 1980, and finally returning in February of 1983, the Earthworks exhibition traveled to the San Jose Museum of Art, Santa Barbara Museum of Art, La Jolla Museum of Contemporary Art, Phoenix Art Museum, Amarillo Art Center, Tyler [Texas] Museum of Art, The ' Winnipeg Art Gallery, University of Iowa Museum of Art, South Dakota Memorial Arts Center, Springfield Art Museum, The Center for the Visual Arts Gallery at Illinois State University, Kentucky's J.B Speed Art Museum, and the Toledo Museum of Art. Fundingand Supporting Bayer's Earthworks in Kent pp 9 Y The construction funds for Bayer's Earthworks were as diverse as the funding sources of the symposium as a whole. The KCAC Technical Report indicates ' that funding came from the National Endowment for the Arts, King County Arts Commission, Housing and Community Development, various private contributions, the City of Kent, and the Washington State Arts Commission (Jones, p. 62) The Earthworks was not without controversy of its own. Already, South King County residents were concerned about public expenditures on artwork, particularly after Robert Morris's Johnson Pit #30 was damaged shortly after Draft Nomination ' Page 11 of 35 Attachment E completion due to erosion problems stemming from a late planting of stabilizing groundcover. "The community was afraid of a `fiasco' at public expense" (Jones, p. 63). This minor controversy soon subsided and fundraising began anew. , Within the Kent community too, everyone did not initially embrace the , Earthworks. Several city council members were concerned with the cost since it was "estimated the earthwork would add about $133,000 to the retention basin project" (Kent News Journal, December 12, 1979). However, soil problems gave the KCAC a reprieve, and over the next year it was able to independently raise the funds needed to execute the Earthworks. The vast majority of the community was tremendously supportive of the project as a whole, and sold Bayer-designed posters to raise funds to bring the Earthworks to fruition. Today the piece is recognized as "a paradigm of Public Art and public ' participation" (Baird, 2003, p. 70). Recently, Jerry Allen noted that the Earthworks helped "move the field of Public Art away from 'art in public places' and into the realm of 'meaning of place' (Allen, 2007). Previously, Public Art was large-scale , studio work that did not consider the uniqueness of place or community. The symposium helped shift the practice of Public Art towards a collaborative discipline that explores specificity. Along with King County, the Seattle Arts Commission also moved to expand the boundaries by including artists on the , design team for City Light's Viewland/Hoffman Electrical Substation in 1978. Healthy competition between King County and the City of Seattle caused both jurisdictions to become early adopters of Percent-for-Art ordinances and to remain leaders in the field to this day, routinely including artists in the earliest phases of construction projects. However, even in this region, functionally integrated artwork remains rare. ' In short, Bayer's Earthworks played a highly significant role in the evolution of Public Art. First, it was instrumental in shifting the practice of Public Art toward environmental design, wherein the art is integrated directly into the construction process rather than being a decorative add-on at the end of a project. Second, 1 Draft Nomination Page 12 of 35 , Attachment E the symposium and the Earthworks were instrumental in shifting the concept of Public Art from one of placing discrete works of art in public locations to creating artful public places with strong aesthetic qualities Herbert Bayer By the time an elderly Herbert Bayer came to Western Washington to execute the Earthworks, the former Bauhaus student and instructor had already proven ' himself a remarkable designer within the fields of typography, exhibition design, product design, sculpture, and photography. With his emphasis upon the Bauhaus ideal of"design for living" — i.e. incorporating aesthetic, humanizing concerns into every aspect of our lives — it is little wonder that much of his work is portable, accessible and mass-marketed. Within this context, Bayer's work in Kent is one of his first attempts to create a design that is rooted within the democratic concerns of Bayer's training at the Bauhaus, but which is also thoroughly grounded in the phenomenon of place. Herbert Bayer was born in Haag, Austria on April 5, 1900. His father, a Y 9 p government revenue officer, and mother encouraged young Herbert's interest in nature and art, allowing him to roam in the hills and mountains near his childhood home in Linz with his sketchbook-, this experience instilled a lifelong love of mountain landscape in Bayer. Although he had aspired to attend art school in ' Vienna, his father's early, unexpected death dashed those plans. Instead, Bayer took a position as an apprentice in the local architecture and decorative arts studio of Georg Schmidthammer, where Bayer gained valuable skills in graphic design, drafting and production. Looking for a change, Bayer migrated in 1920 to ' Darmstadt, Germany, where he worked for the architect Emanual Margold. Between his duties creating package designs, Bayer heard stories of an emerging national design school in Weimar. Bayer was accepted into the Bauhaus in October 1921. Draft Nomination Page 13 of 35 Attachment E The education Bayer received at the Bauhaus shaped the rest of his life. Under the influence of Walter Gropius, Laszlo Moholy-Nagy, and Wassily Kandinsky, Bayer gave himself over to the school's philosophy of functional design. Though , he maintained interest in painting and photography, he was encouraged by , Gropius to focus in the areas in which he excelled: typography and graphic design. In 1923, Bayer took a break from his studies to travel in Italy. As in his boyhood, Bayer walked extensively, stopping to sketch or paint when the mood suited him. Complementing his academic focus on the functional arts, Italy nourished Bayer's respect and appreciation for nature and art. Upon returning to the Bauhaus in late 1924, Bayer continued to experiment with and explore a variety of techniques. After passing his examinations in February 1925, he was invited to the school's new home in Dessau to teach typography and graphic design. Bayer's tenure as a master at the Bauhaus was as important to him as his ' education there had been. His Bauhaus position allowed Bayer to accomplish ' two important goals. First, he was able to continue his experimentation with various media, resisting categorization into a single art form. And second, he was able to initiate his professional design practice. Bayer was also instrumental in making the Bauhaus synonymous with an emerging, modern design aesthetic. Beginning in 1925, the Bauhaus adopted a fresh graphic design identity to use in all of its correspondence and publications. The Bauhaus graphics incorporated a , newly created sans-serif lower-case typeface called Universal, which was designed by Bayer. In 1928, Bayer along with Gropius, Moholy-Nagy and Marcel Breuer left the , Bauhaus for Berlin. There, Bayer established his own design firm. Berlin gave Bayer opportunities to increase his professional scope and acclaim. Working with such clients as Vogue magazine and the international advertising agency Dorland, he used his photography, which revealed the influence of surrealism and Dadaism on his work, into his graphic design commissions. Bayer was also Draft Nomination Page 14 of 35 Attachment E ' asked - along with Gropius, Moholy-Nagy and Breuer - to design an exhibition for the Societe des Artistes Decorateurs in Paris. Other design commissions to create exhibitions followed, including work for the Building Workers Union, ' Berthold Type Foundry, German Cork Industry and various industrial and traveling exhibitions. This experience and his reputation as a modern exhibition designer would prove important for Bayer's successful move to America Fleeing the repression of Nazi Germany, Bayer moved to New York in 1938 and established an office below the Museum of Modern Art (MoMA), then housed in ' Rockefeller Center. Spurring Bayer's emigration was his nomination — by a group of his former Bauhaus colleagues — to assemble the first major Bauhaus exhibition in the United States, to be held at MoMA. Upon its opening, Bauhaus 1919-1928 was hailed as a pioneering moment in American exhibition design. aThe acclaim of this success quickly led to two more exhibition design commissions for: Road to Victory, directed by Edward Steichen at MoMA, and 1 Airways to Peace, an exhibition on flying. Parallel to this exhibition design work, graphic design remained the mainstay of Bayer's practice, and he worked for a variety of high profile clients while in New York. Life and Fortune magazines both used his services, as did book publishers and corporations, including General Electric and the Container Corporation of America During the holidays of 1945, Walter Paepcke, the head of the Container Corporation, had Bayer as his guest in the rundown mining town of Aspen, Colorado. There Paepcke offered Bayer a position as the design consultant to both his company and to the dilapidated town as it was being transformed into a ' world-class ski resort. The allure of the mountains combined with the scope of the project trumped Bayer's reservations about abandoning his successful Lpractice in New York. Bayer moved to Aspen, where he remained until 1974. 1 Among several smaller projects in Aspen, Bayer's largest responsibility was the design of the Aspen Institute for Humanistic Studies This project was Bayer's Draft Nomination Page 15 of 35 Attachment E first opportunity to work within a site-specific context to create a physical , intervention that worked with its environment. Bayer's scheme harmonized the program elements of a conference center, hotel rooms, restaurants and a health ' and exercise center with the surrounding natural topography. Bayer relished this , environmental design challenge and began to create several landscape pieces. Reflecting on his work in 1967 during the height of his design career at Aspen, he seemed to reflect upon in the work of his career "and art, now produced for a minority, must become art with meaning for the majority" (Bayer, 1967, p. 142). ' In 1955, the first of Bayer's sculptural environments was built in Aspen. Marble ' Garden consisted of a series of up-ended marble slabs set onto a plinth to provide refuge from the open lawns of the Aspen Institute. Adjacent to this piece was Earth Mound (also called Grass Mound), dubbed by Jan van der Marck in his book, Herbert Bayer: from Type to Landscape, "the first instance on record of landscape as sculpture". A 40-foot diameter berm, Earth Mound formed a circular mound within the grassy plane, a place to sit and read within Aspen's expansive meadows. Although Bayer himself never acknowledged the relationship between his work and earthworks — he did not like the appellation, nor did he like being labeled — Bayer's outdoor work in Aspen formed the precedent for the earthworks movement that was to emerge a full decade later Though he continued his design work, developing marketing materials for Aspen and the Container Corporation, Bayer did not work with earth again until 1973 when he designed Aspen's Anderson Park, the largest of his environmental projects. Borrowing elements from Marble Garden and Earth Mound, Bayer created in Anderson Park a series of paths that meandered over and around geometric berms, divots and rings. 1 Bayer's work in the landscape expanded into outdoor sculpture as well, including Aspen's Kaleidoscreen (1955); Articulated Wall (1968), a commission for the ' Mexico City Olympics; and Double Ascension, built for Atlantic Richfield (ARCO, Draft Nomination Page 16 of 35 Attachment E 1972). Bayer also remained active in graphic design, book layout, mural i painting, publishing, exhibition design and industrial beautification. His painting ■ also flourished, with imagery influenced by surrealism, modernism and color ' theory as well as Bayer's personal experiences. ' Though these years were pleasant and productive for Bayer, the harsh extremes of Aspen's climate were taking a toll on his health. In 1975, Bayer moved to Montecito, California. Though removed from the place that he had shaped for 30 years, Bayer still continued to work on a variety of projects. His work for ARCO occupied much of his time, particularly the Breakers project, which involved renovating and redesigning the interior and exterior spaces of an aging mansion 1 overlooking the Pacific Ocean, making it into a plush executive training headquarters. And as always, Bayer continued to paint. In California, his visual language became more introspective and regressive. Lifelong themes of mountains and geology, nature and color come to the fore in his Anthology series of paintings. Bayer's environmental work, however, was not yet complete. His final environmental work in Kent's Mill Creek Canyon Park combined the sculptural vocabulary of his Aspen projects with ecological functionalism. The 2 '/z-acre site was designed to retain Stormwater from the eponymous watercourse as it flowed ' down through a narrow canyon. A series of berms, mounds and excavated rings provide sculptural interest for viewers as they meander through the composition. The site reads like a graphic composition, drawing upon Bayer's core skills as a print designer In this respect it is unique to the genre, an exceptional example of earth art. While the compositional underpinnings relate the work as an extension of his oeuvre, Earthworks is Bayer's most publicly acclaimed work due to its successful resolution of two perceived competing interests: art and ecology. However, the Bauhaus master likely saw both of these components as merely integrated parts of the larger field of design practiced in its myriad of expressions Draft Nomination 1 Page 17 of 35 Attachment E — an approach he had employed for his entire, remarkable professional career. i Herbert Bayer died in Montecito, California, at the age of 85. Land Art , In 1979, the idea of earthworks as a legitimate medium for art was seen as both ancient and unassailably modern. Aside from appreciation of pre-historic ' examples like Stonehenge, the Great Serpent Mound at Chillicothe, or South Asian stupas, the contemporary vogue for earthworks/land art/earth art/environmental art began at the beginning of the environmental movement in the mid-1960s. Largely frustrated by American society's treatment of the natural world and by the commoditization of art by the art scene of dealers and galleries, a line of New York artists began to look toward the Western United States not ' only to remove their artwork from the pedestal, but also to re-write the rules of capitalism within the art market. Who owns an artwork when it is on public land? Is the photograph of the piece the commodity? Who can visit the artwork? And when a piece is too large to take home, how can collectors and patrons possess and own the art? Some of the earliest and highest-profile earth artists were Robert Smithson , Robert Morris, Michael Heizer, Walter de Maria, James Turrell and Nancy Holt. True to the revolutionary spirit of the 1960s, these 20 and 30-something artists were actively seeking a new way to engage nature and to transform art. The ' limitless expanses of the American West was often their canvas, and early experimentations took the form of lines placed in the desert; holes dug into the landscape; and meditations of form/void, natural/man-made among the outcrops and sage brush of the basin and range country. ' While these artists often looked toward ancient examples of earth art, they also found elder statesmen who had already begun to experiment with the earth as an artistic medium. Of these, it was Herbert Bayer who was most actively pioneering the exploration of the subject. As the earth artists of the 1960s looked Draft Nomination Page 18 of 35 Attachment E ifor early examples, Bayer's 1955 Earth Mound at the Aspen Institute was one of the few that began to illustrate what they were trying to achieve (Kastner and Wallis, p. 14). 1 In 1967, Bayer himself seemed to presage the execution of the Earthworks 15 years later- "The structures which man erects will not compete with nature nor set themselves up against it. Both natural environment and man-made environment can exist with each other if their boundaries are understood" (Bayer, 1967, p. 150). Bayer clearly saw what he was doing in Kent as a tightly composed artwork with a function. Bayer wrote about and described the Earthworks, thus, "They express a play of positive and negative three-dimensional bodies, light and shadow, surface textures, water, motion, and sound, all qualities of sculptural art, to make a walk through it an enjoyable experience of diverse facets of tranquility and serenity. In particular, it is an experience of contrast of geometry and harmony with nature" (Bayer, August 1982). ' It is important to note that this particular work represents the single purest P 9 expression of Bayer's Bauhaus ideals of design as part of everyone's lives. By marrying form and function in a highly-visible public setting just footsteps from downtown Kent, which is surely a geography of the "everyman", Bayer's continuing commitment to democratic design was executed in a manner that is most meaningful to "the new audience, ordinary people" (Clark-Lanager, p. 14). Here was a place that expertly 1 fulfilled its functional requirements while also creating a welcoming, egalitarian, joyful artwork for everyone to enjoy as a recreational amenity. In this way, the Earthworks is distinct from the works being executed by the younger generation of land and environmental artists. Surrounded by suburban homes, there was little of the stark appearance, contrast and or inaccessibility (geographically or intellectually) that was a hallmark of the works of other 1970s earth artists such as Michael Heizer, Robert Smithson and James Turrell. 1 Draft Nomination Page 19 of 35 Attachment E Bayer's work was intended to be art at the service of the people in the vicinity, integrated with other functions, and in partnership with nature. Despite these non-assertive motives, the piece was still immediately recognized in the design and aesthetic communities as representing a new vanguard for environmental design, and a significant evolutionary moment in the fields of environmental art, landscape architecture and civil engineering. , Commenting on the evolution of Bayer's work, Sarah Clark-Lanager notes, "From his initial grass mounds at Aspen Meadows — later incorporated into Anderson Park, Aspen Meadows, 1973-1974 — to his proposal for the reclamation of Mill ' Creek Canyon, City of Kent, Bayer's lifelong concerns are easily discerned: effective visual communication, ability to grasp the particular qualities and conditions of a given place, interest in geology, love of mountainous environments, and inclination toward primal elements" (Clark-Lanager, p. 28). For the internationally renowned sculptor and Public Artist, Beverly Pepper, it , was Bayer's use of form and material for psychological effect that has resonated for her: He used grass before any of us — and knew how to make mounds feel deeply mysterious: grass mountains, so earth-laden and earth- derived, and yet still feeling like they came from another planet. Looking back, I realize how much of an influence that sense of mystery exerted on my own use of material and making of shape — clearly Herbert Bayer was an important influence on many land-art (earth) sculptors, as well as landscape architects (Pepper, 2007). The "first wave" of earth art crested with Robert Smithson's monumental Spiral Jetty. A static gesture thrust out into the entropic plane of Utah's Great Salt Lake, the piece became the icon of the environmental art movement. While Spiral Jetty was a high point, those engaged in the creation of earth art continued to look to the next horizon. Early practitioners continue to engage the medium Draft Nomination Page 20 of 35 Attachment tta ment E including Kim Jones, James Turrell, Dennis Oppenheim, Michael Heizer and others; while artists like Lorna Jordan, Mary Miss, Mark Dion, Mel Chin, Andy Goldsworthy and others take environmental art into different aesthetic and 1 natural media arenas. The aesthetic engagement in the natural world seems to have taken on an even greater importance today with the growing awareness of global climate change and our interrelationship and interdependence with the natural world. Near Bayer's Earthworks, in Mercer Island, WA, the artist and landscape architect John Hoge also completed a significant earthwork called The Source in 1980, which was likely informed by the Earthworks symposium the year before. The Bayer Earthworks has tremendously influenced contemporary artists Installation artist Stacy Levy recalls: The Herbert Bayer [Earthwork] in Kent was the first art piece I knew that had two distinct lives: one wet, one dry And that concept — that a piece of sculpture could show you the changes in the landscape — was pivotal to me (Levy, 2007) And artist, architect and landscape architect Tom Drugan's sentiment connects contemporary artistic practice with the entire experience of the Earthworks: Land Reclamation as Sculpture, and the Bayer Earthworks. Luckily for us, enlightened artists such as Bayer, and enlightened public agencies such as King County and the City of Kent showed the world how Public Art can reach beyond the metaphorical and iconic, and through collaborative efforts create a multidimensional environment that is both aesthetically rich and functionally dynamic. (Drugan, 2007) Draft Nomination 1 Page 21 of 35 Attachment E It was this quality of function and service that was also a radical departure for the artistic community. Here, in King County and the City of Kent, art had apparently assumed what its critics complained it did not have: utility. "Then the idea of ' using artists to restore nature was revolutionary. It challenged the very notions of ' what art could, or should, be" (Ament, 1993). As Tim Baird has recently framed the issue: Herbert Bayer's work was unique at the time in that one of the driving forces behind it was his strong dedication to the idea that art should have social utility, an approach attributed to his Bauhaus training and his ability to bridge many disciplines. He felt strongly that his work would more fully engage the public through the fusion of art and technology. If the lay person or casual observer of art could come to appreciate a function that related to their lives, such a relationship would encourage them to appreciate and possibly understand the art (Baird, 2007). From the perspective of the formal, material and motivational aspects of the work, the Earthworks is a pivotal piece in the history of environmental art. For Public Artists, Bayer stretched the meaning of what it meant to be a creative person, bringing art to people in a place where it could be both functional and aesthetically engaging. Modernism in Landscape Architecture Built in the early 1980s, the Earthworks sits on the cusp of a retreat from the austerity of landscape modernism into a more complex phase of landscape architecture that juggled the concerns of post-modernism with the rising voice of ecological design. However, the Earthworks, unlike nearly all other American modernist landscape designs — save, perhaps, those by Isamu Noguchi — was not a reinterpretation of modernist styles in the medium of the landscape, as in the work of Dan Kiley, Richard Haag, Robert Zion, Thomas Church and other Draft Nomination Page 22 of 35 Attachment E modernist landscape architects. Rather, Bayer's work is a natural extension of a lifelong philosophy of artful design combined with technology to be incorporated into everyday experience. Using ideas, forms and patterns that had been ' explored over a long career in the design profession - particularly in the graphic arts - Bayer seems to have been transliterating, rather than translating, a highly 1 refined design vocabulary in order to have it writ large on the landscape. The history of modernism in American landscape design lags behind the adoption of modernism in other design fields. Until the end of World War II, landscape architecture remained constrained by the formal strictures of Beaux Arts design. Returning GIs who later became landscape architects had seen the modernist art and architecture of Western Europe, or had been influenced by the clean lines and simplicity of Eastern gardens. They sought to bring these influences into the aesthetics of American landscape design. 1 Post-war practitioners like Hideo Sasaki, Garrett Eckbo, Thomas Church, Lawrence Halprin, Peter Walker, Richard Haag, Dan Kiley and others brought ' rigidity, abstraction, economy and elegance to an overly ornamented landscape aesthetic. The designs they executed differed from those of their Beaux Arts- trained teachers in a number of ways Incorporating the maxims of the Modernists and Bauhaus designers, there was a greater emphasis on space, line, abstraction and form. Decorative ornamentation and complicated planting palettes fell away, and a new, simpler, more refined vocabulary took its place. Echoing both the graphic arts, architecture and minimalism in high art, pure geometry and minimal materials were the order of the day. i With this new visual language, the sphere of practice for landscape architects also increased from the 1940s to the 1970s. Corporate headquarters, new residential communities, and college campuses all came under the design direction of American landscape architects. Draft Nomination Page 23 of 35 Attachment E In the 1960s, the landscape architect Ian McHarg challenged Modernist design with the publication of Design with Nature, which advocated an environmental basis for planning and design. Modernist landscape architects, personified by Peter Walker, were concerned with landscape architecture as a cultural force: the landscape as art. The McHargian environmental designers were driven by a deep environmental ethic, and saw their responsibility as primarily speaking for the ecological functions of the landscape. Over time, these arguments became rutted and worn, and the adherents of both camps grew increasingly frustrated with each other. Projects like Bayer's Earthworks began to bridge the divide. Since the piece was not explicitly drawing from the history of landscape architecture, it seemed above the old arguments and spoke a language that both sides of the debate could understand. It struck a middle ground These projects addressed a public landscape that was ecological in its purpose and intent, but which formally, was deliberately abstract, manmade and culturally derived. Over time, the work of younger landscape architects such as Martha Schwartz, George Hargreaves, Kathryn Gustafson, Michael van Valkenburg, James Corner would draw from this same legacy of culturally-resonant, yet ecologically-founded design. Charles Birnbaum, landscape historian and architect stated that, "The Herbert Bayer Earthwork is one of the premier extant examples of the integration of art, landscape and water management . . ." (Birnbaum, 2007). By the millennium, the fusion of the ecological service and aesthetic meaning would be the dominant mode of practice for both American and international landscape architects, a fact made evident by the well-received 2005 MoMA exhibition Groundswell. Constructing the Contemporary Landscape, that focused on reclaimed, functional landscapes from across the world. Draft Nomination Page 24 of 35 Attachment E 1 Public Response From its first proposal, the Earthworks was very well received. "The Bayer 1 Earthworks has tremendous support in the community, local government, press, business sector and civic organizations" (Jones, p. 63). In fact, the public response to the symposium as a whole was overwhelmingly supportive Writing in the Earthworks Symposium's Technical Report, David Allen Jones states, "The more general success of the project locally can be understood by considering the Bayer Earthwork project in Kent. This community borders the more controversial Morris earthwork, and was a focus for critics of this project Yet the Bayer project is now underwritten and readying construction. Its greater acceptance is probably due to its having a more obvious role as a public park, its function as part of an erosion prevention measure, and more subtly, a clearer perception by the public that it will meet a real need that exists" (Jones, p. 64). Within the Public Art community, the King County symposium received enormous critical praise both locally and nationally, particularly in the art and architectural journals. No other municipal agency has tried, on the scale of the Earthworks Symposium, to replicate the scope of this project as a whole. However, the path- breaking import of the symposium comes largely from the inter-agency collaboration necessary in removing art from the pedestal and integrating it, in a functional way, to serve as a societal good In praising Jerry Allen for the nomination of the Selina Roberts Ottum Award, the organization of the Americans for the Arts noted that, "King County's EARTHWORKS Land Reclamation as Sculpture symposium is one of the shaping projects of contemporary Public Art" (Americans for the Arts, 2007) While the symposium would have been groundbreaking just on the merits of its expansion of the role of Public Art for a broader audience, the symposium resonates across the decades because of the compelling successes of the built works to come out of the project Draft Nomination Page 25 of 35 Attachment E Reaction/Publications The Earthworks has been featured in numerous publications and articles both locally and nationally. Even before the completion of the symposium, national publications were already clamoring to write about the project. In a letter dated December 1, 1978, Grady Clay, then Editor-in-Chief of Landscape Architecture magazine was interested in "devoting an entire issue to it" (underlining original Clay, 1978). The organizers too, knew of the importance of the project. In the symposium program, Joan Mann notes, "We know the [sic] people through the country have their eyes on this event, and we believe that when it is concluded their eyes are going to be opened a little wider" (Mann, 1979). Of particular note is the project's prominent location in recent monographs about land art and environmental art, which confirms the Earthworks'canonical import. In John Beardsle 's fourth edition of Earthworks and Beyond: Contemporary Art Y Y in the Landscape, he affirms the City of Kent's brochure about the park, which calls the Earthworks, "a landmark in park design and a revolutionary concept in solving the problem of how to control surface water" (Beardsley, p. 97). The piece has also been prominently featured in the monographs Land and Environmental Art and Destination Art. In a 2003 article for Landscape Architecture magazine examining the legacy of the Bayer Earthworks, author and professor C. Timothy Baird was effusive in his praise for both the original execution and continuing legacy of the park. He notes, "Herbert Bayer's Mill Creek Canyon Earthworks is a reclamation that clearly articulates - through its serene beauty, evocative experiential quality, and usefulness to society — the artist's goal of unifying art and life with technology". Baird concludes, "The Mill Creek Canyon Earthworks is not only an exemplar of Public Art and the public process, but it is also a carefully conceived and masterfully executed landscape" (Baird, 2003, p. 75). In an accompanying piece, Langhurst and Firestone also praise the executed design, noting, "Mill Draft Nomination Page 26 of 35 At tachment E Creek Canyon Park is a captivating design that mitigates environmental impacts, reveals natural process, creates a fascinating experience of place, and allows for a variety of uses...its seductive simplicity absorbing the complexity of an urban 1 hydrological system" (Langhurst and Firestone, p. 71). More recently, the park was the subject of an extensive celebration of its 25th anniversary. Organized by the City of Kent's Visual Arts Coordinator, Cheryl dos Remedios, the event featured an outdoor exhibition, original installations and performance art, and a gallery show entitled channeling herbert: earthworks artworks public works. The event "explore[d] the ongoing importance of Herbert Bayer's Earthworks through the contributions of regionally and internationally renowned artists, landscape architects and historians" (City of Kent, 2007). It is worth noting that all of these contributors - including internationally renowned luminaries within the art and design fields - provided comments on the significance of the Earthworks without remuneration and due only to their affection for the place Contributors included Tim Baird, RLA ASLA, Vaughn Bell; Greg Bell; Charles Birnbaum, FASLA, FAAR; Sam Bower; Gwen F. Chanzit, Ph.D.; Timothy Collins, Ph.D ; T. Allan Comp, Ph.D.; Betsy Damon; Agnes Denes, Tom Drugan; Kathleen Fruge-Brown; Richard Haag, FASLA, Hon. AIA; ' Laura Haddad; Mags Harries and Lajos Heder; Paul Hobson, Isabel K. Hogan; John Hoge, Patricia Johanson; Lorna Jordan; Stacy Levy; Perri Lynch; Alex 1 Martin; Brice Maryman, ASLA; Dennis Oppenheim, Beverly Pepper; Peter Richards; Jann Rosen-Queralt; Nancy Rottle, RLA ASLA; Paul Rucker, Steven Siegel; Buster Simpson; Ellen Sollod; Kristin L Tollefson; Ruth Marie Tomlinson; Linda Van Nest; and Jeroen van Westen. Stormwater Management and Green Infrastructure Finally, the Earthworks at Mill Creek Canyon must be seen within the context of the engineering disciplines, particularly as they relate to stormwater ' management. As groundbreaking as the Earthworks was for the artist to be creating functional art, it was equally new for engineers to be engaged in the r_ Draft Nomination Page 27 of 35 Attachment E aesthetics of place-making and high art. While projects like Frederick Law Olmsted's plans for the Boston Fens during the late 19th century also sought to marry these concerns in general ways, the Earthworks is one of the first modern examples of a re-alignment of disciplines that, though once close collaborators, were now splintered into often opposing camps. , The Earthworks tried for broad-spectrum public response by balancing the needs of nature, aesthetics and function without diminishing either one. In that way, the piece moved away from one-solution problem solving of traditional engineering approaches, and showed that it might be more beneficial to create solutions that achieved multiple objectives in order to be — as the author Mark Childs describes them — truly public works with multiple public benefits. Other local projects, like Yauger Park in Olympia, Washington and several, smaller scale stormwater detention ponds in Bellevue, Washington also owe a debt of gratitude to the precedent of the Earthworks. Locally, the legacy of this project can be felt in a number of built works that have Y 9 Y p J resulted from artist/engineer collaborations, including Seattle's Meadowbrook Pond and Lorna Jordan's Waterworks Garden in Renton, Washington. These are significant artistic executions with their own place in the history of Public Art that are designed to help reveal the effects of stormwater and hydrology. Another legacy of Bayer's interest in combining function and aesthetics is the emerging acceptance of low-impact development/green infrastructure techniques Most notably in Seattle's SEA Streets and in the High Point community in West Seattle, the goal of these projects is to integrate the aesthetic, functional and natural requirements of a place into the final built form. Exceptional Significance While other contemporary local and national projects perform some of the same functions as the Earthworks, the Earthworks simultaneously serves as Draft Nomination Page 28 of 35 Attachment E stormwater management tool, recreational amenity and artistic expression. Unlike other contemporaneous works, the Earthworks successfully fulfills and ' integrates these disparate functions. Neither artworks like Robert Morris' Johnson Pit#30 in Seatac, Washington, John Hoge's The Source in Mercer Island, Washington, or Mary Miss' South Cove at Battery Park City in New York, nor parks like George Hargreaves' Byxbee Park, Richard Haag's Gas Works Park, or Peter Walker's Longacres Wetlands Park in Renton, Washington, nor any one of the myriad of stormwater management structures built during this time possess the kind of integrated functional/aesthetic/democratic design that is apparent in the Earthworks and which set the stage for similarly integrated art and design projects today. In addition, the Earthworks is significant for its association with acknowledged design master Herbert Bayer. Bayer executed only a few earth art installations in his career, but these achieve their full expression in the Earthworks which is the richest, most complex, and significantly scaled installation of them all - the apex of Bayer's environmental art installations Beyond its aesthetic significance, the piece is also important for the role it played in the evolution of Public Art and landscape architecture. For public artists, the Earthworks represents a re-evaluation of the purpose of their work. At the Earthworks art had not only come off the pedestal, but now embraced specificity of place — it had become an integral, irreducible component of a larger design and engineering solution. In the field of landscape architecture, the Earthworks had different lessons and implications. As an intelligently designed solution that balanced cultural and ecological concerns, the Earthworks helped move designers beyond the critical morass that had built up between the camps of "artists" and "ecologists" within the field. The clearing of this logjam has important implications for today's Draft Nomination Page 29 of 35 Attachment E designers, who continue to search for balanced solutions that address both the i natural and the manmade. I 1 1 1 Draft Nomination Page 30 of 35 Attachment E L Bibliography Allen, Jerry. Conversation with Cheryl dos Remedios. Fall 2007. Ament, Deloris Tarzan. "Ecological Art Offers New View of Nature". The Seattle Times. March 01, 1993. Americans for the Arts. "2006 Award Recipients". http,//www artsusa.org/events/2006/convention/024 asp#Jerry. December 27, 2007. Anker, P 2007 "Graphic Language. Herbert Bayer's Environmental Design" PY g Environmental History. 12, No. 2- 254-279. Baird, C Timothy, "A Composed Ecology After Twenty Plus Years, How is Herbert ' Bayer's Renowned Mill Creek Canyon Earthworks Holding Up?" Landscape Architecture March 2003, 93 (2)- 68 — 75, 89. Bayer, Herbert, Walter Gropius, Ise Gropius, and Beaumont Newhall. Bauhaus, ' 1919-1928. New York, NY. Museum of Modern Art (MoMA), 1938. Bayer, Herbert. Herbert Bayer: Painter, Designer, Architect. New York, NY: Reinhold, 1967. Bayer, Herbert. "statement for kent mill creek park canyon earthworks" August 1982. Langhurst, Joern and Firestone, Melissa. "Perspective". Landscape Architecture. March 2003; 93 (2): 71. Draft Nomination Page 31 of 35 Attachment E Bayer, Herbert, and Beaumont Newhall. Herbert Bayer Photographic Works: an Exhibition. Los Angeles, CA: The Center, 1977. Bayer, Herbert. Herbert Bayer: a Total Concept. Exhibition; Denver Art Museum, Nov. 11 - Dec. 23, 1973. Denver, CO: Denver Art Museum, 1973. Bush-Brown, Harold. Beaux Arts to Bauhaus and Beyond: an Architect's Perspective. New York, NY: Whitney Library of Design, 1976. Clay, Grady. Letter to King County Arts Commission. December 1, 1978 Cohen, Arthur A. Herbert Bayer. the Complete Work. MIT Press: Cambridge, MA. 1984. Chanzit, Gwen F. Herbert Bayer and Modernist Design In America. University of Michigan Research Press: Ann Arbor, MI. 1987. , Chanzit, Gwen Finkel. Herbert Bayer Collection and Archive at the Denver Art Museum. Denver, CO: Denver Art Museum, 1988 Clark-Lanager, Sarah. Unpublished draft of Earthworks symposium essay. ,Collection of King County, WA. 1979 Clay, Grady. "King County's Earthworks Symposium: Breaking New Ground with Land Reclamation as Sculpture." The Arts. July, 1979. 8 (7): 1-2. Dearstyne, Howard, and David A. Spaeth. Inside the Bauhaus. New York, NY: Rizzoli, 1986. Dempsey, Amy. Destination Art. Berkeley, CA: University of California Press, 2006. Draft Nomination Page 32 of 35 L Attachment E ' Dorner, Alexander. The Way Beyond 'art,- The Work of Herbert Bayer. Problems of Contemporary Art, [No. 3]. New York, NY: Wittenborn, Schultz, 1947. ' Dos Remedios, Cheryl. Email Correspondence with Brice Maryman. January 4, 2008. E.D.O Comprehensive Exhibition Service. Earthworks: Land Reclamation as Sculpture: An Exhibition of over 75 drawings, models, photographs and other media Los Angeles; CA. April 20, 1980. Farr, Sheila "Work of Art, Work of Earth" The Seattle Times. September 7, 2007. Gelburd, Gail, Roy Moyer, and Martin Ries. Environmental Art Working with the Elements. New York, NY- Artists Representing Environmental Art, 1990 Hirschfeld-Mack, Ludwig. The Bauhaus; An Introductory Survey. [Croydon, Australia]: Longmans, 1963. Hochman, Elaine S. Bauhaus Crucible of Modernism. New York, NY: Fromm International, 1997. i Hopkins Center, Herbert Bayer, and Jan Van der Marck. Herbert Bayer From Type to Landscape: Designs, Projects & Proposals, 1923-73: an Exhibition Organized by the Dartmouth College Museum and Galleries and Circulated by the American Federation of Arts, 1977-78, Hopkins Center, Hanover, New Hampshire, January 21-February 27, 1977. [Hanover, N.H ] Dartmouth College, 1977. Jacobson, Egbert. Seven Designers Look at Trademark Design. Herbert Bayer [and Others]. Chicago: P. Theobald, 1952. Draft Nomination Page 33 of 35 Attachment E Jones, David Allen. Earthworks: Land Reclamation as Sculpture — Technical Report. King County Arts Commission (KCAC); Seattle, WA. 1981 . Kangas, Matthew. "Earthworks Revisted: From Smithson to Simpson." The Arts. October 1982: 11 (10): 5-8. Kastner, Jeffrey, and Brian Wallis. Land and Environmental Art. Themes and Movements. London: Phaidon Press, 1998. -------- "City Pondering Mill Creek Canyon Project". Kent News Journal. Kent, WA; December 12, 1979. Landi, Ann. 2004. "Moving Mountains, Walking on Water—As Artists Like James Turrell and Michael Heizer Continue to Toil on Their Massive Earthworks, Caretakers of Other Examples of Land Art Are Facing Questions of Conservation, Access, and Environmental Impact. Meanwhile, More Ecologically Conscious Artists Have Been Updating the Genre". ARTnews. 103, No. 6- 84. Landhorst Joern and Melissa Firestone. "Perspective." Landscape Architecture. March 2003; 93 (2): 71. Mann, Joan. Earthworks: Land Reclamation as Sculpture Brochure. King County Arts Commission (KCAC). 1979. Pepper, Beverly. Beverly Pepper. City of Kent. December 23, 2007. http://www.ci.kent.wa.us/arts/visual/channeling_herbert/beverly_pepper.asp Roters, Eberhard. Painters of the Bauhaus. New York, NY: Praeger, 1969. Seattle Art Museum. Earthworks: Land Reclamation as Sculpture. Seattle, WA; Seattle Art Museum; 1979. Draft Nomination Page 34 of 35 i Attachment E 1 Sollod, T. Ellen. "Art for Nature's Sake". Arcade Spring 1997; 15(3): 14 — 15. Van der Marck, Jan. Herbert Bayer: From Type to Landscape — Designs, Projects and Proposals 1923 — 1973. Dartmouth College: Hanover, NH 1977. Van Nest, Linda. "Linda Van Nest." City of Kent. December 23, 2007. http://www.ci kent.wa.us/arts/visual/channeling_herbert/linda—van_ness asp Draft Nomination Page 35 of 35 Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6U 1. SUBJECT: HISTORIC INVENTORY UPDATE, GRANT-MATCHING FUNDING - AUTHORIZE AND AMEND BUDGET j2. SUMMARY STATEMENT: Approve matching grant funds in the amount of $2,500 to update the 1988 City of Kent historic structure inventory. Through the interlocal agreement with King County regarding historic preservation, the City of Kent has access to state grants reserved for certified local governments. The funds would be used to field check the inventory, provide updated photos, enter the inventory into the state's historic property database and create a geographic information system layer. 3. EXHIBITS: Staff memo 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? No Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: _ COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director • PLANNING SERVICES KENT Charlene Anderson, AICP, Manager W A 5 H I N G T O N Phone: 253-856-5454 Fax- 253-856-6454 Address 220 Fourth Avenue S. Kent, WA 98032-5895 - March 11 2008 To: Mayor Suzette Cooke, Council President Debbie Raplee and City Council Members From: Lydia Moorehead, Planner Subject: Historic Preservation Matching Grant MOTION: Approve matching grant funds in the amount of $2,500 to update the City's historic structure inventory. SUMMARY: A matching grant for Certified Local Governments is available to the City of Kent for historic preservation. The matching grant requires the City of Kent ' to contribute $2,500. The grant would be used to update the 1988 City of Kent historic structure inventory. BUDGET IMPACTS: $2,500 from the general fund BACKGROUND: Through the interlocal agreement with King County, the City of Kent has access to grants from the State that are reserved for Certified Local Governments (CLG's). A matching grant has been offered to the City which would require a matching of funds in the amount of $2,500. This grant would be used to update the City's historic structures inventory which was put together in 1978 and last updated in 1988. Grant funds would be used to field check the inventory, provide updated photos, enter the inventory into the State's historic property database and create a GIS layer. These updates would not only reflect what historic properties currently exist, but also make the information readily available for research and identification purposes. RECOMMENDATION: The Planning & Economic Development Committee recommends approval of the matching grant amount of $2,500. FSICAILM/pm S �Permrt�P/an�histoncpreservatlon�03-18-08_CC MatchmgFundsMemo doc Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6V 1. SUBJECT: COMPREHENSIVE PLAN AMENDMENT, TRANSPORTATION ELEMENT EMERGENCY RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. regarding amend- ment of the transportation element of the Comprehensive Plan related to adoption of the Transportation Master Plan, and declaring an emergency to pursue the amendment. The City limits amendments to the Comprehensive Plan to once each year except when unusual circumstances exist including if the issue is of community-wide significance that promotes the public health, safety and general welfare. The City has conducted public outreach and planning sessions for updating its Transportation Master Plan since 2005. Transportation is an ongoing priority of the City, and consideration of an amendment to the transportation element related to adoption of the Transportation Master Plan is an issue of community- wide significance. With the public outreach portion of the process now complete, it is appropriate and efficient to move forward with the comprehensive plan amendment now, rather than to wait a number of months for the time to file annual amendments. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: RESOLUTION NO. A RESOLUTION of the City Council of the ' City of Kent, Washington, relating to comprehensive planning; continuing ongoing efforts to update the City's Transportation Master Plan; _ amending the transportation element of the City's comprehensive plan related to the adoption of a Transportation Master Plan; and, declaring an emergency for the adoption of the comprehensive plan amendment. RECITALS A. The City of Kent Transportation Master Plan (TMP), when integrated into the City's comprehensive plan, will serve as the City's blueprint for long range transportation planning. The transportation element of the City's comprehensive plan provides the foundation, guidance, and a list of capital improvements for the transportation system within the City. B. The City's TMP process began in the fall 2005 with the City Y P 9 Y Council's approval of a contract for consultant services. The City has worked with a citizen's task force to address development of the TMP. The City Council's first workshop was conducted on June 20, 2006, after prior public outreach. Subsequent council workshops and committee meetings were conducted on July 5 and 10, 2006; August 21, 2006; September 5, 2006; February 27, 2007; and December 3, 2007. These meetings provided an opportunity for explanation of the planning process and to keep the City Council up to date on the development of the TMP. In addition, the City 1 Transportation Element Amendment - Emergency engaged in an extensive stakeholder involvement process to promote and provide a variety of meaningful forums for communication with the City regarding the draft TMP. See Stakeholder Involvement Report (CH2MHill, December 2007). C. An amendment to the City's comprehensive plan, transportation element, will be considered in the process for adoption of the TMP. Transportation has been an ongoing priority for the City. Through its committee meetings and workshops, the Council has been studying transportation issues such as concurrency, performance standards, transit planning, level of service standards, TMP funding options, TMP project priorities, and transportation impact fees. As a culmination of this analysis, the Council will be addressing the adoption of a TMP and amendments to the comprehensive plan transportation element to integrate the TMP into the comprehensive plan. D. The Growth Management Act ("GMA") requires the City to t establish procedures governing amendments to the comprehensive plan that limit amendments to once each year unless certain circumstances exist. RCW 36.70A.130(2). The City has established a procedure for amending the comprehensive plan in Chapter 12.02 Kent City Code (KCC). Here, the City Council has effectively maintained on its Docket the TMP and comprehensive plan amendment. Further, the KCC permits amendments, in addition to the , standard annual update, if an emergency exists. An emergency is defined as an issue of community wide significance that promotes the public health, safety, and general welfare of the City of Kent. KCC 12.02.010(A). E. The City Council finds that consideration of proposed amendments to the comprehensive plan transportation element have been pending for over eighteen months and are issues of community-wide significance that promote 2 Transportation Element Amendment - Emergency the public health, safety, and general welfare of the City of Kent; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Recitals. The foregoing recitals are incorporated by this reference. SECTION 2. - Process and Direction. The City shall proceed with rconsideration of the TMP and comprehensive plan amendment without undue delay. Such consideration shall include compliance with the State Environmental Policy Act; Land Use and Planning Board workshop, public hearing, and recommendation; Council committee recommendation, and final action by the City Council. SECTION 3, - Emergency. Pursuing revisions of the comprehensive plan to provide for amendments to the transportation element related to adoption of a Transportation Master Plan is an issue of community-wide significance that promotes the public health, safety, and general welfare in accordance with the definition of an emergency as set forth in section 12.02.010(A) of the Kent City Code (KCC). The City Council, therefore, declares that an emergency exists and authorizes staff to process this revision to the comprehensive plan outside the annual amendment process in KCC 12.02.030. 3 Transportation Element Amendment - Emergency SECTION 4. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 5. - Ratification. Any act consistent with the authority and ' prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular meeting of the City Council of the City of Kent, Washington this day of March, 2008. CONCURRED in by the Mayor of the City of Kent, this day of March, 2008. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 4 Transportation Element Amendment - Emergency 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 March, 2008. BRENDA JACOBER, CITY CLERK (SEAL) P\Civil\Resolution\CompPlanTransportationMasterPlan-EmergencyResolution DOC 5 Transportation Element Amendment - Emergency Kent City Council Meeting Date March 18, 2008 Category Consent Calendar-6W 1. SUBJECT: KING COUNTY BASIC LIFE SUPPORT SERVICES CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with King County to receive 2008 Basic Life Support Levy funds in the amount of $1,196,673. In 2007 a Basic Life Support Services Levy was passed for a six-year period, beginning in 2008. The City has signed a contract with Seattle-King County Department of Public Health/Emergency Medical Services Division since 1981 to receive EMS Funding. The City Attorney's office has reviewed and in their opinion the contract is compliant. 3. EXHIBITS: Contract with King County 4. RECOMMENDED BY: Fire Administration & Public Safety Committee 3/11/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? $1,196,673 Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: This form is available in alternate King County Contract No. D38129D formats for people with disabilities Federal Taxpayer ID No. upon request. KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION- 2008 Department Seattle-King County Dept. of Public Health(a.k.a. Public Health- Seattle& King County) Division Emergency Medical Services Contractor Kent Fire Department Project Title Basic Life Support Services Contract Amount $ 1,196,673.00 Contract Period Start date- January 1, 2008 End date December 31,2008 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Kent Fire Department (the "Contractor"),whose address is 24611 - 1161h Avenue SE, Kent, Washington 98030. WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES OTHER: Real Propertv Taxes- Current $1,196,673 00 1/1/08 to 12/31/08 and WHEREAS,the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2008 Annual Budget NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows I. INCORPORATIONOF EXHIBrrS The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits,which are incorporated herein by reference • Exhibit A: Scope of Work • Exhibit B Budget • Exhibit C Invoice • Exhibit D- Mission, Method, and Expectations • Exhibit E Certificate of Insurance and Additional Insured Endorsement D38129D/EMS17- Kent FD 2008 SKCDPH-ALSIBLS Boilerplate Page 1 of 17 I{. TERM MD TERMINATION A. This Contract shall commence on the 1st day of January 2008, and shall terminate on the 31 st day of December 2008, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract B. This Contract may be terminated by the either party without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the termination. C. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event- (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant-to this Subsection II.0 (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor,terminate this Contract in whole or in part If the Contract is terminated as provided in this Subsection- (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination, and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. E The Contractor may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract. F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations,terms, and conditions set forth in this Contract are breached by the other party. M. COMPENSATION AND METHOD CF PAYMENT A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner. Upon receipt and approval of a signed invoice as set forth in Exhibit C that complies with the budget in Exhibit B. The Contractor may bill up to the full amount of the D38129D/EMS17-Kent FD j 2008 SKCDPH-ALS/BLS Boilerplate Page 2 of 17 Contract at any time during the year if it can certify and document that its total expenditures have equaled or exceeded the full amount of the Contract. B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period The County will initiate authorization for payment after approval of corrected invoices and reports The County shall make payment to the Contractor not more than 45 days after a complete and accurate invoice is received C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice D. When a budget is attached hereto as an exhibit, the Contractor shall-apply the funds received from the County under this Contract in accordance with said budget The contract may contain separate budgets for separate program components The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment E If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the ' following rates and criteria 1. The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours Parking shall be the actual cost When rental vehicles are authorized, government rates shall be requested If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference Please reference the federal web site for current rates http//wwwgsa.gov 2 Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301,App A 3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes The Contractor shall always request government rates. 4. Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. D38129D/EMS17- Kent FD 2008 SKCDPH-ALSIBLS Boilerplate Page 3 of 17 IV. INTERNAL CONTROL AND ACCOUNTING SVSTBVI The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards V. DEBARMENT MD SUSPENSION CERTIFICATION ' Agencies receiving federal funds that are debarred, suspended; or proposed for debarment are excluded from contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. For more information on suspension and debarment,see Federal Acquisition Regulation 9.4 VI. MAINTENANCE(F RECORDS/EVALUATIONS AND INSPECTIONS ' A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV below, the Contractor shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2_ Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records The County may visit, at any mutually agreeable time, the site of the work and the Contractor's office to review the foregoing records The Contractor shall provide every assistance requested by the County during such visits In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents C. Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14 D. Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41 190, 70.02.160, and standard medical records practice If the Contractor ceases , D38129D/EMS17-Kent FD 2008 SKCDPH-ALS/BLS Boilerplate Page 4 of 17 operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records E The Contractor shall provide right of access to its facilities—including those of any subcontractor assigned any portion of this Contract pursuant to Section XIII—to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract The County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. F The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law G- The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 4217. H The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law VII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT OF 1996 (HIPAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR' Parts-160 and 164 A. Obligations and Activities of the Contractor 1. The Contractor agrees not to use or disclose protected health information other than as permitted or required by law 2 Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the covered entity as required by CFR Title 45, Section 164, Subpart C 3. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of protected health information by the Contractor in violation of the requirements of this Contract 4. The Contractor agrees to report to King County Public Health Compliance Office any use or disclosure of protected health information not allowed under this Contract, or security incident, within two (2) days of the Contractor's knowledge of such event 5 The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information D38129D/EMS17-Kent FD 2008 SKCDPH-ALSIBLS Boilerplate Page 5 of 17 6 The Contractor agrees to make available protected health information in accordance with 45 CFR § 164.524_ 7. The Contractor agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164-526. 8. The Contractor agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Contractor on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with the privacy rule. 9 The Contractor agrees to make available the information required to provide an accounting of disclosures in accordan-ce with 45 CFR 164 § 528. B. Permitted Uses and Disclosures by Business Associate The Contractor may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County C Effect of Termination 1 Except as provided in paragraph C 2. of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all protected health information received from King County, or created or received by the Contractor on behalf of King County This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor The Contractor shall retain no copies of the protected health information 2. In the event the Contractor determines that returning or destroying the protected health information is infeasible, the Contractor shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible. for so long as the Contractor maintains such protected health information. VIII. AUDITS A. If the Contractor or subcontractor is a municipal entity or-other government institution or jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total of $500,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, then the Contractor or subcontractor shall meet the respective A-133 requirements described in subsections VIII B and VIII C. D38129D/EMS17 -Kent FD i 2008 SKCDPH-ALSIBLS Boilerplate Page 6 of 17 B. If the Contractor is a non-profit organization, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards), GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's fiscal year. The Contractor shall provide to the County its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a "Management Letter" or other correspondence made by the auditor, the Contractor shall provide copies of those communications and the Contractor's response and corrective action plan Submittal of these documents shall constitute compliancewith subsection VIII.A C. If the Contractor is a municipal'entity or other government institution or jurisdiction, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor,within thirty (30) days of receipt,which submittal shall constitute compliance with subsection VIII.A. D If the Contractor, for-profit or non-profit, receives in excess of $100,000 in funds during its fiscal year from the County, it shall provide a fiscal year financial statement prepared by an independent Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the Contractor's fiscal year E. Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements Ix. CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide In any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply A 'the County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions B The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan The determination of sufficiency 1 of the Contractor's corrective action plan shall be at the sole discretion of the County, C. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section II.C_; D38129D/EMS17- Kent FD 2008 SKCDPH-ALSIBLS Boilerplate Page 7 of 17 D. In addition, the County may withhold any payment owed the Contractor or proh,hit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed, and E Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II Subsections B, C, D, and E. X. DISPUTE RESOLUTION A. The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. B. If a dispute arises between the parties that cannot be resolved by direct negotiation, the dispute shall be submitted to a disputc"board for a non-binding determination Each party shall timely appoint one member to the dispute board. Those members shall jointly appoint an additional member Any costs of the dispute board shall be split evenly between the two parties The dispute board shall timely review the facts, Contract terms and applicable law and rules, and make its determination. Provided that each party and the dispute board act in a timely manner, the parties agree not to seek legal or equitable relief in the courts until the dispute board renders its determination. Thereafter, either party may seek legal or equitable relief in the courts XI. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials; or supplies by Contractor employees or oiher suppiiers in connection with or suppo l of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the County ail indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees,agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant.to the Duration of Contract or the Termination section. D38129D/EMS17-Kent FD 2008 SKCDPH-ALSIBLS Boilerplate Page 8 of 17 C. The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of, the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverablefrom the Contractor D. The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arise out of, or in any way resultfrom, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its �- obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County E. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract F The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement XII INSURANCE REQUIREMENTS A. By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors The costs of such insurance shall be paid by the Contractor or subcontractor The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract B Minimum Scope and Limits of Insurance By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage Coverage shall be at least as broad as: 1. Commercial General Liability Insurance Services Office form number(CG 00 01 current edition or its equivalent) covering COMMERCIAL GENERAL LIABILITY. D38129D/EMS17— Kent FD 2008 SKCDPH-ALSIBLS Boilerplate Page 9 of 17 Minimum Limit: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a$2,000,000 aggregate limit. 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. Minimum Limit: $1,000,000 per claim and in the aggregate 3 Automobile Liability: In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Contractor personnel in Contractor-owned vehicles or non-owned vehicles, the Contractor shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number(CA 00 01 current edition or its equivalent) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. Minimum Limit $1,000,000 combined single limit per accident for bodily injury and property damage 4. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or"Other States" state law. Minimum Limit: Statutory requirements of the state of residency 5. Stop Gap/Employers Liability Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general. liability policy. Minimum Limit- $1,000,000 C Deductibles and Self-Insured Retentions Any aeauctibies or serf-insured retentions must be declared to, and approved by, 'he County. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor D38129D/EMS17—Kent FD 2008 SKCDPH-ALS/BLS Boilerplate Page 10 of 17 D. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain,the following provisions. 1 Liability Policies (Except Workers Compensation and Professional/Errors and Omissions) a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract (CG 2010 11/85 or its equivalent) b The Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents Any insurance and/or self-insurance maintained by the County, its offices, officials, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way c The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability 2 All Policies a Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45)days prior written notice has been given to the County b Each insurance policy shall be written on an "occurrence" form, except that insurance on a "claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available,for not less than three (3) years from the date of Contract termination, and/or conversion from a "claims made" form to an "occurrence" coverage form E. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A. VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII Any exception must be approved by King County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. D38129D/EMS17-Kent FD 2008 SKCDPH-ALSIBLS Boilerplate Page 11 of 17 F. Verification of Coverage The Contractor shall furnish the County certificates of insurance and endorsements required by this Contract Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time G. Municipal or State Contractor Provisions If the Contractor is a Municipal Corporation or a Contractor of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self- insurante shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. H. Insurance for Subcontractors If the Contractor subcontracts any portion of this Contract pursuant to Section XI II, the , Contractorshall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements from each subcontractor Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein I. All Coverages and Requirements Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract XIII. ASSIGNMENT/SUBCONTRACTING A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or(2) supplies. C. The Contractor shall include Sections III.D, IV, V, VI, VII, Vill, XI, XII, XIV, XV,and XXI, ' in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: D38129D/EMS17—Kent FD 2008 SKCDPH-ALSIBLS Boilerplate Page 12 of 17 "Subcontractor shall protect, defend, Indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, Its officers, employees, and/or agents in connection with or in support of this Contract Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractorto enforce the provisions of this paragraph." XIV. NONDISCRIMINATION ' The Contractor shall comply with all applicable federal, state and local laws regarding discrimination. XV NONDISCRIMINATION IN SUBCONTRACTING PRACTICES A In accordance with the provisions of Washington Initiative 200, no County Minority and Women Business (MNVBE) utilization requirements shall apply to this Contract No minimum level of MNVBE subcontractor participation or purchase from M/WBE certified vendors is required and no preference will be given by the County to a bidder or proposer for their MNVBE utilization or MNVBE status The completion of County MNVBE forms which may be included in the Contract documents is not required Provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply B During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities for M/1NBEs to participate in all County contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services In considering offers from and doing business with subcontractors and suppliers,the Contractor shall not discriminate against any person on the basis of race, color, creed, reiigion, sex, age, nationality,marital status, sexual orientation or the presence of any disability in an otherwise qualified disabled person C. The Contractor shall maintain, until at least 12 months after completion of all work under this Contract, records and information necessary to document its level of utilization of M/WBEs and other businesses as subcontractors and suppliers in.this Contract and in its overall public and private business activities The Contractor shall also maintain,until 12 months after completion of all work under this Contract,all written quotes,bids, estimates or proposals submitted to the Contractor by all_ - businesses seeking to participate in this Contract The Contractor shall make such documents available to the County for inspection and copying upon request If this Contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Contract documents D. King County encourages the Contractorto utilize small businesses, including Minority- owned and Women-owned Business Enterprises("M/WBEs") in County contracts The- Washington State Office of Minority and Women's Business Enterprises(OMWBE)can provide a list of certified MlWBEs. Contact OMWBE office at (360) 753-9693 or on-line through the web site at www wsdot.wa.gov/omwbe/. D38129D/EMS17— Kent FD 2008 SKCDPH-ALS/BLS Boilerplate Page 13 of 17 1 E. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of Contract for which the Contractor may be subject to damages and sanctions provided for by Contract and by applicable law XVI. CONFLICT OF INTEREST A The Contractor agrees to comply with the provisions of KCC Chapter 3 04 Failure to comply with any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Contractor agrees, pursuant to KCC 3 04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C. The Contractor acknowledges that for one year after leaving County employment, a ' former county employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a county action in which the former county employee participated during county employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying-or terminating this Contract After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract XVII. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $5,000 per item or more, when the purchase of such equipment Is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. B. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. C. The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed ' upon by the parties. D. The County will provide property tags so Contractor can marii properly. Tne Contractor shall admit County staff to the Contractor's premises for the purpose of confirming property has been marked with County property tags The Contractor shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. D38129D/EMS17- Kent FD 2008 SKCDPH-ALSIBLS Boilerplate Page 140f 17 ' XVIII. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license ' to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract ' The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract XIX. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XX KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY In accordance with King County Code 10 16, the Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract In addition, the Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract ' XXI. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXIL ENTIRE CONTRACTMAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded Both parties recognize that time is of the essence in the performance of the provisions of this Contract Waiver of any,default shall not be deemed to be a waiver of any subsequent ' D38129D/EMS17- Kent FD 2008 SKCDPH-ALSIBLS Boilerplate Page 15of 17 default. Waiver or breach of any provision of the Contract shall not be deemed to be a , waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXIII. CONTRACT AMENDMENTS Either party may request changes to this Contract Proposed changes which are mutually agreed upon shall be Incorporated by written amendments to this Contract. XXIV. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such ' notice shall be In writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the , notice is received by said party. XXV. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Contractor and any subcontractor agree to abide by the laws of the state of Washington, ' rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained In any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained In the exhibit or the attachment, unless the parties affirmatively agree In writing to the contrary. D38129D/EMS17—Kent FD , 2008 SKCDPH-ALSIBLS Boilerplate Page 16 of 17 XXVI. APPLICABLE LAW This contract shall be construed and interpreted in accordance with the laws of the State of ' Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington ' IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract KING COUNTY CONTRACTOR FOR ' King County Executive Signature Date NAME (Please type or print) Date ' Approved as to Form OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY ' D38129D/EMS17- Kent FD 2008 SKCDPH-ALS/BLS Boilerplate Page 17 of 17 Exhibit A —SCOPE OF WORK Conti act#D38129D ' KING COUNTY EMERGENCY MEDICAL SERVICES Basic Life Support Standards Agencies shall comply with the following standards in order to be eligible for basic life support services funding from King County. Failure to comply with the standards � adopted by King County pursuant to Chapter 2.26 of the King County Code or by the County Medical Program Director pursuant to Chapter 18.73 RCW, shall be sufficient grounds for notitication, remediation, and possible termination of funding. Review and modifications of BLS standards may be conducted on an annual basis. Proposed changes will be submitted to the Emergency Medical Services Advisory Committee and local provider agencies for advisory comment prior to implementation 1 Personnel: All emergency medical services personnel supported directly by King County funds must be certified as Emergency Medical Technicians ad defined by RCW 18.73. Basic EMT training standards have been established by King County Emergency Medical Services. 11 Continuing Medical Education: EMTs will remain certified as required by WAC 246-976. Continuing Education and proficiency standards will be set by King County Emergency Medical Services and the Medical Program Director Agencies must report completion of education and skill proficiency updates to King County Emergency Medical Services in an agree upon summary format. ill Medical Standards: Each agency providing emergency medical services shall adhere to standards of medical care for the triage. treatment and transport of patient as authorized by the Medical Program Director pursuant to RCW 18 73 and 18.71, and Chapter 2 26 of the King County Code. Standards of medical care are delineated in the King County EMS training curriculum approved by the Washington State Department of Health, "Patient Care Guidelines for Basic Life 1 Support", and in the 1996, 1997, 1998, 1999, and 2000 Competency Based Training (CBT) modules. Additional CBT modules will continue to be issued annually. CBT modules may also be offered by the EMS Division electronically via Internet access. a. Scope of Practice: Evaluation and treatment activities by EMTs fi om provider agencies not described in the standards of medical care are deemed outside the scope of practice. Changes or additions to this scope of practice will be issued periodically by the Medical Program Director b. Record Keeping and Record Submission: The Medical Incident Report Form (MIRF) must be completed as soon as possible following an incident These reports should them be submitted to King County Emergency Medical Services, either electronically or by mail, within 30 days from the date the incident occurred Agencies will be responsible for retention of copies of the ' reports. I Contract# D38129D c. Transportation Policy Each provider will be responsible for developing a policy for the transport of patients from the incident scene to the treatment scene Such policy should provide for transportation based upon determinants of transport need, including medical necessity, mitigating circumstances,and provider budget The decision to transport a patient seen by BLS personnel will be determined by the patient's medical condition as described in the Basic EMT core curriculum and any mitigating circumstances The mode of transport will be consistent with the patient's medical condition and provide humane efficient and expedient care. Transport destinations should be consistent with the State Trauma System Activation Guidelines d. King County Medical Quality Assurance/Quality Improvement Programs- Each BLS provider will agree to participate in a King County ' Medical Quality Assurance/Quality Improvement program. This program will be developed by King County EMS Division, with the assistance of the EMS Advisory Committee and BLS providers Elements o f this program include. I) run review by clerical and provider personnel to ensure completeness, 2) run review by a reviewer (local paramedic or personnel frofn within the organization for medical appropriateness and compliance with King County Emergency Medical Services standards, 3) case follow up and discussion conducted by the run review personnel, and 4) paramedic involvement in CBT Training. e Patient Confidentiality- Information concerning the evaluation and treatment of a patient by BLS personnel in the performance of their duties is to be handled as confidential material, including patient name, medical history, incident location, or any other confidential information. Confidential medical information may not be released unless the patient or his/her court- appointed representative completes and signs an Authorization for Release o f Information form IV. Equipment a. AI I vehicles used to deliver emergency medical services must meet vehicle standards as established by the Washington State Department of Health , pursuant to R C W 1873, unless waived by the State Department o f Health Office of EMS Trauma Prevention Licensing. b. Medical equipment used by personnel supported funds must meet appropriate ' federal or state standards or county protocols V. Mutual Aid Agreements- Each public agency providing basic life support services shall have written mutual aid agreement or similar arrangements is effect. VI. Proposed Research and Evaluation Activities Any proposed clinical research i or evaluation activities involving personnel equipment or data supported directly or indirectly by King County funds must receive prior review and written ' 2 1 Contract 4 D38129D approval by the Medical Program Director and the King County Emergency Medical Services Division Manager and must be in compliance with State. County and local regulations and laws. Vii Performance Indicators and OversiVht: In accordance with findings of the EMS Financial Planning Task Force, the EMS Division—with the assistance of the EMS Advisory Committee and the Financial Staff Team —shall develop mechanisms for improved performance oversight by the EMS system and elected officials Performance indicators will be established and reviewed by King County EMS and reported by the EMS Division to each BLS agency and in public presentations. Mitigation activities will be initiated with local providers if needed. 1 Reports will be distributed to provider agencies on a regular basis. Standards for each provider will be monitored in the following major areas: total call volume, average response time for code red calls, percent of response times greater than or equal to 4, 6, 8, and 10 minutes, out-of-service times, number of transports and mode of transport Additional performance indicators may be added, with the assistance of the EMS Advisory Committee and the Financial Staff Team. Vill. Financial Indicators and Oversight: In accordance with findings of the EMS Financial Planning Task Force, indicators shall be developed which improve financial oversight by the EMS system and elected officials The EMS Division, in conjunction with the EMS Advisory Committee and the Financial Staff Team, shall develop reporting financial reporting measures that will include, but may not be limited to: a. Selection, development,and tracking of system costs b A standard costing system for reporting dollar expenditures for BLS activities. c. Funding allocation mechanism. 1 1 i 1 1 1 1 Exhibit B-Budget Contract#D38129D ' EMEGENCY MEDICAL SERVICES FUNDS 2008 PROPOSED BUDGET- BASIC LIFE SUPPORT SERVICES �7 Agency Name: Contact Person: n / Title C Address: C yl��/ /114 OA't!L! Phone: p�s 3, S�, z 3 o o BUDGET CATEGORY ' Amount Requested for BLS , Salaries&Benefits: EMT salaries Other Salaries —1, N Overtime Subtotal Salares $ Subtotal Employee Benefits Subtotal Employee Salaries& Benefits: $ Other Costs: Medical Supplies&Equipment 009 Office&Computer Supplies& Equipment Uniforms, Fire&Safety Supplies Dispatch Communications Vehicle Maintenance , Facility Costs Training Misc_ Subtotal Other Costs: $ (y p Total Operational Costs $ Capital Costs 1 t:> Subtotal Capital Costs Subtotal Operational& Capital $ Reserves(saved or used): GRAND TOTAL: $ J 1 ,9 G 7,3 0-4 Provider Signature Date , � Q 2 k 12 \ / § z / � 3 0 2 2 _n o ) 2= \ I —a) 2 U � U � \ � � - � / $ : — 3 _ \ / \ E $ C15 LL a) 0 / _ ® _ 0-w o o w § 3 U \ 3 / _ } 2 § !E m U £ _ � x § _ J w g / m \ _ @ = g m m — J_ � $ � 5 % \ .\ / » o $ � £_ 0 k z _ £ £ Z / \ \ n / -0 \ 2 '� \ C 70 (D \ O) o \ E / « ± 2 co ® 4 . 0- _ � EXHIBIT D ' Mission, Method, and Expectations Public Health Program Activities Provided by Community Partners A. Mission ■ The overall mission of Public Health — Seattle & King County is to provide public health services that promote health and prevent disease to King County residents, in 1 order to achieve and sustain healthy people and healthy communities. B. Method ■ One of the key methods that Public Health — Seattle & King County uses to support this mission and extend the reach of public health program activities is to engage in contractual partnerships with community based organizations This partnering activity increases access to needed and mandated health services, and enables community partner agencies and the people they serve to benefit from service models that are informed by sound public health principles and practices Community partner organizations, with the support of funds provided through this contractual relationship, extend Public Health's activities to promote population health, according 1 to goals and outcomes determined under state and national performance standards C. Expectations 1 ■ Public Health expects that its community based contracting partners will perform contracted health services in accordance with the goals, performance measures, and accountability methods that are outlined in the program-specific exhibits that accompany this contract ■ Public Health will provide professional and technical assistanceto community partner organization program staff in order to support the development and maintenance of strong and effective program services • Public Health and community partner organizations will collaborate in developing and performing program evaluation activities that measure the effectiveness of program efforts, including efforts to measure the impact of program activities on the health status of residents of King County i 1 i 1 Kent City Council Meeting Date March 18, 2008 Category Consent Calendar-6X 1. SUBJECT: SOUTH 228TH WETLAND MITIGATION PROJECT - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the South 228th Wetland Mitigation Project as complete and release retainage to Buckley Nursery Co. Inc., upon standard releases from the state and release of any liens. The original contract amount was $327,4716.75. The final contract amount was $323,799.39. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (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: Kent City Council Meeting Date March 18, 2008 Category Consent Calendar - 6Y 1. SUBJECT: CONSULTANT CONTRACT FOR PUBLIC PROCESS FACILITATOR, MIDWAY SUBAREA PLANNING PROJECT - APPROVE AND AUTHORIZE 2. SUMMARY STATEMENT: Approve the contract with Cascade Design Collaborative to facilitate a series of public workshops on the Midway Planning Project for a total not to exceed $46,000 and authorize the Mayor to sign the contract subject to final terms and conditions acceptable to the City Attorney and the Planning Manager. 3. EXHIBITS: Consultant Contract and 3/11/08 staff memo 4. RECOMMENDED BY: Planning & Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) j 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 1 COMMUNITY DEVELOPMENT ■ Fred N. Satterstrom, AICP, Director i • PLANNING SERVICES KENT Charlene Anderson, AICP, Manager W A S H I N G T O N Phone: 253-856-5454 Fax: 253-856-6454 Address- 220 Fourth Avenue S. Kent, WA 98032-5895 March 11, 2008 1 TO: Mayor Suzette Cooke, Council President Debbie Raplee and City Council Members FROM: Gloria Gould-Wessen, AICP, Long Range Planner RE: #CPA-2007-4 / #CPZ-2007-2 Midway Subarea Plan MOTION: Approve the contract with Cascade Design Collaborative to facilitate a series of public workshops on the Midway Planning Project for a total not to exceed $46,000 and authorize the Mayor to sign the contract subject to final ' terms and conditions acceptable to the City Attorney and the Planning Manager. SUMMARY: The Midway Planning Project identified the need for a facilitator to I conduct the extensive public outreach as part of the CTED grant. The City of Kent's Administrative Policy 1.1 provides guidelines for the purchase of services under $50,000. Pursuant to Policy 1.1, three consultants were solicited by phone, provided a scope of work, and interviewed. The interview team was comprised of staff from the Cities of Kent and Des Moines. The consultant team of Cascade Design Collaborative and Berk & Associates was selected. BUDGET IMPACT: None. The CTED grant pays for the consultant team $46,000. 1 BACKGROUND: The collaborative Midway Planning Project will engage the residents, business owners, property owners, local institutions, and state and -- regional transportation agencies to participate in defining Midway's future through a L robust public process. To facilitate the public process and to ensure the vision for Midway is economically feasible, a consultant team was selected out of three candidates interviewed. The consultant team will conduct a series of meetings with a Stakeholders Committee and the public. A developers forum will be held to review the land use options envisioned by the Stakeholders and public. Each of these three groups will discuss land use options, transportation and economic opportunities, and identify implementation strategies that are grounded by the project's mission and goals. From the visioning efforts of all the participants, the consultants will illustrate two development alternatives, create a series of streetscape and building form illustrations to be included in possible design guidelines, and write up an executive summary document that will be presented to the City Council. 1 CA pm S �Permlt�Plan�COMP PLAN_AMENDMENTS�20071 CPA-2007-4_MldwaySibareaPlan�COUNCIL\031808_Memo doc i i • KE'*T ' W-.1-T- ATTACHMENT B CONSULTANT SERVICES AGREEMENT between the City of Kent and Cascade Design Collaborative Incorporated THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cascade Design Collaborative Incorporated organized under the laws of the State of Washington, located and doing business at 911 Western Ave, Suite 210 1 Seattle, WA 98104 phone 206.628.9133 (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: Conduct a series of public visioning meetings for the Midway Study Area, that result in graphic representation of two (2) alternatives for development, in accordance with Consultant's July 29, 2008, Scope of Work attached and incorporated as Exhibit A. The Midway Planning Project is a collaborative effort between the Cities of Kent and Des Moines and includes an extensive public process to explore land use scenarios and development details; identify potential light rail alignments and associated station and stop locations; reconcile development standards along the "zipper" border between the Cities of Kent and Des Moines to be consistent and reflect the vision of the study area; and create a series of graphics to represent two 2 development alternatives and supporting design details. 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 April 21, 2009. 1 III. COMPENSATION. - A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $46,000 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 the duration of this Agreement. IThe 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 invoices, itemized by task to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of ' an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all ■ records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 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 IAgreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work 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 1 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 IAgreement, 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 (Title) (Title) DATE: DATE: , NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: t CONSULTANT: CITY OF KENT: Eric Schmidt Gloria Gould-Wessen Cascade Design Collaborative Incorporated City of Kent ' 911 Western Ave Suite 210 220 Fourth Avenue South CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) Seattle, WA 98104 Kent, WA 98032 206.628.9133 (telephone) (253) 253.856.5441 (telephone) 206.292.8824 facsimile (253) 253.856.6454 (facsimile) APPROVED AS TO FORM: Kent Law Department S\Permit\Plan\CO M P_PLA NA MEN DM ENTS\2007\CPA-2007-4_M idwaySu ha rea PI a n\PEDC\301008_D rftConsultAg rmt_Attach B doc 1 CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical ' disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement 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 1 EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT , EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT i 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 1 EXHIBIT A Midway Subarea Planning Project Scope of Work rSubmitted by Prime: Cascade Design Collaborative Inc. and Subconsultant: Berk & Associates 1. Proiect Description and Understanding The Consultant Team (CT) consisting of, Cascade Design Collaborative inc. (CDC) and Berk & Associates (BAI), will assist the City of Kent (the City) in developing a subarea plan for a portion of the western edge of the City identified as the Midway Study Area, which is located on either side of SR #99 - See _ attached map. The City of Kent will collaborate with the CT in undertaking a robust and inclusive public input process. The CT will lead the Stakeholder Committee (the Stakeholders), open Community Workshops and Open Houses, and a Developers Forum. These meetings will be conducted for the Cities of Kent and Des Moines (the Cities) and will solicit ideas as well as relevant planning 1 data, and design concepts for; identifying potential light rail alignments and associated station and stop locations within the Cities; creating land use scenarios and development details based on public input; and reconciling development standards along the 'zipper" border between the Cities. The CT will then develop two urban design vision plans for review by the Cities and community participants to be sure that the plans are consistent with and reflective of the community's vision of the study area. The Vision Plan will look into the future 30 years and make assumptions regarding growth, development, transit and other urban form making functions that were provided through I existing City documents, the Stakeholders and Community Workshops. The deliverables including the scope of work for this project will correspond to a grant contract with the State of Washington Department of Community Trade and Economic Development (CTED) dated January 31, 2008 included within this scope of work. Two (2) alternatives for the study area will be graphically represented, a variety of graphics representing streetscapes and building forms and summaries of all of the public input will be organized as a final work product that will be delivered to the City by April 2009. The collaborative public involvement component will include property owners, residents, and businesses within the immediate study area, as defined by the Cities, through their planning process. The public involvement process will provide ample opportunity to participate in the planning process for this Subarea. The Cities are committed to engaging all interested parties in the planning process. The City will develop and maintain a website that will keep the public informed throughout the process. The website will provide a platform for public input through a chat-room, and will utilize virtual reality software to illustrate potential land use scenarios that will be developed by the Cities. Preference testing through the web will be conducted by the City as part of public input and include a website comment form. ' Additional comments by participants can also use other means of communication 1 EXHIBIT A in order to give voice to their ideas and concerns. The communication tools , could include: handwritten comment forms that could be left at meetings or mailed in later, someone to transcribe verbal comments, a telephone information line, etc. Results from web based input as well as the other means of communication will help to guide the Cities in the decision making process. 2. Work Program The Midway Subarea planning effort includes the following tasks: Task 1. Stakeholder Committee The Cities will form the Stakeholders to guide the Midway Subarea Planning process. The Stakeholders will explore ideas and identify issues regarding the overall vision for the community as defined by the Study Area map, the future transformation of this area including the transportation options for the Pacific Highway corridor, possible land use and zoning changes, the aesthetics of future development, and opportunities for economic revitalization in the area. The Stakeholders will be driven by the CTED grant deliverables to ensure the following outcomes: ■ Create consistent zoning and land use designations for properties within the shared border of Kent and Des Moines west of Pacific Highway; ■ Identify a preferred high-capacity transit route and station location(s) for the Cities of Kent and Des Moines; • Explore a variety of land uses and zoning options that will be combined into a minimum of two (2) alternatives; and • Explore design elements for a Transit Oriented Development overlay that will be developed for the Cities of Kent and Des Moines. Kent's Planning and Economic Development Committee (PEDC) and Des Moines' Finance and Economic Development Committee (FEDC) along with city staff will identify and invite Stakeholders from the following: both City Councils and Planning Boards/Agencies, representatives from the Cities of SeaTac and Federal Way, the Washington State Department of Transportation (WSDOT), the Puget Sound Regional Council (PSRC), King County METRO, Sound Transit, Seattle Public Utilities, Highline Community College, Chambers of Commerce, members of the community, and others. Berk & Associates will facilitate 4 Stakeholders meetings with assistance from CDC. City staff will provide background data and recent relevant planning information and actions to create a common understanding of existing conditions and potential future growth scenarios for the Stakeholders to discuss. CDC will lead the Stakeholders through a 2 EXHIBIT A collaborative urban design visioning process to identify their vision and values for the Study Area. Land use density, mix of uses and building height, volume, and location, as well as, transit and street improvements will be basic elements for the group to influence. CDC will provide base maps and cut-outs for an interactive board game approach in creating the ' vision plan. The Stakeholders will use the above data to define their vision for future development of the area. CDC will provide concept urban design plans and other visual aids for the workshop process. The 1 following is a brief outline of purpose and expected outcomes for the Stakeholders meetings: 1. Introductions and project objectives; brainstorm vision & values; and explore possible solutions; 2. Generate alternatives for land use regulations, transit alignment, streetscape, and potential public improvements with attention given to making consistent regulations for zig-zag border; 3. Refine land use concepts, transit alignment, streetscape and urban form based on Stakeholders meeting #2, input from the first Community Workshop and the Developers Forum; and 4. Review draft preferred alternatives and make final recommendations. Consultant deliverables: • Coordinate with City staff to develop support material, agenda, and outcomes for Stakeholders meetings - 2 hrs. • Prepare for and facilitate four (4) Stakeholders meetings - 4 staff, 5 hrs. per meeting ■ Coordinate with City staff prior to Stakeholders meetings - 2 hrs. per meeting • Coordinate with City staff to develop Stakeholders meeting materials - 2 hrs. per meeting City's Role: ■ Make arrangement for room, food, and other logistics ■ Identify and invite Stakeholders to participate • Provide existing conditions maps ■ Provide GIS mapping support 1 • Print meeting materials ■ Present past planning projects, issues and actions relevant to the area. • Take meeting minutes and prepare Stakeholders meeting summaries. Task 2 Half-Day Developers Forum - City staff and Berk & Associates will convene a Developers Forum. The purpose of the event will be to obtain candid perspectives from the development community on the development potential, environment, and needs of the Midway study area. Invitees will include a cross ' section of professionals with experience in many development types. ' 3 EXHIBIT A Berk & Associates will facilitate the Developers Forum. City staff will provide and present background data of existing and potential growth scenarios as well as recent relevant planning information and actions in order to create a common understanding and basis for participants to discuss the area. Note: any additional data collection or research requested by the City in writing will be an added service. Consultant deliverables: • Review the list of invitees with City staff to ensure a broad range of perspectives at the forum - 2 hrs. ■ Craft the forum design, agenda, and key questions - 15 hrs. ■ Coordinate with City staff to develop forum materials - 10 hrs. ■ Facilitate meeting - 2 staff, 8 hrs. ■ Prepare a summary of feedback - 12 hrs. City's Role: • Make arrangement room, food, and other logistics ■ Identify and invite participants • Print meeting materials ■ Take meeting minutes Task 3 Community Open Houses and Workshops Four (4) community meetings are planned to obtain public input in the development of land use options for Midway area. Two of these meetings (the first and last) will be Open Houses and will be conducted by city staff with Cascade Design Collaborative presenting urban design concepts and ideas and issues for public discussion and assisting the City staff where needed. The middle two (2) meetings will be visioning Community Workshops or design charrettes that will be conducted by Cascade Design Collaborative with the assistance of the Cities staff. Cascade Design Collaborative Inc. (CDC) will lead the (2) Community visioning and urban design Community Workshops. For the two visioning and design Workshops, City staff will provide and present background data, future growth projections and recent relevant planning information and actions in order to create a common understanding and basis for the Workshop participants. CDC will provide urban design concepts for the public realm improvements, streetscape options, transit options and various housing and mixed use concepts as well as show images of other redevelopment plan concepts and the Cities visioning projects for the participant to assess and respond to. Depending on the estimated attendance CDC will provide staff for up to four tables of 12-14 individuals at each table. If additional community members attend, the City staff will be assigned to lead a table in their design discussions. Note: any new or additional data collection or research requested by the City in writing will be an 4 EXHIBIT A ' added service. The following is a brief outline of purpose and expected outcomes for the Community Workshops: 1. Introductions and project objectives; brainstorm vision & values; and explore alternative land uses, transit alignment (based on the Stakeholders initial alignment), and streetscape; _ and 2. Present land use concepts, transit alignment, streetscape and urban form based on first Community Workshop, Stakeholders meetings and Developers Forum, and refine the concepts to develop two (2) preferred alternatives. CDC will develop the two (2) Alternative concepts from information provided through community input, City documents, plans and policies as well as ideas and concepts that are relevant for urban planning and development for like communities. Consultant deliverables ■ Prepare, conduct and lead two visioning and urban design Charrettes/Workshops - 4 staff, 3 hrs. each workshop -24 hrs ■ Research and develop urban design concepts for the areas that the public will be discussing. - Total 32 hrs. • Create two (2) urban design/development alternatives for the Study Area based on the Stakeholders and Community input and define alternate sub-options within these two alternatives for specific transit and/or hub areas within the Subarea. - Total 50 hrs. ■ Graphically represent the two alternative design options for the Study Area by incorporating different concepts and designs for the following elements; streetscape, building form, new street alignments, open space linkages, and general mix of land uses based on initial input from the first Community Charrette/Workshop, the Stakeholders, the Developers Forum and public comments. - 40 hrs. ■ Assist the City staff in two Open Houses. - 1 staff 4 hrs. each ■ Graphically represent (2) refined Sub-area alternatives based on second Community Workshop and additional feedback from _ Stakeholders, elected officials, and any other public comments. - Total 16 hrs. ■ Report results - Total 12 hrs. City's Role: ■ Make room, food arrangements and contact participants • Lead two Open Houses and support CDC in two Workshops ■ Take meeting minutes and report out ■ Provide existing conditions maps • Provide GIS mapping support ■ Notification of meetings, advertizing, outreach materials ■ Print meeting materials using project branding 5 EXHIBIT A Task 4 Formal Presentations The consultant team (CT) will report to the elected officials of the i Cities as needed in two (2) meetings before the City of Kent's elected officials and two meetings before the City of Des Moines' elected officials. Cascade Design Collaborative will attend and present at these 4 meetings. Consultant deliverables: • Prepare summary 1-2 page bulleted report with graphics for each meeting, including visioning graphics, Sub-area plan alternatives from the Workshops, Developers Forum and Stakeholders meetings, culminating in a 10-15 page narrative describing the two alternative plan concepts, for elected officials. Total 36 hrs. • Present to both Kent and Des Moines elected officials, which would include Department heads and their Project managers, four (4) meetings, 2 hrs. each City's Role: j • Review all materials and final Report prior to submission to elected officials ■ Print reports Task 5 Report & Graphics The consultant will prepare a preferred Urban Design/Development Sub-area Vision Plan and one alternative Vision Plan derived from the input of Stakeholders meetings, Community Workshops, Developers Forum elected officials and public comments. The alternatives will be represented graphically in various graphic formats which may include; plan view (bubble diagram), elevations and/or cross sections, birds- i eye view, with key elements illustrated in perspective sketches, and streetscape and building form design details for use in city generated design guidelines. The consultant will assist the City with SketchUp Pro model building for the design guidelines and web. The City will use much of this information to further refine and develop their GIS modeling efforts. The final report; A summary document of the actions and activities undertaken during the above tasks including an executive summary, estimate 10-20 pages. Total 24 Hrs. Images will be provided to the city as electronic files (i.e., jpg, pdf, bmp) to be specified. 6 EXHIBIT A i_ Written materials reporting out the progress of public outreach will be provided to the city as electronic files (i.e., word). Consultant deliverables: ■ Graphic representation of the preferred alternative and one other alternative as defined above (in electronic format) ■ A series of design details of streetscape and building forms (in electronic format) 1 ■ All written reports provided in electronic format so that all parts of the documents can be reproducible (i.e., doc, esp, jpg, pdf) 3. Proiect Timeframe Initial Public Outreach and collaboration with city staff begins at the date of contract execution. Completed work will be submitted by April 2009 unless extended due to additional scope of work items or due to changes in the elected officials review and presentation schedule. All work will be completed by Mid-April 2009 such that city staff will have sufficient time to complete the required CTED Grant requirements. The completion date for final work products associated with this scope 1 of work will be based on the proposed schedule (See attached schedule). ' 4. Assumptions and Exclusions GIS and other reports or drawing files not identified as products developed by the consultant will be provided by the City. The City will coordinate the advertisement of meetings and workshops. The City will research and contact the necessary Stakeholders to be included in the process. The consultant will bill for additional graphics beyond those identified above at an hourly rate per drawing requested. Additional copies of large format color graphics are the responsibility of the City. The consultant will bill for additional meetings beyond those identified above at an hourly rate for each office. S. Rates and Hours: Proiect Budget $46,000.00 These are estimated hours per Task and a proposed division of the scope of work by Task. Revisions and adjustment can be made by written request and/or via e-mail request. CDC will adjust hours and deliverables to meet the City's request. jCDC average hourly rate is approximately $115.00/hr. Actual rates E. Schmidt = $147, D. Saxen = $105., Staff $65-75. Berk & Associates average rate is approximately $140.00/hr. Actual rates B. Berk 7 EXHIBIT A $250/hr., Maghann Galvin $115/hr., Staff $65-95/hr. The hours for Berk -Task 1 is 38 - 46 hrs. total $ 5,840. The hours for CDC -Task 1 is 28 - 32 hrs. total $ 3,290. The hours for Berk -Task 2 is 54 - 58 hrs. total $ 7,130. The hours for CDC -Task 3 is 172 - 192 hrs. total $ 20,900. The hours for CDC -Task 4 is 42 - 54 hrs. total $ 5,440. The hours for CDC - Task 5 is 22 - 24 hrs. total $ 3,310. ' The hours for Tasks -Totals is 393 - 446 hrs. total $ 45,920. The total to Tasks 1-5 is not to exceed $46,000 including $90 in reimbursable expenses. Management hours are included within each of the Tasks. Perm t�Plan COMP PLAN AMENDMENTS 2007�CPA-2007-4_MidwaySubareaPlan\PEOC1031008_Conslt_ScopeWork_AttchB-ExhB doc i t 8 t OT, uer 60, gad 60. AON 60. 130 60, daS 60, find 60, InC ♦ ♦ X 60, unC ♦ ♦ ) N 60, AeW r ♦ o 4..1 60, add a' 4-+ ♦ � v 60, -Jew o ♦ ♦ ♦ cn z ' N 60, qaj d 60. UeC z° o Q 80, :)aa w ru w ♦ ru 80, AoN ru 80, Po m 1 3 D 0 80, daS 80, End c °�' - o' ro ui _ _ C a 80, InC _ ♦ ♦ ♦ aSJ ¢ � o 80, unC ♦ 000 -,,, a U U U U u 80, AeW ♦ o m 80, AV ♦ Ln - •V Z 80, aeW - - ♦ ♦ LU ul Q 80, qa: o ♦ w 3 s _ (U = a� o l OHIs- ii 0 3 aa3 a E o ,O C � c c c c c = � � _ � U •V _= U W 0) C7 00) y c Y Y c p c = p C a fC 7 07 0) 0) 0l 0) 0 0 0 O WCie 7 = W O _c o ffff f o33o � a. 0 aU- u .� C a _ m �C1 O ° H y cn u v► v � G co - d 0 m H �• ° i q C) j o 0 p •s N 3 u Y aLi u p o t U Kent City Council Meeting Date March 18, 2008 Category Consent Calendar-6Z 1. SUBJECT: LID 360, SE 227TH PLACE SANITARY SEWERS ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. approving and confirming the assessments and assessment roll of Local Improvement District No. 360. At its March 4, 2008, meeting, the Kent City Council held a public hearing on the confirmation of the final assessment roll for LID 360. The council determined that the properties included within the LID were specially benefited by the construction of an 8" sanitary sewer system with 6" side sewer stubs. The assessment amount of each benefited parcel is $20,800. 3. EXHIBITS: Ordinance, Map and Final Roll 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 360 for the construction of an 8" sanitary sewer system with 6" side sewer stubs to the property line for each of the twelve properties included within the local improvement district, as provided by Ordinance No. 3793, and levying and assessing a part of the cost and expense thereof against the several lots, tracts, parcels of land and other property as shown on the assessment roll. RECITALS A. The assessment roll levying the special assessments against the property located in Local Improvement District No. 360 in the City of Kent, Washington, has been filed with the City Clerk as provided by law. B. Notice of the time and place of the hearing to make objections and protests to the roll was published at and for the time and in the manner provided by law fixing the time and place of the hearing for March 4, 2008, at 7:00 p.m., local time, in the Council Chambers in the City Hall, Kent, Washington, and further notice of the hearing was mailed by the City Clerk to ' each property owner shown on the roll. C. At the time and place fixed and designated in the notice, the hearing was held, all written protests received were considered, and all LID 360 Final Assessment Roll Ordinance �0890774 4 persons appearing at the hearing who wished to be heard were heard, and , the City Council, sitting and acting as a Board of Equalization for the purpose of considering the roll and the special benefits to be received by each lot, parcel, and tract of land shown upon that roll, including the increase and enhancement of the fair market value of each parcel of land by reason of the improvement, considered all such protests. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES ORDAIN as follows; ORDINANCE SECTION 1. - Roll Confirmation. The assessments and assessment roll of Local Improvement District ("LID") No. 360, which has been created and established for the purpose of constructing an 8" sanitary sewer system with 6" side sewer stubs to the property line for each of the twelve properties included within the local improvement district, as provided by Ordinance No. 3792, as the same now stands, is approved and confirmed in all things and respects in the total amount of $249,600. SECTION 2. - Findings. 2.1 The LID No. 360 improvements extend the City's public sewer system in Southeast 2271h Place. RCW 35.44.020 authorizes the City to exclude from the cost and expense to be assessed against the properties within an LID any cost of the LID and to pay from any "other monies available therefore" if the City Council so designates by ordinance. The City determines hereby to reduce the assessments against each of the properties in LID No. 360 consistent with that authority. 2.2 While the special benefit to each of the parcels in LID No. 360 is demonstrated, the City determines that the prior representations to the property owners regarding various increases in the estimated assessments from the original estimated amount of approximately $18,000 resulted in a $20,800 suggested a cap on assessments to the properties within the LID, -2- LID 360 Adopt Final Assessment Roll Ordinance although no such cap was intended by the City. This is a unique and limited LID. A reduction in the amount of the assessments is appropriate �j based upon the circumstances of LID No. 360 and shall not constitute a precedent for future considerations by the Council with respect to LID assessments. 2.3 Special Benefit. Each of the lots, tracts, parcels of land, and other property shown upon the assessment roll is determined and declared to be specially benefited by the LID No. 360 improvements in at least the amount charged against those properties, and the assessment appearing against them is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lot, tract, or parcel of land and other property appearing upon the roll the amount of $20,800. SECTION 3. - Nonce of Roll. The assessment roll as approved and confirmed shall be filed with the Finance Department Director of the City for collection, and the Finance Department Director is authorized and directed to publish notice as required by law stating that the roll is in the Director's hands for collection and that payment of any assessment or any portion of that assessment can be made at any time within thirty (30) days from the date of first publication of that notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in fifteen (15) equal annual installments of principal and interest. The interest rate is stated to be six (6.0)% per annum. The first installment of assessments on the assessment roll shall become due and payable during the thirty (30) day period commencing one year after the date of first publication by the Finance Department Director of notice that the assessment roll is in his hands for collection, and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after the first thirty (30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest due on the unpaid balance, shall be collected. Any -3- LID 360 Adopt Final ' Assessment Roll Ordinance installment not paid prior to expiration of the thirty (30) day period during which that installment is due and payable shall become delinquent. Each delinquent installment shall be subject, at the time of delinquency, to a charge under Kent City Code Section 3.22,030 of a penalty levied on both principal and interest due upon that installment equal to the rate fixed in this ordinance above, plus five (5) percent. All delinquent installments also shall be charged interest at the rate as determined above. The collection j of delinquent installments shall be enforced in the manner provided by law. SECTION 4. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication as required by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK -4- LID 360 Adopt Final Assessment Roll Ordinance , APPROVED AS TO FORM: i FOSTER PEPPER PLLC Special Counsel and Bond Counsel iPassed the day of March, 2008. Approved the day of March, 2008. Published the day of March, 2008. -5- LID 360 Adopt Final Assessment Roll Ordinance CERTIFICATION I, the undersigned, city clerk of the city of Kent, Washington, hereby certify as follows: 1. The attached copy of Ordinance No. is a full, true and ' correct copy of an ordinance duly passed at a regular meeting of the city council of the city held at the regular meeting place thereof on March , 2008, as that ordinance appears on the minute book of the City; and the ordinance will be in full force and effect five (5) days after the publication of its summary in the city's official newspaper; and 2. A quorum of the members of the city council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of March, 2008. CITY OF KENT, WASHINGTON BRENDA JACOBER, City Clerk -6- LID 360 Adopt Final Assessment Roll Ordinance KENT SEV FE SOOS CREEK -79-9—RWCE 41 1 WATER AND BOUNql�R SEWER DISTRICT SEWER SERVICE BOUNDARY Ld Rj T L.I,D. 2 4 5 6 BOUNDARY" f,6ti,;�,1 i�12 ":1 j:s' ' -t 1S d > 5 27TH SANITARY /F. i,-ixpllr '1 11645, EXISTING 7 Ew a" SANITARY SEWER 1 -- - -- --; T- Fl —j !----- - !--- ` \�, i , �\- ` � LEGEND ASSESSMENT NUMBER y LID PARCEL SANITARY SEWER \ I i • MANHOLE ( T— -'T 4-'---- - �. QUESTIONNAIRE RESPONSE: PROCEED WITH LID FORMATION r ; I I � CITY OF KENT ENGINEERING DEPARTMENT 400 W. OOWC ST KENT. WA. 98032 SANITARY SEWER LID BOUNDARY MAP KENT S.E. 227TH PLACE ui 0 \,�--, c W......... (I 16TH AVE. S.E. TO 550 FT. EAST) FEBRUARY. 2006 City of Kent LID 360 - Final Assessment Roll S E. 227th Place Sanitary Sewer (116th Ave. S.E.to 550 Feet East) Final 1 Assmt# Property Owner Name Address Parcel# Assessment 1 Mariano Manzano Guzman 11604 SE 227TH PL 809920-0010 $ 20,800 00 KENT WA 98031 Legal Description 1 SUNNY HILL ADD 2 Gregory P+Sandra Honeycutt 11612 SE 227TH PL 809920-0020 $ 20,800 00 KENT WA 98031 Legal Description 2 SUNNY HILL ADD 3 Harvey E +Tiffanette R Litt 11652 SE 227TH PL 809920-0030 $ 20,800 00 KENT WA 98031 1 Legal Description 3 SUNNY HILL ADD 1 4 Ann J Bloomquist 11630 SE 227TH PL 809920-0040 $ 20,800 00 KENT WA 98031 Ann J. Bloomquist P O BOX 1598 ORTING WA 98360 _ Legal Description 4 SUNNY HILL ADD 5 Henry Jr&Jo Anne G Kruize 11636 SE 227TH PL 809920-0050 $ 20,800 00 KENT WA 98031 Legal Description 5 SUNNY HILL ADD 6 Alexander H. Huynh and 11644 SE 227TH PL 809920-0060 $ 20,800 00 Cassandra Ho KENT WA 98031 Legal Description 6 SUNNY HILL ADD 7 E S Gillner 11645 SE 227th PL 809920-0130 $ 20,800 00 KENT WA 98031 Legal Description 13 SUNNY HILL ADD 8 Donald E Woodard 11635 SE 227TH PL 809920-0120 $ 20,800 00 KENT WA 98031 Legal Description 12 SUNNY HILL ADD 3/13/2008 8 36 02 Page- 1 R55LD020 City of Kent LID 360 - Final Assessment Roll S.E. 227th Place Sanitary Sewer (116th Ave. S.E. to 550 Feet East) Final Assmt# Property Owner Name Address Parcel# Assessment 9 Jeffrey J+Stephanie J Cour 11627 SE 227TH PL 809920-0110 $ 20,800 00 Smith KENT WA 98031 Legal Description 11 SUNNY HILL ADD 10 Shelly Ford 1326 BEACON WY S 809920-0100 $ 20,800.00 RENTON WA 98055 Legal Description 10 SUNNY HILL ADD 11 Henberto R. Salazar 11611 SE 227TH PL 809920-0090 $ 20,800.00 KENT WA 98031 ' Transnation Title Attn: Sue Ref. Esc.#20234618 5812 100TH ST. S.W. LAKEWOOD WA 98499 Legal Description 9 SUNNY HILL ADD 12 Peter Enebrad 11605 SE 227TH PL 809920-0080 $ 20,800 00 KENT WA 989031 Legal Description 8 SUNNY HILL ADD LID Assessment Total $ 249,600.00 3/13/2008 8:36:02 Page- 2 R55LD020 Kent City Council Meeting Date March 18,`2008 Category Other Business - 7A 1. SUBJECT: KENT EVENTS CENTER OPERATOR CONTRACT 2. SUMMARY STATEMENT: On July 26, 2007, the Kent City Council �- authorized the Mayor to take all acts necessary to construct the Kent Events Center. In furtherance of Council's directive, City staff requested proposals from firms experienced in operating and maintaining multi-purpose sports and entertainment facilities. The City received four responses to its proposal. After substantial evaluation of the proposals, the City selected the Philadelphia based firm, SMG, a worldwide entertainment conference venue management company. The term of this proposed agreement with SMG is 3 years with an option to renew for an additional 2 years. As operator, SMG will be responsible for booking events and managing the maintenance and other related functions of facility management for the Kent Events Center. In summary, SMG will be paid the following amounts during the term of its contract: $2,000 per month for pre-opening services $134,400 per year for ongoing operations, with an annual CPI adjustment up to $57,600 per year as an incentive fee based on specific achievement criteria, with an annual CPI adjustment 3. EXHIBITS: Memo from Ben Wolters and Operator Agreement 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION:II Councilmember lie. moves, Councilmember v seconds to authorize the Mayor to sign the Kent Events Center Sales, Marketing, and Operational Management Services Agreement with SMG, up to $212,000 during each year of the contract term, subject to final terms and conditions acceptable to the City Attorney and the Economic Development Director. DISCUSSION: `�o y� ACTION: ' f ECONOMIC DEVELOPMENT Ben Wolters, Director Phone: 253-856-5710 Fax: 253-856-6700 ��• KNT Address: 220 Fourth Avenue S. -------WASH-)N GTON Kent, WA. 98032-5895 MEMORANDUM TO: Kent City Council From: Ben Wolters, Tom Brubaker and John Christison Date: March 12, 2008 Subject: Kent Events Center Operator Agreement with SMG Introduction Several Months ago a decision was made to seek the services of a professional facilities management firm to operate the new Kent Event Center for the City of Kent. City staff prepared a Request for Proposal seeking the services of qualified firms and received proposal responses from three highly qualified firms. After careful review of the submitted proposals by a City appointed selection committee, which included City staff, representatives from the community and representatives of the Seattle Thunderbirds, all three firms were invited to interview for this contract award. After the interviews were completed and staff undertook additional due diligence, which included follow-on questions to each submitter related to their proposals. The selection committee determined that SMG was the best choice to manage the new facility and the committee declared them the "apparent successful proposer" and entered into negotiations with SMG to complete a management agreement. Negotiations have now been substantially completed and staff is confident that they have negotiated an agreement that is appropriate for the new facility and the City of Kent. The Agreement The agreement (a copy of which has been provided for your review) addresses the following key issues: 1. That SMG will provide Sales, Marketing and Operational Management services for the Kent Event Center, pursuant to the terms and conditions of the agreement between the City and the Thunderbirds. During the pre-opening period SMG will provide: (a)Consulting services regarding the design of the facility (b)Prepare all necessary polices and procedures required to operate the facility (c) Conduct pre-opening marketing activities (d)Provide all FF&E procurement services (e) Provide additional services related to the sale of naming rights, advertising and sponsorships (f) Plan for the Grand Opening (g)Hire and train all required staff During on-going operations SMG will provide: (a)Sales and Marketing Services, including but not limited to; booking, development of a three year marketing plan, developing a customer service plan, conducting market research, managing ticket sales, assisting the City in securing other required contracts, and developing operating budgets. (b)Operational Services, including but not limited to; operation maintenance and repair of the facility, providing major capital improvements as approved by the City, providing all custodial, setup and landscape maintenance, developing a long term capital plan and a preventative maintenance program, and meeting all Leeds requirements. (c) Administrative Services, including but not limited to acting as the City's representative, issuing license agreements, administering all other facility contracts, recommending pricing, preparing budgets, coordinating security services, managing staff, providing accounting and reporting to the City, expending funds in line with approved budgets and doing such other tasks as might be required for commercially successful operation of the facility. 2. That the agreement will be for a period of ten months for pre-opening services and that the ongoing operational agreement will be for a period of three years with an option for the City to renew the agreement for an additional two years. 3. That SMG will be paid $2,000.00 per month by the City for pre-opening services and that for ongoing operations SMG will be paid a fixed fee of $134,400 per year, adjustable annually based on increase in the Consumer Price Index. Additionally SMG will be eligible to receive as an annual incentive fee an amount no to exceed $57,600.00, based on specific achievement criteria spelled out in the agreement. 4. The City shall fund an Operating account which will be used by SMG to pay for all costs of facility operation as established in the agreement and in line with a budget to be approved by the City. All revenues in excess of those required to meet the operational expenses of the Center as established by the annual operating budget will be turned over to the City as revenue. 5. The City will also pay for all capital expenditures for the facility as ' recommended by SMG and approved by the City. 6. SMG will be required to provide monthly reporting on the performance of the Event Center through reports which shall be specified by the City. 7. The services of SMG will be overseen by a City contract administrator. Recommendation The agreement as presented has been reviewed by City staff, the City's operational consultant and the City Attorney. The staff is recommending that the Council approve the agreement substantially in the form presented subject to final review by the City's Director of Economic Development and the City Attorney KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT THIS SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT ("Agreement") is entered into between the City of Kent, a Washington municipal corporation ("City") and , a corporation, located and doing business at ("Contractor"). RECITALS A. The City has determined to pursue the design, construction, development, leasing, and operation of the Kent Events Center (the "Events Center") on real property located in the City of Kent. B. Contractor has been selected through an RFP selection process and has offered to perform the Sales, Marketing, and Operational Management Services described in this Agreement. C. Contractor has represented to the City that it has substantial experience and expertise in supervising and operating similar public facilities to those being proposed in the City. AGREEMENT ' NOW, THEREFORE, in consideration of the covenants, terms, and conditions contained in this Agreement and for other valuable consideration, City and Contractor agree as follows: I. PURPOSE The purpose of this Agreement is to provide for the operation of the Kent Events Center consistent with the goals of the City, in coordination with the Seattle Thunderbirds Western Hockey League team ("Team") and pursuant to the terms and conditions established in the License Agreement entered into between the City and the Team ("License Agreement"), attached and incorporated as Exhibit A. The City will rely on the Contractor's ability to provide expertise to the City and to its consultants on the design and operation of a high quality state of the art events center at a cost that is appropriate to the City. The City will rely on the Contractor's expertise to assist and advise the City with the negotiation of the Events Center contracts for facilities, products, and services, to direct and control pre- opening marketing, and to efficiently and profitably manage and operate all aspects of the Events Center to the highest standards. All work to be performed in accordance with, and ' subject to, the Team's rights and obligations contained in the License Agreement. The City will rely on the Contractor's expertise to provide and maintain the highest quality operations and achieve the greatest possible profitability, consistent with other City objectives, with specific emphasis on the business goal of the Events Center to generate sufficient revenue to cover all debt service and operating expenses. The Contractor will use its best efforts to achieve all of these objectives in a professional manner, consistent with best industry practices and with all applicable laws and ordinances. The Events Center shall be operated in the public interest to create positive economic and entertainment activities for Citizens of the City of Kent and for the South King County ' region, and the Contractor recognizes this goal in programming for the Events Center. The KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 1 of 27 r Contractor shall optimize use of the Events Center, serving the public needs of the community as well as attracting a wide variety of sporting, entertainment, and community events. The City seeks to protect its significant investment in the Events Center, and will rely on the Contractor to support this objective through high quality maintenance and supervision of major repairs and capital re-investment as the need arises. II. SCOPE OF WORK The Contractor shall provide services and staff, and otherwise do all things necessary for, or incidental to, the performance of the contract work, as set forth below: A. Pre-Opening Services. During the Pre-Opening Period (defined below in Article III), provide support services to the City prior to and during construction of the Events Center and provide those services necessary to market the Events Center and prepare it for opening and operation. At a minimum, these services shall include but not be limited to the following tasks: 1. Provide input to the City, the Team, and its consultants regarding the design of the Events Center. 2. Provide plan review and other consulting activities to assure the quality of the Events Center prior to and during construction. 3. Prepare all policies and procedures required for successful operation of the ' Events Center. 4. Conduct pre-opening marketing activities. ' 5. Plan for grand opening activities. 6. Hire and train all staff to assure a quality level of performance at the time of the Events Center's opening. 7. Assist the City in negotiating required contracts and agreements. 8. Coordinate with local officials to assure that all legal requirements are satisfied prior to opening, including health requirements, liquor licenses, occupancy permits, and any other required certificates or licenses that may be required for operation of the Events Center. 9. Provide all Pre-Opening products and services promised and described in Section 3.2(A) of Contractor's "Proposal for Sales, Marketing, and Operational Management Services for the Kent Events Center," dated November 30, 2007 ' ("RFP"), specifically including, and without limitation, the following: facility construction and design assistance; furnishings, fixtures and equipment ("FFE") design, selection, procurement, and installation; and, procurement of sponsorships, advertisers, and naming rights. ' B. Sales and Marketing ServIces. Provide, or cause to be provided, sales and marketing services for sporting events, concerts, trade shows, community events, and other , events as may be appropriate for the Events Center. The Contractor will coordinate those services with the Team to the extent required under the License Agreement. At a minimum, these services shall include: ' KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 2 of 27 1. Scheduling events, negotiating contracts, and confirming event bookings. f2. Developing a three (3) year marketing plan and offering modifications as deemed advisable over time, with the goal of promoting the Events Center to national, regional, and local clients, promoters, and producers, commercial trade shows, and other events that will benefit the financial success of the Events Center. 3. Providing a sales process that will also accommodate the community's need for a diverse public assembly facility. 4. Developing and implementing a customer service program to provide exceptional customer service to all visitors and guests of the Events Center. 5. Conducting market research to include customer satisfaction surveys of patrons and clients, and reporting those results to the City. 6. Managing all on-site ticket sales with Events Center staff or through a ' separate ticket sales contract while coordinating those ticket sales and box office use with the Team. ' 7. Creating Events Center promotional materials, floor plans, maps, and other materials appropriate to market the Events Center. 8. Developing forms, subject to the approval of the City, to contract for all Events Center rentals, decorating, electrical, A/V, telecommunication, and all other event services for events as required. ' 9. Providing, or causing to be provided, all incidental services required in conjunction with event activity, including food service, concessions, A/V services, telecommunications/data services, and other related or required ' services. 10. Developing, as a part of the annual budget for the Events Center, revenue projections related to rental/charge structures for the various facilities and rooms of the Events Center, equipment, and services provided by the Events Center and outside contractors, subject to the City's approval. ' C. Operating Services. Ensure that the Events Center is maintained in first-class order and repair and in clean, safe, and sanitary condition, all to a superior standard, which shall include, at a minimum: ' 1. Providing operation, maintenance, and repair by competent and qualified employees or contractors, of all HVAC, mechanical, telephone, electrical, plumbing, and other technical systems, such as elevator, sound, lighting, security, fire and life safety monitoring systems, seating, furniture, fixtures, and equipment. 2. Providing major capital repairs/improvements, which shall be made from capital funds supplied by the City. 1 KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 3 of 27 3. Maintaining and providing superior service levels for all groundskeeping, ' housekeeping, custodial, setup and maintenance services, specifically including, without limitation, groundskeeping and custodial services in ' walkways, parking lots, and all public areas of the Events Center. 4. Establishing a schedule of preventative maintenance and renovation to maintain the Events Center in first-class condition. ' S. Providing all painting and structural maintenance and ordinary repair work on the Events Center, including maintenance and repair of roofs, ceiling, doors, windows, floors, and walls (both interior and exterior). 6. Meeting Leadership in Energy and Environmental Design (LEED) Silver ' requirements further described and referenced in Article II, Section D below and as directed by the City. D. LEED Silver Requirements. The Kent Events Center has been designed to ' conserve energy, water, and material resources and to provide a healthy indoor environment for workers and event participants. It will be participating in the Leadership in Energy and Environmental Design (LEED) rating system established by the U.S. Green Building Council to honor buildings that have made design, construction, and operational decisions that contribute to sustainability. The Events Center is designed to achieve a LEED Silver rating within this system. This rating depends on accomplishing targeted sustainability goals in the building, some of which affect the building operations. Thus, the Contractor is an important member of the sustainability team accomplishing this distinguished rating, along with the design and construction teams, the City, and the Team. Some of the areas which affect building operations are listed below along with the credits within the LEED rating system to which they refer: 1. WEc1.1 and 1.2, Water Efficient Landscaping: These credits require the project to provide no permanent landscape irrigation after a two-year establishment period. After the establishment period, plantings can be watered by hand during drought periods. , 2. WEc3.1 and 3.2, Water Use Reduction: These credits will be achieved by installing low-flow water fixtures in the bathroom and locker rooms. 3. MRp1, Storage and Collection of Recyclables: This prerequisite requires ' paper, glass, plastics, and metal to be collected for recycling in the building. 4. EQp2, Environmental Tobacco Smoke Control: This prerequisite requires no smoking in the building and requires that designated smoking areas be located as least 25 ft. away from entries, outdoor air intakes, and operable , windows. 5. EQc7.2, Thermal Comfort Occupant Survey: This credit requires the Contractor to implement a building occupant thermal comfort survey of all staff and to commit to providing a corrective action plan if the survey responses indicate that more than 20% of the people surveyed are dissatisfied. This survey needs to be conducted within 6-18 months after the building is opened and should collect anonymous responses about overall satisfaction with thermal conditions in the building and identify thermal comfort-related problems. The Contractor must also agree to develop a plan KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 4 of 27 ' for corrective action if the survey results indicate that more than 20% of occupants are dissatisfied with thermal comfort in the building. The City's LEED consultant may be available to develop the survey for the building. Alternately, one of several commercially available surveys could be used, but these may need significant changes for this type of facility and may be more extensive than needed for this credit at the Events Center. For an example of a commercially available survey, see the Center for the Built Environment online survey at CBE Demonstration Survey (costs about $1000 per building plus additional costs for changes to the standard survey). 6. IDc1.2, Green Housekeeping: This credit requires Contractor implement a green housekeeping policy specifying the use of green cleaning and maintenance products and processes. The Contractor will be required to develop a green housekeeping plan that includes contracting with a housekeeping service that uses environmentally preferable cleaning products that meet the Green Seal GS-37 standard. In addition, the products selected ' should prioritize concentrated products and utilize packaging that is minimal, recyclable, and well labeled. The plan also should include a training program to educate operations staff (including administrative procurement staff) and occupants on the requirements of the Green Housekeeping Plan and Policy. 7. IDc1.4, Low Mercury Lamps: This credit requires the use of low mercury 1 lamps in the building. Compliant low mercury lamps will be installed initially in the building and the Contractor will be expected to continue the use of these low mercury lamps at the time of re-lamping. For more information on the detailed performance requirements Contractor must meet to comply with the LEED rating system, Contractor should refer to the U.S. Green Building Council website at www.usgbc.org. E. Administrative ServIces. Provide the following minimum level of administrative services required to operate the Events Center: r1. Acting as the City's representative in administering the License Agreement with the Team. 2. Administering all contracts required in the ordinary course of business including, without limitation, the following: services, events, concessions, catering, novelties/merchandise, advertising, and equipment. Negotiate, execute, and deliver, in Contractor's name as an independent contractor for the City, service contracts and vendor agreements, provided that to the extent that any such contract or agreement will extend beyond the 1 Management Term, the City will approve and execute such contract or agreement. 3. Ensuring that the insurance requirements set forth on Exhibit B are met. 4. Informing the City annually as to the proposed establishment of prices and policies, rates, and rate schedules for space rental, lease, and booking agreements, advertising contracts, concession agreements, and other event commitments that the manager will be responsible to negotiate, but which also will be subject to the City's prior approval before going into effect. KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL ' MANAGEMENT SERVICES AGREEMENT - Page 5 of 27 5. Advising the City on new or potential changes to revenue sources, r partnerships, prices, and other factors that will add to the Events Center's financial success. , 6. Preparing an annual operating budget for the Events Center in the format and by scheduled due dates specified by the City, and, specifically, complying with the spending limitations imposed by the budget, including any authorized supplements. 7. Providing or causing to be provided all security services required for the , Events Center and as required by the Kent Police Department for all scheduled events. Security services include maintaining a sufficient number of well-trained, courteous, and qualified security personnel in and about the grounds and the Events Center, as well as other additional personnel as may be required to effectively manage events within the City's lawful requirements. 8. (a) Maintaining an adequate staff of courteous employees on duty and providing appropriate supervision and training of those employees. Employees hired by the Contractor or its subcontractor will be employees , of the Contractor or its subcontractor and not of the City. The Contractor will employ or otherwise contract for its operations only those persons who by training, appearance, and habits are judged to be suitable workers appropriate to the environment of the Events Center. (b) The Contractor will be responsible for all personnel-related matters, including compensation, labor relations with any union or association, , employee training and development (specifically including, without limitation, diversity training, sexual harassment prevention training, and other discrimination and disability training), contract negotiation, dispute resolution, provision of employee uniforms and equipment, employee hiring, job assignment and performance evaluation, and compliance with equal employment opportunity requirements. (c) With the prior consent of the City, which will not be unreasonably withheld, Contractor shall assign to the Events Center a general manager and director level employees, who shall be competent, full-time ' employees for the Events Center. (d) Except with Contractor's prior written consent, during the period ' commencing on the date hereof and ending one (1) year after the termination of this Agreement or one year after separation from Employment, whichever is earlier, the City will not, for any reason, solicit for employment or hire the general manager and/or director-level employees. In addition to any other remedies which Contractor may have, specific performance in the form of injunctive relief shall be available for the enforcement of this provision. 9. Collecting all Operating Revenues (as defined in Article XIV, Section A) generated through the operation of the Events Center. All Operating , Revenues collected by the Contractor from operation of the Events Center shall be the sole property of the City and will be held in trust by the Contractor for the City for application as provided for in the budget and cash KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 6 of 27 flow provisions herein. All Operating Revenues derived from operation of the Events Center shall be deposited by Contractor into an interest-bearing account in a local qualified public depository to be designated by the City in writing ("Facility Operating Account") as soon as practicable upon receipt (but generally not less often than once each business day and based upon need). Revenues that are not defined as Operating Revenues that are received by ' Contractor shall be disbursed immediately to such accounts City may designate from time to time. The Facility Operating Account shall be established by the City, in the name of the City and under the City's federal identification number. As provided for in this Agreement, Contractor shall have the right to withdraw and use the funds in the Facility Operating Account to pay the Operating Expenses (as defined in Article XIV, Section A). The ' specific procedures (and authorized individuals) for making deposits to and withdrawals from such account shall approved by the City, including the procurement of a fidelity bond in an amount approved by the City. ' 10. Expend from the Operating Revenues collected all Operating Expenses necessary for the proper management, operation, maintenance, and supervision of the Events Center, including the Operating Expenses as ' required to operate the Events Center as described in the RFP and in the City's Request for Proposals, within the scope of the established annual budget. Develop short and long term strategies to enhance the financial success of the Events Center and its facilities. 11. Assist the City in developing and implementing rules, regulations, policies ' and procedures, which may impact the use of the Events Center. 12. Subject to the City's approval, solicit, as necessary, competitive bids or proposals for those services, as they become necessary, to undertake the functions required to manage and operate the Events Center and service events. This may include, but not be limited to, such services as maintenance activities, A/V services, ticketing, and other services as may be mutually determined by the Contractor and the City. 13. Provide the City with such financial reports and in the form as directed by the City, to keep the City current and knowledgeable as to the financial and operating performance of the Contractor. 14. Without the prior written consent of the City, which shall not be unreasonably withheld, Contractor shall not enter into any new management agreement for the operation of a similar arena facility within a twenty-five mile radius of the Event Center. Similar arena facilities are defined as arenas having between ' 4,000 and 8,000 seats. F. Event Fund. On or before the opening of the Events Center to the public, ' Contractor shall make a One Hundred Thousand Dollar ($100,000) contribution to a segregated account for the purposes of promoting and developing new event activity at the Events Center ("Event Fund"). Contractor shall, subject to periodic consultation with and consent from the City, manage the Event Fund. The Event Fund will be replenished from the Events Center's profits, if any, from relevant events so that the maximum amount of the Event Fund shall not exceed $100,000. Losses, if any, shall be deducted from the Event Fund without recourse. The Event Fund shall be amortized over five (5) years on a straight- line basis beginning on January 1, 2009. Upon termination of this Agreement, Contractor KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 7 of 27 shall be entitled to withdrawal an amount equal to $100,000 minus the number of Fiscal Years managed by Contractor multiplied by $20,000, without any funding from or set-off rights afforded to the City. For example, in the event that this Agreement is terminated ' after three (3) years and there is a balance of $60,000 in the Event Fund, Contractor would receive $40,000 and the City would retain the remainder of the Event Fund (i.e. $20,000). In the event that the Management Term expires at the end of five (5) years, the Event Fund shall be fully amortized and fully for the account of the Events Center. ' G. Cajoital Improvements/Funding. The obligation to pay for, and the authority to perform, direct, and supervise Capital Equipment (as defined under GAAP) and Capital Improvements (as defined under GAAP) purchases shall remain with the City and will not be considered Operating Expenses. The Contractor shall submit an annual plan that shall include Contractor's recommendation for Capital Equipment and Capital Improvements , purchases to be accomplished during the year and shall be accompanied by an estimate of the cost of all such items and projects and a request that City budget funds therefor. The City shall retain the discretion to determine whether and to what level to fund Capital Equipment and Capital Improvements purchases to the Events Center. ' III. PERIOD OF PERFORMANCE A. Pre-Opening Period. I 1. During the period beginning on March 1, 2008, and ending on December 31, ' 2008 ("Pre-Opening Period"), Contractor will provide pre-opening consulting services as described in this Agreement to the City with respect to the Events Center. 2. In order to provide funding for the expenses set forth in a budget prepared by ' Contractor and approved by the City for the Pre-Opening Period ("Pre- Opening Period Budget"), the City shall, within thirty (30) days of the , execution hereof, advance to the Contractor for deposit in an interest-bearing account established in accordance herewith and withdrawal upon incurring such pre-opening expenses ("Pre-Opening Fund"), an amount equal to or ' greater than the aggregate of the projected Pre-Opening Budget expenses for the three (3) month period beginning on the date hereof. By no later than the first day of each successive (3) three month period during the Pre- Opening Consulting Period, the City shall advance to Contractor such amount as is necessary to replenish the Pre-Opening Fund to a minimum amount equal to the aggregate of projected pre-opening expenses set forth in the Pre- Opening Period Budget for the next three (3) months then in effect. If, at the ' end of the Pre-Opening Period, there is a balance in the Pre-Opening Fund in an amount in excess of the then accrued expenses set forth in the Pre- Opening Period Budget, Contractor shall disburse such excess to the Events ' Center account established hereunder for ongoing maintenance and operations during the Events Center's first year of operation. If, after the first day of any month, the amount of moneys on deposit in the Pre-Opening Fund shall be insufficient for the payment of (a) pre-opening expenses set forth in the Pre-Opening Period Budget then due or budgeted to become due during such month, but only within established budgets or within budget extensions if previously approved by the Contract Administrator, or (b) emergency ' expenditures to which the Contract Administrator has consented, Contractor may, but shall not be required to, advance the amount of such insufficiency out of its funds. In that event, Contractor shall immediately notify the City of ' KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 8 of 27 ' any such advance, and the City shall promptly, but in no event later than the tenth (10th) day following the giving of such notice, reimburse Contractor in an amount equal to such advance. B. Management Term. The Management Term of this Agreement shall commence on January 1, 2009, and end at midnight on December 31, 2011, unless earlier terminated pursuant to the provisions of this Agreement. The City may, in its sole discretion, extend this Agreement for an additional two (2) year period by notifying the Contractor in writing on or before September 15, 2011. jIV. COMPENSATION AND PAYMENT A. Pre-Opening Fee/Fixed Annual Base Fee. 1. As compensation for Contractor's services during the Pre-Opening Services, the City will pay Contractor $2,000 per month on or before the last day of ' each month during the Pre-Opening Period. 2. As base compensation to Contractor for providing the services herein specified ' during the Management Term, the City shall pay Contractor during the Management Term, an annual fixed fee of $134,400, which amount shall be adjusted upward on the first day of each Fiscal Year, other than the first Fiscal Year ending December 31, 2008, by the percentage change in the Consumer Price Index -- All Urban Consumers (CPI-U) -- U.S. City Average -- All Items, during the one year period ending on December 31, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or of any revised ' or successor index hereafter published by the Bureau of Labor Statistics or other agency of the United States Government succeeding to its functions ("CPI"). The foregoing annual fixed compensation shall be payable in equal monthly installments due on or before the last day of each month during such Fiscal Year, and Contractor shall be entitled to draw such amounts from the account described in Article V, Section H. B. Annual Incentive Fee. In addition to the Fixed Annual Base Fee described above, the Contractor shall be eligible, in each operating year of the period of performance under this Agreement, for an annual incentive fee of up to a maximum of $57,600, which amount shall be adjusted upward on the first day of each Fiscal Year, other than the first Fiscal Year ending December 31, 2008, during the Management Term hereof by the percentage change in the CPI ("Annual Incentive Fee"). The Annual Incentive Fee shall be composed as follows: 1. Twenty percent (20%) of the Annual Incentive Fee will be based on customer, City, and Team satisfaction. The level of satisfaction shall be determined by survey conducted by an independent third-party selected by the City. In order to achieve this portion of the Annual Incentive Fee the survey results must show that the Contractor has achieved an average customer/client I satisfaction rating of at least eighty percent (80%) or greater over the course of the operating year. The questions and rating system of the survey instrument will be developed in collaboration with the Contractor, however, the City reserves the right to make final determination as to the content and rating system of the survey instrument. KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL ' MANAGEMENT SERVICES AGREEMENT - Page 9 of 27 2. Ten percent (10%) of the Annual Incentive Fee will be based on completion of ' specific operating goals and objectives which shall be assigned annually to the Contractor by the City. In order to achieve this portion of the Annual Incentive Fee, the Contractor must have completely and successfully completed those assigned goals and objectives. Determination of successful completion shall be at the sole discretion of the City. 3. Fifty percent (50%) of the Annual Incentive Fee shall be based on the Contractor achieving the operating results set out in the Contractor's proforma as presented in the Contractor's RFP. If the Contractor achieves 100% or more of the positive operating results projected in the RFP, the Contractor shall be entitled to 50% of the Annual Incentive Fee. If the Contractor achieves at least 90% but less than 100% of such projected positive operating results, the Contractor shall be entitled to 30% of the Annual Incentive Fee. If the Contractor achieves at least 80% but less than 90% of such projected positive operating results, the Contractor shall be entitled to 20% of the Annual Incentive Fee. If the Contractor achieves at , least 70% but less than 80% of such projected positive operating results, the Contractor shall be entitled to 10% of the Annual Incentive Fee. If the Contractor achieves results below 70% of such projected positive operating ' results, the Contractor shall not be entitled to any of this portion of the incentive fee. 4. Ten percent (10%) of the Annual Incentive Fee shall be based on the , responsiveness of the Contractor to the City. The determination of the Contractor's success shall be made in the sole discretion of the City. 5. Ten percent (10%) of the Annual Incentive Fee shall be based on the , creativity of the Contractor in presenting ideas and concepts that could reasonably be expected to either increase revenue, reduce expense, or improve customer service. The determination of the Contractor's success shall be made in the sole discretion of the City. The incentive fee determined pursuant to this Article IV, Section B shall be payable to j Contractor within thirty (30) days after the City's receipt of an invoice from Contractor setting forth the Operating Revenues and Operating Expenses for the previous Fiscal Year, together with any additional supporting documentation, if approved by the City, and , showing the calculation of the incentive fee payable with respect to such Fiscal Year. The amount of the Annual Incentive Fee for services rendered during any operating ' year during the term of this Agreement shall not exceed the amount of the Fixed Annual Base Fee for services rendered in the same operating year during the term of this Agreement. C. Overhead. All general home office administrative overhead expenses of Contractor's offices, including, without limitation, expenses such as staffing costs, utilities, long-distance telephone calls, courier fees, parking fees, postage, and copying charges shall be paid by Contractor out of its own funds and shall not be reimbursable. V. OPERATING BUDGETS/FUNDING/REPORTING PROCEDURES ' Each annual Operating Budget shall include a pro]ection of Operating Revenues and Operating Expenses, presented on a monthly and annual basis, and the projected Net KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 10 of 27 , ' Operating Loss/Profit for that Operating Year, and the Operating Budget shall serve as an estimate of expected Operating Revenues and Operating Expenses for the Events Center. The Operating Expenses in each annual Operating Budget shall be payable by Contractor with funds from the Facility Operating Account, or from funds otherwise provided by the City, as provided in this Agreement. The following procedures will apply to proposing, establishing, and amending each fiscal year's annual operating budget, including any mid- year budget adjustments, as well as the reporting and approval protocol required for City approval and payment. 1 A. Annual Operating Budget Proposal. At least ninety (90) days prior to the commencement of each Operating Year, the Contractor will prepare and submit to the City a line item budget (in form specified by the City) for the Events Center (the "Operating Budget"). The City agrees to take reasonable commercial steps to provide Contractor, subject to any limitations of applicable law, with all information in its possession that the City reasonably believes is necessary to enable Contractor to prepare the Operating Budget. ' B. City Approval AuthontX. The City and Contractor will use reasonable commercial efforts to cooperate with each other in the preparation of the annual Operating Budget or any mid-year adjustment. In the event of any disagreement regarding a line item expense or the aggregate amounts included in a proposed Operating Budget or mid- year adjustment, the City and Contractor shall use reasonable commercial efforts to attempt to resolve the matter to the mutual satisfaction of the parties. Notwithstanding any other ' provision in this Agreement, each annual Operating Budget and any mid-year adjustment shall be subject to final review and approval by the City, which approval may be withheld or granted in its sole discretion. In order for the City to fully evaluate and analyze the budget or budget adjustment, Contractor will provide, upon the City's request, any financial ' information relating to the Events Center in such form as the City requires. C. Contractor's R/ght to Opt Out. In the event a proposed Operating Budget has not been approved prior to the first day of the period to which it relates, the Operating Budget shall be the budget designated by the City, provided that Contractor shall have ten (10) days after the City designates the Operating Budget to provide the City written notice of termination if, in its good faith reasonable judgment, the Contractor determines that the monies allocated to the Operating Budget either will be insufficient for Contractor to perform its obligations under this Agreement or will significantly limit its ability to earn the annual Incentive Fees. Any termination notice given within this ten-day period cannot take effect ' for at least ninety (90) days from the date the City receives this termination notice. Contractor's election to terminate this Agreement if the parties are unable to agree on the annual Operating Budget shall not constitute a breach or default by either party under this Agreement. If Contractor timely exercises its right of termination under this paragraph, Contractor shall continue to perform its obligations under this Agreement through the termination date, in accordance with the Operating Budget established by the City and the City shall continue to pay Contractor its Fixed Management Fees and Incentive Fees through the date of termination. D. Budget Amendments for Unantlapated Loss or Profit. In the event that it appears reasonably likely, in any Operating Year, that the actual Net Operating Loss/Profit for an Operating Year will be less than projected in the Operating Budget for that Operating Year, the City may either prepare an amended Operating Budget that will be adopted and adhered to by Contractor or request that Contractor prepare a plan for reducing Operating Expenses to a level specified by the City. Contractor shall promptly comply with any expense reduction requested by the City, and the approved budgets for that Operating Year shall be modified accordingly. In the event the City does not approve the amended KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 11 of 27 Operating Budget within a reasonable time after the submission of the amendment, both , parties will meet for a period of not more than two (2) days to resolve in good faith any differences. If, at that point, the parties are still unable to agree to the amendment, the parties shall have the termination rights and liabilities established in Article V, Section C above. E. Adiustments for Extraordinary Events. The parties contemplate that certain extraordinary events may occur during the term of this Agreement that may require budget adjustments. Examples of these extraordinary events, by way of example only and without limitation, would include outlay for unanticipated capital expenses, a loss in the City's available funds, or a dramatic increase in the size and scale of an event or events such that additional funds would be required to cover added operational costs. If extraordinary events occur during any Operating Year that the Contractor could not reasonably have , contemplated at the time the corresponding Operating Budget was prepared, Contractor may submit a budget adjustment to that year's budget for review and approval by the City, which approval may be withheld or granted in its sole discretion. In the event the City does not approve the adjustment to the Operating Budget within a reasonable time after the , submission of the amendment, both parties will meet for a period of not more than two (2) days to resolve in good faith any differences. If, at that point, the parties are still unable to agree to the budget adjustment for extraordinary expenses, the parties shall have the termination rights and liabilities established in Article V, Section C above. F. Amendment for Qualified Management Contract. If required by bond counsel, ' Contractor agrees to make modifications to this Agreement so that the same is, in the opinion of bond counsel, a qualified management contract for purposes of Revenue Procedure 97-13 promulgated by the Internal Revenue Service. In the event those modifications materially increase Contractor's obligations or materially decrease Contractor's , rights or economic benefits, Contractor and the City will cooperate in good faith for a period of thirty (30) days to amend the Agreement and preserve the economic benefits of both parties in a manner that is satisfactory to Contractor, City and the City's bond counsel, each acting in their sole discretion. To the extent the parties do not amend this Agreement within this thirty (30) day period, Contractor shall have the right to terminate this Agreement upon giving not less than ninety (90) days prior written notice to the City, which right may be exercised by Contractor only within ten (10) business days after expiration of the thirty (30) day negotiation period. If Contractor timely exercises its right of termination under this paragraph, Contractor shall continue to perform its obligations through the date of termination and the City shall continue to pay Contractor its Fixed Management Fee and ' Incentive Fee through the date of termination in accordance with this Agreement. G. Adherence to Operating Budget. Contractor shall, in good faith, use its best efforts to manage and operate the Events Center in accordance with the Operating Budget, but shall have no liability for failing to achieve estimated budget amounts, unless that failure is due to Contractor's breach of the terms of this Agreement. Without the prior , written consent of the City, Contractor shall not exceed, commit, or contract to expend any sums in excess of the category amounts allowed in the Operating Budget or otherwise approved by the City, except for the following ('Special Unbudgeted Expenses"): (1) for Operating Expenses for services provided to the Events Center by third parties, the cost of , which is not within the reasonable control of Contractor, such as the costs of utilities and insurance; (ii) approved Emergency Repairs; (iii) increased costs resulting from the scheduling by Contractor of additional revenue producing events or activities at the Events Center, so long as prior to the scheduling of those events or activities, Contractor had a good faith belief that the projected Net Operating Profit (or Loss) for the Operating Year as r KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 12 of 27 set forth in the applicable Operating Budget would be improved as a result of those additional events or activities. lIn no event when taking into account the Special Unbudgeted Expenses will Operating Expenses for a particular budget category exceed, without the prior written approval of the City: (i) ten (10%) percent of budgeted expenses for that category I (categories shall be Salary and Benefits, Utilities, and Other Operating Costs) or (ii) five percent (5%) of the aggregate budgeted Operating Expenses in the Operating Budget (including any amendments or adjustments, if any). Contractor shall immediately report in writing to the City any anticipated expenditures that may exceed the aggregate budgeted Operating Expenses. Unless previously approved by the City, if Contractor incurs any Operating Expenses in excess of the Operating Budget, that expenditure will constitute a violation of this Section, and Contractor shall be responsible for those excess expenditures from its own funds. H. Source of Fundinci. Contractor shall pay all Operating Expenses for the ' operation, maintenance, supervision, and management of the Events Center from the funds in the Facility Operating Account, which Contractor may access periodically for this purpose. The Facility Operating Account shall be funded with amounts generated by operation of the ' Events Center (including Operating Revenues), or otherwise made available by the City. To ensure sufficient funds are available in the Facility Operating Account, the City will transfer to and/or retain in the Facility Operating Account, by the first (1st) business day of each ' month, the budgeted or otherwise approved Operating Expenses for that month unless the Facility Operating Account has uncommitted funds equal to those budgeted amounts on that date. To the extent the uncommitted funds in the Facility Operating Account exceed the budgeted Operating Expenses for a given month, the Contractor shall disburse the excess amounts to the City on or before the fifth (51h) day of that month. Except as otherwise set forth in this Agreement, Contractor shall have no liability to the City or any third party in the event Contractor is unable to perform its obligations due to the fact that sufficient funds 1 are not generated from the operation of the Events Center or otherwise made available by the City in a timely manner. VI. CAPITAL EXPENDITURES. Contractor shall identify capital needs and shall annually, at the time of submission of the annual Operating Budget to the City, provide the City for its approval, which may be ' granted or withheld in the City's sole discretion, a budget of anticipated capital improvements necessary at the Events Center, detailing all aspects of those improvements asserted to be necessary in the coming operating year. This capital expenditures budget 1 shall also contain an annual five (5) and ten (10) year Capital Expenditure forecast for the purpose of allowing the City to consider for inclusion of those forecasts in its future Capital Expenditures budgets and/or for establishment of a capital reserve account. The City shall ' be solely responsible for all Capital Expenditures at the Events Center; provided, however, that the City shall be under no obligation to make those Capital Expenditures. Contractor shall have no authority to make any material alterations or any capital improvements to the Events Center, unless included in that year's Capital Expenditures budget or requested by the City in writing, all exclusively subject to the City making the necessary funds available in the Capital Expenditures budget. Notwithstanding the foregoing, Contractor shall have the right to make Capital Expenditures at the Events Center for Emergency Repairs (defined as the repair of a condition which, if not performed immediately, creates an imminent danger to persons or property and/or an unsafe condition), and the City will reimburse Contractor for those expenditures, except that, in the event any Emergency Repair will exceed $10,000 in one occurrence or $25,000 in the aggregate, the City must first provide KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 13 of 27 I its written approval before proceeding with the emergency work, unless it would be ' unreasonable to obtain the approval due to the circumstances of the emergency, in which case Contractor must employ its best efforts to notify via telephone the City's contract administrator. VII. CITY APPROPRIATION DEFICIENCY. A. Non-Funding. The City shall have no obligation to provide funds for the payment of Operating Expenses incurred or committed for after the date Contractor receives written notice (an "Appropriation Deficiency Notice") of the fact that insufficient funds or no funds have been appropriated for the Events Center, except for Operating Expenses that were contracted, incurred, or committed to prior to Contractor's receipt of the Appropriation Deficiency Notice. B. Payment Rights Upon Receipt of Approonatlon Deficiency Nonce. If the Appropriation Deficiency Notice is of insufficient funds, the City shall pay all Operating Expenses incurred or committed prior to the date Contractor receives the Appropriation , Deficiency Notice. In addition, the City shall pay all Operating Expenses incurred or committed after the notice date that are within the aggregate level of appropriated funds specified in the Appropriations Deficiency Notice. Any failure by the City to provide funds , (beyond the aggregate level of appropriated funds) for the payment of Operating Expenses incurred or committed after Contractor receives an Appropriations Deficiency Notice shall not be a breach of or default under this Agreement by the City. Except for Operating , Expenses that are incurred or committed for after the date Contractor receives the Appropriations Deficiency Notice, any failure by Contractor to perform its obligations under this Agreement shall not be a breach of or default under this Agreement if that breach or default is directly caused by the City's failure to appropriate sufficient funds for the , management, operation, and promotion of the Events Center. C. Termination Rights. If the City appropriates funds at (or reduces ' appropriated funds to) a level that, in Contractor's good faith reasonable judgment, renders the management of the Events Center as contemplated in the Agreement not feasible, Contractor and the City shall meet as necessary to formulate a plan to continue , management of the Events Center at a reduced level of service consistent with anticipated Operating Revenues and available funding. If the parties are unable to agree on a plan within fifteen (15) days after commencing these discussions, either party may terminate this Amendment without liability or penalty to the other, and in that event, the termination , shall not constitute a breach or default by either party. VIII. REPORTING/AUDIT REQUIREMENTS. , Contractor shall carry out the following reporting and audit activities: A. Monthly Reports. Prepare monthly reports regarding the use and operation I of the Events Center as the City may request and in a form that meets the City's requirements. These reports must include information on the activities associated with the operation, management, supervision, and maintenance of the Events Center as well as financial analysis of how the center is operating, a list of upcoming events, a discussion of operating and maintenance issues/concerns, anticipated changes in management, operations or maintenance activities, and other information as appropriate or as requested by the City. r KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 14 of 27 B. Annual Reports. Upon the conclusion of each Operating Year, Contractor shall, as an Operating Expense, cause a certified public accounting firm to develop audited financial reports and to certify compliance with generally accepted accounting practices. The City reserves the right to conduct its own audit of the Events Center. IX. CONTRACT ADMINISTRATION The Contract Administrator for each of the parties shall be the contact person for all communications and billings regarding the performance of this Agreement and in accordance with all notice provisions established in this Agreement. Contract Administrator for Contractor is: Contract Administrator for City is: H. Westley Ben Wolters, SMG Economic Development Director ' 701 Market Street, Suite 4400 City of Kent Philadelphia, PA 19106 220 4th Avenue South Kent, Washington 98032 Phone: 215-592-6600 Phone: (253) 856-5700 Fax: 15-592-6699 Fax: (253) 856-6700 E-mail address: wwestley(cOSMGWorld.com E-mail address: bwoltersCc�ci.kent.wa.us 1 X. REPRESENTATION AND WARRANTIES Contractor represents and warrants to the City as follows: A. There are no actions, suits, or proceedings pending, or to the knowledge of Contractor, threatened against or affecting the Contractor that could have a material adverse effect on the ability of the Contractor to honor its obligations under this Agreement or involving the validity or enforceability of this Agreement at law or in equity. 1 B. Contractor is not in default or in violation with respect to, or operating under or subject to, any order, writ, injunction, decree, or demand of any court or any governmental authority. C. The performance of the work and the transactions contemplated under this Agreement will not result in any breach of, or constitute a default under, any mortgage, deed of trust, lease, bank loan or credit agreement, partnership agreement, corporate charter, bylaws, or other agreement or instrument to which Contractor is a party or by which it or any of its assets may be bound or adversely affected. ' D. Contractor is not insolvent (as such term is defined in the Bankruptcy Code of 1978, 11 U.S.C. Section 101, et seq., as amended) and will not be rendered insolvent by execution of this Agreement or the consummation of the transactions contemplated in this 1 Agreement. Contractor has no counterclaims, offsets, or defenses with respect to this Agreement. KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 15 of 27 XI. INSURANCE The Contractor will procure and maintain for the duration of this Agreement and all i amendments insurance of the types and in the amounts required by Exhibit B attached and incorporated by this reference. XII. ASSURANCES Contractor, its officers, agents, and employees shall comply with all laws applicable to Contractor's management of the Events Center hereunder. Without limiting the foregoing, with respect to the ADA, Contractor will comply with Title III of the ADA and the provision of such auxiliary aids or alternate services as may be required by the ADA. Nothing in this Article XII or elsewhere in this Agreement shall, however, require Contractor to undertake any of the foregoing compliance activity, nor shall Contractor have any liability under this Agreement therefor, if such activity requires any Capital Improvements or Capital Equipment purchases, unless the City provides funds for such Capital Improvements and ' Capital Equipment purchases pursuant to the provisions hereof. Furthermore, Contractor shall have the right to require any licensee, lessee, tenant, promoter, or user of any portion of the Events Center to comply, and to be financially responsible for compliance, with Title III of the ADA in connection with any activities of such licensee, lessee, tenant, promoter, or user at the Events Center. XIII. ORDER OF PRECEDENCE Each of the Exhibits listed below is by this reference incorporated into this Agreement. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by ' giving precedence in the following order: A. Agreed amendments to this Agreement B. This Agreement, including Exhibit B - Insurance Requirements C. Exhibit C - Contractor's Response to Request for Proposal, dated November 30, 2007 D. Exhibit D - City of Kent Request for Proposals, first published on October 29, 2007 E. Any other provision, term, or material incorporated by reference into this Agreement XIV. GENERAL TERMS AND CONDITIONS A. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: 1. "City" shall mean the City of Kent, any division, section, office, unit or other entity of the City, or any of the officers or other officials lawfully representing that City. KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 16 of 27 2. "Contractor" shall mean that firm, provider, organization, individual or other entity performing service(s) under this Agreement, and shall include all employees of the Contractor. 3. Fiscal Year shall mean a period beginning January 1 and ending December 31. 4. "Net Operating Loss/Profit" means Operating Revenues less Operating Expenses. 5. "Operating Expenses" shall mean any and all expenses and expenditures of whatever kind or nature incurred, directly or indirectly, by Contractor in promoting, operating, maintaining, and managing the Events Center, including, but not limited to: employee compensation and related expenses, employee benefits and related costs (e.g., relocation and other related expenses pursuant to Contractor's relocation policy (a copy of which will be provided upon request)), supplies, material and parts costs, independent contractors, advertising, marketing and public relations costs and commissions, janitorial and cleaning expenses, data processing costs, dues, subscriptions and membership costs, the costs of procuring, administering and maintaining the insurance referred to herein, amounts expended to procure and maintain permits and licenses, charges, taxes, excises, penalties and fees, professional fees, printing and stationery costs, event expenses, postage and freight costs, bank services charges, equipment rental costs, computer equipment leases and line charges, repairs and maintenance costs (e.g., elevators and HVAC), security expenses, utility and telephone charges, 1 travel and entertainment expenses in accordance with Contractor's policies, the cost of employee uniforms, safety and medical expenses, exterminator and waste disposal costs, costs relating to the maintenance of signage inventory and systems, the cost of annual independent audits of the Events Center, the cost of compliance with laws and regulations, other start-up expenses associated with the opening of a new facility, costs incurred under agreements, commitments, licenses and contracts executed in Contractor's name as permitted herein, any obligation or liability under or in respect of any contract, agreement or other instrument executed by Contractor in its name as authorized herein provided that Contractor has not breached such contract, agreement or other instrument and the fixed management fees payable to Contractor hereunder, all as determined in accordance with generally accepted accounting principles and recognized on a full accrual basis; provided that Operating Expenses shall not include expenses or expenditures in connection with Capital Improvements and Capital Equipment purchases, the incentive fee payable hereunder and any expenses relating to Contractor personnel based in Contractor's corporate headquarters in Philadelphia, Pennsylvania or its regional field locations (other than the reasonable costs of travel by such corporate or regional personnel in connection with Contractor's management of the Events Center, which costs shall be Operating Expenses). 6. "Operating Revenues" shall mean any and all revenues of every kind or nature derived from owning, operating, managing, or promoting the Events Center, including, but not limited to: license, lease, and concession fees and rentals, revenues from merchandise sales, advertising and sponsorship sales and renewals (including without limitation revenues from the sale of naming rights), event sponsorship revenues, equipment rentals, utility revenues, box KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 17 of 27 i office revenues, ticket surcharges (if any), ticket service fees, parking , revenues, food service and concession revenues (however, if such revenues are collected in the first instance by and retained by the concessionaire, the amount of such revenues owed by the concessionaire to the Events Center shall be included as Operating Revenues), commissions or other revenues from decoration and set-up, security and other subcontractors (however, if such revenues are collected in the first instance by and retained by such subcontractors, the amount of such revenues owed by such contractors to the Events Center shall be included as Operating Revenues), miscellaneous operating revenues, revenues generated from separate agreements with Contractor Affiliates pertaining to the Events Center, and interest revenues, all as determined in accordance with generally accepted accounting principles and recognized on a full accrual basis. For the sake of clarity, the parties acknowledge that revenues from the sale of tickets for events at the Events Center are not Operating Revenues, but are instead revenues of the promoter and/or performer of each such event. To the extent that Contractor collects such ticket sale revenue on behalf of such promoter and/or performer, such ticket sale revenue shall be the source of funds from which Contractor collects the rental charges and other event reimbursements due by such promoter and/or performer for use of the Events Center, which such charges and ' reimbursements are Operating Revenues hereunder. 7. "Subcontractor" shall mean any entity in the employment of the Contractor, who is performing all or part of those services under this Agreement under a I separate contract with the Contractor. The terms "Subcontractor" and "Subcontractors" means Subcontractor(s) in any tier. B. Access to Data. The Contractor shall provide the City, upon the City's , request, access to data generated under this Agreement. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and methodology for those models. C. Amendments. This Agreement may be amended only by mutual agreement of the parties. Amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. D. Assignment. Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the City, which consent may be withheld or granted on conditions in the City's sole and absolute discretion. 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. E. Collateral Assignment. Not withstanding the foregoing, Contractor shall be entitled to assign its rights to receive its fees under the Agreement to its lender(s) as collateral security for Contractor's obligations under any credit facilities provided to it by such lender(s), provided that such collateral assignment shall not in any event cover or affect Contractor's rights to manage, promote or operate the Events Center. Additionally, Contractor generally reserves the right to assign it rights to an affiliate of Contractor in connection with a restructuring of its business with written approval of the City, which approval will not be unreasonably withheld. KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 18 of 27 F. Attorneys' Fees. Except as provided in Article XIV, Section M below, in the event of litigation or other action brought to enforce any of the provisions of this Agreement, each party is responsible to pay all its own attorney fees and costs in bringing that dispute, claim, or litigation, including all appeals. G. Confldentlality / Safeguarding of Information. The Contractor shall not use or disclose any information concerning the City, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the City, or as may be required by law. The 1 parties hereto agree that they shall keep secret and confidential any and all proprietary information (which shall include all documents which Contractor marks as confidential or proprietary), and neither party shall divulge any such information, in whole or in part, to any third party, except as required by law, without the prior written consent of the other party. The parties shall provide notice to the other party of any known or suspected violations of this Section. 1 H. Conflict of Interest. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the City may, in its sole discretion, by written notice to the Contractor terminate this Agreement if it is found after due notice and examination by the City that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW, or any similar statute involving the Contractor in the procurement of, or services under this Agreement. In the event this Agreement is terminated as provided above, the City shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of this Agreement by the Contractor. The rights and remedies of the City 1 provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the City makes any determination under this clause shall be an issue and may be reviewed as provided in the Disputes" clause of this Agreement. I. Copyright ProyIslonS. Unless otherwise provided, all Materials produced under this Agreement shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the City. The City shall be considered the author of those Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, Contractor hereby irrevocably assigns all right, title, and interest in Materials, including all intellectual property rights, to the City effective from the moment of creation of those Materials. As used in this Section titled, "COPYRIGHT PROVISIONS," "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. For Materials that are delivered under the Agreement, but that incorporate pre- existing materials not produced under the Agreement, Contractor hereby grants to the City a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in those Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the City. KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 19 of 27 The Contractor shall exert all reasonable effort to advise the City, at the time of delivery of Materials furnished under this Agreement, of all known or potential copyright infringement issues contained in the Materials and of any portion of those Materials that was not produced in the performance of this Agreement. The City shall receive prompt written notice of each notice or claim of copyright infringement received by the Contractor with respect to any data delivered under this Agreement. The City shall have the right to modify or remove any restrictive markings placed upon the data by the Contractor. J. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Contractor for the purpose of securing business. The City shall have the right, in the event of breach of this clause by the Contractor, to annul this Agreement without liability or, in its discretion, to deduct or recover by other means from the contract price or consideration the full amount of such commission, percentage, brokerage or contingent fee. , K. Disputes. 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. City and Contractor agree that, the existence of a dispute notwithstanding, they will continue without delay to , carry out all their respective responsibilities under this Agreement. L. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for King County. M. Indemnification. 1. Contractor shall defend, indemnify, and hold the City, its officers, officials, agents, volunteers, and employees harmless from and against any and all claims, damages, and expenses, including all legal costs and attorneys fees) (collectively, "Losses") arising from or connected with the Contractor's adjudicated willful misconduct or negligent performance of this Agreement; provided, however, Contractor shall not be responsible for any Losses directly attributable to the following: (a) any breach or default by the party seeking indemnification, (b) Losses that are covered by commercial insurance (i.e., fire insurance) covering (1) the Events Center and its premises for physical damage or other loss and (2) business interruption and extra expenses, or (c) the services of architects, engineers and agents (other than Contractor) retained by the City in connection with the Events Center 2. City shall indemnify, defend, and hold harmless Contractor, its partners, officers, agents, and employees from and against any and all Losses arising from or connected with the City's adjudicated willful KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 20 of 27 misconduct or negligent performance of this Agreement; provided, however, City shall not be responsible for any Losses directly attributable to the following: (a) any breach or default by the party seeking indemnification, or (b) Losses that are covered by commercial insurance (i.e., fire insurance) covering (1) the Events Center and its premises for physical damage or other loss and (2) business interruption and 1 extra expenses. 3. Third party defense costs when neither party has an indemnification claim shall be an Operating Expense. 4. 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. S. The provisions of this Article XIV, Section M, "Indemnification," shall survive the expiration or termination of this Agreement. N. Independent Canacltv of the Contractor. The parties intend that an independent contractor relationship will be created by this Agreement. The Contractor and its employees or agents performing under this Agreement are not employees or agents of the City. The Contractor will not hold itself out as or claim to be an officer or employee of the City by reason of this Agreement, nor will the Contractor make any claim of right, I privilege, or benefit that would accrue to a City employee under law. Conduct and control of the work will be solely with the Contractor. O. Industrial Insurance Coverac7e. The Contractor will at all times comply with all applicable workers' compensation title 51 RCW provisions, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. The City will not be held responsible in any way for claims filed by the Contractor or its employees for services performed under the terms of this Agreement. Prior to performing work under this Agreement, the Contractor shall provide or purchase industrial insurance coverage for the Contractor's employees, as may be required of an "employer" as defined in Title 51 RCW, and shall maintain full compliance with Title 51 RCW during the course of this Agreement. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the City may ' deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the City under this Agreement, and transmit the deducted amount to the Department of Labor and Industries, Division of Insurance Services. In addition, failure to ' maintain and pay for this insurance constitutes a material breach under this Agreement, and the City may immediately or prospectively to a date certain terminate this Agreement without further cause and without further recourse by the Contractor. This provision does not waive any of L&I's rights to collect from the Contractor. tP. Compliance w1th Laws, Licensing, Accreditation, And Reglstratlon. The Contractor shall comply with all applicable local, state, and federal laws, rules, and regulations, including without limitation licensing, accreditation, and registration KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 21 of 27 requirements/standards, necessary for the performance of this Agreement. The Contractor , must be licensed to do business in the State of Washington and the City of Kent. Q. Limitation Of Authonty. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement can only be effective or binding if made in writing and signed by both parties. Further, only the Contract Administrator, or designee, by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. 1. Non-Compliance with Non-DIscrlminatlon Laws. In the event of the Contractor's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled, or terminated in whole or in part. The Contractor shall, however, be given a reasonable time (which time the City shall determine in its sole discretion) in which to cure this noncompliance. 2. Non-DISCnminatlon. During the performance of this Agreement, the ' Contractor shall comply with all federal and state nondiscrimination laws, regulations, and policies. R. Notices - Generally. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served on, or given to either party to this Agreement shall be in writing and shall be deemed properly delivered, given, or served when personally delivered to such party, or in lieu of personal service, mailed by United States mail, express, certified, or registered, postage prepaid to the contact person and addresses set forth in this Agreement. Any written notice hereunder shall become effective three (3) calendar days after the date of mailing, or if mailed via overnight delivery services, twenty-four (24) hours after delivery to the overnight delivery service. Either party may change its address for the purpose of this Section by giving ten (10) calendar days' advance written notice of that change to the other party in the manner provided herein. S. Notice of Claims and Lawsuits. In the event a claim is filed or lawsuit is brought against Contractor or its employees for actions arising out of its operation and maintenance of the Events Center, Contractor shall notify and provide the City with a copy of such claim or lawsuit within five (5) business days of its receipt by Contractor. T. Privacy. To the extent allowed by law, personal information collected, used, or acquired in connection with this Agreement shall be used solely for the purposes of this ' Agreement. Contractor and its Subcontractors agree not to release, divulge, publish, transfer, sell, or otherwise make known to unauthorized persons personal information without the express written consent of the City or as provided by law. Contractor agrees to ' implement physical, electronic, and managerial safeguards to prevent unauthorized access of personal information. Contractor acknowledges the City is a public agency subject to the state Public Records Act, chapter 42.56 RCW, and may be required to disclose records within the City's possession or control that relate to the Contractor, its business, or the operation and maintenance of the Events Center upon the City's receipt of a proper request for such records. The City reserves the right to monitor, audit, or investigate the use of personal , information collected, used, or acquired by the Contractor through this Agreement. The monitoring, auditing, or investigating may include but is not limited to salting by the City. KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 22 of 27 Contractor shall certify return or destruction of all personal information upon expiration of this Agreement. "Salting" is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database, Any breach of this provision may result in termination of the Agreement and the I demand for return of all personal information. For purposes of this provision, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person's health, finances, education, business, use or receipt of governmental services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers, and other identifying numbers. U. Publicity. The Contractor agrees to submit to the City all advertising and publicity matters relating to this Agreement which, in the City's judgment, City's name can be implied or is specifically mentioned. The Contractor agrees not to publish or use such advertising and publicity matters without the prior written consent of the City. V. Records Maintenance. The Contractor shall maintain complete financial records relating to this Agreement and the services rendered, including all books, records, documents, electronic database, magnetic media, receipts, invoices, and shall maintain all other evidence relating to this Agreement and performance of the services described herein, including but not limited to, accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Contractor shall retain these records for a period of six years following the date of final payment. At no additional cost, these records shall be subject at all reasonable times to inspection, review, or audit by the City, the Office of the State Auditor, and federal and state officials so authorized by law, rule, regulation, or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. W. Registration With Department Of Revenue. The Contractor shall complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this Agreement. X. Right Of Inspection. The Contractor shall provide right of access to the City, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times at any of its business locations, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. Y. Site Secunty. While on City premises, Contractor, its agents, employees, or Subcontractors shall conform in all respects with physical, fire, or other security regulations. Z. Subcontracting. Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. AA. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Contractor or its staff, and all filings therefor, shall be the sole responsibility of the Contractor. KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 23 of 27 BB. Waiver. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by both parties. XV. TERMINATION A. Termination For Default. Either party may terminate this Agreement upon a default by the other party hereunder. A party shall be in default hereunder if (i) such party fails to pay any sum payable hereunder within thirty (30) days after same is due and payable, or (if) such party fails in any material respect to perform or comply with any of the other terms, covenants, agreements, or conditions hereof and such failure continues for more than thirty (30) days after written notice thereof from the other party. In the event that a default (other than a default in the payment of money) is not reasonably susceptible to being cured within the thirty (30) day period, the defaulting party shall not be considered in default if it shall within three (3) days have commenced with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default. In the event of a default, the City reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Contractor from incurring , additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by the City to terminate the Agreement. B. Damages. In the event of termination, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Agreement and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g. cost of the competitive bidding, mailing, advertising and staff time. The rights and remedies of the City provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. C. Terminatlon Procedures. Upon termination of this Agreement, the City, in addition to any other rights provided in this Agreement, may require the Contractor to deliver to the City any property specifically produced or acquired for the performance of the part of this Agreement that was terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. The City shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by the City, and the amount agreed upon by the parties for (i) completed work and services for which no separate price is stated, (if) partially completed work and services, (iii) other property or services that are accepted by the City, and (iv) the protection and preservation of property, unless the termination is for default, in which case the City shall determine the extent of the liability of the City. Failure to agree to the City's determination shall be a dispute within the meaning of the "Disputes" clause of this Agreement. The City may withhold from any amounts due the Contractor such sum as the City determines to be necessary to protect the City against potential loss or liability. The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 24 of 27 jAfter receipt of a notice of termination, and except as otherwise directed by the City's Contract Administrator, without any further action on the part of Contractor or the City, the City shall, or shall cause another management company retained by it to, accept the assignment of Contractor's rights, and assume and perform all of Contractor's obligations, arising after the date of expiration or termination of this Agreement, under any licenses, occupancy agreements, rental agreements, booking commitments, advertising agreements, concession agreements, and any other contracts relating to the Events Center which have been executed by Contractor hereunder, except (a) to the extent that any such license, agreement, commitment or contract was executed by Contractor in violation of any of the restrictions applicable to Contractor's right to execute such licenses, agreements, commitments or contracts contained in this Agreement and (b) for any such license, agreement, commitment or contract to which the consent of the other party thereto is required for such assignment and assumption unless such consent is obtained (in the case of any such consent, Contractor will use commercially reasonable efforts to obtain such consent and the City will cooperate in any reasonable manner with Contractor to obtain such consent). Without limiting the generality of the foregoing, the Contractor shall: 1. Stop work under the Agreement on the date, and to the extent specified, in the notice; 2. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under 1 the Agreement that is not terminated and except for those materials and services absolutely necessary to continue the contract work up to the termination date; 3. Assign to the City or a successor management company hired by the City, in the manner, at the times, and to the extent directed by the City's Contract Administrator, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the City has the right, at its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the City to the extent City may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to the City and deliver in the manner, at the times, and to the extent directed by the City any property which, if the Agreement had been completed, would have been required to be furnished to the City; 6. Complete performance of such part of the work as shall not have been terminated by the City; and 7. Take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to this Agreement which is in the possession of the Contractor and in which the City has or may acquire an interest. 1 KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 25 of 27 XVI. TREATMENT OF ASSETS A. Treatment Of Assets. Title to all property furnished by the City shall remain with the City. Title to all property furnished by the Contractor, the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this Agreement, shall pass to and vest in the City upon delivery of such property. Title to other property, the cost of which is reimbursable to the Contractor under this Agreement, shall pass to and vest in the City upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the City in whole or in part, whichever first occurs. 1. Any property of the City furnished to the Contractor shall, unless otherwise provided herein or approved by the City, be used only for the performance of this Agreement. 2. The Contractor shall be responsible for any loss or damage to personal property of the City which results from the willful misuse or negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices, normal wear and tear excepted. 3. If any City personal property is lost, destroyed or damaged through the negligence of Contractor, the Contractor shall immediately notify the City and shall immediately replace that property from its operating funds and, if damaged, take all reasonable steps to protect the property from further damage. 4. The Contractor shall surrender to the City all property of the City prior to settlement upon completion, termination or cancellation of this Agreement. 5. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. XVII. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, the City may terminate the Agreement under the "Termination for Convenience" clause, without the ten (10) day notice requirement, subject to renegotiation at the City's discretion under those new funding limitations and conditions. XVIII.SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. XIX. ENTIRE AGREEMENT This Agreement, including its referenced exhibits, represent all the terms and conditions agreed to between the parties and shall supersede all prior verbal statements of any officer or representative of the City. No other understandings or representations, oral or KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT - Page 26 of 27 otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. ' Nothing contained in this Agreement shall be deemed to give any third party any claim or right of action against the City or the Contractor that does not otherwise exist without regard to this Agreement. XX. CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law. XXI. FORCE MAJEURE No party will be liable or responsible to the other party for any delay, damage, loss, failure, or inability to perform caused by "Force Majeure" if notice is provided to the other party within ten (10) days of date on which such party gains actual knowledge of the event of "Force Majeure" that such party is unable to perform. The term "Force Majeure" as used in this Agreement means the following: an act of God, strike, war, public rioting, lightning, fire, storm, flood, explosions, epidemics, landslides, lightening storms, earthquakes, floods, storms, washouts, civil disturbances, explosions, freezing of equipment, terrorist acts, and any other cause which is not reasonably within the control of the party whose performance is to be excused and which by the exercise of due diligence could not be reasonably prevented or overcome (it being acknowledged that under no circumstances shall a failure to pay amounts due and payable hereunder be excusable due to a Force Majeure). XXII. APPROVAL This Agreement shall be subject to the written approval of the Kent City Council, the City's authorized representative, and its City Attorney, and shall not be binding until so approved. THIS AGREEMENT, consisting of pages and Exhibits A through D, is executed by the persons signing below who warrant that they have the authority to execute the Agreement. SMG City of Kent ' Signature Suzette Cooke Mayor Title Date Title Date Ben Wolters, Economic Dev. Director Date Approved as to Form: Tom Brubaker, City Attorney Date r� KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL 1 MANAGEMENT SERVICES AGREEMENT - Page 27 of 27 jEXHIBIT B - INSURANCE AND BOND REQUIREMENTS (to the Kent Events Center Operations and Management Agreement) rTypes and Amounts of Insurance Coverage. The Contractor agrees to obtain insurance coverage in the types and amounts set forth below. A. TYPES 1. Automobile Liability insurance covering all owned, non-owned, hired and 1 leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent 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 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/Errors & Omissions insurance appropriate to the Contractor's profession. 5. Umbrella or Excess Liability covering both the Automobile and Commercial General Liability Policies. B. AMOUNTS 1. Automobile Liability $1,000,000 minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability written with limits no less than $1,000,000 each occurrence. 3. Professional Liability/Errors & Omissions Insurance written with limits no less than $1,000,000 each occurrence. 4. Umbrella or Excess Liability written with limits no less than $10,000,000 per occurrence in excess of the CGL policy cited above. 5. Other Insurance Provisions a. Endorsement. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: i. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. ii. The Contractor's insurance shall be endorsed to state that t 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. iii. The City of Kent shall be named as an additional insured on all policies (except for Workers Compensation and 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. b. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. C. Venfication 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. d. 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 provided that the General Liability limit will be $1,000,000 each occurrence and no Professional Liability or Performance Bond insurance will be required. C. TYPES AND AMOUNTS OF BONDS 1. Fidelity Bonds. Those employees of Contractor who have access to or are responsible for the funds generated under this Agreement shall be bonded by a fidelity bond in the amount of $1,000,000. The Contractor shall be responsible for any losses attributable to its' employees that are not covered by insurance and/or fidelity bonds. 2. Performance Bonds. Contractor shall supply to the City, in a form acceptable to the City, a Performance Bond in the amount of Five Hundred Thousand Dollars ($500,000) to protect against loss due to the inability or refusal of Contractor to perform under this Agreement. Contractor shall provide evidence to the City of its' having obtained such bond prior to the effective date of the Operations and Management Agreement, and ' thereafter no later than thirty (30) days prior to the beginning of each new operating year. 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 MA. 4AS G. PUBLIC WORKS d C.Q.e, ti✓ 3 hlL c�.e� GtNu wv H. ADMINISTRATION a2j4-,) "T—I rP uw Uv L-f— REPORTS FROM SPECIAL COMMITTEES 1 KENT WAS H IN O T O N OPERATIONS COMMITTEE MINUTES FEBRUARY 19, 2008 Committee Members Present: Debbie Raplee and Tim Clark. Les Thomas was excused from attending. The meeting was called to order by Chair Tim Clark at 4:01 p.m. 1. APPROVAL OF MINUTES DATED FEBRUARY 5, 2008 Debbie Raplee moved to approve the minutes of the February 5, 2008, Operation Committee meeting. Tim Clark seconded the motion, which passed 3-0, with Les Thomas' concurrence. 2. APPROVAL OF VOUCHERS DATED FEBRUARY 15, 2008 Finance Director Bob Nachlinger presented the vouchers for February 15, 2008, for approval. Debbie Raplee moved to approve the vouchers dated February 15, 2008. Tim Clark seconded the motion, which passed 3-0, with Les Thomas' concurrence. 3. NEW POLICE HEADQUARTERS Chief Administrative Officer John Hodgson presented the New Police Headquarters agenda item. Hodgson advised that in 2007, the City renewed the programming and space study for the Police Department. Through that study it was determined that the Police Department needed about 70,000 square feet of space to accommodate their needs for the next 25 years. With numerous other facility requirements needed to accommodate current growth and the looming annexation, a team of City staff have been exploring other construction alternatives to expand city facilities within the nearby adjacency of City Hall, including purchase, lease, or option agreements for existing buildings. Hodgson advised the City is requesting that Council add $50,000 to the appropriate budget to fund existing facilities research and development, and that the Mayor be authorized to enter into a contract with Ambia Architecture to do an analysis of construction alternatives. Questions were raised by the Committee which Hodgson responded to. Debbie Raplee moved to request Council approve adding P q Pp 9 50000 to the� appropriate budget to fund existing facilities research and development, and authorize the Mayor to enter into a contract with Ambia Architecture to do an analysis of construction alternatives. Tim Clark seconded the motion, which passed 3-0, with Les Thomas' concurrence. Operations Committee Minutes February 19, 2008 Page: 2 4. NON-UNION EMPLOYEE COMPENSATION STUDY ' Human Resource Analyst Ray Luevanos and Benefits Manager Becky Fowler presented for informational purposes only the Non-Union Employee Compensation Study. Luevanos advised that the Non-Union Employee Compensation Study is the next phase upon conclusion of the Managerial study. He advised that the Compensation Task Force members, which consists of a employee from each department of the City have helped to gather information for each department and have compared current salaries for non- union employees to comparable cities of similar size and proximity in Western Washington. Luevanos and Fowler advised they will continue to work on the study and prior to taking any action will come to the Committee and Council for approval. Questions were asked by the Committee which Luevanos and Fowler responded to. No action taken. ' The meeting adjourned at 4:19 p.m. r� Renee Cameron Operations Committee Secretary ' 1 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES ' 7ANUARY 14, 2008 Committee Members Chair Elizabeth Albertson, Bob O'Brien and Tim Clark. Chair Albertson called the meeting to order at 5:00 p.m. Approval of Minutes O'Brien MOVED and Clark SECONDED a MOTION to approve the minutes of January 14, 2008. Motion PASSED 3-0. Truck Parking — Code Enforcement Update Building Official Bob Hutchinson reported on truck parking in residential areas. He clarified for the Committee that trucks parked on residential streets in public right- of-ways is an infraction handled by the police department and citizens are encouraged to dial 911 for assistance. Kent City code Title 15 provides criteria for parking on residential properties (a civil violation) monitored by Kent's Code Enforcement Division. Hutchinson stated that in 2006 Kent focused attention on the problem of ' commercial trucks parking in residential districts which lead to Kent City Council enacting prohibition of these violations in 2006. He directed attention to a chart depicting increases in violations in 2006, stating that only 6 to 7 percent of the 1 caseload was comprised of truck parking violations. Hutchinson stated that the City has not had many repeat offenders; however, from time to time the City may see new offenders as truck drivers' move to Kent and search for temporary parking for their vehicles. ' Community Development Director Fred Satterstrom, in response to Clark's concerns about continued problems with trucks parking along 132nd Avenue, stated that despite public testimony to the contrary, he believes that the number of illegally parked vehicles along 132"d Avenue has decreased, citing his personal observations while traveling that route. He stated that overall the situation has improved. Satterstrom stated that the Police Department monitors vehicles parked illegally on public streets, issuing 140 tickets last year and while a majority of those vehicles were parked in industrial areas, a large segment were located on East Hill along 256th and 232"d ' Hutchinson stated that the public should call the Code Violations Department at 253.856.5409 to report commercial trucks parked on residential streets, and should call 911 to report vehicles parked illegally on public streets. Adiournment Chair Albertson adjourned the meeting at 5:20 p.m. ' Pamela Mottram Planning Services/PEDC Secretary S \Permit\Plan\PEDC\2008\Minutes\011408PEDCm in doc PEDC Minutes January 14, 2008 Page 1 of 1 3 CITY OF KENT PLANNING & ECONOMIC DEVELOPMENT COMMITTEE CITY OF DES MOINES FINANCE & ECONOMIC DEVELOPMENT COMMITTEE MINUTES FEBRUARY 11, 2008 The meeting commenced at 5:00 p.m. Approval of Minutes ' None at this time. Attendees ' Those in attendance from the City of Kent included the Planning and Economic Development Committee (PEDC) members: Elizabeth Albertson-Chair, Bob O'Brien and Tim Clark. Other Kent staff included; Fred Satterstrom CD Director; Charlene ' Anderson Planning Manager, Gloria Gould-Wessen Planner/GIS Coordinator, Ion Arai Planner, William Osborne Planner, Diamatris Winston Planner, and Jed Aldridge Employee Services Manager (Meeting Facilitator). Those in attendance from the City of Des Moines included the Finance and Economic Development Committee (FEDC) members: Mayor Bob Sheckler-Chair, ' Scott Thomasson and Carmen Scott. Other Des Moines staff included; Tony Piasecki City Manager, Grant Fredricks PW Director, Denise Lathrop Planning Manager, and Jason Sullivan Planner. Those in attendance from the community included Tom Washington Washington State Dept of Transportation, Steve Rodrigues Developer, Katie Chalmers King County, Brad Corner Kent Property Owner, Bridget Myers Kent Property Owner, and Kathi Jones Property Owner. ' Introductions City of Kent Community Development Director Fred Satterstrom introduced himself, stating that he worked for the City of Des Moines for one year prior to his employment with the City of Kent, where he has been for 25 years. He recalled that the Des Moines Mayor and City Council advocated for planning and were the first to initiate a Shoreline Program. He stated that he believes Des Moines has been active in specific land use planning efforts along Highway 99, while Kent has been in the process of spending more time thinking about the broader area along Highway 99. Satterstrom stated that he believes the Grant Application is a reflection of that thinking. Satterstrom stated that Kent and Des Moines jointly applied and were awarded a ' grant from CTED. He stated that the purpose of this meeting is for the council members from the two cities to come to an agreement or consensus on the study area boundary, the Mission and Goals for the project; and make recommendations on the list of stakeholders who will be recruited to help guide the study. PEDC/FEDC Minutes Kent and Des Moines February 11, 2008 Page 1 of 6 Satterstrom stated that the Midway area is a historic term that staff will use to define the study area. Lathrop stated that a number of planning activities have taken place along the Pacific Highway Corridor. She stated that the City of Des Moines undertook a two year planning process (1998-2000) to look at land use along the Pacific Ridge Corridor. Lathrop stated that Pacific Ridge is an underdeveloped area to the north of the Kent Des Moines Road. Lathrop stated that through the planning process, the community came together to establish a vision for this area, looking at Pacific Highway South as more than just a transportation corridor. Lathrop stated that from the planning process came a clear vision statement, goals and policies, as well as development regulations, and , design standards. Lathrop stated that in 2003 the University of Washington Graduate Student , Program completed a study for the Cities of Renton and Des Moines on the Midway area. Lathrop stated that even though the plans were never officially adopted by either of our cities, it did reflect some thinking from the community about what , might be possible in the Midway area. This study led us into our planning grant application with CTED. Lathrop stated that in 2006 the Office of CTED had routed their grant applications and staff started talking internally. She stated that Des Moines has a zigzag border that is shared with the City of Kent, with a few parcels divided by Kent and in Des Moines. Lathrop stated that it is sometimes confusing for citizens when they try to obtain a building permit. Lathrop stated that staff saw this as an opportunity to begin talking about these issues. She stated that in addition to the regular land uses, a lot of transportation improvements have occurred along the corridor. Lathrop stated that there are a lot of proposed transportation improvements planned for this area. Lathrop stated that Des Moines formed a partnership with Kent a couple years ago when applying for the 2006 grant and met with the Council Finance and Economic Development Committee to see if this seemed like a good approach. Lathrop stated that one criteria for the grant required letters of support from both of our Mayors about the scope of this project and what we were proposing. She stated that we began conversations with those various agencies, asking them to ' contribute letters of support for our grant application. Gould-Wessen defined a Sub Area Plan, using the Pacific Ridge Subarea Plan as an illustration and that the City of Kent will be creating a Subarea Plan for Midway to possibly develop a planned action ordinance for certain areas. She stated that staff will look at land uses, transportation and infrastructure through this sub area plan. Gould-Wessen stated that this is going to be a joint visioning process including business property owners and residents from Kent and Des Moines, which will include a stakeholders group and community meetings. PEDC-Minutes February 11, 2008 Page 2 of 6 5 Gould-Wessen stated there will be an interactive website available; that will engage the community using virtual reality software, possibly utilizing this medium at the public workshops as well. She stated that the city will be able to create a ' illustration of the development options for the community to see in three- dimensional form, based on the input we get from the community and stakeholders. ' Gould-Wessen stated that Midway is a historic place, citing the Spanish Castle Midway Drive-In (a hot spot from the 30's through the 60's).. She cited Highline Community College as a key resource and road improvements along Pacific ' Highway have made it safer for walking. Gould-Wessen indicated there are a number of under-utilized properties scattered throughout the study area. We want to be ready for future development. Lathrop stated that staff wants to look at Pacific Ridge as it relates to the transportation improvements. She stated that Des Moines is seeing the first phase of their Pacific Place' project start up with the construction of a senior housing facility, which could potentially lead to other properties showing interest in redevelopment. Lathrop stated that one of the goals for tonight is defining the direction for this ' project by establishing a Mission Statement for the work that we are going to do, defining the goals for this project, establish the study area boundary, and identify additional stakeholders. City of Kent Employment Manager Jed Aldridge stated that he has worked for the City of Kent for 35 years and has facilitated about 90 team building sessions to date. He stated that the objective for this meeting is to establish in clearly understood terms, the direction of the visioning process that will result in land use polices development regulations, and implementation strategies along Pacific ' Highway. The committee members responded to Aldridge's request as to what they would like to accomplish at this meetings as well as voicing any concerns about what staff is doing. ' Clark stated that he has reviewed the Plan and supports the concept of a common planning process in permitting. Clark stated that one objective that he would like to see expanded tonight would be to explore the possibilities of the multiplier affect of the assets of the area. He defined a multiplier affect as; if a business with the need for technically trained employees were looking for a locale on the south end, Highline Community College would build a program to meet that need. Clark stated that no matter what happens here, he wants this area to get set for ' fiber optic wiring and voiced his concern that this may not be done. City of Des Moines Mayor Shackler stated that it is a pleasure to meet with the City of Kent, as we have so much in common. He stated that many people do not know where Kent and Des Moines are in relationship to boundaries. Sheckler stated that ' PEDC-Minutes February 11, 2008 Page 3 of 6 it is clear that the boundaries need to be changed to relieve confusion. He stated that his concern would involve the economics that would drive the decisions for the boundary changes. Thomasson stated that last Thursday, when Council was briefed on this Grant, he , was concerned that there were a lot of words in the Grant written as goals that predispose an outcome. He voiced concern, that if this area were to be redefined , as an Urban Center, that connotation would trigger requirements through the Growth Management Act (GMA) that we do not want to be part of. Thomasson stated that he would like to predominately see land uses on Des Moines side of the highway be reconciled, and would like an agreement on where light rail lines should be placed as well as where to place the park and ride lot. , Albertson stated that it is her belief that this Grant has charged us with the mission to look at our planning policies in a cohesive way to make it easier for property owners to obtain the best use of their property. She stated that she is concerned if this study can be completed in the short time frame allotted by the Grant and that our time is very valuable, therefore we need to use our time wisely. , Aldridge stated that it is our desire tonight to arrive at a consensus on several important and controversial issues; defining consensus' as "I can live with it and support it, and stating that consensus' does not mean this is the very best solution possible. Aldridge set the ground rules for the meeting, asking that everyone assume positive intent such as how can we improve this Midway area to everybody's benefit. Aldridge used the analogy of a "parking lot" to state that this is an effective tool where we can park issues, actions, and decisions that people want to talk about that has the potential to derail a project or a meeting. The one item we are not going to discuss tonight is the irregular boundary. Aldridge stated that this is one of those rare opportunities to bring together two diverse political entities that typically don't get invited to the table together to work , at developing the framework that will get incorporated into an Inter-local Agreement that will guide the project, focus public outreach, and also measure the progress of the Grant. ' The Committee Members deliberated at length on where they would like to see the boundaries established for the study area. Aldridge directed the committee members to indicate with markers on a map, where they would like the Study Area boundaries to be established. Aldridge stated that thus far, the consensus is for the boundaries to go from 216tn r on the north extending the boundary south to 272nd, without cutting through the middle of any parcels, specifically commercial properties. Piasecki voiced opposition to including multifamily and supported the inclusion of ' commercial properties only in the study area. The majority of the committee members supported allowing only commercial properties as part of the study area. r PEDC-Minutes ' February 11, 2008 Page 4 of 6 7 Albertson stated that she felt it would be prudent to include all properties including residential on Kent's side of Highway 99, as it is always prudent to have a discussion about the possibilities. She stated that unless you put something on the table, it doesn't see the light of day. She stated that she is uncomfortable taking out residential properties from the study area stating that it is critical to new development to discuss the possibilities of what Midway can be. ' Clark voiced opposition to including residential properties in the study area because they are not likely to change. O'Brien said he would support Commercial. O'Brien: I think for the plan that I would support Commercial. C Scott stated that although there may be both commercial and residential on the east side of 99, Des ' Moines is saying that we would rather not include residential on the west side of 99. Mission Statement Aldridge read the proposed Mission Statement created by staff. Transform the Midway into a vibrant and sustainable urban village, where people live, work, and play in a quality development that takes advantage of its geographic location, wide range of transportation options, educational institutions and view potential. ' Carmen Scott: Eliminate the word "vibrant". Scott Thomasson: Drop urban village so as not to trigger some of the Puget ' Sound Regional Council (PSRC) requirements. Carmen Scott stated that village should be deleted, as she does not see this area as an urban village where people live, but as a commercial corridor multiuse zone. Albertson stated that a lot of undesirable activity goes on along Pacific Highway; including prostitution. She stated that you can put all the nice shiny hotels up in the world but if people don't want to walk to the transit center because there are buildings with broken windows, grass growing, unsafe sidewalks and unsafe ' infrastructure, a shiny building is not going to fix that. Albertson stated that we've got to place infrastructure into this core so that there is a ripple effect. This area needs to be looked at in a more global way. She stated there is a dead corner where we can't even keep a QFC alive. She stated that she would like to see a decent transit center going up here that people will use, and the only way they will use it is if it is easily accessible, if they can drive from their single family homes to a park and ride, or if they can walk on a safe, well-light sidewalk. A recommendation was made to change sustainable to "livable" with Albertson stating that she would like it to read "sustainable and livable. . 1 O'Brien recommended amending the statement to read "Transform the Midway into a livable community where people live .." He stated that you don't have to add a lot of superfluous stuff. PEDC-Minutes February 11, 2008 Page 5 of 6 Thomasson suggested that the statement should speak to the outcome we want from it and would like the term 'livable' rather than 'sustainable'. Opposition was voiced against using the term "urban center" as PSRC standards , would apply. Aldridge suggested using the term "urban community" dropping "sustainable" ' asking the members if they could agree with that. A recommendation was made to amend the statement to read "transform the Midway Commercial Corridor into a sustainable urban community where people work, shop and live" dropping the remainder of the statement. Paisecki's suggestion for the mission statements was defined as "to transform the , Midway Commercial Corridor into a sustainable urban community where people work, play and live". Elizabeth Albertson: recommended saying: "Transform the Midway Commercial Corridor Into a sustainable urban community that takes advantage of Its geographic ' location and provides our community with quality development with a wide range of transportation options, educational Institutions and..." O'Brien and another member wanted the term "take advantage of" removed. , Opposition was voiced against using "commercial corridor". O'Brien stated that this is a community know matter how you look at it. Albertson suggested amending the statement to: "transform the Midway Community into a sustainable urban area that takes advantage of the geographic location...". I Aldridge clarified the amended statement to read: "To transform the Midway Community into a sustainable urban area that takes advantage of its geographic location and wide range of transportation options, educational uses and ..... " Clark and Piasecki concurred that commercial development needs to be incorporated into the statement. The Committee agreed with Gould-Wessen's suggestion to set this decision aside for the time being. The Committee agreed to reconvene on Wednesday, February 20th Notice would go out to all parties informing them of the time and location. Fredricks thanked everyone for attending the meeting. , Adjournment The meeting adjourned at 7:30 pm Pamela Mottram Planning Services/PEDC Secretary S:\Permit\Plan\PEDC\2008\Minutes\021108PEDCmin doc PEDC-Minutes February 11, 2008 Page 6 of 6 1 g CITY OF KENT PLANNING & ECONOMIC DEVELOPMENT COMMITTEE CITY OF DES MOINES FINANCE & ECONOMIC DEVELOPMENT COMMITTEE ' MINUTES FEBRUARY 20, 2008 The meeting commenced at 5:30 p.m. ' Approval of Minutes The minutes of January 14th, February 111h and 201h will be submitted for approval before the PEDC at the March 101h meeting. Attendees Those in attendance from the City of Kent included the Planning and Economic ' Development Committee (PEDC) members: Elizabeth Albertson-Chair, Bob O'Brien and Tim Clark. Other Kent staff included; Fred Satterstrom CD Director; Charlene Anderson Planning Manager, Gloria Gould-Wessen Planner/GIS Coordinator, Ion Arai Planner, Alan Gray Land Use and Planning Board Member and Jed Aldridge Employee Services Manager (the Meeting Facilitator) . ' Those in attendance from the City of Des Moines included the Finance and Economic Development Committee (FEDC) members: Scott Thomasson and Carmen Scott. Other Des Moines staff included; Tony Piasecki City Manager, Grant I Fredricks PW Director, Denise Lathrop Planning Manager, and Jason Sullivan Planner. Those in attendance from the community included Brad Corner Kent Property Owner, Bridget Myers Kent Property Owner, and Kathi Jones-Property Owner. Introductions City of Kent Planner, Gloria Gould-Wessen stated that the focus of this meeting is to confirm the study area boundaries, complete the mission statement begun last week, and define the goals of the project as indicated in the report packet from last week. Gould-Wessen stated that the Mission and Goals are the road map for this project to guide the stakeholders and the public as they do the visioning, as well as ensure follow-through on the grant's deliverables. Gould-Wessen reviewed the following grant deliverables with Kent and Des Moines staff as outlined in the February 11th report packet, in order that they understand ' what they have jointly committed to giving the state as drafts: 1) Develop land use developmental regulations that are consistent between ' Kent and Des Moines along the zipper border. ' PEDC/FEDC Minutes Kent Des Moines February 20, 2008 Page 1 of 7 1� 2) Identify a preferred high capacity transit route and station location for Kent , and Des Moines 3) Identify a transit-oriented development overlay zone for Kent and , Des Moines based on a preferred high-capacity transit route and station locations. 4) Develop zoning amendments that possibly include design guidelines and transit oriented development overlay for the Midway area to reflect current land use 5) Develop a subarea plan reflecting the interest of the community; , stakeholders and governing bodies. 6) Revise zoning and development regulations for Pacific Ridge as needed to incorporate a preferred transit-oriented development overlay within the City of Des Moines. Gould-Wessen stated that staff should think of the mission and goals in terms of public process and the agreed to deliverables. She stated that the deliverables is intended to guide you as you move forward in finalizing the mission statement and forming the goals for the project. Gould-Wessen stated that Kent's sub-area plan will serve as the official guide for decision makers, the public, and various city departments to promote improvements with respect to land use, housing, public safety, parks, recreation, infrastructure, landfills, and the environmental aspects specific to Kent's study area. The sub-area plan could incorporate new information from a completed study by ' Seattle Public Utilities specific to the Highlands and the Midway Land Fills. Gould-Wessen explained that the sub-area plan will be the backbone for any ' planned action ordinance the city may want to embark upon to promote development and redevelopment in Midway. Aldridge stated that staff considered the Committees' requests from last week's meeting to draw up proposed study area boundaries incorporating only commercially zoned properties to the west and east of Pacific Highway, a portion of the Highlands facing Military Road, and Highline Community College, and starting from 2161h on the north, south to 272"d. He stated that some islands of property along the corridor, with manufacturing, mobile home parks and multifamily zoning ' have been excluded from the proposed study area. Clark stated that he encouraged excluding the Highlands area due to previous problematic zoning issues in the area, but has been educated by staff that the community would be better served if those islands were included in the study area. Clark stated that he would support the inclusion of the landfill area. ' Gould-Wessen stated that the Highlands area consists of MRT-16, CCMU, GC and MRG, citing a Seattle study that shows the landfill as an elongated, horseshoe , shape buildable area with a shallow area for open space. The landfill is developable with the exception of areas of unstable slope conditions and areas with landfill issues. PEDC/FEDC-Minutes Kent and Des Moines ' February 20, 2008 Page 2 of 7 11 O'Brien raised the point that the composition of the landfill could be converted into an efficient power plant, where the ambient air coming out of that power plant will be better than the air we breath a mile away. He stated that the city needs to recognize this potential. ' Lathrop stated that this grant has given Kent and Des Moines staff opportunities to look at bus rapid transit and address where additional bus stop locations may be 1 located. She stated that Highline Community College is lobbying for a station at their location. ' Albertson praised the virtual reality web based tools that will be made available to allow people within the community to have a part in reshaping their neighborhoods. She stated that the corridor along Pacific Highway is a neighborhood. Albertson stated that she believes that the folks who live and have businesses along the Pacific Highway corridor identify with Midway. However, she stated that the ' proposed study area looks like it is focusing only on commercial redevelopment. She stated that the stakeholders in this neighborhood need to be granted the opportunity to step up and have their say with what they would like the cities to consider for this area. Aldridge stated that it is the committee members place to agree to a study area, 1 land use and developmental regulations that are similar between our two cities, as well as the coordination with transit. Thomasson stated that he volunteered to be part of the stakeholders group; as he does not like the methodology used in the development of the Grant's deliverables. He questioned the validity of inviting the neighborhoods within the study area to ' the table, as the study area boundaries are drawn in such a way, that there are very few residents. ' Lathrop stated that from a planning perspective, she lives on the border of an urban village in West Seattle, and she marveled that the neighborhoods surrounding that urban village were very involved in the development and vision of ' that plan, because it affected their neighborhood, even though her house wasn't in the immediate area. Lathrop stated that the perspective she took when hearing about the grant proposal was that, in general, she perceives the cities as doing large scale planning. She stated that as the neighborhoods are connected, those residents should have a say 1 in defining the type of commercial businesses they would like to see along the commercial corridor, be able to communicate their concerns with respect to crime or other issues, and propose ways to remedy those issues, such as through building 1 or engineered designs. Carmen Scott stated that she does not see this as a residential community, but rather the original interstate highway which died after I-5 went in, and has been PEDC/FEDC-Minutes Kent and Des Moines February 20, 2008 Page 3of7 1� revitalized as a commercial area. She stated that people identify themselves as living in specific subdivision areas and don't' identify with Midway, thereby stating that she doesn't see residents as being stakeholders in this. ' Aldridge advocated on behalf of inviting the residents to the table to voice their opinions about this overall development of what the future may hold. He stated ' that whether they are a transient population or not; they have the right to comment on the proposed study area and their opinions should be valued. Aldridge stated it is the responsibility of the joint committees to provide the , compass for the visioning process for the overall direction of what the project is going to look like. , Gould-Wessen stated that we are inviting people to participate in this process such as: Highline C.C., Des Moines residents and Kent residents. The information gathered from the stakeholders and the public out reach process will be brought before the Kent and Des Moines Committees for further consideration. Gould- Wessen stated that Kent wants a Midway Subarea Plan which will allow us to ' implement a planned action ordinance. She stated that Des Moines has a lot of area that potentially can be redeveloped in some way. Gould-Wessen stated that Kent City Council and the Mayor stressed that the Midway area was important to look at more closely for redevelopment opportunities and staff took the opportunity to apply for a CTED grant. Gould-Wessen stated that ' staff wants to hear what the joint committee wants to see changed and the outcomes desired. Tonight, we are not tied together in terms of deciding on the boundary. The Council Committee members deliberated at length on what properties to include within the Midway study area boundary. ' Thomasson: Include mobile home park properties. Clark: Include the wetlands and Midway Crossing in the study area because of the opportunities for new technology. Albertson: Include residential areas and a broader land mass area that will allow staff to look at connectivity and livability; suggested including the Salt Air Neighborhood. Clark: Do not include the SaltAir Hill Neighborhood because the land use designation won't change, with Albertson's concurrence. Albertson: stated that it is extremely critical to include those neighborhoods located a block off of Pac Hwy, to get their feedback on what they want to have happen in the community. Aldridge stated that the boundary area will remain as previously stated with the amendment to add the Highlands area and all properties within Kent between SR-516 and South 272"d, that were initially removed, with the Committee's concurrence. PEDC/FEDC-Minutes Kent and Des Moines February 20, 2008 Page 4of7 13 1 Aldridge stated that the Proposed MISS%On Statement was edited based on the February 10th meeting and reads: "Transform the Midway community into a sustainable urban area that takes advantage of its geographic location, wide range of transportation options, educational institutions and view potential. " After deliberating, the joint committee agreed on the following Mission Statement: "To transform the Midway Community into a sustainable urban area which enhances commercial development and optimizes its geographic location, wide range of transportation options, educational institutions, and views." The Committees members deliberated over the textual changes they would like ' incorporated for each of the goals. The six proposed goals (as revised and prioritized by Des Moines and Kent City ' Council members) for the Midway Subarea Plan are as follows: 1) Provide a mix of land uses that increase revenues, job opportunities, and housing choices. (seven dots) 2) Reconcile development standards along the border between the Cities of Kent and Des Moines to be consistent and reflect the vision for the study area. (six dots) 3) Provide for public participation in the development of land use policies, development regulations, and implementation strategies within the study area. (six dots) ' 4) Provide appropriate land uses and regulations that support Bus Rapid Transit within the Pacific Highway corridor. (six dots) ' 5) Identify preferred alignments for light rail and the associated station and stop locations within Kent and Des Moines. (three dots) 6) Ensure design that provides a safe and inviting pedestrian environment. (two dots) Thomasson voiced concerns about giving the Midway Subarea Plan project to the stakeholders. Piasecki assured Thomasson that this project is not being given to the stakeholders. Piasecki stated that the next step in this process is that an ' interlocal agreement will be drawn up between the two cities with the Mission Statement and Goals incorporated. ' Albertson stated that it is her understanding that staff from Kent and Des Moines will walk the stakeholders through this process. The stakeholders will look at the boundary area map, look at these goals, and look at different options. She stated that the Committees will be given opportunity to ask questions and give their input. Albertson stated that staff will compile all the information and create a report which will be reviewed by the committees. Albertson stated that the most important part PEDC/FEDC Minutes Kent Des Moines February 20, 2008 Page 5 of 7 r of this process is having available the web-based tools such as the virtual reality ' software that will allow more ways for the public to envision and consider the possibilities. ' Paisecki stated that as the stakeholders study light rail stops, he believes it is the stakeholders' role to voice the Des Moines Council's position; in that they will not support light rail traveling down 99 without providing a stop or long term buy-in that will generate the kind of development we want. Denise Lathrop defined stakeholders as those people with a vested interest, who r are making decisions within the project study area, and who are influenced and affected by decisions made by the Cities of Kent and Des Moines. She stated that , this is our opportunity to find out what everyone is thinking. Aldridge cited the proposed stakeholders created by staff as a starting point and ' invited the joint committee to suggest additions. The original list included: City of Kent (Council Member and Land Use and Planning Board Member), City of Des Moines (Council Member and Planning Agency Member), City of SeaTac, City of Federal Way, Highline Community College, Washington State Department of Transportation (WSDOT), Puget Sound Regional Council (PSRC), King County METRO, Sound Transit, Seattle Public Utilities, Chamber of Commerce, , Neighborhood Councils with additions to the original list of: King County (staff to select), CTED, Major Property Owners (i.e., Key Bank @ KDR, Matt Chan, Midway Crossing Management Group) and with additions by the Mayor of Kent of the , Trucking Industry and Major Businesses Owners. Gould-Wessen responded to concerns about who will process the stakeholders' recommendations concerning these goals and who will draft regulatory documents. Gould-Wessen stated that there will be five Stakeholder meetings facilitated by professionals. She stated that the Mission and Goals defined tonight will drive the communication at the meetings, but like this meeting, there will be people who question this or that and staff anticipates the public meetings to be dynamic. , Gould-Wessen stated that when staff develops the visioning process to determine the land uses and design we should have, this will involve those people who actually own land and have businesses, as well as the neighbors. Gould-Wessen stated that the City of Kent decision process comes first from the Land Use and Planning Board who holds public hearings and brings recommendations to the Council. The Council Committee then considers the recommendations and gives a recommendation to the full Council. ' Gould-Wessen stated that the Stakeholders have a vested interest that we want to bring to the table for their input. It is not necessarily a recommendation that we want from them, but a range of options. 1 PEDC/FEDC-Minutes Kent and Des Moines February 20, 2008 Page 6 of 7 1 15 In response to the Joint Committee, Gould-Wessen stated that a Developers forum would be held to review the ideas that come from the visioning process. Fredrickson thanked Kent Staff for all the work that has lead up to this point. He stated that an interlocal agreement will be drawn up, five stakeholder meetings will 1 be held through October 2008, there will be public outreach, community workshops and web-based virtual reality. He stated that the Cities will be actively working together on this project. Adjournment The meeting adjourned at 8:10 p.m. Pamela Mottram Planning Services/PEDC Secretary PEDC/FEDC-Minutes Kent and Des Moines February 20, 2008 Page 7 of 7 • KEN J CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES February 12, 2008 COMMITTEE MEMBERS: Bob O'Brien Les Thomas and Ron Harmon Chair ' • The meeting was called to order by Chair Ron Harmon at 5:04 PM. • Chair called for additions or changes to the agenda; there were none. • Les Thomas's arrival was delayed, so non-action items were discussed prior to his arrival. • Minutes are written in order of the original Agenda. 1. Approval of Minutes Les Thomas moved to approve the minutes of the January 8, 2008 meeting. The motion was seconded by Bob O'Brien and passed 3-0. 2. Fire Department 2008 Work Plan - INFO ONLY ' Fire Chief Jim Schneider reviewed the Work Plan and answered questions. Committee members received copies of the 2008 Work Plan. 1 3. Crisis Intervention Coordinator Contract for Services - AUTHORIZE Chiefs Schneider and Strachan reviewed the purpose of the contract and the impact of the various services provided throughout the community by Pat Ellis, Jr. Committee recommended the City review the contract amount during the next budget process and asked both chiefs to submit information for the review process. Bob O'Brien moved to recommend Council authorize the Mayor to sign, on behalf of the City, the contract for services with Pat Ellis, Jr., Crisis Intervention Coordinator. 1 The motion was seconded by Les Thomas and passed 3-0. 4. Washington Association of Sheriffs and Police Chiefs, $3,000 grant - ACCEPT Police Chief Steve Strachan reviewed the proposed use of funds. Les Thomas moved to recommend Council accept the grant in the amount of $3,000 from Washington Association of Sheriffs and Police Chiefs. The motion was seconded by Bob O'Brien and passed 3-0. S. U.S. Department of Health and Human Services $125,00 grant application - APPROVE Chief Strachan introduced Debra LeRoy, Research and Development Analyst and Stacy Judd, Public Education Specialist to explain the purpose of the grant application. Les Thomas moved to approve the Kent Police Department's request to apply for the U.S. Department of Health and Human Services grant up to $125,000. The motion was seconded by Bob O'Brien and passed 3-0. 6. MetLife Foundation Community-Police Partnership Award application - APPROVE Chief Strachan and Debra LeRoy were joined by Mike Heinisch, Executive Director of Kent Youth and Family Services (KYFS). They reviewed the purpose of the application and explained the partnership requirement. 7. City Ordinance 3813 — Truck Parking — INFO ONLY Chief Strachan gave an update on the enforcement of prohibiting commercial vehicles from parking on residential streets and the impact of increased fines. Chair Harmon asked for another update at mid-year. 8. Police Marine Unit Boat Purchase — INFO ONLY Chief Strachan explained that a change in the type of boat, a rigid hull inflatable, was ordered as the replacement of the boat previously used on Lake Meridian. The new boat will be purchased with State funds already collected for boater safety and it should arrive in June. A plan is forming for some lake homeowners to be trained to handle the boat when police are not able to patrol the lake. The meeting adjourned at 5:56 PM. Jo Thompson , Public Safety Committee Secretary i 1 Public Safety Committee Minutes 2 February 12, 2008 CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION 1 ACTION AFTER EXECUTIVE SESSION 1 1