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City Council Meeting - Council - Agenda - 05/19/2009
� City of Kent � City Council Meeting � Agenda � May 19, 2009 ' Mayor Suzette Cooke Debbie Raplee, Council President � Councilmembers � Elizabeth Albertson Ron Harmon Tim Clark Deborah Ranniger � Jamie Danielson Les Thomas KENT WASHINGTON City Clerk's Office KENT CITY COUNCIL AGENDAS KENT May 19, 2009 WASHINGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Rap ee I , President sident Elizabeth Albertson Tim Clark Jamie Danielson Ron Harmon Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. 2010 Budget/Calendar Bob Nachlinger 30 minutes 2. Utility Projects Funding John Hodgson 10 minutes 3. Annexation John Hodgson 10 minutes 4. Intergovernmental Issues Michelle Witham 10 minutes East Hill Elementary School Handheld Instrument Performance - 6:30-7:00 am COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added ' to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. East Hill Elementary School Handheld Instrument Performance D. Public Safety Report E. Diamond Award Winners - Commute Trip Reduction F. Wheel Options Statewide Grand Prize Winner 5. PUBLIC HEARINGS None (Continued) COUNCIL MEETING AGENDA CONTINUED 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - None C. Mapcon Mapping Contract for 2009 Digital Aerial Photography - Authorize D. King County Interlocal Agreement re Transfer of Properties - Authorize E 2009 Design & Construction Standards Ordinance - Adopt Plemmons Industry Lease Renewal for Maintenance Facility - Authorize G. King County Office of Emergency Management Grant - Accept and Authorize H. Terrorism Research Center Consultant Contract - Authorize I. Santiam Emergency Equipment Goods & Services Agreement - Authorize J. Washington Traffic Safety Commission Grant, Reduce Underage Drinking - Accept K. Washington Traffic Safety Commission Grant, Nighttime Seat Belt Enforcement - Accept L. Memory Care at Arbor Village, Bill of Sale - Accept M. Highland Park Townhomes, Bill of Sale - Accept 7. OTHER BUSINESS None 8. BIDS None i9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Acquisition B. Potential Litigation 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. 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N j E CL a� v QE`V`O� u aaCL °°`� a°oi � v u 7L °p °.> C: (A LLIn Qro afloC � uroQV > aE � Eroc <troQ <CroV COUNCIL WORKSHOP 1) 2010 BUDGET/CALENDAR 2) UTILITY PROJECTS FUNDING 3) ANNEXATION 4) INTERGOVERNMENTAL ISSUES CITY OF KENT ADMINISTRATION John Hodgson • Chief Administrative Officer KENT 2204th Avenue South WASHINGTON Kent, WA 98032 Fax: 253-856-6700 PHONE: 253-856-5700 Memo To: Kent City Council From: John Hodgson, Chief Administrative Officer CC: Mayor Suzette Cooke Date: May 13, 2009 Re: Council Workshop At your May 19 City Council Workshop we will be discussing three issues. Enclosed are documents pertaining to each one. The first is a draft calendar that has been put together for the 2010 budget process. We will be discussing with you any additions or changes that need to be included in light of your meetings with neighborhoods and your own discussion on the budget. The second document outlines proposed utility projects that are planned over the next two years. These projects are intended to be funded through the selling of bonds. Staff is seeking direction on how to proceed with these projects and their funding. The final document pertains to annexation. It provides a timeline of actions to date. City Council will need to pass a resolution calling for a November election by July 7tn To date, the Governor has not signed the legislative bill passed this last session. Staff will be seeking direction on how you want to proceed with this issue. Please let me know if you have questions on these issues prior to Tuesday the 19th 2010 BUDGET PROCESS CALENDAR COUNCIL WORKSHOP 5/19 BUDGET SYSTEM TRAINING FOR DEPARTMENTS 5/18 - 5/22 Training for new users or refresher for current users BUDGET CALL & CIP KICK—OFF MEETING 6/4 Chambers East &West 3:00 —4:00 Mayor provides budget instructions to departments COUNCIL BUDGET WORKSHOP ?/? With Administration DEPARTMENTS MEET WITH FINANCE 6/15 - 7/17 Review and adjust baseline budgets Departments prepare CIP requests DEPARTMENT PRESENTATIONS TO ADMINISTRATION ,Tin =;7131, Departmental Presentation of Issues BUDGET and CIP BALANCING 8/10—8/28 Review and adjust baseline budgets and capital project requests COUNCIL REGULAR 9/15 Public Hearing on 2010 Budget (1" public hearing) Capital Improvement Plan 2010 —2015 (1st public hearing) DISTRIBUTE BUDGET TO COUNCIL 10/6 SPECIAL COUNCIL WORKSHOP 5:00 10/13 Review Revenues and Expenditure Estimates Preliminary Budget Overview and Summary COUNCIL REGULAR 7:00 10/20 Public Hearing on 2010 Budget and CIP (2"d public hearing) Public Hearing on 2009 Tax Levy for 2010 Budget SPECIAL COUNCIL WORKSHOP 5:00 10/27 Review Revenues and Expenditure Estimates Preliminary Budget Overview and Summary COUNCIL OPERATIONS COMMITTEE 10/21-11/3 Budget Review SPECIAL OPERATIONS MEETING 11/10 Budget Review and Recommendation COUNCIL REGULAR 11/17 ® First Opportunity for Adoption of 2010 Budget Adoption of 2009 Tax Levy Ordinance for 2010 Budget SPECIAL OPERATIONS MEETING 11/24 Budget Review and Recommendation COUNCIL REGULAR Final Opportunity for Adoption of 2010 Budget 12/8 Adoption of 2009 Budget Amendments 5/13/2009 E y U) O Ln l0 00 � Ln O 0) Ln Ln M 1p M Ln Ln Ln O t0 � Ln V r� 14 O O O 14 O *4 O O Ln � 0 6 1- r� O O 1; N O O L v ifl- 4fl- id)- i& if/ ifl- i� ifl- ifr ifl c i� if)- ifl- {Pr 4A ifs ifl- ifs ifs V E a N W c O � m � Q Gul Q G p� o c O 47 T C 4, la :3 O u m 3m o u l L Y 4 O a� w- 0) LJ N a 7 N U U L. o a u 0 O 3 = U c O C J c O L c O �Ca c � `° c v = Y O ra c m O tn O OC (U cu o. Z a) _ O ai a o : c � � ce og c � Q O c w < N v) (n p � N Y 0 E N c o ,c O c O °-J c Zn >. Y c O ) O O > p Q Y N L ° o a ro a o °; 0 6 rco '� v E 9 'O a m `1 O t W Ln M 'O O () 4-+ O O J v � O +� c CD a_ Cf � a) � u a � N � w off f0 L N ,-I U a) (0 4-J .i a) En L m �(U 0 LL 0 c U O C � O O 4.,fu a) L u cva) Lw 4-1cu LnN � ua � E = aEt � u � O O O 7 v E E 00 c- - E N N O E ro w w 0 U 7 c n d N D n N N 0 a d U W W t0 I- N V) Y PANTHER LAKE ANNEXA TION TIMELINE 2006 City Council Strategic Plan calls for development of annexation strategy 2007 Preliminary studies of the Panther Lake Annexation area are presented to Kent City Council in two workshops 2008 Additional studies conducted, primarily financial, and presented to City Council May 2008 Council directs staff to analyze feasibility of annexing Panther Lake area Sept. 2, 2008 Council passes resolution of intent to annex the Panther Lake area Sept. 5, 2008 Kent submits Notice of Intent to King County Boundary Review Board (BRB) Oct. 28, 2008 King County BRB holds public hearing on annexation proposal Nov. 13, 2008 King County BRB votes unanimously to approve annexation Dec. 15, 2008 Appeal period ends - no appeals filed CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) EAST HILL ELEMENTARY SCHOOL HANDHELD INSTRUMENT PERFORMANCE D) PUBLIC SAFETY REPORT E) DIAMOND AWARD WINNERS - COMMUTE TRIP REDUCTION F) WHEEL OPTIONS STATEWIDE GRAND PRIZE WINNER i iKent City Council Meeting Date May 19. 2009 iItem No. 6A - 6B CONSENT CALENDAR 6. City Council Action: ' Councilmember moves, Councilmember � seconds to approve Consen Calendar Items A through M. Discussion Action YY) G 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of May 5, 2009. 6B. Approval of Bills. No numbers were available. 1 i 1 i Kent City Council Meeting KENT W A S N I N O T O N May 5, 2009 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Clark, Danielson, Ranniger, Raplee and Thomas. Councilmembers Albertson and Harmon were excused from the meeting. (CFN-198) ! CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Council President Raplee added Consent Calendar Items L and M, and CAO Hodgson removed Public Communications Item G, added Public Communications Item I, and removed Other Business Item B. ! B. From the Public. (CFN-198) There were no changes from the public. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Parks Director Watling announced that Town Square Plaza has received awards from both the Washington Recreation and Parks Association and the Washington Aggregate and Concrete Association. B. Community Events. (CFN-198) Councilmember Ranniger announced the Junior Olympics to be held on May 6 at French Field, and Mayor Cooke invited anyone interested to attend a public meeting regarding the Howard Hanson Dam at Green River Community College at 6:00 p.m. on May 11. ! C. Drinking Driver Task Force Poster Contest Awards. (CFN-122) Cesi Velez of the Drinking Driver Task Force introduced the winners of the poster contest and displayed the award-winning posters. Mayor Cooke then presented each with a Certificate of Achievement. ! D. Letter Carrier's Food Drive Day Proclamation. (CFN-155) Mayor Cooke announced that Saturday, May 9, is Letter Carrier's Food Drive Day across the nation. Karen Kirkmeyer-Wilson explained the program and encouraged everyone to ' participate. Mayor Cooke then presented her with a proclamation. E. Washington State Dept. of Health "Friends of Water" Recognition. ' (CFN-155) Public Works Director Blanchard introduced Sean Bauer, Water Quality Supervisor, and Brad Lake, Water Superintendent. Denise Clifford, Director of the Office of Drinking Water at the State Department of Health, noted that Bauer and Lake have put forward a lot of effort and commitment into ensuring the safety and reliability of the drinking water for the citizens of Kent and neighboring communities. She then presented them with "Friends of Water" awards. ' F. Employee of the Month. (CFN-147) Parks Director Watling introduced Lori Flemm, Superintendent of Parks and Open Space, who has been selected as Employee ' of the Month for May. He noted that she oversees parks planning and development, and parks operations and maintenance, and commended her for the excellent work 1 Kent CityCouncil Minutes May 5 2009 Y she does. Mayor Cooke then resented Ms. Flemm with the Employee of the Month Y P plaque. G. Neighborhood Council U date. CFN-1304 This item was removed from the agenda. H. Legislative Update. (CFN-198) Michelle Witham noted that the State , Legislature has adjourned and updated the Council on the status of issues of interest to Kent. She added that a special session may be held. Doug Levy then answered questions from Councilmembers on various issues. I. HiNl(Swine Flu) Update. (CFN-122) Fire Chief Schneider gave a presentation on the H1N1 virus and what the City has done to deal with it. (ADDED ITEM) J. Municipal Clerk's Week Proclamation. (CFN-155) Mayor Cooke announced that May 3-9, 2009, is Municipal Clerks Week in the City of Kent and presented City Clerk Brenda Jacober with a proclamation offering thanks to her and her staff for the vital services they perform. CONSENT CALENDAR ' Raplee moved to adopt Consent Calendar Items A through M. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of April 21, 2009, 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 21, 2009, were approved. , Approval of checks issued for vouchers: Date Check Numbers Amount 3/31/09 Wire Transfers 3657-3678 $2,764,781.45 3/31/09 Regular Checks 630619-630996 3,601,931.01 Void Checks 630754-630837 -61.13 , Use Tax Payable 952.13 $6,367,603.46 Approval of payment of the bills received through April 15 and paid on April 15 after 1 auditing by the Operations Committee on April 21, 2009. Approval of checks issued for vouchers: Date Check Numbers Amount 4/15/09 Wire Transfers 3679-3697 $1,882,977.24 ' 4/15/09 Regular Checks 630997-631591 1,077,808.60 Void Checks 639661 -675.00 Use Tax Payable 3,532.63 , $2,963,643.47 2 Kent CityCouncil Minutes May 5, 2009 Void and Reissue Interim Batch Payroll for April 2, 2009 r ' Date Check Numbers Amount Void Advice # 246925 ($3,171.07) Reissue Check # 311173 1,777.08 Void and Reissue Interim Batch Payroll for April 7, 2009: Y P Date Check Numbers Amount Void Advice # 310857 ($16.79) Reissue Check # 311174 16.79 $0.00 Checks issued for payroll for April 1 through April 15 and paid on April 20 2009 were approved: Date Check Numbers Amount 4/20/09 Checks 311175-311460 $ 172,761.36 4/20/09 Advices 247307-248080 1,564,303.37 $1,737,064.73 C. 2009 Group Health Cooperative Contract. (CFN-149) The Mayor was authorized to sign the 2009 Group Health Cooperative contract for the City's insured HMO plan. D. ICMA Retirement Corporation Deferred Compensation Contract. (CFN-149) The Mayor was authorized to sign the ICMA Retirement Corporation Services Contract for the City's deferred compensation program, subject to final terms and conditions acceptable to the City Attorney. E. South 268th Street Right-of-Way Dedication Deed. (CFN-1038) The Mayor was authorized to sign the deed dedicating the right-of-way, for South 2681h Street. In 1971, South 2681h Street, located between Military Road and Princeton Avenue, was widened. The street widening required 30 feet of right-of-way along the south side of Glenn Nelson Park. It was recently discovered that the right-of-way was not dedicated making this action necessary. F. Military Road Right-of-Way Dedication Deed. (CFN-1038) The Mayor was authorized to sign the deed dedicating the right-of-way for Military Road. A sidewalk is being added at the northeast corner of Military Road and S. 268th Street as part of the pedestrian sidewalk improvements project. An additional 3 feet of right-of-way, plus a triangular section at the corner, is required for the sidewalk. This right-of-way is within Glenn Nelson Park, which is owned by the City. G. 2008 Community Development Block Grant Action Plan Amendment. (CFN-493) The 2008 CDBG One-Year Action Plan Amendment to re-allocate $211,080 to the KYFS Watson Manor Roof Replacement Project, and $70,145.00 to the Kiwanis Tot Lot #1 Project was approved. 3 Minutes May 5 2009 Kent City Councily , H. 2009 Community Development Block Grant Action Plan Amendment. (CFN-493) The 2009 CDBG One-Year Action Plan Amendment to re-allocate , $60,000.00 to the Kiwanis Tot Lot #1 Project was approved. I. Habitat Conservation Plan (HCP) Contract Amendment. (CFN-1038) The Mayor was authorized to sign an amendment with R2 Resource Consultants in the ' amount of $49,663.80, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. This contract amendment will provide the City of Kent technical assistance to ' P Y complete the Final Habitat Conservation Plan (HCP) and the associated Final Environmental Impact Statement (EIS) required for the issuance of an Incidental Take ' Permit from the US Fish and Wildlife Service and the National Marine Fisheries Service (Services) for the Clark Springs Water Source. J. Limited Street License Between the City and Electric Lightwave, LLC. , (CFN-274) The Mayor was authorized to sign a limited street license agreement between the City of Kent and Electric Lightwave, LLC. ' Electric Lightwave, Inc., operated under a franchise agreement previously entered into with the City on December 4, 1991, per City Ordinance No. 3040. Ordinance ' No. 3040 expired on May 4, 2002. Electric Lightwave seeks to maintain its telecommunications system within the City and has requested that the City grant a license to use City right-of-way for this purpose. ' K. West Fenwick Park Restroom Building/Park Improvements Proiect. (CFN-118) The West Fenwick Park Restroom/Park Improvements Project was accepted as complete. On February 5, 2008, Council awarded the Public Works Agreement to Rodarte Construction to complete the West Fenwick Park Restroom Building/Park Improvements. The project is complete and was approved by the , Project Manager on April 8, 2009. (ADDED ITEM) ' L. Excused Absence. (CFN-198) An excused absence from tonight's meeting for Councilmember Albertson was approved. (ADDED ITEM) ' M. Excused Absence. (CFN-198) An excused absence from tonight's meeting for Councilmember Harmon was approved. , OTHER BUSINESS A. Professional Consulting Services Contract with AMTEC for Tax-Exempt , Bonds and Notes. (CFN-104) Finance Director Nachlinger explained that the Internal Revenue Code requirements for tax-exempt bond and notes are very complex, and recommended that this service continue to be performed by a firm , which specializes in that field. He noted that Requests for Proposals were sent out and that AMTEC's (American Municipal Tax Exempt Compliance Corporation) proposal came in lower than the current provider's. He noted that he checked references and obtained a client list and recommended awarding the bid to AMTEC. Clark and 4 , Kent City Council Minutes e y u e May 5, 2009 1 Thomas said they struggled led with the decision because of loyalty to the current Y Y ' provider. Clark moved to authorize the Mayor to sign an agreement with AMTEC for arbitrage services regarding IRS reporting of the City's tax exempt bonds and notes, with an initial five-year term and two optional five-year extensions, the cost of such services to be within available budgets and the agreement, subject to final terms and conditions acceptable to the City Attorney. Raplee seconded and the motion carried. B. Lake Meridian Outlet Project/Cascade Proiect/Cascade Mobile Villa Ass ciat s Condemnation. (CFN-1038) This item was removed from the agenda. C. Lake Meridian Outlet Project/Cascade Mobile Villa Associates Agreement for Acquisition of Environmental Easement. (CFN-1038) Project Manager Beth Tan of the Public Works Department, Environmental Engineering section, explained the project and why the condemnation ordinance was removed from tonight's agenda. Tan clarified that none of the mobile home lots in the park will be affected. Ranniger moved to approve the Agreement for Acquisition of Environmental Easement for the Lake Meridian Outlet Project, and authorize the Mayor to sign the Agreement, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Raplee seconded and the motion carried. BIDS A. North Park Sanitary Sewer Rebuild Phase II. (CFN-1004) The bid opening was held on April 28, 2009, with eight bids received. The low bid was submitted by Pivetta Brothers Construction. Deputy Public Works Director LaPorte explained the ' project and the overall sewer system. He noted that this project is fairly routine and recommended award of the contract to the lowest responsive bidder. He explained that it was made clear to all bidders that they must follow the requirements for handling contaminated materials, and explained that process. Ranniger moved to authorize the Mayor to enter into a contract to award the North Park Sanitary Sewer Rebuild Phase II (between 4tn Avenue N. to 3rd Avenue N., north of Cloudy Street) project to Pivetta Brothers Construction in the amount of $403,004.36. Raplee seconded and the motion carried. REPORTS A. Council President. (CFN-198) Raplee announced that City Councilmembers would like to attend Neighborhood Council meetings to present a brief overview of the Budget and Strategic Goals, and get feedback from them. She urged any interested Councils to contact the City. B. Mayor. (CFN-198) Mayor Cooke noted the Mayors Leadership Team met recently to begin evaluating the programs and budget for 2010. ' C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. 5 Kent CityCouncil Minutes May 5 2009 Y , E. Planning and Economic Development Committee. (CFN-198) No report was given. F. Public SafetyCommittee. CFN-198 Thomas noted that the committee will ,( ) meet on Tuesday, May 12, 2009, at 5:00 p.m. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) Hodgson reminded Councilmembers of the Executive Session to discuss surplus property, property acquisition, and two items of pending litigation. He said it should take approximately twenty minutes and that no action will be taken afterward. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:40 p.m. and reconvened at 9:00 p.m. 1 (CFN-198) ADJOURNMENT ' The meeting adjourned at 9:00 p.m. (CFN-198) Brenda Jacober, CMC City Clerk ' 6 Kent City Council Meeting Date May 19, 2009 Category Consent Calendar - 6C 1. SUBJECT: MAPCON MAPPING CONTRACT FOR 2009 DIGITAL AERIAL PHOTOGRAPHY - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with Mapcon Mapping Inc. in the amount of $114,250 for aerial photographic mapping services, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The contract with Mapcon Mapping Inc is to assemble the aerial photographs into one large photo montage, remove distortion and align the photo with the City's surveying coordinate system. 3. EXHIBITS: Public Works Memorandum dated 4/23/09 and Mapcon Consultant Contract 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: 3 PUBLIC WORKS DEPARTMENT 4^,,o Larry R. Blanchard, Public Works Director • Phone: 253-856-5500 KEN T 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 23, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: May 4, 2009 From: Mark Howlett, Design Engineering Manager and Kurt Palowez, GIS Coordinator Through: Larry Blanchard, Public Works Director Subject: 2009 Digital Aerial Photography Project - Contract with Mapcon Mapping Inc. Motion: Move to recommend authorizing the Mayor to sign a contract with Mapcon Mapping Inc. for $114,250 for aerial photographic mapping services upon concurrence of the language therein by the City Attorney and Public Works Director. Background: Every two to three years the City of Kent hires a firm to produce aerial photography of the City and surrounding areas. The existing photography was flown in 2006 and has become relatively obsolete. These photographs form a vital part of the City's Geographic Information System (GIS) and are used in various ways by all departments in the City. In addition to the citywide photography, this contract also includes aerial photographs of ' the City's watershed areas and the preparation of a highly detailed digital model of the Green River levee system for use in levee reconstruction projects. The contract with Mapcon Mapping Inc. is to assemble the aerial photographs into one large photo montage, remove distortion and align the photo with the City's surveying coordinate system. Budget Impact: There will be no unbudgeted fiscal impacts as a result of this contract. UP IPWCommateel4cnonPageW 04 09M DigitalAnalPhotographvContractMapcon doc 5 1� N KENT WASH IN O T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and Mapcon Mapping Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Mapcon Mapping Inc. organized under the laws of the State of Utah, located and doing business at 4545 South 2300 East, Salt Lake City, Utah 84117, Phone: (801) 277-9853/Fax: (801) 277-6219 (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 produce new color digital orthophotos, topographic and planimetric mapping for the City of Kent and the surrounding area. For a description, see the Consultant's 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 October 31, 2009. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Fourteen Thousand, Two Hundred Fifty Dollars ($114,250.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed 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) 6 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 t disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Consultant maintains and pays for its own place of business from which , Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business ' Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and , earnings of its business. 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 1 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 7 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide 1 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 8 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 the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 9 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 WITNESSr the parties below execute this Agreement, which shall become 9 i effective on the last date entered below. CONSULTANT: CITY OF KENT: By: B Y Y: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Ian Sanderson Larry R. Blanchard Mapcon Mapping Inc. City of Kent 400 4585 Canada Way 220 Fourth Avenue South Burnaby, BC Canada V5G 41-6 Kent, WA 98032 (778) 373-4644 (telephone) (253) 856-5500 (telephone) (604) 637-0028 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Mapcon Mappft-orthophoto Mappin9/Palowez CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 10 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The Cityof Kent is committed to conform to Federal and State laws regarding equal opportunity- As 9 g q 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 11 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equalemployment 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. Monitoringto assure adherence to federal state and local laws policies and guidelines. , P EEO COMPLIANCE DOCUMENTS - 2 iz CITY OF KENT l 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: , 1 1 l 1 EEO COMPLIANCE DOCUMENTS - 3 , EXHIBIT A 13 City of Kent 2009 Ortho hoto Mapping Scope of Work 1. Background The City of Kent acquired the following new color aerial photography in early 2009: Urban Ur Area Area: Kent City Limits and the Potential Annexation Area.(Urban Area as shown on Figure 1) Scale: 1"=425' Rural Area Area: Kent watershed area(Rural Area as shown on Figure 1) Scale: 1"=600' Green River Corridor Area: Green River corridor area(500 feet on either side of the river as shown on Figure 4) Scale: 1"=250' This project covers the production of orthophotos and topographic mapping from the aerial photography. 2. Scanning All aerial photography will be scanned at a resolution of 12 microns. 3. Ground Control Urban Area Approximately 102 ground control targets(80 existing City of Kent control and 22 additional points surveyed by Consultant for the 2006 project)will be transferred from the 2006 scanned aerial photo utilizing stereo comparator methodology. Rural Area City will provide 5 new ground control targets. Green River Corridor City will provide 10 additional new control points. 4. Aerial triangulation Aerial Triangulation(AT) shall meet or exceed ASPRS Class One Accuracy standards. Consultant shall not proceed with DTM collection until AT results have been approved by City. 5. Digital Terrain Model Urban Area Consultant will inspect the existing 2006 DTM and update where necessary for 14 the 2009 orthophoto rectification only. Updates will be delivered in a DTM (X, Y, Z ASCII format)with a feature code for the revised data. Rural Area Consultant will create a new DTM for ortho-rectification purposes only. This data will be delivered in X, Y, Z ASCII format. Green River Corridor Consultant will create a new DTM suitable for Orthorectification and the generation of I foot contours. This data will be delivered in X, Y, Z ASCII format. , 6. Orthophotos Consultant shall produce new orhophotos that meet ASPRS Class One Accuracy standards as follows: Urban Area Pixel sixe: 3 inches Rural Area Pixel sixe: 6 inches Green River Corridor Pixel sixe: 3 inches All Orthophotos shall be tone matched and colour balanced to match pilot area samples approved by City. Mosaic lines shall not cross through buildings, bridges or other fabricated structures not at ground level. Tiling schemes shall be as described in the RFP. 7. Contours Consultant shall produce new contours that meet ASPRS Class One Accuracy standards as follows: Urban Area None required Rural Area None required Green River Corridor One foot contours &. Planimetry Urban Area Limited Planimetric updates Rural Area ' 15 None required Green River Corridor Full planimetrics 9. Deliverables Urban Area a) Final DTM(X, Y, Z ASCII format) b) Uncompressed TIF/TFW files c) WSID composites d) Seamless project-wide ESRI shapefile e) Limited planimetrics Rural Area a) Ortho quality DEM ((X, Y,Z ASCII format). b) MrSID composites Green River Corridor a) Final DTM(X, Y, Z ASCII format) b) Uncompressed TIF/TFW ortho files c) MrSID ortho composites d) Seamless project-wide ESRI shapefile: e) Full planimetrics f) One foot contours g) Spot elevations 10. Schedule The target date for product delivery is October 31, 2009. This schedule below presents a tentative timeframe for the work. ar Pr ay un- u• ug ov Selection of contractor IA- Aerial ptMo contract skjiurd Final Fligbt Line Plan approval Air Photo Acquisition&film procMN Contract ne otlatons Ma n Final contract executed Project ram u telephone conference Scanning Ground Survey Tranfer Aerial Tdangulatlon&Reports DEM collection ormophoto Pilot.&approval Ortho to roduction Planirtretrlc collection Final Product delivery Final deliveryreview Pro ect Close 10. Pricing 16 Task cost Task 1. Urban Area: Kent City Limits and Potential Annexation Area (Figure 1) Update 2006 1"=425' aerial photography, 0.25 foot pixel color $55,000.00 orthophotography.limited planimetric update Task 2. Rural Area: Kent Watersheds Water Transmission Mains And Landsburg Mine Site(Figure 1) $25,000.00 Acquire new 1"=600' aerial photography, 0.50 foot pixel color orthophotography and an ortho quality DTM. Task 3 Green River Corridor: For FEMA Floodpiain Analysis And Levee Repair Studies. Acquire new 1"=250' photo scale high resolution color $34,250.00 orthophotography and one foot contour topographic mapping for the Green River inside Kent City Limits.. Very detailed planimetric mapping will be extended to 500 feet on either side of the river. Total Cost* $114,250 i 11. Payments Payment shall be made as follows: Milestone Description Expected Amount i Number Completion Date 1 Scanning June 15, 2009 11,000 2 Aerial triangulation July 15,2009 12,000 3 DTM August 15,2009 15,000 4 Planimetrics September 30,2009 35,000 5 Ortho hotos Se tember31,2009 25,000 6 Final deliverables October 15, 2009 16,250 Total 114,250 tl,,'J d ,A' ..f/ 6 � 1�'T L 3 f'Y �"•'-l 'X� y � it fU .:r z 4 � i n� :" `ufi +"` _.• y r r'; �-, ' a i s'�as..rsa ', 1 5t ` } x li s 1�£"(I, �11 v tI,� -� . '� r� ' �iY d5•� j u ry �,` LU - I �fr t pd !ti s t " �, ' -. ,•C } t � `ur�.,r l'1� R I II +T, I '`t y., Ts it+4 4.rt fI 11J AiS t a' 5 5�rr4 Sc �.-.--.(' y"�n rt�r t,: � j)3 r t- �: f . ,�r r`t .e r r �_i �� {� � � t~y : <.Y � F•i< as l !1 I wig Wk II� YG`t L 14- 1 1 18 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial Gengral Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. AutoMobile Ligbilityinsurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Cgmmergigl General Llability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. i 19 EXHIB IT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made 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 ANII. 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. 20 i CERTIFICATE OF INSURANCE I uE DATE0 3/ (2a12009 M 2oD9 BROKER This certificate Is Issued as a manor of information only and confers no rights upon the certificate holder.This certificate does not amend,extend Hub International Insurance Brokers(TOS) or after the coverage afforded by the policies below. 3075 Henning Drive Company Burnaby,BC VSC 8NS A American Home Assurance Company 004-203-1481 Bonnie Finch Company InterK, ompany INSURED'S FULL NAME AND MAILING ADDRESS C Mapcon Mapping Inc. Company 4545 South 2300 East Salt Lake City,UT$4117 D ompany E Cl EiteS This is to certify that the policies of insurance listed below have been Issued to the insured named atxrve for the policy period indicated,not withstanding 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.limits shown may have been reduced by paid claims. TYPE F RAN POLICYNUMBER P Y CTIVE POLICY EXPIRATION UNITS OF LIABILITY LTR DATE 11AMIDD/YY) DATE(MM/D Canadian dollars unless Indlceted otherwise) COMMERCIALGENERALUABILUY A 5485878 11/30/20D8 11/3D/2009 EACH OCCURRENCE $ 2,000,00D []CLAIMS MADE GENERAL AGGREGATE $ 2,00D,000 ®OCCURRENCE PRODUCTS-COMP/OP $ P-000 00D ©PRODUCTS AND/OR AGGREGATE COMPLETED OPERATIONS PERSONAL INJURY $ 2,000,000 ©PERSONAL INJURY EMPLOYER'S LIABILITY $ []EMPLOYER'S LIABILITY TENANTS LEGAL LIABILITY $ 2,000,000 rTpplI TENANTS LEGAL LIABILITY NON-OWNED AUTOMOBILE $ 2,000,000 L�T HIRED AUTOMOBILE $ ®NON-OWNED AUTOMOBILE Q HIRED AUTOMOBILE AUTOMOBILE LIABILITY BODILY INJURY DESCRIBED AUTOMOBILES PROPERTY DAMAGE $ [�ALL OWNED AUTOMOBILES COMBINED []LEASED AUTOMOBILES" BODILY INJURY $ (Per person) GARAGE LIABILITY BODILY INJURY ❑ (Per accident) $ ALLAvroMOSILEsteAsm IN Pxcess of30 PROPERTY DAMAGE DAYSM FtETWMSVAWISfW0I.RF Dro $ PAOVWe 1NWRANM EXCESS LIABILITY EACH OCCURRENCE $ []UMBRELLA FORM OTHER THAN UMBRELLA FORM AGGREGATE $ OTHER(SPECIFY) $ i $ $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/AUMMOBILES/SPECIAL ITEMS/ADDITIONAL INSURED All Limits in US Funds. The Certificate Holder Is added as an Additional Insured but only insofar as their legal liability arises vicariously out of the negligent operations of the Named Insured with respect to New Color Aerial Photography for the City of Kent. CERTIFICATE HOLDER ELLAMON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOUR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE NOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE City of Kent 220 Fourth Avenue South + " Kent,WA 98032 Par: Page 1 of 1 75WSMFWH 21 Assessment Department Location Clearance Section ' SAFE BC Mailing Address 6951 Weshninster Highway Telephone 604 244 6180 PO"'Ixx 5350 Richmond BC Toll Free within Canada WORKING TO MAKE R DIFFERENCE Station Terminal V7C 106 1888 922 2768 Vancouver BC V66 51_5 www.worksafebc.com Fax 604 244 6390 Cityof Kent March 24,2009 220 Fourth Avenue South KENT,WA 98032 United States Person/Business:MAPCON MAPPING LTD 612069 AQ(017) This letter provides clearance information for the purposes of Section 51 of the Workers Compensation Act We confirm that the above-referenced firm is active,In good standing,and has met WorkSafeBC's criteria for advance clearance. Accordingly,if the addressee on this letter Is the prime contractor,the addressee will not be held liable for the amount of any assessment payable for work undertaken by the above-referenced firm to April 01e 2009. This firm has had continuous coverage with us since April 01, 1998. Employer Service Centre Assessment Department Clearance Reference#: C125437056 CLRAAA•5 For more information about Section 51 and clearance letters visit WorkSafeBC.com Ploeae WOW yawacwL W number In ymr ooneapandence or when emledbg pie Asaeas~tDoWmeal. To alter this document constitutes fraud. -1- 22 ENDORSEMENT NO.24 This endorsement,effective 12:01 A.M. MARCH 24,2009 forms apart of Policy No.: 5465878 I, issued to OSI GEOSPATIAL INC.ET AL by AIG COMMERCIAL INSURANCE COMPANY OF CANADA �f for HUTS TNTBRNATIONAL INSURANCE BROKERS I{ ;I ADDITIONAL INSURED ENDORSEMENT Form CIC0457 (Amended) � l It is agreed that the following is added as an Additional Insured) but only in respect of liability arising out of the � Named Insured's premises or operations. CITY OF KENT `� l 220 Fourth Avenue South Kent,WA 98032 This Additional Insured will be provided 30 days written notice of cancellation of this policy. f ii I ' l March-30,2009 Date AIG Commercial Insurance C pany of Canada M 1 23 WCF March 25, 2009 RECEIVED Attn: NANCY YOSHITAKE MAR 3 0 2009 CITY OF KENT CITY OF KENT 220 FOURTH AVE KENT WA 98032 ENGINEERING DEPT CERTIFICATE OF INSURANCE This will certify that: MAPCON MAPPING INC PO BOX 171078 SALT LAKE CITY UT 84117-1078 Policy Number 1381164 has an active Workers Compensation and Employers Liability policy in accordance with the provisions of the Utah Workers Compensation Act for the period 7/1/2008 to 7/1/2009 at 12 : 01 A.M. If the policy is cancelled prior to the policy expiration date of 7/1/2009 you will be notified. Employer' s Liability: Each Accident: 1, 000, 000 Disease - Policy Limit: 1, 000, 000 Each Employee: 1, 000, 000 Job Reference: (A job-site location is the only valid entry in this section. Any other language or representation is invalid and in no way extends or alters the coverage issued. ) Workers Compensation fund a 392 East 6400 South ® Salt Lake City, Utah 84107 ® 800-446-COMP 0 www.wcf rou .com P Y� g P Kent City Council Meeting Date May 19, 2009 Category Consent Calendar - 6D 1. SUBJECT: KING COUNTY INTERLOCAL AGREEMENT RE TRANSFER OF PROPERTIES - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Interlocal Agreement between King County and the City of Kent relating to the transfer of two County-owned parcels used principally for drainage to the City of Kent, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. King County wishes to transfer two drainage parcels supporting the Southeast 240th roadway. One parcel is identified as King County tax parcels numbers 162205-9127 and was part of the DeMarco annexation which took effect on June 27, 2001, and the second parcel is identified as parcel number 222205-9009 and was part of the Meridian Valley annexation, which took effect on July 1, 1997. Transfer of these two parcels is required for ownership purposes by the City as a result of the referenced annexations so the City can continue maintenance as required. 3. EXHIBITS: Public Works Memorandum dated 4/27/09 and Interlocal Agreement 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: 63 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 •K Fax: 253-856-6500 ■ ENT ■ W A 5 H I N O T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 27, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: May 4, 2009 From: Mike Gillespie, Development Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Interlocal Agreement between King County and the City of Kent relating to the transfer of two County owned parcels Motion: Move to authorize the Mayor to sign the Interlocal Agreement between King County and the City of Kent relating to the transfer of two County owned parcels used principally for drainage to the City of Kent. Summary: Y The City and the County entered into an Interlocal agreement relating to improvements on Southeast 240th Street on May 5, 1996. The County acquired properties for use as drainage facilities. iThe two drainage parcels supporting the Southeast 2401h roadway, identified as King County tax parcel numbers 162205-9127;as part of the DeMarco annexation effective June 27, 2001 and 222205-9009; as part of the Meridian Valley annexation, effective July 1, 1997. The County wishes to transfer the Parcels to the City so that the City can properly maintain them as needed. Budget Impact: There will be no unbudgeted fiscal impact as a result of this agreement. U WWCommttMAcuonPage105 04 0911nterlocalAgrmntBtwnKCandCi"lKeniDramagePonds doc 65 j AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT RELATING TO THE TRANSFER OF COUNTY-OWNED PROPERTIES THIS IS AN INTERLOCAL AGREEMENT between King County, a home rule charter county, a political subdivision of the State of Washington, hereinafter referred to as the "County," and the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as the "City." A. The City and the County entered into an interlocal agreement relating to improvements on Southeast 240t" Street on May 5, 1996. The County acquired properties for use as drainage facilities. These properties are known as King County Tax Parcels 162205-9127 and 222205-9009 (the "Parcels"). The drainage facilities sited on these Parcels are critical to the integrity of the roadway because they provide for necessary drainage. B. The City annexed Parcel 162205-9127, as part of the DeMarco annexation effective June 27, 2001. The City annexed Parcel 222205- 9009 as part of the Meridian Valley annexation, effective July 1, 1997. C. The County wishes to transfer the Parcels to the City so that the City can properly maintain them as needed. The Parcels are legally described in Exhibit 1, attached and incorporated herein. D. The City desires to accept the Parcels. E. The Parcels are considered surplus to the needs of the County's Road Services Division, the custodial agency, and do not meet the County affordable housing criteria. F. The City requests that the County transfer the Parcels to the City for maintenance of the properties in their natural condition as a reserve for future use, or if necessary, for drainage-related repairs or other purposes related to the maintenance and operation of adjacent roadways. r 66 G. The County is willing to comply with the City's request for the transfer of the Parcels for the strict purpose of maintaining the properties in their natural condition, facilitating any future drainage-related repairs, or other purposes related to the maintenance and operation of adjacent roadways. NOW THEREFORE, pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, and in consideration of the terms and conditions contained , herein, it is mutually agreed by the County and the City as follows: 1. COUNTY RESPONSIBILITIES 1.1 Within thirty (30) days of the execution of this Agreement by the parties, the County shall transfer to the City, ownership of the Parcels by quit claim deed. 1.2 Upon the transfer of the Parcels, the parties agree that the County shall have no further commitment or obligation to the City related to or arising from adjacent roadways or the Parcels. 2. CITY RESPONSIBILITIES 2.1 The City will maintain the Parcels in their existing condition, and the City will use the Parcels to facilitate future drainage related repairs, or other purposes related to maintenance and operation of adjacent roadways. 2.2 The deed to the properties shall contain all reservations of record known to the County, and the following specific covenant pertaining to use: The Grantee shall maintain the property in its existing condition and may only use the property for drainage purposes related to the adjacent portion of Southeast 240th Street, or other purposes related to the operation and maintenance of said roadway and for no other purpose without the prior written consent of the King County Road Engineer. 67 2.3 The City will reimburse the County the full market value of any portion of the Parcels transferred pursuant to this Agreement that is used for purposes not authorized by this Agreement. 3. DURATION This Agreement shall be effective upon execution by both parties, and shall continue in force and in accordance with the terms of this Agreement, or until this Agreement is terminated in writing by mutual consent of both parties. 4. INDEMNIFICATION Washington State law shall govern the respective liabilities of the parties to this Agreement for any loss due to property damage or injury to persons arising out of activities conducted pursuant to it. 5. AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this contract shall be subjected to inspection, review or audit by the City or the County at the requesting party's sole expense during the term of this Agreement and three (3) years after expiration or termination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 6. WAIVER OR AMENDMENTS Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. This Agreement shall not be modified or amended except by an instrument, in writing, signed by the parties hereto. 1 7. ENTIRE AGREEMENT This Agreement is the complete expression of the terms hereof and any representations or understandings, whether oral or written, not incorporated herein are excluded 68 8. INVALID PROVISION If any provision of this contract shall be held invalid, the remainder of the agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the date last signed below, KING COUNTY CITY OF KENT KING COUNTY EXECUTIVE CITY MAYOR DATE DATE Approved as to From: King County Deputy Prosecuting Attorney City Attorney 69 Exhibit 1 Parcel # 162205-9127 Lot 4, King County Short Plat Number 386068 as recorded under Recording Number 8806160131, said short plat being a portion of the south half of the east half of the southeast quarter of the southwest quarter of Section 16, Township 22 North, Range 5 East, W.M., in King County, Washington; TOGETHER WITH an easement for ingress, egress and utilities over Tracts "X" and "Y" as delineated on said Short Plat, and as delineated in King County Short Plat Number 584040R, as recorded under Recording Number 8804200941; EXCEPT that portion of Tract "Y" lying within the main tract herein. Parcel # 222205-9009 That portion of the North 666.44 feet of the west 1/2 of the northwest 1/4 of the northwest '/a of Section 22, Township 22 North, Range 5 East, W.M., lying southerly of the SE 240th Street right-of-way; Except the North 417.50 feet of the West 313.125 feet, and the South 248.94 feet of the West 330.30 feet thereof; Subject to: EASEMENT AND CONDITIONS CONTAINED THEREIN, AS GRANTED BY INSTRUMENT: Recorded September 18, 1960 Recording No. 599747. EASEMENT AND CONDITIONS CONTAINED THEREIN, AS GRANTED BY INSTRUMENT: Recorded May 1, 1969 Recording No. 6504544. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: Recorded March 26, 1980 Recording No.: 8003260597. 5 71 STORM PONDS IN CITY OF KENT - - \ TKING=COCA _ �. t '� �` t i Gm- IL. / a 0[-LULJI t, Tri — Y - _.(,oil III'i_ I Th I ••�. , Wit., �rll�_ ...` _ �_ - I"-- - r- SE 240 St ,+ _ _ !� 16220591275 � �- �- 22220590KENT 09 UTT LAKF v I -7 SE 248 St _ I 1 L - �rT1 rmTrr, T ,-� E 1 ,y s IN _ I : ❑ —Storm Ponds Template mxd 73 STORM POND - 2222059009 MERIDIAN PLAZA/QFC --- ---� , 9 . ev _ _ _ _ _ _ - - - - - � `� � �� _SE240_St '� 77 7 �3t-. but � „1p �._ Rom- F� �a Y a.•y`.- '� A _ y-V- ITh Manf`Hme ` Vac Lnd � W E KELLYS LATTE 17, Storm Ponds Template Ortho mxd 75 STORM POND - 1622059127 Pt M „jt c ^Z a� w 162205912T T Y a - - - - - - - - - - - - - - - - — — — SE240St y� _ _ — _ — � — — — — — — — — — — "� �a e� ,x E Storm Ponds Template Ortho mxd ' Kent City Council Meeting Date May 19, 2009 Category Consent Calendar - 6E 1. SUBJECT: 2009 DESIGN & CONSTRUCTION STANDARDS ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. amending Chapter 6.02 of the Kent City Code (KCC) to adopt the 2009 City of Kent Design & Construction Standards, repealing Chapter 7.08 KCC regarding side sewers to adjust the threshold amount for mitigation requirements and to incorporate grading and excavation regulations into the Standards. ' The Standards have not been comprehensively updated since 1992, with the exception of minor modifications as approved by the Public Works Director. Over the past two years, staff has worked to complete a thorough review and update of the Standards and details. Side sewers are now regulated through these Standards. The Standards will also apply to excavation and grading which is otherwise regulated by KCC 14.01.030. Council comments offered at the November 3, 2008, Public Works Committee meeting have been incorporated into the Standards. A public hearing on the final 1 draft was duly noticed and held before the Land Use and Planning Board on February 23, 2009. The Standards were submitted to the Washington State Office of Community, Economic and Trade Development for expedited review. No comments were returned. 3. EXHIBITS: Public Works Memorandum dated 4/29/09 and Ordinance ' 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: 77 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: April 29, 2009 To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: May 4, 2009 From: Mike Gillespie, Development Engineering Manager Through: Larry Blanchard, Public Works Director Subject: 2009 Design & Construction Standards and Adopting Ordinance Motion: Move to recommend that Council adopt the amendment of KCC ' 6.02 to adopt the 2009 City of Kent Design & Construction Standards, repeal KCC 7.08, regarding side sewers, adjust the threshold amount for mitigation requirements, and incorporate regulation of grading and excavation into the ' Standards. 1 Summary: The Design and Construction Standards (Standards) are utilized by both City staff and private design professionals when designing projects for construction in the City of Kent. The Standards provide the accepted processes and methods to be used for public and private infrastructure. The Standards have not been comprehensively updated since 1993, with the exception of minor modifications as approved by the Public Works Director. Over the past two years, staff has worked to complete a thorough review and update of the standards and details. Side sewers are now regulated through these Standards. The Standards will also apply to excavation and grading which is otherwise regulated by KCC 14.01.030. Council comments offered at the November 3, 2008, Public Works Committee meeting have been incorporated into the Standards. Public hearing on the final draft was duly noticed and held before the Land Use and Planning Board on February 23, 2009. The Standards were submitted to the Washington State Office of Community, Economic and Trade Development for expedited review. No comments were returned. At the April 6, 2009 Public Works Committee meeting, committee members asked staff to look into Street lighting issues. Results of that discussion are attached. Staff seeks Committee approval of the referenced amendments and repeal. Budget Impact: None P\Clvd\Mouon,-BlucSh,e,s\Consuucuon Standards-Mol,on docx ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington related to design and construction standards for infrastructure improvements, repealing Ordinance No. 3117; repealing chapter 7.08 of the Kent City Code, entitled "Side Sewer Code"; and amending chapter 6.02 of the Kent City Code entitled, "Required public improvements." RECITALS A. The City last developed and enacted construction standards Ifor public works related improvements on May 18, 1993. Since 1993 construction techniques have changed dramatically, necessitating revision to the City's construction standards. Public Works Department staff has worked to complete a thorough review and update of the standards and standard plans. B. As part of the review and development process, the City held focus group meetings with developers and other professionals on October 28 and 30 of 2008. A draft of the revised construction standards was also sent to King County Metro Wastewater Treatment Division for approval per the requirements of an Interlocal Agreement. On November 3, 2008 the City received approval of the draft from King County Metro Wastewater ITreatment Division. 1 Infrastructure Design and Construction Standards Amend 6.02 C. The State Environmental Policy Act (SEPA) responsible official ' has determined that the proposed code amendments are procedural in nature and further SEPA analysis is not required for these code amendments. D. On October 31, 2008, the City requested expedited review from the state of Washington, under RCW 36.70A.106, of the City's intent to adopt amendments to the subdivision code. Approval for expedited review was granted on November 3, 2008 and no comments were made after review. E. Public Works Committee considered these updates to the design and construction standards on November 3, 2008, and the Land Use and Planning Board held workshops on November 10, 2008 and February 9, 2009. The Board then held a public hearing on February 23, 2009, and the Public Works Committee considered the issues and the ' recommendation of the Board on March 16, 2009. The City Council adopted these amendments at its meeting on May 19, 2009. ' NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 ORDINANCE Section Z. - ReAealer. Ordinance 3117 of the City of Kent, enacting new construction standards for public works related ' improvements in the City of Kent, adopted on May 18, 1993, is hereby repealed. ' 2 Infrastructure Design and Construction Standards Amend 6.02 Section 2, - Repealer. Chapter 7.08 of the Kent City Code, entitled ' "Side Sewer Code," is hereby repealed in its entirety. Section 3. - Adopt. The City hereby adopts the 2009 Design and Construction Standards for infrastructure related improvements, attached hereto as Exhibit "A" and incorporated herein by this reference. Section 4. - Amendment. Chapter 6.02 of the Kent City code, entitled "Required Public Improvements," is amended as follows: CHAPTER 6.02 REQUIRED PUB16IG INFRASTRUCTURE IMPROVEMENTS Sec. 6.02.010 Standard speelifileations Construction Standards adopted. The City hereby adopts eI - ee--Tt-hc latest the 2009 City of Kent Design and Construction Standards ("Construction Standards") and all codes, standards and god-provisions cited therein in Section 1.6. One (1) copy of each-e€ these s}, FdsConstruction Standards is on file in the city clerk's office. Sec. 6.02.020 Intention. It is intended that the Construction 1 Standards standaFels adepted in KGG 6.02.010 shall become the base specifications and standards, , for the construction of- and improvements to city infrastructure including_ streets, alleys, lFights ef way, sanitary sewer systems, water distribution systems, storm drainage systems, and aN--other transportation, telecommunications and utility systems and associated appurtenances. ,faemties. It is also 3 Infrastructure Design and Construction Standards Amend 6.02 intended that the Construction Standards shall govern all permits for ' excavation and grading in the City and be applicable to the City's own , projects for public works. Sec. 6.02.030 Purpose. , A. The purpose of this chapter is to establish: 1. AwtheFity -The Intention of the city to require a building-each , developers for a development permit ("Developer") to make-construct or install reasonable publie- infrastructure improvements; andpffm-w* 2. PgProcedures that will be used—to determine the nature, extent and location extent and na"ufe of the requiredpFevide feff pub+feinfrastructure iffiffevengents andimprovements; and 3. eCCriteria that will be used to determine the nature, extent and location of the required publie-infrastructure improvements.s: B. The criteria established in this chapter do not satisfy or supersede b. ' additional requirements- imposedr-ed by the city ; ri,,;-� -z-i ir036 KGG -� - under other Code provisions or the State Environmental Policy Act. Sec. 6.02.040 Scope and exceptions. All development in the City will require infrastructure improvements as conditions of permit except when: This ehapter applies te---all--aubl:g W_astr etui-e 4 Infrastructure Design and Construction Standards Amend 6.02 ' 2A. An applieatienntThe permit is to make an additions, alterations or repairs of less than twefftyfifty thousand dollars ($250,000) in cost--Ya+ue to any esite as that term is defined in the Standards. This threshold amount shall be automatically= adjusted annually by the percentage increase or decrease in the Washington State Department of Transportation Construction Cost Index; or B. The permit is to make---an additions, alterations or repairs of fifty thousand dollars ($50,000) or more in costyelge to any site, adjusted annually by the Washir—t— - ate Depaftment of Tran eFt-at+en Genstr-wet-ien Gest indesuch threshold amount to be subject to the automatic adjustment described in the preceding subsection, if the Developeraftpjjgant proves to the Public Works Ddirector or his or her designee ("director")- that the additions alterations or repairs will result in no adverse impacts toee existing-tfte efinfrastructure; or C.3. _ The permit is to make wholly interior improvements within an existing structure. Provided, however, that if a Developeraftp+gMt chooses to make any infrastructure improvements for a development permit that would otherwise be exempt then; such improvements shall be in compliance with 5 Infrastructure Design and Construction Standards Amend 6.02 the Construction Standards.the or-eJe t is subjgcr to the relatedteFffiS ref this eha[)tef-. Sec. 6.02.050 General. 6.02.040,4heThe city shall require each Developers not etheFWise—exempted by this chapter to install or otherwise provide for the following infrastructure improvements in compliance with the Construction Standards: IA. Adequate rights-of-way and paved Feadwaysstreets, -2B. Street lighting systems (2) feeteandles at the nearest edge ef the paved Feadway; 7G. S*dewaks and walkways-en the same side of the s 4C9. Curbs-atgd,, gutters, sidewalks and landscaping; -5D.E. Storm drainage systemsi- EF. Sanitary sewer systems;, FG. Domestic water and fire systems: H. Traffic control systems;-ate I. Conduit for fiber optic systems..- Sec. 6.02.060 Procedure. t A. Generally, After consultation with representatives of the departments listed in subsection (B) of this section, the t wer-ks d$irector ~- hiskh: - designate shall tentatively determine: 1. The nature extent and location of the infrastructure improvements that are to be provided within the criteria set forth in Section 6.02.70 herein. 6 Infrastructure Design and Construction Standards Amend 6.02 2.47 Whether to require the appli_=afftdeveloper to: a. Install necessary infrastructure improvements; and orSign an agreement net te pretest the feFmatien ef eF assessments b. Ppay a fee in lieu of constructions and/or bc. Execute-Ss+gn and record a covenant to run with the land agreeing not to protest the formation of a local improvement district to finance €ems-any deferred pub+i--infrastructure improvements required under this chapter;-a and r d, Provide Plat Guarantees as set forth in the Construction Standards to secure the later construction of the required infrastructure improvements. assessments r and subseetffien • , The ddirector shall discuss the tentative determination with the Developerapplieant in relation to the criteria of KCC 6.02.040. _After any resulting ssef-¢-modifications deemed appropriate by the 9director, the $ddirector shall inform the Developers of the final determination. B. Interdepartmental review. Before making the final determination required by subsection (A) of this section, the 7 Infrastructure Design and Construction Standards Amend 6.02 $ddirector shall consult with and may incorporate or modify the recommendations of representatives from the following departments of ' the city: 1. Police a,,.,....t.,.,_nt; 2. Fire-dep4; 3. RanniRgCommunity dBevelopment-depa ;t; and 4. Parks and recreation depaFtfneFtt. The director may consult with other city departments as appropriate.1 Departmente representatives shall use only the criteria ef-in this chapter'(GG 6.02.^^^ to formulate their recommendations. Sec. 6.02.070 Criteria for reauirina infrastructure , gntsimRrovements. The diFeeter- ef pf!ublie wWer-l(sd8irector shall use only the following criteria in making the determinations required by KCC 6.02.060(A)(1-2): �A. If the city council, through an approved plan or policy, has, by ordinance or resolution, established the nature, extent and location of I+einfrastructure improvements to be provided in the vicinity of the property for which the bu+Id+rtgdevelopment permit is sought, the 9ddirector shall require publi--infrastructure improvements under this chapter consistent with the nature, extent and location thereof as established by the city council. -2B. If the city council has not established the nature, extent and location of einfrastructure improvements in the vicinity of the property for which the buildeRgdevelopment permit is sought: al. The director shall require the appropriate pub!ieinfrastructure improvements if the ddirector has first 8 Infrastructure Design and Construction Standards Amend 6.02 explored alternatives to requiring the Developerapplieant to provide the improvements and has found these alternatives in his opinion not reasonably feasible, and if the director additionally finds any of the followingO at: f l-}a. Similar infrastructure improvements already exist or are scheduled in the immediate vicinity of the property for which the + development permit is sought; (4)b. The proposed use of the property for which the development permit is sought necessitates the installation of the pub' improvements; {3}c. The property for which the buildlfl-gdevelopment permit is sought is located in close proximity to an activity center, defined as a park, school, commercial center, large employment center, large multifamily development or any other public or private development where people or activities are concentrated; and that the required improvements will enhance access to this activity center and that it is in the best interests of the residents of the city to enhance access to this activity center; f4}d. Physical characteristics of the property for which a balldlffgdevelopment permit is sought, including but not limited to topography, slope, soil type, drainage pattern or vegetation, necessitate the installation of li-einfrastructure improvements; f5)g. i-Ilnfrastructure improvements are necessary to maintain water quality; or f.&)L For any other reason, the publi einfrastructure improvements are in the public interest. _If the 9ddirector ef publie we requires publieinfrastructure improvements under this subsection, fa K) ,—the $d+r-eeteFDirector shall make written findings and conclusions specifying the el+ing-public interest that necessitates the improvements and the 9 Infrastructure Design and Construction Standards Amend 6.02 manner in which these improvements will fulfill this eengpelling public interest. .62. The dir-eeter- ef-public works director shall Fie require any infrastructure improvement pursuant te this ehapteF to unless sueb comply with the Construction Standards. in aeeeFaa~~~ established On the subdivisien eede, Gh. 12.94 KGG shall apply, where applieabla- Sec. 6.02.080 Criteria for d-Deferral of pubfieinfrastructure improvements. The d irector -may ` efeF the allow the Developer a to defer the construction of portions of the required infrastructure improvements where such improvements will result in only partial structures, where anticipated -future development and/or planned city public works projects will result in more complete and logical systems, and where such deferral is otherwise in -the public interest. Upon the determination of the director to allow deferral,. the Developer ashalI secure its contribution pursuant to KCC 6.02.06012 jffstal4att w —e 10 Infrastructure Design and Construction Standards Amend 6.02 Sec. 6.02.090 Enforcement. ptrb+teI+nfrastructure improvements and the conditions of any deferrals required by the f4ddirector under this chapter, shall be listed as--a conditions of approval and shall become part of the approved buil 4ngdevelopment permit. B. Procedure. _The l2rovision , PFeVISIet-rs required by the ddirector e€ publiewe under subsection (A) of this section shall be enforced as conditions paft—of the approved buildindevelopment permits and 1 otherwise as allowed by applicable law..- Sec. 6.02.100 Appeals. A. The determination of the ddirector regarding the nature, location and extent of infrastructure improvements-e€-pu 4e-wef s shall be final, unless an appeal by the appli-aafi developer is made to the hearing examiner within fourteen (14) days after the director's determination._The appeal shall be in writing to the hearing examiner and filed with the public works department. The hearing examiner shall act on the appeal within sixty (60) days unless an extension thereto is agreed to, in writing, by the applieantdevelope The hearing examiner should review the decision of the publie wecs—ddirector to assure compliance with this chapter, the general purposes of the comprehensive plan of the city as well as all adopted ordinances, resolutions and standards. B.$: A fee of twenty-five dollars ($25) shall be paid at the time of filing the written appeal. The appeal will not be accepted unless accompanied by full payment. 11 Infrastructure Design and Construction Standards Amend 6.02 C.E The decision of the hearing examiner may be appealed to the city council pursuant to the rules and procedures established for the hearing examiner under Ch. 2.32 KCC. D. Decisions of the Ddirector with respect to compliance with the Construction Standards shall be final with no administrative appeal. SECTION 5. - Savinas. The existing chapter 6.02 of the Kent City Code, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 6. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 7. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: 1 BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: 12 Infrastructure Design and Construction Standards Amend 6.02 TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2009. APPROVED: day of , 2009. PUBLISHED: day of , 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 1 13 Infrastructure Design and Construction Standards Amend 6.02 i Kent City Council Meeting Date May 19, 2009 Category Consent Calendar - 6F 1. SUB3ECT: PLEMMONS INDUSTRY LEASE RENEWAL FOR MAINTENANCE FACILITY - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to execute a three-year Lease Agreement with Plemmons Industries, to lease warehouse space to be used as the Traffic Signal and Streetlight Maintenance Facility, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The term of the lease agreement is from June 1, 2009 through May 31, 2012, and will provide an interim facility to support the Traffic Signal and Streetlight Maintenance activity of the Public Works Department. The leased space includes approximately 4,000 square feet of office/warehouse facility. 3. EXHIBITS: Public Works Memorandum dated 4/1/09, Map, and Lease Agreement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 103 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 • Fax: 253-856-6500 KENT WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 1, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: May 4, 2009 From: Steve Mullen, Transportation Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Contract Renewal/Plemmons Industries — Signal Street lighting Maintenance Staff Motion: Move to authorize the Mayor to execute a Lease Agreement with Plemmons Industries, for a period of 3 years to lease warehouse space to be used as the Traffic Signal and Streetlight Maintenance Facility per attached lease agreement subject to revision as may be agreed by the City Attorney and Public Works Director. Summary: The Traffic Signal and Streetlight Maintenance (TSSM) shop has been located in a leased facility in the Plemmons Industrial Park, at 1621 South Central Avenue, since May 22, 2006. Due to the deferred construction of the East Hill Operations Center, there is a need to extend that lease agreement. 1 Staff sent this Lease Agreement with Plemmons Industries to the Public Works Committee on April 06th, 2009. Council-member Harmon asked staff to look @ the possibility to use City owned property along West Valley Highway for use as a (TSSM) Facility. Staff was to prepare a report and bring the findings back to PWC as soon as possible. Staff completed its research for the Retired Emissions Testing Facility (RETF) located @ (get address and need a map) as shown on the attached map. This facility was purchased by the Kent Fire Department for use as a future Fire Station. It currently houses Police and Fire equipment. We analyzed this facility for use as a TSSM Facility and found that it could not meet our needs for the intended use due to: 1) Current Facility that houses the TSSM Facility is 4,000 SF with adequate size to fit even the largest street lights inside the building. The RETF is 3,300 SF with minimal maneuvering room, and only 2,100 SF of usable warehouse space. There is 1,280 SF of Office Space. 2) The RETF potential warehouse area is not heated as in the current facility. U IPWCommttteelAcnonPage1050409109 ContractRenewalStgnalLlghtmgMtcShopPlemmons doe 104 3) It will cost the City over $8,000 to move to the new RETF site. 4) Renovation costs for the RETF have been estimated @ +$100,000. This renovation would be torn down whenever a new fire station is built. 5) Police and Fire would need to find another location to store their equipments. 6) Other rental space, of similar size, in close proximity to the existing TSSM Facility are not as cost effective as the current TSSM Facility. Staff estimates that the East Hill Operations Center could be ready for occupancy as soon as 2011/2012. For this reason and those listed above Public Works- Transportation Engineering should continue to utilize the current space for the TSSM Facility. The attached agreement provides a three year lease to provide an interim facility to support the Traffic Signal and Streetlight Maintenance activity of the Public Works Department, Engineering Division. The leased space includes approximately 4000 square feet of office/warehouse facility, at a rental rate of $1,760/month plus $185/month for common area maintenance. , i t U IPWCommnteeWctionPage1050409109 ContractRenewalSignalLGghttngMtcShopPlenmrons doc " T , Ow AV rj 0w 5ayyg� F` s 407 Washington Ave Nlag ��yj � * c ` tCI 167 AMW ,. ., _�.,� •t�`� a �a . '- �v <Via,� ¢„� _�;�,�, ;9 - - Mkt a s` ?� � <��� `�"� � _,a � •fix 3 s Former Emissions Testing Facility PLEMMONS INDUSTRIES,INC. T7) I TELEPHONE(263)854-2000 • FACSIMILE(263)052.7368 INDUSTRIES P.O.BOX 1088.1311 CENTRAL AVENUE SOUTH,SUITE 201 • KENT,WASHINGTON 980354068 LEASE WAREHOUSE THIS LEASE, dated the 23rd day of February. 2009. by and between PLEMMONS INDUSTRIES, INC., as "Landlord",and CITY OF E ENT as"Tenant",is upon the following terms and conditions: 1.Premises:Landlord,leases to Tenant and Tenant leases from Landlord the premises situated in Kent,Washington,(the "Premises'l legally described as follows: Unit(s) 24&25.Plemmons Industrial Park,1621 Central Avenue South,Kent,Washington,being a portion of Lot 19,Horseshoe Acre Tracts to Kent,as per plat recorded in Volume 15 of Plats on Page 10,Records of King County,Except the East 10 feet thereof conveyed to King County for Road;and Except the West 15 feet thereof;Situate in the City of Kent,County of King,State of Washington. 2.Term of Lease:The tern of this Lease shall be for 3(Three)Years.Zero(0)Months.and Zero(0)Days,and shall commence on the 1st day of May. 2009. (the "Commencement Date") and end on the 30thh day of Anril. 2012 (the "Expiration Date"). 3.Minimum Rent;CAM Charges;Common Areas: a)Tenant covenants and agrees to pay to Landlord as base rental for the Premises, without deduction, offset,prior notice or demand, in advance, a minimum monthly rental of **See Addendum B**( ). All rents specified herein to be paid to Landlord are payable in advance on or before the first day of each month during the term of this Lease. Rent shall be payable to the Landlord at P.O.Box 1068,Kent,WA 98035,or to such other party or such other place as the Landlord may hereafter designate in writing. If Landlord consents,Tenant may occupy the Premises prior to such commencement date upon payment of rent on a prorated basis and compliance with all terms of this Lease. The pro-rats rent for the month of N/A shall be paid upon execution of this Lease. b)Tenant shall pay to Landlord, as additional rents,an amount estimated by Landlord to be Tenant's share of Common Area Maintenance Charges ("CAM Charges)") (as defined in this section). This amount is payable on or before the first day of each month during the term of this Lease. The monthly CAM Charge at the start of the lease term shall be$**See Addendum B**( I The Landlord can adjust the monthly CAM Charge at any time during the term of this Lease on the basis of Landlord's then reasonable anticipated costs for the current accounting period. An accounting period is one (1) full calendar year, except that the first accounting period shall commence on the date the term commences and the last accounting period shall end on the date the term expires or terminates. The term"Common Area Maintenance Charges"means and includes all sums expended by Landlord for the supervision,management,operation, maintenance and repair of the common areas and an allowance to Landlord for Landlord's supervision of maintenance and operation of the common areas,including without limitation,the costs of each and all of the following items:sweeping, resurfacing and re-striping of parking lots; repainting; building and improvements repair; landscaping; ice and snow removal;supplying directional signs and other markers;car stops;lighting,insurance premiums,water and all utilities not paid directly by Tenant; and other costs necessary in Landlord's judgment for the supervision,management,operation, maintenance and repair of the common areas. c) Landlord reserves the right from time to time to alter said common areas and to exercise control and management of the common areas and to establish,modify,change and enforce such rules and regulations as Landlord in its discretion may deem necessary and desirable. Tenant agrees to abide by and conform to such rules and regulations and shall be responsible for compliance by its employees,agents,customers and invitees. The failure of Landlord to enforce any of such rules and regulations against Tenant shall not be deemed as a waiver of same. Landlord shall have the right to close all or any portion of common areas at such times and for such periods as may,in the opinion of the Landlord,be necessary to prevent a dedication thereof,or to preserve the status thereof as private property,or to prevent the accrual of any rights in any person;and Landlord may also close said common areas for purposed of maintenance and repairs as may be required from time to time. 4.Security Deposit: Upon execution of this Lease,Tenant shall deposit$1.500.00(One Thousand Five Hundred Dollars and No/100-Si with Landlord (hereinafter referred to as "the Security Deposit'), to secure the faithful performance by Tenant of each term,covenant and condition of the Lease. If Tenant at any time,fails to make any payment or fail to keep or perform any term,covenant and condition on its part to be made or performed or kept under this Lease,Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation under this Lease,use,apply or retain the whole or any part of the Security Deposit(a)to the extent of any sum due to Landlord;(b)to make any required payment on Tenant's behalf;or(c)to compensate Landlord for any loss,damage,attorneys'fees,or expense sustained by Landlord due to Tenant's default. In such event,Tenant shall,within five(5)days of written demand by Landlord,remit to Landlord sufficient funds to restore the Security Deposit to its original sum, and Tenant's failure to do so shall be considered a material breach of the Lease. Tenant shall not be entitled to interest on such deposit. The rights of the Page lof 12 INITI L Los Landlord against the Tenant for a breach of this Lease shall in no way be limited or restricted by the Security Deposit,but Landlord shall have the absolute right to pursue any available remedy to protect its interests herein,as if this deposit had not been made. Should Tenant comply with all the terms,covenants and conditions required by this Lease,the Security Deposit,less any sums owing to Landlord,shall be retumed to Tenant within a reasonable time after termination of the Lease,vacation of the Premises by Tenant. Should the Premises be sold,Landlord may transfer or deliver the Security Deposit to purchaser of the interest and Landlord shall then be discharged from any further liability with respect to the Security Deposit. 5.Interest and Late Charges: (a)All amounts payable by Tenant to Landlord,including without limitation,rent,CAM Charges, other charges due to Landlord and any amounts paid by Landlord on behalf of Tenant and reimbursable to Landlord,not paid within three(3)days of when due,as required herein,shall bear interest at the rate of twelve percent (12%)per year from the date of any delinquency in payment thereof to the date paid. In addition,if Tenant fails to pay rent,CAM Charges,other charges due to Landlord or any such amounts within three(3)days of the date due,then Tenant shall pay a late charge of Ten and No/100 Dollars($10.00)per day per each unit included in the Lease for each day after the third(3rd)day after the date due that rent,CAM Charges,other charges due to Landlord or any such amounts remain unpaid. The late charges are due when late rent is paid. (b) Tenant agrees to pay Fifty and No/100 Dollars($50.00)to Landlord on any NSF check tendered to Landlord by Tenant.The above late charge applies to rent for which payment has been attempted on a NSF check until said NSF check is replaced with a cashier's or certified check. No personal checks will be accepted after the 2°d NSF check. 6.Taxes;Assessments:Tenant agrees to pay any increase in real estate taxes due and payable on the Premises for each full calendar year during the term of this Lease over the real estate taxes due and payable on the Premises for the year in which the Commencement Date occurs. On or before March 31st of each year, or as soon thereafter as reasonably practicable,Landlord shall certify to Tenant, (a) the amount of the total increase,if any, in real estate taxes due and payable for that year for the project of which the Premises are a part(the"Project"), and(b)Tenant's "proportionate share"of the total increase,which shall be equal to that portion of the total increase which bears the same relation to the total increase as the total floor area of the Premises bears to the total floor area of all rentable space in the Project.Tenant shall pay the proportionate share so certified on or before April 30 of such year, or within thirty(30) days of the date Landlord gives Tenant its certification.For the calendar year in which this Lease terminates,the provisions of this section shall apply,but Tenant's liability for its "proportionate share"of any tax increase for said year shall be appropriately prorated. Should there presently be in effect or should there be enacted during the term of this Lease,any law,statute or ordinance,levying any tax(other than Federal,State or local income tax)upon rents,Tenant shall pay such tax or shall reimburse Landlord on demand for any such taxes paid by Landlord. 7. Use of Premises: The Premises are to be used for the purpose of conducting therein the business of General warehousing for the City of Kent Traffic Signal maintenance shoo,and for no other business or purpose without the written consent of Landlord,which consent may be withheld in Landlord's sole discretion.If any change in the use of the Premises or alteration thereof by Tenant results in an increase in Landlord's insurance premiums,Tenant,promptly upon request,shall reimburse Landlord for the increased cost of such insurance. 8.Conduct of Business:(a)Tenant shall not leave the Premises unoccupied or vacant,but shall continuously during the entire term of this Lease carry on its business. Said business shall be kept open continuously each day during the hours customary for business of like character to be open. (b)Tenant shall not do anything which may injure the Building,commit waste on the Premises or be a nuisance or menace to other Tenants in the project. Tenant shall not allow any objectionable liquid,odor or noise to be emitted from the Premises. Tenant shall not store gasoline or other highly combustible materials on the Premises,which would violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rate for the Premises. Tenant shall not overload the floors of the Premises or the electrical lines and circuits in the Premises.If Tenant desires to use electrical equipment that require more capacity than the capacity of the existing electrical lines and circuits in the Premises,then before using such equipment Tenant shall, at its expense,increase the capacity of such lines and circuits. All such work and changes shall comply with all applicable building and electrical codes and shall be subject to Landlord's prior consent.Tenant shall not burn any trash of any kind in or about the Premises. (c)Tenant shall permit no damage to,or the defacement of the Premises.The plumbing facilities shall not be used for any other purpose than that for which they were constructed, and no foreign substance of any kind shall be thrown therein.The expense of any breakage,stoppage or damage resulting from a violation of this provision shall be bome by Tenant. 9.Outside Storage:Tenant hereby agrees that no item(s) shall be stored outside of the unit.Tenant shall not keep or display any merchandise or other personal property in areas outside the Premises or otherwise obstruct such areas. This includes all refuse receptacles and other collection containers,whether personal or business related other than on the date of collection. Tenants using a dumpster understand that dumpsters or cans must be kept inside the Premises. Tenant hereby agrees that all dumpsters and cans will comply with the Uniform Fire Code, Section 11.20.1(d). The outside Page 2of 12 INIT copy j 109 storage of any item is strictly prohibited and will be enforced. Any Tenant storing an item outside of their unit will be served a 10-day notice to comply and/or have their tenancy terminated. 10.Inside Storage:Tenant shall not store any item(s)above the office,restroom,or hallways. All storage must be on approved storage racking or on the warehouse floor surface. 11.Signs and Advertising:Tenant may erect signage stating its name,business or product after first securing Landlord's approval of the size, color, design and verbiage and all necessary governmental approvals. All signage installed by Tenant shall be removed upon termination of this Lease with the sign location restored to its former state. (SEE E11MIT"A",SIGN CRITERIA) 12. Alterations and Improvements: Tenant shall make no alterations, additions or improvements to the Premises without Landlord's prior written approval and without a valid building permit issued by the appropriate governmental agency. Detailed plans and specifications for such alterations and improvements shall first be submitted and approved by the Landlord in writing. Landlord shall not unreasonably withhold its approval. Tenant shall not install any exterior lighting fixtures,shades or awnings or do any exterior decoration or painting,or make any structural alterations without the previous written consent of Landlord. Any and all such alterations,additions and improvements will be made in a good and workmanlike manner at the sole expense of Tenant.All alterations,additions,or other improvements that may be made on or to the Premises by either of the parties hereto,except trade fixtures put in at the expense of Tenant,shall be the property of Landlord and shall remain on and be surrendered with the Premises as a part thereof at the termination of this Lease without hindrance,molestation,or injury by Tenant,except that Landlord,at its option,may require Tenant,at Tenant's expense,to remove any part or all of the alterations,additions or improvements made by Tenant. Any injury caused by Tenant's moving its trade fixtures in and out of the Premises or by the removal of the alterations,additions or improvements made by Tenant shall be repaired by Landlord at Tenant's expense. Nothing contained herein,however,shall prohibit Tenant from making necessary,normal,and emergency repairs to said improvements without Landlord's consent. 13.Property Damage or Personal Injury: Landlord shall not be liable for any personal property damage or personal injury occurring on or to the Premises or to any persons in or on the Premises including but not limited to:(1)any loss of property by theft or burglary,(2)any damage to person or property on or about the Premises from the operation of any elevator or the use of any utility on the Premises,(3)any damage or injury caused by action of the natural elements,(4) any damage or injury resulting from the conduct of the employees of Tenant,whether negligent or otherwise,or(5)any damage or injury that may result from any bursting,stoppage,or leakage of any water,steam,or gas pipe,sewer,basin, toilet,hot water tank,or drain. 14.Exterior Maintenance:Landlord shall repair and maintain the roof,gutters,downspouts,exterior walls,foundation, curbs and exterior paved areas in good condition. Landlord shall be under no liability for repair of or maintenance to any store front installed by Tenant. Except for such obligations of Landlord,Tenant shall keep the Premises neatly maintained and in good order and repair.If the Premises has a separate entrance,Tenant shall keep the entrance free and clear of snow,ice,debris and obstructions of every kind. 15.Interior Maintenance: Tenant shall,at its own expense maintain the interior of the Premises at all times in good condition and repair,all in accordance with the laws of the State of Washington and in accordance with all directions and regulations of any proper officer of the governmental agencies having jurisdiction, and Tenant shall comply with all requirements of law touching the Premises other than with respect to structural repairs. Tenant's responsibility shall include maintenance and repair of the electrical system, plumbing, drainpipes to sewers, air-conditioning and heating systems, overhead and personnel doors, carpet, blinds, windows and glass. It is the responsibility of the Tenant to maintain pest and or rodent control for the said interior Premises. At the expiration of the term hereof,Tenant shall surrender the Premises in good condition,reasonable wear and tear and damage by fire or other casualty excepted. The term"good condition"means the good physical condition and cleanliness of the Premises and each portion of the Premises, _ including the items listed above,all alterations,additions,or other improvements made by Tenant, and all trade fixtures installed by Tenant. 16. Heating/Air Conditioning: Landlord, at its option, may initiate a maintenance program for Tenant's heating, ventilating,and air conditioning system,if any,servicing the Premises. Tenant shall pay to Landlord,or at Landlord's election,directly to the maintenance firth,the cost of such maintenance,which shall be in addition to the CAM Charges. 17. Inspection and Repair: Tenant agrees and covenants that the Landlord or his agents at all reasonable times and during all reasonable hours shall have free access to the Premises,and through any building or structure that may at any time be thereon,or any part thereof,for the purpose of examining or inspecting the conditions of the same or of exercising any right or power reserved to the Landlord under the terms and provisions of this Lease. If Landlord deems any repairs required to be made by Tenant necessary, it may demand that Tenant make the same forthwith,and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, Page 3of 12 ITIAL 110 Landlord may make or cause such repairs to be made. Tenant agrees to forthwith, on demand,pay the Landlord the cost of labor and materials thereof with interest at 12% percent per year. Tenant also hereby waives any claim for damages, including loss of business, resulting from any such repairs or alterations; provided that in the exercise of its rights under this section,Landlord shall provide adequate access to the Premises and shall not unreasonably interfere with the conduct of Tenant's business. 18. Parldng Area: Landlord hereby grants to Tenant and to its employees, agents, customers and invitees the non- exclusive right for and during the term of this Lease,to use the parking area; such use to be in common with all other occupants of the project,whether as Tenants or as owners,and their employees,agents,customers and invitees.Tenant shall control the use of such parking spaces so that there will be no unreasonable interference with the normal traffic flow, and shall not permit any parking an landscaped or unpaved surface. Landlord reserves the unrestricted right to make changes in the parking areas which shall at all times be subject to the exclusive control and management of the Landlord. Landlord shall have the right from time to time to establish reasonable rules and regulations with respect to the parking areas. Under no circumstances shall trucks serving the Premises be permitted to block traffic flow. 19.Liens;Exculpation;Tenant's Indemnity: Tenant shall not allow any liens to attach to the Premises as a result of its activities. Landlord shall not be liable for any loss or injury,to persons or damage to property in the Premises from any cause or causes whatsoever,which at any time may be suffered or sustained by Tenant,or by any person whosoever at any time may be using,occupying or visiting the Premises.Tenant shall defend,indemnify and hold Landlord harmless from and against any and all liability,claims,damages,costs and expenses of any kind whatsoever,arising out of or relating to any injury to persons or property,or death of persons however occurring on or about the Premises,except to the extent caused by Landlord's negligence of Landlord. 20.Tenant's Insurance:Tenant,at its cost,shall procure and maintain in full force and effect during the term of this Lease a policy of commercial general liability insurance(including contractual liability and products and completed operations liability)with liability limits of not less than$1,000,000,single limit,insuring against all liability of Tenant,its employees, agents and contractors arising out of or in connection with Tenant's use and occupancy of the Premises and property damage insurance with liability limits of not less than$1,000,00%. All such commercial general liability and property damage insurance shall insure performance by Tenant of the indemnity provisions of Section 19 above. Landlord and Landlord's Agent shall be additional named insureds on such insurance policy. All insurance policies required to be carried by Tenant under this Lease shall: (i)be issued by insurance companies authorized to do business in the State of Washington with a rating of ANTI or better as rated in the most recent edition of Best's Insurance Reports,(ii)be issued as a primary policy, and(iii)contain an endorsement requiring thirty(30)days'prior written notice from the insurance company to both Landlord and Tenant,and,if requested by Landlord,to Landlord's lender,before cancellation or change in the coverage, scope,or amount of any policy. Each policy or a certificate of the policy,together with evidence of payment of premiums,shall be deposited with Landlord on or before the Commencement Date,and on renewal of the policy not less than ten(10)days before expiration of the term of the policy. 21.Personal Property Insurance:All personal property is the sole responsibility and risk of Tenant.Tenant understands that Landlord will not insure Tenant's personal property. To the extent Tenant does not obtain insurance coverage for the full value of Tenant's personal property stored in or on the Premises,Tenant agrees that Tenant will personally assume all risk of loss,including without limitation,damage or loss by burglary,fire,vandalism or vermin. 22. Release and Subrogation: Landlord and Tenant release each other, and their respective employees, agents and contractors,frbm,and waive their entire claim of recovery for,any claims for damage to the Premises and the Project and to Tenant's alterations,additions and improvements,trade fixtures and personal property that are caused by or result from fire,lightening or any other perils normally included in an"all risk"or"special causes of loss"property insurance policy whether or not such loss or damage is due to the negligence of Landlord,or its employees,agents or contractors,or of Tenant,or its employees,agents or contractors. Landlord and Tenant shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by such insurance policy. 23.Utilities and Amenities:Tenant shall fully and promptly pay for all water, sewer,natural gas,garbage collection, telephone service, electricity, and all other public utilities of any kind furnished to the Premises throughout the term hereof and all other costs and expenses of any kind whatsoever in connection with the use,operation,and maintenance of the Premises and all activities conducted thereon. Landlord shall have no responsibility of any kind for any costs thereof and Landlord shall have no liability resulting from any interruption of utility services caused by fire or other casualty, strike, riot, vandalism, the making of necessary repairs or improvements, or any other cause beyond Landlord's reasonable control. If(i)any utilities or services to the Premises are interrupted due to a cause within Landlord's reasonable control,and Tenant is unable to,and does not,use the Premises as a result of such interruption,and(ii)Tenant shall have given notice respecting such interruption to Landlord, and Landlord shall have failed to cure such interruption or discontinuance within seven(7)consecutive days after receiving such notice,then rent hereunder shall thereafter be abated until such time as such services or utilities are restored or Tenant begins using the Premises again,whichever shall first occur. Such abatement of rent shall be Tenant's sole recourse in the event of an interruption of services or utilities required Page 4of 12 h9iTl L OPY l to be provided by Landlord hereunder.Tenant shall control the temperature in the Premises to prevent freezing of any plumbing or sprinkler system. 24.Assignment and Subletting:Tenant shall not assign or in any manner transfer this Lease or interest herein,or sublet the Premises or any part thereof,or allow anyone to occupy the Premises,without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Consent by Landlord to one assignment of the lease, or to one subletting of the Premises,shall not operate as a consent to a subsequent assignment or subletting.Tenant shall not change the name under which it does business in the Premises without Landlord's prior written consent. 25. Bankruptcy: If Tenant becomes a Debtor under Chapter 7 of the Bankruptcy Code ("Code') or a petition for reorganization or adjustment of debts is filed concerning Tenant under Chapters 11 or 13 of the Code,or a proceeding is filed under Chapter 7 of the Code and is transferred to Chapters 11 or 13 of the Code,the Trustee or Tenant,as Debtor and as Debtor-In-Possession,may not elect to assume this Lease or to assign this Lease to a third party unless,at or before the time of such assumption and/or assignment,the Trustee or Tenant has:(a)cured all defaults under the Lease and paid all sums due and owing to Landlord under the Lease,and(b)deposited with Landlord a sum equal to two(2)month's rent to be held by Landlord(without any allowance for interest thereon)to secure Tenant's future performance under the Lease. 26.Eminent Domain:If the whole of the Premises hereby leased shall be taken by eminent domain,then the term of this Lease shall cease as of the day possession is taken by such public authority and the rent shall be paid up to that date.If only a part of the Premises shall be taken by eminent domain and the remainder of the Premises not so taken can be made tenantable for the purposes for which Tenant has been using the Premises,then this Lease shall continue in full force and effect as to the remainder of the Premises and all of the terms herein provided shall continue in effect,except that the minimum rent shall be reduced in proportion to the amount of the Premises taken, and Landlord, at its own cost and expense,shall make all necessary repairs and alterations in the Premises required by such taking;provided,however,that if more than fifty percent(50%)of the floor area of either the building in which the Premises are located or the Project shall be taken by eminent domain,,then Landlord may elect to terminate this Lease as of the date possession thereof is taken.All damages awarded for such taking shall belong to and be the property of the Landlord whether such damages shall be awarded as compensation for diminution of the value of the leasehold or to the fee of the Premises,but Landlord shall not be entitled to any portion of the award made to Tenant for cost of removal of stock and fixtures. 27.Destruction of the Premises:If the Premises are partially or totally destroyed by fire or other casualty,then Landlord may elect to either(a)restore the Premises to substantially the same condition as they were in immediately before such destruction,or(b)terminate this Lease effective as of the date of such destruction. If Landlord does not give Tenant notice within sixty(60)days after the date of such destruction of its election to restore the Premises,then Landlord shall be deemed to have elected to terminate this Lease. If Landlord plects to restore the Premises,then Landlord shall use commercially reasonable efforts to complete such restoration within one hundred eighty(180) days after the date on which Landlord obtains all permits necessary for such restoration,provided,however,that such one hundred eighty(180)day period shall be extended by a period equal to any delays caused by Force Majeure,and such destruction shall not terminate this Lease. The term"Force Majeure"means strikes,lockouts,labor disputes,shortages of labor or materials,fire or other casualty,Acts of God or any other cause beyond the reasonable control of Landlord. 28.Default:The occurrence of any of the following shall constitute a default by Tenant under this Lease: (a) Failure to Pay Rent. Failure to pay rent,CAM Charges or any other charges due to Landlord when due,if the failure continues for a period of three(3)days after notice of such default has been given by Landlord to Tenant. (b) Failure to Comply with Rules and Regulations. Failure to comply with the Rules and Regulations,if any,if the failure continues for a period of twenty-four(24)hours after notice of such default is given by Landlord to Tenant. If the failure to comply cannot reasonably be cured within twenty-four(24)hours,then Tenant shall not be in default under this Lease if Tenant commences to cure the failure to comply within twenty-four(24)hours and diligently and in good faith continues to cure the failure to comply, (c) Other Defaults. Failure to perform any other provision of this Lease,if the failure to perform is not cured within ten (10) days after notice of such default has been given by Landlord to Tenant. If the default cannot reasonably be cured within ten(10)days,then Tenant shall not be in default under this Lease if Tenant commences to cure the default within ten(10)days and diligently and in good faith continues to cure the default. (d) Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease,where possession is not restored to Tenant within sixty(60) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease,where such seizure is not discharged within sixty (60)days. 29.Remedies:If Tenant commits a default,Landlord shall have the following alternative remedies,which are in addition to any remedies now or later allowed by law: IN11'I Page Sof 12 Avtkopy 112 (a) Maintain Lease in Force. Maintain this Lease in full force and effect and recover the rent and other monetary charges as they become due,without terminating Tenant's right to possession,irrespective of whether Tenant shall have abandoned the Premises. If Landlord elects to not terminate the Lease,Landlord shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term,and to do all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary without being deemed to have elected to terminate the Lease including removal of all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In the event any such re-letting occurs,this Lease shall terminate automatically upon the new Tenant taking possession of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially,Landlord at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant. , (b) Terminate Lease. Terminate Tenant's right to possession by any lawful means,in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto,the following:(i)The worth at the time of award of any unpaid Rent which had been earned at the time of such termination;plus(ii)the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided;plus(iii)the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided;plus(iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation, any costs or expenses incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney fees therefor,(B)maintaining or preserving the Premises after such default,(C)preparing the Premises for reletting to a new tenant, including repairs or necessary alterations to the Premises for such reletting, (D) leasing commissions, and(E)any other costs necessary or appropriate to relet the Premises;plus(v)at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable state law. Upon any such re-entry Landlord shall have the right to make any reasonable repairs,alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 29(b)(i)the'worth at the time of award"is computed by allowing interest at the rate of twelve percent(12%)per year from the date of default. As used in Subsections 29(b)(ii)and(iii)the"worth at the time of award"is computed by discounting such amounts at the discount rate of twelve(12%)per year. 30.Deliveries to Premises and Trash:All deliveries of merchandise,supplies and materials to the Premises and removal of trash, garbage and other waste shall be made at such hours and in accordance with such rules as Landlord shall prescribe for the project.In event Landlord's rules so prescribe,Tenant shall provide adequate covered metal receptacles for trash, garbage and other waste, located at Landlord's direction, and shall not be visible to members of the public. Tenant shall not permit an accumulation of boxes,waste or other refuse matter. 31.Surrender on Termination:(a)An the expiration or sooner termination of this Lease,Tenant shall deliver all keys to Landlord,have final utility readings completed showing paid for by the date of move out,and surrender and vacate the Premises in good condition,clean and free of debris inside and out,with all mechanical,electrical and plumbing systems in good operating condition; all signage removed and any damage to the Premises resulting from removal of signage properly repaired to Landlord's reasonable satisfaction and all repairs called for under the Lease completed. The Premises shall be delivered in the same or better condition as at the commencement of the term,subject only to ordinary wear and tear.Tenant acknowledges that Tenant will be charged for the cleaning of carpet,blinds,and any excess dirt,debris,and or rubbish caused by the nature of Tenant's business and such will not be considered ordinary wear and tear. These cleaning charges are not included in the Non-Refundable Cleaning Fee. Should Tenant paint walls a different color or walls become excessively stained or dirty,Tenant will be held responsible at Tenant's sole expense, for patching and priming walls prior to move-out. Tenant further agrees to remove all of its furnishings and trade fixtures that remain its property and properly repair all damage resulting from such removal to Landlord's reasonable satisfaction. Failure to remove said property shall be abandonment of same and Landlord may dispose of it in any manner without liability,Any trade fixtures left in the Premises after the expiration or sooner termination of this Lease shall be considered as abandoned by the Tenant and shall become and remain property of Landlord. (b)If Tenant fails to vacate the Premises upon the expiration or sooner termination of this Lease,then Landlord may elect either(i)to treat Tenant as a tenant from month-to-month,subject to all provisions for term and for base rent which shall be equal to 150%of the last monthly base rental plus all other charges,taxes and expenses to be paid to Landlord as specified herein,or(ii)to eject Tenant from the Premises and recover damaged caused by wrongful holdover, 32.Subordination of Lease:Tenant agrees that it will,at any time upon request from Landlord,execute a subordination agreement in recordable form, subordinating this Lease to any mortgage or mortgages,deed or deeds of trust, or other encumbrance on the Premises which may be executed by the Landlord. 33.Building Planning:In the event Landlord requires the Premises for use in conjunction with another suite or for other reasons connected with the Project planning program,upon notifying Tenant in writing,Landlord shall have the right to move Tenant to other space in the Project, at Landlord's sole cost and expense, and the terms and conditions of the original Lease shall remain in full force and effect,save and excepting that an"Exhibit"reflecting the location of the new Page 6of 12 INITIAL. 113 space shall become part of the Lease and Page 1 of this Lease shall be amended to include and state all correct data as to the new space. However,if the new space does not meet with Tenant's approval,Tenant shall have the right to cancel this Lease upon giving Landlord thirty(30)days notice within ten(10)days of receipt of Landlord's notification. If Tenant cancels this Lease pursuant to this Section 33,Tenant shall vacate the Building and the Premises within thirty(30)days of its delivery to Landlord of the notice of cancellation. 34.Notice to Vacate:Tenant shall provide to Landlord a written notice of intent to vacate Premises. Said notice is to be received by Landlord not less than ninety(90)days prior to the expiration of the lease term. If said intent is to vacate the Premises after the expiration of the lease term,Tenant shall notify Landlord not less than 30(thirty)days prior to the end of the calendar month. 35.Hold-Over: If the Tenant shall,with the written consent of Landlord,hold over after expiration of the term of the Lease,or extension hereof, such tenancy shall be for an indefinite period of time on a month-to-month tenancy,which tenancy may be terminated as provided by the laws of the State of Washington.During such tenancy,Tenant agrees to pay to the Landlord the holdover rate as set forth in Paragraph 31(b),unless a different rate is agreed upon,and to be bound by all the terms,covenants,and conditions herein specified,as far as applicable. 36.Heirs and Successors: Subject to the provisions herein pertaining to assignment and sub-letting,the covenants and agreements to this Lease shall be binding upon the heirs,legal representative,successors and assigns of any or all of the parties hereto. 37.Notices: All notices to this Lease provided to be given by either party hereto shall be deemed to have been given, when made in writing and deposited in the United States mail,certified and postage prepaid and addressed as follows: TO LANDLORD: Plemmons Industries,Inc. P.O.Box 1068 Kent,WA 98035 TO TENANT: City of Kent Attn:John Rostead 220 Fourth Avenue South Kent,WA 98032 The address to which any notice,demand or other writing may be given,made or sent to either party may be changed by written notice given by such party as above provided. 38.Fees;Deposits: If Tenant vacates the Premises or defaults before the end of lease term,the last one month's rent shall be forfeited.This does not alleviate Tenant's monthly responsibility to the monthly rent.If Tenant faithfully performs in accordance with the terms of this Lease,the rent on deposit will be applied to the last one month's rent,providing notice of termination is given in the timely manner set forth within. Tenant hereby agrees to pay a one-time$120.00(One hundred Twenty and No/100 Dollars)non-refundable cleaning fee upon the initial rental of each unit.This fee is not reassessed on renewals. This fee excludes the cost of cleaning the carpet and blinds and servicing the HVAC unit(if any). Tenant's using a dumpster understands that the dumpster or cans must be Dept inside the Premises.Before the Security Deposit is refunded,proof must be shown to the Landlord that all garbage fees have been paid in full. 39.Severability: If any provision of the Lease is held to be invalid,unenforceable or illegal,the remaining provisions shall not be affected and will be enforced to the fullest extent permitted by law. 40.Attorney's Fees:If either party shall bring any action for relief against the other party,declaratory or otherwise,arising out of this Lease,including any action by Landlord for the recovery of rent or possession of the Premises, any trial,any appeal, or any post judgment proceedings, or if either party engages an attorney to represent it in connection with the bankruptcy or reorganization of the other party,then the losing party shall pay the successful party a reasonable sum for attorney's fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. 41.Time of Essence:Time is of the essence in this Lease and of every provision hereof. 42.Right to Change Name of Building:Landlord reserves the right to change the name or street address of the building without notice or liability of Landlord to Tenant. 43.Rider: Tenant and Landlord hereby agree that no paint spraying,auto body,or auto repair,personal or otherwise,is to be conducted on the Premises. 44. Environmental: The term "Environmental Law" shall mean any federal, state or local statute, regulation or Page 7of 11 NITI L 114 , ADDENDUM"A" IMPORTANT INFORMATION FOR PLEMMONS INDUSTRIAL PARK WAREHOUSE TENANTS PHONE NUMBER FOR UTILITIES AND SERVICES: Puget Sound Energy 1-888-225-5773 Post Office(Kent-Main,to set up delivery) 253-520-7576 Waste Management Garbage Service 253-939-9792 Qwest 1-800-603-6000 UTILITIES/SERVICES: The Landlord will have meter read as close to day of possession as possible. The Landlord will allow three(3)business days before instructing the electrical company to discontinue service. It is the responsibility of the Tenant to contact the above utilities/services and put these services into their name prior to or on the first day of occupancy. SIGNAGE: All window signage must be in uniform WHITE lettering. The suite door signage must be in the uniform lettering also. Signage is a Tenant cost.Auburn Sign Company is familiar with our requirement,please call 854-2333. Wood warehouse front signs are allowed (SEE EXHIBIT "A", SIGN CRITERIA), and can be purchased from Auburn Sign. No advertising or bulletins are allowed on the doors or windows. KEYS/LOCKS: Re-keying of any officelunit door is not permitted without the prior consent of the Landlord.Plemmons Industries,Inc. will not release a key nor allow entry to any Tenant's unit to any person(s), except Tenant,without the prior written consent of the Tenant. Such consent memo must include full name of person and reason for key release. Person receiving key must have verifiable identification. NO EXCEPTIONSI Call the Property Manager for more information. RENT PAYMENT: Rent is due on or before the first of each month. NO NOTICE OR INVOICE WILL BE SENT. It is the Tenant's responsibility to mail the rent payment or deliver it to the main office during business hours. Monday-Friday 8:00 a.m.- 5:00 P.M. WATER METERS: If your unit does not have a water meter,one will be installed.The installation will require interrupting your water service and lavatory facilities for a short period of time. Notice will be given 24 hours prior to installation.Access to the unit for the sole purpose of reading the meter is hereby considered authorized by the Tenant. Prior to installation of a water meter, report any water leaks or running toilets immediately. Tenants will be responsible for and billed for excessive usage caused by a leak. WATER/SEWER BILLING: Water meters will be read at time of occupancy or installation and on the 15th of every month following with the bills being sent out by the 20th.An access charge will be added to each billing in the amount of$2.00(Two Dollars)which is subject to change.The water/sewer bill is due and payable with the next months rent&CAM payment on the first of the month.Water/sewer bills not paid by the loth of the month will incur a$25.00 late fee plus$1.00 per day until and including the day payment is received.There is no grace period. If a water meter is not installed in your unit,you will be billed a pro rata share of the remaining water bill from the City of Kent. MAINTENANCE Please refer to paragraphs 16, 17, 18& 19 of your lease.These paragraphs explain in detail the responsibility of both Landlord and Tenant in regards to repairs and maintenance.If you have a problem and feel it is our responsibility,please call(253)854-2600 and report it.We will attend to it in a timely manner and emergency needs will be seen to as soon as possible.If you are a new Tenant and have occupied your unit for 30 days or less and experience a problem,call us.It could be something we missed during our inspection and/or something we believe we should fix for you. Please feel free to call us if you have any questions. REBILLED MAINTENANCE COSTS: The Tenant shall at it's own expense maintain the interior of the Premises at all times,as well as all doors,windows and glass. If the Tenant fails to maintain the Premises or to make such repairs,the Tenant hereby agrees that the Landlord's maintenance staff shall make such repairs and bill the Tenant at the hourly rate of$30.00(Thirty Dollars)plus the cost of materials. If an outside contractor of vendor is used,it will be charged back to the Tenant at their cost. GARBAGE: Remember that the earbaee cans,dumpsters,recvfte containers,and other trade related containers must be kept Page 9of 11 jALM 115 Inside your warehouse. They may be ant out on nick-uu day only. DELIVERIES: Landlord accepts no responsibility for and is to be held harmless for any packages, materials, etc., delivered to the corporate offices by couriers or any delivery service for the Tenants. MAILAV AIL BOXES: The mailboxes are located at the front of the complex,next to 1609 Building. All tenants will be charged a$10.00(Ten Dollars and no/100ths)postal key fee. If keys are returned upon move out the fee will be refunded.Contact the Main Post Office located at 10612 SE 240th in Kent regarding mail delivery and your mailbox. Their phone number is(253)852- 3950. PARING/STORAGE: Do not park in front of any unit(s) other than your own. Center area parking is common parking for Tenants and customers only.Storage of any vehicle or trailer is not permitted. Any vehicle left for over one(1)week will be subject to towing at owner's expense. ALARM SYSTEM: If you wish to install a alarm system,the Landlord does not object. However,you need to secure written permission from the Landlord. When ascertaining permission for your alarm system,you must provide the Landlord with the pass code, name, address, and phone number of alarm service provider and an emergency number to call in case of accidental activation of the system or an emergency. WAREHOUSE FLOORS: Painting of warehouse floors is strictly prohibited. Call the Property Manager at(253)854-2600 if you have any needs or questions. Landlord:Plemmons Industries Inc. Teresa P.Hutchens,Property Manager Date Tenant:CTTY OF KENT SUZETTE COOKE,MAYOR Date Page 10of 11 INITI L 116 EXHIBIT"A" SIGN CRITERIA 40 Northwes ie t St ;' Tape Aud-'110 �p�e&AUdio U6 RECENINO 17X4W SHIPPING 18• UP FROMODOR 6 WINDOW O • All signs must be 3'X 6'and centered 16"up from door and windows(as per above sample.) • All signs must have radius comers,the body of the sign must be painted in Rodda Paint Company's CP13 Pigeon #532001 with the edge trimmed in the Rodda Teal color #KT2496J1791. Any "shipping"or"receiving"signs will be in the Pigeon color base with Teal letters. • Use of any color of letters identifying your business name is acceptable and logos are also acceptable. Advertising of any kind,however,is not acceptable. Phone numbers are not acceptable. • Only one sign per Tenant will be allowed. • All signs must be approved by the Landlord prior to installation. It is advised to have the drawing approved,prior to fabrication. In lieu of 3'x 6'sign above door,Tenant may install the following: • White vinyl lettering of business name may be applied to window. Letters shall not exceed 3"in height and must be centered on window,16"down from top portion of window. Page l lof 11 INI IA z 117 ACKNOWLEDGEMENT (Corporate) STATE OF County of lss. I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that_signed this Instrument,on oath stated that was authorized to execute the instrument and acknowledged it as the Of to be the free and voluntary act of such party for the uses and purposes mentioned in the Instrument. Given Under My Hand and Ofticlal Seal this_day of Notary Public In and for the State of My appointment expires: ACKNOWLEDGEMENT (Corporate) STATE OF , County of Iss. I certify that I know or have satisfactory evidence that Is the person who appeared before me,and said person acknowledged that_signed this instrument,on oath stated that was authorized to execute the Instrument and acknowledged it as the Of to be the free and voluntary act of such party for the uses and purposes mentioned in the Instrument. Given Under My Hand and Official Seal this day of Notary Public In and for the State of My appointment expires: . 118 ACKNOWLEDGEMENT (Individual) STATE OF WASHINGTON, County of KING )ss. I, .Notary Public in and for the State of Washington,residing at ,do hereby certify that on this day of 2008. personally appeared before me to me known to be the individual_described in and who executed the within instrument and acknowledged that signed the same as free and voluntary act and deed for the uses and purposes herein mentioned. Given Under My Hand and Official Seal this day of ,2008. Notary Public in and for the state of Washington My appointment expires: ACKNOWLEDGEMENT (Corporate) STATE OF County of 1ss. I certify that I know or have satisfactory evidence that Is the person who appeared before me,and said person acknowledged that_signed this instrument,on oath stated that was authorized to execute the instrument and acknowledged It as the Of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given Under My Hand and Of clal Seal this_day of Notary Public In and for the State of My appointment expires: Hpr 15 US U2:15p PLEMMONS INDUSTRIES INC 2538527368 P.2 119 ADDENDUM IS" RENTSCHEDULE Tenant covenants and agrees to pay Landlord a minimum monthly rental and Common Area Charge for the Premises according to the following schedule: May 1,2009 through April 30,2011$1,760.00(One Thousand Seven Hundred Sixty Dollars and No/100s)Rent, May 1,2011 through April 30,2012$1,848.00(One Thousand Bight Hundred Forty-Eight Dollars and No/100s)Rent. May 1,2009 through April 30,2011 $185.00(One Hundred Eighty-Five Dollars)Common Area Charge May 1,2011 through April 30,2012 $194.25(One Hundred Ninety-Dour Dollars and 25/100s) Common Area Charge Landlord:Plemmons Industries,Inc. Date: Teresa P.Hutchens,Property Manager Tenant:City of Kent Data; Suzette Cooke,Mayor Kent City Council Meeting Date May 19, 2009 Category Consent Calendar - 6G 1. SUBJECT: KING COUNTY OFFICE OF EMERGENCY MANAGEMENT GRANT - ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Accept the King County Office of Emergency Management Homeland Security Sub-grant in an amount not to exceed $100,000, and authorize the Mayor to sign the contract to receive funds. The grant funds are to be used for reimbursement, as identified in the Grant Application Proposal, to provide a Zone Coordinator to assist in the continued growth of existing discipline groups, resource management, and essential planning expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Zone 3 Emergency Management Directors and the Regional Disaster Plan. The contract has been reviewed and approved by the City Attorney's Office. j3. EXHIBITS: Grant Application Proposal and Sub-grant Agreement Contract #-FFY08-SHSP-003 4. RECOMMENDED BY: Staff and Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT FFY08 SUB GRANT AGREEMENT NUMBER: FFY08-SHSP-003 PROJECT TITLE: ZONE 3 EMERGENCY MANAGEMENT COORDINATOR THIS AGREEMENT is made and entered into by and between King County and the City of Kent, hereinafter "Subgrantee", for the express purposes set forth in the following provisions of this Agreement. It is understood that funding for this Agreement has been granted to King County by the United States Department of Homeland Security (DHS) through the Washington State Military Department, Emergency Management Division (EMD). The funding source of the grant is the FFY08 Homeland Security Grant, State Homeland Security Program, Catalog of Federal Domestic Assistance (CFDA)#97.067, State Contract#E09-178. 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 9 P 9 g 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 1, 2009, to September 30, 2010. 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 Tony Lewis - Project/Program Manager 11 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 V. Marzano - 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 tare met. Page 1 of 38 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: Tony Lewis King County Office of Emergency Management ' 3511 NE 2Id Street Renton, WA 98056 PH: 206.296.3830/ FAX: 206.205.4056 tony.lewis@kingcounty.gov If to the Subgrantee: Dominic V. Marzano 24611 116t'Ave SE Kent, WA 98030-4939 PH: 253.856.4316/ FAX: 253.856.4119 dmarzano@ci.kent.wa.us 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement Agreement and will not to exceed $ 100,000.00 (One Hundred Thousand dollars and no cents)with compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount. The parties may amend this amount by mutual agreement. Compensation for satisfactory work performance shall be payable upon receipt of properly completed Invoice Reimbursement Request, which is available to the Subgrantee at. http://www.kingcouniy.gov/safety/prepare/EmergencyManaciementProfessionals/Grants/SubGrants.as) 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 i 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 38 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, ADMINISTRATIVE & 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. The Subgrantee shall submit all proposed equipment purchases to the appropriate committee to ensure that the requested equipment is on the Authorized Equipment List (AEL), is aligned with the statewide equipment purchasing strategy, and meets all statewide interoperability and standardization requirements. No reimbursement for equipment costs will occur until the appropriate approvals have been obtained. 2. The Subgrantee shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program requirements as outlined in the applicable grant guidance. 3. 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. 4. 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. 5. The Subgrantee shall maintain equipment records that include: a description of the equipment; 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. Page 3 of 38 6. 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. 7. 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 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. 8. For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section 13.3 definition of equipment will be used. it defines equipment as a tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of$5,000 or more per unit. This definition will be used for equipment purchased with contract funds, unless local or state regulations are more j restrictive. 9. The Subgrantee shall develop a control system to ensure adequate safeguards to prevent loss, damage, unauthorized use and theft of the equipment to include small and attractive items. Any loss, damage or theft shall be investigated and a report generated which will be submitted to King County Office of Emergency Management. 10.The Subgrantee will develop adequate maintenance procedures to keep the property in good condition. 11.If the Subgrantee is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 12.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 l 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. AwHsTRATivE REQUIREMENTS The Subgrantee shall comply with all financial and procurement guidance, including competitive processes and other procurement requirements, to include but not limited to Office of Management and Budget(OMB) Circulars A-87 Cost Principles for State, Local and Indian Tribal Governments, A102 Grants and Cooperative Agreements with State and Local Governments,A122 Cost Principles for Non-Profit Organizations, A133 Audits of States, Local Governments, and Non-Profit Organizations, the Federal Emergency Management Agency's codified regulations, 44 code of Federal Regulations (CFR), and the U.S. Department of Homeland Security's Financial Management Guide. Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. Page 4 of 38 C. General Requirements Subgrantee must adhere to all financial and procure guidance, including: 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. • Grant funds may not be used to replace or supplant existing funding. 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 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 that to receive any federal preparedness funding, all National Incident Management System (NIMS) compliance ' requirements outlined in applicable grant guidance must be met. 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, 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. 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. Page 5 of 38 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. 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 etseq. 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 Page 6 of 38 1 ' 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 ' 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 1 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. Page 7 of 38 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 ' 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 seg., consistent with Page 8 of 38 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. ' 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; OMB A-122, Cost Principles for Non-Profit Organizations; 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) 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. Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Page 9 of 38 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 auditable 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. The Subgrantee 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 Subgrantee must respond to King County Office of Emergency Management requests for information or corrective action concerning audit Issues or findings within 30 days of the date of request. King County Office of Emergency Management reserves the right to recover from the Subgrantee all disallowed costs resulting from the audit. 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 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. Page 10 of 38 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 idocumentation. 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 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 1 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. Page 11 of 38 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 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. Page 12 of 38 ' 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 party on the date set forth below: CITY OF KENT KING COUNTY BY Suzette Cooke, Mayor Robin Friedman, Director Date Date Page 13 of 38 Exhibit A Exhibit A: SCOPE OF WORK A-1 GENERAL INFORMATION: Project Title: Zone 3 Emergency Management Coordinator Sub Grantee's Name: City of Kent Contact Person: Dominic V. Marzano ' Job Title: Emergency Manager Complete Address: 24611 116th Ave SE Kent,WA 98030-4939 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: ❑ Protect Critical Infrastructure, Key Resources and Other Critical Assets ❑ Medical Surge and Mass Prophylaxis ® Strengthen Plans, Protocols, Training and Exercises to Enhance Preparedness Planning ❑ Interoperable Communications ❑ Strengthen Regional CBRNE Detection, Response and Decontamination Capabilities ❑ Strengthen Regional Public Awareness and Community Preparedness Planning ❑ Law Enforcement Operations and IED Detection, Deterrence and Response ❑ Intelligence Production and Analysis - Washington Joint analytical Center and Regional Intelligence Groups _ UASI Projects: , ❑ Preparedness Planning ❑ Enhance CBRNE Response Operations ' ❑ Enhance Medical Surge ❑ Urban Wide Interoperable Communications , ❑ Law Enforcement Operations ❑ Citizen Preparedness Page 14 of 38 , Exhibit A ' A-3 GOAL& OBJECTIVE SHSP& LETPP Projects: Identify ONE Goal and ONE Objective in the Washington Statewide Homeland Security ' Strategic Plan that best represents the project: GOAL#: 6.2 1 GOAL DESCRIPTION: To manage the logistics of emergency resources to maximize response and recovery capability OBJECTIVE#: 6.2.1 OBJECTIVE DESCRIPTION: Enhance the capability of coordinate, receive, store and distribute emergency response stockpiles, prepositioned equipment and mutual assistance resources. Identify ONE Strategic Category, ONE Target Capability and ONE Element in the Region 6 Homeland Security Strategic Plan that best represents the project: STRATEGIC CATEGORY I STRATEGIC CATEGORY DESCRIPTION: Control & Coordination TARGET CAPABILITY#: 3 TARGET CAPABILITY DESCRIPTION: Planning ELEMENT#: 1 ELEMENT DEFINITION: To develop, validate, and maintain plans, policies, and procedures describing priorities, coordinated efforts, manage actions, and resources, and support personnel. Plans will address regional requirements with goals, objectives, milestones, and resources to ensure interoperability with government and non-government organizations. Planning includes links to training and exercising to ensure that federal, state, and regional agencies and disciplines are familiar with and capable of executing assigned roles. Planning incorporates the evaluation of after action reviews and lessons learned from exercises and resource allocation. UASI Projects: Identify ONE Goal and ONE Objective in the UASI Seattle-King County Urban Area Stratea that best represents the project: GOAL#: GOAL DESCRIPTION: _ jOBJECTIVE #: OBJECTIVE DESCRIPTION: ' Page 15 of 38 Exhibit A A-4 PROJECT DESCRIPTION: t Describe your project by answering ALL of the following questions separately: 1. Provide a description of your project (who/what/where/when/why/how): This continuing project is in support of the Zone wide all-hazard preparedness, , response, mitigation and recovery efforts. The Zone Coordinators will work with their respective Zone agencies and representatives to further the emergency management capabilities of the region. The Coordinators will provide several key and essential services for the region: Act as the Zone representative for planning efforts at county and state emergency management events and meetings, to include regional planning efforts with sheltering, at risk populations, etc. , The Coordinators will act as primary facilitators at the Zone level cooperative meetings. These meetings are essential to ensure consistent and comprehensive Zone activity and policy development. The Coordinators will act as the resource for information regarding training and education for Zone responders and agency representatives. Additionally, the Coordinators will assist in facilitating training activities in support of this activity. The Coordinators will work with Zone agencies and regionally to continue development of coordinated and cooperative resource management plans, process and policies. The Coordinators will work inter-zone and cross-borders to facilitate multi- discipline coordinated planning and training. The Coordinators will ensure member agencies in their respective Zones have access to public education materials that can be distributed to their communities. The Zone Coordinators are essential to the on-going efforts of the region in preparing , for and responding to all-hazard events in the region. The Coordinators have developed quality partnerships and cooperative endeavors that have kept regional participants on the forefront of the emergency management field. The Coordinators will continue to work as a resource for emergency management expertise and as a liaison to county and state agencies. They will act as a representative for their , respective Zone in cross border activities and planning efforts. 2. What is the purpose of the project? The zone planners act as facilitators of NIMS compliance, working with local t emergency management agencies in the development of or updating and reviewing of CEMP's for local jurisdictions, coordinating DHS training and compliance activities, development of EOC operational training, assistance with resource management systems development, and zone sponsored exercises. The zone coordinators report on the progress of the jurisdictions in the zone on a quarterly basis to the regional coordinator. All offerings in the zone are made available to regional partners. Page 16 of 38 Exhibit A 3. What problem does the project solve? Coordinators will work on continuing NIMS compliance requirements. A significant number of EM agencies are staffed with part time employees or individuals with other significant responsibilities. Turnover remains a problem in these-jurisdictions. The Coordinators provide continuity and institutional memory to sustain regional collaboration as new individuals come into the discipline. Also, coordinators will continue to act as representatives and advocates for Zone EM agencies in their efforts to advance evolving policies, procedures and programs for all-hazards event preparedness, response and recovery. Additionally, the coordinators will work cross- borders and inter-zone on the evolving resource management process. The coordinators will be the advocate for those member agencies who have no or limited resources to dedicate for emergency management planning. They will keep them apprised of HLS mandates, exercise requirements, training opportunities, and public education materials that will assist members cities prepare for, mitigate, respond and recover. They will serve as a conduit of information to these jurisdictions so any need for the coordination of services, i.e. opening shelters, sharing of resources, evacuations, etc can be planned for with a regional approach and with the sharing of resources. 4. How does the project enhance local/regional homeland security and preparedness for CBRNE/Terrorist/WMD incidents? This project involves continuous cooperation between county Zones. Coordinators will facilitate cross border training opportunities and regional cooperation in resource management. Coordinators will work cooperatively inter-zone for NIMS compliance and coordination of response planning. 5. What activities need to be completed to finish the project? if the project will be implemented in phases, identify this clearly and tie them to your timeline in the following section. Zone Coordinators will act as the focal point for Zone EM coordination meetings and to facilitate agency coordination and training development. Also, coordinators will act as representatives to various regional committees and work groups for participating Zone EM agencies, A significant number of EM agencies are staffed with part time employees or individuals with other significant responsibilities. Turnover remains a problem in these jurisdictions. The Coordinators provide continuity and institutional memory to sustain regional collaboration as new individuals come into the discipline. The coordinators will also work with Zone EM agencies in the on-going development of policies, procedures, and operational program needs for the regional resource management program. The coordinators will work cross borders and inter-zone to develop and coordinate on- going multidiscipline training in all-hazard preparedness, response and recovery to regional events. Page 17 of 38 Exhibit A 6. What are the tangible results and/or deliverables of the project? The Zone coordinators will provide on-going coordination of the NIMS compliance needs. By the end of this grant cycle: It is expected that all ICS 300 requirement will be met. ' It is expected that all ICS 400 requirements will be met. It is expected that all member agencies will have updated CEMP's It is expected that all Zones will have a coordinated resource management process for all-hazard event response by utilizing a county wide system and process. This will include any policies and procedures that are developed to support the process and the necessary training needed to appropriate staff. It is expected that the respective Zone Coordination Centers will have a better working and Interoperable process in place. It is anticipated that the all member agencies in the Zones will have completed their resource typing. 7. How will the grant funds be used to support this project? Grant funds will support on-going coordination and planning efforts for Zone 3. A Contract/Coordinator will be compensated for time and activities accomplished in support of this project. Page 18 of 38 , Exhibit A 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 Manager}. 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 Activity Completion Date Hire or continue employment of Zone Coordinator 5/15/09 Provide quarterly invoice and progress reports to KC OEM On going during grant c Ice Attend EM Meetings-including city,zone, region levels On going during rant cycle Complete any final reimbursement requirements 9/30/2010 Page 19 of 38 Exhibit B Exhibit B: BUDGET B-1 ALLOWABLE COSTS: Using Appendix B - Authorized Allowable Costs of FFY08-HSGP Program Guidance & Application Kit identify the allowable costs that best represent this project: Hiring of full- or part-time staff or contract/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties). B-2 BUDGET SUMMARY: Fill out the budget table using the correct budget category for your project expenses. For ALL item descriptions you MUST specify what the amount is for using question 7, section A-4 ofExhib&A. i Budget Category Planning Training Exercise Equipment Equipment $ - $ - $ - $ - Consultant Fees $ 100,000.00 $ - $ - Salaries & Benefits $ _ $ _ $ Overtime/Backfill $ _ $ _ $ _ Travel & Per Diem $ _ $ _ $ _ Goods & Services $ _ $ _ $ _ Total Amount $ 100,000.00 $ - $ $ Gr r 0 • - �i 100j000.00- 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. 1 1 Page 20 of 38 Exhibit C Exhlblt C: APPROVED EQUIPMENT LIST NOTAPPLICABLE OPROJECT T O THIS ***** This page left blank intentionally Page 21 of 38 EXHIBIT D Washington State Military Department CONTRACT FACE SHEET 1. Contractor Name and Address: 2. Contract Amount: 3. Contract Number King County Office of Emergency Management $4,623,486 E09-178 3611 NE 2nd Street Renton,WA 98056 4. Contractor's Contact Person, phone number. 5. Contract Start Date: 6. Contract End Date: Tony Lewis(206) 205-4069 September 1, 2008 December 31, 2010 7. MD Program Manager/phone number: 8. State Business License#: 9. UBI#(state revenue): Kristin Ramos(263) 512-7483 NA 578-037-394-9 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: 2008-GE-T8-0038 783SU,783SA, 783ST, 783SQ, 783SS 97.067-SHSP 91-6001327 15. Service Districts: 16. Service Area by County(ies}: 17. Women/Minority-Owned, State (BY LEG DIST): 1,5, 11,30.34,36, 37,41,43,45-48 King County Certified?: X N/A ❑ NO (BY CONG DIST): 7,8,9 ❑ YES,OMWBE# 18. Contract Classification: 19. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services X PubilclLocal Gov't X Contract ❑ Grant ❑ Agreement ❑ Coliaborative 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 ❑ Fled w/OFM? ❑ Advertised? ❑YES ONO ❑ VENDOR X SUBRECIPiENT ❑ OTHER 22. BRIEF DESCRIPTION: The U.S. Department of Homeland Security(DHS),Federal Emergency Management Agency(FEMA) Is providing funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from catastrophic and/or terrorist events through the FFY08 Homeland Security Grant, State Homeland Security Program. This funding is being provided to address the unique exercise, training, planning, equipment, organization, and management and administration needs of emergency responders. IN WITNESS WHEREOF,the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract. In the event of an inconsistency in this contract, unless otherwise provided herein, the Inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) Any other provisions of the contract Incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. WHEREAS,the parties hereto have executed this contract on the day and year last specified below. FOR THE DEPARTMENT: FOR THE CONTRACTOR: Signature Date Signature Date James M. Mullen, Director James J. Buck, County Administrative Officer Emergency Management Division for Washington State Military Department APPROVED AS TO FORM: King County Office of Emergency Management Sara J. Finlay (signature on file) 9/12/2007 Assistant Attorney General Form 10/27/00 kdb FEMA HSGP-FFY 08 Page 1 of 17 King County OEM Page 22 of 38 E09-178 EXHIBIT D SPECIAL TERMS AND CONDITIONS ARTICLE I --COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended 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 Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed without the prior written authorization from 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 Invoices 1 Within 30 days after the end of the period 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 1 timely manner will cause the Department to hold all requests for equipment approval until invoices are submitted. Final Invoice 1 No later than 45 day following the (shall not exceed overall contract amount) contract end date Technical #/Copies Due Date BI-Annual Strategy Implementation Report Electronic January 15 and July 15 of each year of the contract performance period BI-Annual Progress Report Electronic January 15 and July 15 of each year of the contract performance period Close Out Report Electronic No later than 45 day following the contract end date NIMS Compliance Progress Reports Electronic September 30 of each year of the contract performance period Failure to meet all of the reporting and invoicing deadlines will prohibit the Contractor from being reimbursed and will prevent vetting of equipment requests while contract requirements are outstanding. All contract work must end on the contract end date, including receipt of supplies and equipment, however the Contractor has up to 45 days after the contract end date to submit all final reports, invoices, and/or deliverables. 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: Jeff Bowers Sheryl Jardine FEMA-HSGP-FFY 08 Page 2 of 17 King County OEM Page 23 of 38 E09-178 EXHIBIT D ARTICLE IV--ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with all financial and procurement guidance, including competitive processes and other procurement requirements, to include but not limited to: Office of Management and Budget (OMB) Circulars, A-87 (Cost Principles for State, local and Indian Tribal Governments), A-102 (Grants and Cooperative Agreements with State and Local Governments), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of States, Local Governments, and Non-Profit Organizations), The Federal Emergency Management Agency's codified regulations, 44 Code of Federal Regulations (CFR), and the U.S. Department of Homeland Security's Financial Management Guide. Local and state procurement and contracting regulations take precedence over these requirements when local and state regulations are more stringent. ARTICLE V-- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency(FEMA) solely for the purpose of enhancing the capability of state and local units of government to prepare for, prevent, deter, respond to, and recover from catastrophic incidents resulting from man-made and natural events. The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of this contract. 2. Grant funds may not be used to replace or supplant existing funding. 3. The Contractor will 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. 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 whatsoever for services performed under this contract prior to distribution of appropriated federal funds. 5. 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. 6. The Contractor agrees that to receive any federal preparedness funding, all National Incident Management System (NIMS)compliance requirements outlined in applicable grant guidance must be met. ARTICLE VI— PROCUREMENT AND FINANCIAL MANAGEMENT: 1. All sole source contracts over $100,000 must 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 subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' sole source justifications. 2. 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 subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' contract. 3. No costs will be reimbursed in advance of their being incurred by the Contractor. 4. No costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 5. 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. 6. 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". 7. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates which can be found at http://www.asa.-gov. FEMA-HSGP-FFY 08 Page 3 of 17 King County OEM Page 24 of 38 E09-178 EXHIBIT D ARTICLE VII—EQUIPMENT MANAGEMENT: 1. The Contractor or a Subcontractor shall submit all proposed equipment purchases to the Committee on Homeland Security, Subcommittee on Equipment to ensure that the requested equipment is on the Authorized Equipment List, is aligned with the statewide equipment purchasing strategy, and meets all statewide interoperability and standardization requirements. No reimbursement for equipment costs will occur until the appropriate approvals have been obtained. 2. The Contractor or Subcontractor shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program requirements as outlined in the applicable grant guidance 3. All equipment purchased under this contract, by the Contractor or a subcontractor, will be recorded and maintained in the Contractor's equipment inventory system, unless specific de-obligated funds are contracted directly between a county, or other entity, and the State, in which case the contracted county maintains the equipment records. 4. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized subcontractor/subgrantee for which a contract, subgrant agreement, or other means of legal transfer of ownership is in place. 5. The Contractor, or a recognized subcontractor/subgrantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. 6. The Contractor shall maintain equipment records that include: a description of the equipment; 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 equipment. 7. Records for equipment shall be retained by the Contractor for a period of six 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. 8. For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section 13.3 definition of equipment will be used. It defines equipment as a tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. This definition will be used for equipment purchased with contract funds, unless local or state regulations are more restrictive. 9. The Contractor shall take a physical inventory of the equipment and reconcile the results with the equipment 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. 10. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, unauthorized use and theft of equipment, to include small and attractive Items. Any loss, damage or theft shall be investigated and a report generated. 11. The Contractor will develop adequate maintenance procedures to keep the equipment in good condition. 12. If the Contractor is authorized or required to sell the equipment, proper sales procedures must be established to ensure the highest possible return. 13. 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. FEMA-HSOP-FFY 08 Page 4 of 17 King County OEM Page 25 of 38 E09-178 EXHIBIT D 14. Equipment purchased with funds from DHS grant programs should be marked with"Purchased with funds provided by the U.S. Department of Homeland Security"whenever possible. 15. As subgrantees of federal funds, the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all subcontractors, consultants, and subgrantees who receive pass-through funding from this contract. ARTICLE VIII—SUBRECIPIENT MONITORING The Department will monitor the activities and equipment acquisition 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, and applicable federal and state financial regulations. Monitoring activities may include: • review of performance reports and documentation of contract deliverables completion; documentation of phone calls, meetings, a-mails and correspondence; • review of reimbursement requests to ensure allowability and consistency with contract budget and contract deliverables; • observation and documentation of contract related activities, such as planning, exercises, training, funded events and equipment demonstrations, • on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. As a subgrantee of federal funds, the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all subcontractors, consultants, and subgrantees who receive pass-through funding from this contract. FEMA-HSGP-FFY 08 Page 5 of 17 King County OEM Page 26 of 38 E09-178 EXHIBIT D Exhibit A 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 i 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 subcontractors) 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. L "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. FEMA-HSGP-FFY 08 Page 6 of 17 King County OEM Page 27 of 38 E09-178 EXHIBIT D 2. SUBRECIPIENT MONITORING 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 monitoring 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 (Finance Policy 02-006-06) and the Subrecipient Monitoring Procedures (Finance Procedure 02-006-06). 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 reasonable assurance of 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. FEMA-HSGP-FFY 08 Page 7 of 17 King County OEM Page 28 of 38 E09-178 EXHIBIT D d. Contractor shall provide right of access to its facilities and records to the Department and any 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. j4. 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 $600,000 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 (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 j 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 98430-6032 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. FEMA-HSOP-FFY 08 Page 8 of 17 King County OEM Page 29 of 38 E09-178 EXHIBIT D This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52); 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 Contractors failure to comply with applicable law, regulation or policy. 7. NON019CRIMiNATION 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 govemment 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. FEMA-HSGP-FFY 08 Page 9 of 17 King County OEM Page 30 of 38 E09-178 EXHIBIT D Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs"which can be found at www.ei3(s.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. FEMA-HSGP FFY 08 Page 10 of 17 Ktng County OEM Page 31 of 38 E09-178 EXHIBIT D 19. ADVANCE PAYMENTS PROHIBITED 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 parry 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. FEMA-HSGP-FFY 08 Page 11 of 17 King County OEM Page 32 of 38 E09-178 EXHIBIT D 28. TERMINATION OR SUSPENSION FOR CAUSE 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. FEMA-HSGP-FFY 08 Page 12 of 17 King County OEM Page 33 of 38 E09-178 EXHIBIT D 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 amount agreed upon by the Contractor and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (if) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (W) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. j 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 specked, 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 ail 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 FEMA HSGP-FFY 08 Page 13 of 17 King County OEM Page 34 of 38 E09-178 EXHIBIT D Exhibit B Statement of Work FFY 2008 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 prepare for, prevent, protect against, respond to and recover from terrorist attacks and other major disasters. Through the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), the FFY08 State Homeland Security Program is providing funds to enhance the capability of state and local units of government to make measurable progress towards the achievement of the National Preparedness Guidelines by addressing the unique exercise, training, planning, organization, equipment, and administration needs of local emergency responders; to strengthen improvised explosive device (IED) attack deterrence, prevention, and protection capabilities; and to strengthen preparedness planning. Washington State is subdivided into nine (9) Homeland Security Regions. Within each of the nine regions a Regional Homeland Security Coordinating Office(RHSCO) has been identified. King County Office of Emergency Management is the Region 6 RHSCO. King County Office of Emergency Management(herein known as the Contractor)agrees to the following. 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. Activities under this contract must have a clear correlation to the goals, objectives, and priorities identified jin the Washington State Strategic Plan and corresponding Investment Justifications submitted in the +� FFY08 grant application. 3. Plan and implement equipment purchases, exercises, training, planning and management & administration activities in accordance with the FFY08 Homeland Security Grant Program Guidance, which can be found at http:/twww.fema.govtgovernment/cirant/hsgpAndex.shtm, as well as all subsequent policy changes. 4. Ensure that all subcontractors and subgrantees are in compliance with the FFY08 Homeland Security Grant Program Guidance through monitoring of expenditures and periodic reviews of activities. 5. Submit a Bi-Annual Strategy Implementation Report (BSIR), via the web-based Grant Reporting Tool at httos://www.reportinci.odr).dhs.ciov as required in the contract Milestones. 6. Submit a Bi-Annual Progress Report to the e-mail address his.reporting@emd.wa.gov as required in the contract Milestones. 7. Submit at a maximum monthly and a minimum quarterly, signed and approved, invoice vouchers (State Form A-19) and a Reimbursement Spreadsheet to the Department for costs incurred. 8. If purchasing equipment, the Contractor must meet the following requirements: • Equipment must be in compliance with the FEMA Authorized Equipment List (AEL), as detailed at: htti)://www.rkb.us/. • Determine whether or not it is in the best interest of the Contractor to make purchases using its own procurement process or ask the Department to make purchases on its 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 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. FEMA-HSGP-FFY 08 Page 14 of 17 King County OEM Page 35 of 38 E09-178 EXHIBIT D 9. Exercises that are implemented with grant funds must meet the requirements of the FFY08 Homeland Security Grant Program Guidance, be threat and performance based, and should evaluate performance of critical prevention and response tasks required of the exercise scenario. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the FEMA portal within 60 days of completion of the exercise. Reimbursements for exercise related expenditures can not be made until this requirement has been met. 10.The FFY08 HSGP grant stipulates the following caps and thresholds: • The Contractor will not be reimbursed for Management and Administrative costs that exceed $138,705 of the total contract award. • The Contractor will not be reimbursed for personnel costs related to planning, training, exercise and/or equipment activities that exceed $508,000. • A minimum of 25% of the contract award must be spent on preparedness planning activities and/or strengthening improvised explosive device (iED) attack deterrence, prevention, and protection capabilities. • A minimum of 25% of the contract award must be spent on law enforcement terrorism prevention- activities. • Costs which qualify for both the preparedness planning/lED minimum requirement and the Law Enforcement prevention activities minimum requirement may be counted against both requirements. CONTRACTOR TASKS: 1. Purchase approved hazardous response, decontamination, medical surge, and explosive device equipment for first responder agencies; 2. Provide King County planning support for intelligence analysts and position related approved equipment needs for the King County Fusion Center and Seattle/King County RIG to strengthen information and intelligence gathering, analysis, and information sharing capabilities. j 3. Provide approved regional seminar for public and private stakeholders on the Automated Critical Assets Management System (ACAMS); provide approved regional seminar for public and private stakeholders on coordinating the region's critical infrastructure business continuity planning; and provide an approved regional workshop on issues pertaining to the cross sector interdependencies and cyber security issues of critical infrastructures for public and private stakeholders; 4. Provide planning support for the CBRNE program to move forward with integrated response protocols and the purchase of approved standardized equipment to address previously identified gaps; and provide planning support to create regional standardized protocols, guidelines, and evaluation criteria for Law Enforcement CBRNE teams region wide, and to apply the plans to approved local exercises, workshops, and drills. 5. Provide planning support for Resource Management to populate resource databases, develop a resource processing system for a technology based process for the management of staff, volunteers, resources, and donated goods during all hazard events. 6. Provide approved subject matter expert consultation for the development of fully functional Alternative Care Facility and Operations Plans 7. Provide planning support and associated public education materials for Citizen Public Education and to purchase and distribute approved safety equipment used by CERT trained individuals. 8. Purchase approved CBRNE rated equipment for respiratory protection for the King County Regional Tactical Teams. 9. Provide approved training and exercises for CBRNE Interoperable Communications, Medical Surge, and Incident Management to effectively respond to and recover from all hazard events; and provide approved equipment, planning support, and approved exercises and training for On Site Incident Management for the Seattle Metropolitan Incident Management Team to enhance incident management capabilities. FEMA-HSGP-FFY 08 Page 15 of 17 King County OEM Page 36 of 38 E09-178 EXHIBIT D 10. Provide King County Zone 1 and Zone 3 planning support for all hazard preparedness, response, mitigation, and recovery; provide facilitation support for Zone level cooperative meetings and serve as the resource for information regarding training and education for Zone responders and agency representatives. 11. 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 FEMA where necessary. 2. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement which includes all documentation of expenditures as required. MILESTONES FFY08 State Homeland Security Program MILESTONE TASK September 1, 2008 Start of contract performance period. September 30, 2008 Submit NIMS compliance report. January 2008 Contract Execution. 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. January 15, 2010 Submission of Bi-annual Strategy Implementation Report(BSIR) & Progress Report. December 31, 2010 End of contract performance period. l No later than January 15, 2011 Submit all final reports, requests for reimbursement and/or deliverables. FEMA-HSGP FFY 08 Page 16 of 17 King County OEM Page 37 of 38 E09-178 i EXHIBIT D Exhibit C BUDGET SHEET IFFY 2008 State Homeland Security Program PLANNING Sub-Category Salaries &Benefits $ 527,500 Funding Souce 783SU Consultants/Sub-Contracting $ 425,000 Goods &Services $ 175,000 Travel&Per Diem $ - Other-indirect $ - Total $ 1,127,600 TRAINING Sub-Category Funding Source 783ST Salaries&Benefits $ 130,000 Consultants/Sub-Contracting $ 30,000 Goods &Services $ 5,000 Travel&Per Diem $ 15,000 Other $ - Total $ 180,000 EXERCISE Sub-Category Funding Source 783SQ Salaries&Benefits $ 190,000 Consultants/Sub-Contracting $ 89,000 Goods&Services $ 36,000 Travel&Per Diem $ - Other $ - Total $ 315,000 MANAGEMENT& ADMINISTRATION Sub-Category Funding Source:783SA Salaries&Benefits $ 130,000 Consultants/Sub-Contracting $ - Goods&Services $ 8,000 Travel&Per Diem $ - Other $ Tota{ $ 138,000 ORGANIZATION Sub-Category Funding Source:783SD Salaries&Benefits $ - Overtime $ Consultants/Sub-Contracting $ 250,000 Goods&Services $ - Travel&Per Diem $ 15,000 Other-Indirect $ Total $ 265,000 EQUIPMENT Sub-Category Funding Source:783SS Equipment $ 2,597,986 Total $ 2,597,986 Total Budget $ 4,623,486 1. Cumulative changes to budget categories in excess of 10%of the contract award will not be reimbursed without prior written authorization from the Department. Federal funds maybe used to suppliment existing funds,and will not replace(supplant)funds that have been appropriated for the same purpose. 3. The Contractorwill not be reimbursed for Management and Administrative costs that exceed$138,706 of the total 4. The Contractor will not be reimbursed for personnel costs related to planning,training,exercise and equipment activities that exceed$508,000. 5. Aminimum of 25%of the contract award must be spent on preparedness planning activities and/or strengthening improvised explosive device(IED)attack deterrence,prevention,and protection capabilities. 6. Aminium of 25%of the contract award must be spent on law enforcement terrorism prevention-activities. FEMA-HSGP-FFY 08 Page 17 of 17 King County OEM Page 38 of 38 E09-178 Kent City Council Meeting Date May 19, 2009 Category Consent Calendar - 6H 1. SUBJECT: TERRORISM RESEARCH CENTER CONSULTANT CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a contract with Terrorism Research Center in an amount not to exceed $100,000 to enhance Zone 3 Emergency Management Planning. This agreement directly coincides with and will be paid for by the King County Office of Emergency Management - Homeland Security grant which is before Council under consent calendar item 6G. The consultant will assist Emergency Management in the continued growth of existing discipline groups, resource management, and essential planning expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Zone 3 Emergency Management Directors and the Regional Disaster Plan. The contract has been reviewed and approved by the City Attorney's Office. 3. EXHIBITS: Consultant Services Agreement 4. RECOMMENDED BY: Staff and Public Safety Committee (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: 1 KENO WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Terrorism Research Center (TRC) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Terrorism Research Center (TRC) organized under the laws of the State of Virginia, located and doing business at 4301 N Fairfax Drive, Suite 305 Arlington, VA 22203, phone 703-380-9194 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: To assist in the continued growth of existing discipline groups, and essential expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Regional Disaster Plan in accordance with the City's Request for Proposal regarding this project and Consultant's response to that proposal, dated 22 March, 2006. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by March 31, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Thousand Dollars ($100,000.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - I (Over$10,000) B. The Consultant shall submit monthly payment invoices to tho 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 1 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 49 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) t VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the 1 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, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of l 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: (signature) By: (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (Title) (Title) DATE: DATE: CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mr. Ed Reed Jim Schneider, Fire Chief Terrorism Research Center - TRC City of Kent 4301 N Fairfax Drive, Suite 305 220 Fourth Avenue South Arlington, VA 22203 Kent, WA 98032 (703) 380-9194 (telephone) (253) 856-4300 (telephone) (703) 935-2666 (facsimile) (253) 856-6300 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field,you may enter the electronic filepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The Cityof Kent is committed to conform to Federal and State laws regarding equal opportunity. 9 9 q P As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_ By: For: Title: Date: , EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY I 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 i This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. i I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 ' By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Kent City Council Meeting Date May 19, 2009 1 Category Consent Calendar - 6I 1. SUBJECT: SANTIAM EMERGENCY EQUIPMENT GOODS & SERVICES AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Goods and Services Agreement with Santiam in an amount not to exceed $150,000, for fire department protective equipment. The Fire Department requested and received from the Mayor a waiver, pursuant to KCC 3.70.080, of the City's procurement ordinance for the purchase of personal protective equipment for the year of 2009. Santiam is the sole distributor for Securitex/Sperian personal protective equipment, and the City has had a strong working relationship with Santiam for over 10 years. Firefighting clothing needs to be replaced on an ongoing basis due to normal wear and tear, to meet new safety standards, and to utilize improved technology. The cost for 2009 to replace aged or damaged bunker gear will not exceed $150,000. As standard practice, equipment is evaluated by the Fire Department to ensure this criterion is met and that the City purchases the most effective product for its tax dollars. After an extensive evaluation process, the Fire Department has found that the Securitex/Sperian brand continues to meet these criteria. 3. EXHIBITS: Sole Source Authorization and Agreement 4. RECOMMENDED BY: Staff and Public Safety 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 iDISCUSSION: ACTION: FIRE DEPARTMENT Jim Schneider, Fire Chief Phone: 253-856-4300 KEN T Fax: 253-856-6300 WASH INOTON Address: 24611 116th Ave SE Kent, WA. 98030 March 30, 2009 TO: Suzette CoofMayor FROM: Jim Schneider, Fire Chief RE: Single Source Procurement for PPE The Fire Department is requesting a waiver, pursuant to KCC 3.70.080, of the City's procurement ordinance as negotiation with a particular supplier is appropriate due to the specialized needs of the Fire Department. The Kent Fire Department has been extremely diligent in purchasing Personal Protective Equipment (PPE) at the lowest possible price. Protective clothing needs to be replaced on an ongoing basis due to normal wear, to meet new safety standards and to utilize improved technology. The cost for 2009 of the replacement for aged or damaged bunker gear will not exceed $150,000. Over the last decade the Department has had sole vendor authorization contracts with Santiam Emergency Equipment, Inc., the sole distributor for Sperian, the manufacturer of our current protective clothing. As a standard practice, bunker ear is evaluated b Kent Fire to ensure that safety p 9 Y Y criteria are met and that the best product is purchased for the tax dollar spent. After 6 months of field testing several styles of bunker gear in 2006, a recommendation was made to continue our long standing relationship with Securitex. The Sperian gear is superior in the areas of abrasion resistance and flame impingement. Also, the gear has an ergonomic cut for more flexibility and range of motion. The Fire Department would like to contract with Santiam Emergency Equipment for the purchase of Sperlan protective clothing. It is advantageous for the Department to purchase one brand of bunker gear. This creates standardization and uniformity. This is better for firefighters who know the abilities and limitations of the gear they wear, and it presents a professional visual appearance to the public. Also, it Is much easier to make changes or have supplemental work done when working with one vendor. t By this memo, the Fire Department requests that you authorize direct negotiations with Santlam Emergency Equipment for the purchase of Personal Protective clothing. If you approve of the Fire Department's request for a waiver of the City's procurement policies, please note your approval by signing below. Thank you. - - --------_ --------------------- Z °, '------- u tt�C oke, Mayor Dat • KENT W A 5 H I N G T O N GOODS & SERVICES AGREEMENT between the City of Kent and Santiam Emergency Equipment, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Santiam Emergency Equipment organized under the laws of the State of Washington, King County, located and doing business at PO Box 13585, Salem, OR, 1-800-771-8041, Dave Lindenmuth(hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: SE - S250VZ8 Securitex U1traMotion Coat. SE - S350VZ8 Securitex U1traMotion Pant. See Exhibit A Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2009. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $150,000, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS &SERVICES AGREEMENT- 1 (Over$]0,000.00, including WSST) Vendor will be paid (net 30 days) through purchase order after the bunker gear has arrived and been invoiced. Vendor should submit invoices to City of Kent/ Kent Fire Department, Attn: Accounts Payable, 220 4th Ave S., Kent, WA 98032 If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the GOODS&SERVICES AGREEMENT-2 (Over$10,000.00, including WSST) Vendor may elect to protest the adjustment y pas provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or(3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the iCity determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS&SERVICES AGREEMENT-3 (Over$10,000.00, includingWSST) D. Failure to Protest Constitutes Waiver. B not protesting as this section provides, the Vendor also Y p g waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. l IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. GOODS&SERVICES AGREEMENT-4 (Over$]0,000.00, including WSST) The provisions of this section shall survive the expiration or termination of this Agreement. p P �' XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. 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 an of the provisions of this Agreement Y p � shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. � G. Entire Agreement. The written provisions and terms of this Agreement, together with an �' p �' g Y 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. GOODS&SERVICES AGREEMENT-5 (Over$10,000.00, including WSST) However should an language in an of the Exhibits to this Agreement conflict with an language contained in > YY �' Y this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal state and municipal p g pY p laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, ' equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Santiam Emergency Equipment, Inc Chief Weatherill PO Box 13585 City of Kent Salem, OR 97309 220 Fourth Avenue South Kent, WA 98032 253-951-3283 (telephone) (253) 856-4300 (telephone) 253-344-1923 (facsimile) (253) 856-6300 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field,you may enter the electronic filepath where the contract has been saved] GOODS&SERVICES AGREEMENT-6 (Over$]0,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: l. 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 of 3 CITY OF KENT ADMINISTRATIVE POLICY , NUMBER: 1.2 EFFECTIVE DATE: January 1 1998 t SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. ' Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement tknown as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part ' of the before-mentioned Agreement. Dated this day of , 200 By: ' For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 of 3 Exhibit A SANTIAM EMERGENCY EQUIPMENT, INC. PRICE QUOTATION End-user:Kent Fire Contact: Tracy Staggers Y' Tel: 253-856.4477 Quote#: Fax: N.A. s25ovz8 OVZ8 Certified for NFPA 1971,EDITION 2007: 1 YES , Codes Description I Price US COAT S25 UltraMotionCoat(male) Zipper+Hook&Loop closure Quantity: 1 O 7.4 osy Matrix TM,PBI/Kevlar® black Select shell color V 5.0 osy CROSSTECHO/NomexOPJC 1 Z8 7.6 osy War Glide 2-Layer Option _- = F,== = Qt - NEW YORK 3"ScotchliteT""Triple Trim select color = `= 1` Select trim color • '' 31/4"NomexO knit wristlets(wrist only),breathablewaterweil Sleeve Cuffs in Outer shell P double stitched 'M�� Draq Rescue Device DRD _ SteamGard Wrist TrimTM std trim),Incl.on UltraMotlon Accessory Hook on Hypalon@ patch 3"x 2"),ea. ULC Microphone Loop 1"x 2 1/2" ,ea. URC Microphone Loop 1"x 2 1/2",ea. ULC Just above Acc Hook SO-173-V Mic loop and Hookspec Glove holder 7/8"x 12",ea. LLC > Radio Pocket 7'Y2 x 3Y2"x 2"),ea. , Microphone Loo 1"x 2 1/2'.),ea. Storm flap#5 position .Y ScotchliteTm Letters&Numbers 3"Yellow 8 "KENT FIRE"Position B Inspection Port on coat and pant,UltraMotion Removable Hanging Tail 4"x 19 1/2" , ScotchliteTm Letters&Numbers 3"Yellow 7 Subtotal $ 1,085.17 2 BUILT-IN SIDEWINDER POCKETS 911-Gear? $ - P t r Coat Price $ 1,085.17 Y s35ovz8 OVZ8 Certified for NFPA 1971,EDITION 2007: YES ,ak Codes Description Price US PANTS S35 UltraMotion Pant(male) Zipper+HookT&Loop closure Quantlty:1 1 - O 7.4 osy Matrix TM PBI/Kevlar® black select shell color ' V 5.0 osy CROSSTECHO/Nomex®PJC Z8 7.6 osy War Glide 2-Layer Options -<_: Y _ _ r . _0. ITT'?-: 77 Qt PANT 3"Scotchlite Tm Triple Trim select color select tnm color Reverse boot cut Back of pant leg one Inch shorter than front 4 layer knee pads Advanced Foam Technology Padding for Suspenders Inspection Port on coat and pant,UltraMotion h - Myra Kevlar®pouch reinf.Full-Bellow kt#186,pair incl.on UltraMotion OPTION 186(2 Full Bellow pockets INCLUDED) Knee Patches in outer shell P _ Subtotal $ 747.40 Pant Cuffs in outer shell P(double stitched) 911-Gear? - Removable Suspenders New England Style for Pant,pair Pant Price 747.40 sy: Preparedby: Dave Undenmuth TOTAL Price per $ 1,832.57 ' Date: EnterDateon Order Info TAB $ 1,832.57 set Approvedby: This order will be ready for delivery 6 to 8 weeks after reception of a complete order Terms:Net 30 days,FOB Sperian Protective Apparel,Montreal,Quebec,Canada,Quotation in US$and valid for 60 days. Coat size Pant size 1 911 Gear orders are 10%more than regular orders 54.56 48-50 +10%* 58-60 1 52-54 1 +15%u* +10%*for pant inseam longer than 32" Dave Lindenmuth,Sales Rep Phone:253-951-3283 E-Mail:dlindenmuth@santiam.net Exhibit A SANTIAM EMERGENCY EQUIPMENT, INC. PRICE QUOTATION 62-66 1 56-56 1 +20%* *Marked surcharges applicable to garment components only. J' Dave Lindenmuth,Sales Rep Phone:253-951-3283 E-Mail:diindenmuth@santiam.net EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. 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. ' B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,006 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. ' C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following ' provisions for Automobile Liability and Commercial General Liability insurance: 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 1 written notice by certified mail, return receipt requested, has been given to the City. EXHIBIT A (Continued) 3. The City of Kent shall be named as an additional insured on all policies ' (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The ' City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom 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 ANII. 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. 1 i Kent City Council Meeting Date May 19, 2009 Category Consent Calendar - 61 ' 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT, REDUCE UNDERAGE DRINKING - ACCEPT 2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission Grant in the amount not to exceed $2,400, and authorize the Police Chief to sign all necessary documents. This grant has been awarded to Reduce Underage Drinking (RUaD) enforcement 1 and will be used over time for compliance check teams comprised of police officers working with youth operatives and Liquor Control Board members. Funding is on a reimbursement basis. 3. EXHIBITS: Memorandum of Understanding 4. RECOMMENDED BY: Public Safety Committee 5/12/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: BTATgO� , ,A Yq -y'I IBB9 d0 MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION I THIS AGREEMENT, pursuant to Chapter 39.34 RCW is made and entered into by and between the Kent Police Department (Agency Name) hereinafter referred to as Agency, and the Washington Traffic Safety Commission, hereinafter referred to as WTSC. ' IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct "Reducing Underage Drinking: Enforcement of Underage Drinking Laws." Funding from this agreement is available for activity conducted between April 19, 2009 and May 30, 2009. Funding shall be used to support efforts related to the enforcement of underage drinking laws. Funding may be use for the following underage drinking enforcement-related activities, including, but not limited to: • Conducting underage DUI enforcement activities strategically addressing areas and nights where teen drinking and driving traditionally occurs, such as prom nights. • Conducting alcohol compliance checks addressing areas and nights where teen drinking typically occurs, such as prom night. • Conducting party intervention patrols by responding to teen drinking parties and arresting minors for minor in possession and other illegal activities. IT IS, THEREFORE, MUTUALLY AGREED THAT. 1. Agency will provide commissioned police officer(s) (active or paid reserve)with appropriate equipment (vehicle, radar, etc) on an "overtime" basis (not to exceed 1.5 times normal salary)to participate in underage drinking enforcement activities. Agency may provide communications officers/dispatch personnel on an overtime basis with prior approval from Impaired Driving Program Manager for the WTSC. 2. Agency will receive an amount not to exceed $ 2,400.00 for overtime for conducting the underage drinking enforcement activities. 3. This is an enforcement activity intended to enforce underage drinking laws. It is expected that a Notices of Infraction/Citation will be issued at contact unless circumstances dictate otherwise. It is understood that violator contacts may result in related, time-consuming activity. Such activity will be considered for reimbursement. Activity other than that initiated through emphasis patrol contact (investigating collisions, emergency responses, etc)will be the responsibility of the contracting agency and may not be considered for reimbursement. MOU Underage Drinking Enforcement May 2009 page 1 of 3 4. Agency must provide a news release regarding activity conducted under this MOU to local new outlets. 5. Agency must report on activity conducted in support of enforcing underage drinking laws within one week of the completion of the project. Reports must show personnel, dates and times of , the enforcement, as well as enforcement activity results. WTSC individual officer logs (Attachment A) will be required for DUI patrols. Reports must be sent to the WTSC Impaired Driving Program Manager at: ' Shelly Baldwin Washington Traffic Safety Commission ' 621 8th Ave SE, Suite 409 P.O. Box 40944 Olympia, WA, 98504-0944 sbaldwinewtsc.wa.gov (360) 725-9889 6. Payment cannot be made until reports (and/or logs) are received. 7. The CFDA number for these funds is 16.727. 8. Agency must submit claims (Al 9-Alform)for reimbursement in a timely manner to their Impaired Driving Program Manager(name and address above). Agency must submit reimbursement forms no later than June 30, 2009. Requests for reimbursement received after August 15, 2009 will not be honored by the WTSC. Claims for reimbursement must include: ♦ Invoice Voucher, A19-1A Form. Please note that we cannot accept a fax. Identify your agency as the "Claimant." Include a Federal Tax ID number and an original signature of the agency head, command officer or contracting officer on the Al 9-Al form. ♦ Payroll support documents. ♦ Copy of activity report as described in #4 above. 9. Disputes arising under this agreement shall be resolved by a panel consisting of one representative of the WTSC, one representative from the Agency and an agreed upon third party. The dispute panel shall decide the dispute by majority vote. 10. Either party may terminate this agreement upon 30 days written notice to the other party. In the , event of termination of this agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. ' 11. Agency certifies that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. 12. Agency certifies that all of the officers that participate in DUI emphasis patrols under the terms of this agreement are SFST trained. MOU Underage Drinking Enforcement May 2009 page 2 of 3 , IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THI AGREEMENT Kent Police Department ' Agency Washington /Tr is Safety Commission l `7 1 Steven D. Strachan. Chief of Police 6- o� Contracting Agent (Name) Date Signature Date IPlease return this signed MOU to: Shelly Baldwin WTSC PO Box 40944 Olympia, WA 98504-0944 sbaldwin .wtsc.wa.gov (360) 725-9889 ' MOU Underage Drinking Enforcement May 2009 page 3 of 3 Kent City Council Meeting Date May 19, 2009 Category Consent Calendar - 6K 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT, NIGHTTIME SEAT BELT ENFORCEMENT - ACCEPT 2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission grant in the amount of $7,000, and authorize the Police Chief to sign all necessary documents. The grant provides reimbursable funds up to the amount of $7,000. The funds will be used to pay for commissioned police officers' overtime during the Night Time Seat Belt Enforcement which will run from May 18 through June 7, 2009. 3. EXHIBITS: Award letter from WTSC 4. RECOMMENDED BY: Public Safety Committee 5/12/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes Y No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ur STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S.Cherry St.,PO Box 40944•Olympia,Washington 98504.0944•(.760)75d•6197 April 21, 2009 Cesi Velez and Sgt. Cagle Kent Police Department 220 4th Ave. S. Kent, WA 98032 Dear Ms. Velez and Sgt. Cagle: Your request for a$7000.00 grant to participate in Night Time Seat Belt overtime patrols that take place May 18—June 7,2009 is approved. We will mail you a signed copy of the Memorandum of Understanding. Remember,patrols can be no more than five hours in length and must not start before 7:00 pm or they won't be reimbursed. Please refer to your Grant document for your agreed upon tasks. Funding is on a"reimbursement" basis and requires submission of an A-19 after your patrols are completed.A faxed A-19 cannot be paid, we must have a signed original. Forms for the project are available at the WTSC web page www.wtsc.wa.gov or by contacting me at jvandykgwtsc.wa.gov. To be reimbursed,please submit the following: 1. Activity(ticket) log summaries. Fax or email these to us within 48 hours of the patrol,then mail a hard copy with your A-19. FAX to Jonna VanDyk(360-586- 6489) or email to jvandykQwtsc.wa.g_ov 2. An A-19 that explains the patrol hours who are seeking reimbursement for. 3. Signed overtime slips or payroll/expense records showing payment of officers *1 4. Copies of citations z 5. "Lessons learned"report Deadline for reimbursement documents: July 24, 2009. Documents received after that date will not be paid. CFDA number: The CFDA number for these funds is 20.602. The funds are federal. Allowable use of funds is for overtime salary(@ 1.5 times normal rate), and wages and benefits of commissioned personnel approved in your grant request. No equipment purchases are authorized. The traffic fatal and injury data shows great progress that could not have been made without the support we receive from law enforcement. We greatly appreciate your participation in this program. Sincerely, J Dina VanDyk tccupant Protection Program Manager (360) 586-3870 jvandyk a,wtsc.wa.gov JV:tw Attachments: Form A19-IA Signed MOU Footnotes 1. We need some proof that the officers were paid for this work. 2. These are needed for the research project. WTSC assumes full responsibility for keeping all identifying information strictly confidential. 3. Not mandatory.No specific format;but extremely helpful if you can send information about what worked and what didn't when condycting seat belt patrols at night. Kent City Council Meeting Date May 19, 2009 Category Consent Calendar - 6L 1. SUBJECT: MEMORY CARE AT ARBOR VILLAGE, BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Memory Care at Arbor Village for 1 gate valve, 1 hydrant, 15 linear feet of waterline, and 30 linear feet of new 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: i . �T, I ;)- MAIL TO: 1 CITY OF KENT ENGINEERING DEPARTMENT � ATTN: Jackie Bicknell KEN T 220 — 4T" AVENUE SOUTH WASH I N a T o N KENT, WASHINGTON 98032 Project: The Lodge at Arbor Village Permit #: #cnst-2083993wtr (fire hydrant) #cnst- 2071281cg (curb and gutter) #cnst-2071276 (main building permit) Location: 24004 114th Place SE Parcel #:202205-9157 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 251h day of March 2009 , by and between Stanley &Shorten, LLC dba Stanley Shorten Real Estate Group 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,7bargain, sell to Grantee the following described improvements: A. WATERMAINS: Together with a total of one (1) gate valves at $ 2,400 each, one (1) hydrants at $ 2,600 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) 114th Place SE Including fifteen (15) linear feet at $ 20.00 per LF of six (6) feet. (size &type) ductile waterline. B. SANITARY SEWERS: Together with a total of manholes at $ each and/or any other appurtenances thereto. ON FROM TQ (street, easement, etc.) Bill of Sale 1 of 4 Including linear feet at $ per LF of (size &type) sewerline. C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM ,TO (street, easement, etc.) 114th Place SE 80'south of intersection of 114th 110'south of corner of 114th Place Place SE and 240th SE and 240th Including thirty (30) linear feet at $ 110 per LF of Driveway Approach (size &type) six (6) feet deep and thirty (30) feet long (improvement). D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) (improvement). E. STORM SEWERS: Together with a total of manholes at $ each or total of catch basins at $ each, LF of biofiltration swale or drainage ditch with a total cost of $ cubic feet of detention pond storage with a total cost of$ , and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) sewerline. 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 materials 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(s). 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 Bill of Sale 2 of 4 City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this 25th day of March, 2009 A; �7 Thomas E. Stanley Date STATE OF WASHINGTON ) SS COUNTY OF KING ) On this 25th day of March, 2009 , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Thomas E. Stanley know to me to be the Manager of Stanley & Shorten, LLC dba Stanley Shorten Real Estate Group the Limited Liability Company that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. s i.Do � t►,t ��'4� �% Not Ic h ndJ fo the State i y Was ing ,5e'slding at WASN�NG,� 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 Bill of Sale 3 of 4 04/04/2009 00:12 2538501288 KOELSCH CONSTRUCTION PAGE 02/05 t NT WASHIMaTQN ENGINEER'S CERTIFICA'f<"ION MY OF KENT KING CQUNTYr WASHINGTON The tlgures used on the Bill Of Sale for Lodge at Arbor Village project dated March 25,"2OC9 , for the same said Lodge at Arbor Village project. the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee tti6F-JPJ � � , the firm I If responsible :,or the preparation of the record drawings. Signature- (Engineer stamp required) ;r Sill of Sale 4 of 4 , Kent City Council Meeting Date May 19, 2009 Category Consent Calendar - 6M 1. SUBJECT: HIGHLAND PARK TOWNHOMES, BILL OF SALE - ACCEPT I 2. SUMMARY STATEMENT: Accept the Bill of Sale for Highland Park Townhomes for 1 gate valve, 1 hydrant, 313 linear feet of waterline, 4 sewer manholes, and 561 linear feet of sewer line. 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: 1 KENT W A S H I N G T O N MAIL TO: ENGINEERING DEPARTP4ENT ATTN: TA <i�. ?iC 220 4 AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: HIGHLAND PARK TOWNHOUSES LOCATION: 25200 104TH AVE SE TAX ACCT NO: 202205-9290 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS WSTRUMENT made this-t day of A YLv 20 09 by and between nt , hereinafter called "Grantors",and tity 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 1 gate valves at$ 300 each, 1 hydrants at$ 2500 each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including 313 linear feet at$ 35 per LF of 8" (size& type) D.I. waterline. B. SAMIARY SEWERS: Together with a total of 4 manholes at $ 2500 each and/or any other appurtenances thereto. 1 of 4 Bill of Sale ON Tract B FROM TO (street,esmt,etc) Including 561 linear feet at$ 40 per LF of 8" (size&type) PVC sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including centerline LF at$ per LF of (type)streets, Feet asphalt V2 roadway. A STORM SEWERS: Together with a total of manholes at$ each or a total of catch basins at$ each, LF of biofiltration Swale or drainage ditch with a total cost of$ CF of detention pond storage with a total cost of$ ,and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including linear feet at$ per LF of (size&type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; ' that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF� the undersigned has caused this instrument to be executed on this day of 9 1'1 ,20 (-)6 IV 2 of 4 Bill of Sale STATE OF WASHINGTON ) ) SS COUNTY OF40NG On this ( day of &Q k 200 of ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared I�l/���-fC1 �� OWl c(��bYl to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Notary Public in and for the r) State of Washington,residing at V 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 STATE OF Washington ) )-ss COUNTY OF Pierce ) I certify that I know or have satisfactory evidence that Crystal Thompson, is/are the person(s) who appeared before qe, and said person(s) acknowledged that he/ /they signed this instrument, on oath stated that he/?Wthey is/are authorized to execute the inst ul2ent and aknowledged it as the Vice President of PWr Homes to be the free and voluntary act of such party(ies) for the uses and purposes mentioned ��in//this instrument. 1 Dated: Sherry Bernkl Notary Public in and for the State of Washington Residing at: Buckley SHERRY L. BERNKLAU My appointment expires: 6/29/12 NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JIINE 29, 2012 i I ADDENDUM TO BILL OF SALE CITY OF KENT The figures used on the Bill of Sale for Highland Park Townhouses project dated 1/09/08 ,were based on the"As-Built" Engineering Plans dated 12/10/07 ,for the same said Highland Park Townhouses project. William 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. cs�� Sign-at re Q-5 0 i1332 -391toAIAL`dt'L� 4 of 4 Bill of Sale REPORTS FROM STANDING COMMITTEES AND STAFF �Z A. COUNCIL PRESIDENT B. MAYOR S T g� �U �y a.m1r� �lQ Jw6l ' 0 co 1"-1� r C. OPERATIONS COMMITTEES ����v� [�C1 �7Y1 Z0��a OU10GW ram- Ced �C t D. PARKS AND HUMAN SERVICES COMMITTEE ? 3 E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE � , G. PUBLIC WORKS H. ADMINISTRATION t o GC?Yt r w . 311, "X REPORTS FROM SPECIAL COMMITTEES 10 ,t [kCCS 1 i 1 KEN T WASH IN0?ON OPERATIONS COMMITTEE MINUTES APRIL 21, 2009 Comminee ftm4grs Present: Debbie Raplee, Tim Clark, and Les Thomas The meeting was called to order by Tim Clark at 4:03 p.m. 1. APPROVAL OF MINUTES DATED APRIL 7, 2009 Thomas moved to approve the minutes of the April 7, 2009 Operations Committee meeting. Raplee seconded the motion, which passed 3-0. 2. AMOMAL QE VQUCLjCRS DATEDRC 1 2009 AND APRIL 15 2009 Finance Director Bob Nachlinger presented the vouchers for March 31, 2009 and April 15, 2009 for approval. Raplee moved to approve the vouchers dated March 31, 2009 and April 15, 1 2009. Thomas seconded the motion, which passed 3-0. 3. MOVE TO RECOMMEND THAT THE GROUP HEALTH COOPERATIVE CONTRACT FOR THE CITY'S INSURED HMO PLAN BE PLACED ON THE CITY COUNCIL'S CONSENT CALENDAR FOR THE MAY 5, 2009 MEETING AUTHORIZING THE MAYOR TO SIGN THE CONTRACT. Employee Services Benefits Manager Becky Fowler presented the renewal of the Group Health Cooperative of Puget Sound contract for the City's insured health maintenance organization (HMO). The 2009 contract reflects an approximate 13.23% increase in the health care premiums charged by Group Health Cooperative and is budgeted in the health and welfare fund. The budget impact is $454,838. The City purchases insurance with Group Health Cooperative of Puget Sound. Fowler noted that Group Health is a non-profit, health maintenance organization (HMO) providing primary care medical and specialty center throughout the Pacific Northwest. Approximately 41 employees and their families are covered under our Group Health Cooperative plan. Questions were raised by the Committee which Fowler responded to. Thomas moved to recommend that the Group Health Cooperative contract for the city's self-insured HMO plan be placed on the City Council's consent calendar for the May 5, 2009 meeting authorizing the Mayor to sign the contract. Raplee seconded the motion, which passed 3-0. 4. MOVE TO RECOMMEND APPROVAL OF THE ICMA RETIREMENT CORPORATION SERVICES CONTRACT FOR THE CITY'S DEFERRED COMPENSATION PROGRAM SUBJECT TO APPROVAL OF TERMS BY THE CITY ATTORNEY'S OFFICE AND THAT THE MATTER BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR THE MAY 5, 2009 MEETING. 2 Operations Committee Minutes April 21, 2009 Page: 2 Employee Services Senior HR Analyst Ray Luevanos advised that the city is recommending a sole provider services contract with ICMA Retirement Corporation (ICMA-RC) to provide administrative oversight of employee owned deferred compensation investment accounts. Luevanos noted that there are currently two primary providers; ICMA Retirement Corp. and Nationwide. In exercising its fiduciary responsibility to conduct a review of the current providers, the city negotiated significant reduced fees structures for its employees under this seven- year sole provider option. The budget impact is $0 (Administrative Services Contract) Approximately 579 active employees are participating in the city's 457 deferred contribution plans with approximately $30-$35 million in assets. Reduced administrative fees, best of class investment options, and Improved service levels have been negotiated as part of this contract. Questions were raised by the Committee which Luevanos responded to. Raplee moved to approve the ICMA Retirement Corporation Services Contract for the City's Deferred Compensation Program subject to approval of terms by the City Attorney's office and amend the ordinance establishing the 457 plan if determined necessary by the City Attorney's office in accordance with the ICMA Retirement Corporation Services contract. I move that this matter be placed on the City Council consent calendar for the May 5, 2009 meeting. Thomas seconded the motion, which passed 3-0. S. MOVE TO RECOMMEND COUNCIL AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH AMTEC FOR ARBITRAGE SERVICES REGARDING IRS REPORTING OF THE CITY'S TAX EXEMPT BONDS AND NOTES, WITH AN INITIAL FIVE-YEAR TERM AND TWO OPTIONAL FIVE-YEAR EXTENSIONS, THE COST OF SUCH SERVICES TO BE WITHIN AVAILABLE BUDGETS, AND THE AGREEMENT SUBJECT TO FINAL TERMS AND CONDITIONS ACCEPTABLE TO THE CITY ATTORNEY. Finance Director Bob Nachlinger advised that interest earnings on municipal bonds are exempt from federal income tax if the issuer complies with the requirements of the Internal Revenue Code. Municipalities are not allowed to use tax-exempt bonds for non-qualifying purposes. Arbitrage is a municipality's profit from borrowing funds in the tax-exempt market and investing them in the taxable market. Municipalities are required to monitor the use of bond proceeds, and related investment earnings, and prepare reports of compliance, The Internal Revenue Code requirements are very dynamic and complex. Therefore, the Finance Department recommends that this service continue to be performed by a firm that specializes in this field. Nachlinger advised that these services were advertised through a formal request for proposals process. The Finance Department recommends award of this Agreement to American Municipal Tax-Exempt Compliance Corporation, dba AMTEC. The Agreement provides for an initial five (5) year term, and allows the City to elect to extend the Agreement for two (2) additional Five (5) year terms. However, either party may terminate the Agreement ' 3 Operations Committee Minutes April 21, 2009 Page: 3 at any time upon providing the other party thirty (30) days' advance written notice. The estimated cost of the initial five-year term is $23,400. However, during this initial term, the City may add additional bonds and notes that will require arbitrage services. Because the work is difficult to predict, staff requests Council extend its contracting authorization to those amounts within established budgets. If by exercising its right to extend the Agreement beyond the initial term, or if by adding additional bonds and notes to AMTEC's work, the compensation due AMTEC will be beyond established budgets, staff will bring the issue back to Council for approval. A Request for Proposal was published in the Seattle Daily Journal of Commerce on July 28, 2008. The City also provided the RFP documents to seven known firms in the industry, including our current consultant (Arbitrage Compliance Specialists, Inc). We received proposals from five firms on or before the August 22, 2008 deadline: American Municipal Tax-Exempt Compliance Corporation, dba AMTEC Arbitrage Compliance Specialists, Incorporated Bond Logistlx, LLC BondResource Partners, LP Pinnacle Arbitrage Compliance, LLC The evaluation of the proposals was based on the quality of services, benefits, ability of the Proposer to deliver and perform the services requested, and the Proposer's cost in performing these services. The Audit Manager (Robert Goehring, CPA, CFE) and Assistant Finance Director (Paula Barry) extensively reviewed the proposals, conducted reference checks and ranked the firms based on proposer's experience, reference checks, fees and IRS audit representation services. The Finance Director, Assistant Finance Director and Audit Manager reviewed the results of this evaluation. We are recommending award of this Agreement to AMTEC. Clark expressed concerns about ending a long term relationship with an established company that clearly has done their job. EXHIBITS Consultant Services Agreement Thomas moved to recommend Council authorize the Mayor to sign an agreement with AMTEC for arbitrage services regarding IRS reporting of the City's tax exempt bonds and notes, with an initial five-year term and two optional five-year extensions, the cost of such services to be within available budgets, and the agreement subject to final terms and conditions acceptable to the City Attorney. Raplee seconded the motion, which passed 2-1. Clark opposed the motion. The e ing adjo n p.m. Nancy Clary Operations mmittee SeFety 1 440 me �- KENT WASH I N G T O h PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES ' APRIL 13, 2009 Committee Members Chair Elizabeth Albertson, Jamie Danielson, Tim Clark Albertson called the meeting to order at 5:00 p.m. Danielson joined the meeting at 5:15 p.m. 1. APPROVAL OF MINUTES Clark MOVED and Albertson SECONDED with Danielson's concurrence to approve the Minutes of March 9, 2009. Motion CARRIED 3-0. 2. PERMIT TIMELINE EXTENSIONS CODE AMENDMENT ORDINANCE Building Official Bob Hutchinson and Planner Katie Heinitz explained that this ' proposal amends Chapters 12.01 and 14.01 of the Kent City Code (KCC) to extend the resubmittal time periods for land use and building permit applications, as well as to extend the validity periods of issued building permits. Hutchinson and Heinitz explained that providing time extensions for applications and permits may help facilitate economic recovery; could help the construction industry withstand the economic downturn and help them bounce back quicker once economic conditions improve. Heinitz stated that these proposed changes are automatic and do not require individual notification to applicants of the time extensions. She stated that there is a sunset clause associated with this proposal. Hutchinson stated that the 2009 Building Code will go into effect July 1, 2010, but will not affect the applications under this proposal, as those applications would be vested under the current Building Code. iHutchinson, Heinitz and Planning Manager Charlene Anderson addressed Clark's concerns about public notification of projects. Anderson responded to Clark with ' respect to the prioritization of project review. In response to Albertson, Hutchinson stated that the 2009 Building Code will require residential sprinkler suppression systems unless otherwise amended by the State Building Code Council. Anderson stated that the city would not incur any financial impacts by increasing the resubmittal period to 180 days. Chair Albertson declared the Public Hearing Open. Garrett Huffman, South King County Master Builders Association, 335 116th Ave SE, Bellevue, WA 98004 voiced his support for extending the resubmittal timelines. Seeing no further speakers, Clark moved and Danielson seconded a motion to close the Public Hearing. Motion Carried 3-0. Clark Moved to recommend the City Council adopt the proposed ordinance, approving the extension of timelines for permit application resubmittals and the period of validity of issued permits as recommended by staff in code amendment file # ZCA-2009-3. Danielson Seconded the Motion. Motion Carried 3-0. 3. MULTIFAMILY DWELLING TAX EXEMPTIONS PROGRAM 2 , Economic Development Director Ben Wolters explained that staff is proposing , changes to the tax exemption incentive program to include both condominium and rental housing. Planner Diamatris Winston stated that the purpose of this program is to achieve ' growth management goals. This proposal applies to the Residential Targeted Area located in Kent's Downtown. He stated that in 2007 the State reduced the property tax exemption period from 10-years to 8-years when creating four or more new units of housing. Winston stated that applications accepted for the construction of new multi-family housing must include a minimum of thirty (30) new housing units within multi-story ' structure(s). He stated that a five (5) year sunset provision is in place that will allow the City to reassess the program's effectiveness. Wolters gave a PowerPoint presentation, showing a Sample Pro-forma on how the ' tax exemption program would affect a 100-unit residential development. Wolters stated that this program is intended to encourage increased residential opportunities within urban centers; and stimulate new construction on vacant and underutilized sites for multifamily housing. He stated that tax exemptions do not apply to land or commercial components. Wolters addressed questions from the committee with respect to Council approval ' of contracts for the individual tax-exempt projects, mixed-use components, the waiver process, the Built GreentM Program, issues with extending the exemption program to apartment rental units, extending the tax exemption to owners upon ' conversion of rentals to condos, and the intent of the requirement for a minimum of 30 new housing units. Wolters clarified the intent of LEED certifiable vis-a-vis LEED certified. The following citizens spoke in support of the Tax Exemption Program: • Brad Corner, 14205 SE 36" #100, Bellevue, WA 98006 , • Robert Slattery, Mondo Land Development, 14092 SE 190t"St, Renton,WA 98058 • Doug Scharnhorst, Kent Downtown Partnership, 431 Clark Ave N, Kent,WA 98030 stated that he would like the 30 unit requirement reduced, that he favors mixed-use on bottom floors, and would like additional tax abatements such as exempting projects from future tax assessments by the city. • Nancy Skorupa, 26131 Woodland Way S, Kent, WA 98030 • Greg Haffner, Curran Law Firm, 555 W. Smith St., Kent, WA 98032 stated that he would like the 30 unit requirement reduced, the commercial component removed, and the Green Built concept eliminated. • Mike Miller, 24502 145t" Place SE, Kent, WA 98032 • Bob Cryan, Seattle, WA Anderson addressed concerns from the committee with respect to parking issues ' stating that this exemption program is intended to support transit. After deliberations, Clark moved to bring this item back to the next Committee meeting to resolve issues, Danielson seconded that motion. Motion Carried 3-0. A iournment Chair Albertson adjourned the meeting at 6:45 p.m. Pamela Mottram Planning & Economic Development Committee Secretary April 13, 2009 PEDC Minutes Page 2 of 2 ' P•\Planning\PEDC\2009\Minutes\Apr-13-09_PEDC_Min doc 1 • ' KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES ' April 14, 2009 ' COMMITTEE MEMBERS: Les Thomas, Jamie Danielson, and Ron Harmon, Chair • The meeting was called to order by Chair Ron Harmon at 5:00 PM. 1. Approval of Minutes J. Danielson moved to approve the minutes of the March 10, 2009 meeting. The motion was seconded by L. Thomas and passed 3-0. 2. Fire Department's Strategic Plan 2009 update - INFO ONLY Fire Chief Jim Schneider briefly reviewed the 2009 Strategic Plan. 3. BLS Ambulance Transport update - INFO ONLY Chief Schneider spoke about ambulance response times in the city. ' 4. 2010 ALS Medic Unit Analysis - INFO ONLY Chief Schneider spoke about advanced life support service in the city. ' S. Washington Traffic Safety Commission $800 mini-grant - ACCEPT Chief of Police Steve Strachan explained the funds provide motorcycle officer training. J. Danielson moved to authorize the Kent Police Department to accept a mini- grant in an amount up to $800 from the the Washington Traffic Safety Commission. The motion was seconded by L. Thomas and passed 3-0. ' 6. Washington Traffic Safety Commission $15,000 grant - ACCEPT Chief Strachan reviewed that funds provide officer overtime to deter street racing. L. Thomas moved to recommend that Council authorize the Kent Police ' Department to accept the Washington Traffic Safety Commission grant not to exceed $15,000 fro street racing emphasis patrols. The motion was seconded by J. Danielson and passed 3-0. 7. Washington Traffic Safety Commission Nighttime Seat belt Enforcement grant application - AUTHORIZE ' Chief Strachan explained the funds will provide officer overtime for this emphasis. J. Danielson moved to authorize the Kent Police Department to apply for the Washington Traffic Safety Commission grant in an amount not to exceed $7,000. ' The motion was seconded by L. Thomas and passed 3-0. S. Bulletproof Vest Program grants - ACCEPT and Establish the budget ' Chief Strachan explained the grants provide reimbursement for prior purchases. L. Thomas moved to authorize the Kent Police Department to accept the Bureau of Justice Assistance Bulletproof Vest (BVP) grants in an amount not to ' exceed $11,444.56 and to establish the budget. The motion was seconded by J. Danielson and passed 3-0. 9. W shin ton Auto Theft Prevention Authority 39 170 arant - ACCEPT ' Chief Strachan explained the funds will be used to purchase an Automated License Plate Reader (ALPR), computer hardware and software upgrades for the unit. ' J. Danielson moved to recommend that Council authorize the Kent Police Department to accept the Washington Auto Theft Prevention Authority grant in an amount not to exceed $39,170. The motion was seconded by L. Thomas and passed 3-0. 10.Washinaton Auto Theft Prevention Authority $34,638 PATROL task force grant ' - ACCEPT Chief Strachan explained the funds would provide equipment for the PATROL regional task force. L. Thomas moved to recommend that Council authorize the Kent Police Department to accept the Washington Auto Theft Prevention Authority grant on behalf of the PATROL task force in an amount not to exceed $34,638. The motion was seconded by J. Danielson and passed 3-0. ' 11.Muckleshoot Casino $5.000 donation - ACCEPT and Establish the budget Chief Strachan explained the funds were donated to the Volunteers in Police Services , and will be used for their programs. J. Danielson moved to recommend that Council accept the donation from the Muckleshoot Casino in the amount of $5,000 and establish the budget. ' The motion was seconded by L. Thomas and passed 3-0. 12.Recovery Act: Edward Byrne Memorial Competitive Grant application - AUTHORIZE ' Chief Strachan reviewed the funds would be used for two proposed civilian positions. L. Thomas moved to authorize the Kent Police Department's request to apply for the Recovery Act: Edward Byrne memorial Competitive Grant in an amount not to exceed $400,000. The motion was seconded by J. Danielson and passed 3-0. 13.Recovery Act: Edward Byrne memorial Competitive Grant - Kent Youth & , Family Services - INFO ONLY Chief Strachan explained that Kent Youth & Family Services plans to apply for a grant under a separate category of funding and it may fund one sworn officer position. 14.Washington Traffic Safety Commission - Reduce Underage Drinking (RUaD) Grant application - AUTHORIZE , Chief Strachan explained the funds would provide overtime for compliance check teams. J. Danielson moved to recommend authorizing the Kent Police Department to apply for the Washington Traffic Safety Commission grant in an amount not to exceed $2,400. ' The motion was seconded by L. Thomas and passed 3-0. 15.Washington Traffic Safety commission - Target Zero Task Force Project application - AUTHORIZE Chief Strachan and Captain Bob Cline explained the funds would be used for partial salary and benefits for a Public Education Specialist for a two year period. , L. Thomas moved to recommend authorizing the Kent Police Department to apply for the Washington Traffic Safety Commission grant in an amount not to exceed $93,840. The motion was seconded by J. Danielson and passed 3-0. ' Public Safety Committee Minutes 2 April 14,2009 , 16.Resolution Adopting Fee Schedule for Kent Corrections Facility Programs and Kent Police Department - ADOPT Chief Strachan and Deputy City Attorney Pat Fitzpatrick explained a decrease or waiver ' of fees would allow more inmates to participate in programs while incarcerated. L. Thomas moved to recommend that Council adopt the proposed resolution which repeals Resolution No. 1793 and readopts a new fee schedule for the ' Kent Corrections Facility Programs and the Kent Police Department, which allows staff to waive program fees for indigent inmates. The motion was seconded by J. Danielson and passed 3-0. ' 17.Purchase of Panasonic Touahbook Computers - APPROVE Paul Dunn, Technical Services Manager, explained the selection process for vendors supplying computers, keyboards, docking stations and mounting brackets for the Kent ' Police Department's patrol cars. L. Thomas moved to approve the mayor to enter into a Goods and Services Agreement with CDW-G Corporation to purchase 50 Panasonic CF-19 Toughbook Computers for a total delivered price not to exceed $199,576.28. The motion was seconded by J. Danielson and passed 3-0. 18.Purchase of Ledco docking stations - APPROVE J. Danielson moved to approve the Mayor to enter into a Goods and Services Agreement with CDW-G Corporation to purchase 48 Ledco docking stations for Panasonic CF-19 Mobile Data Computers for a price not to exceed $33,319.99. The motion was seconded by L. Thomas and passed 3-0. 19.Purchase of TG3 backlilt keyboards - APPROVE 1 L. Thomas moved to approve the Mayor to enter into a Goods and Services Agreement with PC Select LLC Corporation to purchase 50 TG3 backlit keyboards for a price not to exceed $13,520.70. The motion was seconded by J. Danielson and passed 3-0. 20.Purchase of Havis Shield mounting brackets and parts - APPROVE J. Danielson moved to approve the Mayor to enter into a Goods and Services ' Agreement with FCI Inc. to purchase Mixed Quantities of Havis Shield mounting brackets and parts to equip the City's Patrol car fleet for a price not to exceed $13,520.70. ' The motion was seconded by L. Thomas and passed 3-0. The meeting adjourned at 5:52 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 3 ' April14,2009 ' 1 PUBLIC WORKS COMMITTEE MINUTES April 20, 2009 COMMITTEE MEMBERS PRESENT: Committee Chair Deborah Ranniger and Committee Members Debbie Raplee and Ron Harmon were present. The meeting was called to order at 5:04 p.m. ' ITEM 1- Approval of Minutes Dated April 06, 2009: Committee Member Raplee moved to approve the minutes of April 06, 2009. The motion was seconded by Harmon and passed 3-0. ITEM 2 — Information Only/SE 256th Street Project Update: Design Engineering Manager, Mark Howlett and Engineering Supervisor, Mark Madfai gave a quick update on the SE 256th Street Project; about 100 people attended the third open house, several letters from citizens have been received. Staff is working on answering all the questions, and will report back to committee on a monthly basis. ADDED ITEM: Paul Morford stated that he used to own Stafford Arms Apartments (now his son does) He had just a few comments: ' 1. He feels that the LID's have gotten out of hand; especially with no protest LID's 2. If you want a permit you must sign the no protest agreement like the 1161h Ave SE/240th Street. 3. He said that 256th Street should have been widened many years ago. He feels that fundamentally the LID process is wrong. 4. He isn't happy about all the Environmental regulations, feels they are out of control. ' Jonell Johnson seconded Paul Morford's frustrations. It was noted that the Public Works Committee has looked at changing the no protest covenant and instead institute a Transportation Impact Fee (TIF). The City is trying to get away from the No Protest LID's, and to institute a TIF so that each new development paid the same rate per new PM Trip generated instead of the process we currently utilize. ' Motion Required — Information Only ITEM 3 — Habitat Conservation Plan ( iCP)/Contract Amendment: ' Environmental Conservation Specialist Supervisor, Kelly Peterson stated that this contract amendment will provide the City of Kent technical assistance to complete the Final Habitat Conservation Plan (HCP) and the associated Final Environmental Impact Statement (EIS) required for the issuance of an Incidental Take Permit from the US Fish and Wildlife Service and the National Marine Fisheries Service (Services) for the Clark Springs Water Source. The contract amendment is $49,663.80. The HCP is an agreement between the City of Kent and the Federal Government. The benefit to the City is the Federal Government would support the City if any lawsuits are filed regarding Rock Creek. ' Harmon moved to recommend authorizing the Mayor to sign an amendment with R2 Resource Consultants for $49,663.80 to complete the Clark Sprints Habitat Conservation Plan and Environmental Impact Statement upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Raplee and passed 3-0. ITEM 4 — Limited Street License between the City of Kent & Electric Liahtwave. LLC: ' Page 1 of 2 U:\PWCommittee\Minutes\PWMinutes 04 20 09 doc z , PUBLIC WORKS COMMITTEE MINUTES April 20, 2009 ' City Attorney, Susan Jensen and Deputy Public Works Director, Tim LaPorte stated that Electric Lightwave, LLC, operated under a franchise agreement previously entered into with the City dated December 4, 1991, per City Ordinance No. 3040. Ordinance No. 3040 expired on May 2002. Electric Lightwave seeks to maintain its telecommunications system in the City of Kent in the form and location shown on the exhibits to the license. ' Electric Lightwave will pay a one-time amount of $7,500.00. This amount includes a $5,000 administrative fee for a five year license and captures the arrearage associated with the expiration of Electric Lightwave's franchise in January 2002 at the City's previous rate of $500 per year. Raplee moved to recommend Council authorize the Mayor to sign a limited street license from the City of Kent to Electric Lightwave, LLC., for their telecommunications facilities in , the right of way, in a form acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 5- Information Only Status Report/Residential Traffic Calming Program (RTCPJ: ' Design Engineering Supervisor Chad Bieren and Traffic Engineering Specialist Rob Knutsen noted that there are currently six (6) action items in progress. 1. Mill Creek Neighborhood-Construction of a traffic circle at Cedar and Jason. The neighborhood has been working with the City through the program for about 1 1/2 years. The neighborhood has ' issues with speeding and cut through traffic. 2. Scenic Hill - Traffic radar speed signs will be placed in the area of Reiten and Guiberson and SE 267th and 102 Ave SE. 3. Scenic Vista 104th Ave SE & SE 2641h St - The City's first in pavement lighted crosswalk device ' has been ordered and is scheduled to be in the ground in the month of June. Staff will report back to committee with an update. 4. West Hill area residents are concerned of speeding-The coordination and deployment of the radar trailer has been the phase 1 tool used to answer their concerns of speeds. S. Erin Glade development (SE 272 Place and 111 Place SE) - Will come back to committee at the next meeting with a recommendation. Currently collecting data and analyzing it. Will quantify , to how it fits in to the RTCP. Will meet with the Neighborhood before bringing to PWC. 6. Southridge Development (SE 282"d St between 114 Ave SE and 132 Ave SE) was discussed, staff will report back at a later date to committee members. No motion required-Information only item. , Adiourned: The meeting was adjourned at 5:55 p.m. ' Next Scheduled Meeting: Monday, May 4, 2009 at 5:00 p.m. , Cheryl Viseth, Public Works Committee Secretary Page 2 of 2 ' U:1PWCommittee\Minutes\PWMinutes 04 20 09.doc ' CONTINUED COMMUNICATIONS A. 1 t 1 1 1 1 1 1 - 1 1 t t 1 t i ' EXECUTIVE SESSION 47) E- S 5,?1' 00 c-ef2 U c_ J al 9" S 1 ACTION AFTER EXECUTIVE SESSION d 1 1 � 1 i I 1 1 1 1 1 1 1