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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/21/2009 pp ;lxiil t�q lar �219, JGs r, �E"i,";di�;Fe```—` loi kgdlqp»>pp- 10 r r , J of Kent I ` Eea _t in, ud ly Co r 1' „A; (, % .a'n 4,11 a;, , w ;?k �' i� qp b„ � p` �F, 9 July21 200 �'i i��4l�ri� y u i a,_ 16r, Mayor Suzette Cooke Debbie Raplee, Council President f Councilmembers Elizabeth Albertson Ron Harmon Tim Clark Deborah Ranniger Jamie Danielson Les Thorna KENT WASHINOTON - City Clerk's office KENT CITY COUNCIL AGENDAS July 21, 2009 KENT Council Chambers WASHINGTON MAYOR: Suzette Cooke COUN O Suze CILMEMBERS. Debbie Raplee, President Elizabeth Albertson Tim Clark Jamie Danielson Ron Harmon Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Shoreline Master Program Update Fred Satterstrom 45 minutes 2. Intergovernmental Issues Michelle Witham 10 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2, ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. National Night Out Proclamation D. Public Safety Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - None C. King County Fire Protection District 37 Fire Station and Administration Building Remodel Agreement - Authorize D. CodeRED Services Agreement - Authorize E. Washington Traffic Safety Commission, Drive Hammered - Get Nailed Grant - Accept F. Washington Traffic Safety Commission, Target Zero Grant - Accept and Establish Budget (Continued) COUNCIL MEETING AGENDA CONTINUED G. Washington Traffic Safety Commission, Motorcycle Enforcement Patrols Grant - Accept H. Physically Disabled Parking Ordinance - Adopt I. Seattle Police Department Interagency Agreement Amendment, Special Gang Enforcement Taskforce - Authorize J. Purchase of 61' Sky-Boom - Authorize K. Emergency Management Performance Grant - Accept and Authorize L. Aon Deferred Compensation Consulting Contract - Authorize M. Kent Russell Road Maintenance Facility Roof and Wall Improvements - Accept as Complete N. Kent Police Firing Range Target System Improvements - Accept as Complete O. Fehr & Peers, Inc. Transportation Master Plan, Phase 2 Agreement Amendment - Authorize P. King County Interlocal Agreement for Transfer of Multiple County-Owned Parcels - Authorize Q. NW Hydraulic Consultants Contract to Analyze Raising S. 259th Street - Authorize R. Excused Absence for Councilmember Deborah Ranniger - Approve S. Corrections Facility Renovation Agreement with Architects Rasmussen, Triebelhorn, AIA/ps - Authorize 7. OTHER BUSINESS None 8, BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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'O Q C�[ v O Q.O v1 C -ro � cr s?� E v� cvouLny vcO� w LAJo 3 do o c r C aN N a vti. ro° a v 7 F c N o000� 3 o LJJ E ,M c e v v E ° o v c c o 3 >-0 v E vCL on ro v , O CA LAJ � .U C V 7 0 d 7 L U v v N U > C U L1 QJ 4J n v0 ro L Qod �A v ro QU > E E�s Q ro0 Q roV'��v COUNCIL WORKSHOP 1) SHORELINE MASTER PROGRAM UPDATE 2) INTERGOVERNMENTAL ISSUES Please bring the Shoreline Master Program notebook which you have been provided to the workshop COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager KENT WAS H IN GTON Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, wA 98032-5895 July 13, 2009 TO: Mayor Suzette Cooke and City Council Members FROM: Erin George, Planner RE: #CPA-2007-1 Shoreline Master Program Update MOTION: None. For Information Only SUMMARY: State legislation written in 2003 requires municipalities in King County to update their Shoreline Master Programs (SMP) by December 1, 2009. The SMP governs properties 200 feet landward of each shoreline's ordinary high water mark and is intended to balance use and protection of shorelines. Shorelines consist of lakes greater than 20 acres in size as well as streams and rivers with flows greater than 20 cubic feet per second (cfs). The Shoreline Management Act is a cooperative program between local government and the State, and is administered by the Department of Ecology (DOE), who must review and approve the local program. Staff presented to the Land Use & Planning Board (LUPB) and Planning & Economic Development Committee (PEDC) several times throughout the drafting of the SMP; most recently July 13, 2009 to the PEDC. The public has been thoroughly involved in the update as well via several open houses and a Citizens' Advisory Committee. DOE reviewed the Preliminary Draft SMP in the spring; their comments were easily addressed without substantial changes to the Draft SMP. DOE indicated on July 8 that they have no further comments. The Land Use & Planning Board will hold a public hearing on July 27 to consider the Final Draft SMP, after which the document will be considered by the PEDC on August 10 and Council on August 18. BACKGROUND: Planning staff began the SMP update process in 2007, with the assistance of two consultants and a $190,000 grant from the Department of Ecology. The SMP update includes components required by the Shoreline Management Act and identified in the City's grant agreement with DOE: a Shoreline Inventory & Analysis Report that characterizes the existing conditions of the City's shoreline waterbodies; goals and policies which will become part of the City's Comprehensive Plan; shoreline regulations; and a Cumulative Impacts Analysis which analyses potential impacts of regulations and outlines how the City will achieve no net loss of shoreline functions. The Final Draft SMP adds new jurisdictional shorelines not included in the current SMP: Lake Fenwick, Panther Lake (in the City's PAA), a small segment of Springbrook Creek, the Green River Natural Resources Area, Jenkins Creek, the Green River floodway near Mill Creek Auburn, and wetlands within the Green River floodplain. New Shoreline Environment Designations are defined by existing and anticipated land uses (e.g. "High Intensity" environment for those areas containing industrial and commercial development and "Shoreline Residential" for those areas containing single and multi-family residential developments). The new designations allow regulations to be tailored more specifically to each use. Other notable changes from the current regulations include: • A lesser setback for commercial uses on the Green River with an allowance for levee reconstruction, • A greater setback for residential uses on the Green River, also with an allowance for levee reconstruction, • Changes to residential dock and bulkhead standards, • The allowance for water-oriented commercial development (e.g. waterfront view restaurant or kayak rentals) within shoreline parks, and • New standards addressing vegetation conservation. • Also added to this Final Draft SMP is a Restoration Plan that identifies and prioritizes current restoration projects in shoreline jurisdiction, as well as opportunities for future projects. Public participation is required throughout the SMP update process. A Citizens' Advisory Committee met with staff and consultants monthly to review and comment on each piece of the SMP as it was drafted. Two public open houses were held on October 2, 2008 and February 9, 2009 to answer questions and collect public comments. The Final Draft SMP, Cumulative Impacts Analysis and Inventory & Analysis Report are posted on the City's website (www.ci.kent.wa.us/planning) and notice of availability was sent to tribes, environmental groups, interested residents and adjacent jurisdictions for additional public comment. Staff welcomes comments from Council on the Final Draft SMP and Cumulative Impacts Analysis. A public hearing will be held by the Land Use & Planning Board on July 27, 2009 to consider adoption of the Final Draft SMP. The 60-day notice of intent to adopt was sent to state agencies on May 29, 2009, and a Determination of Non-Significance (DNS) was issued on July 18, 2009. If the LUPB recommends adoption, the Final Draft SMP will be considered for adoption by the PEDC at the August 10, 2009 meeting and by City Council at the August 18, 2009 meeting. The , final, locally adopted SMP must be sent to the Department of Ecology (DOE) for final approval. DOE will hold its own public hearing, and upon their approval, the SMP will become effective. S\Pcrmtt\Plan\COMP PLAN AMEND MENTS\2007\CPA-2007-1 SMP-Update\Council\072109_WorkshopMemo doc Enc: Final Draft Shoreline Master Program with Appendices A, B &C Final Draft Cumulative Impacts Analysis cc: Fred Satterstrom, AICP, Community Development Director Charlene Anderson, AICP, Planning Manager CPA-2007-1: Shoreline Master Program Update 07/21/09 City Council Workshop Page 2 of 2 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) NATIONAL NIGHT OUT PROCLAMATION D) PUBLIC SAFETY REPORT Kent City Council Meeting Date July 21, 2009 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through S. Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of July 7, 2009. 6B. Approval of Bills. No numbers were available. I Kent City Council Meeting KENT W July 7, 2009 AS H I N G T O N The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Clark, Danielson, Harmon, Ranniger, Raplee and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration. Staff. (CFN-198) Council President Raplee added Other Business Item A. B. From the Public. (CFN-198) Continued Communications Items A and B were added at the request of audience members. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Clark mentioned the annual Seattle to Portland bicycle race along West Valley Highway on Saturday. Danielson recognized the citizens who put on an incredible fireworks show at Lake Meridian on July 4cn B. Community Events. (CFN-198) Ranniger outlined upcoming summer events including Cornucopia Days and the Summer Concert Series. C. Legislative Update. (CFN-198) Senator Claudia Kauffman gave an update of actions taken by the State Legislature which affect her district. She was then thanked by the Mayor and Council for her efforts on behalf of the City. D. Historical Society Update. (CFN-1087) Linda Wagner of the Historical Society gave a presentation about activities provided by the History Society including education and exhibits. She also announced upcoming events including Family Fun Day and the 2009 dinner auction. E. Employee of the Month. (CFN-147) Public Works Director Larry Blanchard announced that Heather Thomas, Project Coordinator in the Engineering Development division, has been chosen as Employee of the Month for July. Her supervisor, Mike Gillespie, said Ms. Thomas is dynamic, caring, respectful, selfless, and has extraordinary communication skills. Mayor Cooke then presented her with the Employee of the Month plaque. CONSENT CALENDAR Raplee moved to adopt Consent Calendar Items A through J. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of June 16, 2009, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 16, 2009, were approved. 1 Kent City Council Minutes July 7, 2009 Approval f checks issued for vouchers: J7 p O Date Check Numbers Amount 5/31/09 Wire Transfers 3743-3759 $1,533,094.70 5/31/09 Regular Checks 632670-633124 2,994,039.06 Use Tax Payable 1,449.52 $4,528,583.28 Checks issued for payroll for May 16 through May 31 and paid on June 5, 2009, were approved: Date Check Numbers Amount 6/5/09 Checks 312109-312399 $ 197,379.70 6/5/09 Advices 249637-250418 1,584,339.39 $1,781,719.09 Interim2ayroll for June 6, 2009, were approved: Date Check Numbers Amount 6/8/09 Void Check #'s 309484,309485,309486 Void Check #'s 311042,311935,312007 -380.94 6/8/09 Reissue Voids 312400-312405 380.94 0 C. Kent Lions Storage Sublease Agreement Addendum Number Two. (CFN-120) The Mayor was authorized to sign Addendum Number Two for the Sublease Agreement with the Kent Lions for a portion of the property leased by the City at 715 W. Smith. D. Biological Assessment Study Contract. (CFN-1038) The Mayor was authorized to sign the Consultant Services Agreement with Shannon and Wilson, Inc. in an amount not to exceed $19,360 to perform a Biological Assessment Study for the South 2591" Street Raising project. E. Lease Renewal Agreement for Blue Boy Reservoir. (CFN-120) The Mayor was authorized to sign a Second Lease Renewal with Sprint Spectrum Realty Company, L.P. to extend the base term through June 30, 2013, for a cell tower that is located on the City's Blue Boy water reservoir property. F. Transao Intelligent Traffic Control Contract. (CFN-171) The Mayor was authorized to sign a Consultant Services Agreement with the Transpo Group, Inc. in an amount not to exceed $66,505 for design upgrades to the City's traffic management system. G. Lake Meridian Outlet Project Quit Claim Deed. (CFN-239) The purchase of a portion of the Washington Department of Transportation property at 152nd Ave SE and State Route 516 using fair market value plus WSDOT review fee and closing cost, was approved and the Mayor was authorized to sign all documents necessary for the purchases. 2 Kent City Council Minutes July 7, 2009 H. Tetra Tech/Lake Fenwick Water Ouality Improvement Contract. (CFN-1038) The Mayor was authorized to sign a Consultant Services Agreement with Tetra Tech, Inc. in the amount of $25,046.80 to provide short and long-term measures to improve Lake Fenwick water quality and to comply with State-mandated water quality standards for the nutrient, phosphorus. I. City Council Meetinci Time Ordinance. (CFN-198) Ordinance No. 3923 amending section 2.01.020 of the Kent City Code to identify two Council meetings when the Kent City Council will meet at an earlier 5:00 p.m. meeting time, and establishing and affirming a regular Council workshop schedule was adopted. J. Schuver Estates Final Plat. (CFN-1272) The final plat mylar for Schuver Estates was approved and the Mayor was authorized to sign the mylar. The Hearing Examiner recommended approval for the applicant Belmont Homes, Inc., aka Darnell LLC, to subdivide approximately 3.72 acres into 13 single-family residential lots. The property is located at 23606 1161" Avenue SE. ADDED ITEM OTHER BUSINESS A. Water Filled Flood Protection Structures. (CFN-1038) Public Works Director Blanchard explained that because of recent issues with the Howard Hansen dam, a group was formed to coordinate emergency response plans for Auburn, Kent, Tukwila, Renton, and King County. He said sandbagging is not practical because the City of Kent would require 27,000,000 sandbags. He noted that water bladders are easily installed and are less labor intensive than sandbagging. He pointed out that $1.5 million has been allocated toward flood fighting structures, and said that the structures need to be ordered now in order to be functional by November 1st, 2009. He noted that the Public Works Committee unanimously recommended purchase of the water bladders. He displayed photographs of the structures and urged the Council to authorize the purchase. Upon questions from Councilmembers, Blanchard noted that the top priority areas are the Horseshoe Bend area and The Lakes, and that there would be no impact on flood insurance rates. He explained the velocity, connector system, and pumps, and noted that the structures are movable and can be stored. Ranniger moved to authorize the Public Works Director to execute a contract to purchase water- filled flood protection structures to be used to protect the City of Kent from flood threats up to a maximum of $1,500,000. Raplee seconded and the motion carried. BIDS A. 84t" Avenue South (East Valley Highway) Street Improvements. (CFN-1306) The bid opening was held on June 30, 2009, with five bids received. The low responsive bid was submitted by R. W. Scott Construction Company, and the Public Works Director recommends that the contract be awarded to them. Chad Bieren explained the project and noted that it is part of LID 362. He added that American Reinvestment and Recovery Act funds in the amount of $2,000,000 were received from the Federal government for this project. He said construction would begin in August and be completed in September 2010. Ranniger moved to authorize 3 Kent City Council Minutes July 7, 2009 Valley the Mayor to enter into a contract to award the 84 cn Avenue South (East Va ey Highway) Improvement project to R. W. Scott Construction Company for Alternate A in the amount of $3,596,417.93. Raplee seconded and the motion carried. REPORTS A. Council President. (CFN-198) No Report was given. B. Mayor. (CFN-198) Mayor Cooke expressed gratitude for the many condolences she received after the recent unexpected death of her husband. C. Operations Committee. (CFN-198) No Report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the July meeting has been cancelled. E. Planning and Economic Development Committee. (CFN-198) Albertson noted that the next meeting will be held at 5:00 o'clock on July 13, and will include a short update on the Shoreline Master Plan, an update on potential cottage housing, and the departmental reorganization. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be at 5:00 o'clock on July 14, and encouraged everyone to participate in National Night Out. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) CAO Hodgson reminded Councilmembers of the Executive Session regarding property acquisition, with potential action afterward. He estimated the length of the Executive Session at 15 minutes. CONTINUED COMMUNICATIONS A. Weed and Seed Program. (CFN-122) Reverend Jimmy James, 31717 32nd Avenue SW, Federal Way, WA, (business address 1637 W. Meeker, Kent) stated that the national Weed and Seed Program is designed to weed out crime and plant seeds of hope, but that the Kent program has turned into weeding out the community and planting seeds of institutional racism and exclusionary tactics against collaborative community participation. He expressed concern that most of the residents of the city are not aware of the Weed and Seed Program, that the city has hired and let three failed site coordinators go, that there hasn't been an audit of city spending, and that there has not been a sustainable seed program although money has been poured into the city. James said that members of the community who have been engaged for nearly three years have not been allowed to participate or be on the steering com- mittee. He suggested leaving the people who were nominated and appointed on April 23 on the steering committee, and having a paid facilitator chosen from the community provide cultural competency and diversity. He noted that Council- members Harmon, Albertson and Danielson have attended Weed and Seed meetings, and urged the other Councilmembers to do so as well. He asked the Council to help him right the wrongs, so that the community may participate in Weed and Seed. 4 Kent City Council Minutes July 7, 2009 Mayor Cooke pointed out that the Federal government has suspended the Weed and Seed Program. Councilmember Albertson said she is planning to meet with the group for an update on the program. B. Kent Transit Center. (CFN-253) Barbara Phillips, 9623 S. 248th, Kent, expressed concern about lighting in the Kent Transit Center area, as well as the lack of pay phones and restrooms. Although Mayor Cooke explained that the Transit Center is not operated by the City, CAO Hodgson said he will look into the issue. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION The Council recessed to Executive Session at 8:10 p.m. and the regular meeting reconvened at 8:17 p.m. ACTION AFTER EXECUTIVE SESSION Property Acauisition. (CFN-239) Ranniger explained that this piece of property is part of a larger set of parcels which the City has been working on acquiring for use in the future, and that funds for the property have been set aside in the Capital Fund especially for the purchase of these parcels when they became available. She then moved to authorize the Mayor to sign the Purchase and Sale Agreement and all other necessary documents to complete the purchase of the property located at 318-1/2 Naden Avenue South, Kent, Washington, for the purchase price of $187,000. Raplee seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8:19 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 5 Kent City Council Meeting Date July 21, 2009 ' Category Consent Calendar - 6C ' 1. SUBJECT: KING COUNTY FIRE PROTECTION DISTRICT 37 FIRE STATION AND ADMINISTRATION BUILDING REMODEL AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Fire Station and ' Administration Building Remodel Agreement with King County Fire Protection District 37 for the District to reimburse the City for its remodel expenses in an amount not to exceed $600,000, subject to final terms and conditions acceptable to the City Attorney. The Agreement provides that the District will reimburse the City for the City's costs ' and expenses incurred during the remodel of the City's Fire Administration Building including the salary and benefit costs of Kent employees dedicated to the remodel. 1 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Staff and Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? Yes Revenue? Yes ' Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: �—� KENT AGREEMENT W........ BETWEEN THE CITY OF KENT & KING COUNTY FIRE PROTECTION DISTRICT NO. 37 REGARDING FIRE STATION REMODEL THIS AGREEMENT REGARDING FIRE STATION REMODEL is entered into between the CITY OF KENT, hereinafter "Kent," and KING COUNTY FIRE PROTECTION DISTRICT NO. 37, hereinafter "District." I. RECITALS 1.1 Kent and the District are public agencies as defined by Ch. 39.34 of the Revised Code of Washington, and are authorized to enter into interlocal agreements on the basis of mutual advantage in order to provide services and facilities in the manner and pursuant to forms of governmental organization that will best serve the needs of the communities served by these two organizations. 1.2 In June 1996, Kent and the District entered into an Agreement for Fire and Life Safety Services and Joint Operation of Facilities. Through that agreement, the parties agreed that Kent would provide, through its Fire Department, various t services to the District including fire prevention, suppression, and medical aid and rescue services. 1.3 Through the years, the District has reimbursed Kent for various costs and expenses incurred by Kent that mutually benefit both Kent, the District, and their respective service areas. Kent owns a fire station and administration building located at 24611 - 116t" Avenue SE in the City of Kent, Washington. Kent and the District have agreed to undertake renovations to the fire station and administration building to meet their joint needs. Kent has agreed to dedicate maintenance staff ' who will perform the necessary construction, and the District has agreed to reimburse Kent for its costs and expenses incurred during the remodel including the salary and benefit costs of Kent employees dedicated to the remodel, and the material and equipment costs incurred by Kent in performing the remodel. The parties wish to enter into this Agreement to memorialize their mutual understanding. II. AGREEMENT NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, Kent and the District agree as follows: 2.1 Duration. This Agreement shall begin on its effective date and shall continue until the fire station remodel is complete, the work is accepted by Kent and the District's legislative bodies, and all reimbursement invoices billed by Kent to the District have been paid. AGREEMENT REGARDING FIRE STATION REMODEL.- i of 5 (btwn. City of Kent and KC Fire Protection District No.37) 2.2 Administration of Agreement. Kent's Fire Chief "Kent Administrator and the District's ("District Administrator") are appointed to administer this Agreement and all performance obligations. Should any dispute arise, it shall be settled by the Administrators. 2.3 Reimbursement to Kent. Kent will undertake all work required of the fire station remodel including retaining, if necessary, an architect to prepare remodel plans, complying with applicable public bid and public contracting requirements, contractors and staff to provide construction services, and selecting and ordering all equipment, furniture, and materials needed for the remodel. The Kent Administrator shall make all decisions regarding the remodel, with input as may be requested by the District Administrator. In exchange, the District agrees to , reimburse Kent for Kent's actual expenses incurred during the remodel, in an amount not to exceed $600,000. This is the maximum amount to be paid by and reimbursed to Kent under this Agreement, and shall not be exceeded without the prior written authorization of the parties' in the form of a negotiated, executed supplemental agreement. This reimbursement shall include the salary and benefit cost of Kent employees dedicated to the remodel; all contractors or consultants retained by Kent as part of the remodel project; and all materials, equipment, and furniture ordered for the remodel. Kent will invoice the District monthly [or quarterly?) for the remodel costs and expenses incurred during the preceding month and will provide the District a final bill upon completion of all remodel work as described in this ' Agreement. The District shall provide payment to Kent within thirty (30) days of receipt of an invoice from Kent. If the District objects to all or any portion of an invoice, it shall notify Kent's Administrator promptly and may reserve the option to only pay that portion of the invoice not in dispute. In that event, the Administrators of Kent and the District will immediately make every effort to settle the disputed portion. ' 2.4 Ownership of Station Remodel Improvements: Kent is the owner of the fire station and administration building that is being remodeled under this , Agreement. All improvements made shall become and remain Kent's sole property. 2.5 Indemnification and Hold Harmless. Kent shall defend, indemnify, and , hold the District, 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 Kent's negligent performance of this Agreement. The District shall defend, indemnify, and hold Kent, 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 District's negligent performance of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES EACH PARTY'S WAIVER OF ' AGREEMENT REGARDING FIRE STATION REMODEL- 2 of 5 ' (btwn, City of Kent and KC Fire Protection District No.37) 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. 2.6 Insurance. Each party shall, at its own cost, procure by the date of execution of this Agreement, and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the party, its agents, representatives, employees and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. Any deductible or self-insured retentions shall be the sole responsibility of the party. Such insurance shall cover the other party, its officers, employees, and agents as additional insured against liability arising out of activities performed by or on behalf of the party pursuant to this Agreement. If the party 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 attached hereto and be incorporated by reference and shall constitute compliance with this section. 2.7 Retention of Records. All records, documents, and drawings pertaining to the station remodel and created under this Agreement will be maintained by Kent and will be its sole property. Kent shall provide access to and copies of any records relating to work performed under this Agreement as the District may request. 2.8. Miscellaneous. 2.8.1 Amendments. This Agreement may only be amended by mutual written agreement, except that extensions to this Agreement must be approved by the legislative body of each party. 2.8.2 Severability. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudicated. 2.8.3 Interpretation. The legal presumption that an ambiguous term of this Agreement should be interpreted against the party who prepared the Agreement shall not apply. 2.8.4 Ownership of Property. Any property owned and used by Kent in connection with this Agreement shall remain the property of Kent, and any property owned and used by the District shall remain the property of the District, unless otherwise specifically provided for in this Agreement. AGREEMENT REGARDING FIRE STATION REMODEL.- 3 of 5 ' (btwn.City of Kent and KC Fire Protectlon D/strict No.37) 2.8.5 Non-Waiver of Breach. The failure of either Party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. , 2.8.6 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. ' 2.8.7 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 or the District, 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. 2.8.8. Compliance with Laws. Each Party agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the work, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 2.8.9. 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. 2.8.1.0 Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective upon personal service or three (3) business days after the date of mailing by , registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. , AGREEMENT REGARDING FIRE STATION REMODEL- 4 of 5 (btwn. City of Kent and KC Fire Protection District No.37) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. DISTRICT: KENT: KING COUNTY FIRE PROTECTION CITY OF KENT: DISTRICT NO. 37: By: By: Print Name: Print Name: Suzette Cooke Its Commissioner Its Mayor Date• Date: By Print Name: Its Commissioner Date: By: Print Name: Its Commissioner Date: By: Print Name: Its Secretary Date: AGREEMENT REGARDING FIRE STATION REMODEL- 5 of 5 (btwn. City of Kent and KC Fire Protection District No.37) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Jim Schneider, Chief , City of Kent Fire Department 220 Fourth Avenue South , Kent, WA 98032 ( ) - (telephone) (253) 856-4300 (telephone) , { ) - (facsimile) (253) 856-6300 (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: Arthur "Pat" Fitzpatrick, Deputy City Attorney ■ P i\Civil\Fifes\0penFil es\1389•KingCountyFireProtectionDist37\StationRemodelAgreement.doc AGREEMENT REGARDING FIRE STATION REMODEL - 6 of 5 , (btwn. City of Kent and KC Fire Protection District No.37) Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 6D 1. SUBJECT: CODERED SERVICES AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the service agreement with CodeRed to provide emergency communication services at an annual cost of $25,000. CodeRed specializes in providing high-speed emergency communication services to governmental agencies through a Community Notification System. The system is capable of geographic targeting of calls and is capable of delivering customized pre-recorded emergency messages directly to homes and businesses at the rate of 60,000 calls per hour. The CodeRED Services Agreement will renew automatically on an annual basis, unless terminated by the City, and has been reviewed and approved by the City Attorney. 3. EXHIBITS: CodeRed Services Agreement 4. RECOMMENDED BY: Public Safety Committee 7/14/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? None Revenue? To be funded by a third party for two years Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: tCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: 1 CODERED SERVICES AGREEMENT This Services Agreement("Agreement") is made and effective as of the last date written below by and between Emergency Communications Network, Inc. a Florida Corporation("Licensor") located at 9 Sunshine Boulevard, Ormond Beach, FL 32174 and the City of Kent, a body politic and corporate of the State of Washinaton ("Licensee")located at 24611 116 Ave SE, Kent, WA 98030. Licensor is the owner of a service identified as"CodeRED® Emergency Notification System"(The "Service"),which allows users to place prerecorded telephone calls at high speed to call recipients. Licensee desires to utilize the"Service"for the purpose of communicating matters of public interest and concern. In consideration of the promises set forth,the parties agree as follows: 1. License: Licensor grants Licensee a non-exclusive and non-transferable license to use the "Service" (hereinafter referred to as"The License")for Licensee's own purposes in accordance with the terms outlined in this Agreement. Licensee understands and agrees that they are fully responsible for the use of such services by anyone whom Licensee authorizes or permits to use the"Service",and anyone who accesses the"Service"by utilizing Licensee's Confidential access codes. a. The Licensee may not modify the"Service", disable any license or control features of the "Service." Licensee may not(i)assign, license, sublicense, rent, sell,transfer the"Service", this Agreement,or any portion thereof or(ii) utilize the"Service"except as expressly permitted in the Agreement between Licensee and Licensor. The License will include pass codes for up to five authorized"Service"users.Additional users pass codes may be obtained at an additional annual fee as outlined in Exhibit A. 2. Ownership: The"Service" is owned and copyrighted by Licensor.The Licensee's license confers no title or ownership in the"Service"whatsoever. 3. Copyright: United States copyright laws and international treaty provisions protect the "Service". Except for the limited license provided, Licensor reserves all rights in and to the "Service"and all underlying data, compilations, and information maintained by Licensor relating to the"Service", including but not limited to,the source or object code. 4. Functionality: The"Service" provides Licensee the ability to access pre-defined geographically selected calling areas or listed databases via an Internet based software application.The "Service"has the ability to select calling databases via a geographic mapping component. Licensee's database(s) shall be limited by Licensor to the geographic boundaries(determined by Lat/Lon coordinates)of the City of Kent, Washinaton. The"Service"will also allow Licensee to utilize an Interactive voice response telephone service to record messages and initiate call out projects. The"Service" is designed to be active 24 hours per day/365 days a year. S. Costs for The"Service": During the term of this Agreement Licensee agrees to pay all costs for utilizing the"Service"as described in Exhibit A- Service Charges; attached to and made a part of this Agreement. Licensee will purchase prepaid"Service"(Prepaid System Minutes). Whenever Licensee utilizes the"Service"the actual calling minutes used by Licensor while utilizing the "Service"will be deducted from the balance of Prepaid System Minutes remaining in Licensee's Prepaid Minutes account. Licensee is responsible to maintain a sufficient balance of Prepaid System Minutes on account. Payment for the"Service"is due and payable upon receipt of invoice (ROI). Finance charges at a rate of 1% per month(12%per annum)will be charged on all balances outstanding beyond 60 days. If a law which applies to this finance charge is Interpreted so that the interest or other finance charges collected or to be collected In connection with this Agreement exceed the permitted limits,then (i)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and(ii)any sums already collected Emergency Communications Network,inc Page 1 of 6 Initials CodeRED®Services Agreement Licensor Licensee from Licensee which exceed permitted limits will be refunded to Licensee.All payments due ' under this Agreement shall be paid to: Emergency Communications Network, Inc. at 9 Sunshine Blvd., Ormond Beach, FL 32174. 6, Free Minute Blocks: Licensee is allotted free time on the system for the purpose of testing and training. The following must be met In order for Licensee to utilize the free minute bank specified in Exhibit A: a. Minutes will be deducted from Licensee's minute bank at the time of using the"Service". b. Licensee must notify Licensor in writing within 60 days of the use of the"Service"specifying qualified project(s)to obtain eligible free minutes and restoration of the deducted minutes into Licensee's minute bank. If Licensee fails to notify Licensor within 60 days of the use of the "Service", the minutes used will not be eligible for consideration as free minutes and will remain as a deduction from Licensee's minute bank as described above in paragraph 5. c. Any unused minutes remaining in these blocks are not transferable. d. Licensor will have the final right to deem all free calling minutes eligible or ineligible. 7. Term of Service Agreement: The License will extend for a period of one(1) year beginning on the last date this Agreement is signed by both Licensee and Licensor. On the date this Agreement terminates, Licensee will forfeit all Prepaid System Minutes remaining on account. 8. Contract Extension: Upon each annual anniversary of the effective date of this Agreement, the term of this Agreement will extend for additional one-year periods.This contract extension provision(the"extension provision")will continue to extend the contract period by one additional year annually. Either party may cancel this extension provision by submitting notice to the other no less than 30 days prior to the annual anniversary of the effective date of the Agreement. The activation of the extension provision will trigger the following events: a) Licensee's System Minute bank will be replenished to the original 100.000 minute balance; b) Licensor will update its systems to extend the active software license and associated access codes for one additional year of use; c) Licensor will invoice Licensee for one additional year service extension at the rate of twenty! five thousand dollars($25,000). d) Licensee will be responsible for payment of the contract extension fee upon receipt of invoice from the Licensor. 9. Minute Bank Refits feature: The parties recognize that Licensee may utilize the"Service"in a manner that results in the actual System Minute usage exceeding Licensee's active Prepaid Minute Bank. In the event using the"Service"completely exhausts Licensee's remaining Prepaid Minute Bank Licensor will immediately refill Licensee's Prepaid Minute Bank with a block of 10,000 System Minutes,and will Invoice Licensee for this block of minutes at the Additional System Minute price as indicated in Exhibit A. Licensee will be responsible for payment of Additional System Minute blocks upon receipt of invoice from Licensor. Licensee agrees to purchase ail such additional blocks of minutes as needed in order to maintain a positive Prepaid System Minute balance.The purpose of this refill feature is to ensure that calls being placed via the"Service"are not interrupted as the result of Licensee's depletion of their Prepaid Minute Bank. , 10. Appropriate Use of The Service: To access the"Service" Licensor will provide Licensee with unique user name(s) and password(s). Licensee agrees to maintain such user name(s) and password(s)as private and confidential information. Licensee agrees to use the"Service"in a way that conforms with all applicable laws and regulations. Licensee specifically agrees not to make any attempt to gain unauthorized access to any of Licensor's systems or networks. Licensee agrees that Licensor shall not be responsible and liable for the content of the message(s) delivered by the"Service"on behalf of Licensee. Emergency Communications Network,inc Page 2 of 6 Initials CodeREb®Services Agreement Licensor Licensee 11. � may Security: Licensee understands that Internet communications are not secure and be Y Y subject to interception or loss. Licensee understands and acknowledges that Licensor is providing the'Service"on the World Wide Web through an"upstream'third party Internet Service Provider, utilizing public utility services. Licensor shall not be liable to Licensee in the event of any interruption of service or lack of presence on the Internet as a result of any disruption by the third party Internet Service Provider or public utility. In the event of any disruption of service, Licensor will use its best efforts to notify Licensee and to expedite resumption of service. 12. Warranty: (a)Licensee acknowledges that software in general is not error-free and agrees that the existence of such errors in software used in conjunction with the"Service"shall not constitute a breach of this License. (b) In the event that Licensee discovers a material error which substantially affects Licensee's use of the"Service" and notifies Licensor of the error, Licensor shall use reasonable measures to correct that part of the"Service"which does not so comply,provided that such non-compliance has not been caused by any modification,variation or addition to the"Service"not performed by Licensor, its agents or contractors, or caused by its incorrect use, abuse or corruption of the "Service'software, or by use of the"Service"with other software or on equipment with which it is incompatible. (c) Licensee is responsible for maintaining access to the Internet. Licensor in no way warrants Licensee's access to the Internet via Licensee's Internet Service Provider(s). 13. Warranty Disclaimer: To the extent permitted by the applicable law, Licensor disclaims all other warranties with respect to the"Service", either express or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose. In no event(even should circumstances cause any or all of the exclusive remedies to fail of its/their essential purpose and even if Licensor has been advised of the possibility of such damages)shall Licensor be liable for any special, indirect, incidental or consequential damages of any nature (regardless of whether such damages are alleged to arise in contract, tort or otherwise), including,but not limited to, loss of anticipated profits or other economic loss in connection with or ensuing from the existence, furnishing,function, or Licensee's use of any item of products or services provided for in this Agreement. Licensee understands that the cumulative liability of Licensor for any and all claims relating to the"Service"provided by Licensor, in contract, tort or otherwise, shall not exceed that total amount paid by Licensee for the most recently purchased block of Prepaid System Minutes. 14. Indemnification: Licensee understands that Licensor does not restrict the use of the"Service" by Licensee and therefore Licensee agrees that Licensor shall not be responsible and/or liable for the content of the message(s) created by Licensee delivered by the"Service"on behalf of Licensee.To the extent permitted by law Licensee agrees to defend, indemnify and hold harmless Licensor and its affiliates, subcontractors,employees and agents from any and all liabilities, costs, and expenses, including reasonable attorneys'fees, arising from any violation of this Agreement by Licensee or those who access the"Service"through Licensee's account, or the use of the"Service"or the placement or transmission of any message, information or other materials by Licensee or by those who have access to the"Service"through Licensee's account. 1 Licensee shall be responsible for compliance with all applicable laws regarding outbound telemarketing,which may include, but are not limited to the Federal Telephone Consumer Protection Act of 1991, The Telemarketing and Consumer Fraud and Abuse Prevention Act of 1999 and the rules and regulations promulgated thereunder, as well as State and Local telemarketing laws and requirements. Licensee shall, to the extent permitted by law, defend, indemnify and hold Licensor harmless from all lawsuits, demands, liabilities, damages, claims, losses, costs or expenses, including attorneys'fees(whether by salary, retainer or otherwise), arising out of or resulting from, in whole or in part, a violation of such laws. Licensee will be solely responsible and liable for any such violations. The provision of this Article shall survive Emergency Communications Network,Inc Page 3 of 6 Initials CodeRED®Services Agreement Licensor Licensee j termination of this Agreement. 15. Non-Disclosure: (a) Licensee acknowledges and agrees that in providing the"Service", Licensor may disclose to Licensee certain confidential, proprietary trade secret information of Licensor("Confidential Information"). Confidential Information may include, but is not limited to, the"Service", computer programs, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information,financial information or business plans. During this Agreement and for a period of five (5)years thereafter, Licensee agrees that it will not,without the express prior written consent of Licensor, disclose any Confidential Information or any part thereof to any third party.At the termination of this Agreement, Licensee will cease utilizing the"Service"and will return all Confidential Information to Licensor unless Licensee renews the"Service"as outlined in this Agreement. Nothing in this Agreement will be deemed to prohibit the disclosure of any information in response to a subpoena or other similar order by a court or agency with jurisdiction to issue it relevant to the resolution of any dispute between the parties. The Licensee will promptly notify the Licensor of the receipt of any subpoena or other similar order and of any request under the Public Information Act or any other similar law. The Licensee will cooperate with the Licensor in defending against disclosure of any confidential information under any such subpoena, order or request. (b) Licensee also agrees that it shall not duplicate, translate, modify, copy, printout, disassemble, decompiie or otherwise tamper with the"Service"or any software provided. 16. Termination: Licensee may terminate this Agreement by notifying the Licensor in writing no less than 30 days in advance of desired termination. Licensee will return all Confidential Information and copies to Licensor. Should Licensee terminate for convenience Licensee will forfeit all Pre-Paid System Minutes upon termination of this Agreement. Licensee understands that Licensor reserves the right to terminate Licensee's account at any time for reasons including, but not limited to,failure to abide by the terms of this Agreement or failure to pay any fees or charges when due. In the event that Licensor terminates this Agreement for reasons other than Licensee's failure to abide by this Agreement, or Licensee terminates for cause, Licensor will ' refund to Licensee an amount equal to the balance of Prepaid System Minutes in Licensee's account. Upon termination, Licensee agrees to remove from Licensee's computer(s) any files related to the"Service". 17. Merger: This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. Only a further writing that is duly executed by both parties may modify this Agreement. 18. Confidential Data: Licensor agrees that in view of the confidential nature of Licensee supplied data and files that it Is to prepare, process or maintain under this Agreement, it will perform its duties in such a manner as to prevent the disclosure to any persons not employed by Licensor of any such data and files unless Licensor and Licensee mutually agree In writing otherwise. 19. Integrity of Data: Licensor cannot guarantee the integrity of any Licensee supplied data.As such, any errors, duplications, or inaccuracies related to Licensee supplied data will ultimately reside with Licensee. 20. Notices: All notices or requests, demands and other communications hereunder shall be , addressed to the parties as follows: As to Licensor: Emergency Communications Network, Inc. 9 Sunshine Blvd. Ormond Beach, FL 32174 As to Licensee: City of Kent Attn: Dominic Mariano/Emergency Manager, 24611 116fh Ave SE,Kent, WA 48030 Emergency Communications Network,Inc Page 4 of 6 Initials CodeRED®Services Agreement Licensor Licensee 1 21. General: Each party to this Agreement agrees that any dispute arising under this Agreement shall be submitted to binding arbitration according to the rules and regulations of the American Arbitration Association. If any dispute arises the prevailing party shall be entitled to the costs and attorney's fees from the losing party for enforcement of any right included in this Agreement, both a Court of first jurisdiction and all Courts of Appeal. IN WITNESS WHEREOF, the parties execute this Agreement on the date P 9 (s)indicated below. Licensee: City of Kent, Washington By: Printed Name: Title: Date: Licensor: Emergency Communications Network,Inc. By: Printed Name: Title: Date: Emergency Communications Network,Inc Page 5 of 6 Initials CodeRED®Services Agreement Licensor Licensee Exhibit A — Service Charges Initial block purchase(s) of Prepaid System Minutes: One(1)year CodeRED Service Agreement $ Included 100,000 CodeRED System Minutes $ 26,000.00 Additional System Minutes $0.26 per minute 500 minutes for testing and training $ No Charge(see paragraph 6) Email and Text Messaging $ No Charge Licensee recognizes that once email and text messages have been released from Licensor's equipment,the ultimate delivery of the messages depends on the message recipient's local network.As a result Licensor cannot guarantee the delivery of email and text messages to a recipient. Up to 5 CodeRED user pass codes $ Included Initial Residential Database Upload $Waived One (1) CodeRED distance training session $ Included System usage will be charged against Prepaid System Minutes at actual minutes of time connected while delivering prerecorded System calls.All calls will be billed in 6-second increments. Only connected calls(live connections, answering.machine connections and fax tone connections)will result in connection charges being incurred. Additional Pass codes may be purchased for an annual fee of$150.00 per pass code. Database Accuracy Updates Licensor Supplied Database:"Database Accuracy Updates"ensure that the data population maintained by Licensor under this Agreement undergoes periodic accuracy checks using the Licensor's most current in-house compiled database including,but not limited to, household addresses and telephone numbers. It will be the sole responsibility of the Licensee to maintain database accuracy and request updates from the Licensor. One annual"Database Accuracy Update"will be performed by the Licensor upon request by the Licensee at no charge.Additional updates requested by Licensee will incur charges at the rate listed below after the update service is completed by Licensor. 2.0 per record in final updated database population. Licensee Supplied Database:A service labor fee of One Hundred Dollars($100.00)per hour will be billed to Licensee for any data importing, manipulating, and loading any database supplied by Licensee or on Licensee's behalf to Licensor. $100 per hour for database maintenance Annual System Maintenance, including all Software Upgrades $No Charge Emergency Communications Network,Inc Page 6 of 6 Initials CodeRED®Services Agreement Licensor Licensee Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 6E 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION, DRIVE HAMMERED - GET NAILED GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission grant in an amount not to exceed $3,000, authorize the Police Chief to sign all necessary documents, amend the budget, and authorize the Police Department to spend the grant proceeds. This grant will provide supplemental overtime funding for DUI enforcement. This DUI campaign, 'Drive Hammered - Get Nailed", will begin on August 14th and run through September 7, 2009. This program is part of a National and Statewide high-visibility enforcement campaign to contact and arrest as many DUI violators as possible. 3. EXHIBITS: Memo dated 7/14/09 and Memorandum of Understanding 4. RECOMMENDED BY: Public Safety Committee 7/14/09 (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: 1 POLICE DEPARTMENT Steve Strachan, Chief of Police KENT Phone: 253-856-5888 WAS HINOTON Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 14, 2009 TO: Public Safety Committee SUBJECT: Washington Traffic Safety Commission "Drive Hammered - Get Nailed" grant award MOTION: I move to recommend Council authorize the Kent Police Department to accept the Washington Traffic Safety Commission grant in an amount not to exceed $3,000. SUMMARY: This grant will provide supplemental overtime funding for DUI enforcement. This DUI campaign, "Drive Hammered - Get Nailed", will begin on August 14th and run through September 7, 2009. This program is part of a National and Statewide high- visibility enforcement campaign to contact and arrest as many DUI violators as possible. EXHIBITS: Copy of Memorandum of Understanding with WTSC BUDGET IMPACT: None. BACKGROUND: The goals of this program are to save lives and prevent serious injuries on Washington's roadways by removing impaired drivers from our roadways. The WTSC will purchase media spots that will air before the enforcement begins and throughout the campaign to promote the program and to attempt to educate motorists. Kent i e t City Council WTSC grant- drive hammered July 14, 2009 ag BtA?g Op 4 ,p Y� -y't 1BB9 a0 MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, pursuant to Chapter 39.34 IR��CW is made and entered into by and between the 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 "Drive Hammered Get Nailed" Multi jurisdictional DUI Patrols as part of a National August DUI Crackdown during the period between August 14 and September 7, 2009. The goal of this project is to contact and arrest as many DUI violators as possible as part of a National and Statewide high-visibility enforcement campaign. Funding from this agreement is not available for activity before or after this period and may not exceed the amount prescribed by your local *Target Zero Manager. This funding is in addition to funding received to conduct X52 patrols. 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 the National August DUI Crackdown called "Drive Hammered Get Nailed." 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 X$�� (L, . °Q° for overtime for the August campaign. 3. Agency agrees to participate in night-time DUI patrols between August 14 and September 7, 2009. Nighttime is defined as between 1600 and 0600 hours. 4. Agency will participate in multi jurisdictional DUI patrols targeting times (ie. Weekends) and locations where high numbers of fatal and serious injury DUI collisions occur. Please coordinate your patrols with other agencies to maximize the visibility of this emphasis! 5. Performance standards for law enforcement personnel on August Crackdown is a minimum of three (3) self-initiated contacts per hour. This is an enforcement activity intended to apprehend impaired drivers. 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 MOU Drive Hammered Get Nailed August 2009 page 1 of 3 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. 6. Each LE Agency must report patrol statistics on the form provided (activity log) within 48 hours after the date of the patrol to their*Target Zero Manager (below): *Cesi Velez Kent Police 220 4t" Ave. S. Kent, WA 98032 ph: 253.856.5884 fax: 253.856.6802 evelez@ci.kent.wa.us 7. Payment cannot be made until activity logs are received. Activity logs cannot be modified. Please use the logs provided in this package. 8. Agency must submit claims (Al 9-Alform) for reimbursement in a timely manner to their*Target Zero Manager who will forward to WTSC for payment. The *Target Zero Manager tracks the total budget for South King County agencies and therefore must see all reimbursement paperwork. Agency must submit reimbursement forms no later than October 15, 2009. Requests for reimbursement received after November 15, 2009 will not be honored by the WTSC. The CFDA number for this grant is 20.601. 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 # and an original signature of the agency head, command officer or contracting officer on the Al 9-Al form. ♦ Payroll support documents. j ♦ Activity logs must have been filled out and turned into the*Target Zero Manager within 48 hours of the patrol to receive payment. Please include copies of the logs with the A19-Al, as well. 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 Drive Hammered Get Nailed August 2009 page 2 of 3 13. This DUI Crackdown is part of a highly publicized National effort to reduce impaired driving. As such, WTSC will be launching a coordinated and localized publicity campaign to let the public know that extra enforcement is out in August looking for impaired drivers. Therefore, Agency must provide the names of two agency officers who can be available for media requests and questions: Name/Title Name/Title Office Phone Office Phone Cell Phone Cell Phone IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. X A&I '� I`ce a +uv&',� Agency Washington Traffic Safety Commission I I X NU��(1 r '�'tipe C tracting Agent (Na Date S' nature X Prw-1 Date Please return this signed MOU to your*Target Zero Manager by Friday June 26, 2009. *Cesi Velez, Target Zero Manager Kent Police 220 4t" Ave. S. Kent, WA 98032 ph: 253.856.5884 cvelez@ci.kent.wa.us *Target Zero Manager will forward signed and reviewed documents by July 1, 2009 to: Shelly Baldwin WTSC PO Box 40944 Olympia, WA 98504-0944 MOU Drive Hammered Get Nailed August 2009 page 3 of 3 Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 6F 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION, TARGET ZERO GRANT - ACCEPT AND ESTABLISH BUDGET 2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission grant in an amount not to exceed $93,840 for the Kent/South King County Target Zero Task Force, establish a budget, and authorize the Police Department to spend the grant proceeds, and authorize the Mayor to sign all necessary documents. 3. EXHIBITS: Memo dated 7/14/09 and WTSC Award Letter dated 6/23/09 4. RECOMMENDED BY: Public Safety Committee 7/14/09 (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: POLICE DEPARTMENT Steve Strachan, Chief of Police Phone: 253-856-5888 K E N T Fax: 253-856-6802 WASH IN G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 14, 2009 TO: Public Safety Committee SUBJECT: Washington Traffic Safety Commission grant award MOTION: I move to recommend Council authorize the Kent Police Department to accept the Washington Traffic Safety Commission grant in an amount not to exceed $93,840, and establish the budget. SUMMARY: The Kent Police Department has been awarded a grant in an amount not to exceed $93,840 for the Kent/South King County Target Zero Task Force. The grant will fund the salary and benefits of one Public Education Specialist, subsistence, and goods and services. The Kent/South King County Target Zero Task Force will support the WTSC goal to reduce deaths, serious injuries, and economic losses that result from traffic collisions. An emphasis will be placed on the primary goals/emphasis areas of the Washington State Strategic Highway Safety Plan - Target Zero: • Reduce crashes involving impaired drivers • Reduce speed related crashes • Increase seat belt & child restraint use This grant period begins on July 1, 2009 and ends June 30, 2011. EXHIBITS: WTSC award letter dated 6/23/09 BUDGET IMPACT: No city matching funds required. BACKGROUND: City of Kent Public Safety Committee WTSC DDTF grant award July 14, 2009 SIA�l b ? r STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 621 8"'Avenue SE. Suite 409 PO Box 40944, Olympia, Washington 98504-0944 (360) 753-6197 June 23, 2009 Mr. Aaron Hasenoehrl CEU Programs Kent Police Department 220 41h Avenue South Kent, WA 98032 Dear Mr. Hasenoehrl: The WTSC has completed its review of Target Zero Task Force grant requests received in response to our RFP issued earlier this year. Congratulations, your agency has been approved In the amount of$93,840 for funding for the 2009- 2011 Target Zero Task Force Project. You may begin to obligate your funds on July 1, 2009. Enclosed you will find a copy of your signed - agreement. All original requests are keep on file at WTSC to comply with federal regulations. Your agency may not exceed a monthly reimbursement request for more than 1/24th of the total amount obligated through out the duration of your project. Also to comply with federal requirements, your agency must bill no later than to 15th of the following month for expenses occurring in the current month. WTSC has implemented a new invoice billing form and I have enclosed a copy for your review and will be emailing a copy to the Target Zero Manager. Please use this form for your monthly billings. The federal certification and assurances were updated following the announcement of the RPP. I have also enclosed a new copy for your signature; please sign and return as soon as possible and replace the existing one in your approved contract with the new copy. If you agency has extended a personal service contact to fill this position, please refer to number 11 under certification and assurance and provide WTSC will a signed copy of the contact by July 15, 2009. To remain in compliance with federal guidelines, I will be conducting site visits within the year and I have enclosed is a copy of the review form that will be used during the visit I look forward to working with you this through out the duration of this project and please feel free to contact me at any time with questions and/or concerns. Thank you for your continued commitment to traffic safety. Respectfully, Lynn Drake Program Manager Certifications and Assurances It is hereby understood that this application and attachments hereto, when approved and signed by all concerned parties, as indicated shall constitute an agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, taken as a whole. This agreement is based on guidelines found in the Common Rule, OMB Circular A-102, in order to standardize and simplify federal grants. The signature below of an authorized representative of the applicant agency certifies and ensures that all the following conditions will be met. 1) Reports—The Contractor shall submit quarterly reports, a final report at end of project, and submit special reports as outlined in the Project Agreement. Please read Reporting Requirements, following this section. 2) Copyrights, Publications, and Patents—Where activities supported by this project produce original copyright material, the Contractor may copyright such, but the WTSC reserves nonexclusive and irrevocable license to reproduce, publish, and use such materials and to authorize others to do so. The Contractor may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by the National Highway Traffic Safety,Administration (NHTSA) and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other action required to protect the public interest. 3) Termination —This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any time upon written notice to the Contractor due to non-availability of funds, failure of the Contractor to accomplish any of the terms herein, or from any change in the scope or timing of the project. 4) Fiscal Records—Complete and detailed accounting records will be maintained by the Contractor of all costs incurred on this project, including documentation of all purchases of supplies, equipment, and services; travel expenses; payrolls; and time records of any person employed part-time on this project. Federal, state, or WTSC auditors shall have access to any records of the Contractor. These records shall be retained for three years after the final audit is completed or longer, if necessary, until all questions are resolved. 5) Funding —The Contractor will utilize funds provided to supplement and not to supplant state and local funds otherwise available for these purposes. Funds are to be expended only for purposes and activities approved in the project agreement. Reimbursement will be made periodically by WTSC based on approved requests for reimbursement. If matching funds are required, the Contractor will expend them from nonfederal sources, which must be spent not later than 30 days following the completion of the project. 6) Cost Principles and Grant Management—The allowability of costs incurred and the management of this project shall be determined in accordance with the Office of Management and Budget (OMB) 2 CFR Part 225 and 49CFR, Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-122 for nonprofit entities. 7) Obligation Funds — Federal funds may not be obligated prior to the effective date or subsequent to the termination date of the project period. Requests for reimbursement outstanding at the termination date of the project must be made within 30 days or those funds may not be paid. 8) Changes—The Contractor must obtain prior written approval from the WTSC for major project changes, including: changes of substance in project objectives, evaluation, activities, the project manager, key personnel, or project budget. The period of performance of the project, however, cannot be changed. 9) Income— Income earned by the Contractor with respect to the conduct of the project (sale of publications, registration fees, service charges, etc.) must be accounted for and income applied to project purposes or used to reduce project costs. Grant Application 13 10)Purchases— Purchase of equipment or services must comply with state or local regulations. After the end of the project period, equipment should continue to be utilized for traffic safety purposes and cannot be disposed of without written approval of the WTSC. The Contractor shall make and maintain an inventory of equipment to include descriptions, serial numbers, locations, costs or other identifying information, and submit a copy to the WTSC. 11)Third Party Participants— No contracts or agreements may be entered into by the Contractor related to this project, which are not incorporated into the project agreement and approved in advance by the WTSC. The Contractor will retain ultimate control and responsibility for the project. WTSC shall be provided with a copy of all contracts and agreements entered into by Contractors. Any contract or agreement must allow for the greatest competition practicable and evidence of such competition or justification for a negotiated contract or agreement shall be provided to the WTSC. 12)Participation by Disadvantaged Business Enterprises—The contractor agrees to take all necessary and reasonable steps in accordance with Title 49, CFR, Subtitle A, Part 26 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any subcontracts financed in whole or in part with federal funds. 13)Americans with Disabilities Act— In the performance of this agreement, the Contractor shall comply with the provisions of Title VI of Civil Rights Act of 1964 42 USC 200d, Section 504 of the Rehabilitation Act of 1973 29 USC 794 Chapter 49.60 RCW, and Title I of the Americans with Disabilities Act 42 USC 1211-12117. The Contractor shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in any terms and conditions of employment to include taking affirmative action necessary to accomplish the objectives of this Act and denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, or otherwise afforded others. 14)Political Activities — No funds, materials, equipment, or services provided in this project agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or to pay any person to influence or attempt to influence an officer or employee of congress, or an employee of a member of congress, an officer or employee of congress in connection with the awarding of any federal loan or the entering in of any cooperative agreements. 15)Single Audit—State and local governments that receive federal assistance are subject to the audit requirements of the Office of Management and Budget (OMB) Circular A-128. An institution of higher education or a nonprofit entity must comply with audit requirements in OMB Circular A-133. 16)Seat Belt Policy— No funds, materials, property, or services will be provided to any political subdivision that does not have a current and actively enforced policy requiring the use of seat belts. 17)Drug Free Workplace— In accordance with the Anti-Drug Act of 1988 (41 USC 702-707) and Drug-Free Workplace (42 USC 12644), WTSC has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees, grantees, and/or sub-grantee of the Contractor and/or any such activity is prohibited in the Contractor's workplace. 18)Debarment and Suspension - The applicant certifies, by signature below, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. I have r ad d un rstand the above Certifications and Assurances. Authorized Appi'cant Date Signature Grant Application 14 Kent City Council Meeting Date July21, 2009 Category Consent Calendar - 6G 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION, MOTORCYCLE ENFORCEMENT PATROLS GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission, Motorcycle Enforcement Patrols grant in an amount not to exceed $3,350, authorize the Police Chief to sign all necessary documents, amend the budget, and authorize the Police Department to spend the grant proceeds. This grant will fund officer overtime for motorcycle enforcement patrols. Increased motorcycle registrations in King County have led to increased fatalities. The project's goal is to contribute to a 30% reduction of fatal crashes in King County in 2009. 3. EXHIBITS: Memorandum dated 7/14/09 and Memorandum of Understanding 4. RECOMMENDED BY: Public Safety Committee 7/14/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes Y No 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: POLICE DEPARTMENT Steve Strachan, Chief of Police Phone: 253-856-5888 KEN T Fax: 253-856-6802 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 14, 2009 TO: Public Safety Committee SUBJECT: Motorcycle Enforcement Patrols, Washington Traffic Safety Commission grant award MOTION: I move to authorize the Kent Police Department to accept the Washington Traffic Safety Commission grant in an amount not to exceed $3,350. SUMMARY: Washington Traffic Safety Commission (WTSC) has awarded the Kent Police Department of a grant in the amount of $3,350 to fund officer overtime for motorcycle enforcement patrols. Increased motorcycle registrations in King County have led to increased fatalities. The project's goal is to contribute to a 30% reduction in fatal crashes in King County in 2009. The enforcement patrols would run during the months of July, August or September. Specific project dates will be communicated to surrounding South King County law enforcement agencies to encourage participation to address movement of violators from city to city. The Kent Police Department will generate and distribute press releases in advance of patrols and provide community education. Funding is on a reimbursement basis. EXHIBITS: Copy of Motorcycle Speed Enforcement Project MOU BUDGET IMPACT: None. City of Kent Public Safety Committee WTSC Motorcycle Enforcement award July 14, 2009 �,�e aTerF oQ o S 2 Y MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, pursuant to Chapter 39.34 RCW is made and entered into by and between the Kent Police Department (KPD) and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AGREEMENT to assist WTSC in a project titled: "Summer Motorcycle Speeding Enforcement Project " TERM: 1 July 2009 through 30 September 2009 IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. The Kent Police Department (KPD) has submitted a work plan, an education plan, and a request for grant funds in order to conduct motorcycle rider speeding-related fatal and serious injury collision reduction emphasis patrols on areas which show previous collision locations and/or frequent travel routes for ridership; KPD will also focus on scheduled community events that draw a number of riders. 2. WTSC has provided approval of the work plan, the education plan, and the request for grant funds. Funds are available for emphasis patrols beginning in July 2009 on the date this MOU is signed by both parties and ending on September 30, 2009. 3. WTSC will provide overtime salary and benefits to KPD at the normal rate of pay. The total cost of overtime and benefits provided to KPD under this project shall not exceed three thousand three hundred fifty dollars ($3,350.00). 4. KPD has agreed to the following conditions: a. KPD will request and use the services, weather and scheduling permitting, of the WSP Aviation Unit to track speeding motorcycle riders; b. KPD will conduct two overtime summer motorcycle emphasis patrols on Wednesday, Saturday and/or Sunday during the months of July, August, or September 2009; c. KPD will conduct enforcement from 1 - 9 pm; times and days for enforcement are flexible and may be adjusted as necessary; d. KPD will submit officer activity logs to WTSC following each overtime patrol; e. KPD has provided WTSC with the number of fatal motorcycle collisions in King County during 2008 as a baseline (14) and a project goal of a 15% reduction in fatal motorcycle collisions. Although this project has a short duration, the number of fatal motorcycle collisions in King County will be determined for 2009 project has made an impact to see if the p � pact on the number of motorcycle fatalities ; and f. KPD will work with the Kent Police Department to obtain earned media for the project. 5. KPD must submit claims for reimbursement to WTSC in a timely manner. All claims for reimbursement must be received the WTSC no later than October 15, 2009. Any request for reimbursement received after October 15, 2009 may not be honored by the WTSC. Claims for reimbursement must include: • Invoice voucher, A19-1A Form. (Your agency should be identified as the "Claimant"; you should provide a Federal Tax ID# and an original signature of the agency head, command officer or contracting officer on the A-19 form.) • Payroll support documents (overtime slips, payroll documents, etc.); • Summary of activities; and Officer activity logs showing 3 or more self-initiated contacts per hour. 6. Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from KPD, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. 7. 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. 8. I certify 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. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. ( ent Police Department) (Washington Traffic Safety 010L0 Commission) (Date) (Date) Return to: Penny Nerup, Program Manager Speeding & Police Traffic Services Programs Washington Traffic Safety Commission PO Box 40944 Olympia, WA 98504-0944 360.725.9890 pnerup@wtsc.wa.gov Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 6H 1. SUBJECT: PHYSICALLY DISABLED PARKING ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. which repeals section 9.38.090 of the Kent City Code to allow Kent Police Officers to cite violators who illegally park in spots reserved for the physically disabled under the state RCW provision, which carries a higher penalty. The Kent City Code currently contains two competing code sections that make it an infraction for a nondisabled person to park in a parking space reserved for the disabled. One code section is set forth in KCC 9.38.090, which subjects the violator to a $175 infraction. The other section is set forth in RCW 46.16.381, which is adopted by the City by way of its adoption of the Model Traffic Ordinance, This RCW section imposes a $250 fine for a violation of the disabled parking restriction. In the past, Kent police officers have cited either the Kent City Code section or the RCW, which has resulted in the same infraction carrying different penalties depending on which violation is noted. The Law Department recommends that the Council amend the Kent City Code by repealing KCC 9.38.090. By repealing KCC 9.38.090, officers will uniformly cite under RCW 46.16.381, which will result in consistency throughout the City, and which will be consistent with the manner in which this infraction is handled in other jurisdictions. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing section 9.38.090 of the Kent City Code, entitled "Parking reserved for physically disabled, penalty," which will result in the Kent Police Department enforcing the state RCW provision regarding disabled parking as opposed to a Kent-specific provision. RECITALS A. Under the existing text of section 9.38.090 of the Kent City Code ("KCC"), a $175 infraction is issued to any person who illegally parks in a parking place reserved for physically disabled persons with properly issued parking placards. State law, however, currently provides for a higher penalty in the amount of $250. B. The City Attorney's Office recommends that Council revise the Kent City Code by repealing KCC 9.38.090. By repealing Kent's specific code provision, Kent police officers will be able to cite violators under the state RCW provision, RCW 46.16.381, which carries with it a higher penalty. RCW 46.16.381 has been adopted by the state as part of the Model Traffic Ordinance, and the City of Kent has in turn adopted the Model Traffic Ordinance for enforcement in Kent, which will allow officers to cite violators under the RCW provision. Therefore, although this ordinance 1 Parking Reserved for Physically Disabled - Repeal KCC 9.38.090 repeals KCC 9.38.090, it is not necessary that the City of Kent adopt another provision in its place. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Repealer. Section 9.38.090 of the Kent City Code, entitled "Parking reserved for physically disabled, penalty," is hereby repealed in its entirety. disabled,See. 9.38.990. Pariting reserved for physically penalty. paee reserved fer physweally disabled peFSeRS pursuant te Chapter :70.92 that he was ent'ded te the sange at the time ef being tieketed. Seeend Avenue. Z. S\..eel'I'QT Avenue'—..11TGf between GTee'C-GT . Jtr-eGen the west sffide ef Seeend Avenue. 2 Parking Reserved for Physically Disabled - Repeal KCC 9.38.090 3-�iTitus Street between FIFSt Avenue-and�eevma sve-rat.--Svarrr SECTION 2. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 3 Parking Reserved for Physically Disabled - Repeal KCC 9.38.090 1 PASSED: day of July, 2009. APPROVED: day of July, 2009. PUBLISHED: day of July, 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 P:\Cjvil\Ordmance\Parking-PhysicallyDisabled doc 4 Parking Reserved for Physically Disabled - Repeal KCC 9.38.090 Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 6I 1. SUBJECT: SEATTLE POLICE DEPARTMENT INTERAGENCY AGREEMENT AMENDMENT, SPECIAL GANG ENFORCEMENT TASKFORCE - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Police Chief to sign the Seattle Police Department Interagency Agreement Amendment regarding the Special Gang Enforcement Taskforce in an amount not to exceed $10,000. 3. EXHIBITS: Memorandum dated 7/14/09 and Interagency Agreement Amendment 4. RECOMMENDED BY: Public Safety Committee 7/14/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y 1 Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: POLICE DEPARTMENT Steve Strachan, Chief of Police Phone: 253-856-5888 KENO WASHINOTON Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 14, 2009 TO: Public Safety Committee SUBJECT: Seattle Police Department Interagency Agreement, Amendment No. 1 - AUTHORIZE MOTION: I move to authorize the Kent Police Department to sign Amendment No. 1 to the Seattle Police Department Interagency Agreement. SUMMARY: Amendment No. 1 of the Seattle Police Department Interagency Agreement p 9 9 for Special Gang Enforcement Taskforce is attached on one page. Section 1: Term of Agreement The Agreement is extended from June 30, 2009 to June 30, 2010. Section 4: Reimbursement The maximum amount to be paid for services is revised to "shall not exceed $10,000" (this was previously $5,000) Reimbursement funds will be used to assist in the investigation and prosecution of gang related crime through a multi-jurisdictional Special Gang Enforcement Taskforce. Kent Police Department officers will work with the task force to implement a coordinated approach to reducing crime and related activities perpetrated by identified criminal gangs in hot spot emphasis areas. EXHIBITS: BUDGET IMPACT: None. BACKGROUND: Public Safety Committee SPD Gang Eof Task Force rce Amendment No t July 14, 2009 The City of Seattle Seattle Police Department AMENDMENT NO. 1 TO INTERAGENCY AGREEMENT FOR Special Gan Enforcement Taskforce p g AGREEMENT NO. This Agreement is made and entered into by and between the City of Seattle ("the City"), a Washington municipal corporation, through its Police Department, as represented by the Chief of Police; and the Kent Police Department, 232 Fourth Ave S, Kent, WA 98032, a department of the City of Kent. The original Interagency Agreement is amended as follows. All other terms and conditions of the original Agreement, as amended, remain in effect. First WHEREAS STATEMENT Page 1, change to read: "SPD is the recipient of a grant through the Washington State Department of Community, Trade and Economic Development (CTED), via the Washington Association of Sheriff's and Police Chief's (WASPC)." Section 1: TERM OF AGREEMENT The Term of this Agreement is extended from June 30, 2009 to June 30, 2010. Section 4: REIMBURSEMENT Paragraph 4: The maximum amount to be paid for all of the services provided under this agreement is revised from "shall not exceed five thousand dollars ($5,000)"to "shall not exceed $10,000.11 The parties have executed this Agreement Amendment by having their representatives sign below. KENT POLICE DEPARTMENT SEATTLE POLICE DEPARTMENT By By C Steve Strachan, Chief of Police Clark Kimerer, Deputy Chief of Police (�11cq 0 •'? ( U) 1 0 C Date Date Interagency Agreement Executed by Seattle Police Department(SPD), a department of the City of Seattle,hereinafter referred to as "SP-D", Department Authorized Representative: Lt. Ron Wilson 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 and Kent Police Department(KPD)a department of the City of Kent,hereinafter referred to as KPD, Department Authorized Representative: Lt. Ken Thomas 232 Fourth Ave S Kent, WA 98032 WHEREAS, SPD is the recipient of a grant through the Washington Association of Sheriffs and Police Chiefs (WASPC)to assist in the investigation and prosecution of gang related crime; and , WHEREAS, SPD oversees and convenes bi-weekly meetings of a multi jurisdictional Special Gang Enforcement Taslcforce intended to reduce crime and related activities perpetrated by identified criminal gangs in hot spot emphasis areas through a coordinated and comprehensive application of enforcement activities focusing on the dismantling of these criminal organizations; NOW THEREFORE, the parties hereto agree as follows: This Interagency Agreement contains seven(7)Articles: ARTICLE I: TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect until June 30, 2009 unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES Under the direction of SPD's Gang Lieutenant, who will function as the Coordinator of the Special Gang Enforcement Taskforce, SPD officers along with KPD officers will implement a coordinated approach to reducing crime and related activities perpetrated by identified criminal gangs in hot spot emphasis areas. SPD will utilize WASPC grant funding to reimburse participating Kent Police Officers to work on a pre-approved overtime basis,under the coordination of SPD's Gang Unit Lieutenant, to conduct pro-active and follow-up investigations in identified hot spot areas; and to reimburse pre-approved overtime worked b Kent Police Crime y Analyst personnel for collecting, tracking, and reporting gang-crime data. In order to be reimbursable, overtime worked by Kent Police personnel must be approved in advance by SPD's Gang Lieutenant. SPD may, at its sole discretion, utilize WASPC grant funding to purchase investigative equipment to assist the Taskforce in conducting gang investigations and collecting and reporting gang-crime data, i.e, a laptop, software license, air card, digital camera, and/or digital audio recorder. ARTICLE III: OPERATIONAL STANDARDS KPD agrees to participate in the Special Gang Enforcement Taskforce and attend bi-weekly meetings of the group. KPD agrees to attend court proceedings relating to cases that arise from working on the Special Gang Enforcement Taskforce at the employing jurisdiction's expense. KPD agrees that informants are managed by the jurisdiction that the investigation arises out of. KPD will maintain accurate records pertaining to gang contacts, investigations,and arrests,that will be collected and forwarded not less than monthly to Lt. Ron Wilson, Seattle Police Department, 610 5th Avenue, PO Box 34986, Seattle, WA 98124-4986,to ensure timely quarterly statistical reporting to WASPC. (A Gang-Crime Data Reporting Form is included as an attachment to this Agreement.) ARTICLE IV: LIABILITY KPD agrees to indemnify and hold the City of Seattle, its employees, officers and agents and SPD harmless from any and all losses, claims, actions, costs,expenses,judgments, subrogation or other damages resulting from injury to any person(including injury resulting in death)or damage (including loss or destruction) to property, of whatsoever nature,of any person arising out of or incidental to the KPD's participation in the Special Gang Enforcement Taskforce. KPD agrees that any and all work related injury or illness incurred by a KPD employee while working on this Special Gang Enforcement Taskforce shall be covered by the employee's employing jurisdiction, the City of Kent. Each jurisdiction participating as a member of the Taskforce shall assume liability for any and all personal injury, property damage, third party damage, or other damage resulting from a vehicle collision that occurs while acting in furtherance of, participation in, or incidental to the Taskforce and its mission. Each jurisdiction participating as a member of the Taskforce shall be solely liable for any and all claims,lawsuits, losses, costs, expenses,judgments, or other damages arising out of that jurisdiction's employees' actions or inactions while working on the Taskforce. Therefore, liability of one Taskforce jurisdiction that arises out of acting in furtherance of the Taskforce and its mission shall not automatically attach to any other participating jurisdiction based upon Taskforce membership alone. Page 2 of 3 ARTICLE V: VENUE STIPULATION—DISPUTE RESOLUTION This agreement shall be construed as having been made and delivered between the City of Seattle and the City of Kent and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any provision hereto shall be instituted in King County, Seattle, Washington. ARTICLE VI: REIMBURSEMENT Requests for reimbursement will be made on a monthly basis and should be forwarded to SPD as soon as practical after the first of the month that follows the month for which reimbursement is requested. Such requests should be forwarded by KPD's Special Investigations Unit Lieutenant to SPD's Gang Lieutenant for his review, approval, and submission to SPD's chain of command for processing. Overtime reimbursements for KPD personnel assigned to the Special Gang Enforcement Taskforce will be calculated at the usual rate for which the individual deputies' time would be compensated in the absence of this agreement, excluding FICA and retirement benefits. Each request for reimbursement will include the name, rank, overtime compensation rate,number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed, that the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis with the Special Gang Enforcement Taskforce. The maximum amount to be paid under this cost reimbursement agreement shall not exceed five thousand dollars ($5,000). Requests for reimbursement must be received by SPD by June 30, 2009 to be payable. ARTICLE VII: AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. DENT POLICE DEPARTMENT SEATTLE POLICE DEPARTMENT Steve achan, Chief of Police 1 R. Gil Kerlikowske, Chief of Police Q Date: Attachment: Gang-Crime Data Reporting Form Page 3 of 3 Gang-Crime Data Reporting Form Special Gang Enforcement Targeting Gang Crime 1. Number of arrests related to Gang Crime: Comments: 2. Number of gang investigations/arrests involving a drug trafficking organization (DTO): Comments: 3. Number of overtime hours spent on gang-related activity: Comments: 4. Number of officer field contacts made: Comments: 5. Number of gang members and gang affiliates contacted: Comments: 6. Number of gang related crimes in jurisdiction: Comments: 7. Number of gang related arrests in jurisdiction: Comments: 8. Number of gang related investigative reports involving weapons: Comments: IN I Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 63 1. SUBJECT: PURCHASE OF 61' SKY-BOOM - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with Pierce Manufacturing for the purchase of a 61' Sky-Boom in an amount not to exceed $962,185, subject to final terms and conditions acceptable to the City Attorney. The purchase of a 61' Sky-Boom will allow an aerial ladder and elevated water tower to arrive on scene on the West Hill within 5-6 minutes. Additionally, it will allow rescue of occupants in 3-story apartment complexes, quicker access for roof ventilation, and elevated water tower for exposure protection. Approval was received to purchase a 61' Sky-Boom from Pierce Manufacturing on a sole source basis from Mayor Cooke. 3. EXHIBITS: Sole Source Procurement Memo and Agreement with Pierce Manufacturing 4. RECOMMENDED BY: Staff and Public Safety Committee 7/14/09 (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: FIRE DEPARTMENT Jim Schneider, Fire Chief ' Phone: 253-856-4300 K E N T Fax: 253-856-6300 W A S H I N O T O N Address: 24611 116t1'Ave. SE Kent, WA. 98030-4939 June 5, 2009 To: Mayor Suzette Cooke Through: John Hodgson, Chief Administrative Officer From: Jim Schneider, Fire Chief Regarding: Single Source Procurement - Pierce Manufacturing Sky-Boom The City's 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 high quality fire vehicles at the lowest possible price. The Apparatus Maintenance Division of the Fire Department has been instrumental in demanding that the vehicles purchased by the Fire Department are built to the highest standards of quality. There have been two instances where apparatuses purchased by the Fire Department have failed to meet the department's quality standards. First, in 1996, the City purchased two pumpers from BME, Inc., who was the lowest bidder. Both pumpers had major defects, and after a year of negotiations and a lawsuit, the matter finally settled with the City rejecting the pumpers and being fully reimbursed. In April, 2004, the City took delivery of an aid car from Road Rescue. However, that aid car was rejected and returned because it had numerous defects that Road Rescue was unable to cure. With the exception of the two pumpers that were purchased from BME and later rejected, the City has purchased its pumpers and aerial ladder trucks from Pierce Manufacturing, Inc., since the 1970s. The City has become accustomed to Pierce's high standards and its dedication to quality. The Fire Department would like to contract with Pierce for the purchase of a Sky- Boom to replace an engine that has reached the end of its service life. This unit was identified to be replaced in 2008 in the fire apparatus replacement plan. The Fire Department is confident that Pierce can provide the City with the same quality it has come to expect of its heavy apparatus. i Memorandum: Mayor Suzette Cooke ' June 5,2009 Page: 2 It is advantageous for the City to stock its fleet with the same or similar vehicles 9 Y because it is easier to stock parts and mechanics become familiar with the design of ' the vehicle, making maintenance more efficient. Moreover, Fire Department personnel who operate and utilize heavy fire apparatus can easily transition from one apparatus to another when the apparatus are designed using the same chassis and similar features. By this memo, the Fire Department requests that you determine the bidding process usually required by KCC 3.70.030 and .040 is not in the best interest of the City and that you authorize the Fire Department to enter into direct negotiations with Pierce Manufacturing for the purchase of a Sky-boom. In the event the Fire Department successfully negotiates a purchase contract with Pierce Manufacturing, the contract will be brought before the Public Safety Committee and the City Council for approval. 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. Su a -te Cooke, Mayor D e r KENT wnsHiHcrnM AGREEMENT BETWEEN THE CITY OF KENT, PIERCE MANUFACTURING, AND HUGHES FIRE EQUIPMENT FOR THE PURCHASE OF A 61' SKY-BOOM/WATER TOWER THIS AGREEMENT is made and entered into by the City of Kent, a rWashington municipal corporation, with its principal offices at 220 Fourth Avenue S., Kent, WA 98032-5895, hereinafter "City"; Pierce Manufacturing, with its principal offices at 2600 American Drive, Appleton, WI 54913; and Hughes Fire Equipment, with its principal offices at 910 Shelly Street, Springfield, OR 97477. For the purposes of this Agreement, Pierce Manufacturing and Hughes Fire ' Equipment shall collectively be referred to as "Vendor." WITNESSETH: That in consideration of the payments, covenants, and agreements hereinafter mentioned, to be made or performed by the parties hereto, the parties covenant and agree to the following: 1. Term — Agreement The term "Agreement" as used herein, shall constitute this document entitled ' "Agreement between the City of Kent and Pierce Manufacturing for the Purchase of a 61' Sky-Boom/Water Tower," and the following attachments which are incorporated by this reference: a. h I Attachment A entitled Minimum Specifications for a 61 Sky- Boom/Water Tower," and b. Attachment B, entitled "Drawings," which are approved at the pre- construction meeting, and C. Attachment C, entitled "Pierce Manufacturing Proposal," and rd. Attachment D, entitled "Pierce's Build Sheet." and e. Attachment E, entitled "Insurance Requirements." 2. Term — 61' SkvBoom/Water Tower r This Agreement is for the purchase of one (1) 61, Sky-Boom/Water Tower that conforms to the terms of this Agreement. r AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM/WATER TOWER Page 1 of 13 March 20, 2009 3. Scope of Work Vendor agrees to build and deliver to the City one (1) fully functional 61' , Sky-Boom/Water Tower that meets the specifications set forth in this Agreement and its various attachments. ' The City promises and agrees with Vendor to engage Vendor to provide the 61' Sky-Boom/Water Tower as described in this Agreement and for Vendor to complete and finish the same according to the plans and specifications set forth in this Agreement and Attachments A, B, C, and D. ' The parties agree that the 61' Sky-Boom/Water Tower will conform to all Federal Department of Transportation rules and regulations in effect at the , time of signing of the Agreement, and with all National Fire Protection Association guidelines for Automotive Fire Apparatus as published at the time of signing of this Agreement. 4. Delivery and Risk of Loss Vendor agrees to deliver to the City one (1) fully functional 61' Sky- Boom/Water Tower, free of defects, that conforms to the specifications set forth in this Agreement within calendar days from the date of ' signing of this Agreement, F.O.B. Kent, WA; provided, the risk of loss for any defect or damage to the 61' Sky-Boom/Water Tower shall remain with ' Vendor until the 61' Sky-Boom/Water Tower is accepted by the City. Vendor shall, at the request of the City, provide a representative to demonstrate the operation of the 61' Sky-Boom/Water Tower and to train and instruct City representatives regarding the operation of the 61' Sky- Boom/Water Tower at the time of delivery. ' S. Time is of the Essence The City and Vendor agree that time is of the essence in the performance of ' this Agreement. 6. Payment and Options ' The total amount to be paid for the 61' Sky-Boom/Water Tower is i $ , plus any applicable sales tax. Payment shall be made within ■ thirty (30) days of acceptance of the 61' Sky-Boom/Water Tower by the City. Payment shall be made by the City directly to the party designated on the , invoice. AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM/WATER TOWER Page 2 of 13 March 20, 2009 7. Preconstruction Vendor shall provide and pay the expenses for travel by air, meals, and accommodations for four (4) representatives of the City to sit down with the Vendor's representatives at its facility to go over the specifications so all parties have a clear understanding of the City's proposal. S. Insuection The City is entitled to inspect the 61' Sky-Boom/Water Tower at three (3) 1 different stages. The inspections shall include: (i) a mid-construction inspection prior to painting the 61' Sky- Boom/Water Tower; (ii) a final construction inspection prior to leaving the factory; and (iii) a post-delivery final inspection. ' With the exception of the post-delivery inspection, the inspections shall occur at the Vendor's manufacturing site. Vendor shall provide and pay the expenses for travel by air, meals, and accommodations for four (4) representatives of the City for each of the inspections that occur at the Vendor's manufacturing site. The City representatives shall, at a minimum, be afforded twenty-four (24) hours of time to inspect the 61' Sky-Boom/Water Tower during the mid-construction, pre-paint inspection, and the final construction inspection. Additional inspection time shall be afforded for the inspection of any item that is discovered by a City representative to be defective. All deficiencies shall be corrected prior to the apparatus leaving the Vendor's facility. The Vendor shall cover all expenses of the Kent Fire Department personal if the apparatus is not ready at the end of the twenty-four (24) hour final 1 inspection. If the deficiencies are not corrected within three days, the Vendor shall fly the Kent Fire Department personal home. Once the deficiencies are ' corrected, the Vendor shall notify the Kent Fire Department and fly two (2) of its representatives back to the Vendor's facility to re -inspect. The Vendor shall cover meals and lodging. Inspection periods shall include only the time that City representatives actually spend at the Vendor's manufacturing facility inspecting the 61' SkyBoom/Water Tower. ' There shall be a post-delivery final inspection conducted at the City's premises to ensure that the 61' Sky-Boom/Water Tower conforms to the terms of this Agreement and passes all inspections and tests as required by the City or other laws or regulations. The initial post-delivery inspection and AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM/WATER TOWER Page 3 of 13 March 20, 2009 testing shall be completed within thirty (30) days of delivery of the 61' Sky- , Boom/Water Tower. In the event the 61' Sky-Boom/Water Tower fails to meet the tests as required by the City on first trials, second trials may be ' conducted by the City, at the sole option of the City, within thirty (30) days from the date of the first trials. Such trials shall be final and conclusive. Vendor specifically agrees that its failure to afford the City the opportunity to inspect the 61' Sky-Boom/Water Tower pursuant to the terms of this Agreement shall be sufficient cause, in and of itself, for the rejection of the 61' Sky-Boom/Water Tower. Notwithstanding any right of inspection, Vendor shall notify the City of any ' known or discoverable defect in the 61' Sky-Boom/Water Tower that exists on the date the 61' Sky-Boom/Water Tower is delivered, or is later discovered by Vendor. 9. Acceptance , Acceptance of the 61' Sky-Boom/Water Tower shall occur after the 61' Sky- Boom/Water Tower passes post-delivery inspections and tests. The fact that ' the City uses the 61' Sky-Boom/Water Tower for the inspection and tests shall not constitute acceptance. 10. Reiection The City reserves the right to inspect the 61' Sky-Boom/Water Tower for any , defects, irregularities, non-conformities, and defects in workmanship and appearance, and to reject a nonconforming or defective 61' Sky-Boom/Water Tower. The City will notify Vendor of the rejection of the 61' Sky-Boom/Water , Tower in writing. The City will also provide Vendor with a written description of the reason(s) for rejection. The City will hold the 61' Sky-Boom/Water Tower in its possession with reasonable care at Vendor's disposition for a time sufficient to permit Vendor to remove the 61' Sky-Boom/Water Tower. If Vendor gives no instructions within a reasonable time after notification of the rejection, the City will store the 61' Sky-Boom/Water Tower at Vendor's ' expense and such expense shall become a security interest in favor of the City. The parties understand that in the case of rejection, the City is not required to store the 61' Sky-Boom/Water Tower in an enclosed area. ' 11. Cure If the City has rejected the 61' Sky-Boom/Water Tower for a defect or non- , conformity, or the 61' Sky-Boom/Water Tower has or develops a defect after acceptance of the 61' Sky-Boom/Water Tower, Vendor shall have thirty (30) ' days to cure the defect; provided, Vendor provides the City written notice of Vendor's intent to cure the defect and assures the City that it is capable of curing such defect. The City shall notify Vendor in writing of its discovery of AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM/WATER TOWER Page 4 of 13 March 20, 2009 any defect within thirty (30) days of the actual discovery of the defect. The cure of the defect shall be at the sole expense of the Vendor, and Vendor shall cover all costs of such cure. In the event the cure requires that the 61' Sky-Boom/Water Tower to be transported beyond the limits of the State of Washington, Vendor shall, in addition to covering all costs of such cure, pay ' to the City $0.55 per mile that the 61' Sky-Boom/Water Tower is driven to cover the wear and tear on the 61' Sky-Boom/Water Tower. Unless otherwise agreed to in a separate writing signed by the parties, Vendor shall have one opportunity to cure each defect for which it has been placed on notice or which Vendor discovers. Any agreement to cure defects of the 61' Sky-Boom/Water Tower shall not constitute a settlement of claims brought pursuant to the terms of this Agreement. If, at any time, Vendor discovers a defect, Vendor shall, within two (2) days of discovery, notify the City of such defects in writing and shall cure such defect, if Vendor so chooses, pursuant to this section. 12. Warranty Vendor warrants and guarantees that the 61' Sky-Boom/Water Tower will be manufactured in accordance with the specifications set forth in this Agreement. Vendor further warrants that the 61' Sky-Boom/Water Tower shall remain free from defect or malfunction for a period of five (5) years from the date the 61' Sky-Boom/Water Tower is placed in service; PROVIDED, that in the event any warranty that appears in the attachments to this Agreement, or a warranty issued by a component manufacturer, extends beyond Two (2) years years, the length of the warranty in that attachment or issued by the component manufacturer shall prevail and shall not be limited by this paragraph. The implied warranties of merchantability and fitness for a particular purpose, as set forth in sections 62A.2-314 and -315 of the Revised Code of Washington, shall apply to the 61' Sky-Boom/Water Tower. These implied warranties shall apply even though they may be disclaimed in an attachment to this Agreement or other documents supplied by the Vendor, such that this section shall prevail over such disclaimer, and such disclaimer shall not apply. The inspection of or failure to inspect the 61' Sky-Boom/Water Tower shall not constitute a waiver or cancellation of the implied warranties. If the 61' Sky-Boom/Water Tower or any component, unit, or subsystem is repaired, rebuilt, or replaced pursuant to this Agreement, such warranty ' work, component, unit, or subsystem shall have the remaining unexpired warranty of the 61' Sky-Boom/Water Tower, the original component, unit or subsystem, or a warranty of six (6) months, which ever period is longer. AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM/WATER TOWER Page 5 of 13 March 20, 2009 Vendor shall provide all paperwork relating to warranty coverage of the 61' ' Sky-Boom/Water Tower or their components to the City upon delivery of the 61' Sky-Boom/Water Tower. , The warranty periods set forth in this Agreement shall not begin to run until , the 61' Sky-Boom/Water Tower is placed in-service by the City. The City will promptly notify Vendor of the date the 61' Sky-Boom/Water Tower is placed in service and the mileage of the 61' Sky-Boom/Water Tower when it is , placed in-service. The warranty period set forth in this Agreement shall not run during any period in which the 61' Sky-Boom/Water Tower is not functional due to a defect in the 61' Sky-Boom/Water Tower so long as the City places Vendor on written notice of the defect. In the event a component manufacturer requires that the purchaser register its purchase with the manufacturer to make effective a component manufacturer's warranty, Vendor shall take all steps necessary to register such purchase with the component manufacturer. In the event Vendor fails to properly register the City's purchase with the component manufacturer, then Vendor shall assume the status of warrantor of such component as if such registration had occurred. The City's failure to discover any defect during any inspection or at any other time shall not constitute a waiver of the warranty applicable to such defect. 13. Performance Bond Vendor shall provide and execute a performance bond for the full contract , amount. This performance bond shall: (1) Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current authorized Insurance List for the State , of Washington published by the Office of the Washington Insurance Commissioner. (2) Be conditioned on and guarantee the faithful performance of the r contract by Vendor within the prescribed time. (3) Guarantee that the surety shall indemnify, defend, and protect the City against any claim of direct or indirect loss resulting from the failure: AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM/WATER TOWER Page 6 of 13 March 20, 2009 a. Of Vendor (or any of the employees, sub-contractors, volunteer tsub-contractors of Vendor) to faithfully perform the contract, and b. Of Vendor (or the sub-contractors) to pay all laborers, mechanics, subcontractors, volunteers, material person, or any other person who provides supplies or provisions for carrying out the work. (4) The City may require the surety companies on the Performance Bond to appear and qualify themselves. When the City deems the surety or sureties to be inadequate, it may, upon written demand, require Vendor to furnish additional surety to cover any remaining work. Until the added surety is furnished, payments on the contract will stop. (5) The parties agree that no liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 14. Independent Contractor 1 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 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. ' B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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. AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM/WATER TOWER Page 7 of 13 March 20, 2009 E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has ' obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. 15. Non-Assignment Vendor shall not assign this Agreement nor any part thereof, nor any monies due or to become due thereunder, without the prior written approval of the City. Vendor shall not sublet any part of this Agreement without first having obtained the written consent of the City to do so. IN CASE SUCH CONSENT TO SUBLET ANY PART OF THIS AGREEMENT IS GIVEN BY THE CITY, IT SHALL IN NO WAY RELEASE VENDOR FROM ANY RESPONSIBILITY UNDER THIS AGREEMENT, AND VENDOR SHALL BE HELD IN ALL RESPECTS ACCOUNTABLE AS IF NO CONSENT HAS BEEN GIVEN. VENDOR WILL BE REQUIRED TO GIVE PERSONAL ATTENTION TO THE WORK THAT IS SUBLET. , 16. Indemnification Vendor shall defend, indemnify, and hold the City, it's officers, officials, , employees, agents and volunteers harmless from injury and all claims, injuries, damages, losses, and suits including all legal costs and attorney fees , arising out of or in connection with the performance of this Agreement except for injuries and damages resulting from the sole negligence of the City. The City's inspection or acceptance of the 61' Sky-Boom/Water Tower when , completed will not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. The City shall: (1) promptly notify Vendor of , any claim for which indemnification may be sought; (2) cooperate fully in the defense of such claim; and (3) permit Vendor to settle or compromise such claim on terms and conditions which, in good faith, it determines are appropriate. 17. 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. AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM/WATER TOWER Page 8 of 13 March 20, 2009 18. Discrimination In the hiring of employees for the performance of work under this Ag reement or any sub-contract hereunder, Vendor, its sub-contractors, or any person acting on behalf of Vendor or its sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and 1 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. 19. Severability If any term, provision, condition, or other portion of this Agreement, or it's application to any person is held to be inoperative, invalid, or void, than the same shall not affect any other term, provision, condition, or any other portion of this Agreement or it's application to any person. 20. Cumulation of Remedies All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 21. Non-Waiver of Breach No term or provision hereof shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party, or waiver of, the breach of the other whether expressed or implied shall not constitute a continuing waiver of or consent to, nor excuse a different or subsequent breach. The failure of the City to enforce one portion of this Agreement shall not constitute a waiver, or excuse the breach, of another portion of this Agreement. 22. Authority ' Each party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM/WATER TOWER Page 9 of 13 March 20, 2009 Each party further acknowledges that it has read this Agreement and understands and agrees to be bound by its terms. 23. Choice of Law , This Agreement shall be exclusively governed and controlled by the laws of t the City of Kent and the State of Washington, including, but not limited to, the State's Uniform Commercial Code as contained in Chapter 62A.2 RCW. To the extent that this Agreement conflicts with the provisions of Chapter 62A.2 RCW, the terms of this Agreement shall control. Jurisdiction and venue for any action relating to this Agreement shall exclusively be in the Superior Court for King County, Washington. 24. Termination This Agreement may be terminated in whole or in part: (a) By the City if Vendor fails to deliver a conforming 61' Sky-Boom/Water Tower within thirty (30) days after the time for delivery specified in this Agreement or after thirty (30) days for a cure of any defect or non-conformity. The City shall notify Vendor of the termination, the reasons thereof, and the effective date. b B the mutual written agreement of the City and Vendor. The ( ) Y 9 Y Agreement to terminate shall include the conditions of termination, the effective date, and in the case of termination in part, the portion to be terminated. After the effective date of termination, no charges incurred under this Agreement, or terminated portions thereof, are allowable. 25. Liauidated Damages Liquidated damages at a rate of $100.00 per calendar day shall be assessed against Vendor for the late performance of any condition or term set forth in this Agreement. Vendor's delay in the performance of any term of this Agreement shall be excused if the cause of such delay is beyond the control , of, and without the fault or negligence of, Vendor, including acts of god, acts of the public enemy, acts of a government entity, fires, floods, and earthquakes. t 26. Notice to Proceed , Vendor shall commence all work immediately upon execution of the Agreement and shall provide a performance bond, a copy of an insurance ' AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM/WATER TOWER Page 10 of 13 March 20, 2009 1 policy (ies)\certificate(s), a copy of the Equal Employment Opportunity Policy PP Y Y Declaration, and an additional insured endorsement. 27. Sales Tax The City shall be responsible for paying Washington State Sales Tax on the contract amount at a rate that is current when and where the unit is purchased. Sales tax collected by Vendor will be subject to WAC 458-20-145, Special Rule No. I. 28. Ownership and Title Upon acceptance of the 61' Sky-Boom/Water Tower and payment by the City pursuant to this Agreement, ownership and title of the 61' Sky-Boom/Water Tower shall pass to the City. 29. Modification This Agreement may only be amended or modified by the mutual written agreement of the parties. All amendments or modifications shall be signed by both parties and be attached to this Agreement. 30. Standard of Performance All work to be performed by Vendor shall be performed in a workman-like manner in accordance with generally accepted professional practices in effect at the time such work is performed. 31. Notices Any notices to be delivered shall be directed to the attention of the following: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: HUGHES FIRE EQUIPMENT: CITY OF KENT: Attn: Attn: Jim Schneider, Fire Chief Hughes Fire Equipment Pat Pawlak, Division Chief Tom Arnson, Vehicle Maint. Supvr City of Kent Fire Department 220 Fourth Avenue South Kent, WA 98032 ' ( ) (telephone) (253) 856-4300 (telephone) ( ) (facsimile) (253) 856-6300 (facsimile) AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM/WATER TOWER Page 11 of 13 March 20, 2009 NOTICES TO BE SENT TO: PIERCE MANUFACTURING: Attn: , Pierce Manufacturing ( ) (telephone) ( ) (facsimile) 32. Entire Agreement This Agreement constitutes the entire agreement between the City and Vendor. With the exception of properly executed written modifications, representations, either written or oral, that do not conform to the "modification" section of this Agreement, shall not be considered part of this Agreement. 33. Conflict of Terms The terms of this Agreement, including the Attachments, shall be read ' together. Unless otherwise specified in this Agreement, in the event that any of the terms of the Agreement including the Attachments conflict with each other, the following shall be the order of precedence: (a) The terms of this Document entitled "Agreement Between City of Kent and Pierce Manufacturing For the Purchase of 61' Sky-Boom/Water Tower," shall take precedence over the terms of any other portion of this Agreement. Attachment A entitled "Minimum Specifications for a 61' Sky-Boom/Water Tower," shall take precedence over Attachments B, C, and D. Attachment B entitled "Drawings," shall take precedence over Attachment C entitled "Pierce Manufacturing Specifications for a Tractor - Drawn Tiller with a 100' Aerial," and Attachment D entitled ' Pierce Manufacturing Build Sheet". AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM WATER TOWER Page 12 of 13 March 20, 2009 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year written below. If the dates written below do not coincide, the latest written date shall act as the effective date of this Agreement. HUGHES FIRE EQUIPMENT: CITY OF KENT: By: By: (signature) (signature) Print Name: Dan Hays Print Name: Suzette Cooke Its Sales Representative Its Mayor (title) (title) DATE: DATE: PIERCE MANUFACTURING: APPROVED AS TO FORM: By: By: (signature) (signature) Print Name: Print Name: Arthur "Pat" Fitzpatrick Its Its Deputy City Attorney (title) (title) DATE: DATE: ATTEST: By: (signature) Print Name: Brenda Jacober Its City Clerk (title) DATE: P\Civil\Files\Open Files\0040-2009\SkyBoomContract-CLEAN docx AGREEMENT FOR THE PURCHASE OF A 61'SKY-BOOM/WATER TOWER Page 13 of 13 March 20, 2009 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 contract 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 contract to adhere to. An affirmative response is required on all of the following questions for this contract 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 contract; 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 contract 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 contract 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 contract I. the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this contract, 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 , 20 By: For: Title: Date: CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts 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 9 commitment as an equal opportunity employer. 2. Activelyconsider 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 contract. 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. CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project b the Contractor p ] Y awarded the contract. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contract for the contract 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 contract. Dated this day of , 20 By: For: Title: Date: Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 6K 1. SUBJECT: EMERGENCY MANAGEMENT PERFORMANCE GRANT - ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Accept the Emergency Management Performance Grant from the Washington State Military Department and the Department of Homeland Security in the amount of $90,079, authorize the Mayor to sign all necessary documents, amend the budget, and authorize expenditure of the grant proceeds. The Washington State Military Department, Emergency Management Division, receives grant monies each year from the Department of Homeland Security through the Emergency Management Performance Grant (EMPG). A portion of this grant is earmarked by the State to be passed through to local jurisdictions that have emergency management programs to supplement their local emergency management operating budget in an effort to enhance their emergency management programs. The Statement of Work, which is included in the attached contract, outlines the objectives, goals, and deliverables that were identified when we applied for the grant monies. This contract is subject to final terms and conditions acceptable to the City Attorney. 3. EXHIBITS: Contract with State of Washington Military Department, Emergency Management Division 4. RECOMMENDED BY: Public Safety Committee 7/14/09 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: I Washington State Military Department CONTRACT FACE SHEET 1. Contractor Name and Address: 2. Contract Amount: 3. Contract Number City of Kent Emergency Management 24611 116th Avenue S.E. $90,079 E09-252 Kent,WA 98030-4939 4. Contractor's Contact Person, phone number: 5. Contract Start Date, S. Contract End Date: Jennifer Keizer(253)856-4342 October 1, 2008 May 15,2010 jdkeizer@ci.kent.wa.us 7. MD Program Manager/phone number: 8. State Business License#: 9. UBI#(state revenue): Charma Anderson (263) 612-7064 NA 173-000-002 c.anderson@emd.wa.gov 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: 2009-EP-E9.0010 79313, 79314 NZ 97.042 EMPG 91-6001254 15. Service Districts. 16. Service Area by County(ies): 17. Women/Minority-Owned, State (BY LEG DIST). 31,47 King County Certified?: X NIA ❑ NO (BY CONG DIST): 8, 9 ❑ YES, OMWBE# 18. Contract Classification: 19. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services X Public/Local Gowt X Contract ❑ Grant ❑ Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 20. Contractor Selection Process: 21. Contractor Type(check all that apply) X "To all who apply&qualify' ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Judsdiction X Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑YES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22. BRIEF DESCRIPTION: Provide U.S. Department of Homeland Security(DHS) Emergency Management Performance Grant(EMPG)funds to local jurisdictions and tribes that have emergency management programs to support and enhance their emergency management operating budget In an effort to enhance their emergency management program. 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 Suzette Cooke, Mayor Emergency Management Division For Washington State Military Department APPROVED AS TO FORM: City of Kent Emergency Management Sara J. Finlay (signature on file) 9/1 212 0 0 7 Assistant Attorney General Form 10/27/00 kdb DHS-EMPG-FFY 09 Page 1 of 24 City of Kent Emergency Management E09-252 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. Some flexibility to shift funds between/among budget categories is allowed as follows: Changes to any single budget category in excess of 10% or$100, whichever is greater, will not be reimbursed without the prior written authorization of the Department. Budget categories are as specified or defined in the budget sheet of the contract. ARTICLE Il -- 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 as specified In Attachment A Invoices must be submitted no more frequently than monthly and it is recommended that invoices be submitted at least bi-annually. Final Invoice 1 No later than 45 days (shall not exceed overall contract amount) following the contract end date All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final billing. Technical #/Copies Due Date Bi-Annual Strategy Implementation Report Electronic January 15 &July 15 Performance Report Electronic October 15, 2009 Final Report Electronic No later than 45 days following the contract end date NIMS Compliance Progress Reports Electronic September 30, 2009 All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final reports, invoices and deliverables. The Bi-Annual Strategy Implementation Report will be submitted via DHS's web-based grant reporting tool located at https://www.reportinci.odp.dhs.gov/. The Performance Report and the Final Report will be submitted via the Military Department's web-based grant management, a-GMS, tool located at https://fortress.wa.clov/mil/gms/gms/. 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: Name Jennifer Kelzer Name I Charma Anderson Title Emergency Management Assistant Title EMPG Program Manager E-Mail jdkeizer@ci.kent.wa.us E-Mail c.anderson@emd.wa.gov Phone (253) 866.4342 Phone (253) 512-7064 DHS-EMPG-FFY 09 Page 2 of 24 City of Kent Emergency Management E09-252 ARTICLE IV--ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; A-133, Audits of States, Local Governments, and Non-Profit Organizations; and 44 CFR, FEMA's codified regulations. ARTICLE V--ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the U.S. Department of Homeland Security (DHS) solely for the use of supporting emergency management programs as provided by the Emergency Management Performance Grant (EMPG). The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of the Contractor's request for funding, as approved by the Department. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 2. The Contractor shall provide a match of $90,079 of non-federal origin. Said match may be in the form of goods, services, and in-kind services. 3. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this contract prior to distribution of appropriated federal funds. 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. 4. The Contractor agrees that in order to receive Federal Fiscal Year 2009 (FFY09) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2009 must be met. Applicants will be required to certify as part of their FFY09 EMPG applications that they have met the FFY09 NIMS requirements. The NIMS Integration Center (NIC) web page, http://www.fema.gov/emergencv/nims/index.shtm, is updated regularly with information about the NIMS. The website can also be used as a useful tool to determine the extent to which your jurisdiction is already compliant, as well as identify the NIMS requirements you have not yet met. ARTICLE VI —EQUIPMENT MANAGEMENT: All equipment purchased under this contract, by the Contractor or a Subcontractor, will be recorded and maintained in the Contractor's equipment inventory system. 1. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub- grant agreement, or other means of legal transfer of ownership is in place. 2. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. 3. The Contractor shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Contractor for a period of six 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. DHS-EMPG-FFY 09 Page 3 of 24 City of Kent Emergency Management E09-252 5. The Contractor shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical L 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. 6. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. 7. The Contractor will develop adequate maintenance procedures to keep the property in good condition. 8. If the Contractor is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 9. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the Federal-sponsoring agency for its share. 10. As sub-grantees of federal funds the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this contract. ARTICLE VII —SUBRECIPIENT MONITORING The Department will monitor the activities of the Contractor from award to closeout and for the life of equipment purchased under this contract. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and state audit requirements, federal grant guidance, applicable federal and state financial guides, as well as OMB Circular A-133 and A-122 where applicable. Monitoring activities may include: • review of performance reports; ® monitoring and documenting the completion of contract deliverables; • documentation of phone calls, meetings, a-mails and correspondence; • review of reimbursement requests to insure allowability and consistency with contract budget; • observation and documentation of contract related activities, such as exercises, training, funded events and equipment demonstrations; • on-site visits to review equipment records and inventories, verify source documentation for reimbursement requests and performance reports and verify completion of deliverables. As a sub-grantee of federal funds the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this contract. ARTICLE VIII— ENVIRONMENTAL AND HISTORIC PRESERVATION The contractor shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program. Information about these requirements can be found on pages 35-37 of the EMPG FFY09 Program Guidance located at http://www.fema.govfodf/governmentfgrantlempg/fy09 empg_guidance.pdf or on FEMA's website at http://www.fema.ciov/plan/ehl)/ehp-applicant-help.shtm. i DHS-EMPG-FFY 09 Page 4 of 24 City of Kent Emergency Management E09-252 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 be utilized by the Department. C. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors"mean subcontractor(s) in any tier. d. "Recipient"— a nonfederal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. e. "Pass-Through Entity" means the Washington State Military Department as it is applied to this contract. As found in SAAM 50.30.30 — "A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program." f. "Nonfederal Entity" is defined as a state local government or nonprofit organization (as defined in federal Circular A-133). g. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow-up for a particular grantee by virtue of providing the majority of federal assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. h. "Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations or other assistance. It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals. i. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or"grants" or"agreements". j. "CFDA Number" — The five-digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse. k. "CFR"— Code of Federal Regulations I. "OMB"—Office of Management and Budget M. "RCW"- Revised Code of Washington n "WAC"-Washington Administrative Code. DHS-EMPG-FFY 09 Page 5 of 24 City of Kent Emergency Management E09-252 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 auditing of subrecipient grant activities using federal financial assistance. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars (including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal Register. The Department shall adhere to its Subrecipient Monitoring Policy and the Subrecipient Monitoring Procedures (WMD Policy number 00-025-05.) b. The Contractor shall perform under the terms of the contract and the Department has responsibility for reasonable and necessary monitoring of the Contractor's performance. The Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined as any planned, ongoing, or periodic activity that measures and ensures contractor compliance with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews. Monitoring may include periodic contractor reporting to the Department, Department review of audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate documentation is essential for effective contract monitoring and will include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely on a once-a-year audit. The Contractor agrees to cooperate with all monitoring activities and to comply with reporting requirements. The Department as the Recipient and/or Pass-Through Entity will conduct on-site visits as appropriate and required by contract for "for-profit" subrecipients, since the A-133 Single Audit does not apply to "for-profit"organizations. 3. RECORDS, MONITORING AND AUDIT ACCESS a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities that are pertinent to this contract. b. Access to public records-The Contractor acknowledges that the Department is subject to the Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained by the Department relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection and copying, except as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific information or records. C. The Contractor shall maintain all books, records, documents, data and other evidence relating to this contract and the provision of any materials, supplies, services and/or equipment under this contract herein, including, but not limited to, records of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by personnel duly authorized by the Department, the Washington State Auditor's Office, and federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or audit for six (6) years from the end date of this contract, date of final payment or conclusion of services performed under this contractor, whichever is later. If any litigation, claim or audit is started before the expiration of the six(6) year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the , records. i DHS-EMPG-FFY 09 Page 6 of 24 City of Kent Emergency Management E09-252 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. 4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget(OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $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.goy and then select "Grants Management"followed by"Circulars". Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GARS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. Once the single audit has been completed, the Contractor must send a full copy of the audit to the Department and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building#1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. 5. RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contract in accordance with applicable state and federal laws and/or the provisions of this contract, the Department reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such right of recapture shall exist for a period not to exceed six (6) years following contract termination or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. The Department is required to institute legal proceedings to enforce the recapture provision. 6. COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government, and local laws, regulations, and policies. DHS-EMPG-FFY 09 Page 7 of 24 City of Kent Emergency Management E09-252 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 Contractor's failure to comply with applicable law, regulation or policy. 7. NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. Nondiscrimination laws and policies (such as RCW 49.60, Washington's Law Against Discrimination, and Title VII of the Civil Rights Act). 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. § 12101 et seq. and 28 C.F.R Part 35 and other implementing regulations. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. 9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Contractor is encouraged to utilize firms that are certified by the Washington State Office of Minority and Women's Business Enterprises as minority-owned and/or women-owned in carrying out the purposes of this contract. 10. PUBLICITY The Contractor agrees to submit to the Department all advertising and publicity relating to this contract wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity without the prior written consent of the Department. 11. DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the Department. 12, CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency. If requested by the Department, the Contractor shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. DHS-EMPG-FFY 09 Page 8 of 24 City of Kent Emergency Management E09-252 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.epls.aov. 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. DHS-EMPG-FFY 09 Page 9 of 24 City of Kent Emergency Management E09-252 i 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 party assumes any responsibility to the other party for the consequences of any act or omission of any third party. 24. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing signed by The Adjutant General or the Authorized Signature for the Department and attached to the original contract. 25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. 26. ATTORNEY`S FEES In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney's fees and costs. 27. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the Department may reduce its scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for Cause", without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the terms of this contract under "Contract Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. DHS-EMPG-FFY 09 Page 10 of 24 City of Kent Emergency Management E09-252 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. DHS-EMPG-FFY 09 Page 11 of 24 City of Kent Emergency Management E09-252 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, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this contract. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Contractor for termination. The Department may withhold from any amounts due the Contractor such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Contractor shall: a. Stop work under the contract on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, supplies, equipment and/or facilities in relation to this contract except as may be necessary for completion of such portion of the work under the contract as is not terminated; C. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the contract had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Department has or may acquire an interest. AAG Approved 9/12/2007 1 DHS-EMPG-FFY 09 Page 12 of 24 City of Kent Emergency Management E09-252 Exhibit B Statement of Work FFY 2009 Emergency Management Performance Grant Program INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD) receives grant funding each year from the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG). A portion of this grant has been identified by the state to be passed through to local jurisdictions and tribes that have emergency management programs to supplement their local/tribal operating budget. Each jurisdiction or tribe that applies and meets the qualifications specified in WAC 118-09 regarding emergency management assistance funds is awarded a grant based on the size of their agency's emergency management operating budget. Funds are used by local jurisdictions and tribes to enhance their emergency management capability. The Statement of Work outlines the activities and deliverables the Contractor has identified to be performed for FFY09 EMPG. The Timeline outlines the schedule that the Contractor agrees to in order to fulfill the grant deliverables during the contract performance period. The Budget Sheet outlines the Contractor's emergency management operating budget(excluding federal funds)that is dedicated to emergency management activities. GENERAL PROGRAM REQUIREMENTS: 1. Prepare and submit a Bi-Annual Strategy Implementation Report (BSIR), via the web-based grant reporting tool (hops:l/www.reporting.odp.dhs.g_ov). Failure to meet all of the reporting deadlines outlined in the Milestone and Timeline Schedule will prohibit the Contractor from being reimbursed while reports are outstanding. 2. Report progress on deliverables and advise the Military Department, in writing, of necessary adjustments to the content of the contract. Performance reports will be submitted using the on-line electronic Grant Management System (e-GMS) located at hops://fortress.wa.gov/mil/elms/gms/. 3. Adhere to all financial and procurement guidance, including competitive processes and other procurement requirements, to include: Office of Management and Budget(OMB) Circulars, A-87 (Cost Principles for State, local and Indian Tribal Governments) and A-133 (Audits of States, Local Governments, and Non-Profit Organizations) and Federal Emergency Management Agency's codified regulations, 44 CFR. Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. • Adhere to DHS requirements that all sole source contracts over $100,000 be reviewed and approved by the Department prior to execution of a contract. This requirement must be passed on to ail of the Contractor's sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors' sole source justifications. • Adhere to DHS requirements that all contracts with individual consultants,that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed. This requirement must be passed on to all of the Contractor's sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors' contract. 4. Plan and implement equipment purchases, exercises, training, planning and management/ administration in accordance with the FFY09 Emergency Management Performance Grant Program Guidance, which can be found at http:llwww.fema.gov/pdf/governmentlgrantlempg/fyO9 empg_quidance.odf, as well as all subsequent policy changes. 5. Ensure that all sub-contractors are in compliance with the FFY09 Emergency Management Performance Grant Program Guidance through monitoring of expenditures and periodic reviews of activities. 6. If purchasing equipment using EMPG funds, the Contractor must meet the following requirements: a. Be in compliance with the DHS Authorized Equipment List (AEL), as detailed at: hftp:llwwwl.rkb.mipt.org/. 1 DHS-EMPG-FFY 09 Page 13 of 24 City of Kent Emergency Management E09-252 b. Submit all proposed equipment purchases to the Committee on Homeland Security, sub- committee on equipment to ensure that the requested equipment is on the AEL, is aligned with the statewide equipment purchasing strategy, and submit to DHS if necessary. No reimbursement for purchased equipment will occur until the appropriate approvals have been obtained. C. 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. d. Make a request to the Department in writing that authorizes the Department to de-obligate funding from the Contractor's contract and use the state's procurement process and contracts to JB 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. 7. Exercises that are implemented with grant funds must meet the requirements of the FFY09 Emergency Management Performance Grant. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department within 60 days of completion of the exercise. Final reimbursement for related expenditures can not be made until this requirement has been met. 8. A mechanism must be in place to capture, track and document time for staff in other agencies working on emergency management related activities. 9. No more than 3% of the total grant award may be used on Management and Administrative expenditures. 10. Submit at maximum monthly requests for reimbursement to the Department for costs incurred using the online a-GMS located at https:/Ifortress.wa.gov/mil/gms/gms/. 11. No costs will be paid in advance of their being incurred by the Contractor. 12. No equipment or supply costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 13. No travel or subsistence costs, including lodging and meals, reimbursed with EMPG funds may exceed federal maximum rates which can be found at http://www.gsa.gov. 14. Expend a minimum 15% of contract award on planning activities. CONTRACTOR TASKS: 1. Perform activities described in the attached Scope of Work(Attachment A). 2. Manage and administer the FFY09 Emergency Management Performance Grant Program. 3. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks. 4. Complete all work under the contract by the contract end date, to include receipt of approved equipment items and supplies. 5. Each request for reimbursement will be accompanied by a reimbursement spreadsheet and a match documentation spreadsheet detailing the expenditures to be reimbursed as well as the expenses to be considered the match for those funds. 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 Racking slip or a statement signed and dated by the Contractor's authorized representative that "all items invoiced have been received, are operational, and have been inventoried according to contract and local procurement requirements." THE MILITARY DEPARTMENT AGREES TO: 1. Provide technical assistance, expertise, and state coordination with DHS where necessary. 2. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement and all documentation of expenditures as required. DHS-EMPG-FFY 09 Page 14 of 24 City of Kent Emergency Management E09-252 MILESTONE TIMELINE FFY09 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2008 Start of contract performance period May 2009 Contract Execution September 30, 2009 Submit NIMS compliance report October 15, 2009 Submission of Performance Report to a-GMS January 15, 2010 Submission of Bi-annual Strategy Implementation Report(BSIR) to GRT for FFY09 EMPG May 15, 2010 End of grant performance period No later than June 30, 2010 Submit all final reports, requests for reimbursement and/or deliverables July 15, 2010 Submission of final Bi-annual Strategy Implementation Report (BSIR) to GRT for FFY09 EMPG DHS-EMPG-FFY 09 Page 15 of 24 City of Kent Emergency Management E09-252 1 Exhibit C Budget Sheet FFY09 Emergency Management Performance Grant Program LOCAL/TRIBAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY j Contract expenditures shall be documented according to the following categories when appropriate: Category 2009 Local Funds Budget* Salaries and Benefits $353,006 In-Direct Costs $0 Travel $210 j Equipment $344 Supplies $5,072 i Telephones $4,673 Printing $0 .Janitorial/Maintenance $0 Auto Lease $21,326 Space Rental $0 Insurance $178 Subcontractor $2,471 Other $56,456 Total All Program Casts $443,736.00 i FFY 09 EMPG Award- $13,612 Planning FFY 09 EMPG Award- $76,667 Other The Kent (City of) Emergency Management award is $90,079. This is based on the FFY09 allocation factor of 20.3% of approved local/tribal emergency management operating budgets. This award will not be used to supplant the existing local/tribal funds identified above. The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted in a-GMS. In addition, the Contractor agrees to make all records available to Military Department staff, upon request. A total of 3% of this award can be used to pay for management and administration of this contract. No federal funds are included in the local emergency management operating budget. Funding Source: U.S. Department of Homeland Security- PI#79313, 79314—EMPG DHS-EMPG-FFY 09 Page 16 of 24 City of Kent Emergency Management E09-252 Attachment A Scope of Work FFY09 Emergency Management Performance Grant Program Communications and Warning Activities and deliverables within the communications and warning functional area require the ability to communicate in a disaster and effectively warn the public. This is the primary area where standards of communications interoperability and redundancy are addressed. Required Activities Deliverable Performance Measures Deadline 1. Participate in all scheduled National Warning a. Ensure jurisdiction is Jurisdiction will be better Ongoing System (NAWAS)tests and exercises,whether incorporated into the fan prepared to activate NAWAS a Primary NAWAS Warning Point, a Secondary out. in an emergency. Success Warning Point, or a Tertiary Warning Point.This will be measured through the is the on-going test of the statewide warning fan- b. Participate in scheduled number of successful out as outlined in the State CEMP and warning tests. NAWAS tests completed. annex.All emergency management jurisdictions must be a part of this fan-out. 2. Work with EMD to ensure Comprehensive Communicate regularly Jurisdiction will be better Ongoing Emergency Management Network(CEMNET) with EMD to retain prepared to use CEMNET In capability is maintained and participate in CEMNET capability and an emergency. Success will scheduled testing between the local Emergency participate in testing as be measured by the number Operations Center(EOC)or similar facility and scheduled. of scheduled tests the the state EOC. jurisdiction participates in. 3. Develop and/or update local plans and Update local plans and Jurisdiction will be better Ongoing equipment for use of amateur radio(HAM equipment as necessary. prepared to utilize RACES bands)through the Radio Amateur Civil volunteers, particularly if Emergency Service (RACES) program and as other communication per the state RACES plan. capabilities are inoperable, in an emergency. 4. Where possible, work with the Local Area Developlupdate an EAS Updated plans will result in Ongoing Emergency Alert System (EAS) Committee Plan as needed. an improved capability to (LAECC)to complete an EAS plan and the utilize the EAS In an Local Relay Network(LRN) per existing emergency. guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff. 5. Participate in all scheduled EAS tests Participate as scheduled. Jurisdiction will be better Ongoing commensurate with your EAS plan and prepared to activate EAS in operational status of your LRN. an emergency. Success will be measured by the number ,of scheduled tests the jurisdiction participates in. 6. Notify the state EOC immediately upon Submit a daily Situation Coordination between the As activation of your local EOC. Provide periodic(at Report(SITREP)to the state and the local EOC will required least once per day)Situation Reports(SITREPs) state EOC during improve response due to an activation. capabilities in an event. activation. Additional Activities Deliverable Performance Measures Deadline 7. Conduct a monthly Citywide radio drill on the a. Monthly tracking log of Improve communication Monthly Kent Citywide Radio System 800 MHz radios participants. capabilities by providing between the ECC and all designated b. End of year scorecard opportunities for city staff to Department Operating Centers. showing percentage of use radios. Test operations participation and award for of citywide radios. first and second place "Communicators of the Year"with the highest percentage totals. DHS-EMPG-FFY 09 Page 17 of 24 City of Kent Emergency Management E09-252 9. Participate in King County Zone 3 monthly a. Test radio operations Test communications across Monthly 800 MHz radio test. The test is for all public and across jurisdictional and jurisdictional and agency private agencies in the geographic area of South agency boundaries. boundaries. Provide King County known as Zone 3 to test. b. Monthly Net Control to incentive for non be rotated on a quarterly participatory agencies to join basis amongst Zone 3 and increase communication agencies. capabilities. c. Monthly log is kept and will be summarized and presented to the Zone 3 Emergency Management Director at the first meeting in 2009. 10. Participate in King County 800 MHz radio a. Participate at least Weekly or Monthly as Monthly test, monthly. appropriate. 11. Review&Work interdepartmentally to a. Recommendations for Provide enhanced 4 tn enhance telecommunication capabilities equipment specifications, communication capabilities Quarter regarding the need for teleconferencing cost, purchase, and install internally for citywide 2009 between the ECC Policy Group, Situational if determined necessary. support functions and Briefings using Web EX, Zone 3 resource externally with regional management decision making process, and partners. Intergovernmental communications. 12.Establish community emergency alert and a. Identify the best Enhance public alert and Dec. 09 notification systems for capabilities, ease of use, solution for equipment notification capabilities in and capacity to alert or notify residents to warn purchase and installation order to effect life and or take emergency actions as the result of a of an emergency alerting property safety. major emergency or disaster. system. (telephone call Out Crisis Communication, Public Education and Information Activities and deliverables within the crisis communication, public education and information functional area should ! address procedures for disseminating information to the public pre-, during, and post-disaster. Required Activities Deliverable Performance Measures Deadline 1. Conduct a public disaster education program a. Preparedness Citizens of Washington will 3/31/2010 for the inhabitants of your community. presentations and be better able to care for distribution of themselves,family preparedness materials to members, neighbors, etc. schools,civic groups, and will improve their ability business organizations, to stay safe during an nursing care facilities, emergency. Success can be child care facilities, measured through the governmental agencies, number of presentations hospitals,the general provided or participation in public, etc. the Washington State and/or campaign. b. Participate in the State's Disaster Preparedness Campaign. Additional Activities Deliverable Performance Measures Deadline 2. Conduct a minimum of 2 C.E.R.T. a. Improve employee, Can be measured by the Fall 2009 academies. To teach the full 8 week long FEMA business, and citizen number of participants course using the approved curriculum. capabilities to personally attending the 2 classes. Accommodate students from the general prepare and support their Target of 25 students per citizenry in Kent and Fire District 37, the community and first class for a total of 50 new business community in the greater Kent area, responders during times of CERT trained individuals in and employees from Kent and Covington. If emergency and disasters. 2009. there is room outside agencies may also attend. I DHS-EMPG-FFY 09 Page 18 of 24 City of Kent Emergency Management E09-252 3. Utilize the city web page as a resource for a. Informational and Improved informational and Ongoing outreach and information to the local, regional, educational material will educational material on the 4 and business communities. be available from the city phases of emergency website to citizens, management. businesses, and regional partners. 4. Set up and Staff visual public display booths a. Interaction with the Handout material promoting July 2009 for large citywide events including Cornucopia citizens, promotion of public interaction, Days and Covington Days and hand out training personal and family involvement,and improve flyers and preparedness information. safety. public awareness. b. Promotion of the CERT program and other preparedness classes and 0 ortunities. 5. Participate in National Night Out by a. Take the CERT trailer Inform, promote, and August promoting Kent Citizen Corps programs to the out to community's Improved community 2009. community. participating in NNO and involvement in the Kent promote community Citizen Corps programs. involvement. Enhanced community safety and awareness. 6. Continuing Education for Past CERT a. Improve and Refresh Can be measured by the Ongoing Graduates. skills of CERT graduates. number of participants Keeping their skills current attending the classes. would improve their ability Target—4 classes per year, to respond to support their 25 students per class. community&first responders at time of a disaster. 7. Review and update all informational a. Refinement of the Improved educational June 09 handouts provided for community groups, in message given to public material surrounding the 4 open forums, LEPC meetings, business and private agencies. phases of emergency outreach, and personal preparedness. Over the management. years materials can become outdated or in need b. Removal of inaccurate of refreshing to revitalize or repackage the or no longer relevant message in order to maintain relevancy. material for public distribution. Direction. Control and Warning Activities and deliverables within the direction, control, and warning functional area should address the ability to analyze a situation, make decisions for response, direct and coordinate response forces and resources, and coordinate with other jurisdictions. This requires use of a recognized National Incident Management System (NIMS) and compliance with NIMS requirements to remain eligible for all future preparedness funding. Required Activities Deliverable Performance Measures Deadline 1. Be fully compliant with all Federal and State Report NIMS Emergency responders will 9/30/2009 National Incident Management System (NIMS) compliance progress have a uniform set of compliance requirements. Guidance for through the state online processes and procedures compliancy and reporting requirements will be NIMS reporting tool. thus improving all-hazard provided by Toney Raines, State NIMS incident response Coordinator. Please contact Toney at capabilities. nimscoordinator0emd.wa.gov if you have questions. Additional Activities Deliverable Performance Measures Deadline Evaluate current ICS structure and organizational a. Improve Improved systemic use of 2009 model currently employed as to NIMS flexibility coordination, planning internal resources and and coordination of situational awareness and and resource emergency support function resource management. management capability activities. of Kent ECC. DHS-EMPG-FFY 09 Page 19 of 24 City of Kent Emergency Management E09-252 NIMS Compliance Self Certification: YES Note:Failure to meet NIMS compliance requirements will result in the loss of federal preparedness funding. Exercises, Evaluations and Corrective Actions Activities and deliverables within the exercise, evaluation, and corrective actions functional area calls for regularly scheduled exercises, evaluations and corrective actions, including a process for addressing corrective actions. Required Activities Deliverable Performance Deadline Measures 1. Each jurisdiction receiving EMPG funds Submit an After Action Report(AAR) and Through the 60 days must participate in the design, conduct Improvement Plan (IP)to the State exercise process a and evaluation of at least one exercise Exercise Training Officer(ETO)within 60 jurisdiction can during the performance period:full-scale, days of the completion of the exercise. The determine areas of functional or tabletop. The exercise standard format for the AAR and IP can be strength and should fit into the jurisdiction's multi-year found in Volume III of the HSEEP manuals weakness in exercise plan and be consistent with the at response Homeland Security Exercise and https://hseep.dhs.gov/support/Volumelli�df capabilities. Evaluation Program (HSEEP). Development of an AAR and IP allows At least one full-scale and one functional for the exercise must be completed within a five- documentation, year period. These exercises are to be monitoring and multi-agency and multi-functional in follow-up on those design and conduct. issues. Upon submission and The exercise may be accomplished alone approval of the or in conjunction with FEMA, EMD, other AAR, the ETO will public or private entities, or with issue a letter of neighboring jurisdictions. EMPG credit to the jurisdiction. 2. In the event a jurisdiction experiences Submit an After Action Report(AAR) and Development of an 60 days an actual event/activation that adequately Improvement Plan (IP)to the State AAR and IP allows tests overall emergency management Exercise Training Officer(ETO)within 60 for documentation capabilities, exercise credit may be days of the end of the activation. The and follow-up on requested within 60 days. standard format for the AAR and IP can be issues identified found in Volume III HSEEP manuals at during an httos:/Ihseep.dhs.gov/supportNolumelll.pdf activation. Upon submission and approval of the AAR,the ETO will Issue a letter of EMPG credit to the jurisdiction. Five Year Exercise Schedule; 2009: Tabletop Exercise 2010. Tabletop Exercise 2011: Functional Exercise 2012: Full-Scale Exercise 2013: Tabletop Exercise DHS-EMPG-FFY 09 Page 20 of 24 City of Kent Emergency Management E09-252 Mutual Aid Activities and deliverables within the mutual aid functional area should address the development and maintenance of mutual aid agreements. Required Activities Deliverable Performance Measures Deadline 1. Review mutual aid agreements, following the Update mutual aid Up-to-date mutual aid guidance set forth in the state Emergency agreements as deemed agreements enable 1/31/2010 Management Division's Mutual Aid and Inter- necessary by the expedited partnership and local Agreement Handbook. jurisdiction. support among jurisdictions during an actual emergency. Planning Activities and deliverables within the planning functional area should address the development and general content of the program's emergency operations plan, strategic plan, mitigation plan, recovery plan, evacuation plan, continuity of operations/continuity of government plan, etc. Required Activities Deliverable Performance Measures Deadline 1. Review the Comprehensive Emergency a.Any jurisdiction that has CEMP will address all 4 Quarter Management Plan (CEMP)and supporting not submitted an updated hazards identified in the 2009 Emergency Support Functions(ESFs).The CEMP to the state jurisdiction's Hazard CEMP should be compliant with both the Emergency Management Identification and National Response Framework and the Division within the past four Vulnerability Analysis and National Incident Management System (NIMS). years must do so during thls infrastructure and Improve Requirements for plan development and program year. the jurisdiction's ability to submission are provided in RCW 38.52.070, prepare for, respond to WAG 118.09 and WAG 118.30. b. First time applicants must and recover from an complete a draft of their emergency. Basic Plan portion of the CEMP within the program ear. Additional Activities Deliverable Performance Measures Deadline 2. Continued participation in the King County a. Advise policy makers on Measure meeting Ongoing: Emergency Management Advisory Committee, measures for protecting attendance. god the Region 6 Homeland Security Council and communities and enhancing Tuesday the King county Citizen Corps Council. the region's response to of every Continue implementing the Region 6 Homeland Homeland Security concerns month as Security Strategic Plan and funding distribution and all hazard approaches scheduled. plans. to the four phases of emergency management. To coordinate with county Citizen Corps Councils and continue the development of all program elements. 3. Conduct City Emergency Planning a. City wide coordination of Measure meeting Ongoing: Committee meetings to address all four phases EM functions. attendance. every of emergency management within the city of other Kent. Members are representatives of month as individual departments and the meeting scheduled. activities incorporate training, ECC/DOC Interface, and planning elements. 4. Continue to coordinate COOP plan a. Identification and plan for Enhance the ability to Ongoing. development for all city departments, review the continuity of essential sustain essential city draft plans and assist with standardizations for city services/functions and to functions and services. essential functions and alternate DOC reduce or mitigate social and locations. economic disruptions to the citizens and employees of the city of Kent. DHS-EMPG-FFY 09 Page 21 of 24 City of Kent Emergency Management E09-252 5. Meet with South King County geographic a. Collaboration on common Enhance regional Quarterly Zone 3 Emergency Management Directors. interest issues involving collaboration, planning, emergency management in and communications. Zone 3 and regional Measure meeting coordination with King attendance. County,Zone 1 and Zone 5. S. Conduct and LEPC meeting to meet the a. Collaboration and Meeting Minutes. Annual requirements of EPCRA. information sharing between public and private a encies. 7. Cooperate in a regional planning effort for a. An operational action Meeting Minutes/ 4 Quarter the development of an operational action plan plan, Planning Documents 2009 in response to Howard Hanson Dam issues. Finance and Administration Activities and deliverables within the finance and administration functional area require a financial management framework that complies with applicable government requirements and that allows for expeditious request for, and receipt and distribution of funds. Required Activities Deliverable Performance Deadline Measures 1. Submit reimbursement requests online, ensuring that a. Submit requests EMPG funds As expenditures comply with FEMA's EMPG FFY09 Program for reimbursement enhance local/tribal needed Guidance, all applicable Office of Management and Budget online using a-GMS. emergency with final (OMB) Circulars(A-87,A-102,A-133)as well as FEMA's A Reimbursement management invoice Administrative Requirements In the Code of Federal Spreadsheet showing programs and are due 45 Regulations (CFR)44. how EMPG funds spent in accordance days were spent must with all applicable after the OMB Circulars can be found at: accompany all laws and end of www.whitehouse.gov/OMB/circulars requests for guidelines. the reimbursement. contract CFR 44 can be found at: Expenditures listed http://www.access.gpo.gov/nara/cfr/waisidx 07/44cfrvl 07.html on the The Uniform Administrative Requirements related to Grants can Reimbursement be found in Part 13. Spreadsheet cannot be Items listed In the 2009 Local Funds Budget portion of the Emergency Management Operating Budget In this application. b.Verify in performance reports that the agency has reviewed and agrees to all relevant State and Federal requirements. Program Management Activities and deliverables within the program management functional area should address program structure and , organization so that an agency is capable of coordinating emergency preparedness, mitigation, response and recovery activities across multiple agencies and organizations. DHS-EMPG-FFY 09 Page 22 of 24 City of Kent Emergency Management E09-252 Required Activities Deliverable Performance Measures Deadline 1. Progress reports and BSIRs are a. Progress reports must be Demonstration of the impact a. required twice during the contract submitted online in a-GMS. EMPG funding has on October period. Failure to submit either type of Reports must clearly describe the emergency management 15, 2009 report may result in cancellation of the progress the recipient is making capabilities will be and June contract. towards the deliverables described documented in progress 30, 2010 in this Scope of Work. reports. b. The final report should highlight the January impact EMPG funding has had on 15, 2010 the jurisdiction's capabilities. and July 15, 2010. b.The Bi-annual Strategy Implementation Report(BSIR) must be submitted through the Department of Homeland Security on-line Grant Reporting Tool every July and January. Hazard Identification, Risk Assessment and Impact Analysis Activities and deliverables within the hazard identification, risk assessment, and impact analysis functional area should address a comprehensive assessment and identification of risks, including potential natural and human-caused events, and the potential impact of those hazards. These identification and analysis activities, including current efforts to better identify risks to critical infrastructures, should then feed Into the planning process. Activities Deliverable Performance Measures Deadline 1. Review the requirements for the a. Coordinated activities with Obtain credit points for Ongoing FEMA Community Rating System Public Works to determine existing activities. Including any impact analysis reports activities necessary and and CRS activities. achievable to reduce insurance premiums. 2. Convene a planning group to identify a. Form a planning group& Ensure safety for occupants Ongoing the risk associated with the Kent identify methodology for assessing &coordinate responses Showare Center. risk&vulnerabilities in a multi- based on multiple scenarios. discipline environment. Hazard Mitigation Activities and deliverables within the hazard mitigation functional area require that the program create and implement a strategy to lessen the impacts of disasters. The strategy must take into account results of hazard identification and risk assessments, analysis of impacts of each hazard, and experiences in the jurisdiction, and must prioritize mitigation projects based on loss reduction. Activities Deliverable Performance Measures Deadline 1. Continue to identify non-structural a. Operational resiliency in the Reduction in the loss of non- Ongoing mitigation projects, event of an earthquake. structural property in the event of an earthquake. Laws and Authorities Activities and deliverables within the laws and authorities functional area should address the legal underpinnings necessary to authorize and conduct an emergency management program. Activities Deliverable Performance Measures Deadline 1. Review the omnibus agreement of the regional a. Identify any changes Reviewed plan May 2009 disaster plan for King County. or amendments. DHS-EMPG-FFY 09 Page 23 of 24 City of Kent Emergency Management E09-252 Logistics and Facilities Activities and deliverables within the logistics and facilities functional area should address facilities and a logistical i framework capable of supporting response and recovery operations. This includes the requirement for emergency operations primary and alternate facilities that are established, equipped, periodically tested, and maintained. Activities Deliverable Performance Measures Deadline 1. Conduct monthly ECC in service days to test a. All systems such as Monthly test log. Monthly systems on a rotating basis. electronic, displays, forms, and other material required for activation are checked and tested. 2. Update and enhance display functions to a. Improved reliable Enhanced operations and March ensure they are visible, readable and multi visual Information reduction in paper product. 2010 functional for the needs of the ECC. systems for situational awareness and other activation activities. Operations and Procedures Activities and deliverables within the operations and procedures functional area should address standard operating procedures, checklists, and other instructions to execute the emergency operations plan and other plans. Procedures should relate to hazards previously identified by the jurisdiction. Activities Deliverable Performance Measures Deadline 1. Update ECC facility layout to determine a. Updated ECC Updated Manual 3` efficiency of operations in lieu of any organizational Operations Manual Quarter changes. 2009 2. Review activation procedures for EMD staff to a. Updated checklist Updated Checklist 2" ensure appropriate compliance and verify with accurate contact Quarter accuracy, information, procedural 2009 checklists, and forms. Resource Management Activities and del€verables within the resource management functional area involve methodologies for prompt and effective identification, acquisition, distribution, tracking and use of personnel and equipment needed for emergency functions. Activities Deliverable Performance Measures Deadline 1. Participate in the countywide regional resource a. Regional approach Produce a draft plan for Ongoing management concept including review of pilot to resource resource management. software. management. Training Activities and deliverables within the training functional area require that the program maintain a documented training program for emergency managementiresponse personnel and public officials, including that emergency personnel receive training on the incident management system of the jurisdiction. Activities Deliverable Performance Measures Deadline 1. Research and send staff to available training a. A well educated and Course credits and Ongoing activities, conferences, or professional versed E.M. staff. participatory. development courses or meetings to enhance personnel professionalism In emergency management. 1. Facilitate emergency response guide training to a. A review of the new Class Roster 1S City Department Personnel. ERG guidebooks for Quarter field personnel. 2009 DNS-EMPG-FFY 09 Page 24 of 24 City of Kent Emergency Management E09-252 Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 6L 1. SUBJECT: AON DEFERRED COMPENSATION CONSULTING CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Aon Deferred Compensation Consulting Contract in an amount not to exceed $30,000, subject to finals terms and conditions acceptable to the City Attorney. The City is recommending an ongoing services contract with Aon, Inc. (Aon) to provide fiduciary review and oversight of employee-owned deferred compensa- tion investment accounts. Through this contract, Aon assumes co-fiduciary responsibility with the City and agrees to monitor and analyze the performance of plan investment options. 3. EXHIBITS: Memo dated 7/7/09 and Aon Administrative Services Agreement l� 4. RECOMMENDED BY: Operations Committee 7/7/09 (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 KENT W A S H I N G T O N EMPLOYEE SERVICES BENEFITS DIVISION Ray Luevanos HR Analyst 400 West Gowe Kent, WA 98032 Fax: 253 856-6270 OFFICE: 253 856-5298 W July 7, 2009 += TO: Operations Committee �} FROM: Ray Luevanos, Senior Human Resources Analyst THRU: Sue Viseth, Employee Services Director SUBJECT: Aon Deferred Compensation Contract Motion: I move to approve the Aon Investment Consulting Services Contract for review of 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 July 14, 2009 meeting. SUMMARY: The city is recommending an ongoing services contract with Aon, Inc. (Aon) to provide fiduciary review and oversight of employee-owned deferred compensation investment accounts. Through this contract, Aon assumes co-fiduciary responsibility with the City and agrees to monitor and analyze the performance of plan investment options. BUDGET IMPACT:$30,000. (Administrative Services Contract) BACKGROUND: Approximately 579 active employees are participating in the city's 457 deferred contribution plans with approximately $34 million in assets. Reduced administrative fees, best of class investment options, and improved service levels have been negotiated by this consultant during the Request for Information conducted earlier this year. Aon has agreed to remain locked at the negotiated rate for a period of three years from the effective date of this contract. City of Kent Employee Services Department Sue Viseth, Director • KEN T W A S H I N G T O N CONSULTANT SERVICES AGREEMENT Between the City of Kent and Aon Consulting, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AON Investment Consulting, Inc organized under the laws of the State of Florida, located and doing business at 1420 Fifth Avenue, Suite 1200 , Seattle WA 98101 (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: • Monitor and analyze the performance of Plan Investment vehicles and report to the City's Deferred Compensation Oversight Committee: AIC shall provide quarterly reports to the Committee, especially noting both under and over-performance of Plan Investment options, and recommend actions appropriate with these results. A comprehensive report shall be provided semi- annually, with a shorter, summary report provided in the other two quarters. • Monitor and analyze the fortunes and activities of Plan investment management firms and report to the Committee: Along with investment performance results, AIC will monitor the fortunes of the firms managing Plan assets, and report on personnel changes, profitability issues, ownership changes, regulatory and legal issues, and other developments that may impact the performance and stability of Plan investment options • Monitor and analyze the quality and breadth of service delivery provided by the Committee's Plan Administration Services vendor: AIC will monitor the performance of the Plan Administration Services Vendor, comparing the service package offered by the Plan's vendor to contract requirements and industry standards. AIC will report results and make recommendations as appropriate • Perform investment manger searches as needed: When directed by the Committee, AIC will conduct searches to replace fund managers that have been determined to no longer meet the criteria of the Plan's Statement of Investment Policy, and work with the Plan's Administrator to implement the new funds AIC shall provide up to two such manager searches per year at no additional cost. Additional manager searches shall be billed at the rate of$5,000 per search • Provide on-going fiduciary training: AIC will provide the Committee with an annual Fiduciary �1 Training Update session, and assist with training new Committee members as needed • Meet with the Committee quarterly: AIC will meet on-site with the Committee quarterly to review investment performance, discuss any investment manager issues, and make recommendations as needed. AIC will also provided Fiduciary training at one of these meetings each year. CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) 5 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. The City understands that Consultant may use certain historical data and assumptions in the construction of prospective investment strategies. This does not imply that Consultant can predict future activity in financial markets, and there is no assurance of a successful investment result from using this methodology. The City acknowledges that Consultant may use certain products or software provided by third party vendors to provide investment consulting services to the City. Consultant shall discharge its duties under this Agreement solely in the interests of the participants in the 457 Plan and their beneficiaries in accordance with the provisions of this Agreement insofar as they are consistent with the provisions of applicable law. The City and its members shall, individually and as a group, discharge their duties with respect to the 457 Plan in compliance with the Plan's governing documents and all laws applicable thereto. It is expressly understood and agreed that Consultant will not provide any accounting or legal advice. Consultant encourages the City to utilize the City's own attorneys and accountants to provide any related accounting or legal advice. Consultant is not responsible in any manner for the City's decision to retain any professional. The City acknowledges that Aon's Form ADV Part II, which SEC Rule 204-3 (17 CFR §275.204-3) describes as a "written disclosure statement," has been received and reviewed prior to the signing of this Agreement, and that it fully understands the contents contained therein. (Please initial.) it. 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 within six months of the contract effective date, unless the City requests or allows for an extension beyond that time-frame. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $30,000 per year, to be paid quarterly, 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 three (3) years from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A(if applicable). B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Services requested by the City and provided by Consultant that are beyond the scope of this Agreement will be negotiated under a separate agreement. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) 6 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: CA. 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 P 9 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. Consultant hereby confirms that it is a registered investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act") and that with respect to the performance of its duties hereunder, Consultant will notify the City of any change in its status as registered investment adviser under the Advisers Act within five (5) days of such change in status. 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. In the event of a termination prior to the end of the term, Consultant shall be entitled to a pro rata fee for work performed through the date of the termination notice, less any amounts withheld, if any, by the City to cover allowances and to cover any remaining disputes between City and 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. CONSULTANT SERVICES AGREEMENT-3 (Over,$10,000) 7 1 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 willful misconduct or negligent performance of this Agreement. 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 warrants and represents that it will provide its 1 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, provided however Consultant shall not be liable for any errors due to inaccurate information. The City recognizes that the value and usefulness of investment advisory consulting services of Consultant will be dependent upon information that the City provides to Consultant and upon the City's stated financial objectives. The City will provide such documents as Consultant may reasonably request in order to allow Consultant to complete an accurate evaluation and/or preparation of recommendations. Consultant may rely on, and act upon the basis of, information provided to Consultant by the City or by any other agent, broker, independent contractor, or other professional that is hired by the City, to the ' extent Consultant does not know that the information provided is incorrect. The City will promptly notify Consultant in writing of any material changes and shall respond promptly to requests by Consultant for information necessary to perform services hereunder. Consultant shall be deemed to be unaware of any changes to information previously provided until new information is actually received by Consultant. To the extent not allowed by law, neither party shall disclose any confidential information to any third party and shall restrict disclosure of the confidential information to those persons involved with performing work for the party receiving the confidential information who have a "need to know", which shall include Consultant's affiliate company utilized for the purpose of preparation of City reports, subject to the obligations herein. 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. CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) 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. 1 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 Parties' 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. Assi nment. 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 CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) 9 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, including the Advisers Act, 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. Authority. Each parry represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each has been properly authorized and empowered , to execute this Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last ' date entered below. AON CONSULTING, INC. CITY OF KENT: ' By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (Tale) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ' CONSULTANT: CITY OF KENT: Ms. Becky Fowler , AON Consulting, Inc. City of Kent 220 Fourth Avenue South Kent, WA 98032 ' (telephone) (253) 856-5290 (telephone) (facsimile) (253) 856-6270 (facsimile) ' APPROVED AS TO FORM: 1 Kent Law Department CONSULTANT SERVICES AGREEMENT-6 ' (Over$10,000) 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. ' The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS- I 1 CITY OF KENT ADMINISTRATIVE POLICY MB R: 1.2 EFFECTIVE DATE: NU January 1 E y , 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 t contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any , given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal , opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. ' Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or , termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works ' Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. ' EEO COMPLIANCE DOCUMENTS -2 , 1 1 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the 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_ i By: For: Title: Date: EEO COMPLIANCE DOCUMENTS- 3 Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 6M 1. SUBJECT: KENT RUSSELL ROAD MAINTENANCE FACILITY ROOF AND WALL IMPROVEMENTS - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the Kent Russell Road Maintenance Facility Roof and Wall Improvements as complete. On June 19, 2007, Council awarded the Public Works Agreement to Mike Werlech Construction to complete the Kent Russell Road Maintenance Facility Roof and Wall 1 Improvements. The project is complete and was approved by the Project Manager on June 30, 2009. 3. EXHIBITS: Letter of Acceptance dated 6/30/09 4. RECOMMENDED BY: Parks and Human Services 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: 1 ACTION: FACILITIES MANAGEMENT Charles Lindsey Superintendent 220 4th Avenue South ® Kent, WA 98032 K E N T Fax: 253-856-6080 11ASNINOTON PHONE: 253-856-5080 June 30, 2009 Mike Werlech Mike Werlech Construction, Inc. PO Box 46579 Seattle, Wa. 98146 RE: City of Kent Russell Road Maintenance Facility Project Dear Mike: I have made a final inspection of the Kent Russell Road Maintenance Facility Project and found that the project is completed to my satisfaction. This letter serves as final acceptance of the public works project effective as of June 30, 2009. The one-year warranty period will remain in effect through June 30, 2010. Please make sure that all necessary State documents have been completed and filed. If you have any questions, please call me at (253)856-5081. Inter Y' / s Charlie Lindsey, Supe ' tendent of Facilities City of Kent Facilities C: Jeff Watling Parks Director 3 Recreation & Community Services Chauntelle Kristek 3 • MAYOR SUZETrE COOKE City of Kent Parks, Recreation &Community Services Jeff Watling, Director � g UW W 0� P<: � 1 OImo Nt� } OONa It O Q N O - Q Z Z T T 0- N Q W � OM� Ciq O~1 U n N O O 00 O O 00 WM tLv00vO N 000 Q+ T N I W LL LL 0 T t0 v v 4M7 Lo � M M d J _ 0 Q Q DI.� O 0M0 Oro v W n " n e OI- O" n' .N- N CD ON O h ~ OQ N N N t0 NC T O Cl) v to 00 O 00 h T ee}} O tD hN � �-- M MONm(M V; OO W t0 N JL �t Mt0 (OM OM00 V W OOi JJ N NO Q N D f� M 0 to d' 00 M It N 0) CO a0 tt (O h c- t, T 00 CO Oct fQ... Q f w O O pQOTN CD NN N O^ .N-.0 OO O O a v O N (n N !7 LO 0 MW 1� OM OO W OT O e} O V y t� N N N t� 0 CO O O O O N O C MM � NO M O (OO O c Ocw O N N M � V 00 'O 00 00 T Cq cl O C T f• (n E Q U , � v (O v uO 00 — a to n o co 00 o a v t OMry OR ggq ()rno to 0 't w to m rn Z TCONC)CM f� 000000 00 00 ZJ N y O OIM0C,4 "- 00 Cl) CDT m 0 0 - N <t V V' o d_ T T N N 0 Q t co •2Q (OO W 00 N 0) W) C � (� Q T T T Q (L 'd . L U O rnN (O0 W u') tn tnotnno 0 00 11J o O tf100oOp O h OOOMgO Lq O00 Ur W 10 J (O N 4M6 ^ Q No 010 0000 0cl Q J N Q CO O W o (O \ Z Cl) O h N CON O Z m o U O cO t` N t0 o NI- N '- N n Q It C Q O co Vrl �Q O0 O Ot)N O� � a Ov ~ 04 v N N coO ILL'J' T LLl C � � O O MNM0 -0 ma000 co O 00 O I--' O Z 0 Y 'U O to 00 (O00 W H- q 0? O? 000 "t O O O U W O O t: U ,� tp (0 th CO C7 Lo J Z 00 00 v M - t- n o N U 0 LL CO M T m T m to 'T tO O r- 0) 0 Cl) W) Z a 0) p O o Mar m � 0LgCLI � T to v v o m N 0 ~ M N N - � m Q M - N 0)N N (O OTO O U r C S `- U m W o m o a v O m j� O V O O O O O 14, O in WO tN(> 4kNW O O NMd O O �V m tp� 1 y Z m N N Q 4CO"1 O M N T a0 O Q Z W U F N W T } m rn O E cOUNn oo rna -t V o o ti (' � Z) Q' Z C O � � CrMNO CO Or 00 Z m Q O E 5 Z T T T N N O F- y O ch M (D UO J m V _ N 0CD tY a 4 O O Z QNNNNN N UN_ N O m U W M � c� M � � �(� 0. u U S o L J UI� 00 � ZN to J U coM P, c U m 0 0 Z Z m lul m Y , O O G T T Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 6N 1. SUBJECT: KENT POLICE FIRING RANGE TARGET SYSTEM IMPROVEMENTS - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the Kent Police Firing Range Target System Improvements as complete. On October 21, 2008, Council awarded the Public Works Agreement to Mancom to complete the Kent Police Firing Range Target System Improvements. The project is complete and was approved by the Project Manager on May 12, 2009. 3. EXHIBITS: Letter of Acceptance dated 5/12/2009 4. RECOMMENDED BY: Parks and Human Services 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: FACILITIES MANAGEMENT Charles Lindsey Superintendent 220 41h Avenue South ' K E N T Kent, WA 98032 WASHINGTON Fax: 253-856-6080 PHONE: 253-856-5080 May 12, 2009 am Rick Burt Mancom Manufacturing Incorporated 1335 Osprey Drive Anancaster, Ontario, Canada LDG 4V5 RE: City of Kent Police Target Range Dear Rick: I have made a final inspection of the Kent Police Firing Range Target System and found that the project is completed to my satisfaction. This letter serves as final acceptance of the public works project effective as of May 12, 2009. Note: Final acceptance could not be granted until removal of L & I correction notice which occurred today May 12, 2009. The one-year warranty period will remain in effect through May 12, 2010. Please make sure that all necessary State documents have been completed and filed. If you have any questions, please call me at (253)856-5082. Sincerely, U�q Mike Hattrup, Project Coordinator City of Kent Facilities C: Jeff Watling Parks Director Recreation & Community Services iChauntelle Kristek 3 ID MAYOR SUZETTE COOKE City of Kent Parks, Recreation&Community Services Jeff Watling, Director Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 60 1. SUBJECT: FEHR & PEERS, INC. TRANSPORTATION MASTER PLAN, PHASE 2 AGREEMENT AMENDMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment One to the Consultant Services Agreement between the City and Fehr & Peers, Inc. in the amount of $116,400 for completion of work on the Transportation Master Plan Phase 2, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Staff and consultants have continued to work on Transportation Impact Fees which are a carry-over of TMP Phase 1 task. These tasks have taken longer than expected and have required more back-and-forth interactions than anticipated which has resulted in the need to extend both the funding and completion date. Some Phase 2 tasks are finished and some are still in progress. The completion date is extended from December 21, 2009 to March 31, 2010. 3. EXHIBITS: Public Works Memorandum dated 6/30/09 and Amendment One 4. RECOMMENDED BY: Public Works (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: 7 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • Phone: 253-856-5500 KEN T Fax: 253-856-6500 W A S M I N G 7 O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 30, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: July 6, 2009 From: Cathy Mooney, Senior Transportation Planner Through: Larry Blanchard, Public Works Director Subject: Amendment No. 1 to Consultant Services Agreement between the City of Kent and Fehr and Peers, Inc. for the Transportation Master Plan Phase 2 Motion: Move to recommend authorization for the Mayor to sign Amendment No. 1 to the Consultant Services Agreement between the City of Kent and Fehr & Peers, Inc. in the amount of $116,400 for completion of work on the Transportation Master Plan Phase 2, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: Under the Transportation Master Plan Phase 2 Scope of Work, staff and consultants have begun working on revising the City's Concurrency Ordinance; prioritized the bicycle system projects which were identified in the TMP; prioritized the sidewalk system projects which were identified in the TMP; prioritized the ADA compliance needs for curb ramp replacements and new installations citywide; have begun developing a process to incorporate the Operations and Maintenance costs into the City's annual funding program; reviewed the street, bicycle, sidewalk and streetlight design standards; begun work on identifying traffic signal system deficiencies and developing strategies to update traffic signal timing at 58 intersections; begun developing a method of performance review as an Annual Transportation Report Card; and worked with the business community on the transportation funding process. Additionally, staff and consultants have continued to work on Transportation Impact Fees which are a carry-over of a TMP Phase 1 task. These tasks have taken longer than expected and have required more back-and-forth iterations than anticipated which has resulted in the need to extend both the funding and completion date. Some Phase 2 tasks are finished and some are still in progress. A detailed accounting can be found in Exhibit A of the Amendment No. 1. The completion date is extended from December 31, 2009 to March 31, 2010. Budget Impact: There will be no unbudgeted fiscal impacts as a result of this Amendment. This will still fall within the adopted budget of the Transportation Master Plan. UIPWCommareeL4cnonPnge1200M0I0708Item doc 9 KENT AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT (between City of Kent and Fehr&Peers,Inc., formerly Mirai Associates,Inc.) THIS AMENDMENT NO, 1 TO CONSULTANT SERVICES AGREEMENT ("Amendment") is made between the CITY OF KENT, a Washington municipal corporation ("City"), and FEHR & PEERS, Inc., a California corporation ("Consultant"), formerly known as Mirai Associates, Inc. I. RECITALS 1.1 City entered into a Consultant Services Agreement ("Agreement") with Mirai Associates, Inc. on May 26, 2008, wherein the City agreed to contract with Mirai Associates, Inc. for its consultation services with respect to Phase 2 of the City's Transportation Master Plan. The term of that Agreement expires December 31, 2009. 1.2 Since executing the Agreement, Mirai Associates, Inc. merged with Fehr& Peers, Inc. The parties desire to amend the Agreement in order to revise the business name of Consultant from Mirai Associates, Inc. to Fehr & Peers, Inc. The term of that Agreement expires December 31, 2009. 1.3 The City and Consultant express their mutual intent and desire to extend the Agreement through March 31, 2010 in accordance with the same provisions set forth in the original Agreement, except as modified within this Amendment. In addition, the parties wish to ratify and affirm any and all acts consistent with the authority of the Agreement and prior to the effective date of this Amendment. II. AMENDMENT NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, City and Consultant agree as follows: 2.1 Business Name of Consultant - Revised. The name of the Consultant performing the services under the Agreement shall be revised from Mirai Associates, Inc. to Fehr & Peers, Inc. The business address and phone number of the Consultant shall remain as that referenced in the Agreement. 2.2 Ratification. All acts consistent with the authority of the Agreement and prior to the effective date of this Amendment are hereby ratified and affirmed, and the terms of the Agreement and this Amendment shall be deemed to have applied. AMENDMENT NO, 1 TO CONSULTANT SERVICES AGREEMENT- 1 (btwn. City of Kent and Fehr&Peers, Inc., formerly Miral Associates,Inc.) 10 2.3 Additional Services to be Performed. Consultant shall perform the following additional services in accordance with the same provisions set forth in the original Agreement: Continue to provide project administration and serve as liaison to City staff during the implementation of the Transportation Master Plan. For a description of these additional services, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. The additional compensation due Consultant for these additional services shall be $116,400.00, which amount includes applicable Washington State sales tax, if any. The revised compensation due Consultant under the Agreement and this Amendment No. 1 is $321,053.00. 2.4 Remaining Provisions. Except as specifically amended by this Amendment, all remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment, which shall become effective on the last date executed below. FEHR & PEERS, Inc.: CITY OF KENT: (formerly, Mira! Associates, Inc.) By: By: Print Name: Print Name: Suzette Cooke Title: Title: Mayor Date: Date APPROVED AS TO FORM: i By: City of Kent Law Department ATTEST: By: Brenda ]acober, City Clerk Fehr&Peers-TMP Ph 2 Amd 1/Mooney AMENDMENT NO, 1 TO CONSULTANT SERVICES AGREEMENT- 2 (btwn. City of Kent and Fehr&Peers,Inc.,formerly Mlrai Associates,Inc.) 11 - _ _ .-�a': -,.- _- - =� ;r' - - - n: a .E�b su ����� ��t �:-.- _ EXHIBIT A Original Budget $204,653 Additional budget needed to comRlete: $10,400 Added total: $321j053 Task 0: Project Management Additional budget needed to complete: $11,000 Justification: We budgeted to be complete by June 2009. However we now anticipate that it will take into the first quarter of next year to complete the scope of work. We have adjusted the completion date to March 31, 2010. Task 1: Concurrency Management Program Additional budget to complete: -$8,900 Justification: We originally budgeted $51,952 for this task. We are well along with our work on this task and estimate that we will complete below budget. We can achieve some budget savings on this task. Task 2: Prioritize Non-motorized Project List Additional budget to complete: $17,900 Justification: Originally budgeted $19,829. It actually cost almost double that. Additional reviews were needed of the prioritization process. We tested various combinations of projects and worked them through with extra reviews by KBAB, incorporated their suggestions and reworked the priorities again. This task also involved additional GIS analysis of new sidewalk needs and sidewalk repair priorities. 12 Task 3: Operations and Maintenance Costs Additional budget to complete: $0 Justification: Task is underway and can be completed within the original budget. Task 4: Street Design Standards Additional budget to complete: $0 Justification: This task was deleted and the funds were reallocated to other tasks. Task 5• Traffic System Management• Additional budget to complete: $44,000 Justification: The number of intersections for signal timing analysis has increased from 40 to 58, including 11 midday locations not originally budgeted for. Costs for traffic counts which are necessary to do signal timing analysis were not included in the original contract. The City was going to get those counts. However, the City has not been able to add the staff necessary to collect traffic counts so that has to be `contracted for' again this year. The level of effort for signal i timing was re-estimated based upon better knowledge of the City's signal system and data availability. The current estimate is $1,325 per intersection for signal timing analysis, which is much less than the $2,500-$3,500 which is typical in the industry for such studies. Task 6: Data Management Additional budget to complete: -$3,600 Justification: This task is underway. This is the project which is identified in the TMP, Chapter 10, Implementation, as the "Annual Mobility Report Card". We are developing a template document to use in this and future years to monitor progress and performance of the City's transportation systems. We should be able to achieve some budget savings on this task. 13 Task 7: Business Funding Process Additional budget to complete: $0 Justification: Task is complete. This budget was used to support Council funding decisions and coordination with the impact fee effort. Task 8: Transportation Impact Fees Additional budget to complete: $56,000 Justification: Task is nearing completion but this task was never included within the original TMP Phase 2 Scope of Work or Budget. At the time of the original contract (Spring 2008) the impact fees were considered to be close to adoption. Since that time considerable effort has been expended in reanalysis of the impact fee rates, meetings with Council and stakeholders, and comparison of impact fee rates with other jurisdictions. Funds were borrowed from other tasks to complete these activities. QCOR ,,. CERTIFICATE OF LIABILITY INSURANCE 4 MIS 12/04/08 PRODUCER LIC #OE67768 1-925-416-7862 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IOA Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ? Hopyard Rd., Suite 240 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton, CA 94588 INSURERS AFFORDING COVERAGE Leslie Pancoast, CIC, RPLU INSURED INSURER A.Travelers indemnity Com an of America Fehr & Peers INSURERB Travelers Indemnity Company of CT 100 Pringle Avenue, Suite 600 INSURER C:Travelers Property Casualty Co. of America 19 Walnut Creek, CA 94596 INSURER Travelers Casualty and Surety Company INSURERE.ACE American Insurance Company COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION' LIMITS A GENERAL LIABILITY 680597BL604 11/01/08 11/01/09 !EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyone fire) $ 1,000,000 CLAIMS MADE f -- I OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER I PRODUCTS-COMP/OP AGG $2,000,000 POLICY M PRO• LOG B AUTOMOBILE LIABILITY BA598OL010 11/01/08 li/01/09 (COMBINED SINGLE LIMIT ANY AUTO I(Ea accident) $1,000,000 i ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY j X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ 1 ANY AUTO I OTHER THAN EA ACC 1$ AUTO ONLY, AGG $ C EXCESS LIABILITY CUP760GY174 11/01/08 11/01/09 EACH OCCURRENCE $ 51000,000 _x1 OCCUR F-ICLAIMS AGGREGATE $5,000,OOD $ REDUCTIBLE $ ETENTION $ $ D WORKERS COMPENSATION AND UB5847Y716 05/01/08 05/01/09 X RSLA IT OTH- EMPLOYERS'LIABILITY E L EACH ACCIDENT $ 1,000,04 £L.DISEASE-EAEMPLOYE $1,000,000 E,L DISEASE-POLICY LIMIT $1,000,000 OTHER E Professional Liability G21663049006 12/06/08 12/06/09 Per Claim s1,000,000 Annual Aggregate s2,000,000 s DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All operations of the Named Insured, including project referenced below, if any. General Liability: See Additional Insured endorsement attached. GENERAL LIABILITY / AUTOMOBILE LIABILITY: CITY OF KENT Professional services: CITY OF KENT TRANSPORTATION MASTER PLAN - PHASE 2 CERTIFICATE HOLDER ADDITIONAL INSURED,INSURER LETTER: CANCELLATION* 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO Cl- �F KENT DATE THEREOF,THE ISSUING INSURER WILL I*NVWY4MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,B(RC.I�SN MEXIN MS. LATHY MOONEY 220 FOURTH AVENUE SOUTH ffi N� M � ffiX�4741470 X6C4S7Ft£ CCtX:M=, X�g`�lvig)tXXXXXXXXXXXXXXXXXXXXxxxxxxxxxxXXXXXxxxxXXXX KENT, WA 98032 AUTHORIZED REPRESENTATIVE USA /�.C-+sG4�' d- �/�--- ACORD 25-S(7/97) acamp Cd ACORD CORPORATION 198 10473984 Client#: 13635 FEHRPE S DAIE�UIMlDDNY) ��R CERTIFICATE F LIABILITY INSURANCE 04/30/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ealey,Renton&Associates JED ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE �.Box 12675REA: HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. .land,CA 94604-2675 510 465-3090 MAC' Q 4 2009 INSURERS AFFORDING COVERAGE Ain SURED CINSURER A: Hartford Underwriters Insurance Co Fehr&Peers ��`�� OF SURER B: 100 Pringle Ave,Suite ENGINEERING ®E SURER C: Walnut Creek, CA 94596 ® INSURER D: INSURER E• COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR TYPE OF INSURANCE POLICY NUMBER POLICY ATE EFF DECT DATE MM/DIVE POLICY EXPIRATION MMI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIAB ILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE F-IOCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS-COMP/OPAGG $ POLICY j RO LOC AUTOMOBILE LIABILITY COM8INED SINGLE LIMIT ANY AUTO (Es acddent) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (ae'p ) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Peraoddent) $ PROPERTY DAMAGE $ (Pet eoddent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTISI E $ RETENTION $ $ WORKERS COMPENSATION AND 57WEK06130 05/01/09 05/01/10 X WCSTATN I ER OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYEE $1,000,000 E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER ESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS E:ALL OPERATIONS OF THE NAMED INSURED.Professional services:CITY OF KENT TRANSPORTATION MASTER PLAN-PHASE 2 ERTIFICATE HOLDER ADD ITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANYOFTH E ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION CITY OF KENT DATE THEREOF, THE ISSUING INSURER WILL X RMVA%MMAIL.10 _DAYSWRITTEN 220 FOURTH AVENUE SOUTH NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT.BX3WeW=Jd'iPJPJ=76XN)tXX KENT,WA 98032 Xarx AUTHORIZED REPRESENTATIVE CORD 25S(7/97)1 of 1 #M252215 JLN o ACORD CORPORATION 1988 POLICY NUMBER: 680597SL604 COMMERCIAL GENERAL LIABILITY 16 DATE ISSUED: 12/04/08 NAMED INSURED: Fehr & Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED B. The following is added to Paragraph a. of 4. Other (Section II): Insurance in COMMERCIAL GENERAL LIABILITY Any person or organization that you agree in a "contract CONDITIONS(Section IV): or agreement requiring insurance" to include as an However, if you specifically agree in a "contract or additional insured on this Coverage Part, but only with agreement requiring insurance" that the insurance respect to liability for "bodily Injury", "property damage' provided to an additional insured under this Coverage Part or "personal injury" caused, in whole or in part, by your must apply on a primary basis, or a primary and non- acts or omissions or the acts or omissions of those contributory basis, this insurance is primary to other acting on your behalf: insurance that is available to such additional insured a. In the performance of your ongoing operations; which covers such additional insured as a named insured, b. In connection with premises owned by or rented to and we will not share with the other insurance, provided you; or that: c. In connection with "your work" and included within (1) The"bodily injury"or"property damage"for the"products-completed operations hazard". which coverage is sought occurs; and Such person or organization does not qualify as an (2) The"personal injury"for which coverage is additional insured for "bodily injury", "property damage" sought arises out of an offense committed; or "personal injury" for which that person or organization after you have entered into that "contract or agreement has assumed liability in a contract or agreement. requiring insurance". But this insurance still is excess The insurance provided to the additional insured is over valid and collectible other insurance, whether limited as follows: primary, excess, contingent or on any other basis, that is d. This insurance does not apply on any basis to any available to the insured when the insured is an additional person or organization for which coverage as an insured under any other insurance. additional insured specifically is added by another C. The following is added to Paragraph 8. Transfer Of endorsement to this Coverage Part. Rights Of Recovery Against Others To Us in e. This insurance does not apply to the rendering of or COMMERCIAL GENERAL LIABILITY CONDITIONS failure to render any"professional services". (Section IV): f. The limits of insurance afforded to the additional We waive any rights of recovery we may have against any insured shall be the limits which you agreed in that person or organization because of payments we make for "contract or agreement requiring insurance" to "bodily injury", "property damage" or "personal injury" provide for that additional insured, or the limits arising out of "your work" performed by you, or on your shown in the Declarations for this Coverage Part, behalf, under a "contract or agreement requiring whichever are less. This endorsement does not insurance" with that person or organization. We waive increase the limits of insurance stated in the LIMITS these rights only where you have agreed to do so as part OF INSURANCE (Section Ill) for this Coverage of the "contract or agreement requiring insurance" with Part. such person or organization entered into by you before, and in effect when, the "bodily injury" or "property (tip 2007 The Tnivelers Crnnpamcs,Inc. CG 019 1 09 07 Includes copyrighted material of Insurance Services Office,Inc,with ds pci mission Page I of I 17 damage" occurs, or the "personal injury" offense Is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and C. Before the end of the policy period. C'G 1111119 Ors Includes mpyrighted maucc cal or Insurance Services Office.Inc.with its penrnssion Page 2 or2 C'oppight,Insurance Services C)Ilice,Inc..1988 Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 6P 1. SUBJECT: KING COUNTY INTERLOCAL AGREEMENT FOR TRANSFER OF MULTIPLE COUNTY-OWNED PARCELS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Interlocal Agreement between King County and the City relating to the transfer of multiple County-owned drainage parcels and easement rights to the City of Kent. King County will transfer to the City all drainage facilities and drainage property interests in exhibits A and B. These properties being transferred will be managed under the City's surface water management program. 3. EXHIBITS: Public Works Memorandum dated 7/6/09, Interlocal Agreement, Drainage Property Interests for Transfer to Kent, and map 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 19 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 T Fax: 253-856-6500 KEN WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 6, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: July 6, 2009 From: Through: Larry Blanchard, Public Works Director Subject: Interlocal Agreement between King County and the City of Kent relating to the transfer of multiple 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 multiple County owned drainage parcels and easement rights to the City of Kent. Summary: King County will transfer to the City all drainage facilities and drainage property interests in exhibits A and B of the Interlocal agreement attached hereto. These ownerships are within the municipal boundaries of the City but were not transferred through past annexations. The properties being transferred will be managed under the City's surface water management program. Budget Impact: There will be no unbudgeted fiscal impact as a result of this agreement. U I PWCAcnnnPage12 0 0 910 70 60 9Unlerlrcnl Ag-1 KC FG—el Aor INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR THE TRANSFER OF DRAINAGE FACILITIES AND PROPERTY INTERESTS This Agreement is hereby entered into between the City of Kent ("City") and King County (collectively known as the Parties"); to transfer from King County to the City ownership of and responsibility for drainage facilities and drainage property interests ("Agreement"). WHEREAS the Cityhas an established program of services address the p g c to management of storm and surface water runoff, and WHEREAS, the City has annexed areas containing drainage systems, including facilities and property interests, previously owned and operated by the County but now serving areas incorporated into the City, and WHEREAS, The City and the County believe that it is in the best interest of the public that King County transfer to the City ownership of and/or responsibility for drainage facilities and drainage property interests within the municipal boundaries of the City to be managed under the City's surface water management program; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the Parties are each authorized to enter into an agreement for cooperative action; NOW THEREFORE, the Parties agree as follows: 1 I. Purpose of the Agreement The purpose of this Agreement is to set forth the process by which King County will transfer to the City, in perpetuity, ownership of and/or responsibility for specific drainage facilities and drainage property interests located within the City limits. II. Administration A. The City and King County shall each appoint a representative to manage activities and to resolve any conflicts that arise under this agreement. ("Administrators"). The Administrators shall meet as needed to fulfill their duties. Either Administrator is authorized to convene a meeting with a minimum of ten (10) calendar days written notice to the other. B. Any management issue or conflict that is not resolved by the Administrators within ten (10) working days of the meeting held to discuss the same shall be referred for resolution to the City's Public Works Development Manager, or his/her designee, and the King County Water and Land Resources (WLR) Division Director, or his/her designee. If the issue or conflict cannot be resolved by the Development Manager and the WLR Division Director, it shall be resolved by the City's Public Works Director, or his/her designee, and the Director of the King County Department of Natural Resources and Parks (DNRP) within forty-five (45) working days. III. Responsibilities of the Parties A. King County Responsibilities 1. On the effective date of this Agreement, the drainage facilities identified and listed in Exhibit One, attached and incorporated to this Agreement, are transferred to the City, and the City shall assume full and complete responsibility for the operation, maintenance, repair, and any subsequent improvements to 2 these drainage facilities and all liability arising from such responsibilities. Responsibilities include all financial responsibilities, including but not limited to financial responsibility for materials, construction, personnel, payroll, and purchasing costs. The Parties acknowledge that prior to the execution of this Agreement the City had assumed operation and maintenance responsibility for the facilities listed on Exhibit One; such responsibility was assumed on the date of annexation of the land on or in which the facility is located or on the date of acceptance of the facility for maintenance and operation following upon construction completion, as applicable to each facility. 2. As soon as is practicable after the Parties have executed this Agreement, King County will convey to the City by quit claim deed in substantially the same form as Exhibit Two, attached and incorporated to this Agreement, the drainage facility property interests identified in Exhibit Three, attached hereto and incorporated herein and made a part hereof, subject to all rights, conditions, covenants, obligations, limitations and reservations of record for such property interests. The City agrees to accept the quit claim deeds and to abide by and enforce all existing rights, conditions, covenants, obligations, limitations and reservations for the drainage facility property interests. 3 3. To the extent known and available to King County, King County has furnished the City with a list of any and all contracts or other agreements, rights, obligations, restrictions, or dedications related to operations, conditions, ownership, or use j of the conveyed property interests. King County has also provided the City a copy of each such contract, agreement, right, obligation, or restriction to the extent known and available to King County. 4. Within 180 days of the effective date of this Agreement, King County shall provide the City, copies of all warranties, maps, titles, "as builts," maintenance logs and records, maintenance and performance standards, and any and all other records related to the facilities and property interests listed in Exhibits One and Exhibit Three, to the extent known and available to King County. 5. In the event legal action is brought or threatened against the City or the City and King County jointly with regard to the facilities or property interests listed in Exhibits One and Exhibit Three, King County shall provide the City access to all relevant information that is maintained by the County in connection with such facilities and property interests. B. City Responsibilities 1. On the effective date of this Agreement, the City shall assume full and complete ownership of and responsibility for the operation, maintenance, repairs, and any subsequent improvements to the drainage facilities listed in Exhibit One, and all liability arising from such ownership and responsibilities. Responsibilities include all financial responsibilities, including but not limited to financial responsibility for materials, construction, personnel, payroll, and purchasing costs. 2. The City agrees to operate and maintain the drainage facilities listed in Exhibit One as designed, and, at a minimum, to the 1 4 same maintenance standards as those set forth by King County in the adopted King County Surface Water Design Manual or the City's adopted surface water design manual to ensure that the local and watershed-wide effects of said facilities shall not be diminished from the level existing on the effective date of the Agreement. 3. Upon delivery of the quit claim deed(s) to the City, as provided for in III.A.2. of this Agreement, the City shall accept the full rights and responsibilities of ownership of the drainage property interests conveyed in such deed. 4. The City shall abide by and enforce all terms, conditions, reservations, restrictions, and covenants to title conveyed in the drainage property interests. 5. In the event that legal action is brought or threatened against King County or King County and the City jointly with regard to the facilities or property interests listed in Exhibits One and Exhibit Three, the City shall provide King County access to all relevant information that is maintained by the City in connection with such facilities and property interests. 6. The City accepts the facilities in "as is" condition. The County makes no warranty concerning such facilities other than as set forth in this Agreement. The City assumes full and complete responsibility for all operations, maintenance, repairs, and improvements, as performed by the City, for the drainage facility property interests. C. Both Parties 1. Shall make staff available to identify and review any County- owned property interests or drainage facilities in addition to those listed in Exhibit One and Exhibit Three that are to be conveyed to the City. Additional County-owned drainage facilities and/or drainage property interests shall be transferred to the City pursuant to this Agreement upon the County's 5 approval, including, where required, the adoption of an ordinance authorizing the transfer of King County owned drainage properties. The transfer of responsibility for these drainage property interests and/or facilities shall be memorialized in a written Addendum to this Agreement which includes identification of the specific facilities and the date of transfer. The Addendum shall be signed by the City's Mayor and the WLR Division Director or his/her designee. Such an Addendum, shall not constitute, nor be construed as requiring, an amendment to this Agreement. Copies of any deeds for j drainage property interests that are conveyed to the City pursuant to the terms of this Agreement shall be attached to this Agreement as Addenda, but shall not constitute, nor be construed as requiring, an amendment to this Agreement. 2. The records related to matters covered by this Agreement are subject to inspection, review or audit by King County or the City at the requesting party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. IV. Effectiveness, Termination and Amendment A. This Agreement is effective upon execution by both Parties. B. This Agreement is of indefinite duration and shall continue in existence until terminated by mutual written agreement of the Parties. C. Notwithstanding termination of this Agreement, all facilities and property interests transferred pursuant to this Agreement shall remain the City's, unless the County consents to accept said facilities and property interests in writing, as approved by the King County Council. D. This Agreement may be amended, altered, or clarified only by written agreement of the Parties. E. This Agreement is a complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. The parties recognize that time is of the essence 6 in the performance of the provisions of this Agreement. 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 a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written addenda approval by the Parties and attached to the original Agreement. V. Indemnification and Hold Harmless A. King County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages, which are caused by or result from a negligent action or omission of King County, its officers, agents and employees in performing its obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the City or the City and King County, King County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and King County and their respective elected officials, officers, agents and employees, King County shall satisfy the same. B. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense, and if judgment is entered or damages are awarded against the City, the County or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. 7 C. The City shall indemnify and hold harmless King County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages, which are caused by or result from a negligent act or omission of the City, its officers, agents and employees in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against King County or King County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against King County and its officers, agents and employees or jointly against King County and the City and their respective officers, agents and employees, the City shall satisfy the same. D. In executing this Agreement, the City does not assume liability or responsibility for or in any way release the County from any liability or responsibility which arises in whole or in part from the existence or effect of County ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such County ordinance, rule or regulation is at issue, the County shall defend the same at its sole expense, and if judgment is entered or damages are awarded against the County, the City or both, the County shall satisfy the same, including all chargeable costs and attorney's fees. E. Each Party to this Agreement shall immediately notify the other of any and all claims, actions, losses or damages that arise or are brought against that Party relating to or pertaining to the sites identified in the Agreement Exhibits One and Exhibit Three. F. Each Party agrees that its obligations under this Section V extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each Party, by mutual 8 negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. G. The indemnifications provided for in this Section V hall survive the p s termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the last date signed below. Approved as to form: KING COUNTY: Deputy Prosecuting Attorney King County Executive Date: CITY OF KENT: City Attorney's Office City of Kent Mayor Date: P\Civil\Files\Open Files\0692\Kent drainage transfer ila docx �' 9 1 Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 60 1. SUBJECT: NW HYDRAULIC CONSULTANTS CONTRACT TO ANALYZE RAISING S. 259T" STREET - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a contract with Northwest Hydraulic Consultants, Inc. to perform technical work required to obtain a Conditional Letter of Map Revision for the South 259th Street Raising project in an amount not to exceed $35,004.00, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The proposed contract with Northwest Hydraulic Consultants, Inc. is to create a hydraulic model to assess the effectiveness of the South 259th Street Raising Project. The maps and report from this model are required to obtain a FEMA Conditional Letter of Map Revision (CLOMR). 3. EXHIBITS: Public Works Memorandum dated 6/26/09 and Agreement 4. RECOMMENDED BY: Public Works (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: 77 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KENT Fax: 253-856-6500 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 26, 2009 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: July 6, 2009 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: South 259th Street Raising Contract with Northwest Hydraulic Consultants, Inc. to Prepare a Conditional Letter of Map Revision Motion: Recommend authorizing the Mayor to sign a contract with Northwest Hydraulic Consultants, Inc. to perform technical work required to obtain a Conditional Letter of Map Revision for the South 259th Street Raising project upon concurrence of the language therein by the Public Works Director and City Attorney. Summary: In September 2007, the Federal Emergency Management Agency (FEMA) issued Preliminary Flood Insurance Rate Maps which indicated much of the Kent Valley was mapped in the floodplain. In March 2008, King County, the City of Kent, along with other valley cities filed an appeal to FEMA on the Preliminary Flood Insurance Rate Maps. The appeal maps showed less area in the floodplain compared to FEMA's preliminary maps; however much of the Kent Valley remained in the floodplain. The goal of the South 259th Street Raising Project is to improve flood protection in the valley and remove about one-third of the valley from the proposed FEMA floodplain. The project will raise South 259th Street an average of 4 feet, from 88th Avenue South to 3rd Avenue South. The project also includes setting back the existing levee from 3rd Avenue South to SR 167. By raising South 259th Street and setting back the existing levee, the new road will act as a secondary levee to the existing levee at Horseshoe Bend. The City will also work to obtain certification from FEMA for this new levee. Federal certification will enable this project to remove a large portion of the valley from the floodplain. The proposed contract with Northwest Hydraulic Consultants, Inc. is to create a hydraulic model to assess the effectiveness of the South 259th Street Raising Project. The maps and report from this model are required to obtain a FEMA Conditional Letter of Map Revision (CLOMR). The CLOMR will provide that the protection provided by the S. 259th St. Levee will be sufficient so that, once the project has been completed, a revision to the FEMA Flood Insurance Rate Map can occur to remove those protected areas the Flood Insurance Rate Maps. 79 I's KENT WASMIN6TON CONSULTANT SERVICES AGREEMENT between the City of Kent and l Northwest Hydraulic Consultants Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Hydraulic Consultants Inc. organized under the laws of the State of Washington, located and doing business at 16300 Christensen Road, Suite 350, Seattle, WA 98188-3418, Phone: (206) 241-6000/Fax: (206) 439-2420, Contact: Vaughn Collins (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide hydraulic modeling and technical assistance to prepare a Conditional Letter of Map Revision to FEMA for the S. 259th Street Road Raising Project. 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 December 31, 2009. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Five Thousand, Four Dollars ($35,004.00) 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) 80 B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. 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 Z 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 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) 81 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. The Consultant shall hold harmless and indemnifythe City, Y, Its officers, officials, employees, agents and volunteers from and against losses, liabilities, expenses, and costs, including, without limitation, all legal costs and attorney fees caused by the Consultant's negligence in its performance of professional services under this Agreement. As respects its operations under this Agreement other than the performance of professional services, Consultant shall, to the fullest extent permitted by law, hold harmless, indemnify, and defend the City, its officers, officials, employees, agents and volunteers 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. 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 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 82 j 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 N Y 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 t 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 83 the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Vaughn Collins Larry R. Blanchard Northwest Hydraulic Consultants Inc. City of Kent 16300 Christensen Road, Suite 350 220 Fourth Avenue South Seattle, WA 98188-3418 Kent, WA 98032 (206) 241-6000 (telephone) (253) 856-5500 (telephone) (206) 439-2420 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: ' Kent Law Department NHC•259M/Hallock CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 84 ' DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The Cityof Kent is committed to conform to Federal and State laws regarding equal opportunity. 9 g q As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. , 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor compiled with the requirements as set forth above. 1 By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 200—. By: , For: Title: Date: 1 EEO COMPLIANCE DOCUMENTS - 1 ' CITY OF KENT 85 ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and q p 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 86 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. ' I, the undersigned, a duly represented agent of ' Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the ' (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity ' Policy that was part of the before-mentioned Agreement. Dated this day of , 200 , By: ' For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A 87 Northwest Hydraulic Consultants, Inc. Proposed Scope of Work 259'h St Road Elevation Conditional Letter of Map Revision Submittal-City of Kent 1) Geotechnical/Other consultant coordination: NHC shall participate in the design process with other consultants and City staff to ensure the project meets hydraulic, geotechnical,transportation and environmental constraints. 2) Flo-21)Modeling Runs: NHC shall perform required Flo-21)runs for submittal. The budget includes time for multiple runs to perform an uncertainty analysis should the City wish to request a freeboard standard lower than three feet. If a three foot freeboard levee is designed, little to no additional modeling is anticipated. 3) Technical Report: A report summarizing the work performed and results will be prepared for submittal in support of the CLOMR. 4) Work Maps: Works Maps using the processing techniques and level of editing performed for the current King County appeal will be produced reflecting the changes to the floodplain as a result of the project. 5) CLOMR Submittal Preparation: The portions of the CLOMR submittal,including the MT-2, Riverine Hydrology and Hydraulics and Riverine Structures Forms related to the work performed ' by NHC shall be completed. 6) Post Submittal Technical Support: NHC shall provide written memorandums,backup data,model runs and other information requested during FEMAs review process. 7) Meetings: NHC shall attend meetings as requested to provide support in the CLOMR process. 88 ' nhc -- Northwest Hydraulic Consultants Inc. Estimate of Professional Services 16300 Christensen Road, Suite 350 Prepared for: City of Kent Seattle,WA 98188.3418 Project: S 259th St CLOMR Tel. (206)241.6000 Date: 6/4/09 Fax(206)439.2420 Project#: Prepared By: VC Staff Hours TASK DESCRIPTION Principal Sr.Engineer Engineer Jr.Engineer Tech. Clerical Total Cost , y ,I f +uN i IW '` ,f�,31' r, 1,;,"d;' „J. l sY,� Is1;'r«�{',,,1,, •„!, '1' 1„, '� .I' -,+1, ,i,l ;"''i�,.e S+,„�,!l ,1�{'I'";,,f n�'�n, tl Ip I�,I ¢¢ „I,16'r'u, CAI�7i. , �1' u � '1 ,V ,y'� {, r;• >•'y�a� rn, eie� ,. it,dll' I„Rlt;�y sy;�a,,nr'ul''�l,Ir,u9,�i�l,f{^el„191r,111,1N,Wl,.,lh�lli'x{atllll+l{�rll,l .u{yf'S^w,:�,€Ild,l,� ,Ih+gb11Y',1„ 1„J,I�u l,.�i fr "i�^f11,51�1?I$IM�S;'I,�lIH"�r„ rh �IL� Q, I,�„Ir q' 1 ,,,,1; Task 1.0 Geotechnical/Other coordination 8 $1,294 ' Task 2.0 Flo-21)Modeling Runs 32 $5,177 Task 3.0 Technical Report 8 24 $5,708 Task 4.0 Work Map Generation 4 40 $5,881 ' Task 5.0 CLOMR Submittal Preparation 2 8 $1,751 Task 6.0 Post Submittal Technical Support 16 16 $6,239 Task 7.0 Meetings 16 16 $6,239 General Project Management 2 8 4 $2,040 I ;?qJ Nfl�y Hya dk,31 aid; naki"'f5 ,A?A'q,1„Ydlf�>Ia,t,l 1'Pq';bl„" "IW y,1, iy1Pi4,•11,E i'ad�1 " - ,,, eldl'f{C' ,p"1145s1, r1,1�'fei:';6 `'„'Cd!.11 %,2{;:'i 1,�1411�Y nSws„kt+� II1s "nl.•yll'; � r''S;�'GI"+hS,�, 91�IN�IIf'?'XkUaia3Mx+s�i4? s{"sH$ia IT�$i1nn'ANr;(13 1r :'1 tk t,�?31lL NIoI,F,d'YS:�II it ,N„i79„A�bu�f,-'}x� a;i { >I „f.s,rrvd.�,y1�,n..,,,�^'t,yi'��,$i,i•,1,15�t{L,II'i,i 11W„*1i,"I,l,q•".,,.,,;f,,,.,n,.,nt:E+l" ,^t Total Hours 48 112 40 0 0 4 Rate $228.16 $161.78 $1Z4.21V $104.78 1 $85.581 $72.30 TOTAL LABOR COST $34,329 I'ti 'vlVa'';il Ali§' ,'ill, jilltl' IV:{, 1W;-Y,'f-zi"l;l,"I fi.y,�i+iy'19V'^ !4q'l el0 +a 1!'1°i �^Ifl"'?FP; nrl A+�s''yi?' f�}'Pl,b,IIIJiI'sn+'9'; =91Y1A'l04°9P';"+4"'%ia,vl�v ,y,H,l,Ilha'.idx+l, I,w,15�r�1,1'If'��ii1'�IfilNil7;{,',yy,l"ly�',ej p14W,., }�,,�y}I �1�,sl 5 1'.",6' 1,.,{�I;, D1��wfl!r7ya aN?'J,3+li� �,e'1S .�a'i��,+i d`rl*.h>11+tYsl Hlx><I 31u1 ,� s+Y1'�;1 a,N„i�ii},ial'7a1>P4,L Direct Expense Detail Units Rate Cost , 1� I1]�,1+1iJlN'Ii✓l,l;,yhy,la+�,l lIi,P,I'�'(Y,'i�,,aYllll�„�{IN,VV i1Al 1d511i?rt��'It.l�,�°l�rNy',S�'•]y'1,l'llrlil'icl!,JIrftPin,,l;l�i l?n,a l,aj,l,,"p'trnNdyi!.'�1'{,"�1r{iI,,l".,rlI;Ar;i,",I,+i'aYy'l"�'�I'"A;;I, '1 ly' 'iI I ib11I�+;,i1Sn!fJl``NG 4,"i.I;5 IYfI,,{v;:i x�Hn„'Ikp+i ll';yr1 r',llI1'7n,a,"i,{lr''rt,li'4llnd+,'y1n?A'hi�i,,`%,�I,!,Alj„ii?i,l,l?,nibi11A1I{gh,1p�1iI 1,�1'yti,1,'n,iI''OnI'I vMl,,ln:i lilt�;iJ,n{,•r,,lyd l:a II,>I'I,Y))is;i''i1f lIl§iI'�f7l,i{1f1,.:a1 J:,Jn9n d�?f,rAy r�e,nl,,iH`I;SaMy 9x�1:"IwL;`1',!i1l„.'+'1,,y.f Subconsultants: Mileage 300 0.S85 $176 , Reproduction,Couriers,&Communication $S00 $676 +,s �d #1 i5'llnl,l i99'I;l7i93y j14,1i'pp�I� '?i9'1l`na', a+,l:'I,uYidi,�,,,lgfya,:;l'';'1$a;�r,lr'1'r 'n'r41;y1'k''t',N,7"','„' fir "'oil"°Ili plr•if'i`i�, 'd�;�. � an'"pa�„'t;,hr61a, 'a til,n(I,.;1 I�qqI ygg ,3 b I�.1 gl I' xIN7,Idry�l '1�.1�'d��,lli,dai a,rhi',4 �r:31t,4, I'I1(1a{'a�41"i�,ly�I?}n,1„�;oV,:lS�,1,n{uLl'Ir,l'7,1,rrl+l,l,l4�l,',�'+�;'ilai��k 1 1!�'I�rh+,i{l,n"�,1,3� V�'I,GI'K"y l;s�;tilk;{„L�',wM;�NjI a•,5�1,!'ln��,v ex,f l„�f:..,,l,,l;f,1A';vj';,l{,a„5^ ' Cost Summary Total tabor $34,329 Total Direct Expenses $676 TOTAL COST $35,004 Ri i' "�I1� j i 7 .I f 1 M1nYJ?.I Y I't ja51 n i�?i y�ltl�'{'' ,4{a�i i'k,@'f; ° 11', ii 3""'��I�lt,�ll(Il i{'iir;nill,�lll nlhdj•�,�I 15�',Ilii;x'i�Ni7.isl'I;I+il;a;a i'Ll l Nn<I'1rILw'a1�°�' iti oi�'�i''1 l'iy'°n�,'i;;''+�,'ibi,<i r`�Idl i i3 Ji, `�fl u { P° `I It i�;1 i l J�l`crl l,�'dzt;r�n���'�;�FrS'l Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 6R 1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBER DEBORAH RANNIGER - APPROVE 2. SUMMARY STATEMENT: Approve an excused absence from tonight's meeting for Councilmember Ranniger. 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A ' Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: City Council Debbie Raplee, Council President Phone 253-856-5712 K E N T Fax 253-856-6712 W A S H I N G T O N Address- 220 Fourth Avenue S Kent, WA. 98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Debbie Ranniger, Councilmember DATE: July 14, 2009 SUBJECT: City Council Excused Absence I would like to request an excused absence from the July 21, 2009 City Council meeting. I will be unable to attend. Thank you for your consideration. Debbie Ranniger JP Kent City Council Meeting Date July 21, 2009 Category Consent Calendar - 6S 1. SUBJECT: CORRECTIONS FACILITY RENOVATION AGREEMENT WITH ARCHITECTS RASMUSSEN, TRIEBELHORN, AIA/PS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with Architects Rasmussen, Triebelhorn, AIA/PS in the amount of $78,536.00 for schematic design to renovate the Corrections Facility. In 2006, a study was performed on the Corrections Facility by Architects Rasmussen, Triebelhorn, AIA/PS to assess renovation of the facility in preparation of potential expansion. This agreement is for the schematic design for structural architectural, mechanical, and electrical disciplines in order to provide a more realistic budget number for the 2010 budget. The project involves additions to and the remodel of booking, holding, medical, and staff areas. 3. EXHIBITS: AIA Agreement 4. RECOMMENDED BY: 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: tCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: ATA Document B102TM -- 2007 Standard Form of Agreement Between Owner and Architect without a Predefined scope of Architect's Services AGREEMENT made as of the day of July in the year 2009 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) t This document has important City of Ken City 4' Avenue South legal consequences.Consultation Kent,WA 98032 with an attorney Is encouraged with respect to Its completion or modification. and the Architect: (Name, address and other information) Architects Rasmussen Triebelhorn,AIA/vs Number 9 Saint Helens,Suite D Tacoma,WA 98402 for the following Project: (Name, location and detailed description) Kent Jail Upgrade Kent,WA Addition to and remodel of booking,holding,medical,and staff areas of the Kent City Jail. The Owner and Architect agree as follows. 1111t. AIA Document B102TM-2007(formerly B141 Tm-1997 Part 1).Copyright©1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, 1987.1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and 1 International Treaties.Unauthorized reproductlon or distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal / penalties,and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 15:04:04 on 07/08/2009 under Order No.100037315E 1 which expires on 9/30/2009,and is not for resale. User Notes: (1318936533) TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 CLAIMS AND DISPUTES 5 TERMINATION OR SUSPENSION 6 COMPENSATION 7 MISCELLANEOUS PROVISIONS 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1.1 The Architect shall,provide the following professional services: (Describe the scope of the Architect's services or identify an exhibit or scope of services document setting forth the ' Architect's services and incorporated into this document in Section 9.2) Basic Services: Schematic Design Phase only for Structural Architectural,Mechanical,and Electrical disciplines. Additional Services: Schematic Design Phase only for Civil Engineering,Detailed Cost Estimating,Security Electronics Design,and Food Service Design, Design Development,Construction Documents,Construction Contract Administration,Additional Construction j Administration,and Project Closeout for all disciplines shall be added to the scope of services of this contract by amendment or subsequent agreement after completion and approval of the Schematic Design Phase. Services and estimated fees for work subsequent to the Schematic Design are as described in the fee estimate,dated June 4,2009,attached as Exhibit A. § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. ' § 1.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. ' § 1.4 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.5 The Architect shall maintain the felle A ag i sAra. e fe.the duF rie of this Agreement if any of rl e i:equir-ements set fei4h belew exceed the types and hn4ts the AreWteet nas=ally maintains,the CW%er shall r-eimbur-s the Areh4teet for-any additional eest� 1 Genefa'Liability Init. AIA Document 8102'rm—2007(formerly B141 TM—1997 Part 1).Copyright 0 1917,1926,1948,1951,E1953,1958,1961,1963,1966,1967,1970, 1974,1977, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved,WARNING.This AIA Document is protected by U.S.Copyright Law and 2 International Treaties Unauthorized reproduction or distribution of this AIA'Document,or any portion of It,may result in severe civil and criminal / penalties,and will be prosecuted to the maximum extent possible under the law,This document was produced by AIA software at 15.04.04 on 07/08/2009 under Order No.1000373155_1 which expires on 9/30/2009,and Is not for resale. User Notes: (1318936533) 1 .2 Autemeble friability .3 FIE Fs' Gempensatien procure and maintain for the duration of the Agreement,insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives,schedule,constraints and criteria,including space requirements and relationships,flexibility, expandability,special equipment,systems and site requirements.Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights. § 2.2 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 2.3 The . beween the Ownef and the Owner's sensultants.The Ownef shall famish the sefviees of semultants ether-than those designated in this Agfeemeat,or-authefize the Ar-eWteet to fumish them as an Additional SeMee,wheig the MeWtee requests sueh seFyiees and demonstrates that they are r-easena�y r-equ4ed by the seepe ef the P+Gjeet.The QA%e-r- wed-Owner,on its own or through other consultants or agents,may perform design or other Qreconstruction work outside the scope of Architect's services on this project. A description of the scope of work to be performed by these other consultants,contractors,or agents(collectively,the"listed consultants"),together with contact information for those listed consultants known at the time of drafting this Agreement,is attached and incoMrated as Exhibit B,if applicable. The Owner will supplement this list with specific contact information as it hires other listed consultants. The Architect shall cooperate with and coordinate the Architect's work with all other listed consultants, The Architect represents,and the Owner relied upon the Architect's representation,that it will communicate and coordinate with the listed consultants throughout proiect design to assure that the Architect's work compprises part of an integrated design that will function correctly and as planned when constructed by the Owner. The Architect is not a guarantor of the other listed consultant's work,but the Architect does have a duty to inform itself fully of the other listed consultants' designs in order to create a successfully integrated project. If the Architect determines that the work of any other listed consultant will not coordinate with the Architect's design or work or that the other listed consultant's design or will obstruct or interfere with a final,integrated and successful project design, the Architect will immediately inform the Owner of this conflict. The Owner will resolve any disagreements that may arise among the Architect and listed consultants over the method,design,or order of doingproject work, The Owner's decision on these matters will be final. The coordination of the work shall be taken into account by the Architect as part of the site investigation,should the Architect be retained for Construction Administration,and any resulting costs shall be incidental and included within the bid process in this Agreement. Inft. AIA Document B1027m—2007(formerly 61417M—1997 Part 1).Copyright m 1917,1926,1948,1951,®953,1958,1961,1963,1966,1967,1970, 1974,1977, 1987,1997 and 2007 by The American Institute of Architects,All rights reserved.WARNING:This AIA Document Is protected by U.S.Copyright Law and 3 International Treaties.Unauthorized reproduction or distribution of this AIA2' Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:04:04 on 07/08/2009 under Order No.1 0003731551 which expires on 9/30/2009,and Is not for resale. User Notes: (1318936533) § 2.4 The Owner shall furnish all legal, insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 3 COPYRIGHTS AND LICENSES § 3.1 The Afehitest and the QwneF waff ant that in tf ansmitting instruments of gerwiee,or-any other-infor-mation,the transmitting paFty is the eapyr-ight ownef ef SuGh information er-has Permission from the copyr-ight owner-to tFansmdt athef infer-matien er-d9eumentatien in digital f4m,they shall efideayof to establish necessary pfeteeels Drawin>rs,specifications,and other documents,including those in electronic form,pre; , ared by the Architect and the Architect's consultants are Instruments of Service for use with respect to this Project. Original documents,drawings,designs,reports,or any other records developed or created under this Agreement shall belong to and become the property of the Owner, All records submitted by the Owner to the Architect will be safeguarded by the Architect. Architect shall make such data,documents,and filed available to the Owner upon the Owner's request, The Owner's use or reuse of any of the documents,data,and files created by Architect for this project by anyone other than Architect on my other project shall be without liability or legal enosure to Architect. Architect further acknowledges that Owner is a public agency,subject to the public disclosure laws of the State of Washington. Should a public records request be received requesting a copy of the Architect's Instruments of Service,Owner must make these records available to that requesting party. b der-egatien of the r-eserwed rights of the AFehiteet and the other-r-oserved rights, ineluding eapyr-ights. Submission or disti4biation of ef Serviee to meet offisial material or-equipment peFfer+as its abl4gatieas,ineluding prompt payment of all sufm when dae,under-tWs Agreement.The,Afehiteet shall suppliers, ell the QA%efs ts te , Arehiteet rightfully tearinates this Agr-eefnent for-Gause as pfevided in Seetions 5.3 and 5.4,the fiecase granted in this from suehuses.The Qwiief,to the extent perwAtted by law,fih4her-agrees to indeffmi�and hold hmwAess aefien asseA@d by any diifd per-son @F enfity to the extent sHeh sests and expenses arise&em the Qw-ner-'s use of the rust nts of serviee under-this seetion z a T § 3.4 Bxeept for the fieenses granted in 04s Ai4iele 3,ae etber-Reense or-right shall be deeffied gfaated or-implied under-tWs Agfeement.The G-A%er-shall not assign,delegme,sublieense,pledge er-ether-wise tFansfeF an),heense seasultants. Init. AIA Document BMW—2007(formerly 8141 TM—1997 Part 1).Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document Is protected by U.S.Copyright Law and 4 International Treaties.Unauthorized reproduction of distribution of this AIA'r'Document,or any portion of It,may result in severe civil and criminal / penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:04:04 on 07/08/2009 under Order No.1000373155_i which expires on 9/30/2009,and is not for resale. User Notes: (1318936533) ARTICLE 4 CLAIMS AND DISPUTES § 4.1 GENEERALShould any dispute,misunderstanding,or conflict arise as to the terms and conditions contained in this Agreement,the matter shall first be referred to the Owner,and the Owner shall determine the term or provision's true intent or meaning. The Owner shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. 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, at the Regional Justice Center located in King County,Washington,unless the parties agree in writing to an altemative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement,each party shall pay all its legal costs and attorney's fees incurred in defendant or 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 Owner's right to indemnification under Section 7.11 of this Agreement. f against bindingmethed of Agreementute r-eselution selected ia this ripeeified by applieable , but in any ease net faer-e than 10 years after-the date of Substantial Gempletion Elf the WeFk.The Qvmef aad AFehiteetwaiye eaeh Either-and against the f , >if The Q%%ef r-the f as f heft. •damages due to eidwif paty's tefFainaden of this b b f • a 4.2 M901ATIOAI § 4.2.1 Any elaim,dispute or-ethef fnattef in question arising eut of er-felated te this Agr-eeffiew shall be subjeet te ' . lien nefiee er filing them by mediation whieh,unless the paFfies mutually agFee other-wise,shall be ada��stffed by the Amefiean Agreement.A request fef-mediation shall he mads ift b> with the per-sen or-entity a eamplaint or-other appropriate demand for-binding dispute reselution fin suehevent, advanee of binding diriputo feselution pr-eeeedings,whieh sha4l be stayed pending mediation fw a pefied E)f 60 days ffem the date of filing,unless stayed kir-a longer-period by agreement ef the pwies or-eetwl erden if an ar-bitfatie s. Agreements§ 4.2.3 The paFfies shall share the mediatei:'s fee and any filing fees equally.The mediatieR shall be held ift the plaea wher-e the Pr-qjeet is leeated,unless another-leeatien it,mutually agreed upea. diSpHte oselation shall f e the b• AIA Document B1021M—2007(formerly B1417m—1997 Part 1).Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, Init. 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA"'Document Is protected by U.S.Copyright Law and 5 International Treaties.Unauthorized reproduction or distribution of this AIA"'Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:04:04 on 07/08/2009 under Order No.1000373155_1 which expires on 9/30/2009,and is not for resale. User Notes: (1318936533) 1 r j�—.4bitratienpur-suant to Seetien 4.3 e tWsAgreement iT-L-itigation in a eeui4 of competent sdictien : , I belaim, dispute or etheF matter in question felated to this Agmement subjeet te,but net reseWed by, f shall be adfr�aister-ed b5 date of this AgFeement.A demand for-afbitFafien shall be Faade in writing, deli,_d to the ether-pafty to Agveeffient,and filed with the pefsen of entity adrpAnister-ing the ar-bitrat , . ll ; but in fie event shall it be made after the datewhen the institutien of legal or-equitable pr-oeeedings based efl the elaim, dispute of other matter-in question would be bai:fed by the appheable statute of limitations,For 04ute of limitations pur-poses,reseipt of a written demand fer-afbitfatien by the person or-eatity adagnister-ing the arbitration shal eensfitate the ifistitutien of legal er-equitable pfeeeedings based an the elaim, dispute of other matter-in questien. eeui4 having jur-isdietion thereof-. applicable law in any eauft haN,ing jui4sdietien thereof. other-arbit�-adea to m,Weh it is a pai4y preN,ided that(1)the aThitratien agreement gaveming the ether-afbitratie perrPtits e ted e and(3)the arbitfatiens empley materially siwAlar pr-esedural rules and methods for-seleefing ar-bitrater- . I eat its salee that the i3afty sought to be ieined eensents in wFiting to sueh joinden Consent to arbitration invelying an additional pefsen or-entity shall fiet emsfikutee en-insent to afbitfa4ion ef any elaim, dispute of ether-matter-ifi questi Seetien 4.3,�Aethef by joinder-er-senselide4ion,the same fights of joindef and eanselidatien as the Owner an A rel.:teeii..,.-ter-tWs A nt ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days' rewritten notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services,the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's sus.services,excluding termination expenses AIA Document B102TM—2007(formerly B141 TM—1997 Part 1).Copyright 0 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, (nit. 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAt Document Is protected by U.S.Copyright Law and 6 International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of It,may result In severe civil and criminal / penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:04:04 on 07/08/2009 under Order No.1000373155_1 which expires on 9/30/2009,and is not for resale. User Notes: (1318936533) Ideleted in section 5.7.The Architect's fees for the remaining services and the time schedules shall beequitably adjusted. § 5.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's serwiees. services,excluding termination expenses deleted in section 5.7.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate this Agreement by giving not less than seven days'prior written notice. § 5.4 Either party may terminate this Agreement upon not less than seven days' prior written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. I § 5.5 The Owner may terminate this Agreement upon not less than seven days'prior written notice to the Architect for the Owner's convenience and without cause, § 5.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due and all TeFffliffmieft Expe defined in Seat: c 7.due. § 5.7 „t:..ip ted..fefit o rl.o_Yalue of the ser-yiees Fiet peFfer-f e.l by the Architect § 5.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 3 and Section 6.3. ARTICLE 6 COMPENSATION § 6.1 The Owner shall compensate the Architect for services described in Section 1.1 as set forth below,or in the attached exhibit or scope document incorporated into this Agreement in Section 9.2. (Insert amount of, or basis for, compensation or indicate the exhibit or scope document in which compensation is provided for.) Schematic Design for Basic Services(Structural,Architectural,Mechanical,and Electrical): a flat rate of Sixty-Four Thousand Three Hundred Forty Dollars($64,340). Schematic Design for Additional Services: Civil Engineering: Four Thousand Eight Hundred Forty-Four Dollars($4,844) Security Electronics:Three Thousand Dollars($3,000) Cost Estimating: Two Thousand Dollars($2,000) Food Service: Two Thousand Five Hundred Dollars($2,500) Architect's Mark-Up and Coordination Fee at 15%of Additional Services Amount:One Thousand Eight Hundred Fifty-Two Dollars($1,852) Total Flat Fee for Schematic Design: Seventy-Eight Thousand Five Hundred Thirty-Six Dollars($78,536). § 6.2 Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: 1 Tr-e.n"peftetien and authorized eut of t..wn tFai,el and subsistence ' , .2 ,Pr-ejeet Web sites,and extfanet". .3 Fe aid for seeuAng approval of author-t:es having "ll:oie eveF the Pr-e .,t. , AIA Document B102TM—2007(formerly 8141 Tm—1997 Part 1).Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1968,1967,1970, 1974,1977. ]nit. 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AW Document Is protected by U.S.Copyright Law and 7 International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15,04,04 on 0 7/0 812 0 0 9 under Order No.1000373155 1 which expires on 9130/2009,and Is not for resale User Notes: (1318936533) .4 Printing,reproductions,plots,standard form documents; .5 Postage,handling and delivery; .6 b f if authorized in advanise by the 0WReri .7 Reader-in ,.7 Material and supply expenses for renderings_models,mock-ups,professional photography, and presentation materials requested by the Owner; .6Arehiteet's Consultant's expense ef pfefessional liability insuraiaee dedioated exelusively to this in exeess of that nor—malty a :ed by the A feWtoet's e „lt...,ts• f .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses;and .11 Other similar Project-related expenditures,as approved in advance by the Owner. I § 6.2.1 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten(10%)of the expenses incurred. § 6.3 GOMPENSATION FOR USE OF ARGI446GT'S INSTRUMENTS OF SERVICE It the Oyffier temiinalies the Arehiteet for-its der-Seetien 5.5,or the A&ehiteet terminates this § 6A PAYMENTS TO THE ARCHITECT § 6.4.1 An initial payment of zero($0)shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 6.4.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid thirty(30)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of nionthly or annual interest agreed upon.) § 6.4.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 6.4.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 This Agreement shall be governed by the law of the place where the Project is lee te,l exeept_that if the paFt es have seleeted arbitfalien as the method of binding dispute r-eselutien,the Federal AfbWafien Aet shall govem Seetien -43-located. § 7.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007,General Conditions of the Contract for Construction. § 7.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the ,eNeept that ffie QA%er-may assign this Agmemeat te a lender-pfaviding finaneing fer the Pr-oj Be other. § 7.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute AIA Document B102T1A—2007(formerly B141 TM—1997 Part 1).Copyright 0 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, (nit. 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAf' Document Is protected by U.S.Copyright Law and 8 International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:04:04 on 07/08/2009 under Order No.1000373155_1 which expires on 9/30/2009,and is not for resale. User Notes: (1318936533) all such consents that are consistent with Agreement,provided the proposed co nsent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond the scope of this Agreement. § 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 7.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. the A..ehiteet in doe Q.-A%8F'6 8 fiO.,,,1 M te,-:.,16 f8F the Dome „t § 7.11 ,r „ nbusifiess n the reeeMag paFty shall keep such infeFmatien str-iedy eepAdanfial and shall not diselese it te any oth@F per-son erieopt to(1)its empleyeers,(2)these whe need to knew the eentent of sueh infer-matien in order-to This Agreement and any referenced documents or exhibits represents the entire and integrated agreement between the Owner and the Architect and supersedes all np 'or negotiations,representations,or agreements,either written or oral.All of the documents referenced and incorporated herein are made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. This Agreement may be amended only by written instrument signed by both Owner and Architect. 67.9 The parties intend that an Independent Contractor-Employer Relationship 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 Architect has the ability to control and direct the performance and details of f its work,the City being interested only in the results obtained under this Agreement. B. The Architect maintains and pays for its own place of business from which Architect's services under this Agreement will be performed. C. The Architect has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Architect's services,or the Architect is engaged in an independently established trade,occupation,profession,or business of the same nature as that involved under this Agreement. D. The Architect 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 Departtnent of Revenue. E. The Architect has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Architect's business,and has obtained a Unified Business Identifier(UBI)number from the State of Washington. F. The Architect maintains a set of books dedicated to the expenses and earnings of its business. §7.10 In the hiring of employees for the performance of work under this Agreement or any subcontract,the Architect or any person acting on behalf of the Architect shall not,by reason of race,religion,color,sex,age,sexual orientation,national origin,or the presence 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. Architect shall execute Init. AIA Document 8102TM—2007(formerly 8141 TM—1997 Part 1),Copyright O 1917,1926,1948,1951,a 953,1958,1961,1963,1966,1967,1970, 1974,1977, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document Is protected by U.S.Copyright Law and 9 International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15 04:04 on 07/08/2009 under Order No.1000373155 1 which expires on 9/30/2009,and Is not for resale. User Notes: (1318936533) 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. §7.11 Architect shall defend,indemnify,and hold the Owner,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 Architect's performance of this Agreement,except for that portion of the injuries and damages caused by the Owner's negligence, The Owner's inspection or acceptance of any of Architect's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent 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 Architect and the Owner,its officers,officials,employees,agents,and volunteers,the Architect's liability hereunder shall be only to the extent of the Architect's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ARCHITECT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW SOLELY FOR THE PURPOSES OF THIS 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. §7.12 The failure of the Owner 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. §7.13 All communications regarding this Agreement shall be sent to the parties at the addresses listed on the cover page of the Agreement,unless notified to the contrary. Any written notice hereunder shall become effective three(3) business dam 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. §7.14 The Architect agrees to comply with all federal,state,and municipal laws,rules,and regulations that are now effective or in the future become applicable to Architect's business,equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. ARTICLE 8 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: None. ARTICLE 9 SCOPE OF THE AGREEMENT § 9.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 102-2007,Standard Form Agreement Between Owner and Architect .2 AIA Document E201-2007,Digital Data Protocol Exhibit,if completed,or the following: ,3 Other documents: (List other documents, including the Architect's scope of services document, hereby incorporated into the Agreement.) AIA Document B102TM—2007(formerly B141 TM—1997 Part 1).Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, InIt. 1987,1997 and 2007 by The American Institute of Architects,All rights reserved,WARNING:This AIAe Document Is protected by U.S.Copyright Law and 10 International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:04:04 on 07/08/2009 under Order No.1000373155_1 which expires on 9/30/2009,and is not for resale. User Notes: (1318936533) This Agreement entered into as of the day and year first written above. OWNER Igna TEC (Signature) ture) Suzette Cooke,Mayor Peter T.S.Rasmussen.FAIA-Principal (Printed name and title) (Printed name and title) AIA Document B1021m—2007(formerly B141 TM—1997 Part 1).Copyright 01917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970, 1974,1977, Init. 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and 11 International Treaties Unauthorized reproduction or distribution of this AIA3' Document,or any portion of It,may result in severe civil and criminal t penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:04:04 on 07/08/2009 under Order No.1000373155_1 which expires on 9/3012009,and is not for resale. User Notes: (1318936533) Certification of Document's Authenticity AIA®Document D401 TM - 2003 I,Tom Brubaker,City Attorney,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with this certification at 15:04:04 on 07/08/2009 under Order No. 1000373155_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 102Tm—2007-Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services,as published by the AIA in its software,other than changes shown in the attached final document by underscoring added text and striking over deleted text. , (Signed) (Title) 7 ? oe- (Dated) 1 AIA Document D401 Tm—2003.Copyright m 1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of It,may 1 result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:04:04 on 07/08/2009 under Order No.1000373155_1 which expires on 9130/2009,and is not for resale. User Notes: (1318936533) Exhibit A Kent Jail Upgrade ART Job#0909 Fee Estimate-Average of high and low-range cost estimates June 4,2009 4,629,752 10.69%basic fee,based on current WA state fee schedule 494,920 (8.69%fee for Schedule'B'project+2%remodel factor) Basic Services Additional Services Sub-Total by Phase 13% Schematic Design 64,340 15,130 79,470 20% Design Development 98,984 23,277 122,261 36% Construction Documents 178,171 41,899 220,070 2% Bidding and Negotiation 9,898 2,328 12,226 27% Construction 133,629 31,424 165,052 2% Project Closeout and Completion 9,898 2,328 12,226 Totals 494,920 116,385 611,305 Additional Services Provided by ART�estimated A Additional Construction Administration:-- 1/4 FTE 70,500 (Brings ART effort to 3/4 FTE throughout constructic Additional Services Provided by Sub-consultants-estimated B Civil Engineering 15,500 (Geo-technical and Civil surveys by City of Kent) C Security Electronics 10,000 D Cost Estimating 4,400 E Reimbursables(ART and all subs):Allowance 10,000 Sub-total 39,900 F 15%ART Mark-up(Includes coordination by ART) 5,985 Additional Sub-consultant Services Sub-total 45,885 Total Additional Services-estimated 116,385 Total Design Services-estimated 611,305 - EXHIBIT B INSURANCE REQUIREMENTS FOR t CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: i. Automobile Liability insurance covering all owned; non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1 � i I i I EXHIBIT B (Continued ) 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance; 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN II. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the i 1 EXHIBIT B (Continued ) 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. REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE f G. PUBLIC WORKS H. ADMINISTRATION f REPORTS FROM SPECIAL COMMITTEES i f KENT WASH 1 N O T O I1 OPERATIONS COMMITTEE MINUTES JUNE 16, 2009 Committee Members Present: Debbie Raplee, Tim Clark, and Les Thomas The meeting was called to order by Tim Clark at 4:01 p.m. 1. APPROVAL OF MINUTES DATED JUNE 2, 2009 Thomas moved to approve the minutes of the June 2, 2009 Operations Committee meeting. Raplee seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED MAY 31, 2009 Finance Director Bob Nachlinger presented the vouchers for May 31, 2009. Raplee moved to approve the vouchers dated May 31, 2009. Thomas seconded the motion, which passed 3-0. 3. MOVE TO RECOMMEND COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 2.01.020 OF THE KENT CITY CODE TO IDENTIFY TWO COUNCIL MEETINGS WHERE THE KENT CITY COUNCIL WILL MEET AT AN EARLIER 5:00 P.M. MEETING TIME, AND ESTABLISHING AND AFFIRMING A REGULAR COUNCIL WORKSHOP SCHEDULE. City Attorney Tom Brubaker advised that the proposed ordinance amends KCC 2.01.020 to permanently provide for earlier Council meeting times on the first Tuesday of August so that the Council may participate in the annual National Night Out event, and on the first Tuesday of November for Election Day purposes. Each year, by separate motion, the Council moves these meeting times. It would be more efficient to amend the code to provide for the permanent change in the Council's meeting times on the first Tuesday in August and the first Tuesday in November. Brubaker also advised that because the council also has met and will continue to meet on most regular meeting days for Council workshops, it is also appropriate to amend the code to clarify that these workshops also constitute regular council meetings of the Kent City Council. The Committee raised questions which Brubaker responded to. Thomas moved to recommend Council adopt an ordinance amending section 2.01.020 of the Kent City Code to identify two Council meetings where the Kent City Council will meet at an earlier 5:00 p.m. meeting time, and establishing and affirming a regular Council workshop schedule. Raplee seconded the motion, which passed 3-0. z Operations Committee Minutes June 16, 2009 Page: 2 4. MICROSOFT ENTERPRISE LICENSE AGREEMENT, 2009. (INFORMATIONAL ONLY) Information Technology Manager Paul Dunn provided an overview of the Microsoft Enterprise License Agreement with Microsoft. Dunn noted that last year when the Committee and Council approved the Enterprise Licensing Agreement with Microsoft, the Operations Committee had requested that IT report back in one year with an update, this is the one year report. Dunn referred to page 14 of the attached packet which provides a summary of the additional 66 licenses added to the current pool. He further explained that these are for workstations added not for additional employees. Questions were raised about the 25 stations added for the ShoWare Center; how the City is being reimbursed and where that revenue source shows up in the budget, Finance Director Bob Nachlinger responded. Further questions were raised by the Committee which Dunn responded to. T meeting a ur y4:14 p.m. SM" Nancy CCar Operatio Committe Secretary 1 0 KENT W A 5 H 1 N 6 7 O N PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 81 2009 Committee Members Chair Elizabeth Albertson, Jamie Danielson, Tim Clark Albertson called the meeting to order at 5:00 p.m. 1. APPROVAL OF MINUTES Danielson MOVED and 'Clark SECONDED to approve the Minutes of May 11, 2009. Motion PASSED 3-0. 2, Multifamily Residential Tax Exemption Update (ZCA-2009-41 Economic Development Director Ben Wolters stated that staff evaluated questions and concerns raised by the committee at the April 13th and May 111h PEDC meetings regarding the multifamily residential tax exemption update. He stated that this ordinance addresses the desire for incentivized quality development. Wolters stated that development must contribute to overall downtown viability with a mixed-use component. He pointed out criteria within the draft ordinance for evaluating projects. Principal Planner Matt Gilbert presented a series of photos that conceptualized the type of development staff proposes. He stated that the Multifamily Downtown Design Review encourages upper-level housing development with a commercial component at the base. Gilbert indicated that Sec. 3.25.040.F of the Kent City Code is amended to indicate that residential parking must be located in structured parking garages, under buildings, or underground, with a focus on an urban style of multifamily/mixed use development, and that the ordinance includes a requirement that the first floor of any building adjacent to a Class A Street shall consist of residential units, commercial, and/or residential amenity uses. Wolters stated that the mixed-use requirement was an effort to attract proposals where it would make sense within the community. He addressed the waiver component related to the mixed-use requirement, and stated that the Downtown Design Standards and Guidelines stipulate that buildings along Class A streets cannot be constructed with a solid wall along a pedestrian walkway. The Committee and staff discussed the 6-month vacancy issue, the LEED and Built Green certifications, tax incentives, design requirements, and market analysis requirements associated with projects. The following citizens spoke in favor of the multifamily dwelling tax exemption ordinance as well as voicing their concerns: Fernando Panlasiqui, 27116 Green River Road, Kent, WA Robert Slattery, PO Box 5028, Bellevue, WA voiced opposition to the 6-month vacancy requirements, recommending moving this on to the Full Council for their determination. Mychal Boyser, 124 4th Ave S, Suite 180, Kent, WA owner of Kona Kai stated that the City needs to revitalize the downtown core by encouraging residential development. Greg Haffner, PO Box 140, Kent, WA voiced opposition to the 6-month vacancy requirement, and on behalf of the Kent Downtown Partnership requested that staff analyze how to structure parking and retail on First Avenue. 2 Brad Corner, 14205 SE 36th #100, Bellevue, WA voiced concern with the 6-month vacancy requirements asking the Committee to revisit this issue. Bob Cryan, Seattle, WA described alternatives to the 6-month vacancy requirement asking that this ordinance be moved forward to the Full Council. Garrett Huffman, Master Builders Association, 335 116th Ave SE, Bellevue, WA voiced his opposition to the 6-month vacancy requirement and encouraged the PEDC to review projects every six months to gauge the City's progress. Satterstrom recommended adding language that would add requirements as part of the relocation process, which in turn would show concern for those folks displaced by redevelopment. After deliberating the Committee requested amending the language concerning tenancy, with staff's concurrence. After a brief recess, Assistant City Attorney Kim Adams Pratt stated that Sec. 3.25.040.8 Tenant displacement would be amended to read: "Prior to approval of an application under KCC 3.25,060, the applicant shall provide the Administrator with documentation satisfactory to the Administrator of the following: 1. all tenants of residential rental structures on the project site have been notified per state statute of the termination of their tenancy, 2. the applicant's efforts to refer tenants to similar, alternative housing resources, and 3. any other actions the applicant has taken to minimize the hardship on tenants whose tenancies will be terminated." Clark MOVED to approve the amendment for inclusion in the Ordinance related to Multifamily Dwelling Tax Exemptions. Danielson seconded the Motion. Motion Passed 3-0. Clark MOVED to approve the Ordinance, amending Kent City Code 3.25, related to Multifamily Dwelling Tax Exemptions. Danielson seconded the Motion. Motion Passed 3-0. 3. North Park Neighborhood Council Resolution Neighborhood Program Coordinator Toni Azzola presented the City's Neighborhood Program. She stated that the North Park neighborhood has completed the process to be recognized as a neighborhood council. She stated that the neighborhood is bounded to the north by Highway 167, to the east by 15t Avenue N., to the south by W. James Street, and to the west by 5th Avenue N. Azzola introduced 3 North Park Board officials; Bruce Malcolm, Susan Stoddard, and Tina Budell who voiced concerns related to their neighborhood's boundaries, parking issues, and the potential for losing their historic neighborhood because of the MRT-16 zoning designations. Danielson MOVED to recommend Council adopt the proposed resolution which j recognizes the North Park Neighborhood Council, supports its community building efforts, and confers all opportunities offered by the City's Neighborhood Program. Clark seconded the Motion which Passed 3-0. Adiournment Chair Albertson adjourned the meeting at 6:45 p.m. Pamela Mottram Planning & Economic Development Committee Secretary P:\Planning\PEDC\2009\Mlnutes\lune-8.09_PEDC-Mln..doc PEDC Minutes 6/8/09 Page 2 of 2 1 • 440 KENT WASHINGTON PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES JUNE 29, 2009 Committee Members Chair Elizabeth Albertson, Jamie Danielson, Tim Clark Albertson called the special meeting to order at 5:00 p.m. 1. APPROVAL OF MINUTES Danielson MOVED and Clark SECONDED to approve the Minutes of June 8, 2009. Motion CARRIED 3-0. 2. Economic & Community Development Departmental Reorganization Chief Administrative Officer John Hodgson, Economic Development Director Ben Wolters, and City Attorney Tom Brubaker reported on the establishment of an Economic and Community Development Department merging the current Community Development Department, the Engineering Development division of Public Works and the Economic Development staff from the Mayor's office. Hodgson stated that the purpose behind this merger is to streamline the permitting system and strengthen economic development in the city. Brubaker said that the city's last reorganization occurred in 2000, stating that gaps in City Code do not accurately reflect the structure of city departments. Clark stated that he wants language added to the ordinance to identify oversight positions specific to Public Works and Planning review, along with certification requirements; and would like the language defining the Planning Director's qualifications reinstated in the ordinance. Clark stated that he would like the City Engineer's job description codified and the oversight function identified in the code section pertaining to the Public Works Department. Clark and Albertson stated that the ordinance needs to define how the new department is structured with built in safeguards to protect the system. Clark stated that the ordinance should include language to address accountability and appropriate oversight for the newly created department. Brubaker stated that language could be added with respect to the hiring hierarchy. Wolters submitted a September 23, 2008, Permit Advisory Panel Status Report, which he referenced, citing 17 permit panel recommendations, explaining that 12 of 2 those recommendations have been implemented to various degrees. He stated that the objective of this proposed reorganization is to maximize the chances for success in implementing the panel's recommendations. In response to Clark, Wolters stated that Economic Development is about attracting and retaining businesses within our city and assisting developers through the permit process. Hodgson stated that the city's objective for a departmental reorganization (consolidating Economic Development, Public Works Permitting, and Planning into one work group) is to better serve the public. Departmental consolidation meets the objective to apply a consistent and predictable culture to the application process. Public Works Director Larry Blanchard responded to questions from the Committee with respect to how the division of work will be structured once the Development Engineering sector of Engineering merges as part of the newly formed Economic and Community Development Department. He stated that the only change within the Development Engineering Division would possibly be in the direct chain of command. Wolters clarified that Public Works will continue to set policy, but planning will implement that policy in terms of the permit process. Community Development Director Fred Satterstrom responded to questions from the Committee concerning delegation of responsibility within Planning Services associated with the permitting and SEPA process and the involvement of current planners in permit review and the differences between current planning and long range planning. After deliberating, Clark and Albertson asked that this issue be brought back to Committee at their July 13th meeting to provide them the opportunity to contact and discuss directly with the Permit Process Panel and their intended recommendations. Adjournment Chair Albertson adjourned the meeting at 6:35 p.m. Pamela Mottram Planning & Economic Development Committee Secretary P\Planning\PEDC\2009\MinutesUune-29-09_PEDC-Min doc KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES June 9, 2009 COMMITTEE MEMBERS: Les Thomas, Jamie Danielson, and Ron Harmon, Chair The meeting was called to order by Chair Ron Harmon at 5:03 PM. 1. Approval of Minutes L. Thomas moved to approve the minutes of the May 12, 2009 meeting. The motion was seconded by J. Danielson and passed 3-0. 2. Costs of Inmate Confinement and Kent Corrections Facility Programs Ordinance - ADOPT Police Chief Steve Strachan and Deputy City Attorney Pat Fitzpatrick explained the purpose of the ordinance. J. Danielson moved to recommend Council adopt an ordinance amending chapters 2.34 and 9.34 of the Kent City Code regarding costs of inmate confinement and Kent Corrections Facility programs. The motion was seconded by L. Thomas and passed 3-0. 3. Impoundment of Vehicles Used in Prostitution Crimes Ordinance - ADOPT Chief Strachan, Captain Ron Price and Chief Prosecutor Tami Perdue explained the purpose of the ordinance and distributed an example of the type of signage that will be posted. L. Thomas moved to recommend Council adopt an ordinance to provide for the impoundment of vehicles used in high risk prostitution areas for suspected prostitution crimes as authorized by recent state legislation. The motion was seconded by J. Danielson and passed 3-0. 4. Prohibition of Attendance at Illegal Street Races Ordinance - ADOPT Chief Strachan, Lieutenant Rafael Padilla and Chief Prosecutor Tami Perdue explained the purpose of the ordinance, and distributed an updated version of the ordinance. J. Danielson moved to recommend Council adopt an ordinance, in a form substantially similar to that presented to the Committee, that amends sections 9.42.020 and 9.43.030 of the Kent City Code to expand the prohibition against race attendance at all illegal street races, to add additional No Racing Zones within which the Kent Municipal Court can prohibit a defendant from engaging in racing or unlawful race attendance, and to make minor housekeeping changes to alphabetize the designated No Racing Zones. The motion was seconded by L. Thomas and passed 3-0. S. Boating Safety. Washington State Parks and Recreation Commission grant - ACCEPT Chief Strachan and Research & Development Analyst Debra LeRoy explained the funds would be used for officer overtime during high impact shifts on Lake Meridian. L. Thomas moved to recommend Council authorize the Kent Police Department to accept the Boating Safety grant in the amount of $12,730 from Washington State Parks and Recreation Commission. The motion was seconded by J. Danielson and passed 3-0. i 6. FY 2009 Bulletproof Vest Program application, Bureau of Justice Assistance - AUTHORIZE Chief Strachan and Debra LeRoy explained the purpose of the grant application. J. Danielson moved to authorize the Kent Police Department to apply for the FY 2009 Bureau of Justice Assistance Bulletproof Vest (BVP) grant. The motion was seconded by L. Thomas and passed 3-0. 7. Motorcycle Enforcement Patrols, Washington Traffic Safety Commission grant application - AUTHORIZE Chief Strachan and Sergeant John Cagle explained the grant would fund officer overtime for motorcycle patrols and that community education would also be included. L. Thomas moved to authorize the Kent Police Department to apply for the Washington Traffic Safety Commission grant in an amount not to exceed $3,350. The motion was seconded by J. Danielson and passed 3-0. 8. Fourth of July - INFO ONLY Chief Strachan and Fire Chief Jim Schneider explained that only legal fireworks can be in the City of Kent on the Fourth of July between 9 AM and 11 PM. 9. Fire Budget update - INFO ONLY Chief Schneider reviewed the status of the Fire Department's 2009 budget. Added items:10. FY 2009 Office of Juvenile Justice and Delinguencv Prevention Grant - AUTHORIZE Chief Strachan explained the proposed use of funds for juvenile diversion strategies. L. Thomas moved to authorize the Kent Police Department's request to apply for the FY 2009 Office of Juvenile Justice and Delinquency Prevention Grant. The motion was seconded by J. Danielson and passed 3-0. 11. Black and White Patrol Cars - INFO ONLY Chief Strachan spoke about plans to paint the remaining patrol cars to match the black and white fleet vehicles. 12. Citizen Comment Ron Harmon invited R. Moyer, address 22845 135th Ave SE, to speak about an incident that occurred at Lake Meridian Park. The meeting adjourned at 6:14 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 2 June 9, 2009 PUBLIC WORKS COMMITTEE MINUTES June 231, 2009 COMMITTEE MEMBERS PRESENT: Committee Chair Deborah Ranniger and Committee Member Ron Harmon were present. Debbie Raplee had an excused absence. The meeting was called to order at 5:04 p.m. Committee members chose to move Item 2 to the end of the list and move all other items up. There were two citizens in the audience that asked to speak. Garry Stewart asked to speak on items (now 8 & 9) and Mel Roberts asked to speak on items (now 3 & 5). ITEM 1- Approval of Minutes Dated June 1, 2009 Committee Member Harmon moved to approve the minutes of June 1, 2009. The motion was seconded by Ranniger and passed 3-0, with councilmember Raplee's concurrence. ITEM 2 - Transit Update/Information Only: Commute Trip Reduction Coordinator, Monica Whitman gave a brief update on the King County Metro Budget gap. King County is facing a $168 million budget gap for 2010 - 2011 and they will be submitting their draft budget the first week of July. Monica will be giving monthly updates as things develop. If they have to cut service by the entire 168 million, this would result in bus service going back to 1990 service levels. Metro is undergoing a performance audit. The auditors filed an interim report when they found $105 million surplus in the Fleet fund which they felt Metro could use now. At this point they are unsure if they will use it all at once or if they will spread it out over the 10 year Transit Now planning period. The Federal government has freed up $7 million in capital funds which Metro is able to use in their operating expenses. These two revenue additions could reduce cuts somewhat but they will still be significant. Metro has provided two scenarios: the Minimal Change Network and the High Ridership Network. The Minimal Change Network would decrease service on 136 of their 225 routes by an average of 25% each. The High Ridership scenario is completely changing the look of the overall transit system proposing to eliminate 104 of the 225 routes. Metro is asking for feedback from cities and is asking for input as soon as possible. City staff is recommending that we support the Minimal Change Network scenario because it continues to provide the most transit coverage to our City. A letter is being drafted for the Mayor's signature. A copy will be sent for councilmembers' and the Mayor for comments before it is sent to the Mayor for her signature it will then be sent to the King County Executive. Letters and comments need to be submitted to King County the first week of July. Information Only No Motion Required ITEM 3-Levee Update/US Army Corps of Engineers: Public Works Director, Larry Blanchard introduced Doug Weber, Gordon Thompson and Noel Gilbrough from the US Army Corps of Engineers who gave a brief PowerPoint presentation on the levee. Mike Mactutis and Tim LaPorte gave a brief introduction noting that City staff has been working with staff from the US Army Corps of Engineers on the different levee improvements. LaPorte noted that there is a problem with the FEMA mapping, the maps show that a large part of the valley floor will be in the flood zone. There is an issue with the Howard Hanson Dam that is going through repair considerations at this time. Damage to dam abutment will require water levels to be kept at lower levels than normal. There are existing problems with Frager Road portion of the levee is in need of repair. The Corps spoke specifically on the Horseshoe Bend levee. Information Only No Motion Required Page 1 of 4 U•\PWCommittee\Minutes\PWMinutes 05 18 09 doc PUBLIC WORKS COMMITTEE MINUTES June 23, 2009 ITEM 4 -Contract with Shannon & Wilson to Perform Biological Assessment Study - 2591n Street Raising Project: Environmental Engineering Supervisor, Alex Murillo noted that in September of 2007, the Federal Emergency Management Agency (FEMA) issued Preliminary Flood Insurance Rate Maps which indicated much of the Kent Valley was mapped in the floodplain. In March 2008, King County, the City of Kent, along with other valley cities filed an appeal to FEMA on the Preliminary Flood Insurance Rate Maps. The goal of the South 259th Street Raising Project is to improve flood protection in the valley and remove about one-third of the valley from the FEMA floodplain. Federal Certification will enable this project to remove a large portion of the valley from the floodplain. As part of this project a Biological Assessment must be completed to evaluate the overall impact of our proposal to threatened or endangered species. The City's contract with Shannon and Wilson Inc., will accomplish this effort. Harmon moved to recommend authorizing the Mayor to sign a contract with Shannon & Wilson, Inc. to perform a Biological Assessment Study for the South 259cn Street Raising project, upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Ranniger and passed 3-0, with councilmember Raplee's concurrence. ITEM 5 - Lease Renewal Agreement with Sprint Spectrum Realty Co. for Blue Boy Reservoir: Water Superintendent, Brad Lake asked committee members to authorize a Second Lease Agreement for five (5) years to lease a portion of the Blue Boy water tower located at 11228 SE 236th Place. It was noted that the original lease renewal did not go to Council. Harmon moved to recommend the City Council authorize the Mayor to sign a Second Lease Renewal from the City of Kent to Sprint Spectrum Realty Company, L.P., for a cell tower that is on the Blue Boy Water Tower, in a form acceptable to the City attorney and the Public Works Director. The motion was seconded by Ranniger and passed 3-0, councilmember Raplee's concurrence. ITEM 6 Contract for Design of Intelligent Transportation System (ITS) Upgrades to the Kent Traffic Management System: Public Works Director, Larry Blanchard introduced Transportation Engineering Manager, Steve Mullen noted that under this contract, the consultant will provide candidate system information and guidance to support the selection of a new traffic signal control system which will replace the present 1980's concept system (syncing lights). Staff is exploring various alternative options. Added Item: Mel Roberts of the Kent Bicycle Advisory Board would like to see that the specs for this item include bicycle detection. Harmon moved to recommend the City Council authorize the Mayor to sign a Consultant Services Agreement with The Transpo Group, Inc, in the amount of $66,505.00 to provide assistance and guidance to Transportation Engineering staff to modernize the Kent Traffic Signal System and enhance it with ITS features, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Ranniger and passed 3-0, with councilmember Raplee's concurrence. Page 2 of 4 U \PWCommlttee\Minutes\PWMinutes 06 23 09 doc PUBLIC WORKS COMMITTEE MINUTES June 23, 2009 ITEM 7 - Quit Claim Deed - Lake Meridian Outlet Proiect: Environmental Engineering Manager, Mike Mactutis noted that the City wishes to purchase a portion of the (WSDOT) Washington State Department of Transportation property using a quit claim deed on the southwest corner of State Route 516 (Kent-Kangley Road) and 152"d Ave SE for the Lake Meridian Outlet Project. The site is within the existing Lake Meridian Outlet project and contains approximately 0.9 acre of wetland within a 1.5 acre property. This is the final property purchase needed for the project to begin construction. Harmon moved to recommend approval of purchase of a portion of the Washington Department of Transportation property at 152"d Ave SE and State Route 516 using fair market value plus WSDOT review fee and closing cost upon concurrence of the language therein by the Public Works Director and City Attorney. The motion was seconded by Ranniger and passed 3-0, with councilmember Raplee's concurrence. ITEM 8 - Contract Tetra Tech/Lake Fenwick Water Ouality Improvement: Environmental Engineering Manager, Mike Mactutis explained that Lake Fenwick is currently not meeting water quality standards established by the Washington State Department of Ecology and the Environmental Protection Agency (EPA). Specifically, the lake frequently exceeds the total phosphorus TMDL (Total Maximum Daily Load) threshold established for the lake in 1993. This contract would provide a re-design of the hypolimnetic aeration system (basically a large-scale fish- tank bubbling system) that is currently installed in the lake so that it can be up-sized to meet to meet current demands. Harmon move to recommend the City Council authorize the Mayor to sign a Consultant Services Agreement with Tetra Tech, Inc. in the amount of $35,046.80 to provide short and long-term measures to improve Lake Fenwick water quality and to comply with State- mandated water quality standards for the nutrient phosphorus, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Ranniger and passed 3-0, with councilmember Raplee's concurrence. ITEM 9 - Revision to Kent City Code 9.38.020 Modify Parking Prohibition: Public Works Director, Larry Blanchard said that the City of Kent will meet with Sound Transit regarding the proposed code change. If Sound Transit has no objections to the code change, he requested that this item be taken directly to Council. The proposed code change would facilitate parking in the downtown area. The City finds lifting the parking prohibition on the west side of 1st Avenue North from West Temperance Street to West Smith Street to be in the City's best interest. If Sound Transit has issues he will bring this item back to committee. ' Added Item: Garry Stewart pointed out to the committee that there are no sidewalks in the area. If the City doesn't plan on finishing the area with curb, gutter and sidewalk Garry would prefer that the No Parking remain, as is. Harmon moved to recommend city staff pursue discussions with Sound Transit regarding the proposed amendment to Kent City Code (KCC) 9.38.020 which pertains to modifying a perking prohibition on the west side of 1s' Avenue North from West Temperance Street to West Smith Street. The motion was seconded by Ranniger and passed 3-0, with councilmember Raplee's concurrence. Page 3 of 4 U:\PWCommittee\Minutes\PWMinutes 06 23 09 doc PUBLIC WORKS COMMITTEE MINUTES 1 June 23, 2009 ITEM 10 — Information Only/Flow-up Meridian Meadows Bollards: Public Works Director, Larry Blanchard noted that Garry Stewart asked at a previous meeting if bollards could be placed so vehicles couldn't go on the trail. Two photos were shown of the bollards 1 that were installed. Thanks go to Scott Schroeder's crew for their good work. ADDED ITEM: Garry Stewart gave credit to his neighbor Larry Labelle for helping to maintain the area. He also thanked Public Works staff for installing the bollards so quickly. ITEM 11 — Discuss Upcoming PW Committee Dates & Times: Monday, August 3, 2009 change meeting time from 5:00 p.m. to 4:30 p.m. Harmon moved to change to the meeting time for the Monday, August 3, 2009 Public Works , Committee Meetings from 5:00 p.m. to 4:30 p.m. Monday, August 17, 2009 change meeting time from 5:00 p.m. to 4:30 p.m. Harmon moved to change the meeting time for the Monday, August 17, 2009 Public Works Committee Meeting from 5:00 p.m. to 4:30 p.m. There will be no meeting on September 7, 2009 due to Labor Day Holiday. There will be a Special Public Works Committee meeting in place of the September 7 meeting. Date and time to be 1 determined at the July 6, 2009 Public Works Committee meeting. Adjourned: The meeting was adjourned at 6:26 p.m. 1 Next Scheduled Meetina: Tuesday, July 6, 2009 at 5:00 pm i 1 1 1 1 Page 4 of 4 U:\PWCommittee\Minutes\PWMinutes 06 23 09 doc 1 CONTINUED COMMUNICATIONS A. i 1 i i 1 1 1 1 1 1 1 1 1 1 1 1 ' EXECUTIVE SESSION r 1 ACTION AFTER EXECUTIVE SESSION 1 1 1 1 1 r 1 r r r r r r r