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City Council Meeting - Council - Agenda - 05/20/2008
i r ,4 9ii 4 A Ma Fi � 0 ( I,a;„�,i'�`� " a %' i ��'i'"'�IIj4 af Kent , ''� � �'i�'il'�IP F�����e y��®t'�� r.� A I'i � � � p r•''k'I Pk �ti �i�i �� ity u n,,,c o 1qq a g a `" �!i '� , i' r ,i i,E, 7�,' a� k", ' Al Pzi � Mq N�' }�,a!�; .0 JI li d ( Aria 20, 2008 �u,' r, I� _ y Mayor Suzette Cooke Debbie R,a lee1 Council Pre nt Councilmembers Elizabeth Albertson Bob O r n Tim Clark Deborah R,anni er ,on Harmon Les Thomas KEN T „ W A S H I N G T O N i 1 City Clerk's Office KENT CITY COUNCIL AGENDAS tKENT May 20, 2008 W A 5 H I NGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President Elizabeth Albertson Tim Clark Ron Harmon ' Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. ' Item Description Speaker Time 1. Non-Rep Salary Study Becky Fowler 30 minutes 2. Filling Vacant Council Position Tom Brubaker 15 minutes 3. Aquatic Center Jeff Watling 15 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. r4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Suburban Cities Association Ul date D. Public Safety Report't E. Introduction of Appointees 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. King County Office of Emergency Management, Homeland Security Subgrant Agreement, Disaster Mental Health - Authorize D. King County Office of Emergency Management, Homeland Security Subgrant Agreement, Zone 3 Unified Command - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED E. King County Office of Emergency Management, Homeland Security Subgrant Agreement, Unified Command Operational Full Scale ' Exercise - Authorize F. Transportation Master Plan, Phase 2 Consultant Services Agreement with Mirai Associates, Inc. - Authorize G. Landfill Gas Probe Restoration Consultant Services Agreement with Parametrix, Inc. - Authorize H. Traffic Signal Easement for West James Street Improvement - Accept I. Emergency Resolution to Kent Comprehensive Plan, Drainage Master Plan and Comprehensive Water System Plan - Adopt J. McSorley Creek Wetland Property Acquisition Application Resolution - Adopt K. Bill of Sale, Canterbury West Short Plat - Accept L. Bill of Sale, Freestone Plaza - Accept M. Bill of Sale, Highland Estates South - Accept N. Bill of Sale, River's Edge - Accept O. East Hill Data Center Design Consulting Service Agreement - Authorize P. Microsoft Enterprise License Agreement - Authorize Q. Federal Legislative Consultant Contract - Authorize R. Kent Events Center Traffic and Parking Management Plan - Authorize S. Puget Sound Energy Easements for Kent Events Center - Authorize T. Appointments to Drinking Driver Task Force - Confirm 7. OTHER BUSINESS A. Proposed Annexation Resolution 8. BIDS A. Police Building Re-Roofing 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. irim N 7 >• V N43 2 ^ C d b0> Ei UV.� s ,oacyL 3y v a>L> c yycc7 ropy E v L O ro 7 C O >.O O C bD y O 1 S 7 ° E rJ C L E C U y y m 7 O •-� v� rd _• C = C O U E y .L ;•? 41 td 2 y 7 V d ro fl_to ojy 7 y' b �J L `_" .� .Q C T y >_ >'>• O v O 1 U • —_ C 7 tC cti b4 v- b C "6 F b9 co U �- O_U > —_ om ° 3 � y Qro C V T-gyp 01 y— U C C C"D O v y E C T U 2`� O b-0 4J i C i 7• ._Y v� a �� �� y E � o E b E U 2-0 o o x Q a Q m b�c° °a s V a o 6 c E a LL _ O to cEy� z b= v� wN > � � � � aro� oL = o o c a v o °V—•S N C 7 4J U yV_ O CD p L prj -°7 E a� y� E E u�y E E v E U E c v y 7 ~ O i N j N t E E O v pyj - ,n v; N •• ro `C-y 2 C ❑. ro u u v o'Y . s v S o ° V uo Y U V L V ? y o o v` o Y y U >c o U E •c� c o 0 ti 0 N C" v U y � ytE A E v "D iLO ELUo— LIJ ° °vyUN E -� -or- a C N n7 E iIl CC0 LLA cJ 2 v 3 C 0 ° y y 3 S C rz E U O 6 rp 61 C V N F- c CC C O C] T C~ T L< O O S O L C U b C F- y M U v �a N y 3 ° c� o�- o ° T • c yL 1� EF E > o E ac 2 a L c cc c c c uvy � acQ ��op � z U ° Y ELYvv ° E � v c� � v� o � c LIJccv cycca EVE E � � no� 'c-0U � v0 uy � L N L m L p E L Qi O 0 0 O p U °U 0 0 �n y 0 O �-y y y ro y A N E v L _O C v 0 3 Q V o s L U U V U L N E L y U V O o a w a w a m a l o z' o W z N M Jr i v E E C c • c u c N U o o �L2 -c au ��T �+ Ln U y � O V Q U ~ _ _Ln LELQ U M M T 1_ = O ET ` 7 N •T' O V (O LIJ G t ll C C Lij �N YY mco V U u� f w v c 41 p y E - '^ ° +- i N U 41 bn 2 O _C y � L y CC p C O' _ LLJT-5 U N � E v • L L y y C pq y L -c: y p QJ C 1`y �_ U >,V >> L.. C C>', O ti ro ro 1 c O j p v' rC E C 2V i ro C C • — o o� c v ° ° v E °Lv ° a rop � cc lalT- c o ° o i E > T° 7@ y O C C E v b " y C J (G~ 0 • O U y 7 L T ° y p -p U bq— LLIU N ° ti 0 - i ° Q L O U y O i N OO y S� C rob rC S> -pQSY O' S b 7 c L S> - N_ C y Q U v Q y y �O N O p > N y O p O v £U >- � a U v G. U 7 y (ad 7 O U _v C y y 0 O_ U iv C U Ln v LaiV) 2 O C m a s Cd n u Q U > 2 E E C L Q ro 0 Q ro U r rCHANGES TO THE AGENDA rCitizens 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 1 J B) FROM THE PUBLIC r r 1 r r r r r r r PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION tB) COMMUNITY EVENTS jC) ASSO�IA�IPB � - 1 REPORT ,:�/ E) INTRODUCTION OF APPOINTEES Kent City Council Meeting Date May 20, 2008 r� Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve C nsent Calendar Items A through T. Discussion ' Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of May 6, 2008. 6B. Approval of Bills. Approval of payment of the bills received through April 15 and paid on April 15 after auditing by the Operations Committee on May 6, 2008. Approval of checks issued for vouchers: Date Check Numbers Amount 4/15/08 Wire transfers 3228-3246 $1,919,743.73 4/15/08 Regular 619049-619676 2,882,514.66 Void (23,855.63) Use Tax Payable 3,054.92 $4,781,457.68 Approval of payment of the bills received through April 30 and paid on April 30 after auditing by the Operations Committee on May 6, 2008. EApproval of checks issued for vouchers: Date Check Numbers Amount 1 4/30/08 Wire transfers 3247-3265 $ 6,593,832.56 4/30/08 Regular 619677-620122 3,649,550.70 Void (13,858.63) Use Tax Payable 990.09 $10,230,514.72 (continued) 613. Approval of Bills. (Continued) Approval of checks issued for payroll for April 1 through April 15 and paid on April 18, 2008: Date Check Numbers Amount 4/18/08 Checks 304191-304504 $ 215,155.60 4/18/08 Advices 229074-229814 1,430,581.38 Total Regular Payroll $1,645,736.98 Approval of checks issued for interim payroll: Date Check Numbers Amount 4/24/08 Voids ($189.24) 4/24/08 Interim Checks 304505 140.86 4/28/08 Interim Checks 304506 48.38 Total Interim Payroll $ 0.00 Approval of checks issued for payroll for April 16 through April 30 and paid on May 5, 2008: Date Check Numbers Amount 5/5/08 Checks 304507-304828 $ 215,155.60 5/5/08 Advices 229815-230558 1,430,581.38 Total Regular Payroll $1,645,736.98 Kent City Council Meeting KENO WASHINGTON May 6, 2008 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Clark, Harmon, Ranniger, Raplee and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) CAO Hodgson noted that the West Harrison Street No Parking Zone matter came out of the Public Works Committee yesterday and that the committee requested it be added to tonight's agenda because it has economic development potential and helps solve a parking problem downtown. It was added as Other Business Item C. B. From the Public. (CFN-198) There were no comments from the audience. PUBLIC COMMUNICATIONS A. Tribute to Bob O'Brien. (CFN-198) Each Councilmember, Mayor Cooke, and CAO Hodgson spoke about working with Councilmember Bob O'Brien, who recently passed away, and a video tribute was shown. B. Public Recognition. (CFN-198) Ranniger announced that the King County Landmarks Commission voted unanimously to name Earthworks Park a historic landmark, and pointed out that this is the 25th anniversary of the park. C. Community Events. (CFN-198) Ranniger noted that the 451h Annual Junior Olympic Track Meet will be held at French Field on May 10. D. Drinking Driver Task Force Design Contest Awards. (CFN-122) Cesi Velez, Public Education Specialist in the Police Department, noted that this is the 24th year of the contest, and introduced the winners of the contest in the following categories: middle school, 4th - 6th grade, I" - 3rd grade, and preschool - kindergarten. E. Police Department Memorial Event. (CFN-122) Police Chief Strachan noted that a memorial stone has been placed near the Police Station in honor of officers who have lost their lives while members of the Kent Police Department. He noted that the first officer was Marshall Harry Miller, who was shot and killed in a pistol duel 100 years ago, and that Officers Terry Orr and Greg Duffin have died of cancer since 2003. F. Neighborhood Councils Recognition. (CFN-1304) Toni Azzola explained the Neighborhood Council program and introduced representatives from the Canterbury and Highland Crossing neighborhoods. Mayor Cooke presented them with Neighborhood Council certificates. G. Employee of the Month. (CFN-147) Parks and Community Services Director Watling announced that Steve Pinto of the Facilities Division has been selected as Employee of the Month for May. Pinto's supervisor Charlie Lindsey described Pinto's attributes and Mayor Cooke gave him the Employee of the Month plaque. 1 Kent City Council Minutes May 6, 2008 H. Proclamation — Letter Carrier's Food Drive. (CFN-155) Mayor Cooke declared May 10, 2008, Letter Carrier's Food Drive Day and presented the proclamation to Karen Kirkmire-Wilson, who explained the program. I. Proclamation — Elks National Youth Week. (CFN-155) Mayor Cooke declared May 1-8, 2008, as Elks National Youth Week and presented the proclamation to Margaret Buss of the Auburn Elks. J. Proclamation — National Historic Preservation Month. (CFN-155) Mayor Cooke declared May, 2008, as National Historic Preservation Month and presented the proclamation to Karen Bouton, who described the work that has been done at the Saar Cemetery. K. Economic Development Update, (CFN-825) Economic Development Director Ben Wolters gave a monthly update of business developments in the City, including Gourmet Steve's, LA Fitness, and 24 Hour Fitness, along with businesses leaving Kent and those remodeling. L. Kent Events Center Update. (CFN-1305) Economic Development Director Wolters noted that the Topping Out ceremony for the Events Center has been held, that a General Manager for the facility has been hired, and that the Thunderbirds sales office will open in May. ADDED ITEM M. Boy Scouts. (CFN-198) Mayor Cooke introduced Boy Scouts Leif Christenson and Stein Christenson, who are working on badges. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through V. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of April 15, 2008, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through March 31 and paid on March 31 after auditing by the Operations Committee on April 15, 2008, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 3/31/08 Wire Transfers 3211-3227 $5,016,683.34 3/31/08 Regular 618662-619048 3,414,218.02 Void Checks ($2,480.00) Use Tax Payable $ 953.40 $8,429,374.76 2 Kent City Council Minutes May 6, 2008 Approval of checks issued for payroll for March 16 through March 31 and paid on April 4, 2008: Date Check Numbers Amount 4/4/08 Checks 303862-304190 $ 236,889.48 4/4/08 Advices 228345-229073 $1,439,143.50 Regular Payroll $1,676,032.98 C. Meridian Banks Preliminary Plat Appeal Ordinance. (CFN-1316) Ordinance No. 3879 which denies the Meridian Banks Preliminary Plat Appeal and adopts the Hearing Examiner's October 15, 2007, Findings, Conclusions, and Decision, subject to one modification that allows possible access to the lake and any pre-existing docks by residents and their guests, was adopted. D. Group Health Cooperative of Puget Sound Management Contract Renewal. (CFN-149) The Mayor was authorized to sign the 2008 Group Health Cooperative contract for the City's insured health maintenance organization plan. The 2008 contract reflects an approximate 13.2% increase in the health care premiums charged by Group Health Cooperative and is budgeted in the health and welfare fund. E. Regional Fire Protection Service Authority Planning Committee. (CFN-122) The Fire Department was authorized to proceed with the formation of a planning committee to develop a recommended structure for a Regional Fire Protection Service Authority. The planning committee will consist of six elected officials, three of which would be from the City of Kent. F. Fire Sprinkler System Installation and Fire Alarm System Upgrade Agreement. (CFN-120) The Mayor was authorized to sign the agreement with Smith Fire Systems in the amount of $85,174.78 for the installation of a fire sprinkler system and fire alarm system upgrade at Fire Station 76 and its maintenance facility. G. Pest Abatement Services Agreement. (CFN-120) The Mayor was authorized to sign the agreement with AAA Pest Control in the amount of $42,916.59 for pest inspection and abatement services at various City buildings for a period of three (3) years. H. Security Card Reader System Upgrade and Installation Agreement. (CFN-120) The Mayor was authorized to sign the agreement with Protection Technologies, Inc. in the amount of $51,825.14 to provide all equipment, software, hardware and labor necessary for the upgrade of the city-wide Security Card Reader System and for the installation of a card reader system at Fire Station 74 and its training facility. I. Conflict Counsel Agreement. (CFN-234) The Mayor was authorized to sign the agreement with Jordan Law Offices P.S. for $37,200 per year for Conflict Counsel Defense Services. J. KaBOOM Grant Agreement. (CFN-118) The Mayor was authorized to sign all necessary documents with KaBOOM! for the acquisition and installation of a grant 3 Kent City Council Minutes May 6, 2008 funded community playground at Lake Meridian Park, and all donated equipment subject to the selection of a qualified funding partner was accepted, upon final contract terms and conditions acceptable to the City Attorney. K. 1st Quarter Fee-In-Lieu Funds. (CFN-118) The $14,100 fee-in-lieu funds was accepted and the expenditure of these funds in the Arbor Heights 360 Park budget was approved. L. King Conservation Reimbursable Grant for ReLeaf 2007. (CFN-1246) The Mayor was authorized to sign the King Conservation District grant of $10,748.75 to fund ReLeaf 2007, and the expenditure of funds in the Clark Lake Management Plan budget was approved. M. Rotary Club Donation for Senior Activity Center Fitness Room. (CFN-118) The $11,340.85 donation for new fitness equipment from the Rotary Club of Kent Sunrise was accepted and the expenditure of funds in the Senior Center Budget was approved. N. Resolution for Application to Recreation and Conservation Office for West Hill Park Development. (CFN-118) Resolution No. 1784 authorizing application to the Recreation and Conservation Office to request funding for the development of West Hill Park was adopted. O. Resolution for Application to Recreation and Conservation Office for Panther Lake Development. (CFN-118) Resolution No. 1785 authorizing the appli- cation to the Recreation and Conservation Office to request funding for the acquisition of land for Panther Lake Park was adopted. P. Midway Subarea Planning, Interlocal Agreement. (CFN-1315) The Mayor was authorized to sign the interlocal agreement with the City of Des Moines regarding the Midway planning project. Q. Historic Preservation Nomination of Bereiter House. (CFN-822) Resolution No. 1786 approving the nomination of the Bereiter House and outbuildings for further evaluation by the landmark designation and preservation commission was adopted. The Bereiter House and its outbuildings are significant for their association with a number of Kent's prominent early families and as an exceptionally well preserved group of early residential building types. R. Code Enforcement Process Improvements Ordinance. (CFN-224) Ordinance No. 3380, which repeals the existing Chapter 1.04 of the Kent City Code, adopts a new Chapter 1.04 in its place, and makes other related housekeeping changes to Chapters 13.02 and 14.08 of the Kent City Code, was adopted. S. Recognition of Canterbury & Highland Crossing Neighborhood Council. (CFN-1304) Resolution No. 1787 recognizing the Canterbury Neighborhood Council, and Resolution No. 1788 recognizing the Highland Crossing Neighborhood Council, supporting their community building efforts, and conferring on them all opportunities offered by the City's Neighborhood Program. 4 Kent CityCouncil Minutes May 6 2008 Y , T. Bills of Sale, Canary Hill. (CFN-484) The Bill of Sale for Canary Hill for 1,987 linear feet of streets, 2,188 linear feet of storm sewer, 7 storm manholes, and 23 catch basins was accepted. The project is located at SE 256th & 137th Way SE. U. Bills of Sale, Woodford Place. (CFN-484) The Bill of Sale for Woodford Place for 497 linear feet of streets, 852 linear feet of storm sewer, 3 manholes, 9 catch basins and 46,446 cubic feet of detention pond storage was accepted. This project is located at 13426 SE 240th Street. V. S. 228th Street Grade Separation Public Works Trust Fund Loan. (CFN-1269) The Mayor was authorized to sign the Public Works Trust Fund Loan Agreement for construction of the South 228th Street Grade Separation project in an amount not to exceed $10,000,000. OTHER BUSINESS A. Green River Levee Repair Easement Agreement. (CFN-1038) The US Army Corps of Engineers has notified King County and the City of Kent of its intent to com- plete repairs to the Green River Levee along the Riverbend Golf Course at the Corps' expense. The purpose of the easement agreement is to grant to the King County Flood Control Zone District perpetual and temporary easements allowing it to effect repairs, restoration, inspection, and maintenance of the Meyers Golf and Narita Levees. The improvements will impact the current layout of the 18-hole golf course. However, under the terms of the easement agreement, the City will be compensated for all design work, construction costs, and revenues lost during construction when the golf course will temporarily operate with nine holes. Hodgson noted that this matter has been discussed in Executive Session in regard to land negotiation, and that discussion tonight will include the results of the negotiations with the Corps of Engineers and King County. Environmental Engineering Manager Mike Mactutis explained the project and Parks Director Jeff Watling explained the im- pacts to the golf course and time lines. The City Attorney stated that, due to the fast track nature of this project, there may be minor changes to the agreement, exhibits and legal descriptions. In response to Harmon's question, Hodgson noted that the Flood Control District has given authority to the Director of Parks and Natural Resources to sign any and all agreements with the Corps of Engineers and other agencies such as the City. Mayor Cooke added that there is no need for the newly formed King County Flood Control Zone Advisory Committee to be involved. Ranniger moved to authorize the Mayor to sign the Grant of Easements and Levee Easement Agreement with the King County Flood Control Zone District and all other necessary documents for the Meyers Golf and Narita Levees in substantially the form as presented to the City Council, subject to final terms and conditions as may be acceptable to the City Attorney. Harmon seconded and the motion carried. B. Design Contract for Riverbend Golf Course. (CFN-118) The US Army Corp of Engineers has notified King County and the City of Kent of its intent to complete repairs, at the Corps' expense, to the Meyers Golf and Narita Levees along the Riverbend Golf Course. These repairs will impact the current layout of the 18-hole golf 5 Kent City Council Minutes May 6, 2008 course and necessitate the City hiring a landscape architect to provide all of the design for reconfiguration of six holes, bid documents, and support during construction. The Corps' anticipated timing of the levee repairs does not allow sufficient time for use of the standard procurement process for an architect. This emergency requires the immediate execution of the work required from the architect. The architect's work is estimated at $120,000. The City will be compensated for all design work, construction costs, and revenues lost during construction under an agreement with the King County Flood Control Zone District. Parks Director Watling emphasized that timing is an issue and urged the Council to authorize the immediate hiring of an architect. Ranniger moved to authorize the Mayor to move ahead immediately to hire a landscape architect to design the Riverbend Golf Course reconfiguration that is needed as a result of the repair project for the Meyers Golf and Narita levees, and to authorize the Mayor to execute a contract with a landscape architect selected by the Parks Department, upon concurrence of the contract terms by the City Attorney and Parks Director, and upon execution of the Levee Easement Agreement with the King County Flood Control Zone District that includes reimbursement of actual costs. Harmon seconded. The City Attorney clarified that Council needs to make a finding that an emergency exists and recommended such an amendment to the motion. Ranniger so moved, Raplee seconded and the motion to amend carried. The main motion, as amended to reflect that an emergency exists, then carried. At this point, the meeting recessed for eight minutes for technical reasons. The meeting reconvened at 9:03 p.m. ADDED ITEM C. West Harrison Street No Parking Zone. (CFN-171) The Kent Downtown Partnership has asked the City to revise parking on West Harrison Street between 2nd Avenue North and 4tn Avenue North in order to restore some of the parking stalls until construction on the parking structure is completed. Deputy Public Works Director LaPorte explained that staff has looked at several options and said that changes must be made to existing ordinances in order to revise the parking. City Attorney Brubaker noted that the proposed ordinance is an emergency ordinance which will become effective in approximately a week. Ranniger moved to adopt Ordinance No. 3881 which amends Section 9.38.020 of the Kent City Code to remove the parking prohibition on West Harrison Street. Clark seconded and the motion carried. BIDS A. Earthworks Park Dam Improvements. (CFN-119) Mike Mactutis noted that the bid opening was held on April 22, 2008, with eight bids received. He explained the project and noted that the low bid was submitted by Pivetta Brothers Construction in the amount of $785,459.45, and recommended award to them. Ranniger moved to award the contract for Earthworks Park Dam Improvements to Pivetta Brothers Construction in the amount of $785,459.45, and to authorize the Mayor to sign the contract and all other necessary documents. Harmon seconded and the motion carried. 6 Kent CityCouncil Minutes May 6 2008 Y , B. S. 228th Street Grade Separation at Burlington Northern Santa Fe (BNSF) Railroad Proiect. (CFN-1269) Tim LaPorte noted that the bid opening was held on April 28, 2008, with four bids received. He explained the project and noted that the tracks will stay at the same grade and the bridge will go over the top. The low bid was submitted by Rodarte Construction and LaPorte recommended awarding the contract to the low bidder. Ranniger moved to award the contract for the S. 228t" Street Grade Separation at the Burlington Northern Santa Fe Railway project to Rodarte Construction in the amount of $9,238,945.29, and to authorize the Mayor to sign the contract and all other necessary documents. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) Raplee announced that, until further notice, Councilmember Harmon will replace Councilmember O'Brien at the Planning & Economic Development Committee meetings and she will replace him at the Public Safety Committee meetings. B. Mayor. (CFN-198) Mayor Cooke thanked the Comcast volunteers who worked at Lake Meridian, said the Cinco de Mayo event was outstanding, and said a report on her trip to Tomba, Japan, will be made at a later date. C. Operations Committee. (CFN-198) Clark gave a report based on the Puget Sound Regional Council's General Assembly. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that she will give a report in June on the presentation she is giving on Making Cities Livable. E. Planning and Economic Development Committee. (CFN-198) Albertson said she will report later on her attendance at the Urban Land Institute Conference. She added that the meeting scheduled for May 12 has been cancelled, and that Envision Midway is moving forward. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be at 5:00 p.m. on Tuesday, May 13. G. Public Works Committee. (CFN-198) Ranniger thanked the Public Works and Parks Departments for their cooperation on restoration of Earthworks Park. H. Administration. (CFN-198) CAO Hodgson noted that there may or may not be a special workshop on May 13 regarding swimming pools. He said there are two items for the Executive Session, one on labor negotiations and the other on property negotia- tions. He said action is expected when the meeting reconvenes, and that the Executive Session will take approximately 20 minutes. EXECUTIVE SESSION The meeting recessed to Executive Session at 9:35 p.m. and reconvened at 9:53 p.m. (CFN-198) 7 Kent City Council Minutes May 6, 2008 ACTION AFTER EXECUTIVE SESSION A. Labor Negotiations. (CFN-122) Clark moved that Council authorize the Mayor to sign a three-year collective bargaining agreement with the International Association of Fire Fighters Local 1747, Fire Fighters Unit, effective January 1, 2008, to December 31, 2010, subject to approval as to form by the City Attorney's Office, and to adjust the budget accordingly. Raplee seconded and the motion carried. ADJOURNMENT The meeting adjourned at 9:55 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 8 Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 6C 1. SUBJECT: KING COUNTY OFFICE OF EMERGENCY MANAGEMENT, HOMELAND SECURITY SUB-GRANT AGREEMENT, DISASTER MENTAL HEALTH - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with the King County Office of Emergency Management Division Homeland Security Sub-grant in an amount not to exceed $14,030. ' The monies are to be used for reimbursement, as identified in the Grant Application Proposal, to enhance medical response capability through training and education to prevent, deter, respond to, and recover from incidents of terrorism ' for emergency responders. The agreement has been reviewed and approved by the City Attorney's Office. 3. EXHIBITS: Grant Application Proposal Sub-grant Agreement f4. RECOMMENDED BY: Staff and Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? up to $14,030 Revenue? up to $14,030 Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: FFY07-SHSP-TE-001 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT SUB GRANT AGREEMENT NUMBER: FFY07-SHSP-TE-001 PROJECT TITLE: Disaster Mental Health -A Critical Response 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 May 1, 2008 to September 1, 2008. 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 for the City of Kent, 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 36 FFY07-SHSP-TE-001 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 NE 2nd Street Renton, WA 98056 PH: 206.296.3830 / FAX: 206.205.4056 alec.c �na kircaun .goy If to the Subgrantee: Dominic V. Marzano City of Kent 24611 116t" Ave Southeast Kent, WA 98030 PH: 253.856.4316 / FAX: 253.856.4119 dmarzano-@d.kent.wa.us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement Agreement and will not to exceed $ 14,030.00 (Fourteen thousand thirty dollars and zero 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. htt ://www.metrokc.govtprepare/homelandsecuritylhomelandsecurity_ sub ran .as x 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 36 FFY07-SHSP-TE-001 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. 1 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 36 FFY07-SHSP-TE-001 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 36 FFY07-SHSP-TE-001 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 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 36 FFY07-SHSP-TE-001 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 36 FFY07-SHSP-TE-001 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 36 FFY07-SHSP-TE-001 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 9 9 , 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 36 FFY07-SHSP-TE-001 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 g pY p 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. 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 36 FFY07-SHSP-TE-001 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 36 FFY07-SHSP-TE-001 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 CONTRACT/WAIVER OF DEFAULT Page 11 of 36 FFY07-SHSP-TE-001 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. M 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 parry on the date set forth below: CITY OF KENT KING COUNTY BY Suzette Cooke, Mayor Robin Friedman, Director Date Datei Page 12 of 36 FFY07-SHSP-TE-001 Exhibit A: SCOPE OF WORK A-1 GENERAL INFORMATION: Project Title: Disaster Mental Health -A Critical Response Sub Grantee's Name: City of Kent Contact Person: Dominic V Marzano Job Title: AC/Emergency Manager Complete Address: 24611 116th 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 ❑ lnteroperable Communications ® Medical Response Capability Enhancements A-3 GOAL & OBJECTIVE SHSP & LETPP Projects: Identify ONE Goal and ONE Objective in the GKq!,hin(trjn Statewide Homeland Security Strategic; Plan that best represents the project. _ —� — _ GOAL#: 7.1 GOAL DESCRIPTION Increase Medical Surge Capability OBJECTIVE #: 7 1 1 OBJECTIVE DESCRIPTION: Train and educate healthcare professionals to recognize and treat victims of all hazard events Identify ONE Goal and ONE Objective in the Ra�c on 6 (Homeland Security Strategic Flan that best represents the project. REGIONAL PRIORITY#: 7 REGIONAL PRIORITY DESCRIPTION Enhance the coordination, capabilities, and surge capacity of the Region's public health & healthcare systems GOAL#: A Page 13 of 36 FFY07-SHSP-TE-001 GOAL DESCRIPTION. Build a regional Healthcare Coalition, a network of healthcare organizations and providers that are committed to strengthening the healthcare system for emergencies. OBJECTIVE#: 1 OBJECTIVE DESCRIPTION- Establish and sustain a regional Healthcare Coalition, that includes hospitals, ambulatory care providers, safetynet healthcare organizations, professional associations, home health and long term care providers, and partners with key stakeholders such as EMS, the American Red Cross, Puget Sound Blood Bank and the Washington Poison Center A-4 PROJECT DESCRIPTION: Describe your project using a maximum of two pages by answering ALL of the following questions separately: 1. Provide a description of your project (who /what /where /when / why / how): Research and practical experience has proven that an effective disaster mental health crisis response system is one that offers multi-faceted interventions within a continuum of care. The system should include a full spectrum of activities and treatments such as pre-disaster preparation, administering of psychological first aid, group and/or individual psychotherapy, psychiatric medication and inpatient psychiatric services. These interventions and treatments are designed to protect citizens from further harm caused by a natural or man-made disaster and to prepare the healthcare system to effectively respond under pressure. The 3-day Train-the-Trainer course provides mental health, spiritual care, and substance abuse professionals with an overview of how disasters strike, the psychological, I psychosocial and psychospiritual impact they have on individuals and communities, culturally competent mental health intervention and the role of mental health and spiritual care personnel in community and healthcare settings in disaster planning, response and recovery. In addition, the course covers the basics of ICS and government response. Participation in this training will be by invitation only and there are 25 seats available for mental health and spiritual care professionals who agree to deliver the training at least once every 6 months in King County. Trainees from this course will be utilized by the Healthcare Coalition as Disaster Mental Health trainers in the community. We will hold training sessions in Zones 1, 3 & 5 for groups such as first responders, mental health professionals and nurses, thus increase the number of police and fire personnel, behavioral health and healthcare professionals who are trained in this specialized subject. Mr. Jack Herrmann is the author of this evidence-informed and nationally recognized disaster mental health training curriculum and therefore the best choice to teach the course. His curriculum is currently a required training course in New York State, authorized by the State Department of Health and State Office of Mental Health. Tools or components of the course are also being used by other states or organizations including the States of Texas and New Jersey, the American Red Cross, and the National Disaster Medical System. In addition, he is currently working with the State of Maine Department of Health to train behavioral health responders across the state. He Page 14 of 36 FFY07-SHSP-TE-001 will be accompanied by one of his colleagues, Valerie Cole, Ph.D. in a co-trainer role. Dr. Cole was a subject matter expert and assisted in developing the original course. Mr. Herrmann addresses the reason for the development of this course in his program overview, which reads: "The social, political, and humanitarian pressure to address the psychological and spiritual crises that follow disasters is growing. The importance and value that integrated teams of mental health and spiritual care providers bring to disaster victims, their loved ones, and relief workers are being recognized by those tasked with federal, state, and local disaster planning, preparedness, response, and recovery." 2. What is the purpose of the project? In addition to increasing awareness about the impact disasters have psychologically on people of all ages, the course will better prepare first responders, healthcare professionals and spiritual care workers to respond to the community's mental health needs in a post-disaster environment, preventing further harm to our citizens and reducing the likelihood of a surge in need for long-term mental health treatment. 3. What problem does the project solve? Research shows that for every 1 person who experiences physical trauma in an emergency or disaster, 50-100 people experience psychological trauma. King County does not have an adequate number of mental health professionals and spiritual care workers who are trained to deliver disaster mental health and psychological first aid, therefore the healthcare community is not ready to respond effectively to post-disaster mental health needs. The disaster mental health training project is being proposed to begin to address these concerns. Public Health-Seattle & King County is currently developing a component of its volunteer medical reserve corps for mental health and spiritual care response. Among the proposed required credentials to be a member of this team is to complete the Disaster Mental Health - A Critical Response course. However, without a team of trainers offering it, we will not be able to offer this essential course and have it as a fundamental requirement for service. 4. How does the project enhance local / regional homeland security and preparedness for CBRNE / Terrorist/ WMD incidents? Professionally trained mental health intervention is a critical function within a comprehensive regional disaster response plan. This project will be a critical step toward the development of an organized and effective mental health response team in Region 6 5. What activities need to be completed to finish the project? Activities include: recruitment and screening of course participants, logistics (i.e. scheduling training center, etc.), and printing of participant materials. 6. What are the tangible results and / or deliverables of the project? Twenty-five King County mental health and/or spiritual care providers successfully completing 3-day Train-the-Trainer version of Disaster Mental Health - A Critical Page 15 of 36 FFY07-SHSP-TE-001 Response course and registering with the Public Health-Seattle King County Medical Reserve Corps. **A deliverable of all projects will be a required monthly report (through the Training & Exercise Subcommittee Discipline Lead) on the status of the project at the Training & Exercise Subcommittee meeting. ** 7. How will the grant funds be used to support this project? Grant funds will be used to pay for the 3-day Train-the-Train course. This includes all costs associated with the instructors (training fees, travel, per diem) and printing of all training materials. 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, you may wait until the following quarter or if your subgrant ends within 1 month of a narrative progress report you may submit with the final invoice. Include in the timeline submission of invoices reimbursement requests to KCOEM and the end of project report to KCOEM. if your project involves purchase of equipment, allow 3 months for equipment approval process to be completed which will happen before the contract is executed. Estimated Completion Date Receive State EMD approval for the training course. No Later than May 1, 2008 Completion of logistical activities (securing venue and food for participants) Food May 1, 2008 and locations are not fundable b T&E. Recruitment of 25 qualified participants for the course. (i.e. meets professional June 15, 2008 credential criteria, successfully passes criminal background check Delivery of 3-Day course July 1, 2008 Submit final invoices and documentation to KCOEM. Se tember 1, 2008 Page 16 of 36 FFY07-SHSP-TE-001 Exhibit B: BUDGET B-1 ALLOWABLE COSTS: Using Appendix D - ALLOWABLE COST MATRIX of FFY07-HSGP Program Guidance & Appilcatiq it identify the allowable costs that best represent this project: Training: Training workshops and conferences Full- or part-time staff or contractors/consultants Travel Supplies 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 Category Planning Training Exercise Equipment Equipment $ - $ - $ - $ - Consultant Fees $ - $ 8,600.00 $ - Salaries & Benefits $ - $ - $ - Overtime/Backfill $ - $ - $ - Travel & Per Diem $ - $ 2,930.00 $ - Goods & Services $ - $ 2,500,00 $ - Total Amount $ - $ 14,030.00 $ - $ - ' Grant Total14,030.00 • 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 17 of 36 FFY07-SHSP-TE-001 Exhibit C: APPROVED EQUIPMENT LIST NOT APPLICABLE TO THIS PROJECT ***** This page left blank intentionally ***** Page 18 of 36 --------- -- ---- -- ----------- --- --- Washington State Military Department , CONTRACT FACE SHEET R�07-SHSPJE-001 Contractor Name and Address: 2. Contract Amount: 3. Contract Number King County Js 4 Office of Emergency Management $2,350,774 E08-196 King Couticy ul.,2e r 3511 NE 2nd Street Emergency Managerf ent Renton, WA 98056 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,7735S 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 ❑ 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 i 0. 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 t2. BRIEF DESCRIPTION: he 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 FFY 2007 Homeland Security Grant Program, State Homeland Security Program (SHSP). The funding is timergency eing provided to address the unique exercise, training, planning and management and administration needs of responders. fe ITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments reto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and .,onditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract. ln the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by iving 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. �fhis 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. UHEREAS, the parties hereto have executed this contract on the day and year last specified below. R THE DEPARTMENT, FOR THE CONTRACTOR: Signature Date ignature Date James M. Mull n, Director James J. Buck, County Administrative Officer Emergency Management Division IVashington State Military Department for FPPROVED AS TO FORM. � King County Office of Emergency Management ara J Finlay (signature on file} 9/12/2007 ssistant Attorney General �;Q ((fj hj 614 Form 10/27/00 kdb )y� FFY07 Homeland Security Grant Program Page 1 of 18 Ol Kin�Colunty OEM Page 19 of 36 E08-196 SPECIAL TERMS AND CONDITIONS FFY07-SHSP-TE-001 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 II -- 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 151h of each year of the contract period Final Report Electronic No later than 45th 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 cDemd.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 FFY07 Homeland Security Grant Program Page 2 of 18 King County OEM Page 20 of 36 E08-196 ARTICLE IV—ADMINISTRATIVE REQUIREMENTS: FFY07-SHSP-TE-001 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. 1-2. 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 21 of 36 E08-196 6. The Contractor shall develop a control system to ensure adequate safeguards to prevent I(59�o_Id BJ6, i 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: • review of performance reports; • 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 22 of 36 E08-196 FFY07-E(��JEX01 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 23 of 36 E08-196 2. SUBRECIPIENT MONITORING FFY07-SHSP-TE-001 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 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 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. G. 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. FFY07 Homeland Security Grant Program Page 6 of 18 King County OEM Page 24 of 36 E08-196 d. Contractor shall provide right of access to its facilities and records to the Departgeyaf-AHF96�11 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.gov 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 25 of 36 E08-196 This obligation includes, but is not limited to, compliance with Ethics in Public Service pmmnn, 001 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.C. § 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 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 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 26 of 36 E08-196 Further, the Contractor agrees not to enter into any arrangements or contracts related to t RC1jT"WTitKo1 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.epls.gov. 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 27 of 36 E08-196 19. ADVANCE PAYMENTS PROHIBITED FFY07-SHSP-TE-001 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 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 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 28 of 36 E08-196 28. TERMINATION OR SUSPENSION FOR CAUSE FFY07-SHSP-TE-001 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 29 of 36 E08-196 amount agreed upon by the Contractor and the Department for (i) completed work and s9R�1eMjF0P01 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: a. 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 30 of 36 E08-196 FFY07L:SWfbY1Y01 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 ojp.usdoj,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 31 of 36 E08-196 8. If purchasing equipment, the Contractor must meet the following requirements: FFY07-SHSP-TE-001 • 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 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". FFY07 Homeland Security Grant Program Page 14 of 18 King County OEM Page 32 of 36 E08-196 • All contract work must end on the contract end date, however the Contractor has up toF4Soa-ajwPaNPo1 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 33 of 36 E08-196 FFY07-SHSP-TE-001 MILESTONE TIMELINE FFY 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. 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 34 of 36 E08-196 FFY07t�%TftOl BUDGET SHEET FFY 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 $ 1,049,000 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 11 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 35 of 36 E08-196 FFY0712ffi ff l 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 Total amount de-obligated under this contract: $ :Y07 Homeland Security Grant Program Page 18 of 18 King County OEM Page 36 of 36 E08-196 Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 6D 1. SUBJECT: KING COUNTY OFFICE OF EMERGENCY MANAGEMENT, HOMELAND SECURITY SUB-GRANT AGREEMENT, ZONE 3 UNIFIED COMMAND - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement from the King County Office of Emergency Management Division Homeland Security Sub-grant in an amount not to exceed $11,000. The monies are to be used for reimbursement, as identified in the Grant Application Proposal, to deliver two seminars in the Zone 3 response area to address the response capabilities, the use of ICS, and use of Unified Command of the agencies in Zone 3; Law Enforcement, Fire, Public Works, Communications, and special response teams. The agreement has been review and approved by the City Attorney's Office. 1 3. EXHIBITS: Grant Application Proposal Sub-grant Agreement 4. RECOMMENDED BY: Staff and Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? up to $11,000 Revenue? up to $11,000 Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: FFY07-SHSP-TE-003 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT SUB GRANT AGREEMENT NUMBER: FFY07-SHSP-TE-003 PROJECT TITLE: Zone 3 Unified Command -Seminar 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 April 15, 2008 to November 30, 2008. 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 for the City of Kent, 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 35 FFY07-SHSP-TE-003 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 NE 2nd Street Renton, WA 98056 PH: 206.296.3830 / FAX: 206.205.4056 aiec,chLa-p—rnan-leifgcont�v I If to the Subgrantee: Dominic V. Marzano City of Kent 24611 1161" Ave Southeast Kent, WA 98030 PH: 253.856.4316 / FAX: 253.856.4119 dmarzanoj@ci.Kent.wa.us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement Agreement and will not to exceed $ 11,000.00 (Eleven thousand dollars and zero 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. I itp://www.m troke.aov/prepare/homelandsecuritylhomelandsec_grity_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 35 FFY07-SHSP-TE-003 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 35 FFY07-SHSP-TE-003 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 35 FFY07-SHSP-TE-003 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 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 35 FFY07-SHSP-TE-003 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 35 FFY07-SHSP-TE-003 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 35 FFY07-SHSP-TE-003 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. 1. 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 35 FFY07-SHSP-TE-003 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 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 35 FFY07-SHSP-TE-003 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 291. 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 35 FFY07-SHSP-TE-003 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 CONTRACTIWAIVER OF DEFAULT Page 11 of 35 FFY07-SHSP-TE-003 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 BY Suzette Cooke, Mayor Robin Friedman, Director �\ Date Date Page 12 of 35 FFY07-SHSP-TE-003 Exhibit A: SCOPE OF WORK A-1 GENERAL INFORMATION: Project Title: Zone 3 Unified Command -Seminar Sub Grantee's Name: City of Kent Contact Person: Dominic V Marzano Job Title: AC/Emergency Manager Complete Address: 24611 116th Ave SE Kent, WA 98030 Phone: 253-856-4316 Fax: 253-856-4119 E-Mail: dmarzano(a-)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 Wq,;hington Slatewide Homeland Security trate iQ Plan that best represents the project. GOAL#: 5.4 GOAL DESCRIPTION Strengthen regional response OBJECTIVE #. 5 4 5 OBJECTIVE DESCRIPTION: Establish, develop, train and maintain a regional HazMat and CBRNE response command and control capability Identify ONE Goal and ONE Objective in the or ion 6 Homeland Security Strategic plan that best represents the project: REGIONAL PRIORITY#: 1 REGIONAL PRIORITY DESCRIPTION: Coordinate and strengthen regional emeergency preparedness, prevention, mitigation and recovery GOAL#: C GOAL DESCRIPTION: Coordinate all emergency management plans Reqional coordination of homeland security planning efforts will increase interoperability and better define roles and responsibilities of all organizations Page 13 of 35 FFY07-SHSP-TE-003 OBJECTIVE #: 2 OBJECTIVE DESCRIPTION: Clarify and synchronize preparedness, response, an recovery roles and expectations directIV with local, regional, State and Federal agencies. A-4 PROJECT DESCRIPTION: Describe your project using a maximum of two pages by answering ALL of the following questions separately: 1. Provide a description of your project: This seminar is to address the response capabilites of the agencies in Zone 3. Law Enforcement, Fire, PW, Communications, and special response teams must have the ability to organize and manage emergency scenes. The use of ICS and more specifically knowledge in and use of Unified Command is the primary tool for this management. This seminar will include information and manipulative aspects of the establishment and operation of a unified command in a functional setting. It is the intent to of the grant to deliver two seminars. The seminars, including field activities, will be one day offerings lasting 4-6 hours in October of 2008. The offerings will be located in two different locations in Zone 3 to be determined on space avaiable once the grant is awarded. 2. What is the purpose of the project? This seminar will address the fundemental knowledge needed to understand the priciples and skills regarding the establishment of Unified Command within the ICS system and the practical application of that knowledge in a field setting. This seminar is the logical and necessary next step to capatalize on the knowledge gained through the recent ICS 300 and 400 training. This seminar will help particpants "put it all together" for real world applications. 3. What problem does the project solve? Currently agencies in Zone 3 jurisdictions have had little or no exposure to Unified Command concepts and/or actual use. With the move to comply with NIMS and the desire to be more proficeint in their skills and efficeint in their response, the request for additional opportunities for implementation of previous training has been brought forward. This seminar will address this and help to improve the confidence and overall knowledge, skills and abilities (KSA) of the Zone 3 responders. 4. How does the project enhance local / regional homeland security and preparedness for CBRNE / Terrorist/ WMD incidents? This project will improve the knowledge, skills and abilities of the participants as well as begin to create a consistent and cooperative response within the Zone. Particpating agency members will be more aware of and trained to a common understanding and a common ability for command and control in incident response 5. What activities need to be completed to finish the project? Identification of desired particpants; identify and coordinate presentation/delivery team needs; secure facilities, advertisement of and enrollment; delivery of seminar, completion of HSEEP material. 6. What are the tangible results and / or deliverables of the project? This project will improve the knowledge, skills and abilities of the participants in the area of Unified Command concepts, functions and particulars. It will also create a consistent and cooperative response profile for command and control within the Zone. Particpating Page 14 of 35 FFY07-SHSP-TE-003 agency members will be more profeceint and current in their ability for command and control in incident response **A deliverable of all projects will be a required monthly report (through the Training & Exercise Subcommittee Discipline Lead) on the status of the project at the Training & Exercise Subcommittee meeting. *' 7. How will the grant funds be used to support this project? Grant funds will be used to develop/produce seminar materials and manuals; display and example items and for OT or backfill of all participants. 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, you may wait until the following quarter or if your subgrant ends within 1 month of a narrative progress report you may submit with the final invoice. Include in the timeline submission of invoices reimbursement requests to KCOEM and the end of project report to KCOEM. if your project involves purchase of equipment, allow 3 months for equipment approval process to be completed which will happen before the contract is executed. Estimated Completion Date -Development of curriculum, classroom dis la s and demonstration items June/Jul 2008 Narrative Progress Report July 15, 2008 Procure/produce necessary manuals, materials, handouts, props and August 2008 materials Seminar delivery and AAR re ort com letion October 2008 Final Progress Report, Exercise HSEEP Materials (AAR/IP etc.) and November 30, 2008 Invoice Summary Page 15 of 35 FFY07-SHSP-TE-003 Exhibit B: BUDGET B-1 ALLOWABLE COSTS: Using Appendix D - ALLOWABLE COST MATRIX of FFY07-HSGP Pro ram Guidance & Application Kit identify the allowable costs that best represent this project: Exercise: Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in G&T exercises Supplies 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 Category Planning Training Exercise Equipment Equipment $ - $ - $ - $ - Consultant Fees $ - $ - $ - Salaries & Benefits $ _ $ _ $ _ Overtime/Backfill $ - $ - $ 9,000.00 Travel & Per Diem $ _ $ - $ _ Goods & Services $ - $ - $ 2,000.00 Total Amount $ - $ - $ 11,000.00 $Grant - 111 11 • 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. I Page 16 of 35 FFY07-SHSP-TE-003 Exhibit C: APPROVED EQUIPMENT LIST NOT APPLICABLE TO THIS PROJECT ***** This page left blank intentionally ***** Page 17 of 35 Washington State Military Department e CONTRACT FACE SHEET N-SHSP-T[7-003 Contractor Name and Address: 2, Contract Amount, 3. Contract Number 4 King County 1 i � ,J Office of Emergency Management Kin C , 3511 NE 2nd Street $2,350,774 E08-196 EmergencyMa nags enl Renton, WA 98056 i. 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 0. 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: r 3. CFDA#&Title: 14. TIN or SSN- 2007-GE-T7-0017 773SU, 773ST, 773SQ, 773SA, 773S5 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 Nr 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 t 2. BRIEF DESCRIPTION: he 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 ihrough the FFY 2007 Homeland Security Grant Program, State Homeland Security Program (SHSP). The funding is eing 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 iereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and onditlons, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract. n the event of an inconsistency In this contract, unless otherwise provided herein, the inconsistency shall be resolved by lving 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. his 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. t'VHEREAS, the parties hereto have executed this contract on the day and year last specified below. OR THE DEPARTMENT: FOR THE CONTRACTOR. &j4jZ4_1Pj mid -3-IT 7 t3ignature Date ig`�nature Date James M. Mull n, Director James J. Buck, County Administrative Officer Emergency Management Division IFashington State Military Department for 1PPROVED AS TO FORM King County Office of Emergency Management era J Finlay (signature on file) 9/12/2007 l ssistant Attorney General l Form 10/27/00 kdb y FFY07 Homeland Security Grant Program Page 1 of 18 0!J ltin�t2ounty OEM Page 18 of 35 E08-196 SPECIAL TERMS AND CONDITIONS FFY07-SHSP-TE-003 ARTICLE 1 -- 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 II -- 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 15th 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 45th 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 h Is.reporting Ca)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 FFY07 Homeland Security Grant Program Page 2 of 18 King County OEM Page 19 of 35 E08-196 ARTICLE 1V--ADMINISTRATIVE REQUIREMENTS: FFY07-SHSP-TE-003 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 Fable 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. 1-2. 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 20 of 35 E08-196 6. The Contractor shall develop a control system to ensure adequate safeguards to prevent Ic5$90_1d 5J9,003 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: • review of performance reports; • 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 21 of 35 E08-196 FFY07-E1A,9Jb-ftFX03 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) "Subrecipient' shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. C. "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 1. "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 22 of 35 E08-196 2. SUBRECIPIENT MONITORING FFY07-SHSP-TE-003 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 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 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. FFY07 Homeland Security Grant Program Page 6 of 18 King County OEM Page 23 of 35 E08-196 d. Contractor shall provide right of access to its facilities and records to the Departff( iaf-§Myj_�03 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.gov 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 24 of 35 E08-196 This obligation includes, but is not limited to, compliance with Ethics in Public Service (Rms4n-�Y003 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.C. § 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 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 I 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 ail 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 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 25 of 35 E08-196 Further, the Contractor agrees not to enter into any arrangements or contracts related to tK9C§r' W 1F03 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 epls.gov. 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 26 of 35 E08-196 19. ADVANCE PAYMENTS PROHIBITED FFY07-SHSP-TE-003 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 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 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 27 of 35 E08-196 28. TERMINATION OR SUSPENSION FOR CAUSE FFY07-SHSP-TE-003 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 28 of 35 E08-196 amount agreed upon by the Contractor and the Department for (i) completed work and Sj j e�JRJFU?03 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: a. 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 29 of 35 E08-196 FFY07LS,�R[bY1 q03 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 30 of 35 E08-196 & If purchasing equipment, the Contractor must meet the following requirements. FFY07-sHSP-TE-003 • Be in compliance with the OGT Authorized Equipment List (AEL), as detailed at: http://wwwl.rkb.mipt.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 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". FFY07 Homeland Security Grant Program Page 14 of 18 King County OEM Page 31 of 35 E08-196 • All contract work must end on the contract end date, however the Contractor has up to%0dr*sPaTFe-Q03 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 32 of 35 E08-196 FFY07-SHSP-TE-003 MILESTONE TIMELINE FFY 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. 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 33 of 35 E08-196 FFY07tfflffd03 BUDGET SHEET FFY 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 $ 1,049,000 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 11 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 r2 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 34 of 35 E08-196 FFY0712 %f f IJ03 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 Cate or Date Item Discipline Category Approved Purchased For Total amount de-obligated under this contract: $ FFY07 Homeland Security Grant Program Page 18 of 18 King County OEM Page 35 of 35 E08-196 Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 6E 1. SUBJECT: KING COUNTY OFFICE OF EMERGENCY MANAGEMENT, HOMELAND SECURITY SUB-GRANT AGREEMENT, UNIFIED COMMAND OPERATIONAL FULL SCALE EXERCISE -AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the King County ' Office of Emergency Management Division Homeland Security Sub-grant agreement in an amount not to exceed $13,000. The monies are to be used for reimbursement, as identified in the Grant Application Proposal, to coordinate and strengthen regional emergency response through an exercise of a controlled event as follow-up to the Zone 3 Unified Command Seminar. The agreement has been reviewed and approved by the City Attorney's Office. ' 3. EXHIBITS: Grant Application Proposal Sub-grant Agreement 4. RECOMMENDED BY: Staff and Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? up to $13,000 Revenue? up to $13,000 Currently in the Budget? Yes No A 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: FFY07-SHSP-TE-004 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT SUB GRANT AGREEMENT NUMBER: FFY07-SHSP-TE-004 PROJECT TITLE: Unified Command Operational Full Scale Exercise 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 April 15, 2008 to December 31, 2008. 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 for the City of Kent, 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 36 FFY07-SHSP-TE-004 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 NE 2nd Street Renton, WA 98056 PH: 206.296.3830 / FAX: 206.205.4056 alec.chiapman kingcounty.aov If to the Subgrantee: Dominic V. Marzano City of Kent 24611 1161h Ave Southeast Kent, WA 98030 PH: 253.856.4316 / FAX: 253.856.4119 dmarzanofa ci.kent.wa.0 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement Agreement and will not to exceed $ 13,000.00 (Thirteen thousand dollars and zero 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. htt :l/www metro kc.govlpreparelhomelandsecurity_Ihomelandsecurity 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 36 FFY07-SHSP-TE-004 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 36 FFY07-SHSP-TE-004 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/xiibrary/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 36 FFY07-SHSP-TE-004 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 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 36 FFY07-SHSP-TE-004 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 USG §§ 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.G. § 12112, the Contractor shall comply with the requirements of U.S. Equal Employment Page 6 of 36 FFY07-SHSP-TE-004 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 16301 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 36 FFY07-SHSP-TE-004 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 36 FFY07-SHSP-TE-004 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 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 36 FFY07-SHSP-TE-004 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 291. 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 36 FFY07-SHSP-TE-004 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 CONTRACT/VVAIVER OF DEFAULT Page 11 of 36 FFY07-SHSP-TE-004 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 t 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 BY Suzette Cooke, Mayor Robin Friedman, Director Date Date Page 12 of 36 FFY07-SHSP-TE-004 Exhibit A: SCOPE OF WORK A-1 GENERAL INFORMATION: Project Title: Unified Command Operational (FSE) Exercise 1 Sub Grantee's Name: City of Kent Contact Person: Dominic V Marzano Job Title: AC/Emergency Manager Complete Address: 24611 116th 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 Washington Statewide Homeland Security,, tccJic Man that best represents the project: GOAL#: 5_4 GOAL DESCRIPTION. Strengthen regional response OBJECTIVE #: 5 4 3 6 OBJECTIVE DESCRIPTION: Continue to exercise on a consistent basis Identify ONE Goal and ONE Objective in the Region 6 Homeland Security Strategic c Flan that best represents the project- Page 13 of 36 FFY07-SHSP-TE-004 REGIONAL PRIORITY#: 1 REGIONAL PRIORITY DESCRIPTION: Coordinate and strengthen regional emeergency preparedness, prevention, mitigation and recovery GOAL#: C GOAL DESCRIPTION: Coordinate all emergency management Mans. Regional coordination of homeland security planning efforts will increase interoperability and better define roles and responsibilities of all organizations. OBJECTIVE#: 2 OBJECTIVE DESCRIPTION: Clarify and synchronize preparedness, response, an recovery roles and expectations directly with local, regional, State and Federal agencies. A-4 PROJECT DESCRIPTION: Describe your project using a maximum of two pages by answering ALL of the following questions separately: 1. Provide a description of your project: This will be a follow-up to the seminar (see subgrant FFY07-SHSP-TE-003). The ' exercise will be an actual repsonse to a controlled area for the establishment of a command component for an event involving multiple jurisdictions and multiple disciplines. The event will simulate a large and involved response to HazMat (CBRNE) terrorist event. The multi-discipline Zone 3 repsponders ie., PD, Fire, Public Works, and Parks will receive promts and injects via radio, cell phone from an established SimCell off site and face to face communications. The event will be an attack/sabatoge event on a local business with national and international ties. The event will be perpetrated by an identified group that wishes to cripple the business, scare the public, put other businesses on notice and send a message to the world. The attack will start as a simple HazMat and quickly escalate with secondary events and the identification of a crime. The event will impact multiple city functions and personnel as well as the surrounding community. The exercise will test the ability of Zone responders participants from various jurisdictions, such as Kent, Auburn, SeaTac, Kent Schools, Renton and Federal Way to establish command and then to transition to a unified command as the exercise evolves and injects add complexity. Zone 3 participants will be encouraged by exercise inject to work together for mission goals and to work to establish a functional and operational command structure. 2. What is the purpose of the project? This exercise will test particpant and jusrisdictional discipline plans for response to a major incident. This will include the establishment of command and then the evolution and establishment of a unified command structure as the event escalates in scope and intensity 3. What problem does the project solve? Currently agencies (KSA) of the Zone 3 responders. Currently agencies in Zone 3 jurisdictions have had little or no exposure to Unified Command concepts and/or actual use. With the move to comply with NIMS and the desire to be more proficeint in their skills and efficeint in their response, the request for additional pratice and exercise has Page 14 of 36 FFY07-SHSP-TE-004 been brought forward. This exercise will address this and help to improve the confidence and overall knowledge, skills and abilities (KSA) of the Zone 3 responders. This will be accomplished by the cooperative activities of responders and the inclusion of Zone 3 discipline commanders, chiefs and department heads as part of the unified command structure. 4. How does the project enhance local / regional homeland security and preparedness for CBRNE / Terrorist/ WMD incidents? This project will improve the knowledge, skills and abilities of the participants as well as begin to create a consistent and cooperative response within the Zone. Particpating agency members will exercise theorectical priciples in an actual event scenario to build a common understanding and a common ability for command and control in incident response. 5. What activities need to be completed to finish the project? Identification o material. Identification of scenario; secure facilities, advertisement of the event enrollment; delivery of exercise, completion of HSEEP material. 6. What are the tangible results and / or deliverables of the project? This project will improve the knowledge, skills and abilities of the participants in the area of Unified Command concepts, functions and particulars. It will also create a consistent and cooperative response profile for command and control within a Zone. Particpating agency members will be more profeceint and current in their ability for command and control in incident response. **A deliverable of all projects will be a required monthly report (through the Training & Exercise Subcommittee Discipline Lead) on the status of the project at the Training & Exercise Subcommittee meeting. ** 7. How will the grant funds be used to support this project? Grant funds will be used to develop/produce exercise materials and command props and for OT or backfill of participants. 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, you may wait until the following quarter or if your subgrant ends within 1 month of a narrative progress report you may submit with the final invoice. Include in the timeline submission of invoices reimbursement requests to KCOEM and the end of project report to KCOEM. if your project involves purchase of equipment, allow 3 months for equipment approval process to be completed which will happen before the contract is executed. Estimated Page 15 of 36 FFY07-SHSP-TE-004 )mpletion Date Narrative Progress Report Jul 15, 2008 Development of scenario July/August 2008 Procure necessary props and materials September 2008 Narrative Progress Report October 15, 2008 Exercise delivery and AAR report completion October/November 2008 Final Progress Report, Exercise HSEEP Materials (AAR/IP etc.) and December 31, 2008 Invoice Summary Page 16 of 36 FFY07-SHSP-TE-004 Exhibit B: BUDGET B-1 ALLOWABLE COSTS: Using Appendix D - ALLOWABLE COST MATRIX of FFY07-HSGP Pro ram Guidance & ,�pp c pQo Kit identify the allowable costs that best represent this project: Exercise: Design, Develop, Conduct and Evaluate an Exercise Exercise planning workshop Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating In G&T exercises Supplies 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 Category Planning Training Exercise Equipment Equipment $ - $ - $ - $ - Consultant Fees $ - $ - $ - Salaries & Benefits $ _ $ _ $ _ Overtime/Backfill $ - $ - $ 9,500.00 Travel & Per Diem $ _ $ _ $ _ Goods & Services $ - $ - $ 3,500.00 Total Amount $ - $ - $ 13,000.00 $ - Grant Total $ 111 11 • 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 17 of 36 FFY07-SHSP-TE-004 Exhibit C: APPROVED EQUIPMENT LIST NOT APPLICABLE TO THIS PROJECT ***** This page left blank intentionally ***** Page 18 of 36 Washington State Military Department Y CONTRACT FACE SHEET 'W07-SHSP-TE- 4 I. Contractor Name and Address: 2. Contract Amount: 3. Contract Number King County JAN 4 11-10 Office of Emergency Management Kin s $2,350,774 E08-196 g County ��r.cr- r 3511 NE 2nd Street Emergency Managen ion Renton, WA 98056 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 0. 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 C BRIEF DESCRIPTION•e 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 FFY 2007 Homeland Security Grant Program, State Homeland Security Program (SHSP). The funding is Ieing provided to address the unique exercise, training, planning and management and administration needs of mergency responders. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments Iereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and "onditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract. n the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by iving 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. t his 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 bird any of the parties hereto. rHEREAS, the parties hereto have executed this contract on the day and year last specified below. (OR THE DEPARTMENT: I FOR THE CONTRACTOR ti-uregnat Date gnature Date ames M. Mull Mn, Director James J. Buck, County Administrative Officer Emergency Management Division UaPROVED shington State Military Department for AS TO FORM King County Office of Emergency Management - ara J Finlay (signature on file) 9/12/2007 � ssistant Attorney General Form 10/27/00 kdb / y FFY07 Homeland Security Grant Program Page 1 of 18 OI Kin�tCF_7ounty OEM Page 19 of 36 E08-196 SPECIAL TERMS AND CONDITIONS FFY07-SHSP-TE-004 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 II -- 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 451h 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 15th 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 45th 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 his.reporting(a-)-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 FFY07 Homeland Security Grant Program Page 2 of 18 King County OEM Page 20 of 36 E08-196 ARTICLE IV --ADMINISTRATIVE REQUIREMENTS: FFY07-SHSP-TE-004 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, 1-2. 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 21 of 36 E08-196 6. The Contractor shall develop a control system to ensure adequate safeguards to prevent I&gg� 7d hJ6-004 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: • review of performance reports; • 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 22 of 36 E08-196 FFY07-E�thkbj�EX04 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) "Subrecipient' shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. C. "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 1. "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 23 of 36 E08-196 2. SUBRECIPIENT MONITORING FFY07-SHSP-TE-004 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 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 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. FFY07 Homeland Security Grant Program Page 6 of 18 King County OEM Page 24 of 36 E08-196 d. Contractor shall provide right of access to its facilities and records to the Depart�yy f-gffjF; 04 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 (GARS) 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) imonths 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 25 of 36 E08-196 This obligation includes, but is not limited to, compliance with Ethics in Public Service (Rs4004 I 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.C. § 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 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 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 26 of 36 E08-196 Further, the Contractor agrees not to enter into any arrangements or contracts related to i+ Pdt"WTW04 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.epls.gov. 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 27 of 36 E08-196 19. ADVANCE PAYMENTS PROHIBITED FFY07-SHSP-TE-004 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 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 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 28 of 36 E08-196 28. TERMINATION OR SUSPENSION FOR CAUSE FFY07-SHSP-TE-004 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 29 of 36 E08-196 amount agreed upon by the Contractor and the Department for (i) completed work and sWOWMA)PO4 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: a. 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 M 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 30 of 36 E08-196 FFY07ekfi[bY1604 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 (13SIR), via the web-based grant reporting tool. Failure to meet ail 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.olp.usdo'.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 31 of 36 E08-196 8. If purchasing equipment, the Contractor must meet the following requirements: FFY07-sHSP-TE-004 • Be in compliance with the OGT Authorized Equipment List (AEL), as detailed at: http://wwwl.rkb.mipt.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 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". FFY07 Homeland Security Grant Program Page 14 of 18 King County OEM Page 32 of 36 E08-196 • All contract work must end on the contract end date, however the Contractor has up toF4N0a--*sPaN404 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. Z 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 Z 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 33 of 36 E08-196 FFY07-SHSP-TE-004 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 S Termination of the contract performance; all work must end under September 3 0, 2009 this contract. No later than November 14, 2009 Submit all final reports, invoices for reimbursement and/or deliverables. i FFY07 Homeland Security Grant Program Page 16 of 18 King County OEM Page 34 of 36 E08-196 FFY07t�%Tf d04 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 $ 1,049,0001 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 i1 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 35 of 36 E08-196 s FFY07-ffft-f d04 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 Categor Date Item Discipline Y Approved Purchased For Total amount de-obligated under this contract: $ FFY07 Homeland Security Grant Program Page 18 of 18 King County OEM Page 36 of 36 E08-196 Kent City Council Meeting Date May 20, 2008 ' Category Consent Calendar - 6F 1. SUBJECT: TRANSPORTATION MASTER PLAN, PHASE 2 CONSULTANT SERVICES AGREEMENT WITH MIRAI ASSOCIATES, INC. - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement between the City and Mirai Associates, Inc. for the Transportation Master Plan - Phase 2 in an amount not to exceed $204,653, upon terms and conditions acceptable to the City Attorney and the Public Works Director. Phase II of the Transportation Master Plan is the Implementation Phase where the City puts into practice the plans, programs and projects which were identified in Phase I of the Transportation Master Plan. This phase will also include a revision to the City's Concurrency Management System and a revised Concurrency Ordinance as well as examining the condition of the City's roads. This phase will also consider ways to incorporate preservation and maintenance of the City's enormous investment in transportation infrastructure into the City's financial priorities. 3. EXHIBITS: Public Works Memorandum and Consultant Services Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) IS. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 5 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 • Fax: 253-856-6500 KENT WA_5 HI" TON_ Address: 220 Fourth Avenue S. Kent, WA 98032-5895 i� Date: April 28, 2008 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: May 5, 2008 From: Cathy Mooney, Senior Transportation Planner Through: Larry Blanchard, Public Works Director Subject: Transportation Master Plan — Phase 2 ' Motion: Move to recommend authorization for the Mayor to sign the Consultant Services Agreement between the City of Kent and Mirai Associates, Inc. for the Transportation Master Plan — Phase 2 in an amount not to exceed $204,653, upon concurrence of the language therein by the City Attorney and the Public Work s Director. Summary: The Transportation Master Plan was authorized by Council in December 2005 as a two-part planning effort. The first planning phase engaged the community in the visioning of a 20-year multi-modal transportation network which integrates the Council's Strategic Goals and the Community's (transportation-centered) Values as identified by the TMP Task Force and public comment as heard throughout the extensive Public Involvement Process. The second phase is the Implementation Phase. This is where we will start to put into practice the plans, programs, and projects which were identified in Phase I of the TMP, the more global policy document. Phase 2 will include a revision to the City's Concurrency Management System and a revised `+ Concurrency Ordinance. We will explore ways to integrate and measure multiple modes of ■ transportation within a Plan-Based Concurrency Management System. We will also examine the condition of the City's roads and consider ways to incorporate preservation and maintenance of the City's enormous investment in infrastructure into the city's financial priorities. The first phase of the TMP identified an ambitious Non-Motorized plan of both sidewalk and bicycle improvements. The consultant will work with the City's bicycle advocacy group to prioritize the bicycle project list and establish an annual work program for bicycle improvements for the next couple of years. The consultant will work with Transportation Staff to augment the existing project of updating the traffic signal timing. The consultant will also work with Transportation Staff to establish performance measures and develop an annual report card on transportation data of interest to Council and the community. Lastly, the consultant will assist staff in facilitating discussions with the business community on transportation funding issues of benefit to all parties. The full Scope of Work is attached. U\PWCommittee\ActionActionPage\050508TMPPhase2 docU \PW Committee\Action Pages\2008\PWC 05 05 08\Item 2 Action Pg TMP Phase 2 doc 6 • KENT W A S H I N G T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and Mirai Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Mirai Associates, Inc. organized under the laws of the State of Washington, located and doing business at 11410 NE 122nd Way, Suite 320, Kirkland, WA 98034-6927, Phone: (425) 820-0100/Fax: (425) 821-1750, Contact: Donald Samdahl (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 project administration and serve as liaison to City staff during the implementation phase of the Transportation Master Plan. For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region 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, 2009. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Two Hundred Four Thousand, Six Hundred Fifty Three Dollars ($204,653.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) 7 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) 8 VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The 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 i 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 1 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, including all appeals, 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) 9 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. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 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) DATE: DATE: CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 10 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Donald Samdahl Larry R. Blanchard Mirai Associates, Inc. City of Kent 11410 NE 122nd Way, Suite 320 220 Fourth Avenue South Kirkland, WA 98034-6927 Kent, WA 98032 (425) 820-0100 (telephone) (253) 856-5500 (telephone) (425) 821-1750 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Mirai-TMP Ph 2/Mooney i CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 11 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 12 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 13 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 14 Exhibit A- Sc Work f b op o Task 0: Project Management - CONSULTAIVT - nd City lo,�)d CONSULTANT will provide project administration and serve as a liaison to City staff during the implementation phase of the Transportation Master Plan. Each month CONSULTANT will prepare a status report of work completed, summarizing the percent of task completed compared with budget spent, schedule,budget status and key contacts made during the period. CONSULTANT will develop and maintain a detailed schedule for completion of key tasks. CONSULTANT will provide document review and quality assurance through its QA/QC program. CONSULTANT's project manager will meet in-person at least monthly with the City project manager and communicate regularly by phone and email. As needed, a biweekly conference call will be conducted with key team members. Deliverables: Monthly progress reports; invoices; schedule updates, key actions from project meetings. Task 1: Revise Concurrency Management Program CONSULTANT will prepare a plan-based concurrency program. CONSULTANT will conduct a workshop with staff to reach consensus on the concurrency method and assumptions. The method will build on the results of the TMP and match capacity provided in the system with the pace of implementing needed transportation facilities. The method will examine how to include multiple modes within the concurrency program. Once the methodology has been agreed to, CONSULTANT will conduct necessary technical analysis to produce the data necessary to implement the coneurrency program. CONSULTANT will make revisions to the city's concurrency management ordinance to be consistent with the policies in the TMP. CONSULTANT will develop procedures for implementation of the ordinance, including administrative guidelines. The procedures will include a Monitoring process to enable staff to keep track of necessary information (see Task 6- Data Management). CONSULTANT will participate in up to six meetings of staff and/or council. Deliverables: Exhibit A- Scope of Work 1 15 Memorandum regarding plan-based concurrency framework and results; Ordinance revisions; administrative guidelines document, Task 2: Prioritize Non-Motorized Project List CONSULTANT will conduct a detailed prioritization of non-motorized projects, including sidewalks and bicycle facilities. Working with staff, CONSULTANT will set criteria for sidewalk priorities. Using data developed in the TMP, CONSULTANT will refine the sidewalk priorities to establish an annual program (including cost ranges) of targeting sidewalk needs within the city. CONSULTANT will prepare tabular and GIS summaries of potential sidewalk priorities by area of the city. CONSULTANT will prepare a prioritized listing of bicycle facility improvements using the TMP bicycle system plan as a data source. CONSULTANT will work with staff and other groups (e.g. KBAB) to establish prioritization criteria and to rate the bicycle facilities. CONSULTANT will prepare draft annual plan for bicycle facility improvements and will identify a range of costs. CONSULTANT will participate in up to 12 meetings with staff and/or other groups. Deliverables: Prioritized list and maps of sidewalk and bicycle projects; cost summaries; draft schedule for project implementation. Task 3: Operctions cand Mcaintenance, Costs CONSULTANT will developa process to incorporate Operations and Maintenance O & M P rP p ( ) costs into the funding program. CONSULTANT will identify the applicable O & M elements (project and programmatic elements) working with city staff. CONSULTANT will summarize the range of annual O&M costs and prepare an O & M funding program. CONSULTANT will incorporate these costs into the overall funding program for review by Council. CONSULTANT will participate in up to three interviews with Public Works staff and two in-house meetings with the project review team. CONSULTANT will review the pavement management priorities prepared by staff and develop a funding stream necessary to maintain the pavement ratings at specified levels. Up to 3 scenarios will be run. CONSULTANT will identify options for consistently funding the pavement management program. Deliverables: Exhibit A- Scope of Work 2 16 ' Memorandum documenting O&M elements and cost assumptions; memorandum documenting O&M funding sources; Memorandum and tables modifying funding program to incorporate O&M and pavement management costs. Task 4: Street Design Standards CONSULTANT will review the proposed updates to the street standards being developed b p P p g p Y others within the city. CONSULTANT will identify areas that will require more detailed review by the Transportation Manager and suggest possible revisions where appropriate. CONSULTANT will Focus on non-motorized design standards and other changes directly related to implementation of the TMP recommendations. CONSULTANT will participate in up to two in-house meetings on the design standards. Deliverables: Memorandum documenting comments on street design standards Task 5: Traffic System Management CONSULTANT will develop a strategy to update the traffic signal timing at up to 125 intersections throughout the city and annexation area. This strategy for signal operations and management will be developed in close coordination with City Traffic Engineer and traffic engineering staff. The purpose of the signal strategy is to confirm City of Kent objectives for traffic control and signal operations, identify the types of coordination that are a good fit for Kent and the several sub-areas of traffic signals and to lay out a management plan and schedule for regular updates of signal timing and signal operation. An important element of the strategy is a priority list of signal corridors, networks and intersection locations for updates to tinning plans. To assist in this effort, CONSULTANT will prepare a Best Management Practices paper regarding traffic signal timing and placement as recommended by ITE or other national authorities. This paper will summarize the National Signal Report Card and document how the city has scored over time and compared to the national average. Regional comparisons will be provided by the CONSULTANT if available. CONSULTANT and City will select up to five corridors (assume up to 40 intersections) to implement the traffic signal timing strategy. For each corridor, CONSULTANT will compile traffic data for signal tuning, from city's Synchro file and records. City will provide updated traffic counts upon request. CONSULTANT will review current traffic operations under existing signal pleasing and timing plans, including peak period observations of traffic conditions at key intersections. CONSULTANT will recommend signal timing plans in each corridor to meet the city's objectives for traffic control. Deliverables: White paper on best management practices for traffic signal timing and operation. Exhibit A- Scope of Work 3 17 Memorandum summarizing traffic signal operations and management strategy for City of Kent Recommendations for signal timing, coordination and signal phasing for City implementation within 5 corridors Task 6: Data Management CONSULTANT will produce an outline for an Annual Transportation Report Card. This report card will cover the performance of the transportation system and compare the pace of transportation investments with development patterns and growth. The report card outline will document the following: ❖ Contents ❖ Data needed and sources (including traffic counts, traffic control inventory, truck data, accident data, transit data, pedestrian and bicycle data; CTR data; development permit data) ❖ Staff and outside resources CONSULTANT will work with staff to refine the report card content and objectives. CONSULTANT will prepare a prototype report card document for use by staff. The report will include a data collection plan and staff resource estimates. CONSULTANT will participate in up to six meetings with staff and present the report card infornlation at up to two council-related meetings or outside groups. Deliverables.- Memorandum documenting report card outline and contents; prototype report card report; compilation of available data; data collection and staff resource plans. Task 7: Business Funding Process CONSULTANT will support city staff to establish a business community funding process. CONSULTANT will serve in an advisory role. Possible roles could include additional technical and policy research on specific funding strategies, and/or facilitation of discussions among business and city leaders. City staff will direct the consultant activities within the budgeted number of hours. Deliverables: To be determined. May include written and oral findings of research activities; presentation materials for meetings; meeting notes. Exhibit A- Scope of Work 4 Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 6G 1. SUBJECT: LANDFILL GAS PROBE RESTORATION CONSULTANT SERVICES AGREEMENT WITH PARAMETRIX, INC. - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement with Parametrix, Inc. for the purpose of restoring three (3) gas monitoring probes associated with the Midway and Kent Highlands Landfills in an amount not to exceed $57,636.41, upon terms and conditions acceptable to the City Attorney and the Public Works Director. ' This contract provides for the re-drilling of two probes, installation of a drivable cover and preparation and submittal of the required documentation for the drilling and restoration to the Department of Ecology. Probes were damaged by construction during the Pacific Highway South HOV Improvements and the S. 228th Corridor projects and will be paid for out of the contingency funds for those ' projects. ' 3. EXHIBITS: Public Works Memorandum and Consultant Services Agreement ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: 21 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KENT Fax: 253-856-6500 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 25, 2008 To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: May 5, 2008 From: Nick Horn, Project Engineer Through: Larry Blanchard, Public Works Director Subject: Consultant Services Agreement with Parametrix, Inc. to Restore Three Gas Monitoring Probes Motion: Move to recommend authorization for the Mayor to sign the Consultant Contract Agreement with Parametrix, Inc. for the purpose of restoring three (3) gas monitoring probes associated with the Midway and Kent Highlands Landfills in an amount not to exceed $57,636.41, upon concurrence of final terms and conditions by the City Attorney and the Public Works Director. Summary: During the Pacific Highway South HOV Improvements and the S. 228th Corridor projects, three existing gas monitoring probes, originally installed to monitor possible ground water contamination from the Midway and Highland landfills, were damaged. This contract will provide for the re-drilling of two probes damaged by construction, the installation of a drivable cover on another probe, and the preparation and submittal of the required documentation for the drilling and restoration, to the Department of Ecology. Budget Impact: - None. Payment for the work will be funded from one of the contingency funds for the South 2281" St. Corridor project. P IPubllclfldnmlSoPl[3elhIPIVConmmtteelGdmnPagedoc 22 KE NT W A S H I N G T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and Parametrix, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "city"), and Parametrix, Inc. organized under the laws of the State of Washington, located and doing business at 411 108th Avenue NE, Suite 1800, Bellevue, Washington 98004, Phone: (425) 458-6323/Fax: (425) 458-6363, Contact: Sandra Williams (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 restore three gas monitoring probes associated with the i Midway and Kent Highlands Landfills. For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by July 31, 2008. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifty Seven Thousand, Six Hundred Thirty Six Dollars and forty one cents ($57,636.41) 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 - I (over:5x 0.000) 23 effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The. Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide 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 S10.000) 24 The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. 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 rover,!0 a.oQo) 25 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. 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.t10.000) 26 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Sandra Williams Larry R. Blanchard Parametrix, Inc. City of Kent 411 108th Avenue NE, Suite 1800 220 Fourth Avenue South Bellevue, WA 98004 Kent, WA 98032 (425) 458-6323 (telephone) (253) 856-5500 (telephone) 425) 458-6363 (facsimiled _ (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Parametrix Landfill Gas Probe Restora Uon/Horn CONSULTANT SERVICES AGREEMENT - 5 (Over t10,000) 27 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 28 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 29 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the.,._,_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A 30 SCOPEOF: O' City of Kent Landfill Gas Probe Restoration Project INTRODUCTION Parametrix has been retained by the City of Kent(City)to restore three gas monitoring probes associated with the Midway and Kent Highlands Landfills. This scope of work refers to the scheduling and completion of probe abandonment,replacement,and administrative reporting of the destroyed probe 89. BACKGROUND INFORMATION Three of the gas probes (69, 89,R)were installed along State Route 99 to monitor off-site gas for the Midway Landfill. A fourth gas probe(KGP-38BL)monitors off-site gas for the Kent Highlands Landfill, and is also an important water level monitoring point. Both of these landfills are owned and operated by the City of Seattle, Seattle Public Utility(SPU).Road improvement work in the area either covered up or damaged each of these probes. Probes 69 and KGP-3 8BL require replacements. Probe 89 is no longer monitored and Ecology concurred that it does not have to be replaced. Probe R needs to be extended up to grade of the present location and finished with a cover that can be driven over. Objective: • Properly abandon probe KGP-38BL, install replacements for probes 69 and KGP-38BL,bring probe R up to present grade level and install a monument that can be driven over, and submit paperwork to Ecology on the permanent destruction of probe 89. Task 01 — Pre-Field Activities Objectives • Prepare planning documents and mobilize equipment to support field investigation and probe installation. Approach • Prepare a work plan for the drilling and installation of the landfill gas probes. The document will include a health and safety plan(HASP) and a sampling and analysis plan (SAP). • Compile and compare all available site information in order to select the drilling locations and depths likely to result in successful well installation. • Set-up subcontracts with utility locator, driller, and laboratory. • Conduct a site meeting with the Client, SPU, utility locator and driller to choose boring locations and mark underground obstiuctions and plan the field effort. • Establish drilling staging area. • Submit Start Cards to Ecology for the drilling and probe installations. City of Kent 555-1843-801 Landfill Gas Probe Restoration Profect 11pril 2008 31 SCOPEOF • • • • « Obtain City of Kent Street Use Permit for drilling and probe installation on or near the City right- ' of-way. Assumptions • Underground obstructions can be located using standard geophysical equipment. Ground penetrating radar will not be required. Locating will take one day. • Parametrix will subcontract with the driller,utility locator, and laboratory and any supplier, vendors or other parties whose services might be needed. Parametrix will provide the professional services needed to complete the work. Deliverables • HASP and SAP. Task 02 ---Meld investigation Objectives « Install two replacement gas monitoring probes for probes 68 and KGP-38BL. Properly abandon KGP-38BL. Approach • Mobilize to the Site and establish a staging area. • Install and document the probes. • Sample and analyze the samples of investigation derived waste for disposal. • Coordinate proper disposal of cuttings and water. • Demobilize and clean-up the staging area. Assumptions • Only one mobilization for the driller, including probe replacement or rehabilitation, • Parametrix will subcontract with the driller, utility locator, and laboratory and any supplier, vendors or other parties whose services might be needed. Parametrix will provide the professional services needed to complete the work. • Gas probes will be drilled with technology required by formation and history of drilling in area, maximum bore diameter of 6-to 8-inches, and completed as monitoring probes. Probes will be drilled to depths of 12 feet(Probe 69) and 170 feet(KGP-38BL). • Drilling will be completed in three 10-hour days. • Drilling and probe installation will be conducted under Level D health and safety guidelines. • Up to 10 cubic yards of cuttings will be generated during drilling.The drill cuttings will be native material and will be handled as non-hazardous waste.Three samples of the wastes will be City of Kent 555-1843-801 Landfall Gas Probe Restoration Project 2 April 2008 32 SCOPE OF WORK (CONTINUED) analyzed for RCRA metals,polychlorinated biphenyls,volatile organic compounds and, and semi-volatile organic compounds. Cost for disposal of drill cuttings is not included. • pour 55-gallon drums of decontamination water will be generated during drilling activities associated with the gas monitoring wells.The decontamination water will be handled as non- hazardous waste. One sample of the water will be analyzed for RCRA metals, VOCs, and SVOCs. Cost for disposal of decontamination water is not included. • The City will be the owner, applicant, or equivalent on waste disposal documents and permit applications. Deliverables • No deliverable. Task 03 — Report Preparation r Objectives ! • Complete a report to summarize the rehabilitation work completed Approach • Prepare a sul-unary report that includes boring logs,probe construction details, and sampling results. Assumptions • Report will be less than 50 pages. • There will be a draft and final of the report. Deliverables Final report with probe construction diagrams included. Estimated Cost: The estimated cost for the described work is S57,600. Schedule: Parametrix can start work on this project within two weeks of receiving a signed contract. This task will take approximately 8 weeks to complete. Cit}>of Kent 555-1843-801 Landfill Gas Pi obe Restoration Project 3 dprd 2008 33 R �'` Vi4h;btic Q � 1 I U ae rjr` �:;r'.''"-'r��; `('^ ;rJ','�Z'•l»,v.''.�: „;�... s=T'�r,, 2ir � 1 .Q IO n� `5+'u''S�'•nS`'�?„;'��`* yS'�.�tC�''.fF';;,��"%r,i.^:s'S'��:.Y.tom 'f,�t""�`u�� p t 1 I iiIII) I I � .�%<. <,s ;%�;<:I-�.`�.,y''- ��h,� ,<:;,����:.--` •t:_r!'��� �,'�2.i� a { ' i 1 f E I �y �` �•Ty`�i�"';•'„�„'a`�r5;4icr��`'„[ .,,,h')N.z'°,�"',:�'���',.,;,:�'�f, ;�u:'`;'s7,'y�i(•`% 1 •r(tl 'C;, -..I).` '"'ii\,J., r7a...' J��,."„��<;:�J,'`5"�` .[i.�•,.i,�'�,+.,'1�� G 'Q'• 1 � i I O H - „�tiu^ �` ���'`.;'* ��i�yvk•�a;'�iA�:.t,'a"==` ,1;�^Q: I _ `,}i`t�`; ., �5`�""7, •.'"' ar�.;41 �•,\;,: iS,•'J1;S,�...I.i,.;'- - ! I ! 'p � 1'. "`xF i�,.-�x•h•f.i �:1.^.�i l�:z��.x�" Y"•IAA"r� 1-`A;.. }�, 6 N i I ' Q � 494'I ••«r"`�J���r�"�ry •v��i:��'`i;f�� si'i:•�f; �ak:,i'�i���A..(,`^;`r;i����:'-t b w n- N c° ))I = I � 'aryl `,,•a .,?°.,t^;i,�Ct�!�,;ti�,",'i�'~``•j''? :>�S?�`,�r :�` y 1 k 1 i is>ti ��=tea;. "r�7rt;`' �`:";"�;:� '•s,: ;:P„ :�i'�,S:�l�'{:- �.iu->+.,,.'• o r„ > 1 ; o`15 W o i E � I wMf m `Y iL I 3 i I I I Q1 fI N I I I 1 l ! U W i t wcn ZE rn m CL In —F F h T I n. � 34 EXHIBIT B INSURANCE REQUIREMENNTS FOR CONSULTANT SERVICES AGREEMENTS .Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or•subcontractors, A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned,non-owned, hired and leased vehicles, Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors,products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Conmercial 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' Connpensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 35 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: l. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified marl, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN II. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Client#: 19270 PARAMINC ACORUNI CERTIFICATE OF LIABILITY INSURANCE 10131/07DmYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cibble&Prentice,A USI Company ONLY AND CONFERS '5,H ,S �QN:XrHIE CERTIFICATE 01 Union Street, Suite 1000 HOLDER.THIS �� ND OR ALTER THE COVERA E ORKiT9 "E BELOW. jNSURED eattle,WA 98101 441.6300 INSURERS AFFORDING COVE E c NAIC# INSURERA, Employers Fire Insurance Co y 20648 Parametrlx,Inc. INSURER B. XL S ecialt �lt�s p rance Go a y 37885 P.O.Box 460 I y ENSURER C: r- Sumner,WA 98390 INSURER D. DER I14SURER 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 MAY PERTAIN,THE INSURANCE AFFORDED 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 R D0' POLICY EFFEGTtVE POLICY EXPIRATION TR N. TYPE OF INSURANCE POLICY NUMBER DATE MM1DD DATE MW0DfYY LIMITS XA GENERAL LIABILITY 7100215050000 11101/07 11/01108 EACH OCCURRENCE $1000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE ENTED TO R n $1,000,000 CLAIMS MADE a OCCUR MED EXP(Any one person) A0,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPrOP AGG s2,000,000 POLICY a PRO- X LOC AUTOMOBILE LIABILITY 7100215050000 11/01/07 11101108 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ JA EXCESSIUMBRELLA LIABILITY 7100215050000 11/01/07 11/01108 EACH OCCURRENCE $40 00fl 000 X OCCUR CLAIMS MADE Does Not Apply AGGREGATE $10 000,000 To Professional $ DEDUCTIBLE Liability $ RETENTION $ $ WORKERS COMPENSATION AND 7100215050000 11/01/07 11/01/08 WCSTATUS OTH- ORYR A EMPLOYERS'LIABILITY WA Stop Gap Only EL EACH ACCIDENT $1,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICLRIMEMBEREXCLUDED> EL DISEASE-EAEMPLOYEt $1,000,000 If yes,describe under flOfl flfl0 v SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT $1, g OTHER Professional DPR9609232 11101/07 11/01/08 $5,000,000 per claim Liability $5,000,000 annl aggr. f CLAIMS MADE ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 55-1843-021 -Landfill Probe Restoration, City of Kent,WA. Certificate holder is Additional Insured and coverage is primary and non-contributory s respects General Liability per attached endorsement. 1 ERTIFICATE HOLDER CANCELLATION *10 days notice of cancellation for nonpayment of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent, Engineering DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN Attn: Nancy Yoshitake NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 400 West Gowe IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES, AUTHORIZED REPRESENTATIVE CORD 25(2001/08)1 of 2 #M232301 6CMJU o ACORD CORPORATION 19 37 (9) Any person or organization if the "products-completed operations hazara"is excluded either by the pro- visions of the Coverage Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container,entering into,accompanying or containing such products. ADDITIONAL INSURED—CONTRACT,AGREEMENT OR PERMIT a. Section 11 w Who Is An Insured is amended to include as an additional insured any person(s) or organiza- tion(s) with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for "bodily injury", "properly dam- age"or"personal and advertising injury"caused,in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: I. In the performance of"your work"for the additional insured(s) at the location designated in the contract, agreement or permit; or 2. In the maintenance, operation or use of equipment leased to you by such person(s) or organization(s), or 3. In connection with premises you own, rent, lease or occupy. This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract, agreement or permit. b. The insurance provided to the additional insured herein is limited.This insurance does not apply: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy; and (b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property dam- age",or"personal and advertising injury"; 2. To any person or organization included as an insured under the Additional Insured - Broad Form Ven- dors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. To any person or organization if the "bodily injury", "property damage", or"personal and advertising in- jury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or (b) Supervisory, inspection,architectural or engineering activities. 5. To any: (a) Lessor of equipment after the equipment lease expires; or (b) Owners or other interests from whom land has been leased;or (c) Managers or lessors of premises if: (1) The"occurrence"takes place after you cease to be a tenant in that premises; or (2) The"bodily injury" "property damage", "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the man- ager or lessor. 6. To"bodily in jury, or"property damage"occurring after: (a) All work on the project (other than service, maintenance or repairs) to be performed by or on be- half of the additional insured at the site of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in per- forming operations for a principal as part of the same project. c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; Page 2 of 7 Includes copyrighted material of Insurance Services Office,Inc. VGG 206 02 05 Copyright 2004,OneBeacon insurance Group AC RDTM CERTIFICATE OF LIABILITY INSURANCE 38DATE 110-19-zoo7� ODI3CER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION U 1709647 RSIINORTHWEST/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P: (866) 467-8730 F: (877) 905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pr BOX 33015 INSURERS AFFOR G, S . ANTONIO TX 78265 INSURED INSURER A:The Hartford Ins Group INSURER B: } t 2 HUY- PARAMETRIX INC INSURERC: PO BOX 460 INSURER D• a vim,_ r SUMNER WA 98390 INSURER E: 1 I1; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS iNSR I POLICY fDD 7YVE I Yl POLICY DATE IMMPIDDlT1rY} ON LTR TYPE OF INSURANCE LIMITS Tt i POLICY NUMBER DATEAMM GENERAL LIABILITY EACH OCCURRENCE I S COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) S CLAIMS MADE L_j OCCUR !MED EXP(Any one parson) S PERSONAL&ADV INJURY S _ I GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG POLICY PRO- JECT LOC _ AUTOMOBILE LIABILITY i I COMBINED SINGLE LIMIT } $ ANY AUTO (Ea accrdant) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) — PROPERTY DAMAGE (Per accident) $ j GARAGE LIABILITY AUTO ONLY-EA ACCIDENT I S OTHER THAN ACC ANY AUTO EA $ �� AUTO ONLY: AGG 1$ EXCESS LIABILITY_ j EACH OCCURRENCE $ OCCUR �J CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION S $ W C STATU- jj OTH-1 qE ORKEflS COMPENSATION AND I X TORY LIMITS E ER `, EMPLOYERS' LIABILITY 52 WEC PE 9 2 9 0 11/01/0 7 41/01/0 8 EL EACH ACCIDENT Isl, 0 0 0 , 0 0 0 i E L DISEASE-EA EMPLOYEE $1 r 0 0 0 , 0 0 0 , EL DISEASE-POLICY LIMIT I $1 0 0 0 1 _0.0��0_ }}} OTHER tDE�RIPTION OF OPERATIONS;LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORMIENTISPECIAL PROVISIONS Tose usual to the Insured' s Operations . I _ CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION 1SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE (EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL CITY OF KENT/ ATTN: NANCY 45 DAYS WRITTEN NOTICE(10 DAYS FOR NON-PAYMENT)TO THE CERTIFICATE SHITAKE 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 1-20 4TH AVENUE S REPRESENTATIVES j KENT, WA 9 8 0 3 2-5 8 9 5 A DRI D RE ESEN ATI dr ACORD 25-S (7197) '�'ACORD CORPORATION 1988 t Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 6H 1. SUBJECT: TRAFFIC SIGNAL EASEMENT FOR WEST JAMES STREET IMPROVEMENT - ACCEPT 2. SUMMARY STATEMENT: Accept the traffic signal easement from King County for the West James Street Improvements, upon terms and conditions acceptable to the City Attorney and the Public Works Director. A traffic signal will be installed at the intersection of West James Street and the Events Center/King County Regional Justice Center driveways. Due to insufficient space, the City is requesting an easement from King County. 3. EXHIBITS: Public Works Memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? Currently in the Budget? Yes N/A No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: 41 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KENT Fax: 253-856-6500 W AS H I "_GT ON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: April 18, 2008 TO: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: May 5, 2008 FROM: Ken Langholz, Engineering Supervisor THROUGH: Larry Blanchard, Public Works Director SUBJECT: Traffic Signal Easement for the West James Street Improvements Motion: Move to accept the traffic signal easement from King County for the West James Street Improvements, upon concurrence of the language therein by the City Attorney and the Public Works Director. Background: A traffic signal will be installed at the intersection of West James Street and the Events Center/King County Regional Justice Center driveways. There is not sufficient space to install the traffic signal system on the south side of the street within existing right-of-way and therefore an easement is required from King County. u \pwcommittee\actionpage\2008\050508trafficesignaleasementwjamesstre¢t doc 42 FILED FOR RECORD AT REQUEST AFTER RECORDING RETURN TO: King County Real Estate Services Section 500 Fourth Avenue, Room 500 Seattle, WA 98104 Reference No: Grantor: King County, Washington Grantee: City of Kent Abbreviated Legal Description: Additional Legal Description is on Exhibit A of Document Tax ID No: 2422049028 TRAFFIC SIGNAL EASEMENT THIS TRAFFIC SIGNAL EASEMENT by and between King County, a political subdivision of the State of Washington, hereinafter called the GRANTOR, and the City of Kent, a municipal corporation, hereinafter called the GRANTEE. Grantor, is the owner of certain real property known as the King County Regional Justice Center and legally described in Exhibit A ("Property"): Refer to Exhibit "A," (description of the Property), attached and made a part hereto. 1. DEED FOR EASEMENT. Grantor, for and in consideration of mutual benefits to the parties and the public and other good and valuable consideration, receipt of which is acknowledged, grants to Grantee, its successors or assigns, a non-exclusive perpetual Traffic Signal Easement for installing, maintaining and operating traffic signals on the real property described in Exhibit B to facilitate traffic ingress and egress from the Property, as follows ("Easement Area"): I� Refer to Exhibit"B" attached and made a part hereto. ■ The Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve and remove traffic signals (`Improvements") on the Easement Area for the benefit of the Grantee, Grantor and the public. Such systems include, but are not limited to: Above ground traffic signals, support poles, controller, underground foundations TRAFFIC SIGNAL EASEMENT - Page 1 of 4 (December 21, 2007) (Between City of Kent and King County Re: 41h Avenue - Kent Events Center) 43 and electrical signal wiring. Upon execution of this Easement, Grantee and Grantor shall be subject to, and comply with, the following terms: 2 CONSTRUCTION AND MAINTENANCE. The Improvements shall be constructed and maintained in good repair by the Grantee at its sole cost and expense. 3 INDEMNITY AND HOLD HARMLESS. Grantee agrees for itself, its successors and assigns to defend, indemnify and hold harmless Grantor, its appointed and elected officials and employees from and against liability for all claims, demands, suits and judgments including costs of defense thereof for injury to persons, death, or property damage which is caused by or arises out of Grantee's negligent exercise of rights and privileges granted by this easement. Grantor agrees for itself, its successors and assigns to defend, indemnify and hold harmless Grantee, its appointed and elected officials and employees from and against all liability for all claims, demands, suits and judgments including costs of defense thereof for injury to persons, death, or property damage which is caused by or arises out of Grantor's negligent control of or other negligent activities upon the Easement Area. For purposes of this indemnity provision, Grantee and Grantor by mutual negotiation, hereby waive any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 of the Revised Code of Washington. In the event it is determined that RCW 4.24.115 applies to this agreement, the Grantee agrees to defend, hold harmless and indemnify Grantor to the maximum extent permitted therunder. 4. GRANTOR USE OF EASEMENT AREA.Grantor reserves the right to use the easement area for purposes not inconsistent with the rights herein granted,provided,that the Grantor shall not construct or maintain any building,structures or other objects on the easement area that will interfere with the Grantee ability to operate and maintain their improvements and Grantor shall do no blasting within 300 feet of the Grantee's facilities without the Grantee's consent. 5. GRANTEE'S USE LIMITATION. The Grantee use shall be limited to the utility improvements installed as a result of this grant.Any additional improvement will require a new easement or that this easement be amended. 6. SUCCESSORS and ASSIGNS: The Grantee may not assign this easement or any rights acquired under it, other than to a subsidiary, affiliate or parent company of Grantee, without the prior written consent of the Grantor, which consent shall not be unreasonably withheld. All terms and conditions of this easement are binding upon the heirs, successors and assigns of the Grantee, and all privileges and obligations of the Grantee apply to its heirs, successors and assigns as if they were specifically mentioned wherever the Grantee is mentioned. 7. NON-EXCLUSIVE EASEMENT: This easement is not exclusive. It does not prohibit Grantor from granting other easements of a similar nature or easements for public or private utilities in, under, over, and across any County property provided that the easement does not interfere with the Grantee's ability to operate and maintain the Improvements within the Easement Area. TRAFFIC SIGNAL EASEMENT — Page 2 of 4 (December 21, 2007) (Between City of Kent and King County Re: 4t" Avenue — Kent Events Center) 44 8. RESTORATION AFTER INSTALLATION: Grantee shall restore, to the extent reasonably practicable, the landscaping or other surfaces or portions of the Easement Area to the condition it was in immediately prior to such work, unless said work is at the express request of Grantor, in which case Grantor shall be responsible for restoration. All restoration, which is the responsibility of Grantee, shall be performed as soon as reasonably possible following completion of any work, and shall be coordinated with Grantor so as to cause the minimum amount of disruption to Grantor's use of the Easement Area. 9. TERMINATION AND ABANDONMENT: This Traffic Signal Easement will terminate in the event: 1) the Grantee abandons the easement, or 2) the Grantor provides the Grantee with sixty (60) days notice that it no longer needs the Improvements for the purposes expressed in this document, or by subsequent agreement between the Grantor and Grantee. Upon deactivation of Grantee's Improvements located on the Easement Area, this Traffic Signal Easement shall absolutely cease and any improvements remaining on the premises shall revert to or otherwise become the property of Grantor. Upon termination, the Grantee will surrender possession of the Easement Area to the Grantor and title to the easement premises will remain in the Grantor, its successors or assigns, free of all claims of the Grantee. 10. OTHER APPLICABLE LAWS: Grantee will comply with all federal, state, county and local laws; and, will assume all costs, expenses and responsibility in connection with compliance without any liability on the part of the Grantor. Venue for resolution of any dispute under this Easement Agreement shall be in Superior Court for King County or such adjacent county as is designated for lawsuits against King County by the Washington State Code Revisor, 11. EFFECTIVE DATE. This Easement shall be effective on the date it is executed by the last party so executing. 12. COVENANT. This Traffic Easement shall be a covenant running with the land and shall be binding on the Grantor's and Grantees successors, heirs, and assigns. GRANTOR KING COUNTY, WASHINGTON APPROVED AS TO FORM: Wayne Richardson, Manager Prosecuting Attorney 1 Real Estate Services Section DATED: DATED: GRANTEE CITY OF KENT, WASHINGTON APPROVED AS TO FORM: Suzette Cooke, Mayor TRAFFIC SIGNAL EASEMENT - Page 3 of 4 (December 21, 2007) (Between City of Kent and King County Re: 4th Avenue - Kent Events Center) 45 STATE OF WASHINGTON ) ss, COUNTY OF KING ) I hereby certify that on the day of , 2008, I know or have satisfactory evidence that Wayne Richardson, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the King County Executive, as its Manager of the Real Estate Services Section of the Facilities Management Division of the Department of Executive Services of King County, Washington, and such execution to be the free and voluntary act of such party-for the uses and purposes mentioned in the foregoing instrument, -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official sea[ the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) . ss. COUNTY OF KING ) I hereby certify that on the day of 2008, I know or have satisfactory evidence that SUZETTE COOKE is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires F P•\Civii\Flies\openFlfes\1071\KC-TrafficSIgnoMasement.doc TRAFFIC SIGNAL EASEMENT - Page 4 of 4 (December 21, 2007) (Between City of Kent and King County Re: 4t" Avenue -- Kent Events Center) 46 Permanent Signal Easement TL 2422049028 That portion of the northeast quarter of the northwest quarter of Section 24, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the north quarter corner of said Section 24, from which point the northwest section corner bears N88°25'06"W 2614.09 feet distant; thence S00°53'21"W, along the north south center of section line of said Section 24, a distance of 60.13 feet to the southerly margin of West James Street; thence N88°33'52"W, along said south margin, 72.00 feet to the TRUE POINT OF BEGINNING of the herein described tract of land; thence continuing N88°33'52"W, along said south margin, 85 00 feet; thence S01 026'08"W 5 00 feet; thence S88°33'52"E 85.00 feet; thence N01 026'08"E 5.00 feet to the TRUE POINT OF BEGINNING. VIA 1 S 19 r� 47 S.W. SEC. 13 T. 22 N R. 04 E z a � v z .r TITLE NO, J 1322049015 CITY OF KENT NEW R/W 11.487 SO FT NEW R/W SM'2VG6`E ,f i� � Q i 33' ROAD DEED 5660746 11/5/63 M f3+Oq ! W. JAMES STRJ I EXISTING R/W -----------—SIGNAL EASEMENT 4-25 S4 FT U) 2422049028 KING COUNTY I N.W. SEC. 24 T. 22 N R. 04 E GESIGNEp: CHECKED KENT PROJECT NO SCALE ON BAR IS ONE INCH 07-3025 City 0 NORI; ORIGINAL ORAV11hGPublic t� ORA14r� AAOJECT E40R, CONST,MGMT,REVIEW ADJUST SCALESL 11hA1G`J1JC1Ck VERT; ACCORDiNCLY111,�- REVISION 9Y DATE APPROVED: CITY ENGINEER DATc �)11110eC1I w..x�xorox f Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 6I 1. SUBJECT: EMERGENCY RESOLUTION TO KENT COMPREHENSIVE PLAN, DRAINAGE MASTER PLAN AND COMPREHENSIVE WATER SYSTEM PLAN - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. regarding amendment of the Capital Facilities Element of the City's Comprehensive Plan related to adoption of the Comprehensive Water System Plan and Drainage Master Plan, and declaring an emergency to adopt the amendment. The City limits amendments to the Comprehensive Plan to once each year except when certain circumstances arise, such as emergency amendments. The Comprehensive Water System Plan will be adopted to guide the City in providing reliable, safe drinking water throughout the City's water service area, and to meet the fire, life safety, and commercial/industrial demands of the City's water customers. Similarly, the Drainage Master Plan provides the foundation for protection of the City's stormwater system infrastructure, flood protection for homes and businesses, water quality protection, and habitat improvements. ' Consideration of an amendment to the Capital Facilities Element related to the adoption of these two Plans involves issues of community-wide significance that promote the public health, safety, and general welfare of the City of Kent, which constitutes an emergency authorizing a comprehensive plan amendment outside of the annual amendment process. 3. EXHIBITS: 4/25/08 Memo to Public Works Committee and Resolution 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: 49 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 • Fax: 253-856-6500 KENT WASH NGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 25, 2008 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: May 5, 2008 From: Mike Mactutis, P.E., Environmental Engineering Manager Mark Howlett, P.E., Design Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Emergency Resolution to the Kent Comprehensive Plan Motion: �I Recommend authorization for the Mayor to sign the Emergency Resolution to amend the City of Kent Comprehensive Plan for the Drainage Master Plan and Comprehensive Water System Plan, upon concurrence of the language therein by the City Attorney and Public Works Director. Background: The Drainage Master Plan is a comprehensive review of all watersheds within the City limits. The plan includes hydrologic and hydraulic analysis of major stormwater conveyance pipes and streams, determination of areas of infrastructure replacement and/or improvement, alternatives to correct drainage problems, and projected costs estimates and requirements of the National Pollutant Discharge Elimination System Phase II permit. The plan will also include stream, wetland, flood protection, critical areas protection and improvement projects to benefit wildlife, water quality and aesthetic value to City. The Comprehensive Water System Plan is the framework for updating the City's water supply, storage and delivery systems. The plan includes system improvements and maintenance. The Washington State Department of Health requires updates to the City's Comprehensive Water System Plan every six years. The last update was in 2002. The City of Kent staff and their consultants are working toward completing the Drainage Master Plan for Council Approval in August 2008. At this time, a substantial portion of identifying the project workload, mandated program needs, and current Level of Service has been established along with a draft of the Drainage Master Plan. City staff are working toward completion of the Comprehensive Water System Plan in anticipation of Council approval this summer/fall. A draft of the Comprehensive Water System Plan is tentatively scheduled for completion at the end of May 2008. u IPIVConme111eelA,t—,Pag,1050508E,,,—, ,v2esnha tof,-,CamIWI—do, RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to comprehensive planning; updating the City's Comprehensive Water System Plan and Drainage Master Plan; amending the Capital Facilities Element of the City's Comprehensive Plan related to the adoption of the Comprehensive Water System Plan and Drainage Master Plan; and, declaring an emergency for the adoption of the Comprehensive Plan Amendment. RECITALS I. Drainage Master Plan 1.1 The Drainage Master Plan (DMP), when integrated into the City's Comprehensive Plan, will serve as the City's blueprint for long-range stormwater, flood protection, and drainage planning. The Capital Facilities Element of the City's Comprehensive Plan provides the foundation, guidance, and a list of capital improvements for the storm drainage systems within the City. 1.2 The City's DMP update process began in the summer of 2007 with the City Council's approval of a contract for consultant services. The City formed and worked with a citizen's task force to gain information in developing the DMP. In addition, the City engaged the general public through open house meetings and a comment generating process to 1 Capital Facilities Element Amendment - Emergency. Drainage Master Plan, Comprehensive Water System Program provide a variety of meaningful forums for communication with the City regarding the DMP. Through its committee meetings, the Council has been informed of stormwater issues, project priorities, funding options, and drainage utility fees. As a culmination of this process, the Council will be addressing the adoption of a DMP and amendments to the Capital Facilities Element to integrate the DMP into the Comprehensive Plan. II. Comprehensive Water System Plan 2.1 The Comprehensive Water System Plan (CWSP), when integrated into the City's Comprehensive Plan, will serve as the City's blueprint for long-range acquisition, storage, and delivery of potable water to meet the fire, life safety, and commercial/industrial demands of City water customers. The Capital Facilities Element of the City's Comprehensive Plan provides the foundation, guidance, and a list of capital improvements for the water system within the City's water service area. 2.2 The City's CWSP update began in the winter of 2007 with the , City Council's approval of a contract for consultant services. The Washington State Department of Health requires an update of the City's CWSP every six (6) years, and the last adopted update was published in 2002. The completed CWSP will be submitted to the Department of Health for final approval following Council adoption of the document. The Council will be addressing the adoption of a CWSP and amendments to the Capital Facilities Element to integrate the CWSP into the Comprehensive Plan. III. Emergency 3.1 The Growth Management Act ("GMA") requires the City to 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), 2 Capital Facilities Element Amendment - Emergency: Drainage Master Plan, Comprehensive Water System Program which allows 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). 3.2 The City Council finds that consideration of the proposed DMP amendments to the Capital Facilities Element of the Comprehensive Plan address the needs of the City regarding the mandatory National Pollutant Discharge Elimination System Phase 2 Permit, protection of stormwater system infrastructure, flood protection for homes and businesses, water quality protection, and habitat improvements. These are issues of community-wide significance that promote the public health, safety, and general welfare of the City of Kent. 3.3 The City Council finds that consideration of the proposed CWSP amendments to the Capital Facilities Element of the Comprehensive Plan address the needs of the City with respect to Department of Health requirements for updating the CWSP; and incorporate capital improvements that provide reliable, safe drinking water throughout the City's water service area to meet the fire, life safety, and commercial/industrial demands of City's water customers. These are issues of community-wide significance that promote 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 I. - Recitals. The foregoing recitals are incorporated by this reference. 3 Capital Facilities Element Amendment - Emergency: Drainage Master Plan, Comprehensive Water System Program SECTION 2. - Process and Direction. The City shall proceed with consideration of the Drainage Master Plan (DMP) and Comprehensive Water System Plan (CWSP) amendments 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 Capital Facilities Element related to adoption of a CWSP and DMP are issues of community- wide significance that promote 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 these revisions to the comprehensive plans outside the annual amendment process in KCC 12.02.030. 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. SECTIONS. - 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. 4 Capital Facilities Element Amendment - Emergency: Drainage Master Plan, Comprehensive Water System Program PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of May, 2008. CONCURRED in by the Mayor of the City of Kent this day of May, 2008. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of May, 2008. BRENDA JACOBER, CITY CLERK P\Gull\Resolution\GmergencyResolutwnDrai nag ePlan WatarPlan DOC 5 Capita/Facilities Element Amendment - Emergency: Drainage Master Plan, Comprehensive Water System Program Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 61 1. SUBJECT: MCSORLEY CREEK WETLAND PROPERTY ACQUISITION APPLICATION RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. � `J which authorizes application to the Recreation and Conservation Office for funds to aid in financing the acquisition costs of the McSorley Creek Wetland area properties. Each year Parks staff typically pursues funding for land acquisition for future park development through the Recreation and Conservation Office. This year, Public Works staff would also like to submit a grant application to help fund its purchase of parcels within the McSorley Creek Wetland area. Part of the grant application requires submittal of a council resolution authorizing the application, commitment of funds to cover the City's portion if funds are awarded, and acknowledgement that any property acquired by grant funds will be retained by the City in perpetuity. 3. EXHIBITS: 5/5/08 memo to the Public Works Committee; Resolution; and Site map 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 1 DISCUSSION: ACTION: r 57 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: May 5, 2008 To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: May 5, 2008 From: Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Resolution for Application to the Recreation and Conservation Office (RCO, the state agency formerly known as IAC) for McSorley Creek Wetland Property Acquisition — Authorize Adoption) Motion: Move to recommend the City Council adopt the proposed resolution authorizing the application to the Recreation and Conservation Office for funds to aid in financing the acquisition costs of the McSorley Creek Wetland area properties. Summary: Staff is pursuing funding for acquisition for 7 parcels totaling 40.58 acres located within the 79-acre McSorley Creek Wetland complex. McSorley Creek Wetland is bounded generally by Pacific Highway to the west, I-5 to the east, S. 272"d Street to the south and S. 2591" Place to the north. The forested wetlands contained on these parcels are some of the highest quality and most pristine wetlands remaining within the City of Kent. Staff is requesting authorization to submit the grant application to the RCO Washington Wildlife and Recreation Program to fund purchase of these parcels within the McSorley Creek Wetland complex. Exhibits: Resolution Budget Impact: If awarded, revenue account numbers and expense account numbers will be assigned. V IPIVC tieelAt....Pngel'loc RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing application to the Recreation and Conservation Office for state funding assistance for a Washington Wildlife and Recreation Program project as provided in Ch. 79A.15 RCW, Acquisition of Habitat Conservation and Outdoor Recreation Lands. RECITALS A. The City of Kent has approved a comprehensive plan that includes the McSorley Creek wetland area acquisition project. B. Under the provisions of the Washington Wildlife and Recreation Program provided for in Ch. 79A.15 RCW, state funding assistance has been requested to aid in financing the acquisition costs of the McSorley Creek wetland area properties. C. The City of Kent considers it in the best public interest to complete the land acquisition described in its Recreation and Conservation Office Application Number 08-1315 A in order to acquire properties in the McSorely Creek wetland area. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Recreation & Conservation Office - McSorley Creek Wetland Acquisition RESOLUTION SECTION 1. - Application. The Cit 's Public Works Director is �o Y authorized to make formal application to the state Recreation and Conservation Office for funding assistance. SECTION 2. - Use of Funds. Any funding assistance received will be used for the implementation of the project referenced above and described in the application, which is the acquisition of the McSorley Creek wetland area properties. SECTION 3. - City Funds. The City of Kent has applied for an additional grant to cover its share of project funding. The City of Kent certifies that its share of project funding will be derived from King County Conservation Futures Funds, if such funds are awarded to the City of Kent, or other fund sources that which may arise in the application phase of the grant funding process. SECTION 4. - Non-Cash Commitments. The City of Kent acknowledges that it is responsible for supporting all non-cash commitments to the sponsor share should they not materialize. SECTION S. - Use Retained in PeL-petuity. The City of Kent acknowledges that any property acquired or facility developed with Recreation and Conservation Funding Board (RCFB) financial aid must be placed in use for the funded purpose and be retained in such use in perpetuity unless otherwise provided and agreed to by the City of Kent and RCFB. SECTION 6. - Resolution - Part of Application. This resolution becomes part of the City's formal application to the state Recreation and Conservation Office. 2 Recreation & Conservation Office - McSorley Creek Wetland Acquisition SECTION 7. - Public Comment. The City of Kent provided appropriate opportunity for public comment on this application at a Public Works Committee public meeting on May 5, 2008. SECTIONS. - 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 May, 2008. CONCURRED in by the Mayor of the City of Kent this day of May, 2008. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of May, 2008. BRENDA JACOBER, CITY CLERK P\Civil\Resolution\RCO-McSo rl eyCree kWetla ndAcq wsi tic n doc 3 Recreation & Conservation Office - McSorley Creek Wetland Acquisition A 4 Elf- cr Ai co "'k wl T17 3 Tv, A,! IVA ZE 4 7; 4-1 LL CD 7o Ni4l kn 40 CD A,, v�Ax ILO J I ITS CU S'A 70 I ,ova iW� A�Z (n C) 4Y 0 IL L_ lit 14 CT :3 LLJ C: c od (1) o If I e IL A"A co 41, -46 65 McSorley Creek Wetland #08-1315 - Location Map s.�gay�'� n'j' 1, °1, ,y." Y,i,: �u.ty�a�} ,�. u + stf• '-" s K "" �. '°` r'Lt�' �'',v x °. .. 3r {•�'� +� ' � A �f'�'i4 f-_ '''"r 7r°1'�'�3? is c * 1 R�r �,x'Fe"i r 4 '�� �. 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SUBJECT: BILL OF SALE, CANTERBURY WEST SHORT PLAT - ACCEPT ' 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Canterbury West Short Plat for 611 linear feet of sanitary sewer, 5 sanitary sewer manholes, 113 linear feet of streets, 143 linear feet of storm sewer line, 1 manhole, 2 catch basins. The project is located at 12437 SE 264th Street. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: CITY OF KENT APR 2 8 2008 ENGINEERING KENT W A S H I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4'AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Canterbury West/K1VA(#2o62062 1 LOCATION: 12437 SE 264`h Street TAX ACCT NO: 282205-9027,9189 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of 20 08 ,by and between Jacob Homes, LLc hereinafter called"Grantors", and City of Kent, a municipal corporation of King County, State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration, does hereby grant,bargain, sell to Grantee the following described improvements: A. WATERMA1NS: together with a total of gate valves at$ each, hydrants at$ each and/or any other appurtenances thereto. ON FROM TO (street, esmt, etc) Including linear feet at$ per LF of (size & type) waterline. B. SANITARY SEWERS: Together with a total of 5 manholes at $2,200 each and/or any other appurtenances thereto. 1 of 4 Bill of Sale 11579.020.doo ON FROM TO Tract`A' 127Ave. SE Lot 5 Including 162 linear feet at$30.00 per LF of 8"PVC sewer line. ON FROM TO Private Easement Tract`A' East Property Boundary Including 261 linear feet at$30.00 per LF of 8"PVC sewer line. ON FROM TO Private Easement South end Lot 1 North end Lot 1 Including 123 linear feet at$30.00 per LF of 8"PVC sewer line. ON FROM TO Tract`C' North end Lot I Mid point Tract`C' Including 65 linear feet at$30.00 per LF of 8"PVC sewer line. C. STR ,TS: Together with curbs, gutters, sidewalks, and/or any other appurtenances thereto. ON FROM TO 124"'Ave. SE STA 9+09 STA 10+22 Including 113 centerline LF at$ 166.81 per LF of Arterial streets, ±42 Feet asphalt roadway. D. STORM SEWERS: Together with a total of 1 Type 11-48" manholes at$1 800 each, a total of 2 Type I catch basins at$900.00 each, 0 LF of biofiltration swale or drainage ditch with a total cost of$0 0 CF of detention pond storage with a total cost of$0 , and/or any other appurtenances thereto. ON FROM TO 124`'Ave. SE STA 8+28 STA 10+22 Including 94 linear feet at$34.00 per LF of 18"PVC sewer line. Including 45 linear feet at$22.00 per LF of 12"PVC sewer line. Including 4 linear feet at$40.00 per LF of 12"DI sewer line. 2 of 4 Bill of Sale 11579.020.doe To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the saute is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this c day of A Y ,20 c t, _ 3 of 4 Bill of Sale 11579M0 doo STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this 5 4(` day of v� ,20 S,' ,before me,the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn,Personally appeared —rc)(d j Ci-C,0,b_to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of ca; ° 20 01 ,wN ��0 /�o Nota y ;�9ashington, c in and for the IOTA A��y'ti,,� i State of residing at 11, G / �j�N:AI q���I9�qr T My Commission Expires: � �r�r ljcop W A The Bill of Sale is given and accepted pursuant to a motion duly made, seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of ,20 4 of 4 Bill of Sale 11579.020.doe ADDENDUM TO BILL OF SALE CITY OF ICENT Tire figures used on the Bill of Sale for Canterbury West project dated 4-24-08 ,were based on the "As-Built" Engineering Plans dated 4-23-08 ,for the same said Canterbury Project. West ro'ect. Don E.Dawes the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Bat'ehausen Consulting Engineers,lric. , the firm responsible for the preparation of the "As-Built" Engineering Drawings. Signature aa009 �ir7iF1:4 4/151 U(6 5 of 4 Bill of Sale 11 579 020 doe Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 61- 1. SUBJECT: BILL OF SALE, FREESTONE PLAZA - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Freestone Plaza for 519 linear feet of watermain, 6 gate valves, and 3 hydrants. The project is located at 18015 - 71st Avenue South. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: )� r KENT WASH IN G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4xr AVENUE SOUTH KENT,WASHINGTON 98032 PROTECT: Freestone Plaza LOCATION: 18015-71st Avenue South TAX ACCT NO: 3585290020 BILL OF SALE CITY OF KENT KING COUNTY,WASIHNGTON THIS INSTRUMENT made this day of 20 , by and between HARE Development,LLC , hereinafter called "Grantors",and City of Kent,a municipal corporation of King County, State of Washington, hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain, sell to Grantee the following described improvements: A. WATERMAINS: together with a total of 6 gate valves at$800.00 each, 3 hydrants at S_ 2,600.00 each and/or any other appurtenances thereto. ON FROM TO Building `A' Site S.W. 43 d Street Marriott Towne Suites (South 181"Street) Including 519 linear feet at$ 30 per LF of 8-inch (size&type) ductile iron waterline. B. SANITARY EWERS: Together with a total of 0 manholes at $ each and/or any other appurtenances thereto. 1 of Bill of Sale 12115,022.doc ON FROM TO (street, esmt, etc) Including 0 linear feet at$ per LF of (size&type) sewer line. C. S IM : Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON FROM TO (street, esmt,etc) Including 4 centerline LF at$ per LF of (type) streets, Feet asphalt roadway. A STORM SEWERS: Together with a total of 0 manholes at$ each or a total of catch basins at$ each, LF of biofiltration Swale or drainage ditch with a total cost of$ CF of detention pond storage with a total cost of$ , and/or any other appurtenances thereto. ON FROM TO , (street, esuit,etc) Including 0 linear feet at$ per LF of (size&type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances;that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN'WITNESS WHEREOF,,the undersigned has caused this instrument to be executed on this�day of �' �- vS ,20. 2 of Sill of Sale 12115.022.doc STATE OF WASHINGTON } ) SS COUNTY OF KING rr�} } On this C'�V'� day of Ce,6 i-ItA,� ,20 l}c ,before me,the undersigned A Notary Public in a d fqr the State o Washington,duly commissioned and sworn,Personally appeared � .5 /,t.r �f to we known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 otary Publi and for the State of Washington,residing at My Commission Expires; The Bill of Sale is given and accepted pursuant to a motion duly made,seconded, and passed by the City Council of the City of Kent,King County,Washington,on the day of , 20 3 of 4 Bill of Sale 12115.022,doc ADDENDUM TO BILL OF SALE CITY OF KENT The figures used on the Bill of Sale for Freestone Plaza project dated January 4, 2007 , were based on the"As-Built"Engineering Plans dated February 11, 2008 , for the same said Freestone.Plaza project. Hal P. Grubb the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers, Inc. ,the firm responsible for the preparation of the"As-Built" Engineering Drawings, Signature 4 of 4 Bill of Sale 12115.022.doc Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 6M 1 1. SUBJECT: BILL OF SALE, HIGHLAND ESTATES SOUTH - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Highland Estates South for 793 linear feet of sanitary sewer, 7 sanitary sewer manholes, 607 centerline linear feet of streets, 1364 linear feet of storm sewer line, 3 manholes, 15 catch basins, and 42,000 cubic feet of detention pond storage. This project is located at the intersection of 124th Avenue SE and SE 263rd Streets. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 1 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Bill of Sale Page 1 of 3 KILNT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4"'AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT:Highland Estates South LOCATION:mt.124th Ave SE/SE 263rd St TAX ACCT NO: 282205-9015 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of t 20 ©7 by and between hereinafter called"Grantors",and City of Kcnt,a municipal corporation of King County,State of Washington,herinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WAIERMAINS: N/A=>WD III together with a total of gate valves at$ each, hydrants at$ each and/or any other Iappurtenances thereto. ON FROM TO (street,esmt,etc) Including linear feet at$ per LF of (size&type) waterline. B. SANITARY SEWERS:RS: Together with a total of 7 manholes at $ 2800 each and I or any other appurtenances thereto. ON FROM TO (street,esunt,etc) Including 793 linear feet at S 30 per LF of 8" (size&type) PVC sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON 123RD AVE SE/SE 262ND COURT FROM TO (street,esmt,etc) Including 607 centerline LF at$ 200 per LF of residential (type)streets, 28 Feet asphalt roadway. D. STORM SEWERS: Together with a total of 3 manholes at$ 2800 each or a total of 15 catch basins at$ 850 each, 0 LF of biofitration Swale or drainage ditch with a total cost of$ 0 42,000 Page 1 of Bill of Sale Bill of Sale Page 2 of 3 CF of detention pond storage with a total cost of$ 90,000 ,and/or any other appurtenances thereto. ON FROM TO (street,csmt,etc) Including 1364 linear feet at$ 28 per LF of 12" (size&type) PVC storm sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the same is free from all encumbrances;that all bills for labor and material have been paid;that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this { STATE OF WASMNGTON ) SS COUNTY OF HING ) On this a 3r� day of j/a a r ,20 [yj ,before me,the undersigned A Notary Public in and for the State of ashington,duly commissioned and sworn,Personally appeared,-fm_rlc Z�/ `� �Gy�y��I l n to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day ofV& 1Z 20-T. Notary Public in and for the •"U = State of Washington,residing at ♦ _r'}. _ '/titl e��`� My Commission Expires; STATE OF WASHINGTON ) )SS COUNTY OF DING ) On this day of ,20 ,before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared and to me known to be the and respectively of the that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said _for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. Page 2 of 3 Bill of Sale Bill of Sale Page 3 of 3 Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of ,20 Page 3 of 3 Bill of Sale KENT WASHINGTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for Highland Estates South project dated 3/01/2006 ,were based on the"As-Built" Engineering Plans dated 2/20/2007 , for the same said Highland Estates South project. Shupe Holmberg the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Baima &Holmberg ,the firm responsible for the preparation of the"As-Built"Engineering Drawings. j Signatur e, rc,,,;�"! 1 Qf vwA.S}fir a 11332 Q CXPIi7Eg Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 6N 1. SUBJECT: BILL OF SALE, RIVER'S EDGE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for River's Edge for 1 gate valve, 1 hydrant. The project is located at 19400-58th Place South. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) IS. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: KENT W A S H I N G T O N MAIL TO: ENGINEERING DEPARTNIENT ATTN: Ozzie Carrasauilla 220 4'AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: River's 130e LOCATION: 19400 58"'Place S. TAX ACCT NO: 788880-0170 BILL OF SALE CITY OF KENT DING COUNTY, WASHINGTON THIS INSTRUMENT made this 1 6 t` day of-Da 2009 ,by and between s hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,sloes hereby grant,bargain,sell to Grantee the following described improvements: A. WATERMA NS: together with a total of. I gate valves at$900.00 each, I hydrants at$2,600.00 each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc)58'''Place S.220' south of Rivers Edge North Property Line Including - linear feet at$ per LF of (size & type) waterline. B. SANITARY SEWERS: Together with a total of manholes at $ each and/or any other appurtenances thereto. I of 4 Bill of Sale 12756.007,doc ON FROM TO (street, emit,etc) Including - linear feet at$ per LF of (size& type) sewer line. C. S-TBEETS: Together with curbs,gutters,sidewalks, and I or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including centerline LF at$ per LF of (type)streets, Feet asphalt roadway. D. STORM SEWERS: Together with a total of manholes at$ each or a total of catch basins at$ each, LF of biotiltration swale or drainage ditch with a total cost of$ , CF of detention pond storage with a total cost of$ ,and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including linear feet at$ per LF of (size & type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WIIEREOF,the undersigned has caused this instrument to be executed on this day of J .�o ,20 a,5- 2 of 4 Bill of Sale 12756.007.doc STATE OF WASHINGTON ) ) SS COUNTY OF KING / ) On this f day of _ - �1� ,20 Q --, before one,the undersigned A Notary Public in_and for the State/of Washi gton,duly commissioned and sworn,Personally appeared 1�� to me known to be the individual described in and who executed th foregom2 instrument,and acknowledged to me that ►e she signed and sealed this instrument a its er free and voluntary act and deed for the uses and purposes therein mentioned, GIVEN under my hand and official sea]this day of W120 U SIJZI SCIAINi Notary/`Public in nd for the Notary Public Stat�of Washington,residing at State of Washington My Commission Expires February 22, 2010 /O My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded, and passed by the City Council of the City of Kent,King County,Washington,on the day of ,20 3 of 4 BiII of Sale I2756.007,doc ADDENDUM TO BILL OF SALE CITY OF KENT The figures used on the Bill of Sale for River's Edge project dated 6-15-07 , were based on the "As-Built"Engineering Plans dated 1-13-08 ,for the same said River's EdE project. Ali Sadr the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Bar hausen Consulting Engineers,lne. the firm responsible for the preparation of the"As-Built"Engineering Drawings. l of Signature 4of4 Bill of Sale 12756.007.doe j Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 60 1. SUBJECT: EAST HILL DATA CENTER DESIGN CONSULTING SERVICE AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a contract with ISMS, Inc. for design services rendered in support of the East Hill Data Center, for an amount not to exceed $49,000 (plus expenses). 3. EXHIBITS: Information Technology Director's Memo 4. RECOMMENDED BY: Operations Committee 5/6/08 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: INFORMATION TECHNOLOGY DEPARTMENT Mike Carrington, Director Phone: 253-856-4607 K E N T Fax: 253-856-4700 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 6, 2008 TO: Kent City Council — Operations Committee FROM: Mike Carrington, Information Technology Director SUBJECT: Kent East Hill Data Center Design Consulting Services MOTION: Move to recommend Council authorize Mayor Cooke to sign a contract with ISMS, Inc. for design services rendered in support of the East Hill Data Center, for an amount not to exceed $49,000 (plus expenses). SUMMARY: In conjunction with the Public Works Department and their East Hill Shops capital facilities project, ISMS, Inc. under the direct supervision of IT will design and specify requirements for a data center occupying approximately 2000 square feet of that project's Administrative building footprint. The City's current data center is located in City Hall on the second floor. In the event of a natural or man-made disaster, and because the current data center is considered to be in a high risk location within the valley, IT has partnered with Public Works to establish a new location at the proposed East Hill Shops facility. This will enable IT to move the City's critical computer processing and business system infrastructure to a location above the existing valley floor and flood zones. This move also enables Kent to enhance its ability to operate basic life and safety functions during an emergency and/or disaster. Moving equipment and operations to higher ground improves the likelihood of maintaining seamless business continuity and disaster recovery communication channels. It also improves the ability for our critical business systems to remain functional or at a minimum be brought back to basic operations in the least amount of time. ISMS, Inc. will provide data center physical design services that are determined by the IT Department to be appropriate for meeting our current and future needs. BUDGET IMPACT: Funding for related services is outlined in the 2008 Technology Plan. Pending formal approval by Council of the Tech Plan in June, existing funds from the 2007 Interim Tech Plan will be transferred to this project. EXHIBITS: Attached i� 6 INFORMATION SYSTEMS MANAGEMENT SOLUTIONS,INC I SM& NAB [ ING T H F N FW FCONOMY Data Center Design Proposal for The City of Kent, WA Mike Carrington IT Director City of Kent 220 Fourth Ave South Kent, WA 98032 Pho: 253-856-4607 email: MCarrington@ci.kent.wa.us March 18, 2008 TABLE OF CONTENTS Introduction........................................................................................................................................... 3 AboutData Center Design ................................................................................................................... 3 TheISMS Approach......................................................................................................................... 3 Scope of Work & Deliverables for this Proposal .................................................................................. 4 Included In This Scope Of Work...................................................................................................... 4 Excluded From This Scope Of Work............................................................................................... 4 TheProcess........................................................................................................................................... 5 BasicSteps....................................................................................................................................... 5 FeeProposal ......................................................................................................................................... 5 ContractFees .................................................................................................................................. 5 Timeand Materials Billing ............................................................................................................... 5 HourlyFee Schedule ....................................................................................................................... 5 Expenses.......................................................................................................................................... 6 PaymentTerms ................................................................................................................................ 6 Schedule .......................................................................................................................................... 6 ClosingRemarks.............................................................................................................................. 6 Sample Data Center Design (Conceptual-For Reference Only)........................................................... 7 Letterof Engagement .......................................................................................................................... 8 , City of Kent,WA Data Center Design Proposal 2 March 13,2008 INTRODUCTION ABOUT DATA CENTER DESIGN Kent,WA has begun a new initiative to improve communca- There are a number of issues regarding data center design that bons networking throughout the City Part of this initiative are important and worth noting involves the design and construction of a new data center facil- ity This data center is required to support all present network Data center design is about conceptualization,expandability scalabiltty,long term growth,operations,maintenance,eimer- communications as well as be expandable to accept any new network Initiatives such as a potential future Fiber-to-the-Home gencies,personnel,customer support,distribution of services, initiative and deployment In order to facilitate the design of the customer expectations,and much more ISMS takes all these data center and ensure Its expandability and performance,Kent, topics into consideration when completing a comprehensive data WA has asked Information Systems Management Solutions,Inc center design (ISMS)to provide design assistance for this facility as outlined in A data center is,in most cases,only one of four interconnected this proposal facilities We understand that an architectural firm has already been • The Data Center network switching,routing,k retained by the City of Kent for the data center building design services equipment,data storage,SRN's,sewers,test ISMS has been asked to provide interior design specifications equipment,etc and required drawings to the City's arclutect for the Data Center portion of the building • The NOC (Network Operations Center) operations area from which technical support people operate k configure the network and is normally the location for field support customer service personnel a • The Head End the technical facility where all i ncom- Ing scr«ces are aggregated onto the network,such as Internet access,video services,VoIP phones,personal PC's,etc THE ISMS APPROACH = ISMS firmly believes that a careful,considered,and comprehen- slue up-front data center design,along with all technical support facilities,is the least expensive and most effective way to ensure ?! long term,reliable service from the facility A comprehensive data center design must start by determining where these three facilities are located and how they are inter- a connected In many designs,all three are located within the same I facility,even within the same physical space In other designs, the NOC,for example,may be located in a completely different location from the data center,etc ISMS begins a data center _ design by first determining the answers to these questions based on client preferences,operational issues,support personnel,etc Once those decisions have been made,ISMS can proceed with a comprehensive design of the data center,including support facilities such as maintenance&testing,storage,staging,etc City of Kent,WA Data Center Design Proposal 3 ivlarch 18,2003 SCOPE OF WORK & DELIVERABLES FOR • Ceiling specifications THIS PROPOSAL • Wiring pathway specifications,cabling troughs,and installation specifications ISMS will provide a data center physical design to the City of • Maintenance area specifications Kent that is appropriate to meet the current and future needs of the City,including the following specific details These details • Storage area specifications will be provided to the City's chosen building architect as text specifications and to-scale drawings as appropriate for the arch-1- • Plumbing requirements design(if any are required) tect's inclusion in the overall building constriction drawing set • Interior equipment rack layouts and specifications including cooling,grounding,mounting,assembly,elec- # C L D D E D IN THIS SCOPE OF WORK trical requirement,etc • All facility furniture requirements,in addition to equip- • Conceptual Scope of the Data Center including location ment racks,including such items as stationary and and interconnection of Date Center,NOC,and Head- portable work surfaces,cabinets,tables,seating,test End benches,etc • Consideration of any LEED Certification initiatives that • All conduit and access placements and specifications the City wishes to pursue for this building • Specifications for ingress and egress from the facility to • Support facilities to be included in the design will be outside services maintenance,staging,storage,and any facilities visitor considerations • All required on-site meetings with Kent IT personnel and architects to complete the data center design • Description of technology,hardware,and equipment types to be located witlnn the data center,both initially • All deliverables including written specifications,draw- and future rags,documents,photographs,samples,and any other items required to ensure the accurate and complete • Interior floor plans and physical layout drawings transfer of information to the building architectural firm • Interior acoustical surface treatments specifications and/or contractors • Interior lighting design and specifications if theNf C mcl lfcaci Ctidi art to is l[Occl to(Ii ,ao,,c l,h,,, • Computer flooring design and specifications(if raised f,,ria irrcf rlcsrri�;rtlirii this sr��fx �}jivrFitz }i��u1�;�i�e r;r rrinir flooring is to be used) f)c rcnjotc1) l')'lho I'SklI 11111 7i-cn'idc an ti{)clatc t0 th2r ,,coo Of • HVAC and humidity specifications,potential heat lud r"�F);eq,r r� of e fa'c" r net ar �"a' loads from all sources,and thermal patterns,including all requirements for HVAC including air flow,cooling EXCLUDED R O m THIS SCOPE OF WORK capacities,and emergency backup The following items are specifically excluded from the Scope of • Electrical supply requirements including filtered power,lighting, Work outlined in this proposal ISMS is happy to provide sub- mg,surge,and noise protection,and grounding sequent proposals for any or all of the excluded items at a future specifications date at the request of the City. • DC equipment power requirements and specifications • Completion of any RFP's or RFQ's for the construction including a complete DC power design(if DC power is and installation of the data center and/or associated to be utilized) facilities • Backup power requirements to support technical sys- • On-site construction or technical installation services tems,including coohng and minimum lighting • Detailed electronic and network systems design(this • Specifications for security and facility access control proposal covers only the physical and environmental de- • Specifications for facility monitoring,such as fire,water sign of the data center The electronic network systems incursion,thermal monitoring,power fluctuation mom- destgn is the subject of a separate proposal toring,etc • On-site construction oversight and/or protect manage- • Specifications for fire suppression methodology and ment over and above the required site visits to ensure design accurate design implementation City of Kent,WA Data Center Design Proposal 4 March 18,2008 is THE RO SS FEE PROPOSAL ISMS executives and staff have many years of data center,as Kent,WA agrees to provide ISMS with all requested inforina- well as other technical facility design expertise and experience tion on a timely basis If not provided,additional charges may be Comprehensive data center design is a process of malang a set of incurred for ISMS to research or procure required information decisions,followed by another set of decisions,etc Each set of externally decisions must be made with enough experience and expertise to facilitate the next set of decisions that must be made,etc The CONTRACT E E S design process requires extensive experience and broad expertise in multiple disciplines to ensure a successful design (Specific ISMS design skill sets and personnel resumes will be provided ISMS will complete the scope of work as outlined in this pro- ISMS design posal for a contract fee of • $48,937 00 (plus expenses) BASIC T E P 5 The contract fee is based on completing the scope of work within 6 months of engagement if the scope of work requires longer 1 Required initial meeting with City staff and than 6 months to complete,d Lie to delays by the City, ISMS designated architect to review general data center reserves the option to negotiate in good faith,a fair adjustment to principals,facility locations,building size and other the ISMS fees based on the additional amount of time required to restrictions,environmental and construction issues, complete the scope of work and action items 2 ISMS will then provide a preliminary conceptual _ iME AND MATERIALS $iLLINO drawing to the City and architect for approval along with a time-line of required decisions and milestones (FOR ADDITIONAL SERVICES OUTSIDE THE 3 Once conceptual design is approved,ISMS will SCOPE OF- THIS PROPOSAL) complete all appropriate drawings and specifica- tions tiC .s t]OI]S to be provided to the City architect ` Nit,r (In (l(fCl�d '�i�-�iti;.'��C;A�� tii'��iriCit-���5�`(511t"if;',_cof)')Yf:i_IJ',; _SCYC 4 ISMS will review first draft architectural drawings �, �_,,,,,,_,_+ .,j,rp ctrlijf�.�n-f� and provide any necessary comments or clardzca- tion with regards to the data center design HOURLY FEE SCHEDULE 5 On-site visits will be made by ISMS personnel as required to ensure strict adherence to design This hourly fee structure will remain valid through June 30,2008 drawings and specifications by all construction and Should the ISMS hourly fee schedule increase after 06/30/08, installation contractors ISMS willprovide a minimum of 30 clays advance notice before any such increase takes effect Support -Clerical,Staff Support,Basic Web Research,Data Collection&Entry,Documentation,etc,involving task oriented work by trained and quahficd personnel • Hourly Rate-$ 40 00 per hour(plus expenses) Drafting/CAD —Drafting Services,Drawings,CAD • Hourly Date-.$ 60 00 per hour(plus expenses) Project Coordinator —In-house project coordination, handling paperwork,workflow,scheduhng,billing releases,and client support • Hourly Rate- $ 75 00 per hour(phis expenses) �1 City of Kent,WA Data Center Design Proposal 5 March 18,2008 Project Manager—On-site and in-house project manage- PAYMENT TE R m s ment,slalled and experienced in problem resolution,on-site work reviews,on-site instructions and directions,etc An initial 5011/o deposit of the contract fee is due simultaneously • Hourly Rate- $ 110 00 per hour(plus expenses) with the completion of the Letter of Engagement and before work begins Designer/Senior Project Manager—Executive level ISMS services covered under this proposal are billed at the end project management by an individual skilled and experienced of each month based on work completed and is due and payable in complete network&t communications utility design,deploy- Net 15 clays from date of invoice The initial deposit amount is ment,construction,operations,scheduling,and client support applied to the final ISMS invoices upon completion of the scope • Hourly Rate-$ 150 00 per hour(plus expenses) of work Principal—A founder or principal of ISMS applying their Expenses are billed every two weeks and are due and payable advanced vision,technical expertise,and industry leadership to Net 15 days from date of invoice accelerate the project imperatives,create partnerships,provide Late fees of 1-1/21)/o per month will be added on any outstanding options,and design business models invoice balance which has not paid by the due date • Hourly Rate-$ 250 00 per hour(plus expenses) ISMS will issue a project termination letter at the end of the As a matter of policy,ISMS utilizes the most economical catego- project to inform you that the project has been completed and no ry of personnel for each portion of the project task based on the further work will be clone under tins proposal requirements of that task The charges for our work are based on the actual time spent and SCHEDULE calculated at our hourly rates,rounded up to the nearest 1/2 hour Completion of the scope of work,after receipt of letter of engage- interval ment and deposit payment,is anticipated to be approximately Travel time to and from the development location,when re- 90-120 days quired,is billed at one-half the normal hourly/daily rate, 'i71s)�r��(h�Suleo,r�resC�{}€t(n'S�f ��r IrfC>>SIlCt�Ct! CLOSING REMARKS EXPENSES ISMS is very grateful for the opportunity to be of service to Kent, WA You will receive the ISMS staffs highest priority and atten- tion ' Otrh �lC,Zc�iEtOffC{�Cti�7Clltt:�t1EC�{r"!'t'€dC��?(,(h'��iIL7C�litfj0([s�t� �t�errt��rrei�rfl b}e�otr'���sccl��wra ,1?1zI)tz,nrdIS�NI ol ISMS can begin work immediately upon receipt of the signed Letter of Engagement(enclosed in this proposal)and deposit rar( payment All direct expenses incurred specifically on behalf of our clients Our very best regards, will be billed additionally at the actual amount incurred No handling surcb arges are added to expenses r Billable client expenses include the following Travel Expenses Postage and Freight W James Hettrick Outside Architectural Fees(if my) Chairman Plan Submittal Fees(if any) Pining,Computer Discs,etc (if any) Authorized Purchases Directly for the Client '`" ` Communications Expense Bob Todrank (over and above normal telephone,e-mail,&fax) Executive Vice President City of Kent,WA Data Center Design Proposal 6 March 18,2008 SAMPLE DATA CENTER DESIGN (CONCEPTUAL-FOR REFERENCEONLY) The following artist rendering is provided as a conceptualizatLon of what a data center right look like with an Integrated NOC in the upper right corner Every data center design is unique and must fit the requirements of each individual situation ull C ]I�P I-A 100 d y V City of I<cnt,WA Data Cenccr Design Proposal 7 '[vlarch 18,2008 1� LETTER OF ENGAGEMENT This Letter of Engagement("LOE or Agreement")is made and entered into effective this day of ,2008 by and between the City of Kent,WA with offices at 220 Fourth Ave South,Kent,WA 98032("CLIENT")and Information Systems Management Solutions,Inc with offices at 300 East State Street,Suite 470,Redlands,CA 92373("ISMS") RECITALS The parties agree as follows A. Both parties have react and agreed to the scope of work,fee schedule,and payment terms as presented in the Data Center Design Proposal to Kent,WA elated March 18,2008 of which this LOE is a part B. ISMS agrees to make all reasonable efforts to ensure the best possible project results for the CLIENT C. ISMS agrees to keep reports,records,research,tine-sheets,and other documentation pertinent to this LOE confidential and to make them available to the CLIENT via secure access to the ISMS web site,by the e-mailing of electronic files,or both methods as requested by the CLIENT D. The CLIENT has the ultimate responsibility for outhniug the necessary and expected outcomes of this Agreement ISMS has the responsibili- ty of providing timely and accurate information,communications,and results in fulfilling the established objectives and tasks of this agreement This responsibility includes the maintenance of adequate records and internal controls and the safeguarding of accomplished tasks This engagement can- not be relied upon to disclose every potential problem in the relationship,however,both parties agree to notify each other innmedhately if any such matters come to their attention Both parties have confidence that the relationship between ISMS and CLIENT will greatly benefit both parties E. The CLIENT agrees that all records,documentation,and information in its possession pertinent to this agreement will be made available to ISMS,and ISMS agrees to make all relevant records,documentation,conmlumcations and information pertinent to this agreement available to CLI- ENT Both parties agree that all material information will be disclosed to one another and that ISMS will have the full cooperation of the CLIENT's personnel,under direction of its Principal,for the efficient and effective completion of the requested services E ISMS will provide proof of comprehensive liability and automotive insurance,with the CLIENT named as additional insured if requested G. Both parties agree to respect the proprietary and confidential information of the other and shall take all reasonable steps to ensure that the proprietary and confidential information of the other remains confidential and does not pass into the public domain It is agreed that no detailed in- formation regarding the project being completed under this agreement will be shared outside the two parties unless both parties agree in advance to the release of such information It is also agreed that ISMS may post a notice of this relationship and agreement on their web site and provide notice to other potential clients that ISMS has a current contractual agreement with CLIENT H. Unforeseen circumstances may arise which require either part to modify their efforts or withdraw from taus LOE To nnitigate the effects of such circumstances,the reasons for modification or withdrawal will be communicated clearly to the other party Both parties agree to work in good faith to avoid any decay or premature termination in the relationship I. Additional Exhibits or Addendum to this TOE which may be required from time to time shall be signed by both parties and shall be incorpo- rated into this LOE by reference J. This LOE shall remain in effect until terminated by either party with 30 days written notice Upon notice of termination,the parties will review all work in progress and jointly determine what,if any,work in progress is to be completed before termination becomes effective All such designated work shall be completed by ISMS as quickly as reasonably possible and the effective date of termination shall be the completion date of said work Invoices for all ISMS work completed prior to the effective date of termination shall be clue and payable by CLIENT K. The parties are independent organizations and nothing shall be construed which would place the parties in the relationship of partners or joint venturers Neither party shall have the power to obligate or bind the other in any manner whatsoever,and neither is authorized to,nor shall, act as the agent of the other,except for the express purpose of carrying out the obligations required under this Agreement L. In no event will either party be liable to the other for any lost profits,lost savings,or any other incidental,special,or consequential damages, even if such party has been advised of the possibility of such damages,arising out of or in connection with this Agreement M. Each party shall be Tree to bring all differences of interpretation and disputes arising in connection with this Agreement to the attention of the other party at any time without prejudicing their harmonious relationship,and the offices and facilities of either party shall be available at all tines for the prompt and effective resolution of any and all such differences,either by mail,e-mail,telephone,or personal meeting under friendly and courteous circumstances N. The parties shall mediate any dispute or claim arising between them out of this Agreement or any resulting transaction before resorting to court action Mediation is a process by which parties attempt to resolve a dispute or claim by submitting it to an impartial,neutral mediator,who is agreed upon by the parties and authorized to facilitate the resolution of the dispute,but who is not empowered to impose a settlement on the parties Mediation fees,if any,shall be divided equally between the parties Evidence of anything said,any admission made,and any documents City of Kent,WA Data Center Design Proposal 8 March 18,2008 14 prepared,in the course of the mediation shall not be adnussible m evidence,or subject to discovery,in any court action pursuant to Evidence Code Section 1152 5 Except for a petition for a temporary restraining order based on a reasonable claim of nreparable harm,if any party hereto commences a court action without first attempting to resolve the matter through mediation,then that party hereby waives the right to and shall not be entitled w recover attorney's fees,even if they would otherwise be available to that party O. Any waiver of a term or covenant of this Agreement shall be effective only in the specific instance and for the specific purpose and shall be stated in writing The failure of either party at any time to require performance of any provision hereof shall in no manner affect the rights at a later time to enforce the same No waiver by either party of the breach of any term or covenant contained in this Agreement shall be deemed to be a con- tinuing waiver of any such breach of any other term or covenant contained in this Agreement P. Any provision of this Agreement which is found to be unenforceable under any law in any jurisdiction in which this Agreement is effective shall be deemed severable and not a part of this Agreement and to that extent void in the relevant jurisdiction However,all remaining provisions of this Agreement shall be valid and in full force and effect,and the parties shall negotiate in good faith a replacement provision which effects,insofar as possible the original intent of the parties with respect to the subject matter of the severed provision Q. This Agreement shall be governed by and construed under the laws of the State of California in the United States of America,without regard to choice of laws and conflict of laws rules In any litigation arising out of any dispute between the parties concerning this Agreement,venue shall be the federal and state courts situated in Los Angeles County,California,and each of the parties hereby expressly consents,accepts and submits to the jurisdiction of said courts R. In the event either party is prevented from performing or is tunable to perform any of its obligations wider this Agreement due to fire,floods, state of war,governmental regulation,national emergency,strikes,lockouts,labor troubles,failure of public utilities,injunctions,or any other event beyond the reasonable control of the party affected,the affected party shall give notice promptly to the other party in writing and,thereupon,the affected patty's non-performance shall be excused for the period of delay or inability due to such Force Majeurc,but not for more than one(1)year S. This Agreement is the result of arms-length negotratinn by experienced and knowledgeable parties wherein each party is represented by legal counsel,and the language herein shall not be strictly construed against either party T. Each of the parties to this Agreement has performed its own clue diligence obligations with regard to the subject matter hereof,and except as expressly provided herein,each of the parties shall be solely responsible for its own conduct,and nothing herein shall otherwise cause either party to be answerable for any conduct of the other hereunder U. Each of the parties to this Agreement shall bear all costs and expenses incidental to such party's performance of its obligations under this Agreement and shall be solely responsible for the acts,salaries and expenses of its employees V. The parties shall take any further actions,and shall make,execute,and deliver any Further written instruments,that may reasonably be i e- quired to carry out the intent of the parties as expressed herein,and to innplement the purposes,and give force and effect to the terms and conditions of this Agreement W. This Agreement may be amended,modified,or superseded,and the terms or covenants hereof may be waived,only by a written instrument executed by the parties,or in the case of a waiver,by the party waiving compliance If the above terms are acceptable to Kent and the services outlined are in accordance with your understanding,please sign two copies of this LOE and return them to ISMS as soon as possible ISMS will then sign and return one executed copy for Kent's records ISMS is pleased to have tIns opportunity to serve the Kent,WA and trusts chat tlic association between ISMS and Bent will continue to be a pleas- ant,informative,useful,and profitable one For both parties IN WITNESS WHEREOF,the parties hereto have caused this LOE to he executed,effective as of the Effective Date first written above City Of Kent,WA Information Systems Management Solutions,Inc Py By Name Name Title Title City of Kent,WA Data Center Design Proposal 9 -March 1S,2008 INFORMATION SYSTEMS MANAGEMENT SOLUTIONS,INC TSMS.—F:P Fl I�— i 1 k N I nv Fin v1)rl r 300 East State Street,Suite 470 1 Redlands,CA 92373 Phone 909 307 9888 Fax 909 363 8089 info@is-ins com Kent City Council Meeting Date May 20, 2008 ' Category Consent Calendar - 6P 1. SUBJECT: MICROSOFT ENTERPRISE LICENSE AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a purchase order for a Microsoft Enterprise License Agreement for three (3) years, in an amount not to exceed $650,000. The City has a number of Microsoft software products deployed throughout desktops and servers. Under this request, the City would sign a 3-year Enterprise License agreement with Microsoft to save 6% on software licensing that we already intend (and are budgeted) to purchase in the next 3 years. By entering a 3-year Enterprise License Agreement, the city would save at least 6% (or $39,000) over the price of that same software purchased without the agreement in place through next 3-year period (and substantially greater than 1 6% savings in following years). The Enterprise License Agreement also provides the benefit of Microsoft Software Assurance, an upgrade plan that provides Enterprise Agreement Customers the ability to move to the next major versions of licensed products at no cost. Software Assurance allows the IT Department to continue to meet its strategic goals of providing current, supported software products at the best possible cost. 3. EXHIBITS: Microsoft Enterprise License Agreement Estimate P 9 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $650,000 Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: INFORMATION TECHNOLOGY 16 Michael Carrington, Director • Phone: 253-856-4600 KE�NT Fax: 253-856-4700 INFORMATION TECHNOLOGY Address: 220 Fourth Ave South Kent, Wa 98032-5895 May 6, 2008 TO: City Council Operations Committee FROM: John Humphreys, Systems Manager, Information Technology SUBJECT: Microsoft Enterprise License Agreement, 2008 MOTION: I move to recommend that the Council authorize the Mayor to sign a purchase order for a Microsoft Enterprise License Agreement for 3 years not to exceed a total commitment of $650,000. SUMMARY: The City has a number of Microsoft software products deployed throughout desktops and servers. Under this request, the city would sign a 3 year Enterprise License agreement with Microsoft to save 6% on software licensing that we already intend (and are budgeted) to purchase in the next 3 yea rs. By entering a 3 year Enterprise License Agreement, the city would save at least 6% (or $39,000) over the price of that same software purchased without the agreement in place through next 3 year period (and substantially greater than 6% savings in following years). The Enterprise License Agreement also provides the benefit of Microsoft Software Assurance, an upgrade plan that provides Enterprise Agreement Customers the ability to move to the next major versions of licensed products at no cost. Software Assurance allows the IT Department to continue to meet its strategic goals of providing current, supported software products at the best possible cost. EXHIBITS: Microsoft Enterprise License Agreement 2008 BUDGET IMPACT: Operating & Tech Plan (within current overall IT budget allocation). 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W d L L Q � Ln Q �^ 4� u I w °c° Q o a Z a c +°� 3 °J °% v o � a� c -0 n Ln u a CL v '- M N u L- Ql CO Ln Ln m vL-. lll ++ U U @ N E O W w E E c E - d Lz � v x a O E 0 0 > Lu d > Ln O O F- Lu 0 L- O p O O O O O O O O O O O O O O U Ln Ln Ln cn Ln Ln Ln Ln v) Ln Ln Ln Ln Ln Ln f0 b O N O O O O O O O O O O O O O O L. L. L L L L L L L L L L m ,� N 2 Ln F Fes- m 1 Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 60 1. SUBJECT: FEDERAL LEGISLATIVE CONSULTANT CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the VanNess Feldman Agreement in the amount not to exceed $70,000, and ratifying all acts consistent with the terms of the agreement for the year 2008. VanNess Feldman, Attorneys at law, will be providing the City of Kent federal representation with a particular emphasis on the Washington State Congressional delegation. 3. EXHIBITS: Consultant Agreement and memo from Ben Wolters 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: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ECONOMIC DEVELOPMENT • Ben Wolters KEN T Phone: 253-856-5703 _wA S H I N GT O_N Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 6, 2008 TO: Kent City Council Operations Committee FROM: Ben Wolters, Economic Development Director THROUGH: Staff SUBJECT: VanNess Feldman, Attorneys at law, Federal Lobbyist Agreement MOTION: Recommend Council to authorize the Mayor to sign the Consultant Services Agreement with VanNess Feldman, Attorneys at Law representing the City of Kent as our Federal Lobbyist, not to exceed $70,000, subject to final terms and conditions acceptable to the City Attorney." SUMMARY: The agreement with VanNess Feldman, Attorneys at law will be providing the City of Kent Federal representation with a particular emphasis on the Washington State Congressional delegation. This contract with VanNess Feldman, Attorneys at law will not exceed $70,000. The expenses incurred will be split between Economic Development and Public Works Department. VanNess will provide representation for funding for next years reauthorization of the Federal Transportation Reauthorization bill and the yearly discretionary appropriations bills for key grade separation and other transportation projects for Kent. Continued policy support for replacing the Green River levee system and a reasonable interim flood zone and flood insurance program. Also Federal funding and regulatory policy support for the Green/Duwamish Rivers Ecosystem Restoration and to restore Human Service and Community Development block grant funding and other federal opportunities and issues as they arise. If you have any questions prior to the meeting, please call Ben Wolters, 856- 5703. EXHIBITS: Attached BUDGET IMPACT: Yes • KENT W A S H I N G T G N CONSULTANT SERVICES AGREEMENT between the City of Kent and Van Ness Feldman, a Professional Corporation THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Van Ness, a Professional Corporation, organized under the laws of the State of Washington DC, located and doing business at 1050 Thomas Jefferson Street N.W., Washington D.C., 20007-3877, (202) 298-1956 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide federal legislative representation to the City of Kent, with particular emphasis on the Washington State congressional delegation, as further described in Consultant's work program attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region 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 beginning on April 1, 2008 and ending on December 31, 2008. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy Thousand Dollars and no/100 for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 I only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The 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, including all appeals, 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 I� 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. I. Counterparts. This Agreement may be executed in any number of counterparts, ' each of which shall constitute an original, and all of which will together constitute this one Agreement. 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) DATE: DATE: CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Ben McMakin Ben Wolters, Economic Development Director VanNess Feldman City of Kent 1050 Thomas Jefferson St., N.W. 220 Fourth Avenue South Washington, D.C. 20007-3877 Kent, WA 98032 (202) 298-1800 (telephone) (253) 856-5703 (telephone) (202) 338-2716 (facsimile) (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department CONSULTANT SERVICES AGREEMENT - 5 (Over$1 0,000) 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 A, all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Work Program Van Ness Feldman (Firm) agrees to provide federal representation to the City of Kent (City), beginrnng on April 1, 2008 to December 31s`, 2008. Van Ness Feldman will provide the City with comprehensive federal representation and will work with the Mayor, City Council and City departments to develop and implement both a short tei7n and long range federal relations strategy in support of City projects, policies, and programs that are influenced or supported by federal policies and funding. Toward this end, Van Ness Feldman will implement the following work plan on behalf of the City of Kent: • Work with the City's federal relations manager, city departments, mayor, and city council on developing and implementing a strategy to secure federal funding and policy support for the following key federal relations priorities in 2008 and beyond: 1. Funding from next year's reauthorization of the Federal Transportation Reauthorization Bill and through the yearly discretionary appropriations bills for key grade separations and other significant transportation project priorities for Kent. 2. Funding and policy support for replacing the Green River levee system in Kent, adoption of a reasonable interim flood zone and flood insurance program until the levee system is replaced, repaired and recertified, and support for recertification of the levee system by the federal government once repairs and replacement have been completed. 3. Continued federal finding and regulatory policy support for the Green/Duwamish Rivers Ecosystem Restoration projects and program. 4. Continued federal support for local law enforcement and crime prevention. 5. Restoring Human Service and Community Development block grant funding in support of growing human service needs in the Kent community. 6. Identify federal policies, regulatory programs and grants that can support the City of Kent's strategic goals. 7. Other federal opportunities and issues as they arise. • Coordinate and advocate for the City of Kent's appropriations requests to the Washington Congressional delegation on behalf of transportation, habitat restoration, levee repair, and other municipal priorities identified by the City • Manage relationships with key staff in the Washington congressional delegation. • Coordinate with the City of Kent visits to Washington, D.C. by City officials working on Kent's priority projects and other municipal interests. • Design and implement an outreach plan to bring Members of Congress and congressional staff to the City of Kent for further discussion and education on the needs and opportunities for federal support of the Kent communities' priorities. • Monitor legislative initiatives of interest to the City of Kent. g �' • Assist City Departments with tracking, identifying, and securing grant opportunities in support of City priorities and initiatives, including human services, open space, law enforcement, environmental and energy conservation, and others. • Provide updates, strategy development and coordination via monthly conference calls with the City of Kent staff on the progress of the work, next steps, and assignment of tasks between the lobbyist and City staff in support of the ongoing work program. These monthly calls will be supplemented by meetings and e-mail reports as needed. Ben McMakin for VanNess Feldman and Ben Wolters for the City of Kent will develop the agenda for these monthly calls in consultation with the leads of the City departments involved with the federal issues to be discussed and who will participate in those calls and meetings. Funding for Public Works' grade separation and levee replacement projects will be leading issues for the monthly calls. Ben McMakin will have primary responsibility for this representation. If necessary, he may request assistance from other professionals in the firm to provide the City with the most effective, efficient, and timely representation. Rick Agnew will provide additional support for Kent from the Firm's Seattle office. The City of Kent will pay the Firm a monthly retainer of $7,500. The retainer includes all associated costs, such as travel, printing, phone, etc, including all costs for one in person visit to Kent requiring air travel by up to two members of the Van Ness Feldman team. Additional air travel requested and required by Kent will be supplemental ' to the retainer and charged, without markup, as incurred. Van Ness Feldman understands that cities often work with significant budget constraints for this type of work and will work with the City on a work schedule that fits within the City's budget parameters and still accomplishes the work needed. Van Ness Feldman will include in its billing statements all charges and disbursements for expenses incurred specifically for its representation of the City of Kent. A detailed statement of amounts due for professional services and expenses will be provided to the City of Kent on a monthly basis. The contract will not exceed a total amount of$70,000. The City agrees to provide monthly payment within thirty days of receipt. The City of Kent consents to being listed as a Firm client on firm promotional materials. This consent includes to permitting the firm to generally describe the matters on which we have or are representing you to the extent that those matters are public knowledge. The City of Kent has the right to terminate this engagement by written notice at any time It is further agreed that after the conclusion of this contract, Van Ness Feldman will offer to return the files to the City of Kent. If Van Ness Feldman does not receive instructions as to the disposition of these files within 60 days after said offer, it is agreed that Van Ness Feldman need not retain such files for more than three (3) years, after which it may destroy all such materials that do not have intrinsic value. The City of Kent further agrees that Van Ness Feldman may retain a copy of materials in such files, at its own expense. EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. Kent City Council Meeting Date May 20, 2008 ' Category Consent Calendar - 6R 1. SUBJECT: KENT EVENTS CENTER TRAFFIC AND PARKING MANAGEMENT PLAN - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Heffron Transportation Inc. agreement in the amount not to exceed $26,000, and ratifying all acts consistent with the terms of the agreement for the year 2008. Heffron Transportation will assist the City with the preparation of the traffic and ' parking management plans for the Kent Events Center project. ' 3. EXHIBITS: Consultant Agreement and memo from Ben Wolters ' 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: 1 ECONOMIC DEVELOPMENT • Ben Wolters KEN T Phone: 253-856-5703 WA 5H_1 N G T o N_ Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 6, 2008 TO: Kent City Council Operations Committee FROM: Ben Wolters, Economic Development Director THROUGH: Staff SUBJECT: Heffron Transportation, Inc. MOTION: Recommend Council to authorize the Mayor to sign the Consultant Services Agreement with Heffron Transportation Inc., to provide consultant services, to the City of Kent for preparation of the traffic and parking management plans for the Kent Events Center project. Subject to final terms and conditions acceptable to the City Attorney." SUMMARY: The agreement with Heffron Transportation, Inc. is to assist the City with preparation of the traffic and parking management plans for the Kent Events Center project. The Kent Events Center is planned to be open in late 2008 or early 2009, and we will know that opening date by July 1st. Any parking or traffic management measures should probably be in place (or be ready to install) by November of next year. Community input is still required for some elements of the plan such as the North Park RPZ and traffic control measures along 51n Avenue. Heffron Transportation agreement will not exceed $26,000. Task 1 - Meet with North Park neighbors to discuss potential RPZ Task 2 - Work with City to implement RPZ. Task 3 - Review directional signage plan for Event Center. Task 4 - Define enforcement plan for Kent Station. Task 5 - Assist with preparing event traffic management personnel. Task 6 - Observe opening day traffic and parking and recommend improvements. If you have any questions prior to the meeting, please call Ben Wolters, 856- 5703. EXHIBITS: Attached BUDGET IMPACT: Yes KENT W A S H I N G T G N CONSULTANT SERVICES AGREEMENT between the City of Kent and ' Heffron Transportation, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Heffron Transportation, Inc. organized under the laws of the State of Washington, located and doing business at 6544 NE 615t Street, Seattle, WA 98115, (206) 523-3939 (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: Assist the City of Kent with it's preparation of the traffic and parking management plans for the Kent Events Center project, in accordance with Consultant's April 9, 2008, Proposal attached and incorporated as Attachment A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region 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 Twenty-Six Thousand Dollars and no/100 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 attached Attachment 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 CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Attachment C attached and incorporated by this reference. CONSULTANT SERVICES AGREEMENT -- 2 (Over $10,000) 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, including all appeals, 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 CONSULTANT SERVICES AGREEMENT -- 3 (Over $10,000) 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. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 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) DATE. DATE. CONSULTANT SERVICES AGREEMENT -- 4 (Over $10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Marni C. Heffron, P.E., P.T.O.E Ben Wolters, Economic Development Director 6544 NE 615t Street City of Kent Seattle, WA 98115 220 Fourth Avenue South Kent, WA 98032 (206) 523-3939(telephone) (206) 523-4949 (facsimile) (253) 856-5703 (telephone) 1 (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department 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: t 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 Attachment A Tro n KENT EVENT CENTER Proposal for Traffic and Parking Management Plan Assistance Scope of Work We have estimated the following work tasks based on our past work on this project Heffron Transportation would work with City staff to perform the needed conununity outreach and to finalize details about the Event Traffic and Parking Management Plan. Task 1 —Meet with North Park neighbors to discuss potential RPZ. We will attend up to three meetings with the North Park neighborhood to discuss the potential residential parking zone (RPZ) for that neighborhood. If the neighborhood is interested in the program, we will work with them to develop the program implementation details (e.g ,how vehicles would be permitted, number of permits per household, guest-permit process, and renewal terms). Task 2—Work with City to implement RPZ.Based on the outcome of Task 1, we will work with City staff to determine how the program will be implemented. This could include working with City staff to draft ordinance language to establish the program and allow City police or parking enforcement officers to ticket offenders. Task 3 —Review directional signage plan for Event Center. We will work with City staff(or a design consultant)to review the signage plan directing motorists to the Event Center and remote parking lots. This would include reviewing the text and location of the signs. Task 4—Define enforcement plan for Kent Station.If needed, we will meet with the owners and managers of Kent Station to determine how best to discourage event attendees from parking at Kent Station This will also include meeting with City staff to discuss available options with which the City can assist. Task 5—Assist with preparing event traffic management personnel.In the months leading up to die facility's opening day, we will attend up to three meetings with City staff to discuss event traffic control. These meetings should include ti affic and police staff who may be involved in directing (or overseeing) traffic control. This task would include joint(City and Heffron Transportation staff)preparation of traffic control maps for various levels of attendance that show the location of control personnel, tuna prohibitions,barricades, and other features Task 6—Observe opening day traffic and parking and recommend improvements.We have budgeted to have up to two staff available in the field on opening day to observe operations and recommend improvements (perhaps in real time). Information from these observations and recommendations can be cycled back into the event management plan to improve overall operations for subsequent events APrrl 9, 2008 Attachment B KENT EVENT CENTER Proposal for Traffic and Parking Management Plan Assistance Budget Estimate The following table presents our estimated budget for the detailed scope of work presented in Attachment A above. We estimate the budget for this work to be about$24,000. All work for this project will be billed on a time-and-materials basis not to exceed the budget amount. If the project team identifies additional work tasks, we will work with you to adjust our scope and budget Table 1. Budget Estimate for Kent Event Center Traffic and Parking Management Plans Hour Estimate Senior Trans. Phase 1 —Task Principal Engineer Engineer Cost Task l —Meet with North Park Neighbors 18 0 0 Task 2—Develop RPZ implementation details 24 8 0 Task 3—Review signage plans 12 0 0 Task 4—Meet with Kent Station 12 0 0 Task 5—Assist with Enforcement Plans 32 12 0 Task 6—Observe operations and improve plans 20 10 10 Total Hours 118 30 10 Hourly Labor Rates (2008) $176 $116 $94 Labor Costs $20,768 $3480 $940 $25,188 Expenses: Tiavel and Parking $800 Total Costs $26,000 Apr719,2008 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 comlection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit I 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. ATTACHMENT C (Continued ) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VIL E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Kent City Council Meeting Date May 20, 2008 Category Consent Calendar - 6S 1. SUBJECT: PUGET SOUND ENERGY EASEMENTS FOR KENT EVENTS CENTER - AUTHORIZE r2. SUMMARY STATEMENT: Authorize the Mayor to sign two Puget Sound Energy easements to provide electrical and natural gas facilities at the Kent Events Center property, upon terms and conditions acceptable to the City Attorney. Puget Sound Energy requires easements for their facilities on the Kent Events Center property between the street and meters to serve the Kent Events Center with electrical power and natural gas. Meters will be located in the back of the building and the electrical and gas service are in James Street right-of-way. Electrical and gas lines require separate easements. The City will provide Puget Sound Energy with ten-foot-wide easements along the centerline of these facilities. 3. EXHIBITS: Easements 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: RETURN ADDRESS: Puget Sound Energy, Inc. Attn: R/W Department (I. Mai) PO Box 90868 / EST-06W Bellevue, WA 98009 NATURAL GAS EASEMENT REFERENCE #: GRANTOR: CITY OF KENT GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of SW 13-22-04 ASSESSOR'S PROPERTY TAX PARCEL: 132204-9015 THE CITY OF KENT, a Washington municipal corporation, owns the following described real property situated in Kent, King County, Washington: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EAST OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY RIGHT- OF-WAY; EXCEPT THE SOUTH 33 FEET THEREOF FOR STREET PURPOSES CONVEYED TO THE CITY OF KENT UNDER DEED RECORDED UNDER AUDITORS FILE NO. 5660747 AND LYING SOUTHEASTERLY OF THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PSH NO. 5 BY DEED RECORDED OCTOBER 22, 1965 UNDER AUDITORS FILE No. 5944140; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF KENT BY DEED RECORDED .DUNE 20, 1969 UNDER AUDITOR'S FILE NO. 6527771; AND City of Kent/Events Center 105048727/RW-065561 Page 1 of 4 EXCEPT THAT PORTION DEDICATED TO THE PUBLIC FOR RIGHT-OF- WAY AND UTILITY PURPOSES BY DEED RECORDED FEBRUARY 8, 2008 UNDER AUDITOR'S FILE No. 2008020800371. For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF KENT ("Grantor" herein) hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along, across, and through the following described real property ("Property" herein) in King County, Washington: SEE EXHIBIT "'A" ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. 1. Purpose. Grantee shall have the right to use the Exhibit A Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of natural gas. Such systems may include, but are not limited to: Underground facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. City of Kent/ Events Center 105048727/ RW-065561 Page 2 of 4 4. Indemnity. Grantee agrees to defend, indemnify and hold harmless Grantor from and against claims and liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee. Provided, however, nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others unless such others are agents of or otherwise under the control of Grantee. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of , 2008. GRANTOR: CITY OF KENT BY: ITS (Notary Acknowledgement Appears on Next Page) P\Civil\Files\Open Files\1071\PSE-GasEasement-051508 doc City of Kent/ Events Center 105048727/ RW-065561 Page 3 of 4 STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of , 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the persons who signed as of CITY OF KENT, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed and the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned; and on oath stated that was authorized to execute the said instrument on behalf of the municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington residing at My Appointment Expires: Notary seal, text and all notations must be inside 1"margins City of Kent/ Events Center 105048727/ RW-065561 Page 4 of 4 Exhibit A Puget Sound Energy Gas Easement A strip of land, 20.00 feet in width, in the southeast quarter of the southwest j quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, said strip of land having 10.00 feet on each side of the following described centerline: Commencing at the south quarter corner of said Section 13; thence N88025'06"W, along the south line of said southwest quarter, 109.96 feet; thence N01134'54"E 48.00 feet to the north margin of James Street and the TRUE POINT OF BEGINNING of the herein described centerline; thence N12006'31"W 171.06 feet; thence N00053'38"E 422.81 feet; thence N39019'43"W 31.86 feet; thence N89114'20"W 233.46 feet; thence S00°00'00"E 61.53, more or less to the northerly limit of the Kent Events Center building and the terminus of the herein described centerline. The side lines of said strip shall be extended or shortened, as required, to meet at angle points, the north margin of James Street and the northerly limit of the building. City of Kent/Events Center 105048727/RW-065561 Exhibit"A" RETURN ADDRESS: Puget Sound Energy, Inc. Attn: R/W Department (I. Mai) PO Box 90868 / EST-06W Bellevue, WA 98009 ELECTRICAL EASEMENT REFERENCE #: GRANTOR: CITY OF KENT GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of SW 13-22-04 ASSESSOR'S PROPERTY TAX PARCEL: 132204-9015 THE CITY OF KENT, a Washington municipal corporation, owns the following described real property situated in Kent, King County, Washington: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EAST OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY RIGHT- OF-WAY; EXCEPT THE SOUTH 33 FEET THEREOF FOR STREET PURPOSES CONVEYED TO THE CITY OF KENT UNDER DEED RECORDED UNDER AUDITORS FILE NO. 5660747 AND LYING SOUTHEASTERLY OF THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PSH NO. 5 BY DEED RECORDED OCTOBER 22, 1965 UNDER AUDITORS FILE No. 5944140; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF KENT BY DEED RECORDED TUNE 20, 1969 UNDER AUDITORS FILE NO. 6527771; AND City of Kent/Events Center 105048727/RW-065561 Page 1 of 4 EXCEPT THAT PORTION DEDICATED TO THE PUBLIC FOR RIGHT-OF- WAY AND UTILITY PURPOSES BY DEED RECORDED FEBRUARY 8, 2008 UNDER AUDITOR'S FILE No. 2008020800371. For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF KENT ("Grantor" herein) hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along, across, and through the following described real property ("Property" herein) in King County, Washington: SEE EXHIBIT ""A" ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. 1. Purpose. Grantee shall have the right to use the Exhibit A Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; semi-buried or ground- mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in I the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. City of Kent/ Events Center 105048727/ RW-065561 Page 2 of 4 4. Indemnity. Grantee agrees to defend, indemnify and hold harmless Grantor from and against claims and liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee. Provided, however, nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others unless such others are agents of or otherwise under the control of Grantee. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of , 2008. GRANTOR: CITY OF KENT BY: ITS (Notary Acknowledgement Appears on Next Page) City of Kent/ Events Center 105048727/ RW-065561 Page 3 of 4 M STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the persons who signed as of CITY OF KENT, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed and the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned; and on oath stated that was authorized to execute the said instrument on behalf of the municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington residing at My Appointment Expires: Notary seal, text and all notations must be inside 1"margins City of Kent/ Events Center 105048727/ RW-065561 Page 4 of 4 Exhibit A Puget Sound Energy Electrical Easement A strip of land, 20.00 feet in width, in the southeast quarter of the southwest quarter of Section 13, Township 22 North, Range 4 East, W.M., in King County, Washington, said strip of land having 10.00 feet on each side of the following described centerline: Commencing at the south quarter corner of said Section 13; thence N88025'06"W, along the south line of said southwest quarter, 468.71 feet; thence N01134'54"E 48.00 feet to the north margin of James Street and the TRUE POINT OF BEGINNING of the herein described centerline; thence N34146'56"E 10.82 feet; thence N00059'44"E 526.69 feet to a point of tangency with a 30.00 foot radius circular curve to the right; thence northeasterly, along said curve, through a central angle of 90110'15", an arc distance of 47.21 feet to a point of tangency; thence S88050'01"E 21.72 feet, more or less to the westerly limit of the Kent Events Center building and the terminus of the herein described centerline. The side lines of said strip shall be extended or shortened, as required, to meet at angle points, the north margin of James Street and the westerly limit of the building. City of Kent/Events Center 105048727/RW-065561 Exhibit"A" Kent City Council Meeting Date May 20, 2008 ICategory Consent Calendar - 6T 1. SUBJECT: APPOINTMENTS TO DRINKING DRIVER TASK FORCE - CONFIRM 1 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointments of Joyce Kroeger, Casey Cook and Diana Peters to the Kent Drinking Driving Task Force. Joyce Kroeger will replace David Malik and her appointment will expire January 1, 2012. tCasey Cook will replace Dave Durbin and her appointment will expire January 1, 2012. ' Diana Peters will replace Jennifer Hooper and her appointment will expire January 1, 2012. 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone 253-856-5700 Fax 253-856-6700 ��KW Address 220 Fourth Avenue S T Kent, WA 98032-5895 T o N DATE: May 20, 2008 TO: Debra Raplee, Council President City Council Members FROM: Suzette Cooke, Mayor RE: Drinking Driver Task Force Appointments I am requesting your approval of my appointments of Joyce Kroeger, Casey Cook and Diana Peters to the Kent Drinking Driver Task Force. Joyce Kroeger has regularly attended the DDTF meetings and continually volunteers her time assisting with various programs. Joyce represents the parent perspective and is the liaison for the Kent PTA and Kent schools. Joyce's commitment to the Task Force is admirable and it is my pleasure to appoint her to a three-year term expiring January 1, 2012. Casey Cook first came to the City's attention when staff approached IKEA about a site to conduct car seat inspections. Casey, an employee of IKEA, was eager to help out and has been instrumental in the city's securing additional funding for the program. Ms. Cook has voluntarily attended Task Force meetings over the past year and continues to commit herself to Kent assisting with programs she has belief in. I am pleased to recommend Casey for appointment to a three-year term expiring on January 1, 2011. Diana Peters is employed with the Washington State Liquor Control Board and has been assigned to the "2N area" that includes the City of Kent. Her responsibility to Kent parallels the efforts of the DDTF and, therefore, makes her an outstanding addition to the Task Force. Diana will replace Jennifer Hooper (with the WSLCB) who has moved to a different area. It is my pleasure to recommend Diana's appointment to a three-year term expiring on January 1, 2011. Thank you for your consideration and I submit these appointments for your confirmation. Kent City Council Meeting Date May 20, 2008 Category Other Business - 7A 1. SUBJECT: PROPOSED ANNEXATION RESOLUTION 2. SUMMARY STATEMENT: At the City Council workshop of May 6, 2008, City staff reviewed the latest analysis of financial and regulatory impacts of the potential annexation of the Panther Lake area. After consideration of this information, the City Council directed staff to move ahead with preliminary planning for a potential future annexation. The attached resolution outlines the next exploratory steps in the annexation process - including an interlocal agreement with King County, additional studies, and public outreach - and directs staff to complete these tasks. This resolution does not officially declare the City's notice of intent to annex the area nor fix a date for an election; that issue will come at the conclusion of the process contemplated in this resolution. 3. EXHIBITS: Cover Memo Resolution Timeline and 11- ear Annexation Budget Y 9 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? Unknown Revenue? No Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember ,��;,� moves, Councilmember 4� L�- seconds to adopt Resolution No. �' authorizing City staff to move ahead with preliminary planning, the completion of certain studies, and public outreach in preparation for a potential annexation of the Panther Lake area. DISCUSSION: ACTION: 1�� Vv f,�ti OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone: 253-856-5700 KEN T Fax: 253-856-6700 WASHINGTON DATE: May 20, 2008 TO: City Council President Debbie Raplee City Council Members FROM: Mayor Suzette Cooke fi!51 RE: Resolution Authorizing Preliminary Steps for a Potential Annexation of the Panther Lake Area At your May 6, 2008 workshop, Council gave a preliminary "thumbs up" on moving ahead with certain planning steps in preparation for a potential annexation of the Panther Lake area. This culminated nearly a year of study of the financial, land use, and service delivery impacts of annexation. The Panther Lake area is about five square miles in size and has an estimated population of 24,000. It is the largest remaining unincorporated area within Kent's Potential Annexation Area (PAA). Attached to this memorandum is a proposed resolution which would authorize and direct staff to complete specific tasks in preparation for a City Council decision to officially declare its intent to annex the area and set a date for an election. The resolution anticipates an Interlocal agreement with King County in which the County agrees to support and assist the City in the process of annexation. Other tasks include the development of a public outreach program, further planning studies, and the preparation of a timeline which outlines the steps for annexation. Also included in the City Council packet are: 1. An 11-year projected budget for the Panther Lake annexation showing its impact on the City's General Fund during and immediately following the 10- year period of State assistance funding (through SSB 6686); and, 2. A generalized timeline showing the major tasks to be accomplished in order to effectuate an annexation of Panther Lake, with a potential annexation election date of May 2009, and an effective annexation date of January 1, 2010. I recommend the City Council vote to approve this resolution so City staff can move forward with planning studies that will help the Council make informed decisions on the Panther Lake annexation. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, requesting that City staff gather information regarding the potential annexation of the Panther Lake area and present that information at a future Council meeting. RECITALS A. The Growth Management Act (GMA) establishes that cities are the primary providers of urban services and encourages cities and counties to work together to define the limits of potential annexation areas. The King County county-wide planning policies established in compliance with the GMA encourage the annexation of large urban unincorporated areas by 2012. B. The City of Kent, in conjunction with its neighboring jurisdictions and King County, has determined the limits of its Potential Annexation Area(PAA). The area known commonly by the City as the Panther Lake area (and to the County as Kent Northeast PAA) lies within the City of Kent's PAA, and the City has undertaken preliminary study of the financial, land use, and service impacts of annexation of this area to the City. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, > WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Panther Lake Annexation Area— Information Gathering RESOLUTION SECTION 1. - Information Gatherinq Regardinq the Panther Lake Annexation Area. The Kent City Council directs staff to: A. Develop an interlocal agreement between the City of Kent and King County which outlines the mutual responsibilities of both jurisdictions as they pertain to the potential annexation of the Panther Lake area. B. Develop a public outreach program for dissemination of factual information to the residents of the annexation area, as well as information for existing City residents. C. Conduct further studies of the financial, regulatory, land use, and service delivery impacts of annexation of the Panther Lake area, potentially including opinion surveys of area residents. D. Analyze and prepare a timeline that outlines the necessary steps for a potential annexation election tentatively set to occur in 2009. SECTION 2. - Results Presented to Council. Upon its completion of \ the tasks outlined in Section 1 above, staff shall present its results to the City Council at a future meeting in conjunction with authorization to proceed forward to a Notice of Intent to the King County Boundary Review Board to annex the Panther Lake area and any other steps provided by law to conduct the annexation election. SECTION 3. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 2 Panther Lake Annexation Area— Information Gathering SECTION 4. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 5. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting b the City Council of the 9 p p 9 Y Y I City of Kent, Washington, this day of May, 2008. CONCURRED in by the Mayor of the City of Kent this day of May, 2008. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of May, 2008. BRENDA JACOBER, CITY CLERK P\Civ,I\R...l.Lion\Panther LakeAnnerat,on-Info GaLher,n9 d. 3 Panther Lake Annexation Area— Information Gathering U r m►. C N N a:. 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L' .-1 C Y CDN V Lo N N I� U - C M V/ N M n00 C N � C) 8 n in o Ln O rn + `r Lr LO Ln Ln � L n LQ L N LM N M C A N� 8S8 8 pp 8 8 8 O O O O O O P O O O t E M S $cu Ln Ln N O LA ti N i d 8 S 8S 888 pp 8 pp 8 8 :L O Qp Q8 o pp pp p v N 8 O O 00 m 0 0 � O M N Ln r, N M M .--� CDS O `Q' N O O O m 1On f, N N � n Ln - ui N ai 888888p�8pp �8 8 Ln N Ln O O lf1 O CO O N n� �'0'1 In n L -1 N'?N M L!1.y.-i .-i 10 14 M f3 r, 11'1 N M N M Ln ti O 1� O:) } N y Y3 E n c v E E c t E c Stio � cW � t9 � � 0 a 0 0. v� c_ �q iC I I Y n a ° O U .2 a a b � - ¢ 0 do z Kent City Council Meeting Date May 20, 2008 ' Category Bids - 8A 1. SUBJECT: POLICE BUILDING RE-ROOFING 1 2. SUMMARY STATEMENT: The bid opening was held on May 7, 2008, with four (4) bids received. The apparent low bid was submitted by Wayne's Roofing for the amount of $84,570, excluding Washington State Sales Tax (WSST). The Engineer's estimate is between $97,500 and $110,500, excluding/including WSST. 1 3. EXHIBITS: Bid tab and Contract 4. RECOMMENDED BY: Staff (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, CouncilmemberX, ti seconds to authorize the Mayor to enter into an agreement with Wayne's Roofing for the amount of $84,570, excluding Washington State Sales Tax (WSST) to complete the Police Building Low Slope Re-Roofing Project. DISCUSSION: ACTION: BID TAB CITY OF KENT POLICE LOW SLOPE REROOFING BID OPENING 10: 15 A.M. MAY 7,2008 Wayne's Roofing $81,970.00 $ 2,600.00 Scholten Roofing $88,500.00 $ 2,000.00 Lloyd A. Lynch $104,500.00 $ 2,600.00 Stanley Roofing $128,940.00 $ 21650.00 CONTRACT THIS AGREEMENT, made in triplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and Wayne's Roofing organized under the laws of the State of Washington , located and doing business at 13105 Houston Rd. Sumner, Wa. 98390 253-863-455 ("Contractor"). WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: City of Kent Police Department Low Slope Reroofing in accordance with and as described in the Contract Documents and shall perform any alterations in or additions to the work provided under the Contract Documents and every part thereof. The Contract Documents shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2008 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable ("Standard Specifications"); the City's bid documents; and the Contractor's response to the City's bid. Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within 60 calendar or working days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract Documents and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract Documents and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at the time and in the manner and upon the conditions provided for in the Contract Documents. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns 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 performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this contract 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract. 6. Contractor agrees, upon the City's written demand, to make all books and records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the "one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF KENT BY: SUZETTE COOKE, MAYOR DATE: ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: KENT LAW DEPARTMENT CONTRACTOR BY: PRINT NAME: TITLE: DATE: WITNESS, if INDIVIDUAL OR PARTNERSHIP: STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day of , 200 , before me personally appeared and to me known to be and of the corporation/individual that executed the within and foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 1 BIDDER'S NAME Wayne's Roofing, Inc. CITY OF KENT KING COUNTY, WASHINGTON BID DOCUMENTS FOR City of Kent Police Department Low Slope Reroofing / BIDS ACCEPTED UNTIL ■ May 7, 2008 10:00 A.M. BID OPENING May 7,2008 10:15 A.M. AT CITY OF KCNT CITY HALL KENT, WASHINGTON Charles Lindsey Project Coordinator KENT W A 5 H IN O T O N i CALL FOR BIDS Notice is hereby given that the City of Kent, Washington, will receive sealed bids at the City Clerk's Office, May 7, 2008 at 10:00 A.M. as shown on the clock located in the City Clerk's Office first floor of Kent City Hall, 220 0 Avenue South, Kent, Washington. Bids must be clearly marked "Bid" with the name of the project on the outside of the envelope, addressed to the City Clerk, 220 4`i'Avenue South, Kent, WA 98032-5895. Only sealed bids will be accepted. No facsimiles will be considered. All bids will be opened and read publicly aloud at 10:15 A.M. for the City of Kent project named as follows: City of Kent Police Department Low Slope Reroofing. The project consists of City of Kent Police Department Low Slope Reroofing as outlined in the drawings and specifications dated March 2008. Copies of the Plans and Special Provisions may be purchased for a non-refundable cost of $25.00 for each set. Bid documents may be obtained by contacting City of Kent Parks Facilities Department, (253)856-5080, 400 W. Gowe, Kent, Washington. There will be a mandatory walkthrougl on April 29,2008, 1:30 PM at Kent Police Department, 242 Ave. So.,Kent,Wa. The Architect's estimated range for this project is approximately $97,500 to $110,500. For technical questions, please call Don Davis,WetherhoIt and Associates, 425-822-8397. A bid bond in the amount of 5% of the bid is required. The City of Kent reserves the right to reject any and all bids on any or all schedules or alternates or to waive any informalities in the bidding and shall determine which bid or bidders is the most satisfactory and responsible bidder and shall be the sole judge thereof. No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit or as a defense to any action based upon the neglect or refusal to execute a contract. No bidder may withdraw his/her bid for a period of six (60) days after the day of bid opening. Dated this 14th day of April 2008. BY: Brenda Jacober, City Clerk Published in Kent Reporter on April 23,26, and 30, 2008 Daily__Journal of Commerce __ ____ __ _ _on April 21, 28, and 30, 2008 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 CONTRACTOR COMPLLANCE STATEMENT (President's Executive Order#11246) Date 05/07/2008 This statement relates to a proposed contract with the City of Kent named Project Name Project Number I am the undersigned bidder or prospective contractor. I represent that— Wayne's I. IRoof ing,Inchave, IffKVW9,participated in a previous contract or subcontract subject to the President's Executive Order#11246 (regarding equal employment opportunity) or a preceding similar Executive Order. Wayne's Roofing, Inc. ■ NAME OF BIDDER r BY: '� `' Vice President Signature/Title 13105 Houston Road Sumner, WA 98390 ADDRESS (Note to Bidders: The information required in this Compliance Statement is informational only) SECTION 00400 REROOFING WORK NOTE TO BIDDER: Use preferably BLACK ink for completing this Proposal form. PROPOSAL To: City of Kent, Facilities Division Address: 220 Fourth Avenue South Kent, Washington 98032-5895 Project Title: ROOFING WORK: City of Kent Police Department—Reroof Low Slope Roof Areas Fourth Avenue&Titus Street Kent,Washington Kent City Hall Annex Building-Wallcpad Installation 302 West Gowe Kent,Washington Bidder's person to contact for additional information on this Proposal: Company: Wayne's Roofing, Inc. Contact Pei son: Rod Wetherbee Telephone:253.863.4455Fax: 253.863.8311 BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Proposal are those named herein,that this Proposal is, in all respects, fair and without fraud,that it is made without collusion with any official or representative of the OWNER, and that the Proposal is made without any connection or collusion with any person submitting another Proposal on this Contract. The Bidder further agrees that it has exercised its own judgment regarding the interpretation of subsurface information and has utilized all data which it believes pertinent from the CONSULTANT, OWNER, and other sources in arriving at its conclusions. The Bidder further declares that it has carefully examined Contract Documents for construction of the project, that it has inspected the site, that it has satisfied itself as to quantities involved, including materials and equipment,and conditions of work involved,including the fact that the description of quantities of work and materials as included in this Form of Proposal is brief and is intended only to indicate the general nature of the work and to correlate said quantities with detailed requirements in the Contract Documents,and that this Proposal is made according to provisions and under terms of the Contract Documents,which Documents are hereby made a part of this Proposal. City of Kent Police Department Low Slope Reroofing Specifications May 2008—Revised Per Addendum No. 1 00 400-1 CONTRACT EXECUTION,BONDS& INSURANCE The Bidder agrees that its Proposal shall not be withdrawn for a period of 60 days after bid opening. The Bidder further agrees that if this Proposal is accepted, it will,within 10 calendar days after receipt of Notice of Award,sign the Contract and deliver to the OWNER the required Performance and Payment Bonds and Certificates of Insurance,and will,to the extent of its Proposal, furnish all machinery,tools,apparatus,and other means of construction and do the work and furnish all the materials necessary to complete all Work as specified or indicated in the Contract Documents. CONTRACT TIME The Bidder agrees to substantially Complete the Work within 30 calendar days after the Date of Notice to Proceed,and to Finally Complete work within 14 calendar days after Substantial Completion. SALES AND USE TAXES Prices quoted in the Proposal shall NOT include local and state sales taxes applied to the Owner's payments. The OWNER will pay the local and state sales taxes directly to the CONTRACTOR based on the monthly progress pay estimate. All other taxes as required by the laws and statutes of the State and its political sub- division shall be paid by the CONTRACTOR. ADDENDA The Bidder hereby acknowledges that he has received Addenda No's. 1 (Bidder shall insert No.of each Addendum received)and agrees that all addenda issued are hereby made part of the Contract Documents, and further agrees that his Proposal(s) includes all impacts resulting from said Addenda. TOTAL LUMP SUM BASE BID: The Bidder agrees to accept as full payment for the Work,as specified in the Contract Documents and shown on the Drawings,and based upon the undersigned's own estimate of quantities and costs,the following lump sum: DOLLARS ($ 81 ,970,00) Eighty—One Thousand, Nine Hundred Seventy & 00/100 UNIT COSTS: Provide a unit cost to remove and replace deteriorated or damaged existing 5/8"plywood decking with new 5/8"CDX plywood decking, or to match existing size. ($ 75.00 _) Seventy—Five & 00/100 /4 ft x 8 ft Sheet of 5/8 inch CDX Plywood City of Kent Police Department Low Slope Reroofing Specifications May 2008—Revised Per Addendum No. 1 00 400-2 i 1 BIDDER The name of the Bidder submitting this Proposal is Wayne's Roofing, Inc. doing business at 13105 Houston Rd Sumner WA 98390 Street City State Zip which is the address to which all communications concerned with this Proposal and with the Contract shall be sent. The names of the principal officers of the corporation submitting this Proposal,or of the partners comprising the partnership, or of all persons interested in this Proposal as principals are as follows: Donald D Guthrie Rodney A Wetherbee Federal Tax Identification No: 91-0949176 Contractor's Washington Registration No: WAYNESR205Q5 Dept. of Labor and Industries Reg.No: 278, 110-00 Washington State Department of Revenue No: 600 178 144 If Sole Proprietor or Partnership IN WITNESS hereto the undersigned has set his/leer hand this day of 20 ` Signature Title If Corporation IN WITNESS WHEREOF the undersigned corporation has caused this instrumentto be executed by its duly authorized officers this 7 day of May , 2008 . Name of Corpora ' nWayne's Roofing, Inc. By— Title Vice President END OF SECTION City of Kent Police Department Low Slope Reroofing Specifications May 2008—Revised Per Addendum No, 1 00 400 4 SUBCONTRACTOR LIST Prepared in Compliance with RCW 39.30.060 Pursuant to RCW 39.30.060, list each subcontractor that shall perform the following listed subcontract work amounting to more than 10% of the total bid contract price, less applicable sales tax. List each bid item to be performed by each designated subcontractor in numerical sequence. This subcontractor list must be fully completed, signed and delivered no later than the time for bid opening. If no subcontractors will be performing 10% of the work, indicate this by writing "None" and signing this form. , PROJECT NAMEcity of Kent Police Department Low Slope Reroofing CONTRACTOR' SIGNATURE Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers City of Kent Combined Affidavit & Certification Form: Non-Collusion, Minimum Wage (Non-Federal Aid) NON-COLLUSION AFFIDAVIT Being first duly sworn, deposes and says, that he/she is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other bidder on the foregoing work equipment to put in a sham bid., or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself/herself or to any other person any advantage over other bidder or bidders. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having drily sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief, FOR; NON-COLLUSION AFFIDAVIT AND MINIMUM WAGE AFFIDAVIT City of Kent Police Department Low Slope Reroofing NAME OF PROJECT Wayne's Roofing, Inc. NAME OF BIDDER'S FIRM S><GNATURE OF AUTHORIZED REPRESENTATIVE OF BIDDER Subscribed and savor U thii 7 day of May , 2008. rn 0 , ,, A� Notary P blic in and for the State of Washington, °� � ��'w, i ,2`�� residing a Lake Tapes _ =' ALTNERATE BID: Remove two (2) existing drains at the north end of the roof and install new Jay R. Smith (Web Site www.jrsmith.com) Roof Drains, Figure 1330 or 1340, 8'/2-inch Diameter Roof Drain. Install all related piping,hangers, insulation at interior side of drain and 12 inches onto drain line, and no-hub connections. The Bidder agrees to accept as full payment for the Work,as specified in the Contract Documents and shown on the Drawings,and based upon the undersigned's own estimate of quantities and costs,the following lump sum: DOLLARS ($ 2,600,00 ) Two Thousand, Six Hundred & 00/100 QUALITY ASSURANCE The Bidder proposes the following roofing manufacturer's system to be used for the following portions of the work in the event that the Bidder is awarded the Contract, and will not be changed except with the written approval of the OWNER,which the OWNER may withhold for any reason: Type of Work I Manufacturer of System Low Slope Roofing Sika Sarnafil Bidder warrants that it is certified as an approved applicator-contractor by the manufacturer(s)of the above listed roofing system. EVIDENCE OF SAID CERTIFICATION SHALL BE WRITTEN TO THE OWNER,SIGNED BY THE MANUFACTURER,AND SUBMITTED TO OWNER ALONG WITH THE BID. PROJECT MANAGEMENT AND SUPERVISION The Bidder proposes the following designated Project Manager and Superintendent,whose experience and qualifications shall be as described in Paragraph 8 of 00100 Instructions to Bidders, and whose resumes indicating relevant experience are enclosed with this Proposal Joe DiCarlo Chuck. Richmond Project Manager Superintendent City of Kent Police Department Low Slope Reroofing Specifications May 2008—Revised Per Addendum No. 1 00 400-3 STATEMENT OF BIDDER'S QUALIFICATION To be filled in by the Bidder. Each contractor bidding on work included in these contract documents shall prepare and submit the data requested in the following schedule of information: The City will use information offered by the Bidder in this Statement as a significant factor in determining whether the Bidder is responsible and able to perform the contract work. This data sheet must be included in and made a part of these Bid Documents. 1. Name of Bidder: Wayne's Roofing, Inc. 2. Business Address: 13105 Houston Road Sumner, WA 98390 3. How many years have you been engaged in the contracting business under the present firm name? 41 years 4. Contracts now in hand. Gross amount: $ 14,000,000.00 5. General character of work performed by your company: Commercial Roofing and Waterproofing 6. List several recent construction projects completed by your company, including approximate costs and name and phone number of Project Engineer or Owner: Bremerton High School Add - $422.?39.00-Hilaer Construction, Inc. 2�_ 5�4.4766 Meri ian Middle School Roofing - 1 ,�A���5,()�-KPnt school nit_-25i �73.7526 Mission Creek Corrections-$61 ,338.00-Drury Construction-360.394.6000 Prairie Elementary Add-Shinstine & Associate-s-253 770 5858 7. List your major equipment: See Attached List 8. Bank references: Heritage Bank - 1119 Pacific Ave #300; Tacoma, WA 98402 9. Bonding Company: Insurance Company of the West o Parker, Smith & Feek 2233 - 112t-h Ay(- NF; Bellevue., WA 98004 VEHICLE DESCRIPTION_ _ Tonage or gallon 87 CHEV PICK UP 12000 77 GMC FLATBED/SCISSOR 26000 80 GMC TANKER 26000 83 GMC TANKER 32000 88 KENWORTH BOOM TRUCK 80000 52 FRUEHAUF TRAILER CHEV 112 TON EXTENDED CAB CHEV 1/2 TON EXTENDED CAB CHEV 112 TON EXTENDED CAB CHEV 1/2 TON EXTENDED CAB (Blue) 85 CASE FORKLIFT 6000 lbs. Ilow)87 MITSUBISHI FORK LIFT 6000 lbs. MITSUBISHI FORK LIFT(Green) 78 CHASE TILTBED TRAILER Nissn 5000 Forklift 5000 lbs. 98 CHEV PICK UP 2000 CHEV CREW CAB (Flat Bed)2001 CHEV Silvera_do (Flat Bed)2001 CHEV_Silverado 92 KODIA_K DIESEL FLATBED 32000 97 GMC VERIBED 26000 97 TOP KICK CHEV CREW CABw/serv.Body 2002 CHEV CREW CAB CHEV CREW CASISERV.BODY CHEV CREW CAB/SERV.BODY 2005 Siiverado 2wd 2006 Silverado 2wd , 2007 Chev Crew Cab 2007 Chev Crew Cab 2006 2 door Chev Pick Up 2006 2 door Chev Pick Up 2006 2 door Chev Pick Up 96 CHEV PICK UP 2000 CHEV PICK UP 2000 CHEV PICK UP 2000 CHEV PICK UP 2000 CHEV PICK UP 94 Suzl LT160 95 Suzl LT160 98'SUZU LT160 98'SUZU-1-TF160W 99 JEEP-GRAND_CHEROKEE 99 JEEP-GRAND CHEROKEE 2002 Dodge 1500 05 JEEP-GRAND CH_EROKEE_ 96 CLEASSY KETTLE 540 gal. 96 CLEASBY KETTLE 540 gal. 79 REEVES TAR KETTLE 1000 gal. 83 CLEAS_B_Y_TAR KETTLE, 3.50 gal. 97 PUMPER 540 2000 Cleasby Kettle 845 2001 Cleasby Ketttle 845 2001 Rubbermaster Kettle 2002 Cleasby Kettle 2001 Mini Rubbermaster 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 Wayne's Roofing, Inc. 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 compiled 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 For: Wayne's Roofing, Inc. , Title: Vice President Date; 05/07/2008 EEO COMPLIANCE DOCUMENTS - 3 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 7 day of May , 200 8. By: For: Wayne Is Roofing, Inc. Title: Vice President Date: 05/07/2008 EEO COMPLIANCE DOCUMENTS - 1 World Glass Hoofing and Waterproofing 9 January 2008 Wa ne's Roofing, Inc. Y 9� 13105 Houston Road Sumner, WA 98390 Re: Approved Applicator 2008 To Whom It May Concern- This letter is to certify that Wayne's Roofing Inc. has been an approved and is a qualified Alliance Sarnafil roofing applicator in good standing since 1989. If you have any questions, please contact our office. Thank you, P // - /! � William R. Clark Jr., CSI, CDT Northwest District Manager Sika Sarnafil, Inc. A k Slka Sarnafil Inc.,20412 87t�l Avenue South,Kent,WA 98031 k '> . Tel. 1-800-727-6234,Fax.253-872-0273,wwwsikacorp com zoamaffl BID BOND FORM KNOW ALL MEN BY THESE PRESENTS: That we, Wayne ' s Roofing, Inc. as Principal, and Insurance Company of the West as Surety, Five Percent (50) are held and firmly bound unto the CITY OF KENT, as Obligee, in the penal sum of of Tnt-a 1 B id --- Dollars, for the payment of the which the Principal and the Surety bond themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for City of Kent Police Department Low Slope Reroofing According to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in fill force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damaged,the amount of this bond. SIGNED, SEALED AND DATED THIS 7 th DAY OF May 2008. Wayne ' s Roofing, Inc,_.-- r f I PRINCIPAL Insurance Company of the West p SURETY Karen P. Dever 2008. Received return of deposit in the sum of$ ICW GROUP No. 0004268 (� I Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company j KNOW ALL MEN BY THESE PRESENTS That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint CARL NEWMAN,PETER H HAMMETT,JILL A BOYLE,DEANNA M.MEYER,APRIL L CHAMPAGNE, SCOTT FISHER, DAVID L ECKROTFI,STUART A.O'FARRELL, SUSAN B,LARSON,STEPHEN J WACHTER,KAREN A HUNT, KAREN P DEVER,BARBARA R.JOHNSON,CHARLES A SZOPA,MARIE I MATETICI-I itheir true and lawful Attomey(s)-nn-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008 p.I cOMPAHY�� SV RAN V �!p� ��t firs 4-�C�pORq�� �� , acoePan^Tea o° Tin p v 4 `k nJ1 INSURANCE COMPANY OF THE WEST 11 n B SAL��b'� %w� ����t>� EXPLORER INSURANCE COMPANY z kyPJ INDEPENDENCE CASUALTY AND SURETY COMPANY Y r Jeffrey D Sweeney,Assistant Secretary J Douglas Browne,Senior Vice President }State of Cali fornia ss County of San Diego i On January 2,2008,before me,Mary Cobb,Notary Public,personally appeared J Douglas Browne and Jeffrey D Sweeney,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument, I certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand and official seal 1I MA Y COBS COMM.4"602390 C3 NCITARY PUSUC-CALIFORNIA N �3 SAivf OIEGOCOUNTY n My Commission Expins SrEPTEMBER 20.2009 Mary Cobb,Notary Public RESOLUTIONS Thus Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies "RESOLVED That the President,au Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures,and the signature and seal of any notary,and the seat of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying" CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now ur fill force IN WITNESS WHEREOF,I have set my hand this I day of r r� 4 i Jeffrey D Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1 111 and ask for the Surety Division Please refer to the Power of Attorney Number,the above named individual(s)and details of the bond to which the power is attached For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400 I I I REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR--�� �1lg � � � C. OPERATIONS COMMITTEE A-0 L) D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS 1,-�4 A- 3�Q 30 H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 1 KENT WASHIN-N OPERATIONS COMMITTEE MINUTES APRIL 15, 2008 Committee Members Present: Tim Clark, Debbie Raplee, and Les Thomas The meeting was called to order by Chair Tim Clark at 4:00 p.m. 1. APPROVAL OF MINUTES DATED APRIL 1, 2008 Les Thomas moved to approve the minutes of the April 1, 2008, Operations Committee meeting. Debbie Raplee seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED MARCH 31, 2008 Debbie Raplee moved to approve the vouchers dated March 31, 2008. Les Thomas seconded the motion, which passed 3-0. 3. FORMATION OF PLANNING COMMITTEE FOR REGIONAL FIRE PROTECTION SERVICE AUTHORITY — AUTHORIZE Fire Chief Schneider noted that the Kent Fire Department has completed a nine month process of meetings and discussions with the Fire Authority Stakeholders Group (FASG), which was comprised of various interests related to fire protection in the City of Kent and King County Fire District 37. He said the recommendation of the FASG is to create a Regional Fire Protection Service Authority (RFPSA) and if both the City of Kent and the Board of Commissioners of Fire District 37 agree, a planning committee would be formed to define the specific organization, funding sources, capital assets, and operational aspects of the RFPSA. Upon questions from Council members, he explained that the reason for looking into an RFPSA is that it has been difficult to meet funding needs, and that funds for the study are already in the budget. Les Thomas moved to recommend to Council at it's May 6, 2008, meeting, that the Kent Fire Department be authorized to proceed with the formation of a planning committee to develop a recom- mended structure for a Regional Fire Protection Service Authority. Debbie Raplee seconded and the motion carried 3-0. Operations Committee Minutes April 15, 2008 Page 2 4. AGREEMENT FOR INSTALLATION OF FIRE SPRINKLER SYSTEM AND UPGRADE OF FIRE ALARM SYSTEM — APPROVE Under this agreement, Smith Fire Systems will provide all necessary equip- ment and will install a fire sprinkler system at the City's Fire Station 76 Maintenance Facility. Additionally, Smith Fire Systems will update the fire alarm system installed at Fire Station 76 and its Maintenance Facility. The updates are needed because the existing system is not adequate to support both Fire Station 76 and its Maintenance Facility. Debbie Raplee moved to recommend to Council that the Mayor be authorized to sign an agreement with Smith Fire Systems, Inc. in the amount of $85,174.78, for the installation of a fire sprinkler system at the Fire Station 76 Maintenance Facility, and for the upgrade of the existing fire alarm system installed at Fire Station 76 and its Maintenance Facility. Les Thomas seconded and the motion carried 3-0. 5. RENEW GROUP HEALTH COOPERATIVE OF PUGET SOUND MANAGEMENT (HMO) - APPROVE Ray Luevanos noted that the 2008 Group Health Cooperative of Puget Sound contract reflects an approximate 13.2% increase in the health care premiums charged by Group Health Cooperative and is budgeted in the health and welfare fund. He added that 38 employees and their families are covered under the plan, that the cost is budgeted at $370,495, and that the cost is based on risk factors and claims history. He pointed out that there are increased benefits for chemical dependency, diabetes supplies, mental health parity, and dependent coverage. Les Thomas moved to recommend the 2008 Group Health Cooperative contract for the city's insured HMO plan be placed on the City Council Consent Calendar for April 22, 2008, meeting. Debbie Raplee seconded. When it was noted that the next City Council meeting will be on May 6, Thomas and Raplee amended the motion and second to May 6, and the motion as amended carried 3-0. Operations Committee Minutes April 15, 2008 Page 3 6. AGREEMENT FOR PEST ABATEMENT SERVICES FOR VARIOUS CITY BUILDINGS — APPROVE Jeff Watling noted that under the agreement, AAA Pest Control will provide pest inspection and abatement services for various Kent City buildings through December 31, 2010. The annual cost to the City for these services is $14,305.53. The City will receive a 5% discount off of the cost for the current year's services if the City remits advance payment to AAA Pest Control. The City has used AAA Pest Control's services in the past and has been pleased with its performance. Watling noted that there are approximately 30 buildings. Les Thomas stated that he will recuse himself from voting because of his personal relationship with the owner of AAA Pest Control. Debbie Raplee recommended that Council authorize the Mayor to sign a 3-year Goods and Services Agreement with AAA Pest Control Services, Inc., in the annual amount of $14,305.53, for pest inspection and abatement services at various City buildings. Tim Clark seconded, Les Thomas recused himself from voting, and the motion carried. It was noted that this item will go on the Consent Calendar as a unanimous 2-0 vote. 7. AGREEMENT FOR THE UPGRADE AND INSTALLATION OF A SECURITY CARD READER SYSTEM — APPROVE Jeff Watling explained that under this agreement, Protection Technologies, Inc. will provide all necessary equipment, software, hardware, and labor necessary to upgrade the City-wide security card reader system and to install a security card reader system at Fire Station 74 and its training facility. Protection Technologies will additionally provide all necessary software licenses and training for City staff. He added that funding is in the budget. Les Thomas moved to recommend to Council that the Mayor be authorized to sign an agreement with Protection Technologies, Inc. in the amount of $51,825.14 for the upgrade of the City-wide security card reader system and for the installation of a card reader system at Fire Station 74 and its training facility. Debbie Raplee seconded and the motion carried 3-0. Operations Committee Meeting April 15, 2008 Page 4 8. 41h QUARTER FINANCIAL REPORT Bob Nachlinger, Finance Director, reported on the close-out of the 2007 fiscal year budget. He noted that while the General Fund came in approximately $1.5 million under budget in Revenues, it was more than offset by a $4.9 million under-expenditure in Expenses. He said the largest decline was in sales tax, which may be due to early implementation of destination-based sales tax. Mayor Cooke said she anticipates seeing lower sales tax in the future, but that expenditures will be lower as well. She said a healthy balance is being maintained, that it is being closely monitored, and that a recommendation for action will be made if necessary. It was clarified that recreation revenues have not gone down, and that building permit revenue is being monitored. The meeting adjourned at 4:25 p.m. Brenda Jacober, CM _ City Clerk Page 1 City of Kent KEN-Tr Parks and Human Services Committee Meeting WA="'"GT°" Minutes of April 17, 2008 Call to Order: Debbie Ranniger called the meeting to order at 5:03 p.m. Council Present: Chair Debbie Ranniger, Elizabeth Albertson, and Ron Harmon Jo Thompson recording for Teri Petrole Added Item: Rotary Club of Kent Sunrise Donation for Senior Center Fitness Room - Accept and Amend Budget Item #1 Meeting Minutes Dated March 20, 2008 Elizabeth Albertson moved to approve the minutes of March 20, 2008. Ron Harmon seconded and the motion passed 3-0. Item #2 Conflict Council Agreement - Authorize Jason Johnson explained that Housing and Human Services oversees the contract for public defense, and is responsible for finding counsel to cover when conflict of interest arises. Stewart, Beall, MacNichols and Harmell is under contract with the city to provide counsel to indigent defendants. The current conflict counsel process has the city paying on a per incident basis to several different firms. This process is complicated to manage and expensive. Staff reviewed best practices from around Washington State and discovered that many municipalities contract with a single firm for conflict counsel. Oversight of a single conflict counsel contract is much easier to audit and eliminates the possibility of paying for conflict counsel twice for one incident. City staff selected Michael Jordan and James Feldman of Jordan Law Offices P.S. Inc. to represent the city on roughly 250 incidents for per year for a total of $37,200.00. This contract amount would be pro-rated for 2008, as the start date for this work would begin in May. Ron Harmon moved to authorize Mayor to sign the Agreement with Jordan Law Offices P.S. Inc. for $37,200.00 per year for Conflict Council Defense Services. Elizabeth Albertson seconded and the motion passed 3-0. Page 2 Item #3 KaBOOM! Playground Grant Agreement - Authorize Lori Flemm reported that on February 5, 2008, staff submitted a grant request to KaBOOM! for new playground equipment, valued at approximately $120,000.00. KaBOOM! looks for and matches qualified organizations with corporate funding partners. The city is one of three finalists for this grant award. The City's financial match will be no more than $10,000.00 and is available in the budget. KaBOOM! requires the city sign and return a final contract within three days of notification of grant award. At this time, KaBOOM! is requesting a signed Outreach Statement to show commitment and ability to fulfill the grant requirements. The quick turn around process is necessary to secure funding partnerships and get the equipment delivered in time for a fall installation date. Elizabeth Albertson moved to recommend Council authorize the Mayor to sign the Outreach Statement signifying that the City of Kent has reviewed the draft letter of agreement and is prepared to sign the final letter of agreement and all other necessary documents with KaBOOM! for the acquisition and installation of a community playground at Lake Meridian Park, subject to the selection of a qualified funding partner, and upon final contract terms and conditions acceptable to the City Attorney. Ron Harmon seconded and the motion passed 3-0. Item #4 1st Quarter Fee-in-Lieu Funds - Accept and Amend Budget Lori Flemm stated that between January and March 2008, the city received a total of $14,100.00 from one developer, KBS Development Corporation, who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in the subdivision Arbor Heights 360. Funds will be used to complete a paved trail and install hand railing at Arbor Heights 360 Park. Ron Harmon moved to recommend Council accept the $14,100.00.00 fee-in- lieu funds for the first quarter and approve the expenditure of funds in the Arbor Heights 360 Park budget. Elizabeth Albertson seconded and the motion passed 3-0. Item #5 2008 Recreation and Conservation Office Grant Application Resolution for West Hill Park Lori Flemm reported that each year staff pursues funding for park development through the Recreation and Conservation Office. Award is based on need and scope of the project. Staff is requesting authorization to submit the grant Parks and Human Services Committee Page 2 Minutes of April 17, 2008 Page 3 application to the RCO Washington Wildlife and Recreation Program to fund a future neighborhood park development at the undeveloped 'West Hill" park site on Military Road, north of the Armory. The Master Plan was adopted through public meetings in the mid-nineties. The proposed project includes a trail around the park, an open play field, play equipment, and parking. Ron Harmon noted the need for parks on the West Hill and suggested putting up a sign board to note the site's historical value. Ron Harmon moved to recommend Council adopt the resolution authorizing grant application to the Recreation and Conservation Office to fund the development of West Hill Park. Elizabeth Albertson seconded and the motion passed 3-0. Item #5 2008 Recreation and Conservation Grant Application Resolution for Panther Lake Park Lori Flemm is requesting authorization to submit the grant application to the RCO Washington Wildlife and Recreation Program to fund acquisition of two parcels for a future community park in the Panther Lake potential annexation area. Upon approval, staff will present a Purchase and Sales Agreement to both property owners to secure the sale. Elizabeth Albertson complimented staff on being well prepared for the potential annexation. Elizabeth Albertson moved to recommend Council adopt the resolution authorizing grant application to the Recreation and Conservation Office to fund the acquisition of Panther Lake Park. Ron Harmon seconded and the motion passed 3-0. Item #6 King Conservation District Reimbursable Grant for ReLeaf 2007 - Accept and Amend Lori Flemm reported that on February 21, 2008, staff submitted an application to King Conservation District (KCD) for a reimbursable grant to fund ReLeaf 2007. The grant request was approved by the King Conservation Board on March 11, 2008. The funds were used to plant and mulch 250 native plants at Clark Lake Park. This work was completed by Park staff and 59 volunteers during ReLeaf 2007 on October 11, 2007. Other than staff time, the project was no cost to the city. There are two more projects planned for Clark Lake - with one scheduled for this Fall. Based on the terms of the grant, the city will receive 90% of the contract amount ($9,673.87) once the contract has been executed. The balance is withheld until all terms of the contract have been fulfilled. Parks and Human Services Committee Page 3 Minutes of April 17, 20011 Page 4 Ron Harmon moved to recommend Council authorize the Mayor to sign the King Conservation District grant of $10,748.75 to fund the Re Leaf 2007 project, and approve the expenditure of funds in the Clark Lake Management Plan budget. Elizabeth Albertson seconded and the motion passed 3-0. Item#7 Boat Launch Fees Lori Flemm stated that last Fall, staff presented a study conducted by staff on local boat launch fees in the area. Kent was the only city in the county and state not collecting launch fees. Charging a fee would not only assist in the control of use, but would maintain consistency within the department for charging all recreational services. An Ordinance needs to be adopted to establish a city boating facility fund. The proposed fee is $5.00. Stickers placed on vehicles will confirm payment. The fee machine accepts bills up to $20.00 and will make change. The cost to furnish and install the machine is expected to cost $18,000-$20,000. If Visa/Debit is added, the handling fee would be $90.00 per month. Staff plans to monitor cash transactions before adding the card payment option. Programming the machine to accept cards is a simple process. Senior discounts are not being recommended because the proposed fee is low. Elizabeth Albertson encouraged staff to install a fee machine that accommodates visa/debit cards because they are such a convenient method of payment. Funds will be collected by the Police Department. Enforcement will be handled by YIPS, bicycle patrol, boat patrol, or parking enforcement officers. Violations will constitute an infraction with a penalty of $50.00. The Parks Department will manage the revenue and expense accounts. Funds will be used for boating improvements. Debbie Ranniger suggested using the funds to cover expenses for anything related to Lake Meridian Park, not just the boat launch. No annual passes will be provided until 2009. Lori asked the Committee for support to purchase the fee machine. Lori reminded the Committee that the new boat launch dedication ceremony is Tuesday, May 6, at 2:00 p.m. at Lake Meridian. Walk On: Item #8 Rotary Club Donation for the Kent Senior Activity Center Lea Bishop reported that the Rotary Club of Kent Sunrise is supporting the remodel to the Kent Senior Center's Fitness Room by donating $11,340.85 for new equipment. Funds will provide two treadmills, one recumbent bike, one upper body exerciser and floor mats. The equipment was purchased at Club Fitness Equipment of Redmond, WA and will be installed next week. Debbie Ranniger asked how non profits contact the city to donate. In this case, the Rotary Club contacted the Senior Center because of previous involvement in programs and events. The Grand Opening is 11:00 a.m., on Tuesday, April 29. Parks and Human Services Committee Page 4 Minutes of April 17, 2008 Page 5 Elizabeth Albertson moved to recommend Council accept the $11,340.85 donation for new fitness equipment and approve the expenditure of funds in the Senior Activity Center's Budget. Ron Harmon seconded and the motion passed 3-0. Item#9 1s' Quarter Contributions Report ort P Jeff Watling reported that $40,000 in gifts and in-kind was donated during the first quarter of 2008, through partnering in programs and services. Item #10 1st Quarter Division Reports Jeff Watling asked the Committee to read the First Quarter 2008 Division Report to see all of the day-to-day services offered by the Parks Department. Item #11 What's Happening Elizabeth Albertson announced that the CDBG grant applications will be delivered to the Human Services Commission members to review and make recommendations for funding. Jeff added that there are 62 applications requesting just over $2M and there is $950,000.00 in available funds. The meeting adjourned at 6:00 p.m. Respectfully submitted, Teri Petrole Committee Council Secretary Parks and Human Services Committee Page 5 minutes of April 17, 2008 • KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES April 8, 2008 COMMITTEE MEMBERS: Bob O'Brien, Les Thomas, and Ron Harmon, Chair The meeting was called to order by Acting Chair Debbie Raplee at 5:07 PM. Ron Harmon's absence was excused and Debbie Raplee attended in his place. • Bob O'Brien's absence was excused. D. Raplee had his concurrence on the action items. Chair called for additions or changes to the agenda, there were none. 1. Approval of Minutes Les Thomas moved to approve the minutes of the March 11, 2008 meeting. The motion was seconded by Debbie Raplee and passed 3-0, with O'Brien's concurrence. 2. Towing and Impound Services draft contract - INFO ONLY Tom Guilfoil, Assistant City/Prosecuting Attorney and Captain Mike Painter explained that protocols and policies needed to be formalized and that tow companies would have the opportunity to review them prior to a bid process. 3. Washington State Law Enforcement Boating Equipment Grant Program - AUTHORIZE Captain Painter explained the funds would be used to purchase a new boat for patrol use on Lake Meridian. L. Thomas moved to authorize the Kent Police Department to apply for the Washington State Law Enforcement Boating Equipment grant. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 4. Lease Agreement Between City of Kent and Rainier Pacific Management, LLC - AUTHORIZE Captain Painter explained the lease would provide a visible police substation on the West Hill at the Woodmont Shopping Center. L. Thomas moved to recommend authorizing the Mayor to sign the Lease Agreement with Rainier Pacific Management, LLC for a Kent Police Department Substation. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 5. Criminal Code Amendment, Metal Theft and Possessions of Vehicle Theft Tools - ADOPT Tom Guilfoil explained the purpose of the code amendment. L. Thomas moved to recommend council enact the proposed ordinance that adopts by reference new code provisions recently enacted by the state Legislature, and repeals the repetitive Kent City code provisions, making it a gross misdemeanor to make or possess vehicle theft tools, and requiring metal businesses to maintain transaction records for the sale fo nonferrous metals. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 6. Goods and Services contract with Motorola, Inc. in care of Action Communications, Inc. - AUTHORIZE Fire Chief Jim Schneider reviewed the contract for the purchase of portable radios and related support equipment. L. Thomas moved to authorize the Mayor to sign the Goods and Services Contract with Motorola, Inc. in care of Action Communications, Inc. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 7. Surplus a 1991 Pierce Lance Aerial Ladder - AUTHORIZE Chief Schneider explained the request for the surplus of the equipment. L. Thomas moved to surplus a 1991 Pierce Lance Aerial Ladder (apparatus 734 VIN#000445), authorize Fire Administration to sell the apparatus and that funds received from the sale of the apparatus be deposited into a Facilities account for Fire Maintenance Shop renovations. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 8. FY 2008 Bureau of Justice Assistance Bulletproof Vest Program grant application - AUTHORIZE Police Chief Steve Strachan reviewed the purpose of the vest program. L. Thomas moved to authorize the Kent JPolice Department to apply for the FY 2008 Bureau of Justice Assistance Bulletproof Vest (BVP) grant. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 9. Lowe's Heroes Award application - AUTHORIZE Chief Strachan explained the funds would be used to purchase supplies for graffiti eradication efforts in neighborhoods on the West Hill. L. Thomas moved to authorize the Kent Police Department to apply for the Lowe's Heroes Award. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. 10. Washington Traffic Safety commission grant - AUTHORIZE � Chief Strachan explained the grant funds would be used to fund officer overtime for the Click-It-Or-Ticket Mobilization. L. Thomas moved to authorize the Kent Police Department to apply for the Washington Traffic Safety Commission grant. The motion was seconded by D. Raplee and passed 3-0, with O'Brien's concurrence. The meeting adjourned at 5:30 PM. Jo Thompson Public Safety Committee Secretary Public Safety Committee Minutes 2 April 8, 2008 1 PUBLIC WORKS COMMITTEE MINUTES FOR APRIL 21, 2008 Committee Members Present: Committee Chair Deborah Ranniger and Committee Members Harmon and Raplee were present. The meeting was called to order at 5:00 p.m. ITEM 1 — Approval of the Minutes Dated April 07, 2008: Committee Member Raplee moved to approve the minutes of April 07, 2008. The motion was seconded by Harmon and passed 3-0. ITEM 2 — Discussion Only/Traffic Impact Fees: Larry Blanchard, Public Works Director briefly described to committee members and the audience what types of Impact Fees are currently in affect in the region. Cathy Mooney, Senior Transportation Planner introduced Don Samdahl, from Mirai Transportation Planning & Engineering and Randy Young from Henderson, Young & Company. Staff and Transportation Master Plan consultant team members presented a brief PowerPoint review of the overall Transportation Master Plan funding program and then led a discussion of some of the issues relating to Traffic Impact Fees which will require Council action at a later date, but which we hope to get a sense of direction to bring back to the Public Works Committee for approval after the Transportation Master Plan and the Transportation Element of the Comprehensive Plan are adopted. (A memo from Cathy Mooney summarizing that discussion is attached to these minutes for your records.) Executive Session — East Valley Highway LID 362 Right-of-Way Acquisition• The Council Chambers were cleared, for the Executive Session. Which lasted approximately 10 minutes. Discussion Only/No Motion Required Adiourned: The meeting was adjourned at 6:45 p.m. Cheryl Viseth Public Works Committee Secretary Page 1 of 1 1 CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION ' ACTION AFTER EXECUTIVE SESSION