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City Council Meeting - Council - Agenda - 09/01/2009
I l I . I , s �'- City of Kent �ff ty CounC�� a tin g ehda` ant l � ryt September 1 , 2009 Mayor Suzette Cooke Debbie Raplee, Council President Councilmembers I ; Elizabeth Albertson Ron Harmon Tim Clark Deborah Ranniger Jamie Danielson Les Thomas I � KEN• T W A 5 H I NGTON City Clerk's Office 1 KENT CITY COUNCIL AGENDAS �VKNT September 1, 2009 WASHINGTON Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: 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. Budget Assumptions Bob Nachlinger 30 minutes 2. Intergovernmental Issues Michelle Witham 15 minutes 3. I-1033 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. Muscular Dystrophy Association's Fill the Boot Campaign Award D. Constitution Week Proclamation E. Payroll Week Proclamation F. Day of Concern for the Hungry Proclamation G. Employee of the Month H. "Best Workplace for Recycling & Waste Reduction" Designation 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. King County Safe Havens Grant Agreement - Accept (Continued) COUNCIL MEETING AGENDA CONTINUED D. Community, Trade & Economic Development Neighborhood Stabilization I Program Grant Agreement - Authorize E. King Conservation District Grant Agreement for the Urban Forest Restoration Plan - Authorize F. Cascade Land Conservancy Consultant Agreement for the Urban Forest Restoration Plan - Authorize G. Second Quarter Fee-in-Lieu Funds - Accept H. Budget Adjustment Ordinance, January 1, 2009 -June 30, 2009 - Adopt I. South 259th Street Raising Contract - Authorize J. Commute Trip Reduction Funding Agreement - Authorize K. Military Road and SE 268th Sidewalk Improvements- Accept as Complete 7. OTHER BUSINESS A. Solid Waste Recycling, Yard Waste, Food Waste Consultant Services Agreement - Authorize 8. BIDS A. Lower East Hill Sanitary Sewer & Water Main Improvements and Union Pacific Railroad Storm Outfall Relining 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) MUSCULAR DYSTROPHY ASSOCIATION'S FILL THE BOOT CAMPAIGN AWARD D) CONSTITUTION WEEK PROCLAMATION E) PAYROLL WEEK PROCLAMATION F) DAY OF CONCERN FOR THE HUNGRY PROCLAMATION G) EMPLOYEE OF THE WEEK H) "BEST WORKPLACE FOR RECYCLING & WASTE REDUCTION" DESIGNATION Kent CityCouncil Meeting 9 ' Date September 1, 2009 Item No. 6A - 6B ' CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through K. Discussion ' Action ' 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of August 18, 2009. 6B. Approval of Bills. Approval of payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 18, 2009. Approval of checks issued for vouchers: Date Check Numbers Amount 07/31/09 Wire Transfers 3819-3835 $2,089,525.87 07/31/09 Regular Checks 634430-635023 3,511,658.83 Void Checks #634545 & #634713 -490.00 Use Tax Payable 2,101.43 $5,602,796.13 Approval of checks issued for Qayroll for July 16 through July 31 and paid on August 5, 2009: Date Check Numbers Amount 8/5/2009 Checks 313227-313493 $ 232,911.15 ' 8/5/2009 Advices 2582762-253542 1,617,926.06 $1,850,837.21 Kent City Council Meeting KEN T W A S H I N G T O N August 18, 2009 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) There were no changes. B. From the Public. (CFN-198) Continued Communications Item A was added at the request of an audience member. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no items for public recognition. B. Community Events. (CFN-198) Ranniger noted that this Friday is the last Outdoor Theater Night movie, and that lifeguards will be on duty at Lake Meridian through September 71n C. Introduction of Exchange Students from China. CFN-155 Exchange 4 ( ) 9 students from Yangzhou, China, and from Kent, were introduced by parent and host David Watson. The 15- and 16-year-old students (two from China and two from Kent) each spoke about their experiences visiting other cultures. D. Take Pride in America Award. (CFN-155) Parks Director Watling announced that the City has won the prestigious national Take Pride in America Award, given by the U.S. Department of Interior recognizing stewardship of public lands. Watling ( noted that the award is for the Youth Tree Education Program. E. Public Safety Report. (CFN-122) Police Chief Strachan reported on the recent prostitution sting, National Night Out activities, and the award of grant funds for two school resource officers and a Population Manager for the jail. He then updated the monthly statistics. PUBLIC HEARINGS A. Design and Construction Standards. (CFN-162/140) Mayor Cooke pointed out that there have been substantive changes to the lighting standards within the code. Mike Gillespie, Engineering Development Manager, noted that the Design and Construction Standards have not been comprehensively updated since 1992, and that the Standards now include side sewers, and excavation and grading. He explained the process and noted that the Public Works Committee recommended adoption of the proposed ordinance, with an amendment to Section 6.14 allowing residential street light systems to be owned and maintained by Puget Sound Energy. He then distributed copies of Section 6.14 and suggested the following changes: Section 6.14, Paragraph 2: Add the words "National Electrical Safety Code" after "IESNA". 1 i Kent City Council Minutes August 18, 2009 Section 6.14, Paragraph 5: Change the first sentence to say: All public street classifications shall have street light systems owned and operated by the City except for systems on Residential Streets if they are owned by Puget Sound Energy. Section 6.14.B, Table 6.5, Sentence 1: Add the word "public" between "New" and "street". Section 6.14.B, Table 6.5, Line 4: Strike "Systems on residential streets owned by Puget Sound Energy shall install a "slug" in place of the meter in the service cabinet to allow for future meter installation, if needed.", and replace it with "Any residential street light systems owned by Puget Sound Energy are not required to have service cabinets installed.". He also noted that the threshold is being increased from $20,000 to $50,000 for the application of the Design and Construction Standards, and outlined the areas of major revisions. The City Attorney emphasized that the proposed ordinance would adopt the entire Design and Construction Standards, but that tonight's public hearing is restricted to the amendments to Section 6.14 relating to street lighting systems. Ranniger pointed out that the changes mentioned tonight were previously agreed to unanimously by the committee. f Mayor Cooke opened the public hearing. Gary Nomensen, Puget Sound Energy, 3130 S. 38tn, noted that they have worked diligently with staff on this issue, and that they support the proposed amendments and ordinance. There were no further comments and Clark moved to close the public hearing. Raplee seconded and the motion carried. Ranniger then moved to adopt Ordinance No. 3927 amending Chapter 6.02 of the Kent City Code to adopt the 2009 City of Kent Design and Construction Standards and repealing Chapter 7.08 of the Kent City Code regard- ing side sewers to adjust the threshold amount for mitigation requirements and to incorporate grading and excavation regulations into the Standards. Raplee seconded and the motion carried. 1 B. Six-Year Transportation Improvement Program. (CFN-164) This date has 1 been set for the public hearing on the update of the Six-Year Transportation Improvement Program. Cathy Mooney of the Public Works Department described the program, and outlined which projects have been completed and those which have been withdrawn. She noted that there are no new projects in the program and said the increase in this year's Program over last year's is due to increases in construction costs plus additions and modifications to scope of work. She then answered questions from Councilmembers. I Mayor Cooke opened the public hearing. Mel Roberts, member of the Bicycle Advisory Board, suggested that bicycle lanes be put on Project #7, and said that the railroad crossings at S. 212tn, S 228t", and Willis Street need to allow bicycle riders to go both east and west across the railroad. He made suggestions relating to Projects 15, 16, 231 241 25, 26, 28 and 35, and suggested that some small specific bicycle projects be done. Harmon asked that the Public Works Department take a look at those small projects. Blanchard said he will provide Councilmembers with a list of the projects done over the last five years, and confirmed that changes can be made to the Program later. 2 Kent City Council Minutes August 18, 2009 I There were no further comments from the public and Clark moved to close the public hearing. Raplee seconded and the motion carried. Raplee moved to adopt Resolution No. 1813 which adopts the City's 2010-2015 Six-Year Transportation Improvement Program. Harmon seconded and the motion carried. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through H. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of August 4, 2009, were approved. B. Approval of Bills. (CFN-104) There were no numbers available. C. Cedar Pointe Final Plat (Ouasi-Judicial). (CFN-1272) The final plat mylar for Cedar Pointe was accepted, and the Mayor was authorized to sign the mylar. The property is located at 25401 136th Avenue SE. 1 D. Amendment Relatingto Claim Forms. CFN-220 Ordinance No. 3927 ( ) 1 amending section 2.97.010 of the Kent City Code to implement the revised tort pre- claim requirements of RCW 4.96.020 was adopted. E. Green River Levee Flood Protection Amendment. (CFN-1318) The Mayor was authorized to execute contracts, up to a maximum of $1,500,000, to purchase water-filled flood protection structures to be used to protect the City of Kent from flood threats, to purchase other types of flood protection structures, to purchase all necessary equipment, and to sign all necessary contracts to install and protect these structures. F. Kent Station Phase IV Bill of Sale. (CFN-484) The Bill of Sale for Kent Station Phase IV for 1 gate valve, 1 hydrant, 20 linear feet of water line, and 292 linear feet of frontage improvements was accepted. I G. Kent Highlands PUD Bill of Sale. (CFN-484) The Bill of Sale for Kent Highlands PUD for 18 gate valves; 8 hydrants; 5,246 linear feet of water line; 44 sanitary sewer manholes; 9,196 linear feet of sanitary sewer line; 6,920 linear feet of new street; ` 8 storm sewer manholes; 62 catch basins; 450 linear feet of biofiltration swale; and 9,363 linear feet of storm sewer line was accepted. H. North Park Sanitary Sewer Rebuild. (CFN-1004) The North Park Sanitary Sewer Rebuild Project was accepted as complete and release of retainage to Frontier Construction upon receipt of standard releases from the state and release of any liens was authorized. OTHER BUSINESS A. U.S. Department of Justice Grant Award. (CFN-122) Police Chief Strachan noted that the U.S. Department of Justice Office of Community Oriented Policing Services (COPS) has sent notification of a Cop Hiring Recovery Program (CHRP) grant award for the Kent Police Department in the amount of $572,374. The funds will be 3 I Kent City Council Minutes August 18, 2009 f used for salaries and benefits to hire two entry level police officers for three years. The officers will be assigned as School Resource Officers. Harmon expressed concern that these are short-term grants, and that the projects involved may take longer than three years. Chief Strachan said the school district is expected to absorb some of the costs and that discussions will be held later regarding the future of the projects. Harmon moved to accept the U. S. Department of Justice grant in the amount of $572,374, to establish the budget, to authorize the Mayor to sign all necessary documents, and to hire two entry level police officers as the funding becomes available and in accordance with the terms of the grant. Thomas seconded and the motion carried. B. 2009 Recovery Act Award. (CFN-122) Chief Strachan noted that the City's allocation for the FY 2009 Recovery Act Program is $307,485, and that the funding would support hiring a new jail Population Manager and to provide Correction Officer overtime for work crews for approximately 24 months. Upon Harmon's question, the Chief explained alternative sentencing, such as home monitoring, home detention, and day reporting, and how this grant would be helpful in the use of alternative sentencing. Harmon moved to accept the 2009 Recovery Act: Edward Byrne Memorial Competitive Grant in the amount of $307,485, to establish a budget, and to authorize the Mayor to sign all necessary documents. Thomas seconded. CAO Hodgson pointed out that this motion does not authorize the positions, and that that action will be taken after the funds are received. The motion then carried. BIDS A. Fire Station 74, Police Training & Firing Range Reroofing. (CFN-118) Parks Director Watling noted that the bid opening for the Police Training and Firing Range Reroofing project was held on August 6, 2009, with six bids received. He said the apparent low bid was submitted by Stanley Roofing Company, Inc., with a base bid of $344,995, plus Alternate No. 1 at $7,850, but excluding Washington state sales tax, and that the Engineer's base bid estimate was $357,000, excluding alternates and I tax. He pointed out that within the bid documents was language requiring the contractor to pay state prevailing wage in the completion of this work. Steve Kirby, Director of Market Development of the United Union of Roofers, Waterproofers, and Allied Workers Local No. 54, stated that Pacific Rainer Roofing was not the low bidder but is one of the most prestigious construction companies on the west coast. He said Pacific Rainier Roofing is a state-certified training agency, and that approved apprenticeship programs result in an increased tax base and reduced demand on social services. The City Attorney explained that state law requires that the City award the bid to the lowest responsible and responsive bidder, and that the l low bidder meets those criteria. Clark moved to authorize the Mayor to sign the agreement with Stanley Roofing Company, Inc., to complete the Police Training and Firing Range Reroofing project for $352,845 plus Washington State sales tax. Raplee seconded and the motion carried. 4 Kent City Council Minutes August 18, 2009 B. 2008 Miscellaneous Water Mains, Scenic Hill. (CFN-1186) Public Works Director Blanchard noted that the bid opening was held on August 18, 2009, with ten bids received, and that the low bid was submitted by Kar-Vel Construction in the amount of $285,150.92. He noted that the Engineer's estimate was $467,616.14 and recommended awarding the contract to Kar-Vel Construction. He explained that the $182,000 difference is an indication of the market, and that Kar-Vel's performance is good, their references are good, and that everything is included in their bid. Raplee moved to sign the agreement with Kar-Vel for the 2008 Miscellaneous Water Mains, Scenic Hill, in the amount of $285,150.92. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) No report was given. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be held at 5:00 p.m. on Thursday, August 20. E. Planning and Economic Development Committee. (CFN-198) Danielson noted that the committee will meet on Monday, August 24, at 4:30 p.m., and that the Shoreline Master Plan is on the agenda. F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) Raplee announced that, due to the holiday, the committee will meet on September 10 at 4:00 p.m. H. Administration. (CFN-198) CAO Hodgson announced that budget assumptions and a balanced budget will be brought to Council workshops in September, and that there are two items of pending acquisition negotiations for the executive session, which should last no longer than 15 minutes, with no action expected after the meeting reconvenes. I. Special Committees. (CFN-198) Albertson reported that at the South County Area Transportation Board meeting, cuts to Metro transit were discussed. She clarified that routes will not be cut, but that the number of trips may be reduced. CONTINUED COMMUNICATIONS A. Weed and Seed Program. (CFN-118) Leslie Kae Hamada, 28026 1891h Avenue SE, Covington, introduced herself and talked about the Weed and Seed meetings. She said she would like to have seen more active participation from the City Council at those meetings. She provided a copy of the minutes of the August 5, 2009, meeting, and encouraged Councilmembers to contact her. Hamada also said that she and her husband have raised money to begin a boxing program for children, on which she would like to partner with the City. 5 I Kent City Council Minutes August 18, 2009 EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION The meeting recessed to Executive Session at 8:35 p.m. and reconvened at 9:22 p.m. (CFN-198) ADJOURNMENT The meeting adjourned at 9:22 p.m. (CFN-198) Brenda Jacober, CMC City Clerk f l l I I l l 6 Kent City Council Meeting Date September 1, 2009 Category Consent Calendar - 6C 1. SUBJECT: KING COUNTY SAFE HAVENS GRANT AGREEMENT - ACCEPT 2. SUMMARY STATEMENT: Accept the King County Domestic Violence Grant of $10,000 to fund Safe Havens services, amend the Safe Havens budget, and approve the expenditure of funds. This grant will be used to provide services to low income families at the Safe Havens Visitation and Exchange Center. Funds will be used for personnel costs, rent, utilities, and supplies. 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Parks and Human Services Committee (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 King County Contract No. D38963D I Federal Taxpayer ID No. 91-1355875 Department/Division Community and Human Services/CSD Administration Agency City of Kent Project Title Kent Safe Havens Contract Amount $ 10,000 Fund Code 1421 i Contract Period From: 01/01/2009 To 12/31/2009 1 KING COUNTY SPECIAL PROJECTS CONTRACT-2009 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Kent (the I "Agency"), whose address is 220 -4th Avenue South, Kent, WA 98032. WHEREAS, the County has been advised that the following are the current funding sources, funding levels, and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES l COUNTY $10,000 01/01/2009 - 12/31/2009 TOTAL $10,000 01/01/2009 - 12/31/2009 WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No.; 16312 NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I This form is available in alternate formats upon request for persons with disabilities. City of Kent Page 1 of 14 2009 Contract I. EXHIBITS The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: ® Certificates of Insurance/Endorsements Attached hereto as Exhibit I ® 504 ADA Assurance of Compliance Attached hereto as Exhibit II II. DURATION OF CONTRACT This Contract shall commence on the 1st day of January 2009, and shall terminate on the f 31 st day of December 2009, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. I III. COMPENSATION AND METHOD OF PAYMENT The County shall reimburse the Agency-for satisfactory completion of the terms and conditions found in this Contract and its attached Exhibits. The method and timing of the County's payment to the Agency is specified in the Exhibits. IV. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, financial and governmental reporting standards as.prescribed by the appropriate accounting standards board. V. AUDITS I A. The Agency shall provide the County with a copy of its IRS Form 990 (Return of Organization Exempt from Tax) when requested. 1 B. The Agency shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of generally accepted l auditing'standards; Government Accountability Office Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and Office of Management and Budget Circulars A-21, A-87, Az102, A-122, and A-133, as l amended, and as applicable. The County in its sole discretion may waive some or all of these requirements upon the written request of the agency. The Agency shall I provide to the County a copy of the audit report, including any management letter or official correspondence submitted by the auditor, its response and corrective action plan for all findings and reportable conditions contained in its audit. Thee documents shall be submitted no later than six months.subsequent to the end of the Agency's fiscal year. C. Additional federal and/or state audit or review requirements may be imposed on the County and the Agency shall be required to comply with any such requirements. VI. EVALUATIONS, RECORDS AND INSPECTIONS A. The Agency shall provide right of access to its facilities, including those of any subcontractor, to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this City of Kent Page 2 of 14 2009 Contract f Contract. The County shall give advance notice to the Agency in the case of an ` audit to be conducted by the County. I B. The Agency shall maintain accounts and records, including personnel, property, financial, programmatic records, and other such records as may be deemed necessary by the County to ensure proper accounting for all contract funds and compliance with this Contract. If state funding is awarded in conjunction with this project, these records shall be maintained for a period of six years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14, or unless a longer retention period is required by law. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Contract. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County during the performance of this Contract. C. Agency agrees to cooperate with the County or its agent in the evaluation of Agency's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. VII. CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is, the Agency has i failed to comply with any terms or conditions of this Contract or the Agency has failed to l provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply: A. The County shall notify the Agency in writing of the nature of the breach; B. The Agency shall respond in writing no later than ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be i more than 30 days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; C. The County shall notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The County shall have sole discretion in determining the sufficiency of the Agency's corrective action plan; D. In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section IX; E. In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section IX. City of Kent Page 3 of 14 2009 Contract VIII. ASSIGNMENT/SUBCONTRACTING A. The Agency shall not assign or subcontract any portion of this Contract or transfer { or assign any claim arising pursuant to this Contract without the written consent of 1 the County. Said consent must be sought in writing by the Agency not less than 15 1 days prior to the date of.any proposed assignment or subcontract. B. "Subcontract" shall mean any agreement between the Agency and a subcontractor or subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(1) support services not related to the subject matter of this Contract, or(2) supplies. l IX. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the termination date specified in Section 11, by providing the Agency 30 days advance written notice of the termination. I B. The County may terminate this Contract, in whole or in part, upon seven days advance written notice in the event: (1) the-Agency materially breaches any duty, obligation, or service required pursuant to this Contract; or (2) the duties, 1 obligations, or services required herein become impossible, illegal, or not feasible. C. If County or other expected or actual funding is withdrawn, reduced, or limited in j any way prior to the termination date set forth above in this Contract and its attached Exhibits, the County may, upon written notification to the Agency, terminate this Contract in whole or in part. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract shall terminate at the close of the current appropriation year. D. The Agency may terminate this Contract upon seven days written notice, should the County commit any material breach of this Contract. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, j and conditions set forth in this Contract are breached by the other party. l X. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XI. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Agency is an independent contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of I City of Kent Page 4 of 14 2009 Contract career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract. i B. The Agency further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception that occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination sections. C. The Agency shall protect, defend, indemnify and save harmless the County, its officers, officials, employees and agents from any and all costs, claims, judgments and/or awards of damages, arising out of or in any way resulting from the activities associated with this Contract, by the Agency, its employees, representatives, 1 volunteers and/or agents. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Agency, by f mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any costs including attorneys' fees to enforce the provisions of this article, all such costs and fees shall be recoverable from the Agency. D. To the extent that an Agency subcontractor fails to satisfy its obligation to defend and indemnify the County as detailed in Section XV.B. of this Contract, the Agency shall protect, defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards or damages arising out of, or in any way resulting from, the negligent act or omissions of the Agency's subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. XII. INSURANCE A. By the date of execution of this Contract, the Agency shall, for the duration of this Contract, procure, maintain and provide evidence of coverage including the additional insured endorsement, for the applicable insurance required as outlined below. 1. General Liability: Coverage shall be at least as broad as Insurance Services Office form number (CG 00 01) Commercial General Liability, in the amount of at least $1,000,000 combined single limit per occurrence by bodily injury, and property damage, and for those policies with aggregate limits, a City of Kent Page 5 of 14 2009 Contract 2 000 000 aggregate limit. King County, its officers, officials, employees and agents shall be included and endorsed as an additional insured for liability arising out of the performance of activities under this Contract (CG 2010 11/85 or its equivalent). 4 2. Automobile Insurance: In the event the performance of this Contract requires the use of an automobile, automobile liability coverage in compliance with the statutory requirements of the'State of Washington is l required. 3. Workers' Compensation Coverage: When applicable, evidence of Workers' f Compensation coverage in compliance with the statutory requirements of the State of Washington shall be provided. 4. Stop Gap/Employers Liability: Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part-2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. Minimum Limit $1,000,000. 5. Professional Liability: Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability,. Errors, and i Omissions coverage shall be provided by the Agency. "Professional Services", for the purpose of this Contract section, shall mean those services that require a professional standard of care. Minimum Limit: $1,000,000 per claim and in the aggregate. f B. Acceptability of Insurers: Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by King County. C. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to Agency under this Contract. Agency shall assess its own risks and, if it deems appropriate and/or I prudent, maintain greater limits and/or broader coverage. D. Subcontractors: The Agency shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements 1 from each subcontractor. If the Agency is relying on the insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract then such requirements and documentation shall be I subject to all of the requirements stated herein. XIII. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY I A. Nondiscrimination in Employment/Provision of Services I During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical City of Kent Page 6 of 14 2009 Contract disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. B. Nondiscrimination in Subcontracting Practices During the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or.physical disability in an otherwise qualified disabled person. C. Compliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, King County Code (KCC) 12.17, RCW Chapter 1 49.60, Titles VI and VII of the Civil Rights Act of 1964, 42 United States Code 4 (USC) 2000(a) et seq., the Americans with Disabilities Act, 42 USC 12101 et seq., and the Restoration Act of 1987. The Agency shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. ID. Small Business and Minority and Women's Business Enterprise Opportunities The County encourages the Agency to utilize small businesses, including Minority- owned and Women-owned Business Enterprises ("M/WBEs") in the provision of services under this contract. Further information on MWBE opportunities can be obtained from the Contract Compliance Section at 206-205-0700. i E. Fair Employment Practices King County Code Chapter 12.18 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract. During the performance of ! this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. Record-Keeping Requirements and Site Visits 1 The Agency shall maintain, for at least six years after completion of all work under this Contract, the following: records of employment, employment advertisements, application forms, and other pertinent data; records and information related to employment; applications for employment or the administration or delivery of services or any other benefits under this Contract; and records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract; and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any time, the site of the work and the Agency's office to review the foregoing records. In all other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request. City of Kent Page 7 of 14 2009 Contract i If this Contract involves federal funds, the Agency shall comply with all record 1 keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. G. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Agency may be subject to damages, i withholding payment and any other sanctions provided for by the Contract and by applicable law. XIV. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA) The Agency has completed a 504/ADA Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and has evaluated its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, 29 USC 701 et seq. as amended ("504") and the ADA, 42 USC 12101 et seq. The Agency has completed, attached as an exhibit to this ! Contract, and incorporated herein by reference, a 504/ADA Assurance of Compliance. XV. SUBCONTRACTS AND PURCHASES. 1 A. The Agency shall include the above Sections IV, V, X, and XIII in every subcontract or purchase agreement for services which relate to the subject matter of this I Contract. B. The Agency-agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims,judgments, and/or . awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." l C. The Agency shall ensure that all subcontractors receiving any federal funds pursuant to this agreement have not been disbarred or suspended from federal contract participation. This may be done by checking the Excluded Parties List System http://epls.arnet.gov, which lists all suspended and debarred entities. XVI: CONFLICT OF INTEREST A. The Agency agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with any requirement of KCC Chapter 3.04 shall be a material breach of this' Contract and may result in termination of this Contract pursuant to Section IX and subject the Agency to the remedies stated therein or otherwise available to the County at law or in equity. I City of Kent Page 8 of 14 2009 Contract B. The Agency agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee. The Agency acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the County will be cancelled and it shall not be able to bid on any County contract for a period of two years. C. The Agency acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Agency shall identify, at the time of offer, current or former County employees involved in the preparation of proposals or the anticipated performance of work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Agency is responsible for notifying the County's project manager of current or former County employees who may become involved in the 1 Contract any time during the term of the Contract. XVII. POLITICAL ACTIVITY PROHIBITED ( None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XVIII. BOARD OF DIRECTORS A. If the Agency is incorporated, it shall have an active, legally constituted board of directors in accordance with RCW Chapters 23B or 24, as applicable. B. The following additional requirements shall apply to the agencies that qualify as i non-profit organizations under USC, Title 26, Subtitle A, Chapter 1, Subchapter F, Part 1, Section 501(C)(3). i 1. The Agency shall have a Board of Directors that shall be comprised of neither employees nor relatives of employees, officers, or directors of the Agency. For the purposes of this Section, a relative is defined as husband, wife, father, father-in-law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son-in-law, daughter, daughter-in-law, niece, nephew, grandparent, grandchild, uncle, aunt, domestic partner and child of domestic partner. In addition, the relatives of a domestic partner shall be considered relatives to the same extent such relatives would be included in this Section, as if the employee and domestic partner were married. 2. The Board of Directors shall meet regularly. 3. The Board of Directors shall cause to be adopted a formal conflict of interest policy for Board members that complies with the applicable provisions of the Internal Revenue Code and its 501 (C)(3) status, and addresses issues regarding gifts, financial gain, and improper use of position. XIX. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP i City of Kent Page 9 of 14 2009 Contract A. The Agency agrees that equipment purchased with Contract funds at a cost of 5 000 per item or more, when identified in an exhibit as reimbursable is upon its purchase or receipt the property of the Agency, County, and/or federal, and/or state government, as specified in the exhibit. B. The Agency shall be responsible for all such equipment, including the proper care and maintenance. C. The Agency shall ensure that all such equipment shall be returned to the ` appropriate government agency, whether federal, state or County upon written request of the County.. f D. The Agency shall admit County staff to the Agency's premises for the purpose of marking such property with appropriate government property tags. 1 E. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract identified funds. XX. NOTICES Whenever this Contract requires that notice be provided by one party to another, such notice l shall be: A. In writing; and B. Directed to the chief executive officer of the Agency and the director of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. i XXI. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Contract. XXII. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency shall use recycled paper for the production of all printed and photocopied f documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as f recycled paper. If the cost of recycled paper is more than 15 percent higher than the cost of non-recycled paper, the Agency may notify the Contract Administrator, who may waive the recycled paper requirement. The Agency shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical at the fulfillment of this Contract. XXIII. ENTIRE CONTRACTMAIVER OF DEFAULT ! The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver J City of Kent Page 10 of 14 2009 Contract J I of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. I XXIV. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Agency and any subcontractor(s) agree to abide by the terms of the Revised Code of Washington, rules and regulations promulgated thereunder, and the DSHS and County Agreement on General Terms and Conditions between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event of a conflict between any of the language contained in any exhibit or any .attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV. CONFIDENTIALITY The Agency agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. XXVI. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT OF 1996 ( Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 Code of Federal Regulations (CFR) Parts 160 and 164. A. Obligations and Activities of the Agency 1. The Agency agrees not to use or disclose protected health information other i than as permitted or required by law. 2. .The Agency agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains or transmits on behalf of the County as required by 45 CFR, Part 164, Subpart C. 3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to the Agency of a use or disclosure of protected health information by the Agency in violation of the requirements of this Contract. 4. The Agency agrees to report in writing all unauthorized or otherwise improper disclosures of protected health information or security incident, to the County within two days of the Agency's knowledge of such event. 5. The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Agency on behalf of the County, agrees to the same restrictions and conditions that apply through this Contract to the Agency with respect to such information. City of Kent Page 11 of 14 2009 Contract 6. The Agency agrees to make available protected health information in accordance with 45 CFR § 164.524. 7. The Agency agrees to make available protected health information for I amendment and incorporate any amendments to protected health I information in accordance with 45 CFR § 164.526. 8. The Agency agrees to make internal practices, books, and records, including policies and procedures and protected health information; relating to the use and disclosure of protected health information received from, or created or received by the Agency on behalf of King County, available to the f Secretary, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with the privacy rule. 9. The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR §164,528. B. Permitted Uses and Disclosures by Business Associate The Agency may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County. C. Effect of Termination 1. Except as provided in paragraph C.2. of this Section, upon termination of I this Contract, for any reason, the Agency shall return or destroy all protected health information received from the County, or created or received by the Agency on 1pehalf of the County. This provision shall apply to protected { health information that is in the possession of subcontractors or agents of the Agency. The Agency shall retain no copies of the protected health information. 2. In the event the Agency determines that returning or destroying the protected health information is infeasible, the Agency shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health j information is infeasible, the Agency shall extend the protections of the Contract to such protected health information and limit further uses and f I City of Kent Page 12 of 14 2009 Contract disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information. XXVIL PERSONAL INFORMATION— NOTICE OF SECURITY BREACH A. If the Agency maintains computerized or other forms of data that includes personal information owned by the County, the Agency shall notify the County of any breach of the security of the data immediately following discovery if the personal information was, or Is reasonably believed to have been, acquired by an unauthorized person in accordance with RCW 42.56.590 (2). B. The Agency shall provide all information requested by the County including the following in accordance with RCW 42.56.590, KCC 2.14.030, the King County Information Privacy Policy and any other applicable federal, state and local statute: J1. Circumstances associated with the breach; 1 2. Actions taken by the Agency to respond to the breach ; and 3. Steps the Agency shall take to prevent a similar occurrence. IThis information shall be provided in a format requested by the County. C. The County may at its sole discretion, require the Agency to contact the appropriate law enforcement agency and to provide the County a copy of the report of the investigation conducted by the law enforcement agency. The Agency shall also provide the County with any information it has regarding the security breach. D. The Agency shall conspicuously display King County's Privacy Notice and provide a printed copy upon request. E. The Agency shall be responsible for notifying individuals whose personal information may have become available to unauthorized users through a security breach. The Agency shall also be responsible for any cost associated with notifying the affected individuals. This notification may be by written notice or electronic notice in accordance with RCW 42.56.590 (7). F. If the Agency demonstrates that the cost of providing notice would exceed $250,000, or that the potentially affected persons exceeds 500,000, or the Agency does not have sufficient contact information, substitute notice shall consist of the following in accordance with RCW 42.56.590 (7), (c). 1. E-mail notice when the agency has an e-mail address for the subject persons; 2. Conspicuous posting of the notice on the Agency's web site page, if the agency maintains one; and 3. Notification to major County-wide media. City of Kent Page 13 of 14 2009 Contract G. For purpose of this section, "personal information" means the same as defined in RCW 42.56.590: 1. An individual's first name or first initial and last name in combination with any one of the following data elements, when either the name or the data elements are not encrypted: social security number; driver's license number or Washington identification card number; or I 2. Account number or credit or debit card number, in combination with any required security code; access code, or password that would permit access j to an individual's financial account. I KING COUNTY CITY OF KENT 1 FOR King County Executive Signature Date Name (Please type or print) Date Approved by DCHS Director II Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY November 4,2008 City of Kent Page 14 of 14 2009 Contract WA i Insurance Authority P.O. Box 88030 I Tukwila, WA 98138 I 15-Jun-09 Ceri#: 6257 Phone: 206-575-6046 King County Department of Community&Human Services Attn: Deborah Kuznitz, Project/Program Manager II Fax: 206-575-7426 401 5th Ave, Suite 500 Seattle,WA 98104 RE: City of Kent JSafe Havens Program provision of supervised visitation. Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 130 municipal corporations in the State of 1 Washington. WCIA has at least$1 million per occurrence combined single limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. I WCIA is an Interlocal Agreement among municipalities and liability is completely self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company,your organization cannot be named as an "additional insured". Sincerely, f I � _ Eric B. Larson Deputy Director cc: Christopher Hills Katherin Johnson cletter City of Kent Page 1 of 1 2009 Contract-Exh I i EXHIBIT II CITY OF KENT SAFE HAVENS VISITATION CENTER SUPERVISED VISITATION AND SAFE EXCHANGE SERVICES I. WORK STATEMENT The Agency shall provide supervised visitation and safe exchange services for families i impacted by domestic violence, sexual assault, child abuse, and stalking in accordance with the terms and conditions described hereinafter. The total amount of reimbursement pursuant to this Exhibit shall not exceed $10,000 from General Funds for the Exhibit period January 1, 2009 through December 31, 2009. II. PROGRAM DESCRIPTION 1 A. Outcome To provide effective prevention and intervention strategies for those most at-risk and most in need to prevent or reduce more acute illness, high-risk behaviors, incarceration and other emergency medical or crisis responses by increasing interpersonal safety of y survivors of domestic violence and their children. B. Indicators ISeventy-five percent of adult victims of domestic violence utilizing the Safe Havens Visitation Center will report an increased sense of safety during service provision as measured by pre and post surveys. l � C. Eligibility The criteria for acceptance into the program are the fear or need for protection of one parent against the other parent while complying with visitation or exchange orders. D. Definitions 1. Enrolled clients are supervised visitation and safe exchange services to families impacted by domestic violence, sexual assault, child abuse, and stalking. 2. Program Measurement Tool is a pre- and post-survey administered to protected parent at the beginning and end of service provision. Survey has scales of perceived safety or danger in and around the center, before, during, and after visitation. 3. Safe visitation and exchange are one-hour weekly visits between non- residential parents and their children. Exchanges are provided to families transitioning out of supervised visitation or as outlined in a court order. Services are offered Wednesday through Sunday. City of Kent Page 1 of 3 2009 Contract-Exh 11 E. Program Requirements 1. The Agency agrees to provide, at minimum, the following cumulative units of service: 1 Services July-Sept Oct-Dec July-Dec 2009 2009 2009 (Cumulative) Enrolled 5 5 10 Clients 2. The Agency shall offer the following services: a. Intake and Assessment: (two hours) separate schedules, in-depth, on- site intake interviews with the offender and the adult victim in order to identify risk factors related to domestic violence, sexual assault, child abuse, and stalking. Services shall include: a review of all program guidelines and expectations; current contact information; additional resources as needed; tour of the visitation area; preparation of files and development of visitation schedule; b. Supervised Exchanges: (one-half hour) sign-in of each party at ' designated entrances and times. Escort of child from one parent to the other and enforcement of staggered arrival and departure times to I ensure no contact between parties; and c. Weekly Staff Case Consults: (two and one-half hours) staff identify and f discuss ongoing and emerging concerns related to safety and l scheduling issues; problem solve and present case challenges and identify training needs and debrief stressful case situations. i 3. In order to complement-and maximize available resources, and to achieve the best possible outcomes'for clients, the Agency shall have a working agreement and/or contractual relationship for coordinated service-provision. III. COMPENSATION AND METHOD OF PAYMENT A. Billing'Invoice 1. The Agency shall submit a Billing Invoice Package quarterly that consists of an invoice statement and other reporting requirements as stated in Section IV., REPORTING REQUIREMENTS, of this Exhibit in a format approved by the County.•The Billing Invoice Package is due within five working days after the j end of the quarter. 2. A hard copy of the invoice shall be submitted with original signatures. Other reporting forms shall be submitted electronically. B. Method of payment 1. Reimbursement shall be made quarterly. 2. Subsidy costs for clients shall be paid according to the following unit cost: City of Kent Page 2 of 3 2009 Contract-Exh 11 l_ a. Assessment/intake (per intake) $300 C. Supervised Exchange (per exchange) $ 65 d. Staff Consultation (per week) $375 i 3. The Agency shall advise the County quarterly of any changes in revenues from sources other than the County that are used to provide the services funded under this Contract. The Agency agrees to re-negotiate performance requirements if the County determines that such changes are substantial. 4. The Agency shall not invoice and charge the County for incurred costs which are also specifically paid for by another source of funds. 5. If the Agency fails to submit any of the reporting requirements as stated in Section IV., REPORTING REQUIREMENTS, the current invoice and the future invoice shall not be paid until the Agency submits all required paperwork. IV. REPORTING REQUIREMENTS The Agency shall submit the following data in a format approved by the County. A. The following forms shall be submitted electronically to the contract manager at deborah.kuznitz(a),kingcounty.gov in a format approved by the County: 1. Service-Activity Report; 2. Client Profile Report; and 3. Human Services Outcome Report(s) B. The Agency shall submit a Service-Activity Report in a format provided by the County. This report states the number of units of services provided by the Agency as described in Section II.E.1., Program Requirements and in Section III.B.2. The Agency shall submit this report within five working days after the end of each quarter. C. The Agency shall submit the Client Profile Report for King County (client demographics) with the September and December 2009 invoices in a format provided by the County. D. The Human Services Outcome report shall be submitted with the December 2009 invoice. City of Kent Page 3 of 3 2009 Contract-Exh 11 k I Kent City Council Meeting Date September 1, 2009 Category Consent Calendar - 6D 1. SUBJECT:. COMMUNITY, TRADE & ECONOMIC DEVELOPMENT NEIGHBORHOOD STABILIZATION I PROGRAM GRANT AGREEMENT - AUTHORIZE 2. -SUMMARY STATEMENT: Authorize the Mayor to sign the Community, Trade and Economic Development Grant Agreement in the amount of $475,264 to fund the Neighborhood Stabilization I Program, amend the Neighborhood Stabilization Program Budget, and approve the expenditure of funds in accordance.with the grants terms. 4 Congress passed the Housing and Economic Recovery Act of 2008 as a response to the large number of foreclosures throughout the nation. The Neighborhood Stabilization Program (NSP) was established through this legislation, and funding is provided for the project through the U.S. Department of Housing and Urban Development. Funding is,restricted to a limited number of activities. The State of Washington received $28.16 million in-funding through its State CDBG f Program, which-will contract with local jurisdictions that are eligible for funding. y The City of Kent is eligible for $475,264. Funding Will be used: (1) to provide down payment assistance to an income eligible buyer;. and (2) to. purchase, rehabilitate, and sell a foreclosed upon residential property. The City will sub-grant with a non-profit to oversee the purchase, .rehabilitation and sale of the property and administer the down payment assistance program. 3. EXHIBITS:* Grant Agreement 4. RECOMMENDED BY: Parks and Human Services Committee ' (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT 1 Expenditure? X Revenue? X 1 Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds k DISCUSSION: s ACTION: r I: I CTEDCommunity, Trade and Economic Development j Grant Agreement with: City of Kent through 1 Washington State Community Development Block Grant Program Neighborhood Stabilization Program 1 For: The City of Kent will use $475,264 in NSP funds to recover two (2) foreclosed properties. i Contract Number: 08-F6401-008 I Start date: 2/18/2009 Washington State Department of Community, Trade and Economic Development www.cted.wa.gov i TABLE OF CONTENTS I FACE SHEET CONTRACT TERMS AND CONDITIONS Special Terms and Conditions i 1. Definitions.................................................................................................. 1 2. Access to Records .................................................................................... 1 3. Acquisition and Disposition of Assets........................................................ 1 4. Agreement Management...........................................................................2 5. Anti-Lobbying Certification and Disclosure Form ......................................2 6. Billing Procedures and Payment...............................................................2 7. Closeout...................... ............................................................................2 8. Environmental Review............................................................................... 3 9. Equal Opportunity Treatment for Faith Based Organizations..................4 10. Insurance.................................................................................. 4 11. Subcontracts for Engineering Services 6 12. Program Income........................................................................................6 13. Reports......................................................................................................6 1 14. Order of Precedence.................................................................................6 j General Terms and Conditions 1. Definitions.................................................................................................. 1 I 2. All Writings Contained Herein ................................................................... 1 3. Amendments............................................................................................. 1 4 4. Assignment................................................................................................ 1 l 5. Attorney Fees............................................................................................ 1 6. Audit.......................................................................................................... 1 T 7. Certification Regarding Debarment, Suspension or Ineligibility or Ineligibility and Voluntary Exclusion .......................................................... 3 8. Confidentiality/Safeguarding of Information............................................... 3 9. Conformance......................... .................. 4 10. Copyright Provisions ............. ...................................................................4 11. Disallowed Costs .................. ...................................................................5 12. Disputes ....................................................................................................5 13. Duplicate Payment....................................................................................5 14. Ethics/Conflicts of Interest.........................................................................5 15. Governing Law and Venue 5 16. Indemnification .......................................................................................... 5 17. Independent Capacity of the Contractor....................................................6 18. Industrial Insurance Coverage ..................................................................6 i 19. Laws..........................................................................................................6 I 20. Licensing, Accreditation and Registration .................................................8 21. Limitation Of Authority...............................................................................8 22. Noncompliance With Nondiscrimination Laws...........................................8 23. Political Activities.......................................................................................8 24. Prevailing Wage Laws............................................................................... 8 25. Procurement Standards for Federally Funded Programs..........................9 26. Prohibition Against Payment Of Bonus Or Commission............................9 27. Publicity................................................................................................... 10 28. Recapture................................................................................................ 10 29. Records Maintenance ............................................................................. 10 30. Registration With Department Of Revenue............................................. 10 31. Savings.................................................................................................... 10 I 32. Severability.............................................................................................. 10 33. Subcontracting 10 34. Survival.................................................................................................... 11 35. Taxes....................................................................................................... 11 36. Termination for Cause/Suspension......................................................... 11 37. Termination for Convenience .................................................................. 11 38. Termination Procedures.......................................................................... 11 39. Waiver 12 Attachment A, Statement of Work Attachment B, State and Federal Requirements and Assurances Attachment C, Letter to Incur Costs (if applicable) I 1 I I FACE SHEET Washington State Department of Community,Trade,and Economic Development Local Government Division , Community Development Programs Unit-Community Development Block Grant Program Program: Neighborhood Stabilization Program Contractor Contract Number Contract Amount City of Kent 220 4th Ave So 08-F6401-008 $475,264 Kent,WA 98032 Contractor Representative CTED Representative Dinah Wilson,CDBG Coordinator (253)856-6067 Bill Mandeville(360)725-2725 i Date Application Submitted Start Date End Date j 3/30/2009 02/18/2009 03/31/2013 Federal Funding Authority Washington State Department of Community,Trade and Economic Development(hereinafter known as CTED),and U. S.Department of Housing and Urban Development(HUD). Federal Funds CFDA Number 333.14.228 14.228 Service Area County Number of Pages Legislative District 33 King 36 Congressional District 9 Tax ID Number Subrecipient or Participating Entities 91-6001254 N/A Contract Purpose City of Kent is awarded$475,264 from the Neighborhood Stabilization Program to purchase,rehabilitate and resell or rent one (1)foreclosed property to an income-eligible buyer and/or tenant. It will also underwrite deferred loans that income-eligible buyers can use to purchase one(1)foreclosed property. The State of Washington designated Kent as an area with a signficantly higher than average rate of home foreclosures and,therefore,in need of this type of emergency financial assistance. The City of Kent will use its NSP funds to recover two(2)foreclosed properties. i IN WITNESS WHEREOF,CTED and Contractor acknowledge and accept the terms of this agreement and attachments hereto and have executed this agreement as of the date and year written below. The rights and obligations of both parties to this agreement are governed by this Face Sheet,Special and General Terms and Conditions,Attachment A:Statement of Work and Budget, Attachment B: State and Federal Requirements and Assurances,Attachment C:Letter to Incur Costs(if applicable),Attachment D:Additional Conditions and Agreement for Interim Financing/CDBG Float-Funded Activity (if applicable),and Attachment E:Assignment of Rights,Title,and Interest (if applicable),and the following documents incorporated herein by reference: Contractor's application for funding and the Community Development Block Grant Policies and Procedures,prepared by CTED. FOR THE CONTRACTOR FOR CTED The Honorable Suzette Cooke Karen J.Larkin,Assistant Director Mayor of Kent Local Government Division Date Date APPROVED AS TO FORM ONLY j Alice Blado,Assistant Attorney General(Signature on file) Date: May 29,2009 SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1. DEFINITIONS A. "Subcontractor" in the General Conditions of this Agreement shall mean the same as the term 11subrecipient" found in the federal Community Development Block Grant (CDBG) rules and regulations and the term "contractor" found in the procedures and policies in state's CDBG Management Handbook. B. "Low- and moderate-income" shall mean a household income equal to or less than 80 percent of area median income adjusted by family size. C. "Low- , moderate-, and middle-income" shall mean a household income equal to or less than 120 percent of the area median income, measured as 2.4 times the current Section 8 income limit for households below 50 percent of median income, adjusted by family size. D. For purposes of the Neighborhood Stabilization Program only, the term "low- and moderate- income person" as it appears throughout the CDBG regulations at 24 CFR part 570 shall be defined as a member of a low-, moderate-, and middle-income household. 2. ACCESS TO RECORDS CTED and duly authorized officials of the state and the federal government shall have full access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the Contractor and of persons or organizations with which the Contractor may contract, involving transactions related to the project and this contract. 3. ACQUISITION AND DISPOSITION OF ASSETS The Contractor will account for any tangible personal property acquired with grant funds. The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: Real property that was acquired or improved, in whole or in part, with Community Development Block Grant(CDBG)funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG national objectives for ten (10)years after the Agreement is closed. Any exception must be made with CTED's approval and the Contractor will be responsible to pay CTED an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment from the disposition of real property acquired with grant funds within 10-years of closeout of this Agreement shall be treated as program income under Section 12 of these Special Terms and Conditions. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Real property acquired, improved or sold, in whole or part, with Neighborhood Stabilization Program (NSP)funds shall comply with the requirements of Public Law 110-289, Housing and Recovery Act of 2008 (HERA), section 2301,which includes but is not limited to: Section 2301(d)(1)current market appraisal requirements to determine the statutory purchase discount and to ensure purchasers are paying below-market value for the home or property; Section 2302(d)(3)sale amount restrictions for any abandoned or foreclosed upon home or residential property purchased, redeveloped, or otherwise sold to an individual as a primary residence to an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, and habitable condition; and Section 2301(f)(3)affordability requirements as stipulated in 24 CFR 92.252 for rental housing units or 24 CFR 92.254 for owner-occupied housing units or for a longer period of time if practicable; CTED/Local Government Agreement for Federal Funds 1 SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 4. AGREEMENT MANAGEMENT The Representative for each of the parties identified on the Face Sheet of this Agreement shall be responsible for and shall be the contact person for all communications and billings regarding the 1 performance of this Agreement. 5. ANTI-LOBBYING CERTIFICATION AND DISCLOSURE FORM j Contractor, defined as the primary participant and its principals, certifies by signing these I Special Terms and Conditions that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of I - Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. f B. The above provisions will be met if the grant award from CTED exceeds$100,000 and will further I ensure that their provisions are included in any sub grant, contract, and subcontracts exceeding $100,000 of grant funds. l� 6. BILLING PROCEDURES AND PAYMENT CTED will pay the Contractor for allowable expenses tied to approved project activities according to Attachment A, Statement of Work and Budget. I Invoices must be submitted on a Washington State Invoice Voucher form. The voucher form must report all federal funds on hand as of the date of submittal. Any cash on hand must be subtracted from the amount of funds requested. Program income earned during the reporting period must also be deducted from the amount requested. Invoices shall be mailed to: The Department of Community, Trade and Economic Development 1 Local Government Division 128- 10th Avenue SW P.O. Box 42525 Olympia,Washington 98504-2525 Attention: Contracts Administration Unit(CAU) Project Manager. Invoices shall describe and document,to CTED's satisfaction, the work performed, the progress of I the project, and fees. The invoice shall include the Agreement number. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of$50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by CTED within thirty(30)calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. CTED may, in its sole discretion,terminate the Agreement or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Agreement, including completion of the Environmental Review and the release of funds(if applicable). No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by CTED. '- 7. CLOSEOUT The CTED will advise the Contractor to initiate closeout procedures when there are no impediments 1 to closing and the following criteria have been met or soon will be met: A. All costs have been incurred with the exception of closeout costs and any unsettled third-party claims against the Contractor. Costs are incurred when goods and services are received or contract work is performed. CTED/Local Government Agreement for Federal Funds 2 t_ SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B. The Contractor has held a public hearing to review program performance. C. The Contractor has submitted the final Closeout Performance Report. Failure to submit a report will not preclude the CTED from effecting closeout if it is deemed to be in the state's interest. Any excess grant amount in the Contractor's possession shall be returned in the event of failure to finish or update the report. D. Other responsibilities of the Contractor under this Agreement and any closeout Agreement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further state interest in keeping the grant open for the purpose of securing performance. i 8. ENVIRONMENTAL REVIEW General Purpose, Housing Enhancement, Neighborhood Stabilization, and Recovery Grants Funding in excess of the amount stipulated in Attachment C, Letter to Incur Costs, shall not be released to a Contractor by CTED until the following conditions are met: A. The Contractor must prepare an environmental assessment of the project and make a finding of environmental impact. A notice of this finding must be published along with a notice of the Contractor's intent to request release of funds for the project unless the project is exempt from the publication requirements as described. The Contractor must allow a seven (7)or fifteen i (15)day period for public review and comment following publication of the notices unless exempt under the National Environmental Policy Act(NEPA)and the Washington State Environmental Policy Act(SEPA). When this review and comment period expires,the Contractor may, after considering any comments received, submit a request for release of funds to CTED. Upon receipt of the request, CTED must allow a fifteen (15)day period for public review and comment. When CTED's public review and comment period expires, CTED may, after considering any comments received, formally notify the Contractor in writing of the release of federal funds for the project. B. This special condition is satisfied when the Contractor completes the environmental review and request for release of funds from CTED. The special condition is effectively removed on the date CTED provides the Contractor with written notice of release of funds. Imminent Threat Grants Funding shall not be released to an Imminent Threat grant recipient until the following conditions are met: The Contractor assures that assisted activities are for temporary or permanent improvements limited to the protection, repair or arrest of imminent threats to public health and safety or physical deterioration. The Contractor further assures that assisted activities will result in either no change or minimal change in the environmental conditions that existed prior to the emergency. In addition, the Contractor assures it will document, in writing, its determination that each activity or project is exempt and meets the conditions specified for such exemption under Section 58.34 of 24 CFR, Environmental Review Procedures for Title I CDBG Programs. In cases where Contractors must take action immediately, or within a time too short to allow full SEPA compliance, to avoid an imminent threat to public health or safety,to prevent an imminent danger to public or private property, or to prevent an immediate threat of serious environmental degradation, such actions are exempt from SEPA pursuant to WAC 197-11-880. Planning-Only and Public Services Grants Funding shall not be released to a Planning-Only or Public Services grant recipient until the following conditions are met: The Contractor assures that assisted activities are exempt under NEPA(24 CFR 58.32)and categorically exempt under SEPA(RCW 43.21 C.110). The Contractor further assures that the activities do not come under the purview of any other federal, state, and known local environmental laws, statutes, regulations or executive orders. In addition, the Contractor assures it will document, in writing, its determination that each activity or project is exempt and meets the conditions specified for such exemption under(NEPA)24 CFR 58.34(3) (for POG)or 58.34(4) (for PS)and (SEPA)WAC 197-11-800 (for POG)or WAC 197-11-305 (for PS). Float-Funded Activity Grants CTED/Local Government Agreement for Federal Funds 3 SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Funding shall not be released to a Float-Funded Activity grant recipient until the following conditions are met: A. If the Contractor completed a CDBG environmental review for the project under a previous CDBG, and has written notification from CTED of the release of federal funds under that grant,the Contractor must provide a Letter of Continuation notifying CTED that the environmental review requirements have been met. The Letter of Continuation must ; reference the grant under which CDBG environmental review requirements were met. It must also confirm that the project scope has not changed and no additional environmental review activities are required. B. If the Contractor has not completed a CDBG environmental review for the project under a previous grant, it must meet the same conditions required for that grant as described in this Environmental Review clause. 9. EQUAL OPPORTUNITY TREATMENT FOR FAITH BASED ORGANIZATIONS The Contractor agrees to comply with the applicable requirements of 24 CFR 570.2000) Housing and Urban Development Department(HUD). 10. INSURANCE The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect CTED should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Agreement. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable f insurance. The Contractor shall instruct the insurers to give CTED thirty(30)calendar days advance notice of any insurance cancellation, non-renewal or modification. The Contractor shall submit to CTED within fifteen (15)calendar days of the Agreement start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Agreement, the Contractor shall submit renewal certificates not less than thirty l� (30) calendar days prior to expiration of each policy required under this section. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Agreement, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Agreement activity but no less than $1,000,000 per occurrence. Additionally,the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Automobile Liability. In the event that performance pursuant to this Agreement involves the use of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is$1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or CTED/Local Government Agreement for Federal Funds 4 SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Agreement shall be$100,000 or the highest of planned reimbursement for the Agreement period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name CTED as beneficiary. B. Subcontractors that receive$10,000 or more per year in funding through this Agreement shall secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary. C. The Contractor shall provide, at CTED's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that CTED will be provided thirty(30)days advance written notice of cancellation. Additional Provisions: Above insurance policy shall include the following provisions: 1. Additional Insured. The state of Washington, CTED, its elected and appointed officials, agents and employees shall be named as an additional insured on all general liability, excess, umbrella and property insurance policies. All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the State. I 2. Identification. The policy must reference CTED's Agreement number and the State agency name. 3. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to do business within the state of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports. Any exception shall be reviewed and approved by CTED's Risk Manager, or the Risk Manager for the state of Washington, before the Agreement is accepted or work may begin. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. 4. Excess Coverage. By requiring insurance herein, CTED does not represent that coverage and limits will be adequate to protect Contractor and such coverage and limits shall not limit Contractor's liability under the indemnities and reimbursements granted to CTED in this Agreement. Local Government Contractors that Participate in a Self-Insurance Program Self-Insured/Liability Pool or Self-Insured Risk Management Program—With prior approval from CTED, the Contractor may provide the coverage above under a self-insured/liability pool or self- insured risk management program. In order to obtain permission from CTED,the Contractor shall provide: (1)a description of its self-insurance program, and (2)a certificate an/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self- insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP)and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3)the Washington State Auditor's annual instructions for financial reporting. Contractor's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Contractor shall provide annually to CTED a summary of coverages and a letter of self insurance, evidencing continued coverage under Contractor's self-insured/liability pool or self-insured risk CTED/Local Government Agreement for Federal Funds 5 l SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 11. SUBCONTRACTS FOR ENGINEERING SERVICES Engineering firms must certify that they are authorized to do business in the state of Washington and are in full compliance with the requirements of the Board of Professional Registration. The Contractor f shall require that professional services providers be covered by errors and omissions insurance in an amount not less than the amount of the firm's subcontract. If the firm is unable to obtain errors and omissions insurance, the firm shall post a bond with the Contractor for not less than the amount of the subcontract. Such insurance or bond shall remain in effect for the entire term of the subcontract. The subcontract shall provide that cancellation or lapse of the bond or insurance during the term of the subcontract shall constitute a material breach of the subcontract and cause for subcontract termination. The Contractor shall cause the subcontractor to provide 30-day notice of cancellation. If the engineering firm is also the project administrator, the Contractor shall require that the bond or I insurance shall be for not less than the amount of the entire CDBG project. 12. PROGRAM INCOME Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before drawing additional CDBG or NSP funds to complete activities included in the Statement of Work. The Contractor must maintain records of program income received and expended, and annually report program income received after closeout of this Agreement, if the total amount of program income received in a single year equals or exceeds$25,000. Program Income shall be used to continue the same activities to benefit low-and moderate-income persons or, with CTED-approval,for other I activities to benefit low-and moderate-income persons. Interest earned on CDBG or NSP funds in excess of$100 must be remitted to CTED for return to the U.S. Treasury. 13. REPORTS The Contractor, at such times and in such forms as CTED may require, shall furnish periodic reports pertaining to the activities undertaken pursuant to this Agreement. These reports may include environmental review records, publication affidavits, procurement and contracting records, documentation of compliance with HUD civil rights requirements,job creation records, program income reports, reports of the costs and obligations incurred in connection therewith, the final closeout report, and any other matters covered by this Agreement. 14. ORDER OF PRECEDENCE S In the event of an inconsistency in this Agreement,the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Statement of Work and Budget 1 1 J l CTED/Local Government Agreement for Federal Funds 6 GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "Contractor" shall mean the entity identified on the face sheet performing service(s)under this Contract, and shall include all employees and agents of the Contractor. C. "CTED"shall mean the Department of Community, Trade and Economic Development or its successor agency. D. "Personal Information"shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State"shall mean the state of Washington. F. "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. i 2. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other I understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT i Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Contractor without prior written consent of CTED. 5. ATTORNEYS' FEES I Unless expressly permitted under another provision of the Contract, in the event of litigation or other j action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs. i 6. AUDIT A. General Requirements Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. CTED reserves the right to recover from the Contractor all disallowed costs resulting from the audit. CTED/Local Government Agreement for Federal Funds 1 I GENERAL TERMS AND CONDITIONS As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book)developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to CTED requests for information or corrective action concerning audit issues within thirty(30)days of the date of request. B. Federal Funds Requirements -OMB Circular A-133 Audits of States. Local Governments and Non-Profit Organizations Contractors expending $500,000 or more in a fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget(OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non-Profit { Organizations." Revised OMB A-133 requires the Contractor to provide the auditor with a jI schedule of Federal Expenditure for the fiscal year(s)being audited. The Schedule of State Financial Assistance must be included. Both schedules include: Grantor agency name I Federal agency I Federal program name Other identifying agreement numbers Catalog of Federal Domestic Assistance(CFDA) number l Grantor agreement number Total award amount including amendments (total grant award) Beginning balance Current year revenues Current year expenditures Ending balance Program total If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor in accordance with OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations." The Contractor shall include the above audit requirements in any subcontracts. 1 In any case, the Contractor's financial records must be available for review by CTED. C. Documentation Requirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9)months after the end of the Contractor's fiscal year(s)to: Department of Community Trade and Economic Development ATTN: Audit Review and Resolution Office 906 Columbia Street SW, Fifth Floor PO Box 48300 Olympia WA 98504-8300 • Corrective action plan for audit findings within three (3) months of the audit being received by CTED. • Copy of the Management Letter I 1 I CTED/Local Government Agreement for Federal Funds 2 �_ GENERAL TERMS AND CONDITIONS 7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. 2. Have not within a three-year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction,violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b)of this section; and 4. Have not within a three-year period preceding the signing of this Agreement had one or more public transactions (Federal, State, or local)terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this Agreement,the Contractor shall attach an explanation to this Agreement. i C. The Contractor agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by CTED. D. The Contractor further agrees by signing this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a) The lower tier contractor certifies, by signing this Agreement that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the lower tier contractor is unable to certify to any of the statements in this Agreement, such contractor shall attach an explanation to this Agreement. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact CTED for assistance in obtaining a copy of these regulations. 8. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information"as used in this section includes: 1. All material provided to the Contractor by CTED that is designated as"confidential'by CTED; 2. All material produced by the Contractor that is designated as"confidential' by CTED; and CTED/Local Government Agreement for Federal Funds 3 1 GENERAL TERMS AND CONDITIONS 3. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal Information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other , identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing,transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Agreement and shall not use, share,transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of CTED or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide CTED with its policies and procedures on confidentiality. CTED may require changes to such policies and procedures as they apply to this Agreement whenever CTED reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by CTED. Upon request, the Contractor shall immediately return to CTED any Confidential Information that CTED reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify CTED within five (5)working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 9. CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 10. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Agreement shall be considered "works for hire"as defined by the U.S. Copyright Act and shall be owned by CTED. CTED shall be considered the author of such Materials. In the event the Materials are not considered "works for I hire" under the U.S. Copyright laws,the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to CTED effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs,films,tapes, 1 and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Agreement, but that incorporate pre-existing materials not produced under the Agreement,the Contractor hereby grants to CTED a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, i distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants 1 and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to CTED. The Contractor shall exert all reasonable effort to advise CTED, at the time of delivery of Materials furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The Contractor shall provide CTED with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Agreement. CTED shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. ) 1 CTED/Local Government Agreement for Federal Funds 4 I GENERAL TERMS AND CONDITIONS 11. DISALLOWED COSTS i The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 12. DISPUTES Except as otherwise provided in this Agreement, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of CTED, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Agreement number; and • be mailed to the Director and the other party's (respondent's)Agreement Representative within three (3)working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5)working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10)working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 13. DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 14. ETHICS/CONFLICTS OF INTEREST In performing under this Agreement, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW )and any other applicable state or federal law related to ethics or conflicts of interest. 15. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 16. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, CTED, all other agencies of the state and all officers, agents and employees of the State, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor's performance or failure to perform the Agreement. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by I i CTED/Local Government Agreement for Federal Funds 5 I GENERAL TERMS AND CONDITIONS the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, i or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the State or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, CTED,the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the State and its agencies, officers, agents or employees. 17. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or CTED. The Contractor will not hold itself out as or claim to be an officer or employee of CTED or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 18. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, CTED may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. CTED may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by CTED under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 19. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of f local, state, and federal governments, as now or hereafter amended, including, but not limited to: United States Laws. Regulations and Circulars (Federal) I A. Audits Office of Management and Budget(OMB) Revised Circular A-133"Audits of States, Local Governments, and Non-Profit Organizations." B. Labor and Safety Standards 1 Convict Labor, 18 U.S.C. 751, 752, 4081,4082. Drug-Free Workplace Act of 1988, 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5. C. Laws against Discrimination Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs. Americans with Disabilities Act of 1990, Public Law 101-336 Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60. CTED/Local Government Agreement for Federal Funds 6 I GENERAL TERMS AND CONDITIONS Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102. Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793. Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794. Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631. Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551. Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352,42 U.S.C. 2002d et seq, 24 CFR Part 1. i Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352. Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246,42 U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60. Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR 570.607(b)). D. Office of Management and Budget Circulars Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part 225. i Cost Principles for Nonprofit Organizations, OMB Circular A-122 (if the Contractor is a nonprofit organization). Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102 (if the Contractor is a local government or federally recognized Indian tribal government). Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110. E. Other Anti-Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54. Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1,Vol. 54, No. 243\Wednesday, December 20, 1989. Hatch Political Activity Act, 5 U.S.C. 1501-8. Internal Revenue Service Rules,August 31, 1990. Lobbying and Disclosure,42 USC 3537a and 3545 and 31 USC 1352(Byrd Anti-Lobbying Amendment). 31 U.S.C. 1352 provides that contractors who apply or bid for an award of$100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 U.S.C. 1352. Each tier must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Non-Supplanting Federal Funds. Section 8 Housing Assistance Payments Program. F. Privacy Privacy Act of 1974, 5 U.S.C. 552a. I CTED/Local Government Agreement for Federal Funds 7 GENERAL TERMS AND CONDITIONS Washington State Laws and Regulations A. Affirmative action, RCW 41.06.020 (11). B. Boards of directors or officers of non-profit corporations—Liability- Limitations, RCW 4.24.264. C. Disclosure-campaign finances-lobbying, Chapter 42.17 RCW. D. Discrimination-human rights commission, Chapter 49.60 RCW. { E. Ethics in public service, Chapter 42.52 RCW. F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. G. Open public meetings act, Chapter 42.30 RCW. H. Public records act, Chapter 42.56 RCW. I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. 20. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 21. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action)shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further Agreements with CTED. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance.Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. I 23. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 24. PREVAILING WAGE LAWS All contractors and subcontractors performing work on a construction project funded through this agreement shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this agreement, including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid"as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for CTED's review upon request; or The Davis Bacon Act, 40 U.S.C. 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at CTED/Local Government Agreement for Federal Funds 8 I GENERAL TERMS AND CONDITIONS rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. 25. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Contractor which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this Agreement. A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases funded by this Agreement. The Contractor's procurement system should include at least the following: 1. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. 2. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. 3. Minimum procedural requirements, as follows: i a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. b. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. c. Positive efforts shall be made to use small and minority-owned businesses. d. The type of procuring instrument(fixed price, cost reimbursement)shall be determined by the Contractor, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. i e. Contracts shall be made only with reasonable subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. j f. Some form of price or cost analysis should be performed in connection with every procurement action. g. Procurement records and files for purchases shall include all of the following: 1) Contractor selection or rejection. 2) The basis for the cost or price. i 3) Justification for lack of competitive bids if offers are not obtained. h. A system for Agreement administration to ensure Contractor conformance with terms, conditions and specifications of this Agreement, and to ensure adequate and timely follow-up of all purchases. 4. Contractor and Subcontractor must receive prior approval from CTED for using funds from this Agreement to enter into a sole source Agreement or an Agreement where only one bid or proposal is received when value of this Agreement is expected to exceed $5,000. Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non-competitive procurement, if applicable. 26. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or CTED/Local Government Agreement for Federal Funds 9 GENERAL TERMS AND CONDITIONS concurrence under this Contract provided, however,that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. j 27. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of j Washington or CTED's name is mentioned, or language used from which the connection with the state of Washington's or CTED's name may reasonably be inferred or implied, without the prior written consent of CTED. 28. RECAPTURE In the event that the Contractor fails to perform this Agreement in accordance with state laws,federal laws, and/or the provisions of this Agreement, CTED reserves the right to recapture funds in an amount to compensate CTED for the noncompliance in addition to any other remedies available at law or in equity. 29. RECORDS MAINTENANCE I The Contractor shall maintain all books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six(6)year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally 1 resolved. 30. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 31. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, CTED may terminate the Agreement under the "Termination for Convenience"clause, without the ten calendar day notice requirement. In lieu of termination, the Agreement may be amended to reflect the new funding limitations and conditions. l 32. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall l be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable. 33. SUBCONTRACTING J The Contractor may only subcontract work contemplated under this Contract if it obtains the prior ; written approval of CTED. If CTED approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, f CTED in writing may: (a)require the Contractor to amend its subcontracting procedures as they relate i i CTED/Local Government Agreement for Federal Funds 10 { GENERAL TERMS AND CONDITIONS to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to CTED if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to CTED for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that CTED and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. I 34. SURVIVAL I The terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive. 35. TAXES All payments accrued on account of payroll taxes, unemployment contributions,the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 36. TERMINATION FOR CAUSE/SUSPENSION In event CTED determines that the Contractor failed to comply with any term or condition of this Agreement, CTED may terminate the Agreement in whole or in part upon written notice to the Contractor. Such termination shall be deemed "for cause."Termination shall take effect on the date specified in the notice. In the alternative, CTED upon written notice may allow the Contractor a specific period of time in j which to correct the non-compliance. During the corrective-action time period, CTED may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Agreement. Failure by the Contractor to take timely corrective action shall allow CTED to terminate the Agreement upon written notice to the Contractor. 1 "Termination for Cause" shall be deemed a"Termination for Convenience"when CTED determines that the Contractor did not fail to comply with the terms of the Agreement or when CTED determines the failure was not caused by the Contractor's actions or negligence. If the Agreement is terminated for cause,the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement Agreement, as well as all costs associated with entering into the replacement Agreement(i.e., competitive bidding, mailing, advertising, and staff time). 37. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, CTED may, by ten (10)business days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, CTED shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 38. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by CTED, the Contractor shall: A. Stop work under the Agreement on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Agreement; CTED/Local Government Agreement for Federal Funds 11 GENERAL TERMS AND CONDITIONS C. Assign to CTED all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case CTED has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by j the Contractor to settle such claims must have the prior written approval of CTED, and D. Preserve and transfer any materials, Agreement deliverables and/or CTED property in the Contractor's possession as directed by CTED. Upon termination of the Agreement, CTED shall pay the Contractor for any service provided by the Contractor under the Agreement prior to the date of termination. CTED may withhold any amount due as CTED reasonably determines is necessary to protect CTED against potential loss or liability resulting from the termination. CTED shall pay any withheld amount to the Contractor if CTED later determines that loss or liability will not occur. The rights and remedies of CTED under this section are in addition to any other rights and remedies provided under this Agreement or otherwise provided under law. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. 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Um0U .2Nv UU 4 LO %D 4 4* U I , a) w a) C C C O O O W N v ATTACHMENT B i STATE AND FEDERAL REQUIREMENTS AND ASSURANCES In addition to laws listed in the general terms and conditions of this Agreement, the Grantee assures compliance with the following regulations as they pertain to the local project. Contact the State if you want assistance in obtaining a copy of these regulations. A. HOUSING AND COMMUNITY DEVELOPMENT 1. Public Law 90-284, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), j + commonly referred to as the Federal Fair Housing Act, as amended by the Fair Housing Amendments Act of 1988 (P.L. 100-430) 2. Executive Order 11063, as amended by Executive Order 12259 (24 CFR Part 107) 3. The Housing and Community Development Act of 1974, as amended through 1992: Sections 109; 104 (b)4; 104 (d); and 104 (1), which prohibit discrimination and require identification of housing and community development needs; a 'residential anti- displacement and relocation assistance plan"; and adoption and enforcement of policies prohibiting the use of excessive force. 4. Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4630) as amended in 1989) 5. Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831 b) 6. Public Law 110-289, section 3, "Emergency Assistance for the Redevelopment of Abandoned and Foreclosed Homes" (also referred to as the Neighborhood Stabilization Program), of the Housing and Economic Recovery Act, 2008 (Docket No. FR-5255-1- 01) 7. The American Recovery and Reinvestment Act of 2009 B. LABOR i 1. Davis-Bacon Act, as amended (40 U.S.C. 3141 et seq.) 2. Prohibition of Use of CDBG for Job-Pirating Activities, 24 CFR Part 570.482(f), revised June 2006 C. ENVIRONMENTAL AND CULTURAL 1. The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. Section 4321 et seq., and 24 CFR Part 58) 2. The Clean Air Act, as amended (42 U.S.C. 7401 et seq.) 3. HUD Environmental Criteria and Standards (24 CFR Part 51) f 4. Executive Order 11990, May 24, 1977, as amended by Executive Order 11990: ` Protection of Wetlands (42 FR 26961 et seq.) 5. The Wild and Scenic Rivers Act of 1968, as amended (16 U.S.C. 1271 et seq.) 6. Executive Order 11988, May 24, 1977: Floodplain Management and Wetland Protection (42 FR 26951 et seq.) 7. Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.) I 8. The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) I 9. The Reservoir Salvage Act of 1960, as amended by the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.) 4'I I 10. The Safe Drinking Water Act of 1974, as amended (42 U.S.C. 300f et seq., 21 U.S.C. 349, as amended, and 40 CFR Part 149 (Environmental Protection Agency)); y 11. The Federal Water Pollution Control Act of 1972, as amended, including the Clean Water Act of 1977, Public Law 92-212 (33 U.S.C. Section 1251 et seq.) r 12. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) 13. The Fish and Wildlife Coordination Act of 1958, as amended (16 U.S.C. Section 661 et seq.) 14. The National Historic Preservation Act of 1966 (16 U.S.C. 470) 15. The Archaeological and Historical Data Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.) 16. Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 I 17. Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq. and 7 CFR Part 658) 18. Environmental Justice (Executive Order 12898), as amended by Executive Order 12948 19. Explosive and Flammable Operations (Section 2 of the Housing Act of 1949, as amended (42 U.S.C. 1441), Section 7(d) of the Dept HUD Act of 1965 (42 U.S.C. 3535(d)), Section 2 of the Housing and Urban Development Act of 1969 (42 U.S.C. 1441(a)), and 24 CFR Part 51 Subpart C) 20. Airport Clear Zones and Accident Potential Zones (Section 2 of the Housing Act of 1949 [ as amended (42 U.S.C. 1441), affirmed by Section 2 of the Housing and Urban Development Act of 1969, P.L. No 90-448, Section 7(d) of the Dept HUD Act of 1965 (42 U.S.C. 3535(d)), and 24 CFR Part 51 Subpart D) 21. Toxic Chemicals and Radioactive Materials (Comprehensive Environmental Response, I Compensation, and Liability Act of 1980 as amended by Superfund Amendments and Reauthorization Act and 24 CFR 58.5(i)) l _ i 22. Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency—40 CFR Parts 6, 51, and 93) STATE 1. Relocation Assistance and Real Property Acquisition Policy, Chapter 8.26 RCW 2. Prevailing Wages on Public Works, Chapter 39.12 RCW 3. State Environmental Policy Act (SEPA), Chapter 43.21 C RCW 4. State Building Code, Chapter 19.27 RCW; Energy Related Building Standards, Chapter 19.27A RCW; and Provisions in Buildings for Aged and Handicapped Persons, Chapter 70.92 RCW 5. Interlocal Cooperation Act, Chapter 39.34 RCW 6. State Environmental Policy Act (SEPA), Chapter 43.21(C) RCW 7. Noise Control, Chapter 70.107 RCW 8. Shoreline Management Act of 1971, Chapter 90.58 RCW 9. Governor's Executive Order 89-10, December 11, 1989: Protection of Wetlands, and Governor's Executive Order 90-04, April 21, 1990: Protection of Wetlands l i i i 0 0Q STATg o 1889 TX NU,R1` IAP� #'A1Tti1ErNT %1. .1' ITX TAC)lE, y:ND;;. a` ; < ! ECO,N( f tlG=;DE La-Plvt'P 12�- 70u Avenue SC�Y Pa B&42525`�;pl iri ►a' 7, Y, P Washirig'fon 98S©4=252 (36U0`725- -r4 February 23, 2009, The Honorable Suzette Cooke Mayor of Dent 220 4th Avenue South Kent, WA 98032 Dear Mayor Cooke: I am pleased to inform you that the Department of Community, Trade and Economic Development (CTED) is awarding up to $475,264 to fund Neighborhood Stabilization Program (NSP) activities in the City of Kent. This award is contingent upon CTED's receipt of the Neighborhood Stabilization Program agreement from the U. S. Department of Housing and Urban Development (HUD), This letter allows the City of Kent to begin incurring costs as of February 18, 2009, in an amount not to exceed ten percent of the award for the following activities needed to begin your project and not requiring an environmental review. • Administration: including staffing, travel and other administrative expenses; • Preliminary environmental studies and review of 24 CFR 58.5 laws and authorities including Section 106 of the National Historic Preservation Act of 1996; • Preliminary engineering feasibility studies to the extent needed for environmental assessment; and • Subrecipient agreements or professional service contracts for any of the above activities. All eligible costs will be reimbursed by CTED after an interlocal agreement between the CTED and the City of Kent has been formally executed and an environmental review is complete. All costs to be reimbursed must comply with applicable state and federal requirements. Costs for activities that require an environmental review cannot be incurred, nor can HUD or Non- HUD funds be committed(Refer to 24 CFR 58,22), until specific procedures required by the State ' Environmental Policy Act (SEPA) and the National Environmental Policy Act (NEPA) have been completed and the time period for public review, if applicable, has expired. The'-Honq�*e_ ,Suzette Cooke - Feb' 1 'i 7r - �r t'v, y" 1' 'a fr 1. "i i �r',rr- r..'t„�1-n 'y' ?'S=.c- �a'"�.�;<�}7: '3,Y'¢'..';a! 3�1' ""'li'�, i. '.J,u%4,,. ',.J; Ae�^1�:' ..,%•S,`y 81+�� -t"+l:� rnl.,q. .[jX�'.H},� ..Mn '.. '�4� Mf '��,:. :a ,.Zr,' `,p� ..,\�> .i' , -r,, l"'r'7•Eh�.n '1. �•�ri ,rf ssf_,r ;'1, Cj^T2 �.7- fire F';`" ,>b; •e r„,,ir- � z :lo's�5yn,' '�fi"Px t'7��;r �YI.1^. -err=•:Z G-7"r,f�r!' ,a. ,,.�+ ��'s zr1�a;"%;;Y-, a4,'-.:`'^',^r+,`t: - - .,`r - - � 1I"il�`Li11�I1('il�� _ ',r 5.>,, fit- J; t'`• n''��' t„�-', - ,p-;�O'�'1''8lT'$,�� ��1fiht •'aIi 1 - �t'-- 4, , ftteriicl.'a ree 'ent'is'`fo r,`�•�e��T��`t�:•suF��mit, t�l'�'��;`la�i_�Co ' •,-, , ThJTD,-which is'duey rpril 1',2009. I expect'the pity and state 1<]S ' staff to,`fi'nallie art interlodal agreement as quickly as possible and no later than`July 1, 2009. Delays by the city in executing'a final agreement may lead to the rescission of this award. In the event the grant award is rescinded, the resources will be,redirected to an eligible Neighborhood Stabilization Program project that is ready to proceed. ' Icon ratulate you and - g y your staff for your efforts thus far. If you have any questions about this letter or your award, please contact Bill Cole at(360) 725-3005 or via email at billc@cted.wa.gov. We look forward.to working with you on this worthwhile project. Sincerely, are in, sistant Director Local Gove ent Division icc: Dinah Wilson, CDBG Coordinator Kent City Council Meeting Date September 1, 2009 Category Consent Calendar - 6E 1. SUBJECT: KING CONSERVATION DISTRICT GRANT AGREEMENT FOR THE URBAN FOREST RESTORATION PLAN - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the King Conservation District Grant Agreement in the amount of $95,000 to fund the creation of an Urban Forest Restoration Plan, amend the Urban Forestry Budget, and approve the expenditure of funds. Staff applied for and received a grant for $95,000 from the King Conservation District to fund the creation of a 20-year urban forest restoration plan and stewardship program. The majority of these grant funds will enable staff to hire 1 Cascade Land Conservancy, a regional leader in "Green" partnerships. The balance of the grant funds will be used to offset some staff costs to collaborate on the deliverables for the project. 3. EXHIBITS: Grant Agreement 4. RECOMMENDED BY: Parks and Human Services Committee (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 tDISCUSSION: ' ACTION: :63 AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT City of Kent,Parks Department This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton, j WA 98057 (referred to herein as"District"), and the City of Kent,Parks Department, a municipal corporation in King County, Washington, located at 220 4" Avenue S., Kent, WA 98032 (referred to herein as"Recipient"),for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands; and 1.2 Whereas,pursuant to RCW 89,08,400,King County has authorized and imposed a. system of assessments to finance the activities and programs of the District; and . 1.3 Whereas, pursuant to RCW 89.08,220, RCW 89.08.341 and/or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, in older to carry out and facilitate the activities j and programs of the District to conserve natural resources; and f 1.4 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policies and procedures for awarding grants; and 1.5 Whereas, the District and Recipient desire to enter into this Agreement.for the purpose of-establishing the terms and conditions relating to the District's award of a grant to Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Ninety-Five Thousand Dollars ($95,000.00) from 2006-2008 and Returned Assessment Funds. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District's policies and procedures, including but not limited to, the policies and procedures contained in the Member Jurisdiction & WRIA Forum Grant Application Instructions and Policies, provided that such funds have been collected and received by the District. Page 1 of 4 64 l 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph*3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended or remain after completion of the work covered by this Agreement. l 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be i purchased were constructed before floodplain snapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. l 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due June 30 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The l final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or i challenges which were encountered .during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If regtiested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and acc6unted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington("BARS"). 1 Page 2 of 4 �_ 65 i i 2.8 The District or its representative shall have the right from time to time, at reasonable intervals,to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. I 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in.a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to I ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected ( or appointed officials, employees and agents,from all claims, alleged liability, damages,losses to ( or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with j tlus Agreement. 2♦12----Recipient agrees to acknowledge the District as a source of fariding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns: 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. i 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4 Each party warrants and represents that such party has Ul and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. Page 3 of 4 6� f DISTRICT:. RECIPIENT: By By Name Name t Title Title I Date Date Approved as to Form: Approved as to Form: I DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: I By By f r Name zr : F,-,MQdj Name Date 3 Date l f I f I 1 Page 4 of 4 I 67 Member Jurisdiction �ilD & WRIA Forum Grant Program King Conservation District Grant Application i Project Title: Green Kent Partnership Applicant: City of Kent Parks Department Contact: Victoria L. Andrews Principal Partners(if any): Title: Special Programs Manager Kent Public Works Department, King Address: Conservation District, Cascade Land 220 4u' Ave. S. Conservancy, EarthCorps, Kent School Kent, WA 98032 1 District Total Project Cost: $112,102 WRIA Funding❑Jurisdiction Funding KCD Funding Requested: $95,000 Phone: 253-856-5113 Project Start Date: August 2009 Fax: 253-856-6050 Project-End Date: December 2010 E-mail: vandrews@ci.kent.wa.us i. Project Description -- provide a brief description of the project that summarizes what you will do, how you will do it,and why you will do it. Consider the following in the answer to this question:what pressing need will be addressed by the project or what promising opportunity will be capitalized on? Who or what will benefit or be positively and negatively affected?. The City of Kent wants to develop a 20-year action plan to manage our natural areas, including urban forests and open spaces. Without active management, Invasive species will strangle existing trees and shrubs and suppress natural regeneration of native species. In the past 10 years, Kent Parks has prepared and implement urban forestry management plans at nine park sites: Campu's Park, Salt Air Vista Park, Morrill Meadows Park, Clark Lake Park, Scenic Hill Park, Briscoe Park, Glenn Nelson Park, Turnkey Park and the northwest portion of West Fenwick Park. Most of the urban forestry plans have been funded with King Conservation District grants. I The Parks Department's goal has been to conduct the assessment and Implement the plan recommendations at one park or open space each year. But, with 82 parks and open spaces in Kent plus additional urban forests managed by Public Works, this Is a long-range goal. Over the past several years, the Public Works Department has been engaged in a similar effort to assess each City-owned wetland and is mid-way through that project. To utilize resources efficiently and create a cohesive, 20-year plan, Member Jurisdiction&WRIA Forum Grant Program,Application • July 21,2008 • Page 9 of 11 6� Kent Parks and Public Works will partner in the use of KCD funds so that all City- owned urban forests and opens spaces can be included. Our action Ian will: i Inventor rank, prioritize and describe management p ) Y, actions needed in natural areas throughout the City. We will: 2) describe current management efforts underway In each area (If any) and assess how to best f accomplish work needed In each tract, i.e. in-house, volunteers, contractors or a '. combination. We will: 3) Identify and prioritize "corridor forests"that can be used or developed to provide wildlife passage between high-value forested tracts Is another goal. Finally, we will: 4) determine how best to supplement existing volunteer resources and priority areas needing dedicated volunteer stewards, then recruit and train volunteers to become stewards. I Cascade Land Conservancy (CLC) has developed a program that is fully established in Seattle (since 2005) and Is in the process of being implemented in Kirkland, Redmond and Tacoma.. In partnership with CLC, we will assess our needs, Identify existing resources and methods, develop our 20-year plan and , engage the community. I Utilizing our existing volunteer base, we will build a volunteer forest steward network, so citizens will feel even greater ownership of our public lands. Staff f will have access to updated Information and resources and be able to plan for specific restoration needs. A comprehensive and successful Green Kent Partnership will enable the City to sustain future funding from other sources. f In the past, it has been difficult to demonstrate to the public the long-term benefit of removing invasive species. But in the past two years, over 5,200 volunteers from corporations, scouts, church groups, service clubs and students r have contributed more than 18,000 hours at volunteer events at these parks. Interpretive signage at Lake Fenwick and Clark Lake.Parks has also raised f awareness among casual visitors. Public support has developed into informal. stewardships that supplement and enhance maintenance staff efforts. One of those informal stewards has recently been hired as a native plant maintenance Intern and another is a trained watershed steward who leads monthly restoration work parties at Clark Lake Park. 2. Natural Resource Improvement Actions -- describe how the project will address a minimum of one of the natural resource Improvement actions described on page 1 of the application Instructions. Consider the following In your answer to this question: i What natural resources will he improved?What are the known needs, gaps or deficits that will be addressed? What are the known benefits to soil, water, air,plants, fish and I wildlife, landowners? This project addresses three natural resource Improvement actions: education and outreach, capacity building and direct improvement of natural resource conditions. Natural areas strengthen local neighborhoods, improve property Member Jurisdiction&WMA Forum Grant Program,Application 9 July 18,2008 • Page 9 of 11 69 i values and make communities more attractive and vibrant. While both Kent Parks and Public Works have collected some data Independently, we do not know what percentage of Kent's open space are forested natural areas. But we do know that with no intervention, Invasive vegetation will out-compete native plants. We have seen what concentrated restoration efforts by Parks staff and volunteers have accomplished in areas of Clark Lake Park, Lake Fenwick Park (two of our largest open spaces with urban forests) and West Fenwick Park. A goal is to encourage the return of coho salmon with sustained native planting areas along the stream bed that flows north out of Clark Lake Park to the Soos Creek Watershed. At Lake Fenwick Park, once English ivy has been removed, erosion must be controlled by planting native plants and repeat applications of cardboard and wood chips. At.West Fenwick Park, adjacent landowners complained that overgrown vegetation was increasing vandalism and illicit activity in the park. Volunteers at Arbor Day events there the past three years have cleared all but one remaining section of wooded area and replanted with native trees and shrubs. We need to address how to Implement long-term management strategies in all of our public open spaces, and Green Kent will give us the blueprint and a corps of stewards to help us utilize existing resources wisely. 3. Project Activities and Measurable Results - using the table below, list specific project activities to be completed,the timetable for the activities, and the deliverables associated with those activities. Consider the following In your answer to this question: What actions, interventions,programs,services will be deployed? Activity Description Deliverables Timeline 1. Internal Planning Meetings Commitment on scope of Nov. 2008- work, grant application June 2009 submitted 2. Presentations to Kent Parks Authority to proceed July-August Committee & City Council immediately upon receipt of 2009 requesting project approval grant funds contingent upon fundin 3. Develop and submit RFP Contract awarded August- Sept. 2009 4. Baseline assessment Assess current conditions of Sept.-Dec. native and invasive species 2009 In all parks and open spaces (possibly Including adjacent, city-owned wetlands) 5. Capacity assessment Identify existing resources Winter- and methods to Increase Spring 2010 efficiency, reduce redundancy and Improve Member Jurisdiction&WRIA Forum Grant Program,Application • July 18,2008 • Page 10 of 11 70 existing programs 6. Develop long-term plan to 20-year plan, including By Spring lead partnership, ensure budget and 2010 sustainability of program Implementation, is produced and printed 7. Engage community Outreach to neighborhood August 2009 l f associations, businesses, - Dec. 2010 "friends of" groups, churches, scout troops and others near priority areas ' 8- Build a local forest stewards Recruit and train a June - Dec. network minimum of 10 citizens to 2010 help implement the 20-year plan via monthly I restoration efforts 4. Effectiveness(see page 2 of application instructions for definition) - describe how the , project will effectively implement the natural resource improvement measures Identified in question No. 2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed ' l program/service/intervention? What is the capacity of the primary applicant to deliver the proposed program/service/intervention?What tools,services and partners will be brought to bear? Public land is managed by the City of Kent. The Parks Department staff includes several certified arborists as well as credentialed project managers experienced r In natural resource Improvement and volunteer management. The Public Works Department includes environmental conservationists and engineers, wetland l biologists and site managers. Cascade Land Conservancy is Washington's largest independent land conservation and stewardship organization. Over the past decade, CLC has led the conservation of more than 150,000 acres. 5. Efficiency(see page 2 of application instructions for definition) - describe how the project will efficiently implement the natural resource improvement measures Identified in question No. 2 above. Consider the following In your answer to this question: How will the proposed program/service/Intervention engage in conjunction with related efforts?How does your strategy best leverage resources? Kent Parks and, to a lesser extent, Public Works Departments, currently manage volunteer programs that restore and maintain forest and critical areas. Annual community events draw 100+ volunteers to priority parks such as Clark Lake Park, Lake Fenwick Park and West Fenwick Park. Groups are encouraged to adopt other parks for seasonal or one-time weeding and clean-ups. Kent Parks recently created a native plant maintenance Intern position to concentrate on new native plantings at Clark Lake Park and Lake Fenwick Park. During 2009- 2010, as the 20-year forest restoration plan is created, the City's Member Jurlsdictlon&WRIA Forum Grant Program,Appilcatlon • July 18,2008 • Page 11 of 11 71 Comprehensive Improvement Plan and existing master plans will continue to evolve and volunteer events will be maintained at their current levels. 6. Equity(see page 2 of application instructions for definition) - describe how the project will equitably Implement the natural resource improvement measures identif led in question No. 2 above. Consider the following in your answer to this question: In what part of the District will the proposed program/service/intervention occur? Who Is the target audience and what demographic section of the community will be affected? The program is being implemented in Kent, King County. Target audiences are 1 park and other public land neighbors, current volunteers and park users of all ages. 7. Evaluation of Intended Results -- describe the evaluation mechanisms you will use to track,document, and report that the project has achieved the intended results described in questions 1-3. A 20-year plan will be produced and volunteer stewardship training will be conducted. A public education campaign will include several press releases regarding our progress and a public meeting at the release of the 20-year plan. 8. Project Budget & Expenses 1 Budget item KCD Funds Other Funds Other Funds Total (City of Kent) (specify) Salaries and Benefits $21,650 $17,102 $38,752 Travel/Meals/Mileage Office/Field Supplies Contracted/ $73,350 $73,350 Professional Services Land Acquisition Permits Other(specify) Other(specify) Other(specify) TOTAL $95,000 $17,102 $112,102 9. KCD Acknowledgement- Describe how the KCD will be acknowledged as a source of funding for the proposed program/service/intervention (see Grant Program Overview & Policies, General Grant Program Policies, #6). King Conservation District will be acknowledged in initial and progress press releases, on Kent-TV-21 by the Kent Parks Committee and City Council during their televised meetings, on the City's website, and in the appropriate quarterly Member Jurisdiction&WRIA Forum Grant Program,Application • July 18,2008 • Page 12 of 11 Program Guide, which is distributed to 50,000 residents. A public meeting will i be held to debut the 20-year forest restoration plan. Authorized Signature Date l � l i l I 1 Member Jurisdiction&WRIA Forum Grant Program,Application • July 18,2008 • Page 13 of 11 1 Kent City Council Meeting Date September 1, 2009 Category Consent Calendar - 6F 1. SUBJECT: CASCADE LAND CONSERVANCY CONSULTANT AGREEMENT FOR THE URBAN FOREST RESTORATION PLAN - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with Cascade Land Conservancy in the amount of $73,310 to create an Urban Forest Restoration Plan, to amend the budget, and to authorize expenditure of the grant funds. The Cascade Land Conservancy (CLC) has developed a successful urban forest restoration program utilizing trained volunteer stewards in Seattle. These "Green Partnerships" are now being implemented in Kirkland, Redmond, and Tacoma. CLC cemented its regional presence in 2005 by spearheading the Cascade Agenda, a coalition whose vision is to protect quality of life by balancing urban growth/economic development with natural resource protection throughout Puget Sound. As part of the implementation phase, CLC has been working with cities in the region to help them develop plans to best manage their publicly owned urban forest land. This organization has the capacity to provide the full range of services we need to create a successful "Green Kent Partnership." Staff is requesting to contract with CLC to create a Green Kent Partnership in order to implement a 20-year urban forest restoration plan for the City of Kent. For efficiency, Kent Parks and Public Works have agreed to partner in the use of King Conservation District funds so that all City-owned urban forests can be included in the plan. The estimated cost of the project is $95,000, and the funding source is a grant from the King Conservation District, which grant is being brought to Council to approve at this same council meeting. 3. EXHIBITS: Grant Agreement and Sole Source Memo 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: i Councilmember moves, Councilmember seconds DISCUSSION: ACTION: KENT WASHINOTON I I CONSULTANT SERVICES AGREEMENT between the City of Kent and Cascade Land Conservancy THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cascade Land Conservancy organized under the laws of the State of Washington, located and doing business at 615 Second Ave #600, Seattle, WA 98104 P: 206-292-5907 F: 206-292-4765 (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: Establish baseline ecological condition of forested and natural areas, Coordinate a community and civic capacity assessment, Create restoration and long-term management plans, Engage the community in a coordinated effort of restoration and management, and Build a local forest stewards network to create a "Green Kent Partnership" within the City of Kent as described in the consultant's proposal dated August 3, 2009 attached and incorporated as Exhibit A. I 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 within 18 months. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy Three Thousand Three Hundred Ten Dollars ($73,310.00) for the. services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - I I 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 f 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 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: i 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 I 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) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IIT 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. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be CONSULTANT SERVICES AGREEMENT - 3 i responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials.- Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. 1 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.. I 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 l to settle any dispute, - difference or claim arising from the parties' performance of this I Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. 1 D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the 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 1 the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or-altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 /n..-- A.1 11 rlrlr) 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 i 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: �I l NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Ara Erickson Victoria Andres Cascade Land Conservancy City of Kent 615 2"d Ave #600 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 206-292-5907 (telephone) (253) 856-5113 (telephone) 206-292-4765 (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: I Kent Law Department Cascade Land Conservancy—Green Kent Partnershlp CONSULTANT SERVICES AGREEMENT - 5 /near 4tin_nnni DECLARATION I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. t 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. 1 2. During the time of this Agreement I will not discriminate in employment on the basis of f sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. f 3. D the time of this Agreement the rime contractor will provide a written statement to ` During h g p all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth I above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 12009. By: For: Title: 1 Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY i NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1 1. Provide a written statement to all new employees and subcontractors indicating } commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. 1 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 j policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. I EEO COMPLIANCE DOCUMENTS - 2 r CITY OF KENT l EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT I This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the j 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 12010. j By: For: I Title: Date: 1 EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT B i INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. i A. Minimum scope of Insurance Consultant shall obtain Insurance of the types described below: 1. Automobile Liability Insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance �I Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 1 . 1 EXHIBIT B (Continued) i C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or Insurance pool coverage maintained by the City shall be excess of the Consultant's { Insurance and shall not contribute with It. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mall, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as 1 additional Insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall l also contain a clause stating that coverage shall apply separately to each s insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. l D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage 1 Consultant shall furnish the City with original certificates and a copy of the 1 amendatory endorsements, including but not necessarily limited to the l additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. I I I PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 220 4TH Ave S Kent, WA. 98032-5895 K E NOT Fax: 253-856-6050 W A S H I N G T O N Phone: 253-856-5100 i Memorandum ( DATE: August 10, 2009 TO: Mayor Suzette Cooke FROM: Victoria L. Andrews, Special Programs Manager CC: Jeff Watling, Director, Parks, Recreation and Community Services RE: Cascade Land Conservancy - Sole Source Staff.is requesting a written determination waiving the bidding requirements as allowed in Section 3.70.080 Kent City Code (Number 1.1.10 City of Kent Administration Policy) to contract with Cascade Land Conservancy (CLC). This work will create a 20-year urban forest restoration plan. For efficiency, Kent Parks and Public Works have agreed to partner in the use of KCD funds so that all City-owned urban forests can be included in the plan. The estimated cost of the project is $95,000, and the .funding source is a grant from the King Conservation District. CLC cemented its regional presence in 2005 by spearheading the Cascade Agenda, a coalition whose vision is to protect our quality of life by balancing urban growth/economic development with natural resource protection throughout Puget Sound. As part of the implementation phase, CLC has been working with cities in the region to help them develop a plan for the municipality to best manage its publicly owned urban forest land. This organization has the capacity to provide the full range of services we need to create a successful Green Kent Partnership. We believe it is in the City's best interest to work solely with CLC because it has developed a successful urban forest restoration program utilizing trained volunteer stewards in Seattle. Urban forest plans have been created and Green Partnerships are now being implemented in Kirkland, Redmond and Tacoma. CLC has sought out Kent as its next partner. Kent has a strong foundation to work with. The stewardship that we have fostered through our volunteer programs will serve as a great starting point for this work. �l � Su t Cooke Dat i `9pv aoo➢ 00 1, CASCADE LAND CONSERVANCY CONSERVING GREAT LANDS �'`e °IN�tiy�r CREATING GREAT COMMUNITIES I August 3,2009 Dear Victoria, Kent, like many cities in the Puget Sound region, is a rapidly growing and changing city. However, by continuing to address the challenges posed by growth the city supports several key elements that provide a high quality of life: smart housing, friendly neighborhoods, attractive business opportunities, and distinct natural areas and open spaces for wildlife and recreation. f Maintaining these elements for the long-term requires careful planning and continuous stewardship.This proposal,to assess and steward Kent's forested natural areas, demonstrates the City of Kent's foresight and leadership in initiating and preparing for the long-term Imanagement of natural areas that make a high quality of life possible. Cascade Land Conservancy is pleased to submit the enclosed materials that demonstrate our capacity to provide the full range of requested services and programs. Working alongside Parks and Recreation and Public Works staff, we will create a long-term stewardship program based on sound science and community engagement:The Green Kent Partnership. Upon conclusion, i our services will not result in yet another plan to file on the shelf, but rather a lasting program that leaves a legacy for future generations. Our proposal includes a description of our approach, scope of work, budget and timeline in iaddition to qualifications,and project experience. We look forward to this opportunity. Please feel free to contact me if you have any questions at 206-905-6923 or arse@cascadeland.org. Sincerely, ArcvFrtcks&w Green Cities Director MAIN OFFICE — 615 Second Avenue,Suite 600 Seattle,WA 90104 — P. 206.292.S907 — E 206,292.4765 KING COUNTY ^' KrrnTAS COUNTY — MASON COUNTY — RMCF COUNTY — SNOMOMISH COUNTY CASCADELAND.ORG INFO@CASCADELAND.oRG v.i„reo an Idah vn,,.Cu—a N s.,n.vre '.unry h,a I 1 Initiating the Green Kent Partnership ��,4 adds Scope of Work for Cascade Land Conservancy 1 did ' ,T Submitted to Kent Parks and Recreation a'�``� August 3"d, 2009 1 Introduction Parks and open spaces are an important component of cities.They are public assets that beautify and strengthen our local neighborhoods,protect native wildlife habitat in our urbanizing cities and towns, and provide valuable green infrastructure services including greenhouse gas reduction and flood control. I Cities in the Puget Sound region are fortunate to have a legacy of forested parks and open spaces. The dramatic increase in invasive plant species,however,coupled with passive management,is i resulting in many of out urban forests and other natural habitats losing valuable tree canopy and native understory.The Cascade Land Conservancy's Green City Partnerships program works to reverse this loss by helping to restore and protect out important legacy of parks and natural areas . that form the basis of healthy,vibrant urban communities. The Green City Partnerships are public-private ventures between the Cascade Land Conservancy, local government agencies, businesses,non-profit organizations,and community members to develop civic-based stewardship programs for urban forests and open spaces within cities. Green City Partnerships build a city-wide strategic vision for urban forest restoration and long-term care by identifying present conditions,assessing current capacity,and providing a full account of the resources required to realize this vision in a 20-year plan of action for each city.The long-term strategy embodied in these plans then becomes the driving force to engage community groups and build a network of support to achieve forest and natural area restoration goals for the entire park and open space systems within each municipality. I A Green Kent Partnership will accomplish the following four goals: • Develop a tangible,practical strategic plan with both short and long term goals towards restoring and maintaining a fully sustainable system of Kent's urban forests and natural areas.This plan assigns responsibilities,determines costs, and helps to build the necessary long-term stewardship capacity needed to maintain the progress achieved; l) • Galvanize an informed,involved,and active community around a comprehensive vision of stewardship of urban forests and natural areas throughout Kent; • Connect people to nature and improve the quality of life in cities by restoring urban forests and other urban open spaces;and • Improve urban forest health,and enhance urban forest long-term sustainability,by removing invasive plants,re-establishing native plant communities and maintaining functional native forests. The Green City Partnership model is demonstrating success in Seattle,Kirkland,Tacoma,and 1 Redmond.By initiating a Green Kent Partnership,there is a great opportunity to continue to coordinate management of our forested parks and open spaces throughout the region,as well as build on the experience of existing programs.A successful partnership allows these forests and natural areas to function as part of a larger,more ecologically viable landscape and ensures lasting sustainability. J Green Kent Partnership Scope of Work:Cascade Land Conservancy Page I of 7 l- i Objectives and Deliverables A. Green City Partnership Planning Phases Phase A -Establish Baseline Ecological Condition of Forested and NatuialAreas • Assess current conditions of native and invasive species in parks and open spaces using our tree-iage prioritization tool. • Determine desired future conditions for parks and open spaces. • Collect and document other ecological site conditions as needed to help plan for long-term restoration and stewardship. i • Hold focus group with community members and City of Dent staff to begin determining priority sites. i • Create city-wide map displaying current forest conditions and restoration priorities. Deliverables: o Tree-iage maps and summary data for each park and natural area managed by Kent Parks and Recreation and Public Works. 1 o Identification of priority sites PhaseA2-Coordinate a commtnity and civic capacity assessment • Identify current civic involvement in urban forest stewardship and volunteerism. • Identify current and potential future policies, staffing levels,and funding related to urban forest stewardship and volunteer involvement and how best to apply to program implementation. • Create public involvement plan to bring community and civic capacity together and identify potential future community participation in urban forest stewardship. • Provide recommendations for how civic and community groups can leverage current resources to increase urban forest stewardship activities. Deliverables: o Summary of findings table with supporting documentation, outlining policy, community, and agency infrastructure and status relative to the challenge and opportunities for restoration and stewardship in Kent. o Summary of recommendations for improving upon current stewardship program and building a Green Kent Partnership. PhaseA3- Create restoration and long-term managementplans • Incorporate baseline ecological condition information and capacity assessment information into a comprehensive 20-year plan for a partnership between local municipalities and the community to restore and maintain the entire range of their shared urban forest and natural area resources. • Develop timeline,budget,and implementation for 20-year program. Deliverables: o 20-year forest and natural area stewardship plan, including implementation timeline and estimated budget B. Green City Partnership Implementation Phases Phase B I -Engage the community in a coordinated eon of restoration and management • Based on information contained in the capacity assessment,identify neighborhood associations,business districts, civic organizations, "friends of groups, faith-based organizations,and restoration/stewardship organizations within close proximity to priority areas to target for an outreach program. i Green Kent Partnership Scope of Work Cascade Land Conservancy Page 2 of 7 • Develop outreach materials (e.g.,handouts,flyers,presentations,website) to distribute to targeted groups. • Conduct outreach presentations to targeted groups through presentations,meetings,and/or tours of priority areas. • Develop tracking mechanisms for volunteers and restoration work. 5 Deliverables: i o Outreach materials ■ Green Kent Partnership logo and associated branding guide ■ Green Kent Partnership website outlining program goals,resources, 1 and how to get involved ■ Brochure and poster for general distribution ■ Event flyer template I ■ Poster and site-specific signs for advertising restoration activities in parks and natural areas ■ PowerPoint presentation that can be tailored for a variety of uses ■ 2 vinyl banner for outreach booths ■ Outreach tracking spreadsheet o Tracking mechanism for volunteers and restoration progress o Minimum number of outreach presentations will be determined by City of Kent staff and Cascade Land Conservancy during community capacity assessment phase o Community members recruited to participate in late summer/fall 2010 restoration events Phase B2-Build a local forest stewards network • Recruit citizens who will take a leadership role in coordinating restoration efforts in targeted areas by becoming Forest Stewards. ` • Provide training opportunities and field guides for forest stewards. • Provide support for forest stewards to implement restoration work,including volunteer t management and field supplies. Deliverables: o Forest Steward program recruitment plan o Forest Steward training materials o First Annual Forest Steward training hosted in late fall 2010 Ongoing-Green City Network As the number of cities participating in Green City Partnerships increases,a vital,region-wide urban forest network is growing,giving opportunities to share best management practices across jurisdictions, exchanging lessons learned and trouble-shooting,and pooling together support for a collective vision of Puget Soun&s urban forests.As a member of the Green City Network,the City of Dent will be provided the following benefits: • Partnership-level training programs,best management practices,forest stewardship guides and publications,and partnership tracking tools.These resources will be updated as practices change and new tools are developed and will be available to all member cities. • Collaboration with established network of Green City Partnerships and other partners. • Access to centralized administrative,organizational,and technical support provided by the i Cascade Land Conservancy. 4 Green Kent Partnership Scope of Work: Cascade Land Conservancy Page 3 of 7 �-�?r(,` � t - _ - u it y � avo } _ _ .Q , i - 6 - - - i - lam' a - - - - _ r _ _ H o - t� a L o so a o a =w = _E' i - - T u ErT- ° G Y G W _-m �� _ a mac= aci =. o 'r*+ F r m m p — I Proposed Budget Hours Hourly Rate 2009 2010 Cost Phase Al: Baseline Ecological Condition VP Stewardship $150 4 $600 , Green Cities Director $1 10 40 $4,400 Green Cities Project Associate $75 40 $3,000 Data Collection/GIS estimated $10,000 Subtotal $18,000 Phase A2: Capacity assessment VP Stewardship $150 2 2 $600 I Green Cities Director $1 10 40 10 $5,500 I Green Cities Project Associate $75 60 40 $7,500 f_ Subtotal $13,600 1 Phase A3: 20-year Plan VP Stewardship $150 8 $1,200 Green Cities Director $1 10 40 $4,400 Green Cities Project Associate $75 120 $9,000 Editor/Graphic Design (Subcontractor) estimated $5,000 Subtotal $19,600 Phase BI: Engage Community VP Stewardship $150 4 $600 Green Cities Director $1 10 10 16 $2,860 1 Green Cities Project Associate $75 20 90 $8,250 Subtotal $11,710 Phase B2: Forest Stewards Network VP Stewardship $150 2 $300 Green Cities Director $1 10 20 $2,200 Green Cities Project Associate $75 80 $6,000 I Subtotal $8,500 Travel at cost estimated $600 r Printing at cost estimated $1,300 J Total $73,310 l 4 Green Kent Partnership Scope of Work:Cascade Land Conservancy Page 5 of 7 I Cascade Land Conservancy's Project Experience Green Seattle Partnership: In recognition of the need for long-term stewardship of Seattle's forested parklands and green belts, the City of Seattle and the Cascade Land Conservancy joined together to form the Green Seattle Partnership (GSP). Guided by an innovative 20-Year Strategic Plan,the GSP employs strong science and innovative restoration strategies,in order to: 1) restore all 2,500-acres of forested parklands throughout the city;2) foster an oe !-k informed,involved and active community of stewards,including youth;and 3) ensure the sustainability of forested parklands by insuring proper maintenance and stewardship over time.To date the GSP has enrolled hundreds of acres into its four-phased 1 restoration approach, engaged more than 75 active community Forest Stewards to lead volunteer and restoration events,and increased volunteerism to more than 80,000 hours annually. Green Tacoma Partnership:The Cascade Land Conservancy initiated the Green Tacoma Partnership (GTP)with the City of Tacoma in order to create a sustainable open space program supported by a broad coalition of-community organizations.This multi-agency,community partnership was instrumental in developing the Open Space Habitat and Recreation Plan to prioritize restoration, acquisition,and maintenance of City-and Metro Parks-owned open spaces over the next 20 years. During this planning process,the GTP increased community capacity for open space-stewardship and developed a volunteer training program for event planning and best management practices for restoration.Future trainings will include critical area permit process,grant writing,and land use policies. ! Green Kirkland Partnership:Inspired by the vision and progress of the GSP, the City of Kirkland partnered with the Cascade Land Conservancy to launch a similar community stewardship program known as the Green Kirkland Partnership.This project has included: 1) a park-wide inventory and analysis of the forest canopy and the extent of invasive species cover within forested park lands; 2) an in-depth analysis of city programs,staff,funding and community l organizations that contribute or potentially inhibit stewardship opportunities in the City with recommendations for increasing stewardship capacity;3) public engagement and volunteer recruitment;4) development of a 20-Year Forest Restoration Plan. Currently,the program is hosting monthly work parties—which draw close to 100 volunteers per month—and is forming their Forest Steward program and network. Green Redmond Partnership:Building off of the success of our Partnerships in Seattle,Tacoma,and Kirkand, the Green Redmond Partnership (GRP)was launched to bring together fragmented existing stewardship efforts and create a strong,unified community restoration program for Redmond. Initial capacity assessments were conducted to identify the needs of Redmond's urban forest and the desires of its residents. These were used to formulate goals and benchmarks for restoring and maintaining all 1,035 acres of the forested park system, and were written into a 20-Year Forest Management Plan,published this May.Planning and community outreach efforts have promoted the GRP's first season of volunteer events and recruited a team of 10 active volunteer Forest Stewards to lead restoration sites in their own neighborhoods. By collaborating with stakeholders across the city,the GRP will reach its goal of doubling Redmond's volunteer stewardship hours in its first year,and increasing hours tenfold by the fifth year of the program. Green Kent Partnership Scope of Work:Cascade Land Conservancy Page 6 of 7 Project Personnel John Floberg, VP Stewardship, oversees the stewardship of Cascade Land Conservancy's fee- based and easement lands, directs and manages fee-based consulting services on non-Cascade Land Conservancy lands, and oversees the Green City Partnership program. Previously,John worked for the Nature Conservancy developing place-based strategic plans and led outreach efforts to distribute science and planning information.John has 20+ years in the conservation field and holds an MBA from Rochester Institute of Technology, an M.S. from the Field Naturalist Program at the University of Vermont,and a B.S.in Biology from the University of Richmond. Ara Erickson, Green Cities Director, leads the Green City Partnerships program — a unique program which develops public-private partnerships with municipalities to build community-based I stewardship programs for forested parklands and natural open spaces.Ara has 10 years in the natural resource and urban forestry fields, with experience in community involvement and education, field data collection and analysis,natural resource planning and management,spatially-based research,and f project management.Ara holds an M.S.in Urban Forestry from the University of Washington and a B.S.in Resource Management and Forestry from University of California,Berkeley. Norah Kates, Green Cities Project Associate,has worked with the Green City Partnerships program since 2008,primarily on the Green Redmond Partnership since its early stages in the beginning of 2008. She conducted the initial agency and capacity assessments for Redmond and helped to coordinate the writing of the 20-Year Forest Restoration Plan.Norah has lead the community outreach effort in Redmond and is the key contact for maintaining the working relationships with a variety of community stakeholders.Norah holds a B.S.in Natural Resources from Cornell University and,as a staff member at the Cascade Land Conservancy,specializes in ( =' community engagement,volunteer management,and urban public natural resource planning. 1 Christopher Water, Geospatial Director,oversees the geospatial program to support conservation planning and acquisitions,policy analysis,land management and restoration,public relations, fundraising and education.Having worked for eleven years in the conservation GIS field,his expertise includes cartography and information design,spatial analysis and modeling,spatial databases and project management. Christopher earned an M.S.in Environmental Policy Analysis from the University of Charleston and a B.S.in Conservation Ecology from Purdue University. S I 4 I, Green Kent Partnership Scope of Work:Cascade Land Conservancy Page 7 of 7 Kent City Council Meeting Date September 1, 2009 Category Consent Calendar - 6G 1. SUBJECT: SECOND QUARTER FEE-IN-LIEU FUNDS - ACCEPT 2. SUMMARY STATEMENT: Accept the $39,975 fee-in-lieu funds for the second quarter of 2009, and authorize the expenditure of funds in the Eagle Creek Park Development, and Clark Lake Outfall budgets. Between April and June 2009, the City received a total of $39,975 from three developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in three subdivisions: • Eagle Creek Park Development Budget: $10,500 from Dhaliwal Real Estate • Clark Lake Outfall Budget: $29,475 from Darnel LLC, and Grewal, Hakam 3. EXHIBITS: Revenue Report 4. RECOMMENDED BY: Parks and Human Services Committee (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: u v � v �I Ulm m m w a o `- a N CU d rill O� U O O 1 V c J w E c m r Q- — J a 3 E Ca c N �J Z 00 C 7 O n N U N f� O U 4- I- Q m M O Q O O O J a If m N 0 0 0 0 0 0 0 0 0 o a o o Ui ui vi � M r 7 Q O v M 6Oi M co C Co O co 0NO co co l6 N N N m — V V CV N OD 00 O 00 N r— I-- II O co O l @ O cc N O O O c ~ N N N O O J co .7 o 0 aai w C7 v c4 co Q O N `y N Ol N y a 7 LipN o a) O v E (0 coo u un C N Z of c+i v o m O O O (0 L o u C,4 a m � JU' Q Kent CityCouncil Meeting 9 Date September 1, 2009 Category Consent Calendar - 6H 1. SUBJECT: BUDGET ADJUSTMENT ORDINANCE, JANUARY 1, 2009 -JUNE 30, 2009 - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. which consolidates the budget adjustments made between January 1, 2009 and June 30, 2009, totaling a decrease of $(8,315.020), including $(3,773,269) previously approved by Council. The ordinance also includes a net amount of $(4,541,751) not previously approved by Council, which is for the allocation of dedicated revenues and authorizing expenditures as well as to reduce the general fund budget to reflect the economic forecast assertion for 2009. 3. EXHIBITS: Ordinance and Exhibit A 4. RECOMMENDED BY: Operations Committee (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: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the 2009 budget for adjustments made from January 1, 2009, to June 30, 2009. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - BudaetAdiustment. The 2009 City budget is amended to include budget fund adjustments as summarized and set forth in Exhibit "A," which is attached and incorporated by this reference. SECTION 2. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 3. - Severabi/ity. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. 1 2009 Budget — First Half Adjustments SECTION 4. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of September, 2009. APPROVED: day of September, 2009. PUBLISHED: day of September, 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 2 2009 Budget — First Half Adjustments 4 City of Kent Budget Adjustment Ordinance Adjustments January 1, 2009 to June 30, 2009 Exhibit A Adjustment Fund Title Ordinance 001 General Fund (5,993,250) 110 Street Fund 50,000 130 Lodging Tax Fund 31,000 150 Capital Improvement Fund 150,000 160 Criminal Justice Fund 94,697 170 Environmental Fund 24,414 190 Other Operating Projects Fund 50,000 195 Kent Events Center Fund 31,000 310 Street Capital Projects Fund 2,378,601 330 Other Capital Projects Fund (5,654,942) 350 Facilities Capital Projects 150,000 440 Sewerage Operating 220,460 510 Fleet Services Fund 153,000 Total Gross Budget Change (8,315,020 Less: Internal Service Funds - Other Transfers 6,146,471 Internal Transfers (672,529) Subtotal 5,473,942 Total Net Budget Change (2,841,078) Kent City Council Meeting Date September 1, 2009 Category Consent Calendar - 6I 1. SUBJECT: SOUTH 259TH STREET RAISING CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with GeoEngineers to perform geotechnical studies and produce stamped reports necessary for levee certification for the South 2591" Street Raising project in an amount not to exceed $92,420, subject to final terms and conditions acceptable to the City Attorney. Geotechnical engineering services must be performed and stamped reports must be submitted to FEMA in order to get Federal Certification. 3. EXHIBITS: Public Works Memorandum dated 8/6/09 and Contract 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: l 13 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 � i Date: August 6, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 17, 2009 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Larry Blanchard, Public Works Director Subject: South 259th Street Raising — Contract with GeoEngineers to Perform Geotechnical Engineering Services for Levee Certification. Motion: Move to recommend authorizing the Mayor to sign a contract with GeoEngineers to perform geotechnical studies and produce stamped reports necessary for levee certification for the South 259th Street Raising project, upon concurrence of the language therein by the City Attorney and the Public Works Director. r Summary: In September 2007, the Federal Emergency Management Agency (FEMA) issued Preliminary Flood Insurance Rate Maps which indicated much of the Kent Valley was III 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. i 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. The project will raise South 259th Street an average of 4 feet, from 88th Avenue South to 3rd Avenue South. By raising South 259th Street, the new road will act as a secondary levee to the existing levee at Horseshoe Bend. The City will also work to obtain certification approval from FEMA for this levee. Federal Certification will enable this project to remove a large portion of the valley from the floodplain. Geotechnical engineering services must be performed and stamped reports must be submitted to FEMA in order to get Federal Certification. The City's contract with GeoEngineers will provide all of the necessary geotechnical studies and reports to meet requirements for levee certification for this project. Budget Impact: U:IPWCommitteelActionPagel2009►081709259thGeoTechReport.doc I • KENT WAS H IN OTON CONSULTANT. SERVICES AGREEMENT between the City of Kent and ,i GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Avenue, Suite 200, Tacoma, Washington 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Gary Henderson (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: l The Consultant shall provide geotechnical services for the S. 259th Street Project. For. a description, see the Consultant's August 6, 2009 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 i( 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. 1 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Two Thousand, Four Hundred Twenty Dollars ($92,420.00) 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 y 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 i delineated in Exhibit B. I CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) I 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 l Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 1 A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible I 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 1 documents with appropriate federal and state agencies, including the Internal ( ' Revenue Service and the state Department of Revenue. J 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 I 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 1 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) . I Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, Its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the Injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and Incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide I reasonable accuracy of any information supplied by it to Consultant for the purpose of I 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. I XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of Its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) { responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. i 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 I� any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or 1 relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. I C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution { process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the t parties at the addresses listed on the signature page of the Agreement, unless notified to the I 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 I any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) l i H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 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: ( Gary Henderson Larry R. Blanchard GeoEngineers, Inc. City of Kent 1101 S. Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department I GeoEngineers-2591b/HBllock CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. I 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; I� The questions are as follows: l 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the 1' 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_. 1� By: For: Title: ! Date: EEO COMPLIANCE DOCUMENTS - 1 4 CITY OF KENT ADMINISTRATIVE POLICY i NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 I SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1, Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i i i I I I EEO COMPLIANCE DOCUMENTS - 2 1 CITY OF KENT f 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 I Policy that was part of the before-mentioned Agreement. l Dated this day of , 200 By, For: Title: Date: l EEO COMPLIANCE DOCUMENTS - 3 II i EXHIBIT A GEOENGINEERS, INC. PROPOSED CROSS LEVEE AND ROAD IMPROVEMENTS SOUTH 269TH STREET KENT,WASHINGTON FILE NO. 0410-169-00 SCOPE OF SERVICES —GEOTECHNICAL The purpose of our services is to conduct subsurface explorations and laboratory testing as a basis for i developing geotechnical design recommendations related to design and construction of the proposed cross levee and road improvements located along South 259'h Street between 3Td Avenue and 88'h Avenue in Kent, Washington. Our project understanding is based on conversations with City of Kent personnel. Our geotechnical scope of services includes: 1. Review existing information,including in-house reports,reports by others provided by the City of Kent and appropriate Federal Emergency Management Agency (FEMA) and US Army Corps of Engineers(USACE)documents. 2. Conduct a site visit prior to subsurface explorations to coordinate exploration locations and site safety issues with the design team. 3. Coordinate clearance and location of existing underground public utilities in the project area. We lwill contact the Washington Utilities Coordinating Council"One Call"service prior to beginning explorations. We request that City of Kent personnel confirm that exploration locations are clear from potential damage to City-owned underground utilities. 4. Drill two borings to depths of 100 feet below ground surface(bgs) and three borings to depths of 40 feet bgs to characterize subsurface conditions and obtain undisturbed samples for laboratory testing. We understand traffic control and permitting for borings will be performed as necessary by the City of Kent. 5. Advance five Cone Penetration Test (CPT) soundings to depths of 100 feet bgs to supplement borings and obtain detailed soil layering information. Up to two CPT soundings may include { measurements of seismic shear wave velocity. We understand traffic control and permitting for CPT soundings will be performed as necessary by the City of Kent. 6. Complete laboratory tests on representative samples of the soils, including tests for moisture content,density,consolidation,Atterberg Limits and particle size distribution, as appropriate. 7. Perform seepage analyses for four levee cross sections under each of the following conditions: end of construction, sudden drawdown, critical flood stage and steady state seepage during full flood stage. We understand the City of Kent will provide hydrologic information, including design high water levels,duration of high water levels and expected maximum drawdown rates. 8. Perform stability analyses for the same four levee cross sections, considering each of the above- listed conditions. i 9. Perform settlement analyses for the same four levee/foundation cross sections. 10. Develop recommendations for levee construction and road improvements including site preparation, levee materials, compaction requirements, embankment slopes and geosynthetic reinforcement for steeper slopes,if necessary. rile No.0410-169-00 Page A4 GEDENGINEERS August 6,2009 J 11. Develop recommendations for drainage blankets or other suitable measures to control seepage, if f necessary based on our studies. 12. Evaluate erosion based on wave action,seepage or overtopping. J 13. Provide recommended pavement sections, based on traffic information provided by the City of Kent. J 14. Attend up to five meetings with City of Kent and the design team or FEMA to coordinate geotechnical engineering and civil engineering design with the City of Kent and assist with levee certification. Our budget estimate includes eight hours each per meeting for Gary Henderson and J Morgan McArthur. 15. Prepare a soils report summarizing the results of our field exploration program, laboratory testing and our seepage, stability and settlement analyses and providing our conclusions and recommendations. Our report will be part of the submittal to FEMA. 16. Review and stamp plans related to the flood barrier prepared by us and the City of Kent as required for the submittal to FEMA. l 17. Assist the City of Kent in preparing operating and maintenance plans and other parts of the r submittal as needed. 18. Address any comments and revise submittal as needed.- This includes coordination with the City of Kent, Northwest Hydraulics, USACE and FEMA to incorporate necessary revisions into the submittal of the final report. 19. Our scope and budget does not include any construction management,monitoring or inspections. SCHEDULE f Upon authorization to proceed, we are prepared to complete the proposed explorations as soon as they can be coordinated. Drilling and CPT subcontractors are currently scheduled out about two to three weeks l and we anticipate that up to eight days of field time will be necessary to complete the explorations. Based on this schedule, we anticipate laboratory testing and engineering analysis will begin about four weeks after authorization. Our engineering analyses will be dependent on hydrologic information, which we understand will be provided to the City of Kent by others. We anticipate that our draft report will be complete about three months after authorization. We will then J distribute the draft report to the City of Kent, USACE and FEMA for review. We expect that our final report will be complete within about three to four weeks after receipt of comments, depending on revisions required by USACE and FEMA. J MM:GWH:gb J TACO:\0\0410169\00\Finals\041016900Seope_080609.doex Attachment: Exhibit B—Fee Estimate Disclaimer: Any electronic form, facsimile or hard copy of the original document(email, text, table, and/or figure), if provided, and any J attachments are only a copy of the original document. The original document is stored by GeoEngineers,Inc.and will serve as the official document of record. File No.0410-169-00 Page A-2 GEOENGINEERS August 6,2009 — I i EXHIBIT B FEE ESTIMATE CITY OF KENT GEOTECHNICAL ENGINEERING SERVICES ' I SOUTH 269TH STREET LEVEE AND ROAD IMPROVEMENTS 3RD AVENUE TO 88TH AVENUE FILE NO. 0410-169-00 Personnel Hours x Rate = Cost Principal(Gary Henderson) 80 x $160 = $12,800 Engineer/Scientist 3(Morgan McArthur) 240 x $128 = $30,720 j Engineer/Scientist 3(Lyle Stone) 100 x $128 — $12,800 CAD Designer 60 x $85 = $5,100 {( Support 1 401 x 1 $75 — $3,000 Subtotal Personnel Cost(direct costs) $64,420 Other Expenses J Laboratory Testing $3,000 Field Equipment $1,000 I Subcontracted Drilling $15,000 Subcontracted CPTs $9,000 Subtotal(Indirect costs) $28,000 Total Estimated Costs $92,420 TACO:\0\0410169\00\Finals\041016900FeeEst 080609.xls 1 I i Fife No.0410-169-00 August6,2009 GEOENGINEER� Kent City Council Meeting Date September 1, 2009 Category Consent Calendar - 63 1. SUBJECT: COMMUTE TRIP REDUCTION FUNDING AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Commute Trip Reduction Grant Implementation Agreement, in the amount of $103,170, subject to the final terms and conditions acceptable to the City Attorney. This agreement is between the Washington State Department of Transportation and the City of Kent. The purpose of this agreement is to allocate two years of funding for the 2009-2011 project period. This grant pays for the City's efforts to enforce state law regarding commute trip reduction. 3. EXHIBITS: Public Works Memorandum dated 8/5/09 and Commute Trip Reduction Implementation Agreement 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 iDISCUSSION: ACTION: 19 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 KENT WASHINGTON Address: 220 Fourth Avenue S. + Kent, WA 98032-5895 I Date: August 5, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 17, 2009 1 From: Monica Whitman, Commute Trip Reduction Program Coordinator Through: Larry Blanchard, Public Works Director Subject: Citywide Commute Trip Reduction Implementation Agreement Motion: Recommend Council authorize the Mayor to sign the Commute Trip Reduction Grant implemental Agreement #GCA6247, in the amount of $ 103,170.00, upon concurrence of the language therein by the City Attorney and the Public Works Director. Summary: This agreement is between the Washington State Department of Transportation and the City of Kent. The City is required by State Law to enforce the regulations specified in RCW 70.94.521. The City is then reimbursed by the State for costs incurred based on a formula devised by the State Department of Transportation, Public Transportation Office. The purpose of this agreement is to allocate two years of funding for the 2009 -2011 project period. This grant pays for our efforts to enforce the state law. There are currently.35 organizations participating in the program, representing more than 15,000 employees. 1 Budget Impact: None I i { 21 Commute Trip Reduction i Implementation Agreement Washington State Department of Contractor Transportation City of Kent j 310 Maple Park Avenue SE. 220 Fourth Avenue South PO Box 47387 Kent, WA 98032 Olympia,WA 98504-7387 Federal ID #: 91-6001254 Contact Person: KathyJohnston Contact Person: Cathy Mooney Project Costs: Scope of Project: Carry out the State Funds $ 103,170 Project as described in Exhibit I, Project Contractor Funds $ 0 Scope of Work I Total Project Cost $ 103,170 Agreement Number: GCA6247 Term of Project: Service Area: July 1, 2009 through June 30, 2011 i This AGREEMENT is entered into by the Washington State Department of Transportation, hereinafter referred to as "WSDOT" and the Contractor identified above, 1 hereinafter referred to as "CONTRACTOR", and/or individually referred to as the "PARTY" and collectively referred to as the "PARTIES." 1 WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the requirements and parameters for Commute Trip Reduction programs, including the Growth and Transportation Efficiency Centers in Washington State; { WHEREAS, the State of Washington in its Sessions Laws of 2009, chapter 470, Section 222(7) and (9), authorizes funding for Public Transportation and Commute Trip Reduction programs and other special proviso funding through the multi-modal transportation account as identified in the budget through its 2009-2011 biennial appropriations to WSDOT; and WHEREAS the WSDOT Public Transportation Division is responsible for administering funds on behalf of the state legislature; NOW, THEREFORE, in consideration of terms, conditions, performances and mutual covenants herein set forth and the attached Exhibit I, "Project Scope of Work" and Exhibit II, "Project Progress Reports", which are both incorporated and made a part of this AGREEMENT, IT IS MUTUALLY AGREED AS FOLLOWS: Section 1 Purpose of Agreement The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521 through RCW 70.94.555,hereinafter known as the"Project". Page 1 of 11 GCA6247 22 i Section 2 Scope of Work The CONTRACTOR agrees to perform all designated tasks of the Project under this AGREEMENT as described in Exhibit I, "Project Scope of Work", which by this reference is incorporated into this AGREEMENT as if fully set forth herein. Section 3 Term of Project The CONTRACTOR shall commence, perform and complete the Project within the time defined in the caption space header above titled"Term of Project" on this AGREEMENT regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header above entitled' "Term of Project" and all caption space headers above are by this reference incorporated into this AGREEMENT as if fully set forth herein. Section 4 Project Costs The total reimbursable cost to accomplish the Project Scope of Work shall not I exceed the "State Funds" detailed in the caption space header above titled "Project Costs". The CONTRACTOR agrees to expend eligible "State Funds" together with any "Contractors Funds" identified above in the caption space header "Project Costs", in an amount sufficient to complete the Project as detailed in Exhibit 1, "Project Scope of Work". If at any time the CONTRACTOR becomes aware that the cost which it expects to incur in the performance of this AGREEMENT will differ from the amount indicated ll in the caption space titled "Project Costs" above, the CONTRACTOR shall notify WSDOT in writing within three (3)business days of making that determination. Section 5 Reimbursement and Payment Payment will be made by WSDOT on a reimbursable basis for actual costs and l expenditures incurred while performing eligible direct and related indirect Project work l during the Project period Payment is subject to the submission to and approval by WSDOT of properly prepared invoices accompanied by progress reports and financial summaries as required in Section 7 — Progress Reports. The CONTRACTOR must submit an invoice using either state form A-19 or a format approved by WSDOT. The CONTRACTOR may submit invoices, not more than once per month, during the course l of this AGREEMENT. The CONTRACTOR shall submit a final invoice to WSDOT no l later than July 15, 2011. Any invoice received after July 15, 2011 will not be eligible for reimbursement. Within thirty (30) days after receiving and approving the invoice, WSDOT shall remit payment to the CONTRACTOR. Section 6 Project Records The CONTRACTOR agrees to establish and maintain for the Project, either a separate set of accounts or, accounts within the framework of an established accounting system in order to sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such accounts are referred to herein collectively as the "Project Account". All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, Page 2 of 11 GCA6247 1 r 23 I contracts, and payment vouchers evidencing in sufficient detail the nature and propriety of the costs claimed. Section 7 Progress Reports The CONTRACTOR shall submit either monthly or quarterly progress reports to WSDOT so that WSDOT may adequately and accurately assess the progress made under the terms of this AGREEMENT. The progress reports shall be prepared as prescribed by WSDOT on the forms provided in Exhibit II, "Project Progress Reports" and/or as provided and modified by WSDOT staff. Progress reports shall be submitted to WSDOT no later than forty-five (45) days from the end of each calendar quarter. Section 8 Audits,Inspections, and Records Retention WSDOT, the State Auditor, and any of their representatives, shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of the CONTRACTOR's records with respect to all matters covered by this 1 AGREEMENT. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, ( materials, payrolls, and other matters covered by this AGREEMENT. In order to 1 facilitate any audits and inspections, the CONTRACTOR shall retain all documents, papers, accounting records, and other materials pertaining to this AGREEMENT for six (6) years from the date of completion of the Project or the Project final payment date. However, in case of audit or litigation extending past that six (6) years period, then the CONTRACTOR must retain all records until the audit or litigation is completed. The ti CONTRACTOR shall be responsible to assure that it, WSDOT, the State Auditor, and any of their representatives, retain comparable audit rights with respect to subcontractors to the CONTRACTOR within the scope of this AGREEMENT. ` Section 9 Agreement Modifications ( A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Project. Such changes that are mutually agreed upon shall be incorporated as written amendments to this AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by authorized representatives of the PARTIES hereto. B. If an increase in funding by the funding source augments the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT, providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such increase in funding. C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such reduction of funding. Page 3 of 11 GCA6247 24 1 Section 10 Recapture Provision In the event that the CONTRACTOR fails to expend State Funds in accordance with state law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed three (3) years following termination or expiration of this AGREEMENT. The CONTRACTOR agrees to repay such State Funds under this recapture provision within thirty (30) days of demand. Section 11 l Disputes A. If the PARTIES cannot resolve a dispute arising from the performance of this AGREEMENT by mutual agreement,the CONTRACTOR may submit a written detailed description of the dispute to the Public Transportation Division's Program Manager or the Program Manager's designee who will issue a written decision within ten calendar I (10) days of receipt of the written description of the dispute. This decision shall be final and conclusive unless within ten(10) days from the date of CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director's designee. In connection with any such appeal the CONTRACTOR shall be afforded an opportunity to offer material in support of its position. The CONTRACTOR's appeal shall be decided in writing within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director's designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. f B. Performance During Dispute. Unless otherwise directed by WSDOT, the CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. Section 12 Termination WSDOT, at its sole discretion,may suspend or terminate this AGREEMENT in whole, or in part, for the reasons following: A. The CONTRACTOR materially breaches, or fails to perform any of the requirements of this AGREEMENT and after fourteen(14) days written notice,has failed to cure the condition(s) causing that breach. Conditions of breach may include,but are not limited i to: f 1. Any action taken by the CONTRACTOR without WSDOT approval, which under the provisions of this AGREEMENT,required WSDOT approval; 2. Failure to perform in the manner called for under this AGREEMENT; or 3. Failure to comply with any provision of this AGREEMENT; B. The CONTRACTOR is prevented from proceeding with this AGREEMENT by f reason of a temporary,preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; C. The requisite state funding is reduced or becomes unavailable through failure of appropriation or otherwise; Page 4 of 11 GCA6247 I 25 I D. WSDOT determines that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; E. WSDOT, at its sole discretion, determines to accept a request made in writing by the CONTRACTOR to terminate this AGREEMENT in whole or in part; or F. WSDOT determines that suspension or termination is in the best interests of the state. If this AGREEMENT is terminated under subsections B, C, D, E, and/or F of this Section, the CONTRACTOR may be reimbursed only for actual, eligible direct and related indirect expenses incurred prior to the date of termination, and then only to the extent of awarded funds. If this AGREEMENT is terminated under subsection A of this Section, the WSDOT shall not be obligated to provide any additional reimbursement, and WSDOT shall retain all rights to seek recapture or damages from the CONTRACTOR. Section 13 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise ri afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 14 Waiver In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute 1 or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. In no event shall acceptance of any WSDOT payment of grant l funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR l of any WSDOT breach, or default which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect to any breach or default. Section 15 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the work as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the CONTRACTOR's rights and obligations under this AGREEMENT and WSDOT shall not be held liable for any advice offered to the CONTRACTOR. Section 16 Limitation of Liability and Indemnification A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, j employees, and officers and process and defend at its own expense any and all claims, demands, suits at law or equity, actions,penalties, losses, damages, or costs (hereinafter referred to collectively as "claims"), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the negligent acts or omissions of the CONTRACTOR, its agents, employees and officers. Provided,however, that nothing Page 5 of 11 GCA6247 26 f herein shall require the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of WSDOT. i C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's employees and/or subcontractors and solely for the purposes of this , indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. i Section 17 I Governing Law, Venue, and Process This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance thereof shall be governed by the laws of the State of Washington. In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The CONTRACTOR hereby accepts service of process by registered mail consistent with RCW 4.28.080(1) or (2) as applicable. Each PARTY shall bear its own legal costs and expenses, including attorney fees, in any such litigation. Section 18 1 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable state and federal laws and 1 regulations, including, but not limited to, those concerning employment, equal opportunity employment,nondiscrimination assurances,Project record keeping necessary to evidence AGREEMENT compliance, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. The CONTRACTOR will also comply with the Americans with Disabilities Act (ADA), Public Law 101-336, which provides comprehensive civil rights protection to l individuals with disabilities in the areas of employment public accommodations, state l and local government services and telecommunication. Section 19 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such 1 adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No j Page 6 of 11 GCA6247 I L_ 27 i controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 20 Counterparts This AGREEMENT may be executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned in such executed counterpart, and does hereby accept State Funds and agrees to all of the terms and conditions thereof. Section 21 Execution This AGREEMENT is executed by the Director of the Public Transportation Division, State of Washington, Department of Transportation or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity as Director of the Public Transportation Division. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last signed below. WASHINGTON STATE CONTRACTOR ( DEPARTMENT OF TRANSPORTATION yBy: By: Kathryn W. Taylor, Director,Public Transportation Print Name: Title: I Who certifies proper authority to execute this AGREEMENT on behalf of the I CONTRACTOR Date: Date: I Approved as to form only: By: Susan Cruise Assistant Attorney General Date: July 17, 2009 Page 7 of 11 GCA6247 2s i EXHIBIT 1 Project Scope of Work 1 Commute Trip Reduction (CTR) I 1. Scope of Work A. Work Plan The CONTRACTOR agrees to submit to WSDOT a detailed administrative work plan no later than ninety(90) days after the affected date of this AGREEMENT. The work plan shall identify deliverables, schedule and the budget specific to tasks associated with this AGREEMENT and to include, at a minimum, the following required activities: 1. Notification of Requirements for Newly Affected Worksites 2. Review of Employer Program Reports 3. Administration of Surveys, 4. Review of Program Exemption Requests. The work plan shall also include other tasks as defined in approved and locally adopted CTR or GTEC plans for the implementation of the local CTR program. These may include,but are not limited to, employer training, incentives, promotion and marketing, and emergency ride home. In addition, the work plan shall identify specific or overall performance measures for each task and deliverable. This work 1 plan must be approved in writing by the WSDOT Project Manager and signed by the 1 CONTRACTOR, and shall be incorporated as a written amendment to the AGREEMENT. The work plan may be amended based on mutual written agreement between the WSDOT Project Manager and the CONTRACTOR. B. Work to be Performed The county or city, whichever applies,has enacted or will enact a Commute Trip Reduction(CTR) ordinance in compliance with RCW 70.94.521-.555. The CONTRACTOR agrees to implement a CTR program based on the approved administrative work plan and the draft or adopted local CTR plan and to comply with all provisions of the applicable county or city ordinance. C. Progress Reports and Invoices The CONTRACTOR agrees to submit to WSDOT quarterly progress reports, as specified by WSDOT in Section 7—Progress Reports of the AGREEMENT, in Exhibit II, "Project Progress Report", and as integrated with the deliverables indentified in the administrative work plan, along with all invoices in accordance with Section 5—Reimbursement and Payment of the AGREEMENT. The CONTRACTOR shall accurately and completely report local investments in its CTR/GTEC plans and programs, as part of its progress reports. All invoices shall be complete and accurately reflect actual state funded expenditures. The CONTRACTOR shall include a complete progress report quarterly. l Page 8 of 11 GCA6247 l 29 'i D. Funding Distribution and Reporting The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit agencies, Transportation Management Associations, and Metropolitan Planning Organizations or other eligible organizations authorized to enter into agreements for the purposes of implementing CTR/GTEC plans and ordinances as i authorized by RCW`70.94.527(5) and RCW 70.94.544 . The CONTRACTOR shall submit to WSDOT within 30 days of the execution of any agreement between the CONTRACTOR and the CONTRACTOR's eligible contracting partner(s) as listed above: (a) a list of dollar amounts to be disbursed by the CONTRACTOR to its eligible contracting partner(s), or(b) a fund dispersion methodology. E. Implementation Plans The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work, as well as the approved Work Plan, in all agreements with eligible contracting Ipartner(s), as necessary, to coordinate the development, implementation, and administration of the CTR/GTEC plans, and compliance with applicable ordinances. r F. Appeals and Modifications The CONTRACTOR shall maintain an appeals process consistent with this 1 AGREEMENT and applicable ordinances, and procedures contained in the Commute Trip Reduction Guidelines which may be obtained from WSDOT or found at http://www.wsdot.wa.gov/tdm/. G. Coordination with Regional Transportation Planning Organizations (RTPO) The CONTRACTOR shall coordinate the development and implementation of its JCTR/GTEC plan and programs with the applicable regional transportation planning organization(RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that could impact the success of the i regional CTR plan. The CONTRACTOR agrees to provide information about the progress of its CTR/GTEC plan and programs to the RTPO upon request. I H. Survey Coordination The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for baseline and subsequent program assessment surveys. I. Planning Data The CONTRACTOR agrees to provide WSDOT with the program goals established I for newly affected worksites when they are established by the local jurisdiction. The ' CONTRACTOR agrees to provide WSDOT with updated program goals for affected worksites and jurisdictions as requested. These updates shall be submitted electronically in a format specified by WSDOT. J. Database Updates The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting partners with updated lists of affected or participating worksites, employee transportation coordinators, and jurisdiction contacts, as requested. These updates will be submitted in a format specified by WSDOT. Page 9 of 11 GCA6247 30 I Exhibit II Progress Report Commute Trip Reduction (CTR) Organization Submitting Report: Reporting Jurisdiction: { Agreement(GCA)Number: 1 Billing Period: 1 Contact Information Name: Phone: Fax: Email: I Executive Summary Prepare a brief narrative summary of activities during the period for which reimbursement is requested: Required Activities to Administer the CTR Program Notification of requirements for newly affected worksites: Review of employer program reports: Administration of surveys: Review of program exemption requests: Other activities: Employer Service Activities to implement CTR or GTEC lan I P P Employer training/networking/support: Incentives: Promotion and Marketing: Emergency Ride Home: Other work plan deliverables: l 1 Page 10 of 11 GCA6247 f 31 j Ex enditures This Period Fiscal Year Fiscal Year State CTR Fiscal Year (June 30) (June 30) Funds Spent To Date State Estimate To Estimate to Categories Since Last CTR Funds Date Local Date Other Report Spent Funds Spent on Funds Spent on CTR Activities CTR Activities Required Activities: a.Notification of requirements for newly affected worksites b.Review of employer program reports c.Administration of surveys d.Review of program exemption requests e. Other activities Subtotal: $0.00 $0.00 $0.00 $0.00 l Employer Service Activities: a.Employer training/networking/support b.Incentives ( c.Promotion and Marketing Id.Emergency Ride Home e. Other work plan deliverables S Subtotal: $0.00 $0.00 $0.00 $0.00 Total: $0.00 $0.00 $0.00 $0.00 Source of Local Funds Local Funds Spent(Estimate) Total Reported(Estimate) Fiscal Year to Date Fiscal Year to Date 1 Total Local Funds: $0.00 $0.00 State CTR Funds Disbursed If your jurisdiction disbursed any state CTR funds reported above to other organizations or jurisdictions to implement the CTR program list those disbursements below. Jurisdiction/Organization Disbursed Since Last Report Total Disbursed Fiscal year to Date Total Disbursement: $0.00 $0.00 Page 11 of 11 GCA6247 Kent City Council Meeting Date_ September 1, 2009 Category Consent Calendar - 6K 1. SUBJECT: MILITARY ROAD AND SE 268T" SIDEWALK IMPROVEMENTS - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the Military Road & SE 268t" Street Sidewalk Improvements Project as complete and release retainage to Sanders General Construction, upon receipt of standard releases from the state and the release of any liens. The original contract amount was $91,676.14. The final contract amount was $127,610.14. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Kent CityCouncil Meeting 9 Date September 1, 2009 Category Other Business - 7A 1. SUBJECT: SOLID WASTE RECYCLING, YARD WASTE, FOOD WASTE CONSULTANT SERVICES AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: The current solid waste and recycling contract is set to expire on March 31, 2011. The City is currently advertising a Request for Proposals for a contractor to serve as the collector of solid waste, recycling and yard & food waste materials in the City of Kent. The City and a selection committee consisting of citizens, business representatives, and community groups will utilize an array of consultants and services to review proposals, facilitate the selection committee, analyze data, and make recommendations to the City Council. Staff requests Council authorize the Mayor to sign all agreements for consultants to assist the City with the evaluation and selection process, so long as no agreement exceeds $75,000 and there are existing funds budgeted and available to cover the contract cost. 3. EXHIBITS: Public Works Memorandum dated 8/7/09 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to authorize the Mayor to sign necessary consultant agreements related to the garbage, recycling, yard & food waste collection disposal/marketing totaling $75,000 or less, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. DISCUSSION: ACTION: 11 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director j Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH INGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 I Date: August 7, 2009 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: August 17, 2009 From: Tim LaPorte, Deputy Public Works Director Through: Larry Blanchard, Public Works Director Subject: Consultant Services Agreement/Solid Waste, Recycling, Yard & Food Waste Contract Request for Proposal Motion: Move to recommend Council authorize the Mayor to sign necessary consultant agreements related to the Garbage, Recycling, Yard & Food Waste Collection Disposal / Marketing totaling $100,000 or less, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: The current solid waste and recycling contract is set to expire on March 31, 2011. The City has issued a Request for Proposals (RFP) to provide solid waste, recycling and yard & food waste collection services in the City, including several alternatives for council consideration. It is ( anticipated to be a 7-year contract with two 2-year extensions possible at the sole discretion of the City. The potential gross value of the contract could make this the largest contract ever in the City of Kent. Currently 0.5 FTEs are dedicated to the solid waste and recycling program, though additional full time and temporary staff are working on the RFP process and administration of the program. Professional assistance is needed to ensure solid waste utility customers and the City receives the best possible contract which includes: keeping rates as low as possible; consistency with regional waste reduction goals; and meeting conservation in environmental sustainability goals set by council. The City of Kent is currently advertising a Request for Proposals to serve as the City of Kent Solid Waste, Recycling and Yard & Food Waste Collection contractor. The City and a selection committee consisting of citizens, business representatives and community groups will utilize an array of consultants and services to review proposals and make a recommendation to the City Council. Following concurrence from City Council, staff may continue to use these consultants in the negotiation process of the contract. Agreements exceeding $25,000 will be presented to the Public Works Committee and then to the full City Council for authorization before the Mayor executes the agreement. The Mayor has the sole authority to execute all agreements that are over $10,000 but under $25,000. Council authorization is not required. Kent CityCouncil Meeting 9 Date September 1, 2009 Category Bids - 8A 1. SUBJECT: LOWER EAST HILL SANITARY SEWER & WATER MAIN IMPROVEMENTS AND UNION PACIFIC RAILROAD STORM OUTFALL RELINING 2. SUMMARY STATEMENT: The Bid opening for this project was held on August 19, 2009, with 12 bids received. The low bid was submitted by Kar-Val in the amount of $1,121,189.15. The Engineers estimate was $1,678,587.92. The Public Works Director recommends awarding this contract to Kar-Val. 3. EXHIBITS: Memorandum dated 8/24/2009 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to authorize the Mayor to sign a contract for the Lower East Hill Sanitary Sewer & Water Main - Scenic Hill Improvements and Union Pacific Railroad Storm Outfall Relining project with Kar-Val, in the amount of $1,121,189.15. DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Larry R. Blanchard. Public Works Director Address: 220 Fourth Avenue S. ENT Kent, WA. 98032-5895 W A S H I N O T O N Phone: 253-856-5500 Fax: 253-856-6500 I DATE: August 24, 2009 TO: Mayor Cooke and Kent City Council FROM: Larry Blanchard, Public Works Director RE: Lower East Hill Sanitary Sewer & Water Main Improvements and Union Pacific Railroad Storm Outfall Relining The bid opening for this project was held on August 19, 2009 with 12 bids received. The low responsive bid was submitted by Kar-Val Construction in the amount of $1,121,189.15. The Engineer's estimate was $1,678,587.92. The Public Works Director recommends awarding this contract to Kar-Val. I Bid Summary: 1. Kar-Val $1,121,189.15 2. Laser Underground $1,260,380.87 3. Rodarte Construction $1,276,955.20 4. Johansen Excavating $1,290,956.98 5. Construct Company $1,347,294.02 6. Pivetta Brothers $1,376,104.84 7. SCI Infrastructure, LLC $1,406,754.71 8. R.L. Alia Company $1,533,151,.66 i 9. Scotty's General Construction $1,553,455.80 10. Road Construction NW $1,598,802.38 11. DPK, Inc. $1,610,427.23 12. Realm Inc. $1,899,797.18 Engineer's Estimate $1,678,587.92 U:\PWCommittee\2009\ToCouncil\09 01 09.doc i I 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 G. PUBLIC WORKS 1 H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES I 1 KEN"T W A S H I N O T O N OPERATIONS COMMITTEE MINUTES j AUGUST 4, 2009 Committee Members Present: Ron Harmon, Tim Clark, and Les Thomas The meeting was called to order by Tim Clark at 4:00 p.m. Clark made announcement that Item 2 has been pulled by Administration. Also, he has had an inquiry and question from resident Denton Hanford, he will invite him to come up and speak after Item 3. 1. APPROVAL OF MINUTES DATED JULY 21, 2009 Thomas moved to approve the minutes of the July 21, 2009 Operations Committee meeting. Harmon seconded the motion, which passed 3-0. l � 2. REMOVED BY ADMINISTRATION. 1 3. MOVE TO RECOMMEND COUNCIL ADOPT THE PROPOSED ORDINANCE, IN A FORM SUBSTANTIALLY SIMILAR TO THAT PRESENTED TO THE COMMITTEE, AMENDING SECTION 2.97.010 OF THE KENT CITY TO IMPLEMENT THE REVISED TORT PRE-CLAIM REQUIREMENTS OF RCW 4.96.020. i City Attorney Tom Brubaker advised that during its 2009 legislative session, the Washington State Legislature adopted Engrossed Substitute House Bill (ESHB) 1553 j amending the tort pre-claim requirements set forth in RCW 4.96.020. A copy of this bill is attached for your review. The prior statute generally left the structure of that claim form to the agency's discretion. However, with the, adoption of ESHB 1553, the legislature amended the form and its requirements. ESHB 1553 provides that a claim can be filed on a local government agency's claim form, or a standard tort claim form that is available online by the Risk Management Division of the Washington State Office of Financial Management. While the City may create its own claim form and may request additional information beyond the state's requirements, the City cannot deny a claim because it was not made on the City's form or because it did not provide the additional information requested by the City. Presenting either claim form satisfies the statute's pre-claim requirements. This ordinance is necessary to amend section 2.96.010 of the Kent City Code to implement the provisions of ESHB 1553. Budget Impact: None. I Harmon moved to recommend Council adopt the proposed ordinance, in a form substantially similar to that presented to- the Committee, amending section 2.97.010 of the Kent City Code to implement the revised tort pre- claim .requirements of RCW 4.96.020. Thomas seconded the motion, which passed 3-0. Operations Committee Minutes July 21, 2009 Page: 2 Resident, Denton Hanford of 24736 136t" Ave SE, Kent, WA had the following question primarily for Finance Director Bob Nachlinger: On what economic basis has he projected a General Fund balance equal to what he started with this year. Mr. Denton has done an economic analysis that convinces him that the second half of the year will be no better and possibly even slightly worse than the first half of the year as far as revenue. Clark pointed out that the Committee has been I receiving updates on a regular basis and that there has never been any question that General Fund revenues by City records are down. Mr. Denton's final question to Committee: On what basis would you predict a recovery in the second half that actually represents a 15% increase in the revenue compared to the first half? Mr. Denton provided the Committee, Chief Administrative Officer John Hodgson, and Finance Director Bob Nachlinger with copies of his one page summary. 4. MONTHLY BUDGET SUMMARY (INFORMATIONAL ONLY) Finance Director Bob Nachlinger provided a brief overview of the Monthly Budget Summary. Nachlinger stated that at the start of this year went into the year looking at the budget and stating that the economic projections were not taking into account the recession that was 11, obviously starting. Committee essentially gave direction to manage the budget and keep it balanced throughout the year; this is being done by taking revenue declines and off setting those with expenditure declines. Up to the June 30 period, now projecting $7 million or 7.7% budgeted revenues to not come in. On the flip side, we have offset that by reducing the expenditure side of the budget by $7 million and that is the basis on which we are predicting no ff mid change in fund balance. Nachlinger further discussed economic projections for the 2"d half it of the year, as well as overall economic recovery projections. Clark raised questions regarding admission tax collection at this time, Nachlinger referred to "Other"tax revenues on page 62. In reference to the inquiry from Mr. Hanford's question of projections in terms of what that actually means based on the starting yearend fund balance. Nachlinger stated that he is projecting a zero change in the fund balance. Clark asked Chief Administrative Officer John Hodgson to expand on administration's plan to drive down expenditures. Hodgson explained that between departmental cutbacks on purchasing of supplies, reductions in fleet costs, and the healthcare fund being at 5X IB & R in server, using that to bring the reserve back to where the committee wants it to be. Hodgson provided the Committee with a "what if" backup plan just in case projections are not met. The handout is a sample 2009/2010 Budget exercise that each department is going through that prioritizes everything we do, the exercise will be done a next Friday. The eting adj :33 p.m. Nancy Clar Operations ommitt e ecretary 1 i City of Kent a Parks and Human Services Committee Meeting ENT Minutes of June 18, 2009 W.l MIHa TON Council Committee Members Present: Debbie Ranniger, Tim Clark and Elizabeth Albertson Debbie Ranniger called the meeting to order at 5:01 p.m. Item #1: Meeting Minutes Dated May 21, 2009 Tim Clark moved to approve the minutes of May 21, 2009. Elizabeth Albertson seconded. The motion passed 3-0. Item #2: Kent Lions Sublease Agreement Amendment Number Two — Authorize The City of Kent leases the property located at 715 W. Smith from Charlie Perkins. Since 2006, the Kent Lions sublease a portion of the property for office space, storage space and outdoor parking for their trailer. There are two more one-year options for continuing the sublease. This amendment extends the lease to March 31, 2010. Elizabeth Albertson moved to recommend Council authorize the Mayor to sign Sublease Addendum Number Two with Kent Lions for the property at 715 W. Smith in Kent. Tim Clark seconded and the motion passed 3-0. Item #3: Urban Forest Plan - Informational In the past ten years, urban forestry management plans have been prepared for and recommendations implemented at nine sites: Campus Park, Salt Air Vista Park, Morrill Meadows Park, Clark Lake Park, Scenic Hill Park, Briscoe Park, Glenn Nelson Park, Turnkey Park, and the northwest portion of West Fenwick Park. The goal has been to conduct the assessment and implement the plan recommendations at one park or open space site each year. With 82 parks and open spaces in Kent, this is a ' long-range goal. Most of the urban forestry plans have been funded with King Conservation District grants. Staff has considered alternatives to accelerate our Urban Forestry Program. Cascade Land Conservancy (CLC) has developed a program that is fully established in Seattle and is in the process of being implemented in Kirkland, Redmond and Tacoma. The CLC program is based on a successful model for mapping and restoring urban forest lands. A 20-year urban forest restoration plan will be created for Kent by CLC, working closely in conjunction with City staff. Staff has identified an outside funding source to finance this project. Staff has applied for $95,000 in available funding from King Conservation District for the urban forestry program. To implement the recommendations in the 20-year plan, volunteer forest Parks and Human Services Committee Page 1 Minutes of June 18, 2009 I I stewards will be recruited and trained to restore the priority areas. The timeline is to begin in July 2009, as soon as grant funds are authorized, with completion by December 2010. For efficiency, Kent Parks and Public Works have agreed to collaborate in the use of KCD funds so that all city-owned urban forests can be included In the plan. Item #4: - Off Leash Dog Park Update - Informational On June 3, staff held an open house at the Phoenix Academy with approximately 50 citizens attending. Five off leash dog park locations were discussed. Public comments were accepted in verbal and written format (see attached). All five sites have wetlands on site, so delineation is needed as a first step. Funds are available in our capital budget to hire consulting services to conduct the delineation at one site. Citizens were also given the opportunity to vote for their preferred sites: Pine Tree Park, 132"d Ave Neighborhood Park (undeveloped), and the undeveloped parkland between Morrill Meadows and East Hill Park. All three sites have existing Master Plans. Some of the amenities listed by the community attending the Public meeting were the provision of water for dogs - both drinking fountains and , swimming areas. Two sites were chosen to start the planning process and site I analysis, as well begin to incorporate volunteer support. Trail and fencing work are necessary next steps to creating an interim dog park. Both parks at 132"d Avenue and Morrilll Meadows have fencing and trail work within their Master Plans, thereby eliminating the need for any additional expenses. • Council members congratulated Lori Flemm on her new appointment as Parks Director for the City of Lacey. Lori has been the Superintendent of Parks Planning and Development for twelve years, as well as Superintendent of the Park Maintenance division for the past five years. Lori was recognized for her numerous contributions to the community. Her expertise is reflected in the land acquisition, and development and/or renovation of award-winning parks. To name a few: Service Club Ballfields, Town Square Plaza, Clark Lake, and Wilson 1 Playfields. Under Lori's management, Russell Road Park was renovated to 1 nation-wide notability and the winner of many awards. Under her guidance, an extremely successful volunteer program was initiated, including Arbor Day, Make A Difference Day, and National Trails Day and numerous park clean-up events, partnering with local businesses. Recently, the Tree Program with the Kent School District was honored with the National award, "Take Pride in America." Lori will be truly missed. Item #5: Energy Efficiency Conservation Block Grant Update - Informational In November 2008, staff presented the Ten-Year HVAC Plan to the Committee, reporting that part of the plan was to hire an Energy Services Company (ESCO) to l audit a number of buildings. Results of the audit report recommended a mixed I services approach to completing the projects. Eight of the ten projects are smaller scale and can be performed by city staff. The other two projects involve replacing air handling equipment and need to be contracted through outside services. 1 Parks and Human Services Committee Page 2 Minutes of June 18, 2009 i In June, Jeff reported to the Committee that the Department of Energy announced stimulus funds available through The American Recovery and Reinvestment Act of 2009. The funds are formula-based grants under the Energy Efficiency and Conservation Block Grant (EECBG) Program. Based on population, Kent is eligible for $850,000.00. The two larger projects referenced in the audit were evaluated for EECBG funding eligibility. The Centennial Building HVAC Project meets Federal requirements. Jeff and Charlie will continue to update Council on the grant progress. Item #6: Director's Report • There were two successful volunteer events this month: Earth Day, with 100 volunteers at Lake Fenwick. Arbor Day, with 127 volunteers at West Fenwick. • Kiwanis Tot Lot #1 playground dedication is July 2. The ribbon cutting starts at 1:00 p.m. - the same day as the opening of summer playground programs. • Saturday, June 20 is the second Graffiti removal event. • The Fourth of July Splash event is Saturday from 12:00 p.m. to 10:30 p.m. Thank you to the Cultural program staff for a well-planned event. Thank you to the Police Department and Fire Department staff for their assistance in planning for their services at the event. • The second Human Services Summit was well attended. Agencies asked that f some of the administrative encumbrances of the application process be 1 lessened. Staff will work on reducing the size of the application and creating on- line access to the application. • Update on King County "Lifeboat" situation. Current funding will maintain programs through December 2009. King County is working on a tax package proposal to take to voters that will keep programs going to 2010 and beyond. The meeting adjourned at 5:30 p.m. Respectfully submitted, ULd l Teri Petrole Committee Council Secretary Parks and Human Services Committee Page 3 Minutes of June 18, 2009 I 1 I • KEN T W A 5 H I N G T O N PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES lJULY 13, 2009 Committee Members Chair Elizabeth Albertson, Jamie Danielson, Tim Clark Albertson called the meeting to order at 5:05 p.m. 1. APPROVAL OF MINUTES Clark MOVED and Danielson SECONDED to approve the Minutes of June 29, 2009. Motion CARRIED 3-0. 2. ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT REORGANIZATION Economic Development Director Ben Wolters stated that a revision had been made to the proposed ordinance, reinstating the Planning Director's qualifications as requested. Clark stated concerns with how job qualifications have been defined. Clark Moved and Albertson seconded the Motion amending Section 2.30.067 to redefine the Planning Director's job description, by amending text: e as a muniiewpal Manner" with "experience in municipal planning." The remainder of the text in Section 2.30.037 was stricken. Motion Carried 2-1, Danielson opposed. Citizen Tom Sharp, PO Box 918 Maple Valle WA Stated that he supports P Y1 P P reorganization but questioned moving forward without a budget or location documents and stated that it appears that this reorganization is around a personnel document and not job functions. Sharp emphasized the need for checks and balances and suggested the City consider using a Professional consultant. Sharp was part of the Permit Task force and noted that this reorganization was part of Phase three. Council Member Ron Harmon commented that he had concerns with the reorganization. He believes this proposed ordinance if adopted should have the standard 30 day effective date. Harmon stated the reorganization has been a rushed process and that it is more of a reshuffling of staff. Harmon stated that he ` would support utilizing the services of a Professional Consultant and asked the I Committee to take a look at a true reorganization. Clark Moved and Albertson Seconded a Motion to amend Section 9 changing the effective date from five (5) to thirty (30) days after publication as provided by law. Motion Carried 2-1, Danielson opposed P:\Plan ning\PEDC\2009\M inu[es\l uly-13-09_PEDC-Min..doc l Clark voiced his opposition the Ordinance and Albertson expressed her reservations but would support the Ordinance. After further deliberation, Danielson moved to recommend Council adopt the proposed ordinance with amendments to reorganize existing intra— departmental permitting functions into a new single department to be known as the Economic and Community Development Department. Motion Carried 2-1 with Clark opposed 2. Cottage Housing Update Planner Katie Heinitz presented a PowerPoint presentation on the Cottage Housing Update. Heinitz reported on the progress to date concerning the City's Cottage Housing Demonstration Ordinance which became effective on December 18, 2008. l She stated that the 180-day submittal period for cottage housing demonstration l projects began on February 2, 2009 and ends on July 31, 2009.Heinitz stated at this time there has been interest but no proposals. Heinitz added that if there are l no proposals the submittal period may be extended another 180 days l 3. Final Draft Shoreline Master Program Update Planner Erin George presented a Powerpoint presentation on the status of the Draft l Shoreline Master Program Update. George stated that the Final Draft of the Shoreline Master Program Update has been sent to the Department of Ecology, and they have replied with no further comments as proposed. George stated that she would be presenting the Shoreline Master Program further at the Council workshop on July 21, 2009. l Adjournment Chair Albertson adjourned the meeting at 6:10p.m. l l Molly Bartlemay Acting Planning & Economic Development Committee Secretary P:\Planning\PEDC\2009\Minutes\luly-13-09_PEDC-Min..doc 1 1 f PUBLIC WORKS COMMITTEE MINUTES Monday, August 3, 2009 COMMITTEE MEMBERS PRESENT: Councilmember Debbie Raplee filled in for Committee Chair Deborah Ranniger; who had an excused absence; Ron Harmon was present. The meeting was called to order at 4:40p.m. Debbie Raplee stated that she had Deborah Ranniger's Concurrence on all items. 1 Item 2 - It was decided that this item will be an information only item and will not require a motion at this time. Item 7 - Was removed from the agenda until next week. ITEM 1 — Approval of Minutes Dated July 20, 2009: Committee Member Harmon moved to approve the minutes of July 20, 2009. The motion was seconded by Raplee and passes 3-0, with Ranniger's concurrence. ITEM 2 — Consultant Services Agreement/Solid Waste, Recycling, Yard & Food Waste Contract Reguest for Proposal: Public Works Director, Larry Blanchard stated that this item will not be voted on tonight, it will be heard as information only. The solid waste and recycling contract is set to expire soon. The City has issued a Request for Proposals (RFP) to provide solid waste, recycling and yard and food waste collection services in the City, including several alternatives for council consideration. Professional legal and economist assistance is needed to ensure solid waste utility customers and the City receives the best possible contract which includes keeping rates as low as possible. A selection committee for garbage service is forming; blending local businesses and community members. The committee will review the RFP's and make a recommendation to the Public Works Committee and the Mayor. If you are interested in participating on the selection committee contact Gina Hungerford, via e-mail at hungerford@ci.kent.wa.us at (253) 856-5549, or Kelly Peterson at kpeterson@ci.kent.wa.us/ (253) 856-5547, for additional information. Information Only/No motion required at this time ITEM 3 — Green River Levee Flood Protection Amendment to Purchase of Flood Protection Structures: Public Works Director, Larry Blanchard introduced Environmental Engineering Supervisor, Alex Murillo summarized that the Howard Hanson Dam controls the storm water runoff from the Upper Green River Watershed, an area 220 square miles in size, and protect the valley area of the City of Kent through its control of the flows in the Green River. During the storm event in January, 2009, there was excessive seepage though the right abutment on the dam. The Corps of Engineers are working to determine the path of that seepage. It is believed that the dam will not be able to operate at full capacity. The bond sale that was recommended for approval by the Public Works Committee, $1,500,000.00 of the bond money is to be used for temporary flood protection from the Green River. In order to begin purchasing the large quantities of flood protection materials needed along the Green River Levees this winter, the Public Works 2 f PUBLIC WORKS COMMITTEE MINUTES Monday, August 3, 2009 Department requested to begin purchasing water-filled flood protection structures in I advance of the bond funding being available in City accounts. Structural and hydraulic analysis on the levee is currently being done to see if it will 1 hold the structures. Once the information comes back from the hydrologist we will figure out where to place the devices. Harmon thanked staff for being pre-active and for looking for local vendors. I Harmon move to amend July 7, 2009, authorization for 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 $1,500.000.00 to allow for purchase of other types of flood protection structures, and all necessary equipment and contracts to install and protect said structures. The motion was seconded by Raplee and passed 3-0, with Ranniger's concurrence. ITEM 4 — Update/Street Grant Project: Deputy Public Works Director, Tim LaPorte gave an informational PowerPoint presentation showing various projects and the funding gap for each. Information Only No Motion Required ITEM 5 — Update/Residential Traffic Calming: Engineering Design Supervisor, Chad Bieren gave an informational PowerPoint presentation highlighting what we have been up to in the past few months in regards to Residential Traffic Calming. Information Only No Motion Required ITEM 6 — Update/Safe Walking Routes to School: Engineering Design Supervisor, Chad Bieren gave a brief history of the Grant that the Police Department was able to secure for Safe Walking Routes to School. Highways and Local Programs accepted a new scope of work to substitute an asphalt 5' path instead of sidewalk, curb and gutter. The project schedule depends on final environmental approvals from WSDOT. We hope to begin construction this fall or next spring. Information Only No Motion Required ITEM 7 — Update/Operations 2009 2"d Quarter Status: f This item was removed from the agenda until August 17, 2009. Adiourned: The meeting was adjourned at 5:38 p.m. Next Scheduled Meeting: Monday, August 17, 2009 at 4:00 p.m. Cheryl Viseth, Public Works Committee Secretary l r ' CONTINUED COMMUNICATIONS ' A. r 1 r 1 1 1 r I r r r r r r r r iEXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION !