Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council Meeting - Council - Agenda - 08/03/2010
CITY OF KENT � City Council Meeting Agenda August 3, 2010 Mayor Suzette Cooke Jamie Perry,Council President � t Councilmembers Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee WNSNINOTON Les Thomas CITY CLERK a I KENT CITY COUNCIL AGENDAS KENT August 3, 2010 WASH NGIDH Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** COUNCIL WORKSHOP CANCELLED ********************************************************************** COUNCIL MEETING AGENDA 5..00 o.m. I1. 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 5. PUBLIC HEARINGS A. Federal Way School District Street Vacation Ordinance 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - None C. Excused Absence for Councilmember Higgins - Approve D. Council Procedure Resolution - Adopt E. Amendment to Valley Communications Center Interlocal Agreement - Authorize F. HYAS Group Investment Consultant Contract - Authorize G. Amendment to 2010 Public Defense Services Agreement - Authorize H. King County Summer Work Training Grant Agreement - Authorize I. 2010 4Culture King County Performance Network Grant - Authorize 3. Federal Way School District Easement Agreement for West Hill Park - Authorize K. Peter Short Plat Bill of Sale - Accept (Continued) COUNCIL MEETING AGENDA CONTINUED 7. OTHER BUSINESS A. Regional Fire Authority Interlocal Agreement - Authorize 8. BIDS A. 2010 Citywide Large Storm Sewer Pipe Maintenance 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT 1 t 1 NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.choosekent.com 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. a ytEv v o - >- Tu ms b `° o is a`o A c E�'� v 7 Y 0 O N E O C c m V E 0 coao nv mr.E v cc > EaE. o v N o o v ° O 0�-0 N G C N m V ra O1 i V 7 C C C N v HO mC� O O N V USM E LW L ]a-NOV'WI C oEv ELo-o vET mU N c o nY o c u � L' v vo N1O � o o Nu � aro L°� Lv3NE ro • ''��� b b� o>-o� cvo-aE a ot� - o°� v U j 1 L O ro C-y L V u N o y� ewi .• U � 0� � 03 �'3 °' w oo_- v� vEcro ���L' w ; ca u o T� y E -ym ',- 2 ro '° •. m v� c v c0 c cw v N mU b� cv E.n E c O u no 0 ocuo `� E � 'N^ m 3 E E P • � roum� 'L ovnoNa� o °� � `aYv ° EooE �o E �Y'°,-vc° aroi pc < A aQm � roa. �� �V bra a. 0A � �' c °.E °u� ''-o '^ c°S UE " 09v >. t m� N wi $_o o > ro-u�v� E C E V aE •� N F- oT `� c ,amE , D- n E r o ° E�� ro.f >, -° � L c o Y o a o a U o c _ ` o`2v V u j o E v—u-0L v e E a 2 E U E vcuH 0 v Em o-E cs-o4 v - cd ra o-> En. cAnu °A.. � > > ��.cE E.. ° °' c LNro '" ro " O o n -o o ro c E o ° u v coo'= ti w �7 o O L o E p ro N T AV oY V � �LU ° Eo uu� 0D - u o UEbu� ou F,o ELozro ,o T wEc r� u Ev �E E � o-o ,>-, �o E_�n•- �n ro in ci EC Eu °N �_ ms3Lvwvb V ros � �° FoovocR v ro� c �v� moLV oSvm �so o .,� � 3N o N v - LcEu.. � .. uc V 4✓ N C Y N T° u V iG 3 C j v O y O N-O ro V ro E J - 16 b0— J G M= K C Q V a • c vs F., ° �°�3v V E n o ��°> °c°6v� E 3 N ~Qc 2 ro—s c—aN a y o Y oc V c N V j �J O Ul V �' t0 Y^V• c N E m V C N 'a K<F m C K 9 �r C D ro � nAq O NEb-� auN f="'� VET �L3aEro � o� 2m� mmv'^ cvro� aut._ ww�� � c-° Ev ° oo cu � .�. cmEE� EuE Ep A� � _ o ... -EV � u21.'. .0 NL w L ° EL N 2-s O O O� ° o N 0 O� Eo c0 2v N y y N V �6 E m v 7 E V C0 V Qt-U.. oL �.fl VVV RSV�!_^ EroF-Y V U o of aOw�a-O � a_`�� a.C� l-•o s •Z o W > N U T Z 3 N N aci 3 EEE < c • ro N N Y oo 3 m cx V j N� NO j0 ro V O OJ j V Z i`nz ° M T LLI =YU �~ U3 co L) c o c YY co co� O V w d w c d c0 c O L a O O '.d V �n C ` E E N Y u is CL � OQf6 aroi A o0 o; E mu n c � ECN �s � ^ O > ` E`o c �> ro-° v off= o E ro� ro cc2 ro� ro� o� V LV N o `! is O` L'O V i9 ovo L.. aCi ?Y u aS�. TIC mro roLn 30 OO . V< CY •` n°' N �`N O� 0-0 a av aa o` av E �o � T � yc' vvoa ° m ° 4 �v ' acd <U > aE � EmL < AO Q �V`� Ln COUNCIL WORKSHOP i i 1 i i 1 CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC 1 1 1 1 1 1 t 1 PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION IB) COMMUNITY EVENTS I 1 L 1 rKent City Council Meeting Date Auaust 3, 2010 Category Public Hearings - 5A 1. SUBJECT: FEDERAL WAY SCHOOL DISTRICT STREET VACATION ORDINANCE I I 2. SUMMARY STATEMENT: On July 6, 2010, the City Council adopted Resolution No. 1830 regarding the vacation of a portion of South 268th Street setting August 3, 2010, as the public hearing date on the street vacation. In this instance, the applicant, the Federal Way School District, has fulfilled the pre- conditions necessary to vacate this street by entering into an agreement with the City where the District has promised to complete all improvements within 4 years. This includes the District's obligation to grant certain easements and to construct a pedestrian/bicycle pathway. As a result of this binding agreement, the conditions have been satisfied and staff recommends Council approve the street vacation with conditions set forth in the agreement. 3. EXHIBITS: Ordinance, Maps, Application, and Street Vacation Agreement 4. RECOMMENDED BY: City Council and Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds to adopt Ordinance No. vacating a portion of South 268th Street, between 42"6 Avenue South and 40" Avenue South. DISCUSSION: ACTION: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the vacation of a portion of South 268th Street, located in the City of Kent, Washington. RECITALS A. A petition has been filed to vacate a portion of South 268th Street in the City of Kent, as legally described in Exhibit "A" and as shown in Exhibit "B," both of which are attached and incorporated by this reference. B. The city's Public Works Department processed this petition and, after consulting with all appropriate city departments, secured technical facts regarding the proposed vacation. C. The city council fixed a time for a public hearing on the petition and the hearing was held with proper notice on August 3, 2010, and continued in the city council chambers of Kent City Hall. D. The city's Public Works Director recommended that the city council approve the petition, with conditions. 1 Street Vacation South 268th r E. After the public hearing on August 3, 2010, the city council approved the vacation with the conditions recommended by staff. Those conditions have since been satisfied or are the subject of a binding agreement for future performance. A copy of the agreement now executed by the Federal Way School District is attached as Exhibit C. F. The city council finds that the portion of the avenue/street sought to be vacated is: (1) a dedicated alley/street that is presently unused; (2) not abutting on a body of water and, therefore, not suitable for acquisition for port purposes, boat moorage or launching sites, park, viewpoint, recreation or education purposes, or other public use; and (3) a vacation which is in the public interest. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. - Vacation. A portion of South 268"' Street, in the city of Kent, as legally described in Exhibit "A" and as show in Exhibit "B," both of which are attached and incorporated, is hereby vacated. SECTION 3. - Vested Ric7ht. No vested rights shall be affected by the provisions of this ordinance. SECTION 4. - Severabiltty. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional 2 Street Vacation South 268th or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 6. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2010. APPROVED: day of , 2010. PUBLISHED: day of , 2010. 3 Street Vacation South 268th r 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 r r r t 4 Street Vacation South 268th 1 Federal Way School District Job No.246-019-010 June 16,2010 EXHIBIT "A" LEGAL DESCR[PnON FOR VACA'nON OF RIGFfT OF UYAY The north 30 feet of the northeast quarter of the southeast quarter of the southwest quarter of Section 27,Township 22 North, Range 4 East,W.M; EXCEPT the east 30 feet thereof, ALSO EXCEPT the west 30 feet thereof. Written by: D.LR.. Checked by: M,R.B rrtesm•job51246101M0071documentllegal-003doc / i i � p (-•-_,__� �;-'-+ram r;�_ ._ , .:.:,- '-r�- -,\I a�--�- -----� ,\ pull P! 1 I A1Iti;s 03 `w `— � _J �_r�an,•o_:nvr_r�uEs'_- ..r._�cwss �I \_�_I,—'--------— -- - ! W DOWNRlO AVF_nF_g / o � 77 D Ic 3 8 u n . --__ 3 z� iL I y 3 246 St d Sl i�� Unnamed IS, 4 fst tS 1 �5�248'St� �S2d6 St---y 9�. —_ Ica tr y� ��� � a249St t na �ry 17 � —S250'St --� try 5�250 PI a'-S251 cis S251 St S251 St S2M St-Ln S25T P�t � �� D S251�Ct r� y 5252 St S 2E2 St tY I�r ¢ ?� �a � 52t � rr( rf`r�—s � � t R ,�--�-- l�� � f + ) 4 _ =�S25G�St�?1 i� 5253 PI' ({+� ,e,S��� r� 54 Unnamed, u f U St r 7 f 3255St� t �Unnemed� �� ' f7 �•` 3255P1 ,J. r lull fS2il St""'C � ! }� 5 2 56 Sty ((fJ+ a�11 S 2.% St��+ a �J s"a �'J m II �+ `� I II „c ` Ij S 256 f*� FL— + t -- � 1�5 2�tr7 St ��..�..rS2y5'7 St3 �' � [�� L rs299 p.•-�I'v'"- 'r ��— S25H R( j � S260Ln ! y r—S264St to �S262 StJ'— tL` t /( 5252 PI� 4 � N n /rS2tti'•St L,q N 6 S263-St =4 S 26d St 7 u > \sit t d Sonarset Ln`. Ke-rtC1 m CS 265 St {fit? �� E rGiEET VACA71014 ct co 4 'u_` q ;m r \ 26SSt ' ca.nabr ry i209 St — g nr��BFCgewtc ,�t / + st rif T a Szrp a g ¢ aCa �S 274$t rry 5274 St I `� i `"-5270 Stv cj J 1� �I S 271 PI aIL a N 1 -OIL b i Proposed Vacation - So. 268th Street ' ^ t �. w. � T` _ � 'd`z "� i 'lax.., t• _` � « i . �` { i brdg I el too z !` � `" ,�� yam•... � � '� � r if w " �y #,e+; PAO G:L w Portion to be vacated t, 7, ;x sr — - MAli SMStre 4 .« IM1. rk } dl�_at`! aa •�M�;.# a= 1:7, x 01 ! '� � . ^� A Pedestrian Walkway II #,i'Z',i^; `nA I.� « ;, U" ttE yj►k�a6�r_.c�F.i'F AVC rh `°tee` "'x�"° YsY ` ', A IF i33 v. r q� kiry�, i `,a pp ,. N , -,.. a,dh F�` _ t _ t ;p+p I �+ �`' �"�'*0i� " I - (� _",+rt � a, sy.. 3w# ;�( l iiX � fl _ 'yam x•5 t i ��� ,I,*.q+��j( _Z�✓$'. a...�t' - I Ff Mi4 Ai i! el$WtN 4 yshfiA _ •• .ay.l '� _ 'h'y'�`'' y,.,,".. M1d� « (E� 'F'K II iL � 54i4 z r V:: A IT TF 'Sz R'P, U I'GI%fiv se va e3.m cd St'�£ S Rtg Type Tracking Number a t C>O7 1 Project Name r T A<-- Date Submitted Application received by: C mM y 0 KENo. � � � � WAS H_14 STREET AND/OR ALLEY APR — 9 top VACATION APPLICATION AND PETITION CITY OF KENT CITY CLERK Applicant/Contact Federal Way Public Schools Contact Person Mike Bowen (ESM Consulting Engineers) Address 181 S 333`d Street, Bidg C,Suite 210 City Federal Way, WA 98003 Phone 253-838-6113 (Mike Bowen) 253-945-5934 (Rod Leland, FWPS Facilities) E-mail: mike bowen@esmcivii corn Dear Mayor and Kent City Council: We, the undersigned abutting property owners, hereby respectfully request that I certain ❑ Alley L< Street hereby be vacated described as follows (include square feet). D ABUTTING PROPERTY OWNERS Assessor's Parcel Number/LEGAL- SIGNATURES AND ADDRESSES LOT, BLOCK & PLAT/SEC.TWN.RNG. Federal Way School District No. 210 APN# 2722049162 -SW1/4 NW1 A SE1/4 & 26630 th Ave Ke WA 911032 SE1/4 NE1 A SW1/4 LESS STREETS S27,T22N, R4E Federal Way School District No. 210 APN# 2722049112, 2722049026 - E 5AC 4014 0`h 11 Ken, 98032 N1/2 W 30 AC SE1/4 SW1/4 LESS CO RDS & E 5AC N1/2 SE1/4 SW1/4 LESS CO RDS Z� S27,T22N, R4E $150 00 Fee Paid Treasurer's Receipt No.: O Appraisal Fee Paid Treasurer's Receipt No.: Land Value Paid Treasurer's Receipt No.: Deed Accepted Date: Trade Accepted Date: P1Pib6elPropertyManagemen0a y\fonns\PMFormslVacahon App doe Please submit the following and attached: 0 A brief statement about why the vacation is being sought. 0 A "CURRENT" ownership and encumbrance report must be obtained from a Title Company and submitted with this application that covers all the abutting properties contiguous to alley or street sought to be vacated. When Corporations, partnerships, etc. are being signed for, proof of individual's authority to sign for same shall also be submitted. 0 A color-coded map of a scale of not less than 1" = 200' of the area sought for i vacation. (NOTE) Map must correspond with legal description. l� ❑ The abutting property owner's original signatures, addresses, assessor's parcel numbers and abbreviated legal description, e.g., lot, block & plat name or 1/4 section, township and range P\Pebhc\PropeAyManagement\Je y\Forms\PMForms\Vacation App doc 6 * ir April 12,2010 Job No. 246-019-010 Mr. Frank Grewell, Property Services Technician City of Kent- Land Survey/Public Works Division 220 Fourth Avenue South Kent,WA 98032 RE: Amending Application for Proposed Vacation - Permit RESV-2100714 Federal Way Public School District No. 210 Dear Mr. Grewell: Federal Way Public School District No. 210 would like to AMEND the application for the proposed street vacation. The district desires to have their occupancy permit for the proposed portable classrooms when classes start in September, 2010. With the recent revelation that 2/3rds of the abutters must sign the petition,the district is concerned that the occupancy deadline may not be met under this condition Consequently, we would like to remove 42nd Avenue S. from this application This is the 30'strip of land on the east side of Parcel # 2722049026 running in a north-south direction as shown on the enclosed map exhibit By removing this strip from the application, we understand that there will be no additional signatures required other than those of the district Vacation of this strip may be pursued at a later date under a separate application. Please contact me if you have any questions or comments Very truly yours, ESM CONSULTING ENGINEERS, LLC. P/Ijj W/�r-f3..-64A-4 _ MICHAEL R BOWEN, PLS Sr.Vice President/Director of Survey Enclosures Uesm-IOW246101910 WooumeMtletter-002doo ESM Fad.nl Way ESN Ev.nu ESA Eaalun Washington vJ E ota R.,+� 181 5 333rd St.Bldg C.Sit 218 1010 SE Evv.11 Mall Way Sit 703 2211 W 0olarway 0d,St.I 4,6 ca•rvvily 'anCuaDa;.r Mi'xt+rrr F.d.ral Wry WA 76003 Ewnll WA 98204 Eitona5org WA 90926 253 836 4113 1.1 425 297 9900 lot 501 942 2608 tot 800 345 5674 tall R.a 446 AIS 414A toll Ina 077 962 2605 loll Irv# awn.x•nq•.•l aim 253 030 7194 W 425 297 9111 lac 509 962 2611 fax I March 18, 2010 Job No. 246-019-010 Mr. Frank Grewell, Property Services Technician City of Kent- Land Survey/Public Works Division 220 Fourth Avenue South Kent, WA 98032 RE: Proposed Vacation of Portions of S. 26e St and 42Dd Avenue S. Federal Way Public School District No. 210 Dear Mr. Grewel€: Federal Way Public School District No. 210 seeks the vacation of the unopened portions of the right-of-ways for S. 26e Street and 42°0 Avenue S adjoining their properties listed with the King County Assessor's offlee under parcel numbers 2722049152, 2722049112 and 2722049026. The interest in said right-of-way lands is conveyed to the County by quit claim deed recorded under King County Recording Number 4918219. The District proposes use of areas to be vacated for placement of portable classroom units. Utility easement rights will remain over areas to be vacated. Please contact me if you have any questions or comments. Very truly yours, ESM CONSULTING ENGINEERS, LLC. 4LO I DANIEL RARE, LSIT Sr.Survey Technician Enclosures I lesm-lobs124 6 101 910071documentlletter-001 doe ESM Federal Way ESM Everett ESM Eastern Washington C,vil CngmoermD Lana Plamm�q I8f S 333rd SI Bldg C.Ste 2f0 1010 SE Everett Mall Way Ste 203 2211 W Dolarway Rd,Ste 1 Federal Way WA 90903 Everett WA 98208 Ellensburg WA 98926 Land Smveyonq Landscape Archnecmro 253 038 6113 tel 425 297 9900 let 509 062 2608 let 30 Lasor Scanning GIs 800 345 5694 toll free 846 416 6144 toll free 877 962.26DB tall free •mw osm Nvd com 253 838 7104 fax 425 297 91,01 tax 509 962 2611 fax | 2 ( | @ \ 0rlrT \ . \ i ; \ •! ° | \I � \ } \ § @ 0 ) ammm±_ o ; . R m m .Wt _+ ___ � b B @ § § 9 � � \ & ; § § 9 2 \ ;f • dci w § @ � : ` ( Lu � � | � i Form No. 14 Guarantee No.NCS-326627-WAI Subdivision Guarantee =i = r A, T f Issued by First American Title Insurance Company 618 Stewart Street, Suite 800, Seattle, WA 98101 rtle Officer.- Mike Cooper Phone: (206)728-0400 FAX- (206)448-6348 r First American Title Insurance Campany Form No 14 Guarantee No NCS-326627-WAS Subdivision Guarantee(4-10-75) Page No 1 First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 - (800)526-7544 FAX (206)448-6348 Mike Cooper Vincent Nguyenpham (206)615-3107 (206)615-3267 mcooper@firstam.com vnguyenpham@firstam.com SIXTH SUBDIVISION GUARANTEE LIABILITY $ 3,000.00 ORDER NO.: NCS-326627-WA1 FEE $ 500.00 TAX $ 44.50 YOUR REF.: 26630 40th Ave. S., Kent, WA 98032 First American Title Insurance Company a Corporation, herein called the Company tSubject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES ESM Consulting Engineers, LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R C W., and the local regulations and ordinances adopted pursuant to said statute It is not to be used as a basis for closing any transaction affecting title to said property. Dated: April 22, 2010 at 7:30 A.M. first American Title Insurance Company Form No 14 Guarantee No-NCS-326627-WAI Subdivision Guarantee(4-10.75) Page No.2 SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Federal Way School District#210, King County, Washington B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: PARCEL A: SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 4, EAST W.M., IN KING COUNTY,WASHINGTON. EXCEPT THAT PORTION CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 5561010, IN KING COUNTY, WASHINGTON, PARCEL B: THE EAST 5 ACRES OF THE NORTH HALF OF THE WEST 30 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 4 EAST W M., IN KING COUNTY, WASHINGTON 1� EXCEPT THAT PORTION FOR STREETS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 4918219, IN KING COUNTY, WASHINGTON. PARCEL C: THE EAST 5 ACRES OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27,TOWNSHIP 22 NORTH, RANGE 4 EAST W.M., IN KING COUNTY, WASHINGTON. EXCEPT THAT PORTION FOR STREETS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 4918219, IN KING COUNTY, WASHINGTON. First American Title Insurance Company t Form No 14 Guarantee No•NCS-326627-WAI Subdivision Guarantee(4-10-75) Page No 3 APN: 272204-9152-06, 272204-9112-05 and 272204-9026-00 First American 7itle Insurance Company Form No 14 Guarantee No NCS-326627-WAI Subdivision Guarantee(4-10-75) Page No 4 RECORD MATTERS: 1. This item has been intentionally deleted. 2. The terms and provisions contained in the document entitled "Ordinance No. 1904" recorded April 17, 1975 as Recording No. 7504170427 of Official Records. 3. Easement, including terms and provisions contained therein: , Recording Information: January 18, 1977 under Recording No. 7701180671 In Favor of. Pacific Northwest Bell Telephone Company, a Washington corporation, its successors and assigns For: Communication lines Affects: Parcel A 4. This item has been intentionally deleted. 5 Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey recorded July 22, 2005 under Recording No. 20050722900017, recorded in Volume 190 of surveys, at Page 131, in King County, Washington. The easement depicted on said survey has been released of record. 6. Easement, including terms and provisions contained therein: Recording Information: January 5, 2006 under Recording No. 20060105000858 In Favor of- Qwest Corporation, a Colorado corporation For: To construct, reconstruct, modify, change, add to, operate, maintain, and remove such telecommunications facilities, electrical facilities and appurtenances Affects: Parcel A 7. Easement, including terms and provisions contained therein: Recording Information: May 3, 1969 under Recording No. 6509715 In Favor of: City of Kent For: Sewer utilities Affects: Parcel A 8. The matters that may be disclosed upon recordation of the final subdivision. 9. Delinquent taxes may be subject to foreclosure proceedings by King County. Additional amounts may also be owing in connection with the foreclosure process We note Special Charges for the year 2010 in the amount of$14.95, of which $14.95 has been paid. Balance due: $0.00. (Affects Parcel A) 10. Delinquent taxes may be subject to foreclosure proceedings by King County. Additional amounts may also be owing in connection with the foreclosure process. RrstAmerrcan Tide Insurance Company >� Form No 14 Guarantee No•NCS-326627-WAS Subdivision Guarantee(4-10.75) Page No 5 We note Special Charges for the year 2010 in the amount of$12.69, of which $12.69 has been paid. Balance due: $0.00. (Affects Parcel B) 11. Delinquent taxes may be subject to foreclosure proceedings by King County. Additional amounts may also be owing in connection with the foreclosure process. 1 We note Special Charges for the year 2010 in the amount of$12.08, of which $12.08 has been paid. Balance due: $0.00. (Affects Parcel C) 12. Covenants,conditions and restrictions contained in a deed recorded August 2, 1956 as document no. 4669870 relating to, among other things. This property is to be used for an Elementary School Site and reverts back to the County if not used for that purpose. (Affects Parcel C) 13. Easement, including terms and provisions contained therein: Recording Information: January 26, 1976, Recording No. 7601260018 In Favor of: City of Kent, a municipal corporation For: A right-of-way or easement for sanitary sewers Affects: Parcel B 14. Right to make necessary slopes for cuts or fills upon said premises for 39th Avenue South, south 268th Street and 42nd Avenue South as granted by deed recorded July 3, 1958 under recording no. 4918219. e r r RrstAmencan Title Insurance Company Form No 14 Guarantee No NCS-326627-WA3 Subdivision Guarantee(4-10-75) Page No 6 w INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First ' American expressly disclaims any liability which may result from reliance made upon it. 1 1 1 1 FirstAmencan rtle Insurance Company r Form No 14 Guarantee No.:NCS-326627-WAI Subdivision Guarantee(4-10-75) Page No'7 SCHEDULE OF E%CLUSIONS FROM COVERAGE OF THIS GUARANTEE 1 Except to the extent that specific assurance are provided in Schedule A of this Guarantee,the Company assumes no liability for loss or damage by reason of the following. (a) Defects,hens,encumbrances,adverse claims or other matters against the title,whether or not shown by the public records (b) (1) Takes or assessments of any taxing authority that levies taxes or assessments on real property,or, (2)Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under(1)or(2)are shown by the records of the taxing authority or by the public records (c) (1) Unpatented mining claims,(2)reservations or exceptions in patents or in Acts authorizing the issuance thereof,(3)water rights,claims or title to water,whether or not the matters excluded under(1),(2)or(3)are shown by the public records 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following 1 (a in ) Defects, liens,encumbrances,adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth Schedule(A),(C)or in Part 2 of this Guarantee,or title to streets,roads,avenues,lanes,ways or waterways to which such land abuts,or the right to maintain therein vaults,tunnels,ramps,or any structure or improvements;or any rights or easements therein,unless such property,rights or easements are expressly and specifically set forth in said description (b) Defects, liens,encumbrances,adverse claims or other matters,whether or not shown by the public records,(1)which are created,suffered,assumed or agreed to by one or more of the Assureds, (1) which result in no loss to the Assured, or(3)which do not result in the invalid ty or potential invalidity of any judicial or non•judraal proceeding which is within the scope and purpose of the assurances provided (c) The identity of any party shown or referred to in Schedule A (d) The validity,legal effect or priority of any matter shown or referred to In this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS r 1. Definition of Terms. The following terms when used in the Guarantee mean any fees,costs or expenses incurred by an Assured in the defense of those causes of (a)the"Assured" the party or parties named as the Assured in this Guarantee,or action which allege matters not covered by this Guarantee on a supplemental wntmg executed by the Company (c)Whenever the Company shall have brought an action or interposed a defense (b)"land" the land described or referred to in Schedule(A)(C)or in Part 2,and as permitted by the provisions of this Guarantee, the Company may pursue any improvements affixed thereto which by law constitute real property The term"land" litigation to final determination by a court of competent jurisdiction and expressly does not include any property beyond the Imes of the area described or referred tom reserves the right,in its sole discretion,to appeal from an adverse judgment or order Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in (d) In all cases where this Guarantee permits the Company to p-osecute or abutting streets,roads,avenues,alleys,lanes,ways or waterways, provide for the defense of any action or proceeding, an Assured shall secure to the (c)"mortgage" mortgage,deed of trust,trust deed,or othersecunty instrument. Company the right to so prosecute or provide for the defense of any action or (d) "public records" • records established under state statutes at Date of proceeding,and all appeals therein,and permit the Company to use,at its option,the Guarantee for the purpose of imparting constructive notice of matters relating to real name of such Assured for this purpose, Whenever requested by the Company, an property to purchasers for value and without knowledge Assured,at the Company's expense,shall give the Company all reasonable aid in any (e)"date" the effective date. action or proceeding, securing evidence, obtaining witnesses, prosecuting or r defending the action or lawful act which in the opinion of the Company may be 2 Notice of Claim to be Given by Assured Claimant, necessary or desirable to establish the title to the estate or interest as stated herein, An Assured shall notify the Company promptly in writing in case knowledge shall or to establish the lien rights of the Assured If the Company is prejudiced by the come to an Assured hereunder of any claim of title or Interest which is adverse to the failure of the Assured to furnish the required cooperation,the Company's obligations title to the estate or interest,as stated herein,and witch might cause loss or damage to the Assured under the Guarantee shall tern-mate for which the Company may be liable by virtue of this Guarantee If prompt notice shall not be given to the Company, then all liability of the Company shall terminate S. Proof of Loss or Damage. with regard to the matter or matters for which prompt nonce is required, provided, In addition to and after the notices required under Section 2 of these Conditions and however, that failure to notify the Company shall in no case prejud,ce the rights of Stipulations have been provided to the Company, a proof of loss or damage signed any Assured under this Guarantee unless the Company shall be prejudiced by the and sworn to by the Assured shall be furnished to the Company within ninety (90) failure and then only to the extent of the prejudice, days after the Assured shall ascertain the facts giving rise to the loss or damage The proof of loss or damage shall describe the matters covered by this Guarantee which 3. No Duty to Defend or Prosecute. constitute tile basis of loss or damage and shall state, to the extent possible, the The Company shall have no duty to defend or prosecute any action or proceeding to basis of calculating the amount of the loss or damage If the Company is prejudiced which the Assured is a party, notwithstanding the nature of any allegation in such by the failure of the Assured to provide the required proof of loss or damage, the , action or proceeding Company's obligation to such Assured under the Guarantee shall terminate In addition, the Assured may reasonably be required to submit to examination under 4. Company's Option to Defend or Prosecute Actions; Duty of Assured oath by any authorized representative of the Company and shall produce for Claimant to Cooperate examination,inspection and copying,at such reasonable times and places as may be Even though the Company has no duty to defend or prosecute as set forth in designated by any authorized representative of the Company, all records, books, Paragraph 3 above ledgers, checks, correspondence and memoranda, whether bearing a date before or (a)The Company shall have the right,at its sole option and cost,to institute and after Date of Guarantee,which reasonably pertain to the loss or damage Further,if prosecute any action or proceeding, interpose a defense, as limited in(b), or to do requested by any authorized representative of the Company,the Assured shall grant any other act which in its opinion may be necessary or desirable to establish the title its permission, in writing, for any authorized representative of the Company to to the estate or interest as stated herein, or to establish the lien rights of the examine, Inspect and copy all records, books, ledgers, checks, correspondence and Assured,or to prevent or reduce loss or damage to the Assured The Company may memoranda in the custody or control of a third party,which reasonably pertain to the take any appropriate action under the terms of this Guarantee,whether or not it shall Loss or Damage All information designated as confidential by the Assured provided be liable hereunder,and shall not thereby concede Lability or waive any provision of to the Company, pursuant to this Section shall not be disclosed to others unless, in this Guarantee If the Company shall exercise its rights under this paragraph,R shall the reasonable judgment of the Company,it is necessary In the administration of the do so diligently claim Failure of the Assured to submit for examination under oath, produce other (b)If the Company elects to exercise its options as stated in Paragraph 4(a)the reasonably requested information or grant permission to secure reasonably necessary Company shall have the right to select counsel of its choice(subject to the right of information from third parties as required in the above paragraph, unless prohibited such Assured to object for reasonable cause) to represent the Assured and shall not by law or governmental regulation,shall terminate any liability of the Company under be liable for and will not pay the fees of any other counsel,nor will the Company pay this Guarantee to the Assured for that claim Form No 1282(Rev 12115195) r r . FIrstAmerican Title Insurance Company 6. Options to Pay or Otherwise Settle Claims:Termination of Liability. (c)The Company shall not be liable for loss or damage to any Assured for liability in , In case of a claim under this Guarantee, the Company shall have the following voluntarily assumed by the Assured settling any claim or sui' 'Nrth0ut the additional options prior written consent of the Company. (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness 9. Reduction of Liability or Termination of liability. The Company shall have the option to pay or settle or compromise for or in the name All payments under this Guarantee, except payments made for costs,attorneys'fees of the Assured any claim which could result m loss to the Assured within the coverage and expenses pursuant to Paragraph 4 shall reduce the amount of lability pro tanto of this Guarantee,or to pay the full amount of this Guarantee or,if this Guarantee is issued for the benefit of a holder of a mortgage or a aenholder, the Company shall 10. Payment of Loss. have the option to purchase the indebtedness secured by said mortgage or said lien (a)No payment shall be made without producing this Guarantee for endorsement for the amount owing thereon,together with any costs,reasonable attorneys fees and of the payment unless the Guarantee has been lost or destroyed,in which case proof , expenses Incurred by the Assured clamant winch were authorized by the Company up of loss or destruction shall be furnished to the satisfaction of the Company to the time of purchase (b) When liability and the extent of loss or carnage has been definitely fixed in Such purchase, payment or tender of payment of the full amount of the Guarantee accordance with these Conditions and Stipulations, the loss or damage sl•all be shall terminate all liability of the Company hereunder In the event after notice of payable within thirty(30)days thereafter. claim has been given to the Company by the Assured the Company offers to purchase , said indebtedness, the owner of such indebtedness shall transfer and assign said 11. Subrogation Upon Payment or Settlement. indebtedness,together with any collateral security,to the Company upon payment of Whenever the Company shall have settled and paid a claim under this Guarantee,all the purchase price right of subrogation shall vest In the Company unaffected by any ad of the Assured Upon the exercise by the Company of the option provided for in Paragraph(a)the claimant Company's obligation to the Assured under this Guarantee for the claimed loss or The Company shall be subrogated to and be entitled to all rights and remedies which damage,other than to make the payment required in that paragraph, shall terminate, the Assured would have had against any person or property in respect to the claim had including any obligation to continue the defense or prosecution of any litigation for this Guarantee not been issued If requested by the Company, the Assurcd shall which the Company has exercised its options under Paragraph 4,and the Guarantee transfer to the Company all rights and remedies against any person or property shall be surrendered to the Company for cancellation necessary in order to perfect this right of subrogation. The Assured shall permit the (b)To Pay or Otherwise Settle With Parties Other Than the Assured or With the Company to sue, compromise or settle in the name of the Assured and to use the Assured Claimant name of the Assured In any transacton or litigation involving these rights or remedies To pay or otherwise settle with other parties for or in the name of an Assured claimant If a payment on account of a claim does not fully cover the loss of the Assured the any claim Assured against under this Guarantee,together with any costs, attorneys' Company shall be subrogated to all rights and remedies of the ,assured after the fees and expenses incurred by the Assured claimant which were authorized by the Assured shall have recovered its principal,interest,and costs of collection Company up to the time of payment and which the Company is obligated to pay Upon the exercise by the Company of the option provided for in Paragraph(b) the 12. Arbitration. Company's obligation to the Assured under this Guarantee for the claimed loss or Unless prohibited by applicable law,either the Company or the Assured may demand damage,other than to make the payment required in that paragraph, shall terminate, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration rncludrrg any obligation to continue the defense or prosecution of any litigation for Association Arbitrable matters may include,but are not limited to,any controversy or which the Company has exercised its options under Paragraph 4 claim between the Company and the Assured arising out of or relating to this Guarantee,any service of the Company in connection with its issuance or the breach 7. Determination and Extent of Liability. of a Guarantee provision or other obligation All arbitrable matters when the Amount This Guarantee is a contract of Indemnity against actual monetary loss or damage of Liability is$1,000,000 or less shall be arbitrated at the option of eithei the Company sustained or recurred by the Assured claimant who has suffered loss or damage by or the Assured All arbitrable natters when the amount of tabdrty is in excess of reason of reliance upon the assurances set forth in this Guarantee and only to the $1,000,000 shall be arbitrated only when agreed to by both the Company and the , extent herein described, and subject to the Exclusions From Coverage of This Assured The Rules in effect at Date of Guarantee shall be binding upon the parties Guarantee The award may include attorneys'fees only if the laws of the state in which the land is The Liability of the Company under this Guarantee to the Assured shah not exceed the located permits a court to award attorneys'fees to a prevailing party )udgment upon least of the award rendered by the Arbitrator(s) may be entered in any court having (a)the amount of liability stated in Schedule A or in Part 2, jurisdiction thereof (b)the amount of the unpaid principal indebtedness secured by the mortgage of an The law of the situs of the land shall apply to an arbitration under the Title Insurance Assured mortgagee, as limited or provided under Section E of these Conditions and Arbitration Rules, Stipulations or as reduced under Section 9 of these Conditions and Stipulations,at the A copy of the Rules may be obtained from the Company upon request time the loss or damage Assured against by this Guarantee occurs, together with interest thereon,or 13. Liability Limited to This Guarantee;Guarantee Entire Contract (c) the difference between the value of the estate or interest covered hereby as (a)This Guarantee together with all endorsements, if any, attached hereto by the stated herein and the value of the estate or interest subject to any defect, lien or Company is the entire Guarantee and contract between the Assured and the encumbrance Assured against by this Guarantee Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. S. Limitation of Liability. (b)Any claim of loss or damage,whether or not based on negligence,or any action (a) If the Company establishes the title, or removes the alleged defect, lien or asserting such claim,sha I be restricted to this Guarantee encumbrance, or cures any other matter Assured against by this Guarantee in a (c) No amendment of or endorsement to this Guarantee can be made except by a reasonably diligent manner by any method, including litigation and the completion of writing endorsed hereon or attached hereto signed by either the President, a Vice any appeals therefrom,it shall have fully performed its obligations with respect to that President, the Secretary, an Assistant Secretary, or vabCat rig officer or authorized matter and shall not be liable for any loss or damage caused thereby signatory of the Company (b)In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final 14. Notices,Where Sent. determination by a court of competent jurisdiction, and disposition of all appeals All notices required to be given the Company and any statement in writing required to therefrom,adverse to the title,as stated herein be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way Bldg 2,Santa Ana,CA 92707 Form No 1282(Rev 12115/95) i I r First American Title Insurance Company P Y STREET VACATION AGREEMENT South 2681h Street Between the City of Kent and Federal Way School District This Agreement is by and between the Federal Way School District ("District"), a political subdivision of the State of Washington, whose mailing address is , Federal Way, Washington , and the City of Kent , a Washington municipal corporation, whose mailing address is 220 41h Avenue South, Kent, Washington, 98032, ("City"). The purpose of this Agreement is to establish the terms and conditions upon which the Public Works Director will recommend that the City Council adopt a vacation ordinance. RECITALS A. The District is the sole underlying fee owner of the City's right of way for South 268th Street between 42Id Avenue South and 40th Avenue South in Kent, Washington, more specifically described in Exhibit A. incorporated by this reference, and as shown on Exhibit B ("ROW"), incorporated herein by this reference. B. The District has petitioned for vacation of the ROW herein described and intends to place portable classrooms upon the property. C. The ROW has not been opened to vehicular travel. D. Within the ROW are a number of utility facilities, including a City water utility line. E. The ROW is necessary for pedestrian travel between 40th Avenue South and 42"d Avenue South and to connect to a City pedestrian way in the Plat of Cambridge 6 (recorded under King Co. No. 6406171) as shown on Exhibit B. F. The ROW is not required for vehicular travel, but utility facilities must be relocated and the pedestrian way reserved and improved. Based upon the foregoing and in consideration of mutual benefits hereby acknowledged, the District and the City agree as follows: AGREEMENT Street Vacation Agreement (Between City of Kent and Federal Way School District) Page 1 of 4 r 1. The foregoing Recitals are adopted into this Agreement by this reference and r all referenced Exhibits are adopted into this Agreement. 2. The subject ROW may be vacated by ordinance subject to the conditions in t the following paragraphs 3 through 5. 3. Prior to the placement of the portable classroom buildings, all utility facilities will be relocated off the ROW by the District at District expense the terms for which shall be negotiated between the facility owners and the District to the satisfaction of the Public Works Director. 4. Prior to the placement of the portable classroom buildings, the City's water line will be relocated by the District at District expense as shown in Exhibit C and subject to approval and acceptance by the Public Works Director. An easement for the water line, access thereto and maintenance thereof will be deeded to the City. Exhibit D. 5. The pedestrian/bicycle pathway ("pathway") will be improved by the District at District expense at a specific location on property owned by the District to be mutually agreed upon by the District and the City. The minimum dimensions of the pathway shall be 12 feet in width and 4 inches in depth of pervious asphalt pavement. The pathway shall extend from the Plat of Cambridge 6 pathway as shown on Exhibit B, across the 42 d Avenue South right of way to 40"' Avenue South. The pathway will be completed no later than the end of calendar year 2014 at which time the District will deed the pathway easement in perpetuity to the City and transfer ownership of the improvement to the City. Pathway work will be regarded as complete upon acceptance by the Public Works Director. 6. Permits and inspections for conditions described in Item B under "Recitals" and t in item 4 under "Agreement" shall be issued and performed by the City in a timely manner in order to facilitate the execution and completion of the work. Street Vacation Agreement (Between City of Kent and Federal Way School District) Page 2 of 4 7. This Agreement shall be effective as of the last date below executed. CITY OF KENT FEDERAL WAY ' SCHOOL DISTRICT By: Suzette Cooke By: Its: Its: Dated Dated: 1 i i i i i 1 i Street Vacation Agreement (Between City of Kent and Federal Way School District) Page 3 of 4 i Exhibit List: A. Legal description of ROW 1 B. Aerial or map showing ROW, new water line easement and Cambridge 6 1 pathway. C. Site Plan for relocated water line. , D. Deed for water line easement. 1 1 1 P:\Civil\Files\OpenFiles\1526-Street Vacations\Agreement Federal Way SD.docx Street Vacation Agreement 1 (Between City of Kent and Federal Way School Distrrct) Page 4 of 4 1 Federal Way School District Job No.246-019-010 June 16, 2010 EXHIBIT "N' LEGAL DESCRIP71ON FOR VACAT ON OF RIGHT OF WAY The north 30 feet of the northeast quarter of the southeast quarter of the southwest quarter of Section 27,Township 22 North, Range 4 East,W M; 1 EXCEPT the east 30 feet thereof, 1 ALSO EXCEPT the west 30 feet thereof. Written by: D.LR.. Checked by: M.R.B. 11esm-jobsIN M01910071dacum en Megal-003 d oc VVV � 1 1 r i 1 1 Z g U ¢ �—` 83I1N3AV DNINMOq ` I Z zo _ C _s'^`2° _ U ----IET - L-- _ u5 _ g 1 !�- �+ w 1 1 1 ' � F W o of TO, o ' --- II I I = � o�ccn --- IT] � o 30 o m W w us LJ QW 1 I gm ui <� W f I I I 2LLJ ,mc �0 4 a i COW CD ��:.. 1 x _ Q ' OZ U CD Z W W mN Q CY m Q / i� l I I OF m9 � •N'no r Q = N c wo� f0 fr aco �n I nZl of s (® Zg ��I I � ` rW I co I ` W o� v r I _ w v) a l I Q U w Qz�, pr co O W cD W Ico I I I ¢ Cw N I U N Q ol._� „ M w I CD 0 [ _ d u �w w W a � � o � o z 1 �r � z r °- w z w iri w cpw x � C, - - --- — a z 20 a EXHIBIT D , WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent Washington 96032 ' Attn: Engineering/Property Services Grantor: FEDERAL WAY SCHOOL DISTRICT #210 Grantee: City of Kent Abbreviated Legal Description: PORTION OF THE SW QUARTER OF ' SECTION 27, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF KENT, KING COUNTY, WASHINGTON. Additional Legal Description on page 4 of Document Assessor's Tax Parcel Nos. 2722049152, 2722049026, 2722049112 , STR: SECTION 27 TOWNSHIP 22 NORTH RANGE 4 EAST Project Name: TAF ACADEMY PORTABLE CLASSROOMS 2010 ' UTILITY EASEMENT (MUNICIPAL CORPORATION) THIS INSTRUMENT made this day of _ 20 by and between FEDERAL WAY SCHOOL DISTRICT #210 a municipal corporation hereinafter called "Grantors" and CITY OF KENT, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That said Grantors for and in consideration of mutual benefits and/or other valuable consideration receipt of which is hereby acknowledged by said Grantors, do by these presents grant, bargain, sell, convey, and confirm forever unto the said Grantee, Its successors and/or assigns, an exclusive easement for utilities with necessary appurtenances, , Including use of incidental areas immediately adjacent for the installation, operation, maintenance, extending, construction, altering, reconstructing and repair over, through, under, across and upon the following described property situated in King County, Washington, more particularly described as , follows: i t 1 Refer to Exhibit "D-V attached and made a part hereto The said Grantee shall have the right without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon said property and immediate adjacent areas with the necessary equipment for the purposes of altering, installation, operation, maintenance, extending, constructing, repair and reconstructing of said utilities or making any connections therewith without incurring any legal obligation or liability therefore; providing that said altering, installation, operation, maintenance, extending, constructing, repair and reconstructing of said utilities shall be accomplished in such a manner that the private improvements existing within this easement area including said incidental areas shall not be disturbed or ' destroyed, or in the event they are disturbed or destroyed, they will be replaced In as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right to use the surface of this easement including said incidental areas so long as said use does not interfere with the uses heretofore defined. Under no circumstances shall any cement concrete or any structures be placed or erected on this easement. Grantor shall not change the surface grades, except as approved In advance ' by said Grantee, in any manner which would unreasonably interfere with ingress, egress and access by said Grantee and/or adversely affect the existing utility and/or the utility to be installed therein. This exclusive easement shall be a covenant running with the land forever and shall be binding on the Grantor's successors, heirs, and assigns. GRANTOR: GRANTOR: by_ by Its its 1 1 STATE OF WASHINGTON ) 1 )ss. COUNTY OF KING } On this day of 120 before me a Notary Public in , and for the State of Washington,personally appeared and to me known to be the and ' of Federal Way School District#210, a Washington municipal corporation that executed the foregoing instrument,and acknowledged it to be the free and voluntary act of said municipal corporation,for the uses and purposes mentioned in this instrument,and on oath stated that they were authonzed to execute said instrument Notary Seal Must Appear Within This Box IN WITNESS WHEREOF, I have hereunto set my hand and official seal that day and year first above written NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: Kent Law Department i lesm,obst2A6101 910 0 71documentilegal-008doc ' � � j� rnuanitl�� tunlur_E. Federal Way School District Job No.246-019-010 June 15,2010 EXHIBIT "D-1" LEGAL DESCRIPTION FOR ' UTILITY EASEMENT That portion of the southwest quarter of Section 27,Township 22 North, Range 4 East W.M., in King County,Washington, more particularly described as follows: COMMENCING at the northwest corner of Lot 28 of the Plat of Cambridge 6,as recorded under Recording No.6496171; THENCE along the westerly line of said lot, being coincident with the easterly margin of unopened 42""Avenue South,S 00"57'46"W, 49 92 feet, THENCE N 89°17'36"W,30.00 feet to the westerly margin of said 42`"'Avenue South and the TRUE POINT OF BEGINNING; ' THENCE N 89017'26'W, 32041 feet; THENCE N 44017'26'W, 7365 feet, THENCE N 89017'26'W,22997 feet to the easterly margin of 40'"Avenue South; THENCE along said easterly margin,S 01 001'31" W, 2283 feet; THENCE S 88°57'57' E,5 60 feet; THENCE S 00059'195 W, 930 feet; THENCE S 89017'26" E,7998 feet; THENCE N 00042'34' E, 12,16 feet; ESK C10 an i War ESN E..n❑ ESN EuIHn W,0,,91on y 111 5 1111d St Wdg C 51.210 1010 SE Erv.1i Wall WAY St.201 2211 W D013rway Dd Ste 1 ' I ` . 1 r.aHal W.2 WA 91001 Eru.11 WA 19101 E04n.1Vr0 WA 9092e r 15117E d 111 fat t15 III 1 S001d "1t6221D11a 101'A 1194 ti fr.. Oid 115 11i1 loll in. "1 U2 i:D/19II Ir.. . 211 iD171081A ti11929S 01 Iu sdv tez 2Rl h. :1 11� Federal Way School District , June 15, 2010 Page 2 THENCE S 89017'26'E, 136.28 feet; THENCE S 44"1726° E. 73.65 feet; THENCE S 89017'26' E, 328.61 feet to said westerly margin of 42nd Avenue South THENCE along said westerly margin,N 00057'46' E, 2000 feet to the TRUE POINT OF , BEGINNING, Written by: D.LR. Checked by: M.R.B. i lesm jobsM24(i101910071documenlftal007doc i i EXHIBIT D-2 TO ACCOMPANY LEGAL DESCRIPTION POINT OF ' FOR UTILITY EASEMENT COMMENCEMENT A PORTION OF THE SE 1/4 THE SW 1/4 SECTION 27, T. 22 N., R. 4 E , W M , KING COUNTY, WA5HINGTON DEED RECORDED UNDER RECORDING NO. 491821 ---_-- S. 268TH STREET N (UNOPENED) M �--- -7 — - 28 uTIUTY EASEMENT 30' TRUE POINT OF 30, ' (n BEGINNtMG W UJ w Lli Z W od > -` Q Q Z co (D ' _ > 0- vorn o < o Ck� It d n v � 0co p � 00 Ld Z � of SCALE: 1"=120' S. 270TH STREET M \\246\019\007\EXHIBITS\SR-05 DWG CONSULTING ENGINEERS LLC 181 S 333rd Sl Bldg C,Slo 210 J00 NO, 246-019-010 Federal Way,WA 08003 r¢eua.wr EEiw)woma DRAW[NG NAME SR-05 ' www.esmclvil.com sM Lull' (�1)674:105 DATE : 06-15-2010 DRAWN D.L.R. clod Engfnac,ing land Survaylna Land Plonnmg SHEET 1 OF 1 Pubtta warka I vmjeat Management I Lande:ogo kchd<elura 1 Kent City Council Meeting Date August 3, 2010 Item No. 6A - 6B ' CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through K. Discussion Action t 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of July 20, 2010. 6B. Approval of Bills. Figures were not available. I T Kent City Council Meeting KEN N I N T July 20, 2010 Vi A 5�` = (] The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Counalmembers present: Albertson, Harmon, Higgins, Perry, Ranniger, and Thomas. Councilmember Raplee was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Council President Perry added Consent Calendar Item Q. Continued Communications was moved on the agenda at the request of Council member Harmon, and will appear after the public hearing. B. From the Public. (CFN-198) Continued Communications A and B were added at the request of audience members. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no items for public recognition. B. Community Events. (CFN-198) Ranniger announced upcoming outdoor movies Lwhich will be held at Town Square Plaza. C. National Night Out Proclamation. (CFN-155) Mayor Cooke presented a pro- clamation declaring August 3, 2010, as National Night Out in the City of Kent to Sara Wood of the Police Department, who then outlined the events which will be held. D. Parks and Recreation Month Proclamation. (CFN-155) Mayor Cooke announced that July 2010 is Parks and Recreation Month and presented a proclama- tion encouraging all residents to get out and play to Parks & Community Development Director Jeff Watling. Watling expressed appreciation for the proclamation and accepted it on behalf of a very dedicated Parks Department team E. 2010 Commute Trip Reduction Award Winners. (CFN-155) Monica Whitman presented awards for commute trip reduction to representatives of Boeing Employees Credit Union, REI, and Oberto Sausage Company. F. Introduction of Lodging Tax Committee Appointees. (CFN-198) Economic & Community Development Director Wolters introduced John Casey, David Kwok, and Beth Sylves, new appointees to the Lodging Tax Advisory Committee. G. Public Safety Report. (CFN-122) Police Chief Strachan updated the monthly statistics, announced department retirements and reassignments, and described activities related to the Panther Lake annexation area. Mayor Cooke then administered the Oath of Office to Jason Panuccio, Mathhew Kilner, Nathaniel Chevallier, and Glenn Lowry. Mayor Cooke announced that the Jubilee Covenant Center and the Kenyan Community donated over $1500 to the Police Department to be used to benefit the children of officers, and that they also presented her with an award for the City of 1 Kent City Council Minutes July 20, 2010 Kent for letting them make Kent their city. She also noted receipt of a plaque of appreciation from the Seattle Sports and Cultural Club in recognition of the City's support of the Punjabi games held recently at the Phoenix Academy. PUBLIC HEARINGS A. Transportation Benefit District Ordinance. (CFN-104) The City Attorney stated that the purpose of this hearing is to receive comments from the public for the Council to consider regarding the establishment of a Transportation Benefit District. Public Works Director LaPorte said that the City is considering a vehicle license fee, and that a $20 fee would raise approximately $2.2 million per year to be used for maintenance, preservation, and transportation infrastructure only. He pointed out that the City has not had a significant revenue source for the street system since the funds were lost due to voter initiatives over the past decade, and said the streets have been steadily degrading as a result. He listed cities which have adopted or are considering TBDs and outlined the Kent projects which would be eligible. He explained that it can take as long as a decade to compile funding for a project and displayed photographs of traffic being held up at railroad crossings for as long as three hours and fifteen minutes. LaPorte also provided photos of failed streets, including some in the recently annexed area. Various funding sources were outlined and LaPorte opined that this one is worth looking at in terms of funding both maintenance and capital needs. He noted for Harmon that repairs to the annexation area would cost at least $3.5 million in overlays, and for Perry that the total cost of the Transportation Master Plan is $500-700,000,000, the largest component of which would be grade separations. Mayor Cooke opened the public hearing. Leroy Stevenson, 26838 166th Place SE, Covington, stated that the impact to a family could be more than $100 depending on the number of vehicles they own, and urged the Council to consider limiting the total amount of the fee. He also said a sales tax might generate more income and affect the people who are actually using the roads for shopping and travel, rather than just the residents of Kent. Albertson pointed out that this is just one of several avenues being investigated which would affect different types of users. She noted that a transportation impact fee was just approved which would affect developers, and that families with several cars use the streets more than a family with only one car. Stevenson questioned whether the money generated by this fee would be worth upsetting the citizens. Adam Self, 13117 SE 223`d Court, said he doesn't feel this is the right time for the fee and recommended setting aside some capital expenditures. Kristy Herrick, 27922 1181h Avenue S.E., concurred, and suggested a small user fee on main thoroughfares and grade separations. Dr. Jerry Kauth, 421 Scenic Way, suggested an LID in the Panther Lake area to improve their streets, or putting the fee up to a vote of the people. Eric Bernard, 10246 SE 2131h, agreed that this is not the time for a tax and said it should be postponed until the public is more comfortable spending the money. He also suggested using concrete for streets rather than asphalt in the future. He said a sales tax would be more acceptable since people who shop in Kent would be helping pay for the street improvements. Dan Teller, 527 3rd Avenue South, spoke in opposition to the fee and said the only choice he sees is a small gas tax on everyone, not just residents of Kent. Ken Iverson, 24009 104th Avenue SE, Apt 215, suggested using alternate forms of transportation. Councilmember Ranniger read into the record 2 , Kent City Council Minutes July 20, 2010 a letter from Dave & Libby Seidel, 13110 SE 216`h, stating that they are in favor of an additional $20 if the funds are kept out of the general fund and are funneled only to road projects, and noting that Mr. Seidel does not want 132"d Avenue SE widened past three lanes. She moved to make the letter a part of the record. Perry seconded and the motion carried. There were no further comments and Harmon moved to close the public hearing. Perry seconded and the motion carried. LaPorte and consultant Randy Young responded to concerns which were brought up during the public hearing by listing which types of vehicles would be charged the fee, noting that limiting the number of vehicles being taxed per family is not possible, explaining how road maintenance is currently being funded and why the Transporta- tion Benefit District is needed as a separate taxing district, and explaining the criteria required to increase sales, gas, and property taxes. LaPorte explained that the City has received several grants amounting to over $20 million which would have to be returned if matching funds are not found; Albertson ` stated that this is one reason it is important to raise funds at this point in time; L Thomas added that when grants are lost, the chances of receiving future grants is greatly reduced, so now is the time to take action. Upon Higgins' question, LaPorte said that if the fee is implemented, the City could publish a list of streets to overlay in advance; Higgins said he would only support the fee on that condition. Perry agreed with Higgins and said she would like to provide that information to the public before voting on the issue; LaPorte agreed to provide that information Harmon said voters will support a list of projects if they know the cost, the start date, and the completion date. Ranniger opined that, since things have changed since the Transportation Master Plan was passed, it may be necessary to revisit it, reassess the projects, and possibly reduce the scope of the Plan. CONTINUED COMMUNICATIONS A. 4`h of July. (CFN-122) Thomas E. Johnson, 11131 SE 218`" Place, Kent, voiced concern about the noise and lack of law enforcement on the 4`h of July, and asked the Council to improve the situation. B. Peace Day. (CFN-198) Ken Iverson, 24009 104`h Avenue SE, Apt 215, Kent, reported on the recent Peace Day event at the Kent-Meridian Performing Arts Center and provided material on it to the Council. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through Q. Harmon seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of July 6, 2010, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through June 15 and paid on June 15 after auditing by the Operations Committee on July 6, 2010, were approved. 3 Kent City Council Minutes July 20, 2010 Approval of checks issued for vouchers: Date Check Numbers Amount 6/15/10 Wire Transfers 4186-4206 $2,188,470.94 6/15/10 Regular Checks 644046-644403 1,036,663.37 Void Checks 644076 (355.70) Use Tax Payable 2,224.57 $3,227,003.18 Payment of the bills received through June 30 and paid on June 30 after auditing by the Operations Committee on June 15, 2010, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 6/30/10 Wire Transfers 4207-4222 $1,573,804.10 6/30/10 Regular Checks 644404-644831 2,887,932 59 Void Checks 64450-644506 (1,475.50) Use Tax Payable 1,852.99 $4,462,114.18 Checks issued for payroll for June 1 through June 15 and paid on June 18, 2010, were approved: Date Check Numbers Amount 6/18/10 Checks 318355-318587 $ 193,264.74 6/18/10 Advices 269047-269831 1,589,292.39 $1,782,557.13 Checks issued for payroll for June 16 through June 30 and paid on July 2, 2010, were approved: Date Check Numbers Amount 7/2/10 Checks 318588-318827 $ 210,802.52 7/2/10 Advices 269832-270614 1,601,068.61 $1,811,871.13 C. Professional Services Agreement with Alliant Insurance Services. (CFN-149) The Mayor was authorized to sign the Professional Services Agreement between the City and Alliant Insurance Services, Inc., in the amount of $35,000, to both access the commercial Liability insurance market on the City's behalf and to assist the City in revising its' Liability Insurance program effective in January 2011. D. Microsoft Enterprise Software Agreement Annual Renewal. (CFN-1155) The Mayor was authorized to sign a purchase order for $241,169.97 to the Washington State Department of Information Services, for the 2010 renewal and true-up of the Microsoft Enterprise Software Agreement. E. Lodging Tax Committee Appointments. (CFN-1170) The appointments of Beth Sylves, John Casey, and David Kwok to the Lodging Tax Advisory Committee, with terms expiring on July 31, 2012, were confirmed. 4 Kent City Council Minutes July 20, 2010 F. 2008 Miscellaneous Water Mains (Scenic Hill). (CFN-1186) The 2008 Miscellaneous Water Mains (Scenic Hill) Project was accepted as complete and release of retainage to Kar-Vel Construction, upon receipt of standard releases from the state and the release of any liens was authorized. The original contract amount was $319,330.96. The final contract amount was $364,504.94. G. Contract with CentrePointe Consultants. Inc. for On-Call Survey Services. (CFN-1318) The Mayor was authorized to sign the Consultant Services Agreement with CentrePointe Consultants, Inc., in the amount of $35,000, to conduct on-call surveying services. H. Street Sweeping Chance Order #3 with McDonough & Sons. (CFN-136) The Mayor was authorized to sign Change Order No. 3 to the Street Sweeping Agreement with McDonough & Sons increasing the monthly lump sum payment to $21,709.82. The increase is needed to extend street sweeping services to the Panther Lake annexation area. This change order represents a 38% increase to the linear footage swept at an additional cost of $5,921.27 per month for a total monthly payment of $21,709.82. I. Washington Traffic Safety Commission Target Zero, Drive Hammered Get Nailed, Amendment #1. (CFN-122) The Washington Traffic Safety Commission Target Zero, Drive Hammered Get Nailed, grant increase of an additional $2,200 was accepted, the Police Chief was authorized to sign all necessary documents, amend the budget, and expend the funds consistent with the grant's terms and conditions was authorized. J. Washington Traffic Safety Commission Target Zero, Special Enforcement, 1 Amendment #1. (CFN-122) The Washington Traffic Safety Commission Target Zero, Speed Enforcement, grant increase of an additional $6,200 was accepted, the Police Chief was authorized to sign all necessary documents, amend the budget, and expend the funds consistent with the grant's terms and conditions was authorized. K. Valley Narcotics Enforcement Team Interlocal Cooperative Agreement. (CFN-122) The Mayor was authorized to sign the Interlocal Cooperative Agreement for the Valley Narcotics Enforcement Team. L. King County Sheriff's Office Cost Reimbursement Agreement. (CFN-122) The King County Sheriff's Office grant in the amount of $48,309, to fund overtime costs for teams from the Kent Police Department to monitor sex offenders in the area was accepted, the Mayor was authorized to sign all necessary documents, amend the budget, and expend the funds consistent with the grant's terms and conditions was authorized. M. Federal Bureau of Investigation Innocence Lost Task Force Memorandum of Understanding and Cost Reimbursement Agreement. (CFN-122) The Police 1 Chief was authorized to sign the Memorandum of Understanding with the Federal Bureau of Investigation regarding the Innocence Lost Task Force, subject to final terms and conditions acceptable to the City Attorney. 5 Kent City Council Minutes July 20, 2010 N. Comprehensive Emergency Management Plan. (CFN-122) The Comprehensive Emergency Management Plan was accepted, and the Mayor was authorized to sign the Letter of Promulgation and Introduction page of the plan. O. Public Safety Testing, Inc. Subscriber Agreement. (CFN-122) The Police Chief was authorized to sign the Subscriber Agreement with the Public Safety Testing in the amount of $1,000 for testing services related to Corrections Officer positions. P. Sector Service Level Agreement with Washington State Patrol. (CFN-122) The Police Chief was authorized to sign the Sector Service Level Agreement with the Washington State Patrol, subject to final terms and conditions acceptable to the City Attorney. ADDED ITEM Q. Excused Absence. (CFN-198) An excused absence from this meeting for Council member Raplee was approved. BIDS A. Daniel and Horizon Safe Walking Routes to School. (CFN-1038) Public Works Director LaPorte noted that the bid opening for this project was held on July 7, 2010, with seven bids received, and recommended award to the low bidder, Construct Company. He pointed out that grant funds will be used and that the walking paths will be complete in September. Harmon moved to award the contract for the Daniel and Horizon Safe Walking Routes to School project to Construction Company in the amount of $537,384.28, and to authorize the Mayor to sign all necessary documents. Ranniger seconded and the motion carried. B. 640 Zone Reservoir. (CFN-1310) LaPorte noted that three bids were received and recommended award to the low bidder, T. Bailey, Inc. He said the project will take approximately a year to complete and that it will start within a month. After a brief discussion about the location of the water tower, Harmon moved to award the contract for the 640 Zone Reservoir project to T. Bailey, Inc., in the amount of $3,904,989, and to authorize the Mayor to sign all necessary documents. Perry seconded and the motion carried. C. 2010 Miscellaneous Sanitary Sewer & Miscellaneous Water Main Improvements. (CFN-1186) LaPorte noted that this is ongoing reconstruction, explained the project, and said seven bids were received. He distributed a revised bid summary showing a one-cent difference, and responded to questions from Higgins and Harmon. Thomas stated that he is close friends with the owners of Kar-Vel Construction and recused himself from voting. Harmon moved to award the contract for the 2010 Miscellaneous Sanitary Sewer and Miscellaneous Water Main Improvements project to Kar-Vel Construction in the amount of $1,694,560.05, and to authorize the Mayor to sign all necessary documents. Ranniger seconded and the motion carried 5-0. REPORTS A Council President. (CFN-198) Perry noted that the City Council will be taking a tour of the Panther Lake annexation area, and appointed Dr. Ranniger Council President Pro Tem in her absence. 6 jKent City Council Minutes July 20, 2010 iB. Mayor. (CFN-198) Mayor Cooke noted that the Land Use & Planning Board is holding a public hearing on July 26 on amending height limits; she announced that Councilmember Higgins has agreed to be the City's representative at Suburban Cities Association's Policy Issues Committee; and noted that the Regional Transit Task Force is discussing how to handle cuts and new services C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the committee will not meet in August. E. Economic & Community Development Committee. (CFN-198) Perry noted that the committee will not meet in August. F. Public Safety Committee. (CFN-198) Harmon reported on the SECTOR software project which deals with e-tickets. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) CAO Hodgson reiterated that the August 3`d Council meeting will begin at 5:00 p.m. and that there will be no workshop, he announced that the Panther Lake annexation population report is due early next week; he said there is no need to discuss the pending litigation item during the executive session but that property acquisition will be discussed for approximately 15 minutes, and that action may be taken when the meeting reconvenes. EXECUTIVE SESSION The meeting recessed to Executive Session at 9:47 p.m. and reconvened at 9:57 p.m. ACTION AFTER EXECUTIVE SESSION B. Property Acquisition. (CFN-239) CAO Hodgson announced that the property discussed during Executive Session is the third of three parcels in the Panther Lake annexation area to be acquired for park purposes. Ranniger moved to authorize the Mayor to sign the Purchase and Sale Agreement and all other necessary documents to purchase the Van Dyke properties located at 11234 SE 2041h Street and 11244 SE 204th, Kent, for $537,000, subject to final terms and conditions acceptable to the Parks and Community Services Director and the City Attorney. Albertson seconded and the motion carried. ADJOURNMENT The meeting adjourned at 10:00 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 7 Kent City Council Meeting Date August 3, 2010 Category Consent Calendar - 6C 1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBER HIGGINS - APPROVE 2. SUMMARY STATEMENT: Approve an excused absence from tonight's meeting for Councilmember Higgins. 3. EXHIBITS: Memo 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) I5. FISCAL IMPACT Expenditure? N/A Revenue? -N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: t tCity Council Jamie Perry, Council President Phone 253-856-5712 Fax 253-856-6712 KENT WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 I MEMORANDUM t TO: Suzette Cooke, Mayor City Councilmembers FROM: Dennis Higgins, Councilmember DATE: June 28, 2010 SUBJECT: City Council Excused Absence I would like to request an excused absence from the August 3, 2010 City Council meeting. I will be unable to attend. Thank you for your consideration. Dennis Higgins Councilmember t nc i t Kent City Council Meeting Date August 3, 2010 Category Consent Calendar - 6D 1. SUBJECT: COUNCIL PROCEDURE RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. , repealing City Council Resolution 1633 and adopting revised rules and procedures for the City Council, City Council meetings, and meetings of Council committees. On November 5, 2002, the City Council, pursuant to Resolution No. 1633, passed amendments to the existing rules and procedures that added council president duties and responsibilities. Since passage of Resolution No. 1633, the City has undergone a reorganization combining and renaming various Council committees and amendments are necessary to update current Council procedures. Included in this packet are two versions of the new resolution. The first version, with the "Operations Committee Draft" watermark on it, is the version that was brought to the committee on July 20. The second version, with the "Final Draft" watermark on it, shows only those revisions recommended by the Operations Committee and refinements made by the City Attorney since the Operations Committee meeting. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenues N/A Currently in the Budgets Yes _ No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 3 RESOLUTION NO. FYI � A RESOLUTION of the City Council of the City of Kent, Washington, relating to rules and procedures for city council, city council meetings, and council committee meetings. RECITALS; A. The city council, pursuant to Resolution No. 1562, established rules and procedures for the city council, city council meetings, and meetings of council committees. B. On November 5, 2002, the city council, pursuant to Resolution ' No. 1633, passed amendments to the existing rules and procedures that added council president duties and responsibilities. i C. Since passage of Resolution No. 1633, city has undergone a reorganization combining and renaming various council committees, and council also wishes to change the order of items on its agenda. Also, additional amendments are necessary to update current council procedures. E. The city council desires to update and revise those rules and procedures. 1 City Council Rules and Procedures Repeal & Adopt r NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: , RESOLUTION SECTION 1. - Repealer. Resolution No. 1633 which amended Resolution No. 1562 relating to rules and procedures for the city council, city council meetings, and council committee meetings is hereby repealed , in its entirety. SECTION 2. - Applicability. The rules and procedures contained ' herein shall govern all meetings of the council of the city of Kent, Washington and its committees unless suspended by the city council. Failure to fully conform to these rules and procedures will not render any action by the city council or any of its committees invalid. , I. COUNCIL PRESIDENT - MAYOR PRO TEMPORE SECTION 3. - Term. The city council shall elect from its members a , president of the council during the month of January in the even numbered years on or before the second regular meeting of sa+E[that month. The , council president steed shall serve a two-year term. SECTION 4. - Mayor Pro Tempore. The council president shall serve as mayor pro tempore and shall preside at all meetings of the council when the mayor is not present. Although presiding as mayor pro tem pore the council president shall retail all powers and rights inherent to a councilmember and to the council president including without limitation. voting powers. The mayor pro tempore shall act as mayor and assume the authority and perform the duties thereof whenever there is a vacancy in 2 City Council Rules and Procedures Repeal & Adopt i i the Office of the Mayor or the mayor is absent from the city or is unable for any eaasereason to discharge the duties of mayor. The assumed duties shall include, but are not limited to, acting as signatory to documents requiring execution by the mayor, issuing proclamations and declarations, and extending official recognition of groups and events. SECTION 5. - President Pro Tempore. The council president may appoint a A--president pro tempore pFesident In the absenee ef the duly when the president is absent eeuneilpFesiden d The president pro tempore shall have the same authority and duties as the council president. If the president pro tempore Eis absent or unavailable, the longest serving councilmember lFi attendan^^ whe has se ed '^^nest, either by consecutive, or non-consecutive terms, shall be deemed the acting president pro 'tempore. If two or more councilmembers qualify to be acting president pro tempore then the group of eligible councilmembers will serve on an alternating basis in alphabetical order, using last names to fill the vacant president pro tempore position. SECTION 6. - Duties and Responsibilities. The council president shall perform the following duties and responsibilities: 1. Administer the council budget, including oversight and approval of expenditures; Set the council's agenda, in coordination with the mayor and city clerk's office; 3. Refer proposed ordinances and resolutions to the appropriate council committee; 4. Call for a workshop or a meeting of the council committee of the whole, as needed; f3 City Council Rules and Procedures Repeal & Adopt S. In cooperation with the mayor, ensure adequate council facilities, equipment and support, with council consensus, 6. Direct correspondence on behalf of the council as appropriate, with consent of council; 7. Act as council liaison to the mayor's office on policy issue consideration, including elements of timing; 8. Appoint the membership of each established committee and the committee chairpersons by the third regular meeting of t-beeach year; 9. Substitute for an absent councilmember on any of the council's committees at the request of the committee chairperson; 10. Coordinate and schedule retreats or other meetings for annual review and update of council visions and goals for the city; 11. Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the council's views; 12. Serve as a council focal point for council, mayor, and staff; and 13. Discern councilmembers' areas of interest and/or expertise. II. COUNCIL MEETINGS SECTION 7. - Regular Meetings. PUFSHEIAt-teThe council's regular meetings will occur at the time, date and place established in Chapter 2.01 of the Kent City Code eeuigell sha" be he'd en the first and th'Fd Tuesday ef eaeh Frienth except, egula.ic Fneet+ng to be held an the seeend Tuesdaye€ said menth. if an,-Y sueh day E)f a FegulaF Fneeting is a legal he! day, the meeting shall be held en the next business day. A'' eouneil Ffleetmgs shall be held n the Eity 4 City Council Rules and Procedures Repeal& Adopt E Eht'y—hall at seven 6 EI 0 Ek p.ffi., ar"Fits$ B rrrEFiAcr3c SECTION S. - Special Meetings. Special meetings shall be held as provided by law at the times designated by council heaFing. in addition, the elty eleFk shall give netlee ef sueh sp elal meeting SECTION 9. - Presiding GA7eialOfficer at Meetings. Regij he mayor shall be the presiding officer for all meetings of the council. If the mayor is not present. , eF the council president +rape-shall be the presiding office[FnayeF PFe teFAPeFe. In the absence of the mayor and council presidentand eounell president, fie, the acting president pro tempore as set forth in section 4 shall be the presideino officer. The pi=es'ding ever- a meeting by the M SECTION 10. - Forfeiture of Office. Pursuant to RCW 35A.12.060, a councilmember shall forfeit office if he or she fails to attend three consecutive regular meetings of the council without being excused by the council. 5 City Council Rules and Procedures Repeal & Adopt SECTION 11. - Ouorum. At all meetings of the council, a majority of the council membership shall constitute a quorum for the transaction of business. SECTION 12. - Ma7onty Vote. Action by the city council requires the affirmative vote of a majority of members attending a +egE4 meeting, except where otherwise required by applicable law. c�:� that, lieense, and any Feselut'e+rfeF the parent of +9eirey shall FegHIFe the s� SECTION 13. - Executive Sessions. The city council may hold executive sessions during a regular or special meeting to consider matters as permitted pursuant to applicable lawRGW 42.30.119 and 42.30. . No official action shall be taken during any executive session. No member of the city council, employee of the city or any person present during an executive session shall disclose to any other person the content , or substance of discussion which took place during the session, unless a majority of the council authorizes sueh hat disclosure. Executive sessions, to the extent permitted by law, shall be limited to members of the city council, the mayor and staff, and other t4epersons that the city council invites. SECTION 14. - Agendas. Only items that have been previously discussed by council committee shall be put on the agenda for a council meeting, unless approved by the council president or president pro temoore. The order of business of all meetings of the council: 6 City Council Rules and Procedures Repeal & Adopt i 1 1. Call to order/Pledge ef allegianeeElag_Salute 2. Roll Call I3. Changes to the Agenda 4. Public Communications 5. Public Hearings 6, Gensent Galen 'f-Continued Communications 7 9ther B •^ Consent Calendar „ g Gensede atien ef bids, and related FnattersQther Business g Bids 10. RepeFt f1=81919 speeial ttees-Reports from Standing Committees Staff and Special Committees _ 11. Executive ssmens (as "^a ired)Executive Session and after Executive Session 12. Adjournment SECTION 15. - Public Comment. No person shall address the council without the permission of the presiding officer except during the third, I+,fifth, and eleventnsixth orders of business set forth in Section 14 above. When addressing the council, each person shall proceed to the "'speaker's podium, unless otherwise directed by the presiding officer, and shall state the+ichis or her name and address for the record. aedif comment is offered under the sixth order of business, the speaker will also state the subject of his or her comment. `--to d;sc^vsT Remarks will be limited to the time allocated by the presiding officer for each speaker. All remarks shall be pertinent to the stated subject matter at and shall be addressed to the presiding officer and the council as a whole and not to any member individually. Only the sixth order of business is an open public forum subject to the content-neutral restrictions imposed in this resolution and by applicable law. No questions 7 City Council Rules and Procedures Repeal & Adopt shall be asked of a counalmember or member of the city staff without the permission of the presiding officer. SECTION 16. — Public Demeanor. No one shall use any iFApertFPreflt-jMRgLrtinent, degrading or slanderous language directed to the presiding officer, counalmembers, mayor, staff or other member of the public, er-and no one shall otherwise engage in disruptive behavior. The presiding officer may remove any person for disruptive behavior. Such conduct shall constitute grounds for removal from the council chambers at the council's direction. SECTION 167. - Added Agenda Items. A member of the public, council or mayor may ask that an item be considered by the city council, even if it is not identified on the formal agenda, by raising the issue during Z changes to agenda. GuehThan item shall then be considered with the eensentapproval of the council. SECTION 178.- Mayor Parttapation. The mayor may address the council on any matter or participate in the debate of any question, provided the mayor shall first call upon the council president or any other councilmember designated by the council president to take the chair during the mayor's participation. SECTION 189. - Councilmember Conduct. While the council is in session, all its members must preserve order, decency and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the eeunei+meeting, nor disturb any member while speaking, or refusiRge to obey the order of the presiding officer. The members of the city council may reprimand another Councilmember for disorderly conduct and, upon written charges entered 8 City Council Rules and Procedures Repeal & Adopt 1 upon the jeffnal thefeofby motion, may expel a member from the council meeting by two-thirds (2/3) vote of the membership of the council in attendance at that meeting. SECTION -1-920. - Voting. Discussion by council members of the eewnez' shall relate to the subject matter at hand and shall be relevant and pertinent. Every councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excused by the council, shall cast his or her vote upon any matter put to vote by the legislative body. Any councilmember who abstains from voting eh abstentlen shall be deemed to have no eastthe'- Yete with the FflajeFity on any issue so voted on that itemapen. Tie vetes shall be lest . At the request of the presiding officer or of any member, any question shall be noted upon by a roll call and the "ayes" and "nays" shall be recorded by the city clerk in the jeana+m in u tes. ,na , SEcr4yr7—z0—rrvrron5 fer---rceEBflsivcratiEn. A--mvcrvr t6 day sash aet+en was taken. Sueh metlen may be Fnade enly by one of the SECTION 21. - Summoned to Meetings. Every city official or employee who shall fail to report to the council at times and in a manner requested by the council, shall be summoned in accordance with the direction of the council. During meetings of the council and its committees, city officials, employees and members of the public shall 9 City Council Rules and Procedures Repeal & Adopt 1 I observe the same rules of order and decorum as are applicable to engbers of the city council meetings. SECTION 22. - Ordinances, Resolutions and Contracts - Presentation. No ordinance, resolution, contract document or other matter shall be presented to the council unless ordered by a majority of the council, referred by a council committee, er--requested by the mayor, or submitted by the city attorney unless otherwise approved by the council president. All ordinances, resolutions, contract documents and other strc� ,,gate;Ta;matters shall, be fe_ pr-esentatien to e—ea ell--nand--its eemmittees, have beery approved as to form by the city attorney and shall have-been examined and approved by the department head or his or her duly authorized representative having jurisdiction over the subject matter of suehthe ordinance, resolution,, ai9d contract document, or other matter. SECTION 23. - Parliamentary Rules. The city attorney shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure. The presiding officer shall rule on issues of parliamentary procedure, unless overruled by a majority of the council members present. Robert's Rules of Order (lat__t r=_•i_.ci=) shall govern the deliberations of the council except when in conflict with any section herein. SECTION 24. - Suspending the Rules. When the suspension of a rule is requested, and no objection is offered, the presiding officer shall announce that the rules are suspended and the council may proceed 10 City Council Rules and Procedures Repeal & Adopt accordingly. When there is an objection to suspending the rules, it shall require a vote of majority plus one of the members present to suspend the rules. III. COUNCIL COMMITTEES { R� ( i SECTION 25. — Committees Established. There,, dre 'hereby established the following five standing committees, each of which shall consist of three councilmembers, one of which shall act as committee a chairperseFi,,_ and twe ..`her eeune"FnembeFs. Geun ..'...., i ^F The council president, after his or her election, shall appoint committee members and committee chairs shall be appointed te a eemmittee by _eune:' ffesid`nt for a-two-year terms. 1. Operations Committee. The operations committee generally shall consider all matters related to the general fiscal and financial conditions and operations of the city. This committee shall also consider all policy matters related to personnel, including, but not limited to, salary ranges and step schedules, position classification, merit system development and, ,other items in coordination with the operations department and other departments as appropriate. This is not to be construed as a limitation or infringement upon the executive powers of the mayor. 2 PaF'Es ` engm teeParks and Human Services Committee. The parks and human services committee generally shall consider all matters related to planning and implementation of ; city facilities, parks and recreation programs and activities in the city, and human services programs and activities in the city, including , 11 City Council Rules and Procedures Repeal & Adopt f the Kent ,-EeFrter�urc-e--6efl-teF, Kent C-eR�,�on Ge fFse as well as coordination of programs and activities with affected school districts. 3. Economic and Community Development Committee. The economic and community development committee , generally shall consider all matters related to community growth and development including, but not limited to, planning of -the physical, economic, aesthetic, and social development of the city, Frilt-at+en, the-e+tay's Gemprehensive-Land Use Plan, Zening-C 4. Public Works Committee. The; 'public works committee generally shall consider all matters„ 'related to planning, design, construction improvement, extension, maintenance and operation of alrse EenssdeF matters related t^ _transportation and street systems, tFanspertatien plans, , ,transit, streets, StFeet-lighting, amtename^, t^'^^^^ ffl n eatienswater, sewer, storm, solid waste and other utilities, franchises, and other related matters. 5. Public Safety Committee. The public safety committee 1 generally - shall consider all matters related to police and fire pFeteEtteesafety, including, but not limited to, law enforcement, fiFefffighttRg and emergency response services, fire inspection, fire investigation and ■ hazaFdeus at^-•..' .trek and general dispatch services. SECTION 26. - Duties and Responsibilities. The council committees shall consider all matters referred to them whether within or outsiderkn of the committees general focus area. All proposed ordinances or resolutions 12 City Council Rules and Procedures Repeal & Adopt and other matters for council consideration shall first be discussed by, or referred to, the appropriate council committee, unless otherwise designated by the council president, PROVIDED, however, the council shall not be denied the right to refer the subject to a committee or workshop for further consideration. Matters not otherwise designated shall be assigned for consideration to a council meeting, workshop or to the appropriate council committee by the council president, in consultation with the mayor. Each committee chairpersons shall report to the council the findings and/or recommendations of the committee. , SECTION 27. - Ouorum. No committee shall act in the absence of a quorum,—_whleh shall eensist of at least tw ....beF At the request of the committee chairpeFsen, the council president or aeethefany other councilmember may sit on any committee when necessary to constitute a quorum or to fill a vacancy. SECTION 28. - Committee V of the Whole. Council workshop meetings constitute regular meetings of the full council.wheFe theeeuneii sits as a mitee of the whole shall be held at eh tome and '...dens anneuReed by the eeu Public input shall be permitted at council workshops at the discretion of the city council. SECTION 29. - Committee Reassignments. The city council, upon a vote of the majority of its membership, may reorganize and rearrange th'e, membership of standing committees, including the discontinuance of any standing or special committee and the reassignment of its duties and functions to another committee or committees, together with the establishment of special, temporary and ad hoc committees. 13 City Council Rules and Procedures Repeal & Adopt SECTION 30. - Savmas. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 31. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 32. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other focal, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 33. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2010. CONCURRED in by the Mayor of the City of Kent this day of 2010. SUZETTE COOKE, MAYOR 14 City Council Rules and Procedures Repeal & Adopt ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: �i TOM BRUBAKER, CITY ATTORNEY µ I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the ,City of Kent, Washington, the day of , 2010. j BRENDA JACOBER, CITY CLERK � a - l 1 „I i is City Council Rules and Procedures Repeal & Adopt P•\Civil\Resolution\CQtyCouncilRulesandProcedures doc � r , 3 16 City Council Rules and Procedures Repeal & Adopt 1 } I i RESOLUTION NO. A RESOLUTION of the City Council of the ' City of Kent, Washington, relating to rules and procedures for city council, city council meetings, and council committee meetings. RECITALS A. The city council, pursuant to Resolution No. 1562, established rules and procedures for the city council, city council meetings, and meetings of council committees. 1 a B. On November 5, 2002, the city council, pursuant to Resolution No. 1633, passed amendments to the existing rules and procedures that added council president duties and responsibilities. C. Since of Resolution No. 1633, the city has undergone passage a reorganization combining and renaming various council committees, and council has determinedalse wishes to change the order of items on its agenda. Also, additional amendments are necessary to update current council procedures. ED. The city council desires to update and revise those rules and procedures. 1 City Council Rules and Procedures Repeal & Adopt 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Repealer. Resolution No. 1633 which amended Resolution No. 1562 relating to rules and procedures for the city council, city council meetings, and council committee meetings is hereby repealed in its entirety. SECTION 2. - Aoolicablhtx. These rules'and procedures eentained hertz shall govern all meetings of the Kent city council ef the elty ef Kent, Washingten and its committees unless suspended by the city council. Failure to fully conform to these rules and procedures will not render any action by the city council or any of its committees invalid. I. COUNCIL PRESIDENT - MAYOR PRO TEMPORE SECTION 3. 'Term. The city council shall elect from its members a president of the council during the month of January in the even numbered years on or before the second regular meeting of that month. The council president shall serve a two-year term. t SECTION 4. - Mayor Pro Tempore. The council president shall serve as mayor pro tempore and shall preside at all meetings of the council when the mayor is not present. Although presiding as mayor pro tempore, the council president shall retain all powers and rights inherent to a councilmember and to the council president, including, without limitation, voting powers. The mayor pro tempore shall act as mayor and assume the 2 City Council Rules and Procedures Repeal & Adopt 1 authority and perform the mayor's duties t;eree whenever there is a vacancy in the Office of the Mayor or the mayor is absent from the city or is unable for any reason to discharge the mayor's duties ef naye . The iassumed duties shall include, but aTenebut not be limited to, acting as +� signatory to documents requiring execution by the mayor, issuing Lproclamations and declarations, and extending official recognition of groups and events. SECTION S. - President Pro Tempore. The council president may appoint a president pro tempore when the president, is absent. The president pro tempore shall have the same authority and duties as the council president. If the president pro tempore is absent or unavailable, the longest serving councilmember, either by consecutive or non- consecutive terms, shall be deemed the—aeting,president pro tempore. If two or more councilmembers qualify to be—ae-ting president pro tempore, then the group of eligible councilmembers will serve on an alternating basis in alphabetical order, using last names, to fill the vacant president pro tempore position. 1 SECTION 6. - Duties and Responsibilities. The council president shall perform the following duties and responsibilities: 11 'll Administer the council budget, including oversight and approval of expenditures; 2. Set the council's agenda, in coordination with the mayor and city clerk's office; 3. Refer proposed ordinances and resolutions to the appropriate jcouncil committee; 4. Call for a workshop or a meeting of the council committee of the whole, as needed; 3 City Council Rules and Procedures Repeal & Adopt 5. In cooperation with the mayor, ensure adequate council facilities, equipment and support, with council consensus; 6. Direct correspondence on behalf of the council as appropriate, with consent of council; 7. Act as council liaison to the mayor's office on policy issue consideration, including elements of timing, 8. When authorized by city code or state law, nominate or ,4appoint the membership of each established committee or board and the committee or board chairpersons by the third regular meeting of each year; 9. Substitute for an absent councilmember or designate another councilmember to substitute on any of the council's committees or boards at the request of the committee or board chairperson; 10. Coordinate and schedule retreats or other meetings for annual review and update of council visions and goals for the city, 11. Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the council's views, or in the alternative, designate other councilmembers to represent the city and the council on specific regional issues or meetings; 12. Serve as a council focal point for council, mayor, and staff; and 13 Discern councilmembers' areas of interest and/or expertise. II. COUNCIL MEETINGS SECTION 7. - Regular Meetings. The council's regular meetings will occur at the time, date and place established in Chapter 2.01 of the Kent , City Code. 4 City Council Rules and Procedures Repeal & Adopt SECTIONS. - Special Meetings. Special meetings shall be held as provided by law at the times designated by council. SECTION 9. - Presiding Officer at Meetings. The mayor shall be the presiding officer for all meetings of the council. If the mayor is not present, the council president shall be the presiding officer. In the absence of the mayor and council president, the aet+ng—president pro tempore--as ^'- f^-th in seetien ^ shall be the presiding officer. SECTION 10. - Forfeiture of Office. Pursuant to RCW 35A.12.060, a councilmember shall forfeit office if he or she fails to attend three consecutive regular meetings of the council without being excused by the council. i; SECTION 11. - Quorum. At all meetings of the council, a majority of the full council membership ' or not less than four councilmembers, shall constitute a quorum for the transaction of business. I 1, SECTION 12. - Ma7onty Vote. Action by the city council requires the affirmative vote of a majority of members attending a meeting, except where otherwise required by applicable law. SECTION 13. - Executive Sessions. The city council may hold jexecutive sessions during a regular or special meeting to consider matters as permitted pursuant to applicable law. No official action shall be taken during any executive session. No member of the city council, employee of the city or any person present during an executive session shall disclose to any other person the content or substance of discussion which took place during the session, unless a majority of the council authorizes that disclosure. Executive sessions, to the extent permitted by law, shall be 5 City Council Rules and Procedures Repeal & Adopt limited to members of the city council, the mayor and staff, and other persons that the city council invites. SECTION 14. - Agendas. Only items that have been previously discussed by council committee shall be put on the agenda for a council meeting, unless approved by the council president or president pro , tempore. The order of business of all meetings of the council shall be as follows: 1. Call to order/Flag Salute „ 2. Roll Call 3. Changes to the Agenda 4. Public Communications S. Public Hearings 6. Continued Communications 7. Consent Calendar 8. Other Business 9. Bids 10. ,, Reports from'Standing Committees, Staff and Special Committees f1 1. Executive Session and Action after Executive Session ' 12. Adjournment SECTION 15. - Public Comment. No person shall address the council without the permission of the presiding officer except during the third, fifth, and sixth orders of business set forth in Section 14 above. When addressing the council, each person shall proceed to the speaker's podium, unless otherwise directed by the presiding officer, and state his or her name and address for the record. If comment is offered under the 6 City Council Rules and Procedures Repeal & Adopt sixth order of business, the speaker will also state the subject of his or her jcomment. Remarks will be limited to the time allocated by the presiding officer for each speaker. All remarks shall be pertinent to the stated subject matter and shall be addressed to the presiding officer and the council as a whole and not to any member individually. 9fl4-tjhe sixth order of business is intended to allow persons to speak on any issue of concern to that person, but it is not an open public forum, and is subject to the eentent igeUtFal restrictions imposed in this resolution and by applicable law. No questions shall be asked of a councilmember or member of the city staff without the permission of the presiding officer. SECTION 16. — PublIC Demeanor. No , ,one shall use any impertinent, degrading or slanderous language directed to the presiding officer, councilmembers, mayor, staff or other member of the public, and no one shall otherwise engage in disruptive behavior. The presiding officer may remove any person for disruptive behavior. Sueh eenduetDisruptive behavior shall constitute grounds for removal from the council chambers at the council's direction. rq SECTION 17. - Added Agenda Items. A member of the public, council or mayor may ask that an item be considered by the city council, even if it is not identified on the formal agenda, by raising the issue during changes to agenda. That item shall then be considered with the approval of the council. SECTION IS.- Mayor Participation. The mayor may address the council on any matter or participate in the debate of any question, provided the mayor shall first call upon the council president or any other councilmember designated by the council president to take the chair during the mayor's participation. 7 City Council Rules and Procedures Repeal & Adopt SECTION 19. - Councilmember Conduct. While the council is in t session, all its members must preserve order, decency and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of the presiding officer. The members of the city council may reprimand another councilmember for disorderly conduct and, upon written charges entered i upon by motion, may expel a member from the council meeting by two- thirds (2/3) vote of the membership of the council in attendance at that meeting. SECTION 20. - Voting. Discussion by council members -shall relate to the subject matter at hand and shall be relevant and pertinent. Every councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excused by the council, shall cast his or her vote upon any matter put to vote by the legislative body. Any councilmember who abstains from voting shall be deemed to have not voted on that item. At the request of the presiding officer or of any member, any question shall be noted upon by a roll call and the individual voting results" " shall be recorded by the city clerk in the minutes. SECTION 21. - Summoned to Meetings. Every city official or emp}eyeeemplovee. who shall fail to report to the council at times and in a manner requested by the council, shall be summoned in accordance with the direction of the council. During meetings of council committees, city officials, employees and members of the public shall observe the same rules of order and decorum as are applicable to city council meetings. 8 City Council Rules and Procedures Repeal & Adopt i SECTION 22. — Ordinances, Resolutions and Contracts-- Presentation. No ordinance, resolution, contract document or other matter shall be presented to the council unless ordered by a majority of the council, referred by a council committee, requested by the mayor, or submitted by the city attorney unless otherwise approved by the council president. All ordinances, resolutions, contract documents and other matters shall be approved as to form by the city attorney and shall be examined and approved by the department head or his or her duly authorized representative having jurisdiction over the subject matter of the ordinance, resolution, contract document, or other matter. (( SECTION 23. — Parliamentary Rules. Thy city attorney shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure. The presiding officer shall rule on issues of parliamentary procedure, unless overruled by a majority of the councilmembers present. Robert's Rules of Order shall govern the deliberations of the council except when in conflict with any section herein. SECTION 24. — Susoending the Rules. When the suspension of a rule is requested, and no objection is offered, the presiding officer shall announce that the rules are suspended and the council may proceed accordingly. When there is an objection to suspending the rules, it shall require a vote of majority plus one of the members present to suspend the rules. III. COUNCIL COMMITTEES 9 City Council Rules and Procedures 1� Repeal & Adopt SECTION 25. - Committees Established. There are hereby established the following five standing committees, each of which shall consist of three councilmembers, one of which shall act as committee chair. The council president, by the conclusion of the second regular i meeting after the meeting where he or she is electedhis eF heF Feet'^^ shall appoint committee members and committee chairs for approximately two-year terms, reserving the right of the council president to remove committee members and committee chairs and to reappoint new , councilmembers to fill those positions. 1. Operations Committee. The operations committee generally shall consider all matters related to the, general fiscal and financial conditions and operations of the city., ;,This committee shall also consider all policy matters related to personnel, including, but not limited to, salary ranges and step schedules, position classification, merit system development and other items in coordination with the operations department and other departments as appropriate. This is not to be construed as a limitation or infringement upon the executive powers of the mayor. 2., Parks and Human Services Committee. The parks and human services committee generally shall consider all matters related to planning and implementation of city facilities, parks and recreation programs and activities in the city, and human services programs and activities in the city, including coordination of programs and activities with affected school districts. 3. Economic and Community Development Committee. The economic and community development committee generally shall consider all matters related to community growth and development including, but 10 City Council Rules and Procedures Repeal & Adopt not limited to economic development, permit issuance for land use and jconstruction development, planning of the physical, economic, aesthetic, and social development of the city. 4. Public Works Committee. The public works committee generally shall consider all matters related to planning, „ design, construction, improvement, extension, maintenance and operation of transportation and street systems, transit, water, sewer, storm, solid waste and other utilities, franchises, and other related matters. Aq S. Public Safety Committee. The public Aafety committee generally shall consider all matters related to police and fire safety, including, but not limited to, law enforcement, emergency response services, fire inspection, fire investigation and general dispatch services. SECTION 26. - Duties and Responsibilities. The council committees shall consider all matters referred to them whether within or outside of a specifict4e committee's general focus area. All proposed ordinances or resolutions and other ,matters for council consideration shall first be discussed by, or referred to, the appropriate council committee, unless otherwise designated by the council president, provided"14�h, 1 however, the council shall not be denied the right to refer the subject to a committee or workshop for further consideration. Matters not otherwise designated shall be assigned for consideration to a council meeting, workshop or to the appropriate council committee by the council president, in consultation with the mayor. Each committee chairpersons shall report to the council the findings and/or recommendations of the committee. SECTION 27. - Ouorum. No committee shall act in the absence of I a quorum. At the request of the committee chair, the council president or 11 City Council Rules and Procedures Repeal & Adopt i any other councilmember may sit on any committee when necessary to constitute a quorum or to fill a vacancy. SECTION 28. - Committee of the Whole. Council workshop ' meetings constitute regular meetings of the full council. Public input shall be permitted at council workshops at the discretion of the city council. , SECTION 29. - Committee Reorganization . The city ' council, upon a vote of the majority of its membership, may reorganize and rearrange the membership of standing committees, 'including the discontinuance of any standing or special committee and the reassignment of its duties and functions to another committee or committees, together with the establishment of special, temporary and ad hoc committees. SECTION 30. - Savings. If any Asection, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 31. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 32. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the , correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. 12 City council Rules and Procedures Repeal & Adopt , SECTION 33. - Effective Date. This resolution shall take effect and ibe in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2010. t �r CONCURRED in by the Mayor of the City of Kent this - i= day of I , 2010. 4 { SUZETTE�COOKE, MAYOR I � k i4 IATTEST: BRENDA JACOBER, CITY CLERK 4 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 2010. ' 13 City Council Rules and Procedures Repeal & Adopt BRENDA JACOBER, CITY CLERK „ c P•\Gvd\Resolution\MyCoundlRulesandProceduresFINAL docx 14 City Council Rules and Procedures Repeal & Adopt i Kent City Council Meeting Date August 3, 2010 Category Consent Calendar - 6E 1. SUBJECT: AMENDMENT TO VALLEY COMMUNICATIONS CENTER INTERLOCAL AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the required amend- ment to the enabling interlocal agreement on behalf of Kent as a member city. The Kent Fire Department Regional Fire Authority ("KFDRFA") is a new regional fire protection authority providing fire and emergency medical services within its jurisdictional boundaries, including the City of Kent. The City is seeking to enter into an interlocal agreement with the KFDRFA and Valley Communications Center ("Valley Com") for purposes of providing fire and emergency medical services dispatch via the City's membership in Valley Communication Center. This will allow KFDRFA to function as do other member city fire departments for purposes of rates for dispatch services and representa- tion on the Valley Com Operating Board. The interlocal agreement would also allow Valley Com and the KFDRFA to mutually indemnify one another without passing that indemnification through the City of Kent. ' It is necessary to amend the enabling interlocal agreement among Valley Com's five member cities to allow the KFDRFA to participate with Valley Com under its new relationship with Kent as a member City. This amendment will also allow the Valley Com Administrative Board to approve future interlocal agreements with newly formed regional fire protection service authorities without further amendment to the enabling interlocal agreement. ' 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: tSECOND AMENDMENT TO VALLEY COMMUNICATIONS CENTER INTERLOCAL AGREEMENT RECITALS A. The undersigned municipal corporations, Auburn, Federal Way, Kent, Renton and Tukwila, the "Member Cities" which compose the Valley Communications Center ("VCC") entered into an Interlocal Agreement (' VCC Interlocal Agreement") on or about April 17, 2000, that sets forth certain provisions, rights and obligations among the Member Cities. B. The Kent Fire Department Regional Fire Authority ("KFDRFA") is a new Regional Fire Protection Service Authority formed to provide fire and emergency medical services within its jurisdictional boundaries which boundaries include the City of Kent. C. The VCC Interlocal Agreement permitted the City of Federal Way to enter into a further Interlocal agreement with the Federal Way Fire Department (now merged with South King Fire and Rescue) for purposes of providing fire and emergency medical services dispatch via the City of Federal Way's membership in VCC. D. The First Amendment to the VCC Interlocal Agreement permitted the 1 City of Auburn to enter into the same arrangements with the Valley Regional Fire Authority. E. The City of Kent now seeks to enter into an Interlocal agreement with the KFDRFA for the same purpose and in the same manner. ' NOW, THEREFORE, in consideration of the mutual rights and obligations established in the Amendment, the Member Cities agree hereby agree as follows: AGREEMENT 1. The following provisions are hereby added to Section 1 of the VCC Interlocal Agreement: The City of Kent may enter into an Interlocal agreement with KFDRFA for the purposes of providing fire and emergency medical services dispatch via the City of Kent's membership in VCC. Upon execution of the Interlocal agreement, the City of I Kent may, at its option and under such terms and conditions as Kent deems proper, appoint KFDRFA to function as to the other Member City Fire Departments, for purposes of its representation on the Operating Board and for purposes of calculating and remitting payment for dispatch services. VCC and KFDRFA shall mutually indemnify one another without passing that indemnification through the City. Second Amendment to Interlocal Agreement 2010 Page 1 of 5 The Valley Communications Center Administration Board is hereby vested with the authority to vote to approve permitting further Interlocal agreements between Member Cities, VCC and a Regional Fire Authority, Fire District or other legal entity formed for purposes of providing fire protection and emergency , medical services to said Member Cities for the purpose of permitting said Member Cities to have representation on the Operating Board and for calculating and remitting payment for ' dispatch services at Member City rates. 2. The other terms of the VCC Interlocal Agreement shall remain the same and shall be in full force and effect. 3. This Amendment may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. 4. This Amendment shall be effective upon the last date of execution. IN WITNESS WHEREOF, the undersigned hereby affix their hands and seals. CITY OF KENT, WASHINGTON CITY OF TUKWILA, WASHINGTON 1 By: By: Print Name: Print Name: Its: Its: Date: Date: CITY OF AUBURN, WASHINGTON CITY OF RENTON, WASHINGTON By: By: Print Name: Print Name: Its: Its: Date: Date: CITY OF FEDERAL WAY, WASHINGTON By: Print Name: Its: Date: (Notary Acknowledgments Appear on the Following Pages) Second Amendment to Interlocal Agreement 2010 Page 2 of 5 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2010, I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Sea! Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the 1 day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2010, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the CITY OF TUWKILA as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Sea! Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires Second Amendment to Interlocal Agreement 2010 Page 3 of 5 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2010, I know or have satisfactory evidence that is the person ' who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the CITY OF AUBURN as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) I ss. COUNTY OF KING ) I hereby certify that on the day of 2010, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the CITY OF RENTON as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires Second Amendment to Interlocal Agreement 2010 Page 4 of 5 STATE OF WASHINGTON ) ss. ICOUNTY OF KING ) I hereby certify that on the day of 2010, I know or have satisfactory evidence that Is the person who appeared before me, and said person acknowledged that he/she signed this Instrument, on oath stated that he/she Is authorized to execute the Instrument on behalf of the CITY OF FEDERAL WAY as Its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned In the foregoing Instrument. I -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. INOTARY PUBLIC, in and for the State of Washington residing at My appointment expires 1 1 P'\Gvil\Files\Open FAes\0247-Va11eyComGenera1\VCC Interlocal Amendment 2 FINAL docx 1 Second Amendment to Interlocal Agreement 2010 Page 5of5 Kent City Council Meeting Date August 3, 2010 Category Consent Calendar - 6F 1. SUBJECT: HYAS GROUP INVESTMENT CONSULTANT CONTRACT - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign the contract with HYAS Group, LLC in the amount of $30,000 for review of the City's deferred 1 compensation program, subject to approval of terms by the City Attorney's Office. The City is recommending an ongoing services contract with WAS Group, LLC to provide fiduciary review and oversight of employee-owned deferred compensation investment accounts. Through this contract, WAS Group assumes co-fiduciary responsibility with the City and agrees to monitor and analyze the performance of plan investment options. I r 3. EXHIBITS: WAS Group Administrative Services Agreement 4. RECOMMENDED BY: Operations Committee 7/20/10 (Committee, Staff, Examiner, Commission, etc.) 1 5. FISCAL IMPACT Expenditure? $30,000 Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: • KENT WAS MINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Hyas Group, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Hyas Group, LLC organized under the laws of the State of Oregon, located and doing business at 108 NW 9th Avenue, Suite 203, Portland, Oregon (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: • Investment Performance Monitoring: Contractor will conduct quarterly Iperformance reviews for the City of Kent 457 Deferred Compensation Plan • Investment Manager and Plan Administration Provider Monitoring and Due diligence: Contractor will monitor key staffing changes, regulatory and legal issues, the organizational stability and the financial positions of the firms providing investment management and plan administration services to the 457 Plan • Investment Manager Search and Selection: Contractor will perform searches for investment managers to supplement or replace existing Plan investment mangers as directed by the Committee. • Investment Policy Statement: Contractor will review and assist with maintaining the Plan's Investment Policy Statement. • Education/Communication and Training: Contractor will provide comprehensive guidance to the Committee and Plan Administrator to assist their administration of the Plan. ' 0 Co-Fiduciary Role: Contractor will serve as a co-fiduciary to the City's 457 Deferred Compensation Plan 10 Ongoing_Support: Contractor will provide ongoing support and response to informational requests assigned by the City. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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. 1 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 all the work described in Section I on a repeating, ongoing, and quarterly basis, until either party terminates this Agreement in accordance with Section V below. , III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $7,500 per calendar quarter 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. B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of , an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the 1� 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. ' V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment 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 1 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. ' In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 A attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of , completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, , and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary ' for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. ' XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. ' B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disoutes 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 CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be 1 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 Ithe City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable ' to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (tale) DATE: DATE: CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Gregory T. Settle Becky Fowler, Benefits Manager Hyas Group City of Kent Employee Services Department 108 NW 9`h Avenue, Suite 203 220 Fourth Avenue South Portland, OR 97209 Kent, WA 98032 (971)634-1505 (telephone) (253) 856-5270 (telephone) (971) 275-1856 (facsimile) (253) 856-6270 (facsimile) APPROVED AS TO FORM: ' Kent Law Department P\Gvil\Files\Open Files\1528-Deferred Compensation Plan Committee-Gehl\Kent-Ryas Group Consultant ServlcesAgmement doc CONSULTANT SERVICES AGREEMENT - 6 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. ' S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 20_. By: For: Title: ' Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ' ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and , state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating , commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract ' and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public ' Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these ' regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. ' I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: 1 EEO COMPLIANCE DOCUMENTS - 3 DECLARATION , CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any , contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; ' The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 20—• By: For: Title: ' Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ' ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 ' SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor ' POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee ' equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's ' nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. ' 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ' EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the , Agreement. I, the undersigned, a duly represented agent of ' Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered , into on the (date), between the firm I represent and the City of Kent. ' I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 , By: For: Title: ' Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT B INSURANCE REQUIREMENTS FOR 1 CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance ' against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant,their agents, representatives, employees or subcontractors A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. L 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project ' Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the 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. 3. Workers' Compensation coverage as required by the Industrial ' Insurance taws of the State of Washington. 4. Professional Liability(Errors & Omissions) insurance appropriate to the Consultant's profession. ' B. Minimum Amounts of Insurance ' Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no ' less than$1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) ' 3. Professional Liability(Errors & Omissions) insurance shall be written with limits no less than$1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions , for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. ' Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. ' 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant , and a copy of the endo►sement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN IL II. ' E. Verification of Coverage , Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish , separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. , ACORD CERTIFICATE OF LIABILITY INSURANCE 6/17/20 0 ODUCER (916)286-5960 FAX. (916) 646-3996 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION iISI dba Pan American Insurance Agency, NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4 y, Inc.. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA License # OF89850 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW O Box 13792 acramento CA 95853 INSURERS AFFORDING COVERAGE NAIC# SURED INSURERA Hartford Casualty Ins 29424 Hyas Group, LLC INSURER B Federal Insurance Co. 20281 08 NW 9th Ave. INSURER uxte 203 INSURERD Portland OR 97209 INSURER E HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY EQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES 1. TE LIMITS SHOWN MAY HAVE BEE q REDUCED BY PAID CLAIMS SR ADD L POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSIRD TYPE OFINSURANCE POLICY NUMBER DATE MMIDONY DATE MMIDDIYY GENERAL LIABILITY EACH RR $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMI ES(EaocTO rr e $ 300,000 CLAIMS MADE FXI OCCUR 57SBAUY4351 8/l/2009 8/1/2010 MEDEXP(Any one erson $ 10,000 PERSONAL&A VIN $ 2,000,000 ENERALAGG EGATE $ 4,000,000 GEN L AGGREGATE LIMIT APPLIES PER T - P $ 4,000,000 X POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Eaacradent) $ 1,000,000 ALLOWNEDAUTOS 57SBAM4351 8/1/2009 8/1/2010 BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTO$ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE S RETENTION 5 $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED EL DISEASE-EA EMPLOYEE$ If yes describe under SPECIAL PROVISIONS below I E L DISEASE-POLICY LIMIT Is OTHER Professional 82120758 8/1/2009 8/1/2010 $3,000,000 each loss $100,000 De Liability $3,000,000 agg limit Claims Made Form ruor/ endin date 8/l/2009 ESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ity of Kent is named as additional insured as respects general liability arising out of the operations performed by the named insured *Except 10-day notice of cancellation if cancelled for non-payment of premium** CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Kent EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Attn Becky Fowler *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT 400 West GOWe Street FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Kent, WA 9BO32 INSURER ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Bob Underwood/ANGEL &C ORD25(2001/08) ©ACORDCORPORATION 1988 S025(o1oB)oea Page 1 of IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2001108) INS025(oioe)o8a Page z of s BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury"- are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured,except"volunteer workers". 2• Each of the following is also an insured: ' b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured performing duties related to the conduct of ' your business, or your "employees", other c. Injury On Normally Occupied Premises than either your"executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by ' To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business the "bodily injury" are payable or must be However, none of these "employees" or ' provided under a workers' compensation "volunteer workers"are insureds for. or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": ' To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co=employee" while in the course of his or her Included with the "products-completed employment or performing duties ' operations hazard" related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while C. WHO IS AN INSURED coperformingduties related to the conductuctoff your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, ' a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph(1)(a)above, b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds,but only with someone else who must pay ' respect to the conduct of your business damages because of the injury C. A limited liability company, you are an described in Paragraphs (1)(a) or insured Your members are also insureds, (b) above, or but only with respect to the conduct of your (d) Ansmg out of his or her providing business Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services ' managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply ' are an insured Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors you to provide such services ' Your stockholders are also insureds,but only (2) "Property damage"to property. with respect to their liability as stockholders. (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to, control is being exercised for any (1) 'Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are ' a arising out of an offense committed partnership or joint venture), or any member (if you are a limited before you acquired or formed the liability company). organization. , b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration , while acting as your real estate manager, law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission Any other person or organization , responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only only if no other insurance of any kind is available ' (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured (2) Until your legal representative has with respect to: ' been appointed. a. 'Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, ' only with respect to duties as such That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is dudes under this insurance. an insured under this provision ' e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used , of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission Any other person or The insurance afforded herein for any organization responsible for the conduct of , such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be an insured under such policy but for its However, no person or organization is an ' termination or upon the exhaustion of its insured with respect to: limits of insurance. a. 'Bodily injury" to a co"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is ' maintain financial interest of more than 50% of an insured under this provision the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written , policy period,whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 ' BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such 1 permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual ' subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit with the distribution or sale of the A person or organization is an additional products; ' insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit except such operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (9} Products which, aver distribution by us and made a part of this Coverage Part, or sale b you, have been labeled including all persons or organizations added or relabeled or used of a as additional insureds under the specific container, part or substance of any additional insured coverage grants in Section other thing or substance by or for the vendor;or F.—Optional Additional Insured Coverages. a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s)or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However,this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from t reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or ' liability for damages that the containing such products vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally .personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of ' unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, 1 and then repackaged in the original container, ' Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM ' (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but ' "occurrence" which takes place after only with respect to operations you cease to lease that equipment performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this ' of the ownership, maintenance or use insurance does not apply to. of that part of the land or premises (a) 'Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to- municipality; or (a) Any 'occurrence" which takes (b) "Bodily injury" or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises;or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for 'bodily the acts or omissions of those acting „ „ injury", property damage or personal on your behalf. and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations, the acts or omissions of those acting on (b) In connection with your premises your behalf owned by or rented to you; or (a) In connection with your premises; (c) In connection with"your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and , This insurance does not apply to (it) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, ^personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. —Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay S. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most we will pay regardless of the number of- Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or"suits" brought;or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits" temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily Injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay o a behalf a person or organization who is an additional nal insured injury", "property damage" or "personal under this Coverage Part is the lesser of and advertising injury", including medical expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision;or owned by or rented to you b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit' single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit" However, this other information, paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above The Limits of Insurance of this Coverage Part apply settlement the claim or defense 9 PP Y against the"suit";and separately to each consecutive annual period and to any remaining period of less than 12 months,starting (4) Assist us, upon our request, in the with the beginning of the policy period shown in the enforcement of any right against any Declarations, unless the policy period is extended Person or organization that may be liable after issuance for an additional period of less than 12 the insured because of injury months In that case, the additional period will be or damage which this insurance deemed part of the last preceding period for purposes may also apply of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim To written contract, written agreement or the extent possible, notice should include, permit that this insurance is primary and non-contributory with the additional (1) How,when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is , "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership, (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable manager, if you or an additional 1 You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. a Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured upon your representations 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fad to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7, Other Insurance insurance required by that law. If other valid and collectible insurance is „ b. With respect to mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows. undennsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law We will provide the required limits for This insurance is primary except when b. those coverages. below applies If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. below this Coverage Form: b. Excess Insurance a. To join us as a party or otherwise bring us into a "suit asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis. all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work", against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner, liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, and any rights or duties specifically assigned "properly damage" to premises rented in this policy to the first Named Insured, this w you or temporarily occupied by you insurance applies with permission of the owner; a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit" is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us, and Coverages Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance (7) When You Add Others As An We will share the remaining loss,if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will Insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in C. applicable limit of insurance to the total below. applicable limits of insurance of all insurers (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us Insurance. enforce them This condition does not Paragraphs (a)and (b)do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit"if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit" If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for 'bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s) for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) a. WHO IS AN INSURED under Section C. shown in the Declarations as an Additional Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply. (1) Any "occurrence" that takes place This insurance does not apply to- after you cease to lease that land, or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises, or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political r� performed by or on behalf of such Subdivision —Permits person or organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection wRh the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in personal and advertising injury connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations hazard. container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C.is the vendor;or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (1) The exceptions contained in business and only if this Coverage Part Subparagraphs(d) or(f); or provides coverage for "bodily injury" or (ii) Such inspections, "property damage" included within the "products-completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products (b) Any express warranty8. Additional Insured—Controlling Interest unauthorized by you: WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or +� substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured —Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional ( insured(s), or 5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However,"advertisement"does not include: "products-completed operations hazard" a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products, or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobile equipment" Premises S. "Bodily injury"means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above,mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory"means. VPage 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a. above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of 12. "Insured contract" means. (1) Goods or products made or sold by you in the territory described in a.above, a. A contract for a lease of premises. However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business;or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. —Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to feet of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on;or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for"bodily injury" or "property S. "Employee" includes a "leased worker" damage" to a third person or organization, "Employee" does not include a "temporary provided the "bodily injury" or "property worker damage is caused, in whole or in part, by . you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product' or"your work" underpass or crossing that is known or thought to be defective, However, Paragraph f. does not include deficient,inadequate or dangerous,or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, Loaders, engineer or surveyor for injury or diggers or drills, or damage arising out of. (2) Road construction or resurfacing (a) Preparing, approving or fading to equipment such as graders, scrapers prepare or approve maps, shop or rollers, drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications, or permanently attached equipment of the (b) Giving directions or instructions, following types or fading to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage, or welding, budding cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers, rendering or failure to render professional services, including those f. Vehicles not described a., b., c , or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but will be considered"autos": firm, to perform duties related to the conduct of your business "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a "temporary worker" gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property. (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing;or aircraft, watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft,watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers, and finally delivered, (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. I15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury"means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads, out of one or more of the following offenses b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent, b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage"ansng out of privacy; (1) The transportation of property, unless f. Copying, in your "advertisement", a the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea" or style of"advertisement'; or operated by you, and that condition g. Infringement of copyright, slogan,or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement", or insured; or h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it; or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and ansing out of "your shall be deemed to occur at the time of product"or"your work"except, "occurrence"that caused ft. (1) Products that are still in your physical As used in this definition, "electronic data" is possession, or not tangible property. (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times to which this insurance applies are alleged. (a) When all of the work called for in "Suit" includes: your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent; or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent organization other than another 22. "Temporary worker" means a person who is Contractor or subcontractor furnished to you to substitute for a permanent working on the same project. employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your"employee'; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold their work performed for you 25 "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You, or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of"your work"; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions. furnished in connection with such goods or products. b. Includes- (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product; and 1 1 Page 24 of 24 Form SS 00 08 04 05 ACORD CERTIFICATE OF LIABILITY INSURANCE 6�i`/2o o' PRODUCER (916) 286-5960 FAX. (916) 646-3996 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AISI dba Pan American Insurance Agency, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA License # OF89850 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW PO Box 13792 Sacramento CA 95853 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Sentinel Insurance Hyas Group, LLC INSURERS 108 NW 9th Ave INSURER Ste 203 INSURER Portland OR 97209 INSURER THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODjND D NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS ANIONS OF SUCH POLICIES REDUCEDSHOWN MAY HAVE BEE 4 Y PAI CLAIMS INSR ADD'L POLICY EFFECTIVE POLICY E%PIRATIONLIMITS TYPE OF INSURANCE POLICY NUMBER DATE(NI DATE MNI/DD/YY GENERAL LIABILITY EACH $ COMMERCIAL GENERAL LIABILITY DAMIAGE n $CLAIMS MADE1:1 OCCUR MED EXP on $P $GENERALE $GEN L AGGREGATE LIMIT APPLIES PER PR A $ PRO- POLICY LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALLOWNEDAUTOS BODILY INJURY S (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN FA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCI IRRFNCF IS OCCUR CLAIMS MADE AGGREGATE S $ DEDUCTIBLE $ RETENTION WC SI IMIT OTH- A WORKERS COMPENSATION AND TnRY EMPLOYERS'LIABILITY 11000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? 57WECEV5493 4/15/2010 4/15/2011 11000,000 E L DISEASE-EA EMPLOYEE$ SPECIAL ALPRan e PROVISIONS EL DISEASE POLICY LIMIT $ 11000,000 PE IAL PR VI I NS bebw OTHER DESCRIPTION OF OPERATIONSILOCATIONSAtEHICLE&EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Evidence of Workers' Compensation *Except 10-day notice if cancelled for non-payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Kent EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Becky Fowler *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT 400 West GOWe Street FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Kent, WA 98032 INSURER,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Bob Underwood/VERDUZ ACORD 25(2001108) ©ACORD CORPORATION 1981 INS025(otoB)oaa Page'eI IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ORD 25(2001108) Page za2 INS025(oios)oea � i OMB APPROVAL OMB Number 3235-0049 FORM ADD E Estimated FebruImage burden de 2011 Estimated Average burden Uniform Application for Investment Adviser Registration Hours per response 407 Part It- Page 1 Name of Investment Adviser Hyas Group, LAC Address_ (Number and Street) (City) (State) (Zip Code) Area Code Telephone Number 108 NW 9th Avenue Portland OR 97209 (971) 634-1503 This part of FORM ADV gives information about the investment adviser and its business for the use of clients. The information has not been approved or verified by any government authority. Table of Contents Item Number Item ......'.••.•. , ,... .I.• ..••♦ Py_ 1 Advisory Services and Fees . 2 2 Types of Clients ......... 2 3 Types of Investments 3 4 Methods of Analysis,Sources of Information and Investment Strategies 3 5 Education and Business Standards 4 6 Education and Business Background . ..... .. ... .. 4 7 Other Business Activities . . .. ... ......I.......... . . . . 4 8 Other Financial Industry Activities or Affiliations ..... . 4 i 9 Participation or Interest in Client Transactions 5 to Conditions for Managing Accounts 5 11 Review of Accounts . , .. . 5 12 Investment or Brokerage Discretion . ...... . ...... .. ... .. 6 13 Additional Compensation ........ .. .. .. . 6 14 Balance Sheet. .. ........ .. 6 Continuation Sheet .. Schedule F (Schedule A,B,C,D,and E are mrluded with Part 1 of this Form,for the use of regulatory bodies,and are not distributed to clients) Potential persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid ORIB control number. li FORM ADV Applicant SEC File Number Date Part It- Page 2 Hyas Group, LLC Sol- 69938 March 31, 2010 1. A. Advisory Services and Fees. (check the applicable boxes) For each type of sery ice provided,state the approximate%of total advisory billings from Applicant: that sery ice (See instruction below) Estimates ❑(1) Provides investment supervisory services ❑(2) Manages investment advisory accounts not involving investment supervisory services % n(3) Furnishes investment advice through consultations not included in either service described above 50 % ❑(4) Issues periodicals about securities by subscription % ❑(5) Issues special reports about securities not included in any service described above % ❑(6) Issues,not as part of any service described above,any charts,graphs,formulas,or other devices which clients may use to evaluate securities ... (7) On more than an occasional basis,furnishes advice to clients on matters not involving securities 50 % ❑ (8) Provides a timing service % ❑ (9) Furnishes advice about securities in any manner not described above % (Percentages should be based on applicant's last fiscal year If applicant has not completed its first fiscal year, provide estimates of advisory billings for that year and state that the percentages are estimates ) L Yes No B Does applicant call any of the services it checked above financial planning or some similar term?. . . . . ❑ C Applicant offers investment advisory services for (check all that apply) ❑✓ (1) A percentage of assets under management ❑ (4) Subscription fees ❑ (2) Hourly charges ❑ (5) Commissions ❑✓ (3) Fixed fees(not including subscription fees) ❑ (6) Other D For each checked box in A above, describe on Schedule F • the services provided, including the name of any publication or report issued by the adviser on a subscription basis or for a fee • applicant's basic fee schedule,how fees are charged and whether its fees are negotiable • when compensation is payable, and if compensation is payable before service is provided,how a client may get a refund or may terminate an mvestment advisory contract before its expiration date 2. Types of clients-Applicant generally provides investment advice to (check those that apply) ❑ A Individuals ❑✓ E Trusts,estates,or charitable organizations ❑ B Banks or thrift institutions ❑ F Corporations or business entities other than those listed above ' ❑ C. Investment companies ❑ G Other(describe on Schedule F) ✓❑ D Pension and profit sharing plans Answer all items.Complete amended pages in full,circle amended items and file with execution page(page 1) r FORM ADV Applicant SEC Fite Number Date Part 11 - Page 3 s Group, LLC 801-69938 March 31, 2010 3. Types of Investments. Applicant offers advice on the following (check those that apply) ❑ A Equity securities ❑ H United States government securities (1)exchange-listed securities l Options contracts on ❑ (2)securities traded over-the-counter ❑ (1) securities ❑ (3) Foreign issuers ❑ (2) commodities ❑ B Warrants J Futures contracts on: ❑ C Corporate debt securities(other than commercial paper) ❑ (I) tangibles ❑ ❑ (2) intangibles D Commercial paper ❑ E Certificates of deposit K Interests in partnerships investing in ❑ F Municipal securities 0 (1)real estate ❑ (2)oil and gas interests G Investment company securities. ❑ (3)other(explain on Schedule F) ❑ (1)variable life insurance (2)variable annuities ❑ L Other (explain on Schedule F) ✓ (3)mutual fund shares 4. Methods of Analysis,Sources of Information,and Investment Strategies. A Applicant's security analysis methods include (check those that apply) (1) ❑ Charting (4) ❑ Cyclical (2) ❑✓ Fundamental (5) ❑ Other (explain on Schedule F) (3) ❑ Technical B The main sources of information applicant uses include (check those that apply) (1) ❑ Financial newspapers and magazines (5) ❑ Tuning services l (2) ❑ Inspections of corporate activities (6) ❑ Annual reports,prospectuses,filings with the (3) ❑✓ Research materials prepared by others Securities and Exchange Commission (4) ❑ Corporate rating services (7) ❑ Company press releases (9) ❑ Other (explain on Schedule F) C. The investment strategies used to implement any investment advice given to clients include (check those that apply) (1) ✓❑ Long term purchases (5) ❑ Margin transactions (securities held at Least a year) (2) ❑ Short term purchases (6) ❑ Option writing, including covered options, , (securities sold within a year) uncovered options or spreading strategies (3) ❑ Trading(securities sold within 30 days) (7) ❑ Other(explain on Schedule F) (4) ❑ Short sales Answer all items.Complete amended pages in full,circle amended items and file with execution page(page 1) FORM ADV Applicant SEC File Number Date, Part I - Page 4 Hyas Group, LLC 801- 69938 March 31, 2010 5. Education and Business Standards. Are there any general standards of education or business experience that applicant requires of those involved in Yes No determining or giving investment advice to clients? ❑ (If yes,please describe these standards on Schedule F) 6. Education and Business Background. For • each member of the investment committee or group that determines general investment advice to be given to clients,or 1 if the applicant has no investment committee or group,each individual who determines general investment advice clients(if more than five,respond only for their supervisors) • each principal executive officer of applicant or each person with similar status or performing similar functions On Schedule F, give the • name 0formal education after high school • year of birth • business background for the preceding five years 7. Other Business Activities. (check those that apply) 0 A Applicant is actively engaged in a business other than giving investment advice ❑ B Applicant sells products or services other than investment advice to clients. ❑ C The principal business of applicant or its principal executive officers involves something other than providing investment advice (For each checked box describe the other activities, including the time spent on them, on Schedule F) S. Other Financial Industry Activities or Affiliations. (check those that apply) ❑ A Applicant is registered(or has an application pending)as a securities broker-dealer. ❑ B Applicant is registered(or has an application pending)as a futures commission merchant,commodity pool operator or commodity trading adviser ❑ C Applicant has arrangements that are material to its advisory business or its clients with a related person who is a• ❑ (1) broker-dealer ❑ (7) accounting firm ❑ (2) investment company ❑ (8) law firm ❑ (3) other investment adviser ❑ (9) insurance company or agency ❑ (4) financial planning firm ❑ (10) pension consultant ❑ (5) commodity pool operator,commodity trading ❑ (l 1) real estate broker or dealer adviser or futures commission merchant ❑ (6) banking or thrift institution ❑ (12) entity that creates or packages limited partnerships (For each checked box in C,on Schedule F identify the related person and describe the relationship and the arrangements) Yes No D. is applicant or a related person a general partner in any partnership in which clients are solicited to invest" (If yes,describe on Schedule F the partnerships and what they invest in) Answer all items.Complete amended pages in full,circle amended items and file with execution page(page 1) i FORM ADV Applicant. SEC File Number Date- Part II - Page 5 Hyas Group, LLC 801-69938 March 31, 2010 9. Participation or Interest in Client Transactions. Applicant or a related person (check those that apply) ❑ A As principal,buys securities for itself from or sells securities it owns to any client B As broker or agent effects securities transactions for compensation for any client ❑ C As broker or agent for any person other than a client effects transactions in which client securities are sold to or bought from a brokerage customer ❑ D Recommends to clients that they buy or sell securities or investment products in which the applicant or a related person has some financial interest ❑✓ E Buys or sell for itself securities it also recommended to clients (For each box checked,describe on Schedule F when the applicant or a related person engages in these transactions and what restrictions, internal procedures,or disclosures are used for conflicts of interest in those transactions) Describe,on Schedule F,your code of ethics,and state that you will provide a copy of your code of ethics to any client or I prospective client upon request 10. Conditions for Managing Accounts. Does the applicant provide investment advisory services manage Yes No investment advisory accounts or hold itself out as pioviding financial planning or some similarly termed r-, services and impose a minimum dollar value of assets or other condition for starting or maintaining an El account` (If yes,describe on Schedule F) 11. Review of Accounts. If applicant provides investment supervisory services, manages investment advisory account, or holds itself out as prov idmg financial planning or some similarly termed services A Describe below the reviews and reviewers of the accounts For reviews, include their frequency,different levels, and triggering factors For reviewers, include the number of reviewers,their titles and functions, instructions they receive from applicant on performing reviews, and number of accounts assigned each Hyas Group, LLC does not provide investment supervisory services or review accounts or investments on an ongoing basis i B Describe below the nature and frequency of regular reports to clients on their accounts Hyas Group, LLC does not provide regular reports to all of its clients Some clients contract for and receive reports on a periodic basis Answer all items.Complete amended pages in full,circle amended items and file with execution page(page 1) FORM ADV Applicant SEC File Number Date Part 11 - Page 6 Hyas Group, LLC 801-69938 March 31, 2010 12. Investment or Brokerage Discretion. A Does applicant or any related person have authority to determine,without obtaining specific client consent,the Yrs No (1) securities to be bought or sold? ................ ................................... .. ... F , Yes No (2) amount of securities to be bought or sold? © 21 Yes No (3) broker or dealer to be used? .. . ... ...... .... ... C ❑ Y 0 (4) commission rates paid? ' v No- B Does applicant or a related person suggest brokers to clients? � LE For each yes answer to A describe on Schedule F any limitations on the authority For each yes to A(3),A(4) or B,describe on Schedule F the factors considered in selecting brokers and determining the reasonableness of their commissions If the value of products,research and services given to the applicant or a related person is a factor, describe • the products,research and services • whether clients may pay commissions higher than those obtainable from other brokers in return for those products and services • whether research is used to service all of applicant's accounts or just those accounts paying for it,and • any procedures the applicant used during the last fiscal year to direct client transactions to a particular broker in return for product and research services received 13. Additional Compensation. Does the applicant or a related person have any arrangements,oral or in writing,where it A is paid cash by or receives some economic benefit(including commissions,equipment or non-research YfS No services)from a non-client in connection with giving advice to clients? Yes No B directly or indirectly compensates any person for client referrals? .. i� (For each yes,describe the arrangements on Schedule F) 14. Balance Sheet Applicant must provide a balance sheet for the most recent fiscal year on Schedule G if applicant has custody of client funds or securities(unless applicant is registered or registering only with the Securities and Exchange Commission), or • requires prepayment of more than$500 in fees per client and 6 or more months in advance Yes No Has applicant provided a Schedule G balance sheet? ® i Answer all items.Complete amended pages in full,circle amended items and rile with execution page(page 1) Schedule F of Applicant SEC Fdc Number Date Form ADV Continuation Sheet for Form ADV Part II Hyas Group, LLC 801-69938 March 31, 2010 (Do not use this Schedule as a continuation sheet for Form ADV Part f or any other schedules ) I Full name of applicant exactly as stated in Item IA of Part I of Form ADV IRS Empl Ident No Hyas Group, LLC Item of Form (identify) Answer Item 1 Advisory Services and Fees Hyas Group, LLC ("Hyas Group") provides two primary types of services through Its Investment Advisor Representatives (IARs) Investment Advisory Services Hyas performs a broad array of investment advisory services for its clients. Not all clients choose to receive all potential services The potential services include, but are not limited to, assistance creating an investment policy statement, asset allocation modeling, analysis of current investment options and portfolio structure, portfolio rebalancing and investment manager searches Advice and Consulting not Involving Securities Many of the services that Hyas Group performs for clients are not investment advisory in nature. These services include, but are not limited to, consulting with investment committees, pension plan review and analysis, fiduciary education and training, plan fee and revenue analysis, vendor search projects, and reporting on investments and pension plan results. The specific services that Hyas Group performs for a client are described in a written agreement with each client Question 1C(1) Fees for investment advisory services Hyas Group charges some clients a fee based upon the size or value of assets under the advice relationship which may include portfolios that are a part of the overall asset Assets will be valued on the last day calendar quarter Quarterly fees are calculated and charged in arrears, after services have been performed. The actual rate would vary depending upon the scope of services the client requests Hyas Group to perform. This fee is described in the written agreement entered into between the client and Hyas Group. The Client acknowledges and agrees that fees payable to Hyas Group may if the client desires to do so, be automatically deducted from the client's account In cases when the advisory agreement does not span the full billing period, fees are prorated from the date of inception or through the date of termination. The Advisor or Client may terminate the investment advisory agreement at any time with written notice to the advisor at their main office Complete amended pages in full,circle amended items and file with execution page(page I) Page 1 Comphance Consultants,LLC 425-7656427 iSchedule F of Applicant SEC File Number Date Form ADV Continuation Sheet for Form ADV Part II 1 Hyas Group, LLC 801-69938 March 31, 2010 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedule~) Full name of applicant exactly as etated in Item [A of Part I of Form ADV IRS Empl Ident No Hyas Group, LLC Item of Corm (identify) Answer Hyas Group, LLC 108 NW 9th Avenue Suite 203 Portland, OR 97209 Or other address designated by Hyas Group, LLC. Fixed Fees — In some cases, Hyas Group will perform services for clients where the cost is set and agreed to with the Client in advance of performing the service The exact cost of the service would depend upon the complexity and scope of the service to be performed Hyas Group, LLC enters into a written agreement that explains the services to be performed and an estimate of the cost to complete the service. Fees are normally paid upon delivery of the specific work product If either party terminates the fixed fee engagement, the Client is responsible to compensate Hyas Group, LLC for work done on a prorata basis, based upon the number of days the services was provided in the quarterly billing period. Other Fees - The above-referenced fees charged by Hyas Group, LLC do not include brokerage commissions and other costs related to the execution of transactions on behalf of Clients Such costs will be paid by advisory Clients in addition to the fees discussed above Clients are also responsible for asset management fees and plan or account administration fees paid to Custodians and broker-dealers These fees are disclosed in the disclosure document or agreements in the Custodian's account opening documents. Clients are also responsible for margin interest, wire transfer fees, safe keeping fees and other special services provided by the broker- dealer, transfer agent, or custodian and disclosed by the Custodian at the time the Client opens their account(s) or when service is requested Investment Company Fees Investment company funds that are held by Clients will bear their own internal transaction and execution costs, as well as directly compensate their investment managers along with internal administrative services. Some funds pay 12b-1 fees, Distribution Fees, and or Shareholder Service Fees to broker-dealers that offer such funds to their Clients These charges affect the Net Asset Value of these fund shares and are thus are indirectly borne by fund shareholders such as a Hyas Group Client. Some fund companies have imposed a redemption fee A redemption fee is another type of fee that some funds charge their shareholders when shares are sold or redeemed within a short period of time from the purchase of the fund shares Although a redemption fee is deducted from redemption proceeds just like a deferred sales load, it is not considered to be a sales load Unlike Complete amended pages in full,circle amended Items and file with CCCLUtl0n page(page 1). Page 2 Compliance Consultants,LLC 425-766-6427 Schedule F of Applicant SEC File Number Date Form ADV Continuation Sheet for Form ADV Part II Has Group, LLC ao�-ssssa March 31, 2010 , Do not use thtti Schedule as a continuation sheet for Form ADV Part I or anv other schedules) I I ull name of applicant exactly as stated in Item IA of Part I of I orm ADV IRS Empl Idcnt No Hyas Group, LLC Item of Form (identify) Answer a sales load, which is generally used to compensate brokers, a redemption fee is typically used to defray fund costs associated with a shareholder's redemption and is paid directly to the fund, not to a broker. The SEC generally limits redemption fees to 2%. In most cases, the funds will use the "first-in, first-out" (FIFO) method to determine the holding period Under this method, the date of the redemption will be compared with the earliest purchase date of shares held in the account A complete explanation of these charges is contained in the prospectus and "Statement of Additional Information" for each investment company fund You can get a prospectus from the Investment company (through Its website or by telephone or mall) Your financial professional or broker can also provide you with a copy Question 3 In the course of our advisory services the Hyas Group offers advice on interests in partnerships Investing in a broad range of asset classes and investment strategies. These investments are generally referenced as hedge fund, private equity and venture capital partnerships Question 6 Education and Business Background. Janson Davidson Born 1973 Education after High School: Bachelor of Science from the University of California at Berkeley in 1996 Business Background- 2008 To Present Hyas Group, LLC 2002 To 2008 Arnench Massena & Associates 1997 To 2002 ICMA-RC Dale Parker Born. 1972 Education after High School Bachelor of Science from Portland State University in 1997 Business Background 2008 To Present Hyas Group, LLC 1997 To 2008 Arnench Massena & Associates 1989 To 1997 Qualivest Capital Management Complete amended pages in full,circle amended items and file with execution page(page 1) Page 3 Compliance Consultants LLC 425-765-6427 Schedule F Of Applicant SEC File Number Date Form ADV Continuation Sheet for Form ADV Part II Has Grou , LLC soy-ess3a March 31, 2010 Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules Full name of applicant exactly as slated in Item I A of Part I of I orm ADV IRS Empl Ident No Hyas Group, LLC Item of Form (identify) Answer Brian Loescher Born 1969 Education after High School Bachelor of Science from University of Nebraska 1993 Business Background 2009 To Present Hyas Group, LLC 1999 To 2009 Arnench Massena & Associates * 1997 To 1999 R.V. Kuhns & Associates ' Item 7 A Other Business Activities Hyas Group, LLC and its representatives may provide services to clients that are not Investment advisory in nature These services may Include reporting on investments and account or plan assets, consulting on non- investment matters, education, vendor search projects, and performance review and evaluation Item 9 Participation or Interest in Client Transaction From time-to-time the Interests of the principals and employees of Hyas Group, LLC may coincide with those of a client Individual securities may be bought, held or sold by a principal or employee of Hyas Group that is also recommended in a model portfolio or held by a client If potential Insider Information is inadvertently provided or learned by a principal or employee, it is the policy of Hyas Group, LLC to strictly prohibit its use It is the policy of Hyas Group, LLC to permit the firm, its employees and IARs to buy, sell and hold the same securities that the IAR also recommend to clients. It is acknowledged and understood that Hyas Group, LLC performs investment services for various clients with varying investment goals and risk profiles As such, the investment advice may differ between clients and Investments made by Hyas Group, LLC IARs Hyas Group, LLC has no obligation to recommend for purchase or sale a security that Hyas Group, LLC, Its principals, affiliates, employees or IARs may purchase, sell, or hold When a decision is made to change an asset allocation recommendation, priority would always be given to the client's orders before those of a related or associated person to the advisor Hyas Group, LLC has procedures dealing with insider trading, employee related accounts, "front running" and other issues that may present a potential conflict when such purchase, sales or recommendations are made. In general, these policies and procedures, that are contained in the company's Code of Ethics, are intended to eliminate, to the extent possible, the Complete amended pages in full,t rcle amended items and rile with execution page(page 1) Page 4 Compliance Consultants,LLC 425-765-6427 Schedule F Of Applicant SEC File Number Date Form ADV Continuation Sheet for Form ADV Part II Hyas Group, LLC 501-69938 March 31, 2010 (Do not use this Schedule as a Lontmuauon sheet for Form ADV Part T or any other schedules) I Full name of applicant exactly as stated in Item I A of Part I of Form ADV IRS Empl Idcut No Hyas Group, LLC Item of Form (Idcnnf Answer adverse effect on clients of any such potential conflicts of Interest. Hyas Group, LLC will provide a copy of Its Code of Ethics to clients or prospective clients upon their request END OF SCHEDULE F Privacy Statement We, like other professionals who advise on personal financial matters are required by federal law to inform their clients of their policies regarding the W privacy of client information ` In the course of providing our clients with certain advice, we may receive nonpublic personal financial information from our clients, their accountants and other representatives, such as financial statements, tax returns and other personal Information All nonpublic personal information that we receive regarding our clients or former clients is held in strict confidence in accordance with our professional obligations, and is not released to people outside the Firm, except with your consent or as required by law or to explain our actions to professional organizations that we are members of We may share certain information with third parties who assist us in providing our services to your (such as administrative and client service functions) or marketing services, as permitted by law, subject to the obligation of these third parties not to use or disclose such information for any other purpose We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and, in some cases to comply with professional guidelines. In order to guard your nonpublic personal information from unauthorized disclosure, we maintain physical, electronic and procedural safeguards. If your financial situation, goals or risk tolerance has changed since you last notified us in writing, lease contact us immediately i Complete amended pages in full,circle amended items and file with execution page(page 1) Page 5 Compliance Consultants,LLC 425-765-6427 Kent City Council Meeting Date August 3. 2010 Category Consent Calendar - 6G 1. SUBJECT: AMENDMENT TO 2010 PUBLIC DEFENSE SERVICES AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment Number Four to the Public Defense Services Agreement with Stewart, Beall, MacNichols and Harmell, increasing the public defenders monthly compensation as a result of the Panther Lake Annexation. On July 1, 2010 the City of Kent annexed the Panther Lake area adding approximately 24,000 residents. The City of Kent is required by statute to provide Indigent Counsel services for individuals unable to afford legal representation when charged with a crime in Kent Municipal Court. Stewart, Beall, MacNichols and Harmell, under an agreement with the City, represents those individuals needing legal representation based on financial need. This amendment will increase the payment to Stewart, Beall, MacNichols and Harmell from $36,000 per month to $46,000 per month. The increase is based on the increase in the city's population and will be in effect for six months. At the end of this period, staff will do an analysis of the data to determine the rate for 2011. 3. EXHIBITS: Agreement Amendment Number Four 4. RECOMMENDED BY: Parks & 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: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: i KENT W♦f NINYTGY AMENDMENT NO. 4 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES (between City of Kent and Stewart Beall MacNichols & Harmell, Inc., P.S.) THIS AMENDMENT NO. 4 TO THE AGREEMENT FOR PUBLIC DEFENSE SERVICES ("Amendment No. 4") is made between the CITY OF KENT, a Washington municipal corporation ("City"), and STEWART BEALL MacNICHOLS &HARMELL, INC., P.S., a Washington professional services corporation ("Attorney"). RECITALS >� A. Underthe parties existing Agreement for Public Defense Services ("Agreement"), the Attorney provides public defense services to indigent defendants appointed to the Attorney by the Kent Municipal Court. These public defense services are provided by Attorney in exchange for a monthly compensation rate of $36,000. The current term of the parties' Agreement expires December 31, 2011, B. On July 1, 2010, the City's annexation of the Panther Lake Annexation Area took effect. This annexation increased the City's population by approximately 24,000 additional d expanded the City's territorial boundary b approximately five 5) additional residents, an e p y Y Y PP Y ( square miles. On July 1, 2010, the Attorney began providing public defense services to indigent defendants who commit crimes within this newly annexed area of Kent. In order to compensate the Attorney for these additional services, the parties have agreed to amend the Agreement in order to increase the Attorney's monthly compensation from $36,000 to $46,000. 1 NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, the City and Attorney agree as follows: AGREEMENT 1. Paragraph it of the Agreement for Public Defense Services, entitled "Compensation," is amended as follows: 11. Compensation. a. Payment for Services: The City shall pay the Attorney for services rendered under this Agreement as follows: The City shall provide to Attorney for services rendered under this Agreement and for the three-year term of this Agreement, the sum of FOUR HUNDRED THIRTY-TWO THOUSAND DOLLARS AMENDMENT NO. 4 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 1 OF 4 ($432,000) per year, to be paid at the rate of THIRTY-SIX THOUSAND DOLLARS ($36,000) per month. From July 1, 2010, through December 31, 2010 only, the monthly rate paid by the City to the Attorney shall increase to FORTY-SIX THOUSAND DOLLARS ($46,000) to compensate Attorney for the additional case referrals anticipated due to the Panther Lake Annexation taking effect. After December 311 2010, the Attorney's compensation shall revert back to a monthly rate of THIRTY-SIX THOUSAND DOLLARS ($36,000) per month. However, the parties will analyze the case referrals made for the period from July 1, 2010, and December 31, 2010, and a subsequent contract amendment may be negotiated if it is determined that additional, long-term compensation is due to adequately compensate the Attorney for additional case referrals made as a result of the Panther Lake Annexation. Attorney shall bill the City each month for services rendered herein. In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement, the Attorney's compensation shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. b. Appeals. The Attorney shall handle appeals taken by indigent defendants, regardless of whether the Attorney represented said defendant at trial. This service is to be included within the Scope of Services described in Section I of this Agreement and the Compensation provided for in Section 11(a) above. c. Miscellaneous Costs. The City agrees to reimburse the Attorney for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. d. Billing. The Attorney shall bill the City, in care of the City's human services office, on the first day of the month, or the first workday thereafter: (i) for the monthly installment set forth in subsection 11(a) above; and (h) for all costs incurred by the Attorney under subsection 11(c) above for the previous month or months. In addition to the reporting requirements of Section 17 of this Agreement, the Attorney shall submit with the monthly bill, a report that sets forth the number of cases to which the Attorney was appointed. The submission of the report with the monthly bill is a condition of payment under this Agreement. The City shall make payments on or before the 201h day of the month following the month for which services were rendered; provided, that any billing not received by the City's human services office on or before the fourth working day of the month shall not be due and payable until the City's next billing period. AMENDMENT NO. 4 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 2 OF 4 2. Attorney certifies to City that the Agreement for Public Defense Services is in full force and effect and that there exist no uncured defaults on the part of the Attorney under the Agreement. The City certifies to Attorney that the Agreement is in full force and effect, that there exist no uncured defaults on the part of the City under the Contract. 3. All acts consistent with the authority of the Agreement and prior to the effective date of this Amendment No. 4 are hereby ratified and affirmed, and the terms of the Agreement, Amendment No. 1, Amendment No. 2,Amendment No. 3, and this Amendment No. I4 shall be deemed to have applied. 4. Except as specifically amended, all remaining provisions of the Agreement and its amendments shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment No. 1, which shall become effective on the last date executed below. STEWART BEALL MacNICHOLS CITY OF KENT & HARMELL, INC., P.S. iBy: By: Print Name: Print Name: Suzette Cooke Title: Title: Mayor Date: Date: APPROVED AS TO FORM: i t By: City of Kent Law Department ATTEST: By: Brenda Jacober, City Clerk P\C1v11\FIIa9\0pe0 Fll.\1215-PubllaDefenSeServl.\Stewart"nllApreement-Amendment4 d" AMENDMENT NO. 4 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 3 OF 4 i ' Kent City Council Meeting Date August 3, 2010 Category Consent Calendar - 6H 1 1. SUB]ECT: KING COUNTY SUMMER WORK TRAINING GRANT AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the King County Summer Work Training Grant Agreement for $18,000, authorize the Mayor to sign all necessary documents, and approve the expenditure of funds in the Youth/Teen Budget. Kent Parks Youth and Teen Division has had a long standing partnership with the King County Summer Work Training Program. This summer's project will employ 14 youth from Kent Meridian High School who will work with youth/teen staff, a job coach, and a professional artist to produce one (1) large mural on the outside wall of Kent Meridian Pool and 4 - 5 small directional signs for the Kent Performing Arts Center. Project cost for job coach, professional artist, students and all supplies is $18,000. 3. EXHIBITS: Work Training Grant Agreement 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenues X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: King County Contract No D40237D Federal Taxpayer ID No. 91-1355875 Department/Division Community and Human Services/Work Training Program Agency City of Kent Project Title Stay to School Program Contract Amount$ 18,000 Fund Code 2240 Contract Period From: 07/01/2010 To 08/31/2010 KING COUNTY PUBLIC ENTITY SERVICES CONTRACT- 2010 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Kent (the "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 FEDERAL Federal Catalogue No. 17.259 $18,000 07/01/2010 - 08/31/2010 TOTAL $18,000 07/01/2010 - 08/31/2010 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No. 16717, ' 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. This form is available in alternate formats upon request for persons with disabilities. City of Kent Page 1 of 18 2010 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 ® Stay in School Program Attached hereto as Exhibit II 11. DURATION OF CONTRACT This Contract shall commence on the 1 st day of July 2010, and shall terminate on the 31 st day of August 2010, unless extended or terminated earlier, pursuant to the terms and conditions of this Contract III. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the terms and conditions found in this Contract and its attached Exhibits B. The Agency shall submit an invoice and all accompanying reports as specified in the attached Exhibit(s), including its final invoice and all outstanding reports The County shall initiate authorization for payment to the Agency not more than 30 days after a complete and accurate invoice and all outstanding reports are received and approved. C. If the Agency's final invoice and reports are not submitted by the day specified in the attached Exhibit(s), the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. IV. OPERATING BUDGET The Agency shall apply the funds received from the County under this Contract in accordance with the budget, if included within an Exhibit. The Agency shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories within an Exhibit is expected to exceed ten percent of the total Exhibit budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. V. 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. VI. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed i necessary by the County to ensure proper accounting for all Contract funds and i compliance with this Contract. B. 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. City of Kent Page 2 of 18 2010 Contract C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten working days of any such relocation. VII. AUDITS A. The Agency shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within 30 days of receipt. B. If additional federal and/or state audit or review requirements are imposed on the County during the term of this Contract, the Agency agrees this Contract may be amended to require that the Agency comply with any such additional audit requirements. Even if this Contract is not amended, the Agency agrees to comply with any such additional audit requirements. Vill. EVALUATIONS 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 Contract The County shall give advance notice to the Agency in the case of fiscal audits to be conducted by the County. B. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six years after termination hereof, unless a longer retention period is required by law. C. The Agency agrees to cooperate with the County or its agent in the evaluation of the 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. 1 IX. CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply jA. 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 following receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than 30 days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension to the number of days to complete the corrective actions, t 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; City of Kent Page 3 of 18 2010 Contract 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 XI.B, 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 XI. Subsections A, B, C, and D. X. 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 the County. Said consent shall be sought in writing by the Agency not less than 15 days prior to the date of any proposed assignment or subcontract. B. "Subcontract" shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of: (1) support services not related to the subject matter of this Contract; or(2) supplies. XI. 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 II, by providing the Agency 30 days advance written notice of the termination. 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; and/or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible If the Contract is terminated by the County pursuant to this Subsection XI.B.(1), the i Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. , If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall immediately return to the County any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in this Contract and its attached Exhibits, the County may, upon written notification to the Agency, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection, (1) the County shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Agency shall be released j from any obligation to provide such further services pursuant to the Contract as are affected by the termination City of Kent Page 4 of 18 2010 Contract Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract Should such appropnation not be approved, this Contract shall terminate at the close of the current appropriation year. D. This Contract may be terminated by the Agency without cause, prior to the date specified by providing the County 90 days advance written notice of the termination. The Agency shall provide the County 90 days advance written notice of its intent not to renew this Contract, in whole or in part. 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, and conditions set forth in this Contract are breached by the other party. rXII. 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. XIII. 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 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. B. The Agency further agrees that it is financially responsible for and shall 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 hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. 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 mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial City of Kent Page 5 of 18 2010 Contract Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency D. The County shall protect, defend, indemnify, and hold harmless the Agency, 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 sole negligent acts or omissions of the County, its officers, employees, or agents The County 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 County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F. To the extent that an Agency subcontractor fails to satisfy its obligation to defend and indemnify the County as detailed in Section XVII.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. G. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. H. The indemnification, protection, defense and hold harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. XIV. INSURANCE REQUIREMENTS A. By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Agency or subcontractor. The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein Failure by the Agency, its agents, employees, officers and or subcontractors, to comply with the insurance requirements stated herein shall constitute a material breach of this Contract, For All Coverages- Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a"claims made" basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an City of Kent Page 6 of 18 2010 Contract extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made" form to an "occurrence" coverage form. iBy requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(ies). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. B. Minimum Scope of Insurance Coverage shall be at least as broad as the following: 1. General Liability: Insurance Services Office form number(CG 00 01) covering COMMERCIAL GENERAL LIABILITY). 2. Professional Liability: Professional Liability, Errors, and Omissions coverage In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require professional standards of care. 3. Automobile Liability: rIn the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Agency personnel in Agency- owned vehicles or non-owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto'; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or"Other States" state law 5. Stop Gap/Employers Liability Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability)or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. City of Kent Page 7 of 18 2010 Contract C. Minimum Limits of Insurance The Agency shall maintain limits no less than, for: 1. General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit 2. Professional Liability, Errors, and Omissions: $1,000,000 per claim and in the aggregate. 3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Except if the transport of clients by Agency personnel is involved, then Risk Management will review the appropriate amount of coverage. 4. Workers' Compensation: Statutory requirements of the state of residency. 5. Stop Gap/Employers Liability. $1,000,000. D. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. E. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. Liability Policies Except Professional/Errors and Omissions and Workers Compensation a. The County, its officers, officials, employees and agents are to be covered ' as additional insureds as respects liability arising out of activities performed by or on behalf of the Agency in connection with this Contract. (CG 2010 11/85 or its' equivalent) b. The Agency's insurance coverage shall be primary insurance as respects ' the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its offices, officials, employees or agents shall not contribute with the Agency's insurance or benefit the Agency in any way C. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after 30 days prior written notice has been given to the County. City of Kent Page 8 of 18 2010 Contract F Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by the County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. G. Verification of Coverage The Agency shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time H. Subcontractors The Agency shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements 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 subject to all of the requirements stated herein. I. Municipal or State Agency Provisions If the Agency is a Municipal Corporation or an agency of the State of Washington and is self insured for any of the above insurance requirements, a certification of self- insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section XV. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment Provision of Services jDuring 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 disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. King County Codes Chapters 12.16 and 12 17 are incorporated herein by reference, and such requirements shall apply to this Contract. City of Kent Page 9 of 18 2010 Contract i 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, KCC 12.17, RCW Chapter 49 60, Titles VI and VI of the Civil Rights Act of 1964, 42 United States Code (USC) 2000(a) et seq., the Americans with Disabilities Act, 42 USC 12102 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. D. Small Business and Minority and Women Business Enterprise Opportunities The County encourages the Agency to utilize small businesses, including Minority- owned and Women-owned Business Enterprises ("M/WBEs") in County contracts. The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including M/WBEs. 1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities 2. Placing all qualified small businesses attempting to do business in King County, including M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to these firms capable of performing the work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations 3. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including M/WBEs. 4. Establishing delivery schedules, where the requirements of this Contract permit, that encourage participation by small businesses, including M/WBEs. 5. Providing small businesses, including MIWBEs that express interest with adequate and timely information about plans, specifications, and requirements of the Contract 6, Using the services of available community organizations, contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including M/WBEs City of Kent Page 10 of 18 2010 Contract 7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs Contact OMWBE office at 860-208-1064 or on-line through the web site at.http //www omwbe wa gov/. E. Fair Employment Practices 1 King County Code Chapters 12 16 and 12.18 are 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. F. Record-Keeping Requirements and Site Visits The Agency shall maintain, for at least six years after completion of all work under this Contract, the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the 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. The Agency shall provide every assistance requested by the County during such visits. In all other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request If this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. IG. 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, withholding payment and any other sanctions provided for by the Contract and by applicable law H. Reporting The Agency shall complete all reports and forms provided by the County and shall I otherwise cooperate fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. XVI. 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 American Disabilities Act, 42 USC 12102 et seq as amended The Agency has completed, attached as an exhibit to this Contract, and incorporated herein by reference a 504/ADA Assurance of Compliance City of Kent Page 11 of 18 2010 Contract 1 XVII. SUBCONTRACTS AND PURCHASES A. The Agency shall include the above Sections IV, V, VI, VII, Vill, XII, XIII, XIV, XV, and XVI, in every subcontract or purchase agreement for services which relate to the subject matter of this 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." 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. XVIII, 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 XI and subject the Agency to the remedies stated therein, or otherwise available to the County at law or in equity. 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 Contract any time during the term of the Contract. City of Kent Page 12 of 18 2010 Contract k' XIX. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XX. EQUIPMENT PURCHASE MAINTENANCE, AND OWNERSHIP A. The Agency agrees that equipment purchased with Contract funds at a cost of$5,000 per item or more and identified in an exhibit as reimbursable is upon its purchase or I 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. D. The Agency shall admit County staff to the Agency's premises for the purpose of marking such property with appropriate government property tags. 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. XXI. NOTICES Whenever this Contract requires that notice be provided by one party to another, such notice 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 XXIL PROPRIETARY RIGHTS jThe parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County The County agrees to and does hereby grant to the Agency, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency that are not ! modified for use in the performance of this Contract. City of Kent Page 13 of 18 2010 Contract i XXIII. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency shall use recycled paper for the production of all printed and photocopied 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 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 in the fulfillment of this Contract XXV. ENTIRE CONTRACTIWAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXVI. 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 XXVII. CONFIDENTIALITY The Agency agrees that all information, records, and data collected in connection with thi^ Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. XXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) 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. City of Kent Page 14 of 18 2010 Contract i A. Obligations and Activities of the Agency 1, The Agency agrees not to use or disclose protected health information other than as permitted or required by this Contract, HIPAA and the Health Information Technology for Economic and Clinical Health Act (HITECH). The Agency shall use and disclose protected health information only if such use or disclosure, respectively, is in compliance with each applicable requirement of 45 CFR § 164.504(e). The Agency is directly responsible for full compliance with the privacy provisions of HIPAA and HITECH that apply to business associates. 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, I maintains, or transmits on behalf of the County as required by 45 CFR, Part 164, Subpart C The Agency is directly responsible for compliance with the security provisions of HIPAA and HITECH that apply to business associates, including sections 164.308, 164.310, 164 312, and 164 316 of title 45 CFR. 3. Within two (2) business days of the discovery of a breach as defined at 45 CFR § 164.402 the Agency shall notify the County of any breach of unsecured protected health information. The notification shall include the identification of each individual whose unsecured protected health information has been, or is reasonably believed by the Agency to have been, accessed, acquired, or disclosed during such breach, a brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known; a description of the types of unsecured protected health information that were involved in the breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); any steps individuals should take to protect themselves from potential harm resulting from the breach; a brief description of what the Agency is doing to investigate the breach, to mitigate harm to individuals, and to protect against any further breaches; the contact procedures of the Agency for individuals to ask questions or learn additional information, which shall include a toll free number, an e-mail address, Web site, or postal address, and any other information required to be provided to the individual by the County pursuant to 45 CFR § 164.404, as amended A breach'shall be treated as discovered in accordance with the terms of 45 CFR§ 164 410 The information shall be updated promptly and provided to the County as requested by the + County. 4. 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 or the law. 5. 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 knowledge of such event. 6. 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 15 of 18 2010 Contract 7. The Agency agrees to make available protected health information in accordance with 45 CFR § 164.524. 8. The Agency agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.526 9. The Agency agrees to make internal practices, books, and records, including Z 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 Secretary, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with HIPAA, HITECH or this Contract 10. The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR §164.528. Should an individual make a request to the County for an accounting of disclosures of his or her protected health information pursuant to 45 CFR § 164.528, Agency agrees to promptly provide an accounting, as specified under 42 U.S C. § 17935(c)(1) and 45 CFR §164.528, of disclosures of protected health information that have been made by the Agency acting on behalf of the County. The accounting shall be provided by the Agency to the County or to the individual, as directed by the County. 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 HIPAA if done by King County or the minimum necessary policies and procedures of King County C. Effect of Termination 1. Except as provided in paragraph C.2. of this Section, upon termination of this Contract, for any reason, the Agency shall return or destroy all protected health information received from the County, or created or received by the Agency on behalf 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 information is infeasible, the Agency shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information D. Reimbursement for Costs Incurred Due to Breach Agency shall reimburse the County, without limitation, for all costs of investigation, dispute resolution, notification of individuals, the media, and the government, and expenses incurred in responding to any audits or other investigation relating to or arising out of a breach of unsecured protected health information by the Agency. City of Kent Page 16 of 18 2010 Contract r XXIX. EMERGENCY RESPONSE A. The Agency shall prepare and submit within six months of the execution of the Contract the necessary plans, procedures and protocols to• 1. Respond to and recover from a natural disaster or major disruption to agency r operations such as a work stoppage; and 2. Continue operations during a prolonged event such as a pandemic. B. The Agency shall conduct exercises or drills to test the effectiveness of its plans at least once a year and document the results of the exercise or drill. C. The Agency shall prepare the plans in a format approved by the County. The explanation of the format will include the specific content of the Agency's plans The County will specify areas that must be addressed in the Agency's plan. D. The County may waive the requirements in subsections A, B or C upon written request by the Agency identifying compelling reasons why such requirements should not apply. XXX. 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 I 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. i 1. Circumstances associated with the breach; 2. Actions taken by the Agency to respond to the breach ; and 3. Steps the Agency shall take to prevent a similar occurrence. This 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 must be 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). City of Kent Page 17 of 18 2010 Contract 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. G For purpose of this section, "personal information" means the same as defined in RCW 42.56.590: 1. An indivldual'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 2. Account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account KING COUNTY CITY OF KENT FOR King County Executive Signature Date Name (Please type or print) Date Approved by DCHS Director Approved as to Form. OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY November 9, 2009 City of Kent Page 18 of 18 2010 Contract EXHIBIT II CITY OF KENT PARKS AND RECREATION EARN AND LEARN PROJECT I. WORK STATEMENT The Agency shall provide integrated work experience services to Work Training Program I ` (WTP) participants in accordance with the terms and conditions described hereinafter The total reimbursement pursuant to this Exhibit shall not exceed $18,000 in federal funds, Catalog of Federal Domestic Assistance (CFDA)# 17 259, for the Exhibit period of July 1, 2010 through August 31, 2010. 11. PROGRAM DESCRIPTION A. Outcome Provide job readiness, education and employment services to help vulnerable youth and adults increase Independence and self-sufficiency and lead more meaningful and productive lives by increasing program participants' skills to allow them to be successful at work and help prepare them to find and retain employment. B. Indicators rThe number of project participants that increase their understanding and awareness of the skills necessary to succeed in the work place as indicated by the Learning and Employability Profile. C. Eligibility Youth are eligible for this service under this Exhibit if they are enrolled in the King County Work Training Program's Stay in School Program, D. Definitions 1. Learning and Employability Profile (LEP): a competency based tool for pre and post testing of employability skills. 2. Work Experience: closely supervised work In an occupational area with an end-result (e.g. restored stream) and including training on employability skills such as good attendance, interpersonal communication, teamwork and others. E. Program Requirements 1. The Agency shall serve up to 16 participants recruited by WTP. Changes in participant levels may occur with prior approval from WTP. 2. The Agency shall hire a supervisor/job coach to work with youth during the mutually agreed upon project period. tCity of Kent Page 1 of 3 2010 Contract Exh 11 1 3. The supervisor/job coach shall provide job readiness training to the participants for approximately eight hours per week. 4. During job readiness training, participants shall complete a fob readiness portfolio and submit the portfolio to Work Training staff. 5. 75 percent of the students shall increase scores on the Learning and Employability Profile by the end of the project period. 6. The Agency shall hire a teaching artist to work with the students to design and paint a mural in the City of Kent, 7. The Agency shall coordinate with WTP regarding project planning and implementation, project staff hiring, recruitment, selection, and assessment of participants and participant counseling and support. The Agency shall meet with WTP staff as requested to coordinate these issues. 8. The Agency shall work with WTP to complete required documentation in a format approved by King County, including, but not limited to, Timesheets and Learning and Employability Forms 9. If transportation costs are to be reimbursed, the Agency agrees to provide WTP with a transportation log, gas and other maintenance receipts and other documentation as requested. The Agency shall comply with all local, state and federal regulations regarding the safe transportation of minors. III. COMPENSATION AND METHOD PAYMENT ' A. Billing Invoice Package The Agency shall submit a Billing Invoice Package one time 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. B. Method of Payment 1. Reimbursement shall be made one time at completion of program in accordance with the following- a. Up to $3,500 for the job coach/supervisor; b. Up to $9,500 for the artist salary and supplies, c. Up to $1,000 for transportation; d. Up to $3,000 for mural installation; and e. Up to $1,000 for recreational activities and miscellaneous supplies. 2. To receive payment, the Agency shall submit an invoice, expenditure detail report and appropriate back-up documentation no later than October 15, 2010. City of Kent Page 2 of 3 2010 Contract Exh It 1 3. The Agency shall not invoice and charge the County for Incurred costs which are also specifically paid for by another source of funds. 4. If the total services provided are below 90 percent of the service requirements as stated in II E. 3 at the end of the project, payment for services rendered shall be reduced by the percentage for the total performance below the 90 percent level. ' 5. If the Agency fails to submit any of the reporting requirements as stated in Section IV, REPORTING REQUIREMENTS, the invoice shall not be paid until the Agency submits all required paperwork. 6. The invoice and expenditure detail report should be submitted to: King County Work Training Program, 401 Fifth Avenue, Suite 510, Seattle, WA 98104, ATTN. Jennifer Hill, Program Manager. IV. REPORTING AND EVALUATION REQUIREMENTS A. The Agency staff shall meet with a designated WTP Program Manager or Social Worker to discuss and evaluate Exhibit requirements. tB The Learning and Employability Profiles for each participant and any other required documentation shall be prepared and submitted by October 15, 2010 to, King County Work Training Program, 401 Fifth Avenue, Suite 510, Seattle, WA 98104, ATTN: Jennifer Hill, Program Manager ' C. Meetings shall be scheduled as necessary to discuss and resolve any significant variations from the Exhibit plan. D. If the Agency is required to submit an audit to meet federal guidelines per Section VII A of the boilerplate, It should be submitted to the address listed in item IV B. above. t 1 r City of Kent Page 3 of 3 2010 Contract Exh 11 ' Kent City Council Meeting Date August 3, 2010 Category Consent Calendar - 6I 1. SUB3ECT: 2010 4CULTURE KING COUNTY PERFORMANCE NETWORK GRANT - AUTHORIZE 2. SUMMARY STATEMENT: Accept the $6,270 grant from 4Culture to support 2010 site specific performances, authorize the Parks Director to sign all necessary documents, and approve the expenditure of funds in the Kent Arts Commission budget. 1 4Culture awarded the Kent Arts Commission $6,270 in King County Performance Network funding. The funding supported 2010 site specific performances by Acorn Dance and Khambatta Dance Company and also supported an installation ' by artist Mandy Greer. Acorn Dance's performance and Mandy Greer's installation were featured at an Earth Day celebration at Mill Creek Canyon Earthworks Park in April. Khambatta Dance created and performed a dance piece specifically for the dedication of our newest public art installation - Elizabeth Connor's "Sweet Suite for Downtown Kent" - at Town Square Plaza on June 5. 3. EXHIBITS: 4Culture Grant Agreement 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenues X ICurrently in the Budget? Yes — No X 6. CITY COUNCIL ACTION: jCouncilmember moves, Councilmember seconds i DISCUSSION: ACTION: i . iAgreement No. 110025A Contractor's Federal Taxpayer ID No. (last 4 digits) Contractor City of Kent Arts Commission Project Title: 2010 Site Specific King County Performance Network Contract Amount: $6,270.00 Fund Source: CID - KC Performance Network ' Contract Period From: 01/01/2010 To: 12/30/2010 iAGENCY SERVICES CONTRACT 2009 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4Culture"), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 and telephone number is (206) 296-7580 and City of Kent Arts Commission (the "Contractor"), whose address is 220 4"' ' Ave S, Kent, WA 98032 and telephone number is (253) 856-5055. Contractor is an art, cultural or historical organization or specialist qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Motion No. 2010-06 4Culture desires to provide funds with which the Contractor shall render certain services to King County ' citizens Such services are for the benefit of art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistant with those defined in RCW 67 28.180 ("Public Benefit Services"). 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et seg. RCW 35.21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of isuch public corporation, commission, or authority" The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse i Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. 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: AG SVC 2010 Page 1 of 7 i. SCOPE OF SERMES A. The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference. ® Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A ® Project Proposal and Budget Attached hereto as Exhibit B ® Insurance Requirements Attached hereto as Exhibit C ❑ Personnel Inventory (K C.0 12.16.060A)( In combination with Attached hereto as Exhibit D ' other agreements, in excess of$25,000 in a calendar ear ❑ Affidavit and Certificate of Compliance (K.C.0 12.16 060B) Attached hereto as Exhibit E for Agreements in excess of$25,000 ' ❑ Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F 12.16.060D) [ORGANIZATIONS ONLY B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Protect Proposal and , Budget and/or the Specific Scope of Services attached. Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing by 4Culture. The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services shall hereinafter be referred to as the"Project' C In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that may be specified in the Specific Scope of Services attached. D. Contractor agrees to acknowledge 4Culture support with inclusion of the approved 4Culture logo in all marketing and promotional materials during the period this contract is in force: J Approved logos are available for download in a variety of formats at CULTURE http://www.4culture.org/partner/logos KIND COUNTY LOD01%O TAX 1 E. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. II. DURATION OF CONTRACT This Agreement shall commence on January 1, 2010 and shall terminate on December 30, 2010. This Agreement, however, may be terminated earlier as provided in Section IV hereof III. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed $6,270 00. AG SVC 2010 Page 2 of 7 B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract. C Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule. 4Culture will initiate authorization for payment after approval of corrected invoices and reports 4Culture shall make payment to the Agency not more than 60 days after the appropriate invoice is received. D Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates If the Agency's final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice E. Accompanying the final invoice for the project, the Contractor shall also submit: 1. A project evaluation report upon the form provided by 4Culture. ' 2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs Photos shall have credits, caption information, and permission to publish. F. If the Contractor fails to comply with any terms or conditions of this contractor to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in Iequity. IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining ' allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement 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 Agreement. B These records shall be maintained for a period of six (6)years after termination of this Agreement unless a longer retention period is required by law. AG SVC 07 Page 3 of 7 VI. AUDITS AND EVALUATIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to , 4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to be conducted by 4Culture. ' C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). VII. PROPRIETARY RIGHTS t If any patentable or copyrightable material or article should result from the Project, all rights accruing ' from such material or article shall be the sole property of Contractor. Contractor agrees to and does hereby grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance of this Agreement. Vill. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as , expressly set forth in this Agreement. IX. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement Neither the , Contractor nor its officers, agents or employees are employees of 4Culture for any purpose The Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and 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 The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. To the extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor AG SVC 07 Page 4 of 7 B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture 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 acts or omissions of the Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole negligence If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection ' with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4.24 225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. in the event 4Culture incurs any judgment, award and/or cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright. X. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described ' on the Exhibit labeled as Insurance Requirements attached here to. XI. CONFLICT OF INTEREST Chapter 42 23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any ' other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. AG SVC 07 Page 5 of 7 XII. NONDISCRIMINATION ' During the performance of this Agreement, Contractor shall comply with state, federal and local , legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to. Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law against discrimination); K C.0 chapter 12.16 regarding discrimination and affirmative action in employment , by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting, K C C chapter 12.18 requiring fair employment practices; K.0 C. chapter and 12.22 prohibiting discrimination in places of public accommodation. The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement. The Contractor shall make such documents available to 4Culture for >� inspection and copying upon request. XIII. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of ' 4C.ulture at the addresses first written above. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIV. GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto Proposed changes which are mutually agreed upon shall be incorporated by written ' amendments to this Agreement 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application To this end, the terms and conditions of this Agreement ' are declared severable. The parties agree that this Agreement 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 Agreement. , XV. ATTORNEYS' FEES; EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attorneys'fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Contractor also shall pay all court costs and such additional fees as may be directed by the court. AG SVC 07 Page 6 of 7 XVI. SURVIVAL The terms and conditions of Sections III, V, VI, VII,VIII, IX, XI, XII, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties 4CULTURE: CONTRACTOR: 4Culture-CDA Executive Director Signature Date Name (Please type or print) Title (Please type or print) Date AG SVC 07 Page 7 of 7 EXHIBIT A SCOPE OF SERVICE The City of Kent Arts Commission and 4Culture mutually agree that the following services be provided ' in accordance with the proposal request submitted to and approved by 4Culture. Partial support for the presentation of three new artistic works for the 2010 Site Specific King County Performance Network. The Kent Arts Commission will sponsor the development and public presentations of three new site specific works by Mandy Greer,Kambatta Dance Company(formerly known as Pffftl Dance Theatre Company),and Acorn Dance.-This contract will support the development of the works,purchase of materials,promotion and public presentation. AMOUNT: $6270 Payable upon public presentation,submission of invoice and documentation regarding: • Public Presentation • Promotion and Outreach Efforts PUBLIC BENEFIT ' Performances will be free, open,accessible,and publicized to the community. , PUBLICITY/PROMOTION POLICY Prominent acknowledgment of 4Culture Site Specific Performance Network is required of all recipients for use in all publicity and promotional materials, including,but not limited to brochures,press releases, programs,posters,public service announcements,flyers and advertisements. The artist agrees to provide , the following credit for all 2010 performances of this project. Please contact your contract administrator for an electronic file of this logo for publication purposes. I CULTURE SITE-SPECIFIC r i 1 IGreer, Mandy — 28 14 EXHIBIT B FULTURE INO COUNTY LDOOINO TAX 1 2010 Site-Specific King County Performance Network Application i4Culture 206 296.7580 101 Prefontaine Place South, Seattle,WA 98104 TTY 711 wwwAculture org Ladline: Applications must be received in the office by 4:30 p.m.on ober 19, 2009 Monday, October 19,2009 or postmarked by October 19,2009. INSTRUCTIONS Read the King County Performance Network guidelines before filling out this form. • Submit one original of the application and artist work history.DO NOT STAPLE. • Submit one set of required work sample and optional support materials. 1� Applicant Artist/ Ensemble/Organization Name: Mandy Greer Contact Name: Mr. ❑ Ms. x0 Title: lead artist First Name. Mandy Last Name: Greer Address:5264 39111 Ave. S City:Seattle Zip:9811 a ' Area Code:206-250-0060 Phone: a-mall- greermandy@gmail com Area Code: Fax: http:/l mandygreer wordpress cam County Council District Number:2 THIS IS REQUIRED INFORMATION Call King Co.Records and Elections at(206)296-1581 to verify your Council District or visit htto./lwww metrokc aovhrkccldistmao htm roject Concept(s) Please attach one to three ideas or concepts for a site-specific performance or exhibition; Please include a one-page description and a preliminary expense budget for each concept. Additional information such as technical requirements, site availability, and a final project budget will be developed after the review and selection by the sponsoring agencies. For the purpose of this application, please just describe your idea(s) and estimated expenses. Project Requirements: if your proposal has special requirements (which might include technical needs,venue restrictions, or the need and/or desire to be paired with a specific community, please explain within your attached one-page project concept.) ' Application Checklist: 6- Signed application page ed 1 to 3 pages concept narrative(s) and preliminary budget(s) (one project per page) of Artist Work History (1 page); Include your work in the proposed discipline as well as a 1 concise history of collaborative and site-specific projects if applicable. Work Sample. A high quality work sample of the artistiorganization's work is strongly encouraged. Work samples may be submitted in a variety of standard formats. d Work Sample Description. Please include a separate page detailing title,date, description, participating artists, and applicant role in selected sample(s). Z'�Support M enals, to include articles, reviews, sample publicity materials, etc. Oct 18,2009 Applicant Signature: Signature: Date: I am applying to bring my project"hater Matrix Mother and Medium"to other communities in King County. "Mater Matrix Mother and Medium" is process-based temporary public art project. It combines community action, site-embedded installation and a performance produced in collaboration between myself-- an installation artist, dancer Zoe Scofield and composer Morgan Henderson, which debuted Summer 2009 at Camp Long in Seattle, Wa. This project began with the creation of a 200+foot fiber river, created in part through a series of over 35 community events I held all over Seattle during the spring of 2009. I taught anyone willing to learn how to crochet, with some contributing a few minutes of chain stitch and others sticking with me for a few hours. I then took the fiber "pools" into the forest of Camp Long, and urban park in Seattle, and spent the next six weeks on a ladder crocheting and integrating the river into the trees. The River is made up of thousands upon thousands of tiny moments and movements of individual citizens, integrated and interwoven into the natural environment. With the performance, held on July 16,the River enveloped Zoe Scofield in an exploration of how we ourselves are both literal and metaphoric manifestations of the living essence of water. Our experience of ' water is both one of intimacy and also of civic structure. I was then invited by The Dalton Gallery at Agnes Scott College in Atlanta Ga. to reinstall the Fiber River and create community crochet events in October 2009, sparking my desire to bring this ever-evolving project to other communities around the country. Originally commissioned using Seattle Public Utilities 1% for Art Funds, water and the communities created around the need for fresh water are issues that effect and inspire ' people in every community. The River was taken down in Seattle, cut apart in 10 foot sections, then reconstructed in the trees on the College campus, altering and re- invisioning the form. Like water,the form of the installation is influenced by the ' landscape it engages with. Scraps were saved from de-installing and recycled into more pools created at the community event in Atlanta. As the installation travels to other communities, it carries the previous communities with it as it grows, some parts degrade ' and others are renewed as the individual hand-work of citizens flows together. The community crochet events can be held at libraries,parks, community centers and festivals. I have engaged with all ages, from 4 year olds at a pre-school,to women at transitional housing, to visitors at the Seattle Art Museum. The ease and familiarity of crocheting invites those unfamiliar with making things to those deeply engaged with art, breaking down barriers between people, and creating an ease in conversation between , strangers. This artwork is a unique blend of community engagement and personal inquiry, of site-embedded installation and performance. It embodies the ancient human practice of acknowledging our own physicality rooted in the cycles of water and how this ' forms the very foundation of human community. Water, both mundane and miraculous, mirrors the everyday meeting of strangers and the tiny moments that begin to bond us together. This project is extremely flexible based on the needs of the sponsor. It can happen without the performance, as it did in Atlanta. There can be one or many community crochet events in the community. It can be situated in a very wooded area, as in Seattle, , or more groomed and urban as the ASC campus. Mandy Greer, public/multidisciplinary work history PUBLIC ART: *"Mater Matrix Mother and Medium", process-based temporary public art project; community action, site- embedded installation and performance produced with dancer Zoe Scofield and composer Morgan Henderson, Camp Long, Seattle, commissioned by Seattle Office of Arts and Cultural Affairs; 2009 - "Mater Matrix Mother and Medium" Fiber River and community crochet action at the Agnes Scott College ' campus, Atlanta, Ga. as part of"Still Water' at the Dalton Gallery; 2009 *Washington State Arts Commission Public Artist Roster; 2008-2010 *"Library Unbound",_permanent sculptural installation for Children's Center of the Rem Koolhaas-designed Seattle Central Public Library, commissioned by Seattle Office of Arts and Cultural Affairs; 2005 - 2006 ' MULTI-DISCIPLINARY/PERFORMANCE WORK' 2009 ' "Sonic Tales", collaboration with Butoh artist Haruko Nishimura/Degenerate Art Ensemble on"Yokai-sh White Fox" character, premier at The Moore Theatre, Seattle (Oct. 2009), art direction/styling for Sonic Tales posters 2008 "The Silvering Path", film/animation/live performance, collaboration with Butch artist Haruko Nishimura and filmmaker Ian Lee Lucero, premier at Free Sheep Foundation, Seattle 2007 "A Tale of Two Cities". Commissioned to create knitted/crochet/braided 'blood, wine, Mm. DeFarge's knitted register'and special costume design, Book-It Repertory Theatre, Seattle, 2003 Fashion is Human Nature" performance piece, part of THREAD s Fashion Is Art Bumbershoot exhibition, performance and publication ' SOLO EXHIBITIONS: 2010 "Honey Matrix Mother and Medium" - Ohge Ltd. Gallery, Seattle, Wa. (upcoming) Honey and Lightening - Roq La Rue Gallery, Seattle, Wa. (upcoming) Funded by 4Culture Grant 2009 ' Dare alla Luce" - Museum of Contemporary Craft, Portland, Or. 2008 "Dare alla Luce"-The Bellevue Arts Museum, Bellevue Wa Funded by 4Culture Grant&Artist Trust GAP Grant 2007 ' "Parlor" -McLeod Residence Gallery, Seattle, Wa. 2006 "Small But Mighty Wandering Pear!" - Center On Contemporary Art, Seattle, Wa. Funded by City Artists & 4Culture Grant ' 2004 "The Wolf Prince and Parrot Princess"- Priceless Works Gallery, Seattle, Wa. Funded by 4Culture Grant 2003 "Sunshine and Shadow" - 4Culture Gallery, Seattle, Wa. 2000 Venus, Cupid, Folly and Time - SOIL Gallery, Seattle, Wa. 1999 "Repossession" - CMA Galleryr University of Washington, Seattle, Wa. SELECTED AWARDS: *nominated for Louis Comfort Tiffany Foundation Award; 2009 (pending until Dec. 2009) *4 Culture Special Projects Grant, Seattle; 2003, 2006, 2007, 2009 *Artist Trust GAP Grant (Wa.); 2008 *City Artists Grant, Seattle Mayor's Office of Arts and Cultural Affairs; 2006 ' *Artist Trust/ Washington Arts Commission Fellowship; 2004 i; Greer, Mandy — 28 i Preliminary Budget: -Artist fees: -Installation, 50 hours/2 artists (Mandy Greer and Paul Margolis): $2500 -Performance (45 minute)/rehearsals, one time, Zoe Scofield, dancer and Morgan ' Henderson, musician: $750 each -Community crochet workshops, 4 hours/$80 each(1 or more events) -Materials (yams/fabrics) for re-installation ropes and community crochet workshops: r $200 -travel expenses for 6 day install: $150 , Total with Performance: $4430 Total without Performance: $2930 , i Work Sample: -Please visit htti)://viineo.com/6900580 to see a 2:35 minute promo of the Mlv24M installation and performance at Camp Long -Images of NOAM I Community Events, Installation,Performance and Agnes Scott , Installation/Community events can be seen at htt-p://matermatrixmother.wordi3ress.com/ima2es/. Click on each subject to see a slide show of images. -Images of my previous relevant work can be seen at ' http•//mandyizreer.wordi3ress.com/portfolio/, under the heading of Multidisciphnary/Performance work i Phffft! - 68 4 CULTURE KIND COUNn LDDDINDiUK 2010 Site-Specific King County Performance Network Application 4Culture 206 296.7580 101 Prefontaine Place South, Seattle,WA 98104 TTy 711 www.4cuiture org Deadline: Applications must be received in the office by 4:30 p.m on October 19, 2009 Monday, October 1% 2009 or postmarked by October 19,2009. INSTRUCTIONS • Read the 1Qrg CouotyPenbrmanceAlehvorkguidelines before filling out this form. Submitartist one original ofthe application and work history. DO NOT STAPLE. • Submit one set of required work sample and optional support materials. 1. Applicant Artistl Ensemble/Organization Name, The Phffftl Dance Theatre Company Contact Name:Mr.®Ms.❑ Title: Artistic Director/Pres. First Name: Cyrus Last Name: Khambatta Address: 5609 34th Ave SW City: Seattle Zip: 98126 Area Code: 206 Phone: 935-0459 e-mail: cyrus@PHFFFT.org Area Code: Fax: http:// `, ww PHFFFT.org County Council District Number: 10 THIS IS RSGUIREO INFORMATION Call King Co.Records and Elections at(206)2964621 to verity your Council District orvis(thttoJAwwwmetmkcawtrnkoddistmeohim 2. Project Concept(s) Please attach one to three ideas or concepts for a site-specific performance or exhibition; Please include a on"age description and a preliminary expense budget for each concept. Additional information such as technical requirements, site availability, and a final project budget will be developed after the review and selection by the sponsoring agendas. For the purpose of this application,please just describe your 7 Idea(s)and estimated expenses. 3. Project Requirements: If your proposal has special requirements(which might include technical needs,venue restrictions, or the need and/or desire to be paired with a specific community, please explain within your attached onepage project concept.) 4.Application Checklist: fs>✓''Signed application page W"I to 3 pages concept narratives)and preliminary budget(s)(one project per page) t�Artist Work History(1 page); Include your work in the proposed discipline as well as a concise history cf collaborative and site-specific projects if applicable. Work Sample. A high quality work sample of the artist/organization's work Is strongly encouraged. Work samples bmitted in a variety of standard formats. F'Work Sample Descriptiofr.'Plea in de a separate page detailing title,date, description,participat�iryg'ar` aees, pplicant role in selected sample(s). �Su ort Materials,, ind a ' reviews, sample publicitymaterials,etc. t 5.Applicant Signature: Signature: ` f _ Date: October 19,2009 r Phffft! - 68 CYRUS KHAMBATTA ' 5609 34`h Ave SW Seattle,WA 98126 (206)935-0459/Cyrus@PBFFFP.org EDUCATION 1989 New York University,BFA-Tisch School of the Arts , -Dance Training: Wendell Beavers,Sally Silvers,Mary Overlie,Paul Langland Honors•Paulette Goddard Scholarship&Trustee Scholar SITE-SPECIFIC RELATED EXPERIENCE, , Cyrus Khanibatta has created and presented numerous site-specific performance works in the U S and abroad since ' 1990.Highlights include: 1) at Part Guell,Antonioni Gaudi's famous park in Barcelona,Spam as well as many other parks. 2) in the outdoor sculpture garden of The Museum of Latin America in Washington,D.C.using a mosaic wall. 3) in a mall in Cleveland,Olio for the Cleveland Performance Art Festival. 4) at the Corcoran Museum of Art in Wash.D C.including paintings by Degas and other valuable and delicate ' sculptures(none were damaged). 5) in a horse corral at the Limburg festival in Holland 6) at the Ranier Brewery,an antiquated and dilapidated building in Georgetown.WA. ' 7) Maay other sites with challenging,delicate,and potentially dangerous conditions. SELECTION OF PRESENTED WORK (Items boxed are site-specific or collaborative or both) , 2009 Beyond the Threshold Festival,Seattle,WA—organized large-scale performance event also creating site-specific work for the festival.Included collaborating with over 75 artists from India,France, Finland and Seattle. ' 2008 Kent Station Mall,Kent,WA—conceived and created stealth dance piece for city of Kent with over 25"undercover"dancers springing to life before shopper's eyes through an innovative use of the Mall's overhead speaker.Piece was extremely collaboratively created ' Crossroads Water Park,Bellevue,WA—designed an integrated dance piece working with project manager,coinciding with the opening of the water park Commissioned by the city of Bellevue. 2007 Art in Nature Festival,Seattle,WA—presented site-specific performance Take It As It Comes on the stone climbing rock Artopia,Georgetown,WA—presented an untitled site specific structured improvisation at old Ranier Brewery. ' 2006 Spectrum Dance Theatre,Seattle,WA—Commission.Pendulum Cornish University Theater Dept.,Seattle—Commission:Swan Lake Remit ' Ten Tiny Dances/IBA Festival,Portland,OR—Pendulum adapted for 4 x 4 box Tour University,Tours,France—Pathology, Talk Circle ' UMPQUA Modem Dance Festival,Roseburg,OR—Modern Barbarism, Talk Circle Seattle Festival of Alternative Dance and Improvisation,Seattle—Take It as It Comes Cmprov.) 2005 Beaux Arts Museum Nantes,France—Create collaborative site specific work with over 40 students of , dance at this prestigious museum amongst I St"-16a'century paintings Western Washington University Performing Arts Center,Bellingham,WA—Caucasian Talk Circle presented at Northwest Best Dance Festival. ArtsWest West Seattle New Dance Festival,Seattle,WA—Caucasian Talk Circle presented Art in Nature Festival,Seattle,WA—presented two new site-specific works Earthbound and Six Easy Steps at festival. Ving at Western Washington University,Bellingham,WA—presented new improvisational work Cormpted Logic. The Phffftl Dance Theatre Company � Site Specific Application 2010 ' Concept Descriptions: Page 1 First of three concepts: ' Emergence, a piece using as a metaphor the properties of water to reflect the diversity of the internal human landscape. From serene lakes to the violently crashing action of a tidal wave, ' this material, one of the most abundant on earth, has within its reach contrasting powers to heal and to disrupt. It is said that at birth the human body is made up of 78%water and an adult as much as 60%, thus we are ruled in a sense by the overwhelming presence of the substance, a substance on which every living thing on the planet is reliant for survival As the title suggests, the piece I am proposing would be presented in any still body of water(or bodies of water) large enough to contain and cover a human body. At the beginning of the piece, a hundred floating ' petals of roses (or bamboo leaves or similar natural material) are floating, symbolizing the delicate nature in which all living things depend on water. The dancers, submerged in the water and lying flat(breathing through bamboo straws—note this is safe because the dancers can simply stand up at any time—the water will not be deep) are obscured by the serene sheen of the surface to passersby. As the piece begins, the dancers "emerge"from the water, sometimes slowly, sometimes quickly, with the petals/bamboo leaves dotting their bodies as they rise. The dancers bodies are ' covered in flowing, layered outfits that when submerged float below the surface like jellyfish, and when emerging resemble an organic marine-like shape ascending from the ocean The ensuing dance becomes more active, sometimes mirroring the undulating action of the ocean, sometimes the crashing tumult of a storm, before calming down and disappearing back into the water, from where it came. Ideally, the body of water would be a fountain, reflecting pool or other park-like water feature ' that is often a focal point of parks. (continued on next page) Phffft! - 68 1 The Phffftl Dance Theatre Company Site Specific Application 2010 ' Concept Descriptions: Page 2 Second of three concepts: , Mass Movement was presented last year as part of site-specific in Kent Station Mall. It was quite a hit and I would like to propose it again for any other location that may be interested in ' the project. Since the framework is basically laid from last years presentation, the work can be presented more inexpensively or can be modified to incorporate specific information to the venue to be used over the loud speaker, such as advertisements for a local company, ' an event opening, or special event. Mass Movement could take place in any suburban commercial location where populations tend to gather.This includes any tourist, shopping or other venue such as a mail, train or bus station, regional airport, or elsewhere in which an overhead loudspeaker system is in use to communicate with groups. A prerequisite for this project, and also a unique defining feature, is the use of an ' overhead loudspeaker system, the type in use to communicate about misplaced a friends or personal belonging because of the crowd or largess of the venue. Initially conceived in partnership with Seattle Centers Center House building, the project , would envelope and engage the audience in a conceptual performance experience in which they could participate at their level of comfort. The project plays on the unconscious disregard of , the loudspeaker systems in these venues. The project would create a twist on the constant drone of background announcements that rarely anyone listens to unless the situation warrants. For the project, the announcements would begin as usual, "would Mr. Johnson please ' come to the lost and found." Progressively, the announcements would become more unusual, "Would Mr. Johnson, please check behind himself, you never know who you might see."Then the announcements would enter into the dancer and audience participation phase. , Announcements such as, "Would all those wearing blue tennis shoes, please carefully take a moment to take two steps to the right," and "Would everyone in the building please raise your right arm for five seconds."Some of these instructions would be repeated more than once. ' In this phase, the dancers planted amongst the crowd or space,would begin to follow the instructions from the loudspeaker. After a number of instructions, the instructions would ask ' everyone with shirts bearing the words "public art"or some such appellation (which the dancers would have) to combine the previous movement instructions into a dance. Once the dance started, the announcement would then occasionally "assist"the dancers, by saying things such as "please follow the dancers to the north wall where you will see the integration of such an ' such architectural feature of this building,"and "please clap now," Qike the applause signs for audiences of SitComs. The verbiage used for the overhead speaker would be designed to recall language used ' through such systems and would be carefully created in tandem with the establishment where it would take place in order to integrate elements of the building or its activities that the , establishment would like to have advertised of displayed. For instance, if a venue wanted to bring attention to a water feature, a new entrance,wing or store, a dance in or around that feature would become the focus of the ultimate dance/dances. In this way, the art can serve a ' function, providing a unique form of advertising wrapped into the concept. The project would include using The Phffft! Company dancers supplemented by about 10-15 outside dancers and their groups with whom the company maintains relationships. ' Phffft! - 68 ' The Phffft Dance Theatre Company Proposal for Site Specific Projects 2010: Budgets Budget for Emergence ' INCOME: Earned Income Venue/Individuais $ 500 ' Unearned Income (4 Culture) $3700 =k, Total Income $4200 EXPENSES: ' Choreographer/Conceptual Fee Flat fee $1000 ' Dancers 6 dncrs. @ $10/hr. x 20 hrs. rehrse. $1200 6 dncrs. Performance fee @ $100/ea. $ 600 ' Costumes Costume Designer flat fee $ 500 @ $150/costume x 6 costumes $ 900 Total Expenses $4,200 Budget for Mass Movement ' INCOME: Earned Income—Venue/Individuals $2000 Unearned Income (4 Culture) $4000 Total Income $6,000 EXPENSES: Choreographer/Conceptual Fee ' Flat fee $1000 ! Dancers 1 20 dncrs. @ $10/hr. x 15 hrs. rehrse. $3000 20 dncrs. Performance fee @ $100/ea. $2000 Total Expenses $6,000 (continued on next page) I acornDance - 1 4 ' CULTURE NINE COUNT/LOOOI NO TAN -2010 Site-Specific King County Performance Network Application , 4Culture 206 296 7580 , 101 Prefontaine Place South, Seattle, WA 98104 .r Y 711 www.4culture.org )eadline: �' Applications must be received in the office by 4:30 p.m.on ' )ctober 19, 2009 Monday, October 19,2009 or postmarked by October 19,2009. 5TRUCTIONS • Read the King County Performance Network guidelines before filling out this form. • Submit one original of the application and artist work history DO NOT STAPLE. , • Submit one set of required work sample and optional support materials. Applicant Artist/Ensemble/Organization Name: acornDance ' Contact Name. Mr. ❑ Ms. x Title, Director First Name Aiko Last Name: Kinoshita Address 1237 166th Av SE City: Bellevue Zip: 98008 , Area Code: 425 Phone: 378-2568 e-mail: info@acorndance.org , Area Code: Fax: http,//http.1/www acorndance org County Council District Number:6 THIS IS REQUIRED INFORMATION Call King Co.Records and Elections at(206)296-1581 to verify your Council District orvisit htto'//www metrokc gov/mkcddistmao him Project Concept(s) Please attach one to three ideas or concepts for a site-specific performance or ' exhibition; Please include a one-page description and a preliminary expense budget for each concept. Additional information such as technical requirements, site availability, and a final project budget will be developed after the review and selection by the sponsoring agencies. For the purpose of this application, please just describe your idea(s) and estimated expenses. Project Requirements: If your proposal has special requirements(which might include technical needs, venue ' restrictions, or the need and/or desire to be paired with a specific community, please explain within your attached one-page project concept) Application Checklist: ❑ Signed application page ❑ 1 to 3 pages concept narrative(s) and preliminary budget(s) (one project per page) ❑ Artist Work History(1 page); Include your work in the proposed discipline as well as a concise history of collaborative and site-specific projects if applicable. ❑ Work Sample. A high quality work sample of the artist/organization's work is strongly encouraged Work samples may be submitted in a variety of standard formats ❑ Work Sample Description. Please include a separate page detailing title, date, ' description, participating artists, and applicant role in selected sample(s). ❑ Support Materials, to include articles, reviews, sample publicity materials, etc. Applicant Signature: Signature: r ✓ Date: �6 frg J Artist History- Aiko Kinoshita has been involved in contemporary dance for the last 20 years as a choreographer, performer, teacher, and arts administrator. Her choreography, which utilizes both set and improvisational material, has been presented nationally and in Canada, Korea and Japan and has received support from the Bossak-Heilbron j Charitable Foundation, 4Culture, City of Bellevue, City of Issaquah, and Allied Arts, among othets. Since moving to the Pacific Northwest in 1998, Aiko has danced with numerous regional choreographers, performed in her own work through her company, acornDance, and toured nationally and internationally as a member of Lingo Dancetheatre (2002-2007). Aiko currently collaborates with Aaron Swartzman as UMAMI Performance which was most recently presented at On the Boards as part of the Northwest New Works Festival . Aiko holds a MFA in Dance from the University of Illinois and teaches at Open Flight where she is a resident artist and at Velocity Dance Center where she was Managing Director until 2005. Aiko has been presenting site-specific performances through acornDance's SITE SERIES since 2007. Sites have included highway 202 in Fall City, in the International Fountain at the Seattle Center, throughout Crossroads Bellevue (shopping center), through the crowds at Issaquah Farmers' Market and in parks in both Seattle and Bellevue. These events have involved over 50 artists in the past three years and have received funding from 4Culture's Site Specific Performance Network, Bossak-Heilbron ' Charitable Foundation, city Arts Commissions and Parks Departments and individuals. Aiko is grateful to be able to play with the language of dance and all of its possibilities, offering fresh perspectives on life; and to explore and express her identity as an artist, a citizen, a multi-ethnic person, a human being, through movement. On the most basic level, she is interested in the relationship between motion and emotion and the question ' of"what moves people'? Although props, spoken text and other theatrical elements are often present in her work, her primary commitment is to the movement itself—full-bodied or gestural, highly technical or pedestrian, created by her own body or by another mover. Her work reflects her interest in improvisation, natural physicality, dynamic partnering, technique and community. i A current resume is included. a acornDance//SITE SERIES 2010 ' Proposal#1 — The SITE SERIES 11 Dance on Common Ground, —reflecting the sights,sounds and energy of our community spaces. Site-Specific Dance Performance in Parks, shopping centers, and other public spaces. Using movement as a means through which to see the world in a different way, the SITE SERIES ll Dance on Common Ground, brings live contemporary dance performance into the public spaces that we inhabit daily, enlivening these spaces in new ways Staged in urban spaces, this series of site- specific dance performances asks the viewer who and what"belongs",as it surprises the audience with dance in unexpected places and with unexpected interactions. Full-bodied dancing and dynamic partnering mbc with gesture and pedestrian movement to create vibrant images and moving stories, r using both choreography and improvisation. 2010 marks the 0 year of the SITE SERIES Previous ' locations have included Fall City Days in Fall City, Victor Steinbruek Park at the Pike Place Market, Seattle, Bumbershoot in the International Fountain, the Bellevue Downtown Park, Issaquah Farmer's Market, and Crossroads Bellevue. A typical SITE SERIES event involves a series of performances over the course of a day, week or month, happening within a limited geographic area (example: ParkDance: 8 performances within 4 weeks in 4 different areas of a single park) Although one-time events are welcome, the on-going structure of a series offers an opportunity to generate momentum, curiosity, and expectation "Regulars" at these public spaces may begin to look for the dance(ers)and cultivate a sense of familiarity and an acceptance of art, anywhere. A period of"creative residency" in these locations precedes the performances as the series "inhabits" i the space, giving the artists time to develop material specific to the characteristics of each location, reflecting both the physical attributes as well as the"personalities" of each space Locations might include parks, shopping centers, public buildings, farmer's markets, etc The series brings attention to these locations and offers people a fresh perspective of these spaces while providing access to contemporary dance for people that might not ordinarily seek out dance or other live performance, by bringing it to their lunch tables, evening outings and shopping sprees, free of charge Events involve an ensemble of professional dance artists that fluctuates in size depending on each I space Depending on funding and site scheduling needs, live music (possibly augmented by recorded sound) may also be included. acornDance also welcomes the opportunity to work with community youth in lecture demonstration, class, or workshop settings in conjunction with the SERIES The SERIES is very flexible in its format in , order to best accommodate different spaces/situations The SERIES can also integrate themes suggested by the hosting site/organization. acornDance looks forward to meeting and collaborating with new communities in 2010 The Site Series. . Reaches Out -Gets art(dance) in to public spaces and daily lives and out of the theater and studio. - Provides access to communities not ordinarily be exposed to contemporary dance, making art more accessible to a wider range of audience Offers unique opportunities to witness, contemplate and enjoy live movement performance in public spaces, FREE of charge and w/o the commitment of sitting in a theater(come and go as you please). Inspires/Encourages -Encourages all people to honor and develop their own creative spirit and physicality through dance. -Invites people to investigate options for dance/movement performance beyond the more familiar ballet, jazz and musical theater genres. Builds Community -Brings people of different backgrounds, ages and abilities together on common ground for dialogue via commonality of experience, by creating situations where ordinary people from difference backgrounds can share a physical and emotional experience as audience members and un-expecting participants -Brings attention to locations within a community and encourages people to see these spaces in new ways, enhancing the overall atmosphere of these community gathering places. The Phffftl Dance Theatre Company Site Specific Application 2010 Concept Descriptions: Page 3 Third of three concepts: This proposal is for funding for the site-specific component of Beyond the Threshold: Seattle International Dance Festival Art-on the-fly presented in partnership with Cornish College, Cascade Community Center, Vulvcan Inc. Mirabella Retirement Community and other local area organizations for the streetcar in South Lake Union (SLU). It can be adapted and presented as a stand-alone project for any public transportation system whether trains, buses or other area where groups are gathered for transportation. Art-on-the-fly (the current working title)would present local, national and international artists creating site-oriented, theme-based work for sites along the streetcar route to be seen "on the fly" by riders as they pass through SLU as well as by pedestrians walking through the area. An example would be 30-second poetry readings delivered as the streetcar stops to unload/load passengers. The poem would last just the time it takes for passengers to enter and exit the streetcar and be tied in some theme-oriented way to the site (could be historical, or artist's reaction to the spot visually etc). Another example is a dance piece with 20 dancers doing simultaneous movement extending over 3 blocks, and yet another piece would be created for the Thompson Building, whose glass fagade is just at eye-level to the streetcar, less than ten feet from the tracks as it passes on Thomas Street. The event would be seen by 1,000-3,000 people from Seattle, and the surrounding areas as well as tourists that travel from around the country and the world. An example of artists that performed in previous years' festival are Cyrus Khambatta/The Phffftl Dance Theatre Company, Mark Haim, Aiko Kinoshita/Acorn Dance, Carla Barragan and BQ Danza, Clarissa Castro, Daniel Wilkins and DASS Dance, Eva Stone, Ricky Mason/Launch Dance Theatre, Archana Kumar and many more. Encouraging collaborations between local and international artists, the event showcases the talent of Seattle artists in a context of international work. The festival has garnered increasing attention in the four years since its inception and has included artists from some fifteen countries. ammDmcc a SITE S=S 2010 i Proposal#2—BOARDDance; a collaboration between dance and skate boarding. In conjunction with the annual PARKDance performance series, acomDance will collaborate with regional skateboarders in the creation and performance of a new site-specific work, highlighting and blending the aestheticism of skate-boarding and contemporary dance After an initial period of sharing basic skills, developing a shared vocabulary and finding common ground, the dancers and boarders will work under the direction of acornDance director, Aiko Kinoshita, to create a performance with boarders, dancing and dancers, skate boarding, and each doing what they do best. The performances will be designed for outdoor skate plazas/parks and coordinated with local organizers and skate plaza staff for safety, and maximum community exposure and possible coordination with regularly scheduled skate plaza-events to encourage larger and diverse audiences The performances will vary from 15-35 minutes and may contain live or recorded music dependent on venue and budget. The educational component of BOARD/Dance can include inviting the public to open rehearsals during the rehearsal process. Rehearsals in actual performance spaces is required BOARD/Dance is intended to bring together different communities in the creation of art work while encouraging more youth and male involvement in the movement arts As with all SITE SERIES events, BOARDDance also intends to introduce contemporary dance to new audience BOARD/Dance is part of the PARKDance performance series,which reflects the sights, sounds and energy of our community parks, through performances of contemporary dance and movement improvisation Because of the nature of these performances, a location with regular foot traffic and where audience can linger and enjoy the environment is ideal. Also ideal is a sense of"residency"at each location. The ability to work at the same location over a period of time allows for development of the work as new things are learned and experienced each time and allows more people to experience the work All events will strive to bring something new and curious into the audience's day while I encouraging them to see the world in a different way. acornDance also welcomes the opportunity to work with community youth groups in lecture demonstration, class, or workshop settings in conjunction with the series. The SERIES is very flexible in its format in order to best accommodate different spaces/situations. The SERIES also welcomes the opportunity to integrate themes suggested by the hosting site/organization acornDance looks forward to meeting and collaborating with more communities in 2010. The included budget represents an initial location, with 2 performance events With additional locations/presenting partners, the cost to each partner goes down as some of the original creative and planning work will not need to be repeated. The Site Series. . Reaches Out -Gets art(dance) in to public spaces and daily lives and out of the theater and studio. - Provides access to communities not ordinarily be exposed to contemporary dance, making art more accessible to a wider range of audience. Offers unique opportunities to witness, contemplate and enjoy live movement performance in public spaces, FREE of charge and w/o the commitment of sitting in a theater(come and go as you please) Inspires/Encourages - Encourages all people to honor and develop their own creative spirit and physicality through audience interaction and participation - Invites people to investigate options for dance/movement performance beyond the more familiar ballet, jazz and musical theater genres. Builds Community - Brings people of different backgrounds, ages and abilities together on common ground for dialogue via commonality of experience, by creating situations where ordinary people from difference backgrounds can share a physical and emotional experience as audience members and un-expecting participants. - Brings attention to locations within a community and encourages people to see these spaces in new ways, enhancing the overall atmosphere of these community gathering places acornDance - 1 acornDance 11 SITE SERIES 2010 BUDGET Typical SITE SERIES events are very flexible in their scope and can be tailored to fit a variety of circumstances. Budgets fluctuate depending on number of performances and performers, length of individual performances, publicity expenses and complexity and technical considerations of each space. Typical SITE SERIES events have ranged from$1000 to$10.000 (not including preliminary administrative and planning costs) and are developed in consideration of the budget All participating professional artists are paid for their work. Classes,workshops and other non- . performance components are not included in these samples. A typical 15 hour class costs$100 assuming that space is provided by the presenter. Multiple classes may lower individual class prices. A sample budget for a one week, 3 repeating performances with 5 dancers and 1 live musician at a park might range between $1500-$3000. I , A one-time performance that utilizes previously created material with a smaller cast might range between $750 and $1000 Lesser fees may be considered. The following budget is assumes a mid-size event: -Core company (5) plus 1 musician performing live, simple costumes/props, 3 performances over the course of 1 week with two weeks of rehearsal on-site. -A location somewhere with regular foot traffic (audience) -The bulk of publicity is handled by existing publicity outlets or in-house by the presenting partner -Any space rental fee for performance venue is either in-kind from the presenting partner or free of charge. -Additional rehearsal space if venue is outside may be required in the event of inclement weather. Artists Fees: $1950 Admin Fees- $100 Permits, insurance, tax, etc. $200 Supplies (costumes, etc.) $90 Additional promo $220 Documentation $50 TOTAL $2510 acornDance - 1 BOARDDance - 2010 Income sx' Income will come from local arts commissions, presenting partners, 4Culture and in-kind donations. "Sample budget" This budget assumes one event location with 2 performances and includes the cost of project development. With multiple event locations/presenting partners , the cost for each performance (and presentingpartner) goes down. r Expenses Cash Inkind JTotal Item Amount Amount JCash+Inkind Personnel Artist Salaries&Fees 6390 550 5940 Technical Administrative flat rate 500 300 800 Other-documentation 150 150 300 Supplies &Equipment safety equipment rental 125 125 costumes (pedestrian clothing) 250 250 Rental class space $55/hr 330 330 indoor skate facility $50/hr 1600 1600 performance/park rental 2 event rentals 1200 1200 Promotion by Bellevue Parks 500 500 additional letters, etc. 75 75 Scholarships List qualifications ' #of scholarships Total cost of scholarshi Other permits, taxes, insurance, etc. 6501 650 Total 68901 4880 11770 Surplus (Deficit) 0 i EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to Iroperty which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages: Each insurance policy shall be written on an"Occurrence"form. Minimum Scope of Insurance needed for this contract is as follows: ® Commercial General Insurance Services Office form number(CG 00 01 Ed 11-88)—Minimum Liability Combined Single Limit of$1,000,000 BI & PD with a General Aggregate er ro ect El Automobile Liability Covering all owned and non-owned and hired automobiles—Combined Single Limit of$1,000,000 BI & PD t. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture. The deductible and/or elf-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor. Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as jespects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. (2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary -isurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by Culture, its officers,employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. (3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or wsuit is brought, except with respect to the limits of the insurer's liability (b) All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as toeduced in aggregate by paid claims, at any point during the life of this contract No material change, or cancellation or nrenewal of any policy required by this contract shall occur without thirty(30)days' prior written notice to 4Culture. 4 Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no less than A VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII. �. Verification of Coverage 4Culture, reserves the right to request that contractor submit the certificate(s)of insurance evidencing compliance tith all requirements set forth above iKent City Council Meeting Date August 3, 2010 Category Consent Calendar - 63 1. SUBJECT: FEDERAL WAY SCHOOL DISTRICT EASEMENT AGREEMENT FOR WEST HILL PARK - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Construction Easement Agreement with the Federal Way School District to grant temporary access at West Hill Park. The Federal Way School District would like a temporary construction easement to access its construction site at Sunnycrest Elementary School through the undeveloped West Hill Park site. Parks Department staff have been working with the Federal Way School District to create a cohesive design between the park and the school with the idea of giving the site a "school in a park" feel. This collaboration will maximize the amount of use the citizens around the site will receive from the adjoining public spaces. Construction at Sunnycrest Elementary is scheduled to begin this summer and will only temporarily affect park land. This project will result in a safer trail to school for kids and eventually blend into the new West Hill Park. 3. EXHIBITS: Federal Way School District Easement Agreement 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) j5. FISCAL IMPACT Expenditure? N/A Revenues N A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: I i TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this "Agreement") is made this day of , 2010 by and between City of Kent, a Washington municipal corporation ("Grantor"), and FEDERAL 'WAY SCHOOL DISTRICT, a Wasington municipal corporation("Grantee"). RECITALS A. Grantee owns property located at 24629 42"d Avenue South, Kent, WA 98103 and known as the Sunnycrest Elementary School property ("Grantee's Property"). Grantor owns property located at approximately South 244ffi Street and 36`h Avenue South in Kent and known as West Hill Park ("Grantor's Property"), which property is adjacent to and northwest of Grantee's Property, as more fully described in Exhibit C. B. Grantee is in the process of building an elementary school on Grantee's Property, and in connection therewith has requested that Grantor convey to Grantee a non- exclusive temporary construction easement for vehicle and pedestrian access, grading, and construction of the trail connection in, on, under and through a portion of Grantor's Property, which portion is more particularly described on Exhibit A to this Agreement(the "Temporary Construction Easement Area"). C. Grantor is willing to grant, declare and establish in favor of Grantee for the benefit of Grantee's Property a non-exclusive easement for the foregoing purposes over, under, across and through the Temporary Construction Easement Area, subject to the terms and conditions hereof. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT ' Grantor hereby grants to Grantee, and for the benefit of Grantee's Property, a temporary, non-exclusive, appurtenant easement (the "Construction Access Easement") in, on, over and across the Temporary Construction Easement Area for the purpose of providing vehicular and pedestrian access to and from Grantee's Property. Grantee shall have the non-exclusive right of access, ingress and egress, together with the right to perform earthwork and installation of a trail connection to the future West Hill Park and the right to perform construction staging activities, on, under and within the Temporary Construction Easement Area. The approximate location of the Temporary Construction Easement Area is shown on the diagram map attached to this Agreement as Exhibit B. -1- i 2. TERM & USE OF TEMPORARY CONSTRUCTION EASEMENT AREA The Temporary Construction Easement shall be in effect from and after the date hereof, and shall continue until August 31, 2011. Grantee may use the Temporary Construction Easement Area to temporarily locate equipment and construction materials, and to enter and work at such reasonable times as may be necessary, for the purposes of carrying on said construction activities consistent with the purposes herein. Grantor reserves the right to use the Temporary Construction Easement Area for all purposes not inconsistent with the rights granted to Grantee under this Agreement; provided, however, that Grantor shall not install buildings or other above-ground structures within the Temporary Construction Easement Area which would interfere with Grantee's rights granted under this Agreement. Grantee shall ensure that Grantee's use of the Temporary Construction Easement Area is in compliance with all requirements of law, free of liens, and does not materially or adversely affect the Temporary Construction Easement Area. Promptly following the completion of any construction activities on the Temporary Construction Easement Area, Grantee shall restore the surface of the affected area as nearly as possible to the condition in which it existed immediately prior to the commencement of construction. 3. INDEMNIFICATION Except to the extent the same are caused by the negligence or willful misconduct of Grantor or its agents, employees or contractors, Grantee shall indemnify, defend and hold Grantor harmless from and against any and all loss, costs, damages, injuries, claims, suits, liabilities, causes of action and expenses of any kind or nature, including, but not limited to, reasonable attorneys' fees, incurred by Grantor arising out of or related to: (i) Grantee's exercise of the rights granted to it by this Agreement, or (ii) Grantee's breach ' of its obligations under this Agreement. 4. BENEFITS AND BURDENS SHALL RUN WITH LAND The easements and rights and obligations described herein are not intended to be personal, but are intended to constitute covenants running with the land and are intended to , touch and concern the parcels of land described in Exhibits A and C of this Agreement and to constitute easements appurtenant to the Grantee Property benefited by the easements granted under this Agreement. The burdens and benefits of Grantor under this Agreement shall constitute covenants running with the Temporary Construction Easement Area and shall be binding on and inure to the benefit of Grantor's successors and assigns in title to the Temporary Construction Easement Area. The benefits and burdens of Grantee under this Agreement shall constitute covenants running with Grantee's Property and shall be binding on and inure to the benefit of Grantee's successors and assigns in title to Grantee's Property. Nothing contained herein shall be deemed to be a gift or dedication of all or any part of the Temporary Construction Easement Area or Grantee's Property to the general -2- I 1 public, but each easemenf granted under this Agreement shall be strictly limited to the purposes herein stated 5. ATTORNEYS' FEES In the event either party to this Agreement brings a legal action against the other party to enforce its rights under this Agreement, the substantially prevailing party shall be j entitled to receive reimbursement from the nonprevailing party of such prevailing party's costs incurred in such legal action (including the costs of appeal), including the fees and disbursements of the prevailing party's attorneys, in addition to all other rights and remedies available to the prevailing party at law or in equity. 6. INTERPRETATION The captions and headings in this Agreement are inserted only as a matter of convenience and for reference, and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be to any extent invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 7. SEVERABILITY Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order shall in no way affect any of the other provisions thereof or the application thereof to any person and the same shall remain in full force and effect. 8. NOTICES Notices given by the parties may be served personally, or may be served by depositing the same in the United States mail, postage prepaid, certified or registered mail, return receipt requested Notices to the parties shall be addressed to the following addresses: If to the Grantor: City of Kent If to the Grantee: Federal Way School District 31405 18th Ave S. Federal Way, WA 98003 Attn: Superintendent The foregoing addresses may be changed by written notice given pursuant to provisions of this Section Notices sent by certified or registered mail shall be deemed to -3- have been given and delivered upon the earlier of actual receipt or three (3) days business after being properly mailed. Notices served personally shall be deemed given upon receipt. 9. COMPLETE AGREEMENT; GOVERNING LAW This Agreement contains the entire agreement of the parties with respect to this subject matter and supersedes all prior or contemporaneous writings or discussions relating to the easements provided for herein. This Agreement may not be amended except by a written document executed after the date hereof by the duly authorized representatives of Grantor and Grantee. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The parties agree that the venue of any legal action brought to enforce this Agreement shall lie in King County Superior Court and the parties waive their right to be sued elsewhere. 10. WARRANTY AND REPRESENTATION OF AUTHORITY The parties each represent to the other that the person or persons executing this Agreement have authority to do so and to bind the parties hereunder, and that all consents, permissions and approvals related to the execution and delivery of this Agreement have been obtained. 11. EXHIBITS This Agreement includes the following exhibits, which by this reference are incorporated into this Agreement: Exhibit Name A Legal Description of Temporary Construction Easement Area , B Exhibit Showing Temporary Construction Easement Area C Legal Description of Grantee's Property SIGNATURES ON FOLLOWING PAGE -4- I IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and year first above written. GRANTOR: CITY OF KENT By: Name: Title: GRANTEE: FEDERAL WAY SCHOOL DISTRICT By: Name: Title: ec I I I I 1 07744-0002/LEGAL16148400 1 -5 i EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT TCE Description , All that portion of that parcel of land conveyed from the City of Seattle to the City of Kent by Quit Clain Deed Recorded under King County Recording Number 199603121427: Commencing at the Northeast corner of the SE '/a of the NW '/a of Section 22,Township 22 North, Range 4 East, W.M thence North 89°51'48"West, 814.36 feet along the North line of the SE '/a of the NW '/a of said Section to the TRUE POINT OF BEGINNING, thence continuing along said North line North 89'51'48"West, 90.44 feet;thence leaving said North line North 56'17'54"West, 62.49 feet; thence North 33°42'06"East, 50.00 feet; thence South 56'17'54"East, 137 85 feet to the TRUE POINT OF BEGINNING. Containing 5,008 square feet,more or less. 04 NaL. ��L =vim A-1 �, STATE OF WASHINGTON ) ss. COUNTY OF On this 140 day of S U ,^s , 2010, before me, the undersigned, a Notary Public in and r the State of Washington, duly commissioned and sworn, personally appeared 'Koj h,ID.v�J , to me known to be the person who signed as ` — c,Ltt^ A l (L'� of FEDERAL WAY SCHOOL DISTRICT, the municipal co ration that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said munici al corporation for the uses and purposes therein mentioned, and on oath stated that Q L5 L , ,Q was duly authorized to execute said instrument on behalf of the municipal corporation, and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. OE'W�r��.. o�pssioroF� (Sig ure of Notary) Cj %�d •'•.� (Print or stamp name of No �) NOTARY PUBLIC in and for the State I of Washington, residing at 1 a L L T H 7 My appointment expires: o j i 1 Z -6- 07744-0002/LEGAL 16148400 I STATE OF WASHINGTON ) ss. COUNTY OF KING) On this day of 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who signed as of the CITY OF KENT, the Washington municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute said instrument on behalf of said corporation. . IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) 1 (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires- -7- EXHIBff B 15 22 T.L. 2222049006 N33'42'060E NORTH LINE OF THE 50.00' S5617:54'E SE AOF THE NW Y4 �137.85 N 89'51'48" W 814.36' N56'17'54"W T.P.O.B. 62.49' /N89'51'48*W NORTHEAST CORNER OF 90.44' THE SE Y OF THE NW Y4 T.L. 2222049006 T.L. 2222049146 22 T.L. 2222049067 0' 50, 100' TEMPORARY CONSTRUCTION EASEMENT AREA Parcel 2222049006 10�0��`'° Portion of Sec. 22, T.22 N., R.04 E., W.M. 1� ° azr-asn King County, Washington m ma�aa� Incorporated EXHIBIT "C" LEGAL DESCRIPTION OF GRANTEE'S PROPERTY New Parcel"A" of the City of Kent Lot Line (Elimination) Adjustment 2010-1,Recorded under King County Recording Number 20100203000239. 1 1 1 1 C-1 Kent City Council Meeting Date August 3, 2010 Category Consent Calendar - 6K 1. SUBJECT: PETER SHORT PLAT BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Peter Short Plat project, permit 2074558, for 7 gate valves, 1 hydrant, 2 blow offs, 1 air vac and 679 linear feet of waterline; 3 sanitary sewer manholes, and 383 linear feet of sanitary sewer line; 509 linear feet of new street; 3 storm sewer manholes, 6 catch basins, 14,408 cubic feet of detention pond storage, and 542 linear feet of storm sewer line. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? -N/A Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: f s KENT C1TY OF KEMT WASHINGTON DEC 31 2009 MAIL.TO: ENGINEERING DEPARTMENT DEPT ATTN: ENGINEERING 220 4 AVENUE SOUTH KENT,WA N VSX1 Ecc 2o7s..�& PROJECT: P�T-61Z.5 S,00127- ?Z47- LOCATION:S L. 2'/Z nip sT APR/�rlaF� TAX ACCT NO: BILL OF SALE MY OF KENT KING COUNTY,WASIHNGTON THIS INSTRUMENT made this day of Z/ ?cc-w Oee 20 e 9 ,by and between SdVL•7Z STAt? 4,,4L,s LLG , hereinafter called "Grantors",and City of Kent,a municipal corporation of King County,State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: 2=_G �2o�vo f A. WATERMAMS: together with a total of,�-"b to gate valves at$ t8 s o a each, / hydrants at$ each and/or any other appurtenances thereto. ?., g/0w orr—s(411)J1 z/O0en- / -A I2 via p 1 ONsEZ YZ No S� FROM i/�� �L 5 (: TO C NL) ° S.G. Z yZ"�S7 (street,esmt, etc) 1174� � s,E S E ZU3a0 sf ZfiS /v /wfX SE G" Including G 8 linear feet at$ y� per LF of 6" (size& type) /2,,7--. _ waterline. B. SANITARY SEWERS: Together with a total of _3 manholes at $ 3,,Oad each and/or any other appurtenances thereto. 1 1 of 4 Bill of Sale ON Sly Zq?-r-d sT FROM /l7 f9 4V s C O (street,esmt, etc) S L 2y2 .�✓v �/ Including 38 L linear feet at$ fi3 3 per LF of 8 (size & type) P✓C sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. 7tt� AVL SL• SC Zy34 sT; nv ias' rfi ON SC 2 y2 r ST FROM /17 fly /�vC r'6 TO G-; (Y va s,6 LYZ (street,esmt,etc) Including 3 Z•�' centerline LF at S.6 •• ® per LF of (type)streets, Feet asphalt roadway. / , Go $ Z•9OO A STO M SF,WERS: Ta ether with a total of Z- y$ N manholes at Z'S-Y-6 each or a total of catch basins at$ 50 each, LF of biofiltration Swale or drainage ditch with a total cost of$ yi+ _CF of detention pond storage with a total cost of OO O ,and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including SZ linear feet at$ per LF of (size& type) � � sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances;that all bills for labor and material have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WMRE OF,the undersigned has caused this instrument to be executed on this day of ,20 I 2 of 4 Bill of Sale I r STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of ,20 ,before me,the undersigned A Notary Public in and for the State of Washington,duly commissioned and sworn,Personally appeared to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Notary Public in and for the State of Washington,residing at My Commission Expires: i i The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of 120 I 3 of 4 BiliofSale ADDENDUM TO BILL OF SALE CITY OF KENT i The figures used on the Bill of Sale for 4 rea.s S;OO✓Z /�! �tcc Zoe ySs'S project dated 03'Z7-off ,were based on the "As-Built"Engineering Plans dated for thesamesaid YG7Z2,S z,,YX a.r7 �/47' project. �o3u1t the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of DI-1 �:' f .y c• ,the firm responsible for the preparation of the "As-Built" Engineering Drawings. Signature SP 52 TONAL 4 of 4 Bill of Sale Kent City Council Meeting Date August 3, 2010 Category Other Business - 7A 1. SUBJECT: REGIONAL FIRE AUTHORITY INTERLOCAL AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: On April 27, 2010, voters within the jurisdictions of the City of Kent and King County Fire Protection District No. 37 approved formation of the Kent Fire Department Regional Fire Authority ("RFA") and adoption of the RFA's Regional Fire Authority Plan. As provided by statute, the effective date of the RFA was July 1, 2010, and the City and the RFA have been operating under a Memorandum of Understanding ("MOU") since that date while the terms of the Interlocal Agreement being presented to you tonight were finalized. In accordance with the terms of the Interlocal Agreement, the City will provide the RFA with Information Technology, Facilities Maintenance, Medical and other Employment Benefits, and Civil Service Examiner services. The RFA, in exchange, will provide the City with Fire Prevention, Emergency Management, Fire Investigation and ShoWare Center services. The specific services provided are detailed in Exhibits A through K to the Interlocal Agreement. The Interlocal Agreement provides that these exhibits may be updated periodically by an I Administrative Committee that consists of the City's Mayor and the RFA's Fire Chief. The parties have mutually agreed to compensation as provided in Section XIII of the Interlocal Agreement to compensate each other for the costs incurred in providing services to the other. Staff will be available at the Council meeting to answer any specific questions Council may have concerning the terms of the Interlocal Agreement. 3. EXHIBITS: Interlocal Agreement between the City and the RFA; Exhibits A through K to the Interlocal Agreement 4. RECOMMENDED BY: Staff (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 to authorize the Mayor to sign the Interlocal Agreement and all other related documents with the Kent Fire Department Regional Fire Authority for the division of services resulting from the formation of the Regional Fire Authority. DISCUSSION: ACTION: INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY I. PARTIES The parties to this Interlocal Agreement for the Division of Services Resulting from the Formation of the Kent Fire Department Regional Fire Authority ("Agreement") are the City of Kent (hereinafter the 'City"), a Washington municipal corporation, and the Kent Fire Department Regional Fire Authority (hereinafter the "RFA"), a Washington municipal corporation formed in accordance with Ch. 52.26 RCW. II. AUTHORITY IThe City and the RFA are public agencies as defined by Chapter 39.34 of the Revised Code of Washington ("RCW"), and are authorized to enter into interlocal agreements on the basis of mutual advantage and thereby to provide services and facilities in the manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs of local communities. III. PURPOSE The City has maintained a full service fire department for decades. On April 27, 2010, voters within the jurisdictions of the City and King County Fire Protection District No. 37 ("District") voted to create the RFA in order to provide fire services, and adopted the Regional Fire Authority Plan which sets forth the manner in which fire services will be provided by the RFA. The RFA came into existence and became effective on July 1, 2010. The RFA consolidated the City of Kent Fire Department and the District into one governmental entity, with taxing authority, designed to provide fire services within the geographical boundaries of the City and the District. While the RFA has the authority to provide fire services, it remains the responsibility of the City to enforce its building codes, to provide emergency management services, and to provide fire investigation services. It is the parties' desire, however, that the RFA perform the following services for the City: fire prevention, emergency management, and fire investigation services. It is also the parties' desire that the City perform the following services for the RFA: provision of medical benefits including medical, dental, vision, wellness program, and employee assistance program for RFA employees; Civil Service Examiner services; information technology services; facilities maintenance; and access to the City's commute trip reduction program and flexible spending accounts. This Agreement establishes the framework for transferring responsibilities from the City to the RFA pursuant to the formation of the RFA and adoption of the Regional Fire Authority Plan. This Agreement also sets forth the manner in which the services described above will be provided by both the City and the RFA. jINTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 1 of 15 IV. EXHIBITS INCORPORATED AND AMENDABLE Attached to this Agreement are a number of exhibits that detail the work to be performed by the RFA for the benefit of the City, and the work to be performed by the City for the benefit of the RFA. There are also exhibits attached to this Agreement that designate the manner of transferring documents and handling other matters related to the transfer of fire services from the City to the RFA. The attached Exhibits A through K (the "Exhibits") are adopted and incorporated into this Agreement by this reference. Notwithstanding any provision contained within this Agreement that states otherwise, the Exhibits may be amended from time to time by written agreement of the Committee, as established in Section XIV of this Agreement, in order to provide for the orderly and efficient provision of services by the parties, and the governing bodies of the City and the RFA hereby delegate their authority over amendments of , the Exhibits to the Committee. V. PLAN REFERENCED AND ATTACHED BUT NOT INCORPORATED The Regional Fire Authority Plan, which was passed by the voters of the City and the District on April 27, 2010, is hereby attached as Attachment 1 to this Agreement for reference purposes, though not specifically incorporated herein. VI. RFA SOLELY RESPONSIBLE FOR COMPLIANCE WITH LAWS AND ' REGULATIONS It is recognized that with the passage of the RFA plan by the voters of the City and the District, a new governing entity was created as of July 1, 2010, with a purpose separate from that of the City, and with officers, employees, and elected and appointed officials separate from those of the City. It is recognized that as of July 1, 2010, the RFA is a stand-alone and independent legal entity completely separate in all purposes from that of the City. Except as otherwise provided for in this Agreement, the RFA shall be solely legally responsible for all conduct and services provided by the RFA, and shall conduct itself in a manner consistent with all applicable laws and regulations. VII. DESIGNATION OF FIRE CHIEF, FIRE MARSHAL, AND FIRE CODE OFFICIAL For the purposes of enforcement of federal, state, and City laws relating to the provision of fire services, and for the purposes of complying with federal and state grant programs or any other programs which relate to the provision of the services formerly provided by the City of Kent Fire Department, the Chief Officer of the RFA (hereinafter "Fire Chief") shall be considered the City's Fire Chief, and the Chief Officer assigned to the Fire Prevention Services Division shall be considered the City's Fire Marshal and Fire Code Official. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 2 of 15 VIII. SERVICES PERFORMED BY THE RFA FOR THE CITY A. Services to be Provided. The RFA agrees to perform Fire Prevention, Emergency Management, and Fire Investigation Services for the City as set forth in Exhibits B, C, and D of this Agreement, as well as RFA services at the ShoWare Center as set forth in Exhibit E. B. Employees of the RFA Are Not Employees of the City. All RFA employees who provide the City the services called for in this Section VIII shall be employees of the RFA, and not employees of the City. Except as provided in this Agreement, the employees of the RFA who are performing the services called for in this Section VIII shall not be entitled to any benefit provided to employees of the City. The RFA shall, at all times, be solely responsible for the conduct of its employees in performing the services called for in this Section VIII. C. Records. All records relating to the provision of the services called for in Exhibits B, C, and D shall be considered records of the City, and shall be retained in accordance with the records retention requirements of the City. Custody and disclosure of the records shall be managed in accordance with Exhibit A. D. Quarterly Reports. For the services provided pursuant to Exhibits B, C, and D, the RFA shall, within fourteen (14) calendar days of a request by the City and in a form to be approved by the City, provide the City with a report which shall, at a minimum, specify the following: 1. Any revenue generated by or brought in by either of the three (3) services. 2. For Fire Prevention Services: a. The number of permits reviewed; b. The number of permits granted; C. The number of permits denied; d. Permit activity performance; e. The number of inspections conducted; f. The number of complaints investigated; g. The number of code enforcement cases investigated; h. The number of code enforcement cases filed; 1. The number of short subdivision committee meetings attended; and j. The number of pre-application meetings attended. The report shall separately report all of the above information relating to services provided to any agency other than the City, such as, but not limited to, services provided to the city of ICovington. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE 1 DEPARTMENT REGIONAL FIRE AUTHORITY - Page 3 of 15 3. For Emergency Management Services: a. The number of training programs provided to City employees; b. The number of training programs provided to the public; C. Activities relating to the update of any emergency plans; d. Any grants applied for; e. Any grants received; and f. Attendance at regional emergency management meetings. 4. For Fire Investigation Services: a. The number of matters investigated; b. The number of cases filed; C. The number of cases investigated but either not filed or declined by the prosecutor's office; and d. Training attended by fire investigators. F. Audit Authority. The City may, at the sole cost of the City and with twenty-four (24) hours' notice to the RFA, perform an audit of the services provided in Exhibits B, C, and D, and any other RFA matter that relates to or affects RFA charges to the City. The RFA shall cooperate fully with any audit conducted by the City. Such audit may be performed by City personnel or an agency or private entity with which the City contracts. Such audit may, at the sole discretion of the City, require the production of documents and reports without the necessity of a public records request or subpoena, and a response by RFA personnel to any questions or inquiries relating to the services provided by the RFA. This audit authority shall extend to any services provided to the City or to any other agency, such as, but not limited to, the city of Covington. G. Employee Performance. RFA employees performing services called for in Exhibits B, C, and D shall conduct themselves in a professional manner and consistent with RFA and City policies and procedures. In the event the City is dissatisfied with the performance or conduct of an RFA employee performing the services called for herein and such performance or conduct violates RFA or City , policies or procedures, the Mayor of the City, or his or her designee, (the "Mayor") may report, in writing, his or her dissatisfaction to the Fire Chief, with an explanation for that dissatisfaction and the policies and procedures allegedly violated; provided that the Mayor's failure to initiate such report shall in no way be interpreted as an acceptance of unsatisfactory performance or conduct. The Mayor may request in writing that any employee for whom a written dissatisfaction notice is issued be removed from a position in which he or she provides services to the City pursuant to this Agreement. In such event, the Fire Chief shall reassign such employee to a position that does not involve the services called for in Exhibits B, C, or D, unless the Fire Chief demonstrates that he or she is unable to reassign the employee due to legal reasons or reasons that would violate a provision of a collective bargaining agreement. The RFA shall not agree to any provision in any collective bargaining agreement that would interfere INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 4 of 15 with the Fire Chief's authority to reassign an RFA employee who performs services for the City. Regardless of whether the Mayor requests the removal of an RFA employee, in the event such dissatisfaction is of such a nature that if true could form the basis of a violation of RFA policies or procedures, the Fire Chief may, 1 consistent with RFA collective bargaining agreements and other applicable policies and procedures, initiate an investigation and impose appropriate disciplinary or corrective measures. H. New Employees - Authorization. The Fire Chief shall, at least thirty (30) days prior to assigning any person to a position that performs services pursuant to Exhibits B, C, and D, meet with the Mayor to discuss the position, and the candidate that the Fire Chief wishes to assign to that position. In the event the Fire Chief and the Mayor agree to the assignment of the person to the position, the Fire Chief may make the assignment. In the event the Fire Chief and the Mayor do not agree to the assignment, the Fire Chief shall provide the Mayor with a list of three (3) candidates qualified for the position, and if there are not three (3) qualified candidates, then at least two (2) qualified candidates for the position. The Mayor shall be permitted to select from the three (3) candidates, or two (2) as the case may be, the person to be assigned to the position; provided, that prior to such selection, the Fire Chief and the Mayor shall meet to discuss the candidates. The person selected by the Mayor shall be the person assigned to the position. I I. Modification in Level of Service or Funding. From time to time, due to economic circumstances, the City may be required to modify levels of service or funding in the City. These modifications may be made necessary by reductions in available City funds, or increases in activity in the services performed pursuant to Exhibits B, C, and D. In the event the City, for any reason, determines that it is in the interest of the City to modify the level of service with regards to the services provided in Exhibits B, C, and D, the City may, at its sole option and with thirty (30) days' advance written notice to the RFA, modify the funding provided to the RFA for the services provided in Exhibits B, C, and D. Any modification in funding shall be preceded by an agreement relating to any modifications to the levels of service that will accompany the modification of funding. The following information reflects the workload and revenue activity in the Fire Prevention Division which shall serve the purpose of facilitating discussions regarding modifications in the levels of service or funding for the Fire Prevention Division: 1. Code Enforcement Unit. In 2010, the Code Enforcement unit brought in $150,792 in Revenue. In addition, over a three (3) year period, the Code Enforcement unit: a. Had three (3) full-time employees, and b. Engaged in 968 activities per year, per full-time employee. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 5 of 15 2. Development Services Unit. In 2010, the Development Services Unit brought in $347,651 in revenue. In addition, over a six (6) year period, the Development Services Unit: a. Had three and one-half (3.5) employees, and b. Engaged in 1,857 activities per year, per full-time employee. It is not the intent of this subsection to permit the City to replace RFA I personnel with City personnel or third-party personnel. The City's replacement of RFA personnel with City or third-party personnel may be considered a termination of service subject to the requirements of Section XVI of this Agreement. IX. SERVICES PERFORMED BY THE CITY FOR THE RFA The City agrees to perform the following services for the RFA, the payment of which will be provided for in accordance with Sections XII and XIII of this Agreement: Exhibit No.: Title of Exhibit: F. Information Technology, Telephone, and Information Management Services; G. Facilities Maintenance Services H. Medical Benefits, Wellness, and Employee Assistance Program Services; I. Access to Commute Trip Reduction Program; J. Access to Flexible 125 Spending Account; and K. Civil Service Examiner Services. The manner in which those services will be provided is detailed in Exhibits F to K of this Agreement. X. RECORDS TRANSFER AND REQUESTS FOR RECORDS Except as provided elsewhere in this Agreement, the City and the RFA anticipate the transfer of records as provided in Exhibit A from City custody to RFA custody. Exhibit A shall govern the retention and disclosure of any records of one party held by the other. XI. ASSET TRANSFER A. Real Property. The real property associated with City fire services has been sold or leased to the RFA in accordance with Section 7 of the Regional Fire Authority Plan. Responsibilities relating to the maintenance and upkeep of the properties leased by the RFA are specified in the leases between the City and the RFA. B. Vehicles, Equipment, and Other Personal Property. All vehicles, equipment, and other personal property listed in Appendix D of the Regional Fire Authority Plan have been transferred in accordance with Section 7 of the Regional Fire Authority Plan; provided, that Information Technology equipment listed in the INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 6 of 15 i Appendices shall not be transferred to the RFA; and provided further that in the event any Exhibit provides for Something other than a transfer, such Exhibit shall control. Upon transfer of vehicles, equipment, and property that must by law be registered, the RFA shall take all necessary steps to transfer title to the RFA and register the vehicles, equipment and property in the name of the RFA within the time requirements of state law. All vehicles, equipment, and property are being transferred "as-is, where is, without warranties, express or implied," and the RFA shall defend, indemnify, and hold the City harmless from any and all injuries or damages to persons or property that may be occasioned in any manner whatsoever by the vehicles and equipment, whether those damages or injuries are suffered by agents, employees, officials, or assigns of the RFA or by third-parties. C. City of Kent Project Accounts and Reserve Cash Funds. The City Project Accounts and reserve Cash Funds identified in Appendix D of the Regional Fire Authority Plan were transferred in accordance with Section 7 of the Fire Authority Plan. D. Other Assets. It is anticipated that some assets relating to the provision of fire services may not have transferred pursuant to the Regional Fire Authority Plan. Any assets not contained within the Regional Fire Authority Plan shall be transferred only by a separately negotiated written agreement between the City and the RFA. XII. WAIVER OF FIRE BENEFIT CHARGE As partial consideration for the services provided by the City pursuant to this Agreement, all personal property and improvements to real property now owned by the City or owned by the City at a future date shall be exempt from any fire benefit charge or service benefit charge otherwise imposed by the RFA pursuant to the Regional Fire Authority Plan or Chapter 52.26 RCW. XIII. PAYMENT A. Payment. Payment for the services provided by the City to the RFA, and for the services provided for by the RFA to the City, is set forth in Exhibits B through K of this Agreement. Payment shall be calculated either on a pre- established, per-year cost of service basis, on an hourly basis, or, in the case of units provided, on a cost per-unit basis. Payment for the services set forth in Exhibits B through K shall be made in accordance with this Section XIII. B. Time for Payment. Unless as otherwise provided in Exhibits B through K, payments shall be made as follows: i1. Payments Dependent on Pre-Established Per-Year Cost. In the case of any costs of services that are established on a per-year INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE 1 DEPARTMENT REGIONAL FIRE AUTHORITY - Page 7 of 15 basis, such costs shall be divided into twenty-four (24) equal payments paid on the 151h day of each month and the last day of each month; provided, for the remainder of the year 2010, such costs shall be divided into twelve (12) equal payments, payable on the 15th day of each month and the last day of each month. 2. Payments Dependent on Hours Worked. In the case of payments which are based upon the number of hours worked, the party providing the service shall, by the 15th day of each month, submit an invoice for the hours worked in the previous month. For example, an invoice submitted by December 15th would cover the hours worked during November. Payment of the invoiced amount shall be due no later than thirty (30) calendar days from the date of the invoice. 3. Payments Made on Cost Per Unit Basis. In the case of payments which are based upon the number of units purchased, such as replacement parts, the party providing the units shall, by the 151h day of each month, submit an invoice for the units provided to the other party in the previous month. For example, an invoice submitted by December 15th would cover the telephones purchased during the month of November. Payment of the invoiced amount shall be due no later than thirty (30) calendar days from the date of the invoice. C. Failure to Submit Invoice. The failure of one party to submit an invoice for services to the other party within the timeframes provided in this Agreement shall not result in a waiver of the requirement of the other party to pay for those services; provided that the failure of a party to invoice the other party for a period in excess of thirteen (13) months from the date the services were rendered shall result in a complete waiver and release from any obligation to pay for that service, unless otherwise agreed to by the parties. D. Disputed Amounts. In the event that there is a dispute regarding the 1 amount of money owed by a party, any undisputed amounts shall remain due and payable in accordance with the payment dates and terms established in subsection XIII(B) above. As to any remaining disputed amount, the Committee shall make every effort to resolve that dispute. In the event that the Committee is unable to resolve the dispute, the only means of resolving that dispute will be by the dispute resolution process provided in Section XXII(B). E. Reconciliation of Amount Due After Termination. Within thirty (30) calendar days of the effective date of this Agreement's termination, the parties shall submit to each other a final invoice consistent with the methods of invoicing required above. Final payment and settlement of accounts shall occur within ninety (90) calendar days of the effective date of termination of the Agreement. Any , disputed amounts will be resolved in accordance with the procedures in Section XIII(D) above. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES ' RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 8 of 15 XIV. ADMINISTRATIVE COMMITTEE TO ADMINISTER AGREEMENT To carry out the purposes of this Agreement, a two-person committee is hereby created to administer this Agreement ("Committee"). The Committee shall consist of the Mayor of the City of Kent and the Fire Chief, or their designees. The Committee shall meet no less than one (1) time per year to discuss the performance of the obligations of the City and the RFA pursuant to this Agreement; provided that either member of the Committee may call additional meetings as deemed appropriate. The Committee may, at its discretion and by mutual agreement of the parties, amend the Exhibits to this Agreement and may, at the Committee's option, develop bylaws, policies, and procedures to aid in the implementation of this Agreement. Unless otherwise specified in this Agreement, all decisions of the Committee must be unanimous. In the event of a dispute of the Committee, such dispute shall be handled in accordance with Section XXII(B) of this Agreement. XV. DURATION OF AGREEMENT This Agreement shall become effective on July 1, 2010. Should this Agreement be ratified by the governing bodies of the City and the RFA after July 1, 2010, this Agreement shall be effective retroactively as of July 1, 2010, and all acts consistent with this Agreement shall be deemed ratified by the City and the RFA. This Agreement shall remain in full force and effect until terminated as provided for in Section XVI. XVI. TERMINATION A. Restriction on Termination. Unless otherwise specifically provided in this Agreement or the Exhibits, this Agreement shall not be terminated prior to January 1, 2013, unless such termination is mutually agreed to by the parties. Pursuant to subsection B of this section, notice of a termination that is to occur on January 1, 2013, shall be provided no later than January 1, 2012. B. Termination by Notice. Except as limited by subsection A of this section, this Agreement, in whole or in part, may be terminated by either party upon providing the other party with 365 days' advance written notice of termination; provided that modifications in levels of service that do not involve a wholesale termination of a particular service shall be governed by Section VIII(I) of this Agreement, and provided further that in the event any of the attached Exhibits specify a different termination period, the period set forth in the Exhibit shall control over this subsection. C. Termination by Mutual Written Agreement. All or any part of the services provided by this Agreement may be terminated at any time by mutual written agreement of the parties. D. Termination for Breach. Either party may terminate this Agreement with thirty (30) days' advance written notice upon the failure of the other party to 1 INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 9 of 15 make timely payments or provide services as required by this Agreement. Failure to make timely payments or to provide the services required in this Agreement shall constitute a breach. In the event of a breach, the non-breaching party shall provide a written notice describing the breach to the breaching party, and the breaching party will have thirty (30) calendar days to cure the breach, unless that time period is extended by mutual agreement of the parties. If the breaching party fails to cure the breach in the allotted time, the non-breaching party may immediately terminate this Agreement. XVII. INDEMNIFICATION AND HOLD HARMLESS. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal Judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible for its own legal costs and attorneys' fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with Jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. XVIII. WORKERS COMPENSATION TO BE PROVIDED BY RFA As of July 1, 2010, employees of the RFA will no longer be covered under the City's ' workers' compensation program which is established pursuant to Title 51 RCW. XVIX. UNEMPLOYMENT INSURANCE TO BE PROVIDED BY THE RFA. As of July 1, 2010, the employees of the RFA will no longer be part of the City's unemployment self-insurance program. XX. LIABILITY INSURANCE. Effective no later than July 1, 2010, each party shall carry and maintain, for the duration of this Agreement, insurance coverage as described below. Coverages shall be written with an insurance carrier admitted in the state of Washington. General and Automobile Liability Insurance: Coverage for damages caused resulting in personal injury, property damage or advertising liability shall be provided. Coverage shall be in an amount not less than $5 Million per Occurrence. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES ' RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 10 of 15 I The insurance policies of each party shall name the other party and its officials, officers, employees, and volunteers, who are acting within the scope of this Agreement as additional named insureds for any and all actions taken by each party, its officials, officers, employees, and volunteers in the scope of their duties pursuant to this Agreement. The insurance policy or policies shall have a thirty (30) calendar days prior notice Of cancellation clause to be given to the other party, in writing, in the event of termination or material modification of the insurance coverage. The insurance shall be written on an "occurrence" basis, rather than a "claims-made" basis. In the alternative, each party may satisfy the requirements I of this section by becoming or remaining a participant in an authorized self- insurance pool in the State of Washington if that party can demonstrate protection equal to or greater than that specified herein. XXI. PROPERTY INSURANCE The City will continue to insure all buildings and equipment detailed below through December 31, 2010. The City will ensure the RFA is listed as an Additional Named Insured on the City's property insurance policy with regard to the property and equipment detailed below. Effective January 1, 2011, the RFA will be responsible for insuring all property and equipment detailed below, with the exception of the Fire Station 74/Police Fire Training Center Building, which will be insured by the City through its property insurance program. The RFA will provide evidence of insurance for the specified property by January 1, 2011. A. Property. ESTIMATED ESTIMATED CONST BUILDING CONTENTS REPLCMNT SQ. VALUE LOCATION NAME ADDRESS COST FOOTAGE 1 FIRE STATION #71 504 W CROW $1 068 539 10,180 $161,191 FIRE STATION #72 25630 - 140th SE $504,134 7,779 $72,445 1 FIRE STATION #73 26512 MILITARY RD $1 668,096 13,000 $138,128 AUXILIARY BLDG #1 $54,843 $630,873 AUXILIARY BLDG #2 $86,594 0 FIRE STATION #74(FIRE -HEADQUARTERS) 24523- 116TH AVE SE $2,677,228 29,554 $483,447 MODULAR BLDG $55,000 1,056 $60,000 STORAGE BLDG #1 $5 000 224 $60 000 STORAGE BLDG #2 $5,000 160 20 000 FIRE STATION#75 1563S-SE 272nd $2,075,900 14,000 $362 224 FIRE STATION #76 IN. INDUSTRIAL STN. 20676-72nd St.S. $1,192,239 10,621 $345,320 VEHICLE APPARATUS MAINTENANCE BLDG $867,568 12,705 FIRE STATION #77 20717 132ND Ave SE $2,981,125 13,500 362 224 17820-SE 256th St. FIRE STATION #78 Covington $5 200 000 ' INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 11 of 15 ESTIMATED ESTIMATED CONST. BUILDING CONTENTS REPLCMNT SQ VALUE LOCATION NAME ADDRESS COST FOOTAGE FIRE/ POLICE TRAINING CENTER 24611- 116th AVE SE DRILL TOWER $184 264 STORAGE BUILDING 407 Washington Ave. N. $262 406 TOTAL FIRE: STRUCTURE VALUES: $18 887 935 $2 695 852 B. Eauipment. ESTIMATED APP# YEAR MAKE/MODEL SERIAL LIC# CURRENT VALUE 700 1993 CHEV SUBURBAN 71578 24402C $5,000 713 2007 PIERCE QUANTUM TILLER 06814 42040D $949,000 705 2007 MedTec Aid Car 440OLP 86498 42045D $229,000 701 1999 FREIGHTLINER 78436 27296D $140,000 702 2003 ROAD RESCUE H555076 35741D $160,000 703 2003 ROAD RESCUE H555077 36130D $160,000 707 2003 FORD PICKUP 91395 65506C $30,797 709 2003 FORD EXPEDITION 14452 65754C $27,532 704 2005 MEDTEC AID CAR AD170 11388 40926D $173,393 1985 FORD 1 TON PICK-UP 32854 D34130 $5 000 706 2001 PIERCE ENGINE/AID 001533 34193D $350 000 ' 708 2001 PIERCE ENGINE/AID 001534 34194D $350,000 710 2004 PIERCE PUMPER 04034 38291D $455,727 712 2005 PIERCE PUMPER 04696 4696 $463,250 714 1986 PIERCE TANKER 040163 23852D $100,000 715 1996 SMEAL LADDER TRUCK Z18328 238460 $350,000 724 1998 FORD EXPEDITION 44365 25143D $20 000 727 1989 PIERCE ENGINE/AID CAR 040772 05741D $80 000 728 1989 PIERCE ENGINE/AID CAR 040785 05742D $80,000 730 19B9 PIERCE ENGINE/AID CAR 040808 23877D $80 0D0 731 1989 PIERCE ENGINE/AID CAR 040809 08874C $80,000 732 1989 PIERCE ENGINE/AID CAR 040810 08875C $80,000 733 1983 PORTABLE GENERATOR 9311XM D23270 $5 000 744 1990 BOUNDER BY FLEETWOOD 00215 08749D $150,000 754 1991 EZ LOAD TRAILER 13568 16010C $5 000 756 TORK-LIFT FOAM TRAILER 01638 08790D $1,500 760 1990 HACKNEY ISUZU 00640 10761D $100,000 764 1995 FORD F35C 4 X 4 66302 20618D $20,000 711 2006 DODGE RAM 44771 42600D $32,675 765 2000 INTERSTATE CARGO TRLR 09246 56348C $5,0D0 766 2001 PIERCE ENGINE/AID 001535 34195D $350 000 767 2001 PIERCE ENGINE/AID 001561 583B2C $350,000 INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 12 of 15 ESTIMATED APP# YEAR MAKE/MODEL SERIAL LIC# CURRENT VALUE 726 2007 TRAIL BLAZER(WMD) 412122 42041D 729 2006 TOP HAT TRAILER 276TO71417 735 WOOLDBRIDGE 20' ALASKAN II-BOAT WLG20153H809 Total of Vehicles/Equipment $5,387,874 XXII. MISCELLANEOUS A. Non-Waiver of Breach. The failure of either party to insist upon strict L 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. B. 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 or the Committee 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 arising from the parties' performance of this Agreement, each party shall pay all its own legal costs and attorneys' fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the parties' right to indemnification under this Agreement. C. Assignment. Any assignment of this Agreement by either party without the prior written consent of the non-assigning party shall be void. If the 1 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. D. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party and subject to ratification by the legislative body of each party. E. Compliance with Laws. Each party agrees to comply with all local, federal, and state laws, rules, and regulations that are now effective or in the future become applicable to this Agreement. F. Entire Agreement. The written terms and provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior communications, negotiations, representations or agreements, either verbal or written of any officer or other representative of each party, and such statements shall not be effective or be construed as entering into or forming a part of or INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY — Page 13 of 15 altering in any manner this Agreement. All of the Exhibits are hereby made part of this Agreement. G. Severability. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudicated. H. Interpretation. The legal presumption that an ambiguous term of this Agreement should be interpreted against the party who prepared the Agreement shall not apply. I. Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective upon personal service or three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. J. 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. K. Calendar Days. The word "days" as used in this Agreement shall mean calendar days unless the context otherwise specifically provides that business days are intended. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. RFA: CITY: Kent Fire Department City of Kent: Regional Fire Authority: By: By: Print Name: Print Name: Suzette Cooke Its Its Mayor DATE: DATE: INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 14 of 15 1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: City of Kent 220 Fourth Avenue South iKent, WA 98032 (253) (telephone) (253) 856- (telephone) (253) (facsimile) (253) 856- (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: rBrian Snure, Arthur "Pat" Fitzpatrick, Attorney for RFA Deputy City Attorney P\Crvd\Files\Open Files\1421-Regional Fire Authority\RFAInterlocalAgreemenFINAL072610 doc r r r r r r rINTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 15 of 15 EXHIBIT A TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES RECORDS MANAGEMENT 1.1 Record Ownership. a. RFA records ("RFA Records") shall include: 1 1. All records prepared, owned, used, or retained by the RFA related to the performance of its statutory and contractual duties on or after July 1, 2010. ii. All City Records actually received by the RFA pursuant to the RFA Plan or the interlocal agreement. 1 b. City records ("City Records") shall include: 1. All records of the Kent Fire Department prepared, owned, used, or retained by the City related to the performance and operation of the Kent Fire Department for all periods prior to July 1, 2010. ii. All records prepared, owned, used, or retained by the City in relation to Fire Prevention, Fire Investigations, and Emergency Management Services provided by the RFA to the City subsequent to July 1, 2010. ill. All records prepared, owned, used, or retained by the City related to the City's continuing obligations or services as specified in the RFA Plan 1 or by Interlocal agreement with the RFA. C. The parties recognize that physical custody of RFA Records or City Records is not determinative of whether the records are RFA Records or City Records and the parties shall work cooperatively in responding to requests for records made pursuant to the rules of subpoena or pursuant to the Washington ' State Public Records Act. 1.2 Records Custodian. Except as provided below, the RFA will be the primary record custodian of all RFA Records. The City will be the primary custodian of all City Records. The City shall transfer to the RFA the following City Records which, upon receipt by the RFA, shall also be considered RFA Records: 1 a. Personnel Files of all employees transferred from the City to the RFA. EXHIBIT A - RECORDS MANAGEMENT Page 1 1 b. Civil service files of all civil service employees transferred from the City to the RFA. C. Any other City Records identified in the future that both the City and the RFA agree should be in the custody of the RFA. 1.3 Cost of Transfer. The costs of transferring records shall be shared equally by the RFA and the City. Each party shall be responsible for costs of its own personnel required to transfer the records. 1.4 Requests for Records. The parties recognize that some City Records will be in the custody of the RFA and some RFA Records will be in the custody of the City. The parties establish the processes set forth in Sections 1.5 and 1.6 to provide a method of responding to records requests received through subpoenas and the Public Records Act, or records otherwise requested by the City or the RFA. The method set forth in this Exhibit A shall serve only as a guideline, and may be altered from time to time as necessary. 1.5 Requests for City Records in the Custody of RFA and Directed to or Received by the City. In the event the City receives a public records request, subpoena, or other request for City Records that are in the custody of the RFA, the following process shall be followed: a. The City will advise the RFA in writing that the request has been , received. The RFA will have five (5) business days to respond to the City with the records or a reasonable estimate of the time necessary to provide the City with the records. b. The RFA will provide copies, at its sole cost and expense and in the form requested by the City, either directly to the City or directly to the requestor as directed by the City. In the event the City receives payment for the copies provided to the requestor, the City shall forward such payment to the RFA. C. The City will remain responsible for communicating with the requester in compliance with all legal obligations. The City and the RFA shall jointly work to determine which records are to be disclosed to the requestor, and if the request was submitted under the Public Records Act, which records are exempt from disclosure. d. It shall be the responsibility of the City, and at the expense of the City, to defend any claim or lawsuit for a violation of the Public Records Act or laws relating to a subpoena, and pay any damages, fees, costs, or settlements relating to such claim or lawsuit; provided, that in the event the claim or lawsuit relates in any manner to City records in the sole custody of the RFA EXHIBIT A - RECORDS MANAGEMENT Page 2 that were not provided to the City by the RFA, then the RFA shall defend such claim or lawsuit and pay any damages, fees, costs, or settlements relating to such claim or lawsuit. The City and the RFA agree to cooperate fully in the defense of any such claim or lawsuit. If both the City and the RFA fail to produce all 1 records, they will cooperate in defense and each party will pay all its own legal costs and attorneys' fees. 1.6 Requests for RFA Records in the Custody of the City and Directed to or Received by the RFA. In the event the RFA receives a public records request, subpoena, or other request for RFA Records in the custody of the City, the following process shall be followed: a. The RFA will advise the City in writing that the request has been received. The City will have five (5) business days to respond to the RFA with the records or a reasonable estimate of the time necessary to provide the RFA with the records. ib. The City will provide copies, at its sole cost and expense and in the form requested by the RFA, either directly to the RFA or directly to the requestor as directed by the RFA. In the event the RFA receives payment for the copies provided to the requester, the RFA shall forward such payment to the City. tC. The RFA will remain responsible for communicating with the requester in compliance with all legal obligations. The City and the RFA shall jointly work to determine which records are to be disclosed to the requester, and if the request was submitted under the Public Records Act, which records are exempt from disclosure. d. It shall be the responsibility of the RFA, and at the expense of the RFA, to defend any claim or lawsuit for a violation of the Public Records Act or laws relating to a subpoena, and pay any damages, fees, costs, or settlements relating to such claim or lawsuit; provided, that in the event the claim or lawsuit relates in any manner to RFA Records in the sole custody of the City that were not provided to the RFA by the City, then the City shall defend such claim or lawsuit and pay any damages, fees, costs, or settlements relating to such claim or lawsuit. The parties agree to cooperate fully in the defense of any such claim or lawsuit. If both the RFA and the City fail to produce all records, they will cooperate in defense and each party will pay all its legal costs and attorneys' fees. 1 EXHIBIT A - RECORDS MANAGEMENT Page 3 EXHIBIT B rTO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES FIRE PREVENTION SERVICES 1.1 City Appointment of Fire Chief and Fire Marshal/Fire Code Official. For the purpose of enforcement of federal, state, and City laws relating to Fire Prevention Services, including but not limited to the International Fire Code (hereinafter "codes"), the Chief Officer of the RFA shall be considered the City's Fire Chief, and the Chief Officer assigned to the Fire Prevention Services Division shall be considered the City's Fire Marshal and Fire Code Official. 1.2 Fire Prevention Administration Services Provided to City. The RFA shall provide the following Fire Prevention Administration Services to the City: a. Direct the management and supervision of Fire Prevention Services Division personnel; b. Administer Fire Prevention Services Division programs and activities to include inspections, plan review, code enforcement, addressing, fire investigations, public education, assessment and collection of fees, document management, and payroll. C. Subject to City approval, create and adopt policies, procedures, rules, and regulations to clarify the application of the codes. d. Subject to City approval, create and develop forms, letters, and other documents to assist in the application of codes. e. Provide interpretations of codes. f. Approve materials, equipment, and devices used in construction, and the methods of construction to the extent that approval is authorized by the codes. g. Operate front counter for public access to the Fire Prevention Services Division. h. Perform accounting and payroll functions to include invoicing and/or billing of assessed fees, coordinating the collection of ' fees with the City's Finance Customer Services Division, time- keeping and completion of payroll documents. EXHIBIT B - FIRE PREVENTION SERVICES t Page 1 1 i. Document management, to include creating and maintaining division files, routing of development applications and plans, preparing and imaging retained documentation, and fulfilling public record requests. j. Permit process activities to include the logging and routing of plans, data entry of new applications, assembling and routing of completed application packages. k. Issue, print, and deliver permits. I. Process code complaints or inquiries from the public to include data entry, file creation, and routing of information. M. Schedule and conduct inspections for developers or contractors. n. Perform all duties necessary in order to enforce the codes. o. Evaluate the codes for local adoption and develop local codes or amendments for consideration by the City. P. Review and sign voluntary correction agreements. , q. Represent the Fire Chief on the City's Short Subdivision Committee. r. Perform all other tasks related to the provision of Fire Prevention Administration Services. 1.3 Fire Prevention Code Enforcement Services Provided to City. The RFA shall provide the following Fire Prevention Code Enforcement Services to the City: a. Initial fire and life safety inspections of new or relocated businesses. b. Inspections of businesses that are required to have fire code permit(s). C. Investigate and resolve public code violation complaints or inquiries. d. All code enforcement duties related to the fire codes as required by Chapter 1.04 KCC. e. Special inspections required by outside agencies such as Department of Defense, Department of Early Learning, Department of Social and Health Services, and private insurance companies. EXHIBIT B - FIRE PREVENTION SERVICES Page 2 i 1 f. Post-disaster building and system inspections and/or evaluations. g. Approval and review fire safety, emergency evacuation, lockdown, shelter-in-place, and hazardous materials management plans. h. Attend and provide testimony and exhibits at Code Enforcement Hearings before the City's Hearings Examiner, and upon appeal, if any, to court. i. Perform all other tasks related to providing Fire Prevention Code Enforcement Services. 1.4 Fire Prevention Development Services Provided to City. The RFA shall provide the following Fire Prevention Development Services to the City: a. Address program activities to include the creation, assignment, verification, issuance, and change of addresses. b. Manage the Knox/Supra rapid entry program. ' C. Provide development review program services to include answering project inquiries, attending meetings, reviewing plans for code compliance, and approving plans. d. Provide development inspection program services to include pre-construction meetings, inspections, troubleshooting fire protection systems, final acceptance tests, field review of basic permits, coordination with the Building Services Division for the issuance of Certificates of Occupancy. te. Provide economic development activities to include research of properties, systems and code requirements for potential projects and existing buildings. f. Approve hydrant placement on public and private projects. g. Perform hydrant flows to verify available water supply. h. Provide false alarm reduction program activities to include next day follow-up of false alarms from Fire Operations Division, coordinate with property owner/agent on repairs or troubleshooting, quality assurance of incident reports from false alarms, feedback to Fire Operations Division on next steps for problematic systems. EXHIBIT B - FIRE PREVENTION SERVICES Page 3 i. Provide fire protection system confidence test program activities to include evaluation of confidence tests provided by third- parties, issuance of correction notices and/or notices of violation, and drafting of voluntary correction agreements and field inspections. j. Provide Permit Center activities to include customer service, , answering phone calls, and meeting with customers and members of the public. k. Perform all other tasks related to providing Fire Prevention Development Services. 1.5 Timeline of Work Provided. All work performed by the Fire Prevention Division shall be performed pursuant to and within the timelines required of the codes, policies, and procedures of the City, and any state or federal laws applicable to the performance of that work. 1.6 Fire Prevention Services Staff Dedicated to City. The RFA will staff nine and one-half (9.5) positions for the provision of Fire Prevention Services to the City, including: a. A Fire Division Chief/Fire Marshal (Currently Jon Napier); b. Two (2) Captains/Assistant Fire Marshals (currently Ray Shlerven and Kevin Nee); C. Four (4) Firefighters/Deputy Fire Marshals (currently Tom Smith, Jeff Humenik, Don Barbarie, and Bruce Verhei); d. One (1) Administrative Assistant II (currently Paula Thayer); and e. One and one-half (1.5) Administrative Secretary II (currently Beth Peterson and Teri Nee). It is recognized that the City is paying for Fire Prevention Services at the above-stated staffing levels, and the RFA acknowledges that it will provide the level of service identified in this Exhibit. In the event a person occupying a position set forth above is on leave for any reason for a period of thirty (30) days or more, j the RFA shall, at no expense to the City, cover the position with another employee with sufficient experience and training to ensure the City is provided with the staffing level noted above unless the City agrees that such coverage is unnecessary. 1.7 RFA Staff Overtime Budget. Section 1.13 of this Exhibit B provides the agreed upon payment for any and all overtime worked by the RFA while providing Emergency Management, Investigation, and Fire Prevention Services for the City. Except as provided in the following paragraph, there shall be no additional consideration paid by the City to the RFA for overtime pay in excess of the amount provided in Section 1.13 of this Exhibit B. EXHIBIT B - FIRE PREVENTION SERVICES Page 4 There may be some disaster occurrences that are unanticipated. In the event of an ECC activation, the RFA shall take reasonable measures to reduce the costs of such ECC activation, and the CAO be consulted immediately to discuss the potential operational and overtime costs of the ECC activation. In the event of a Level 2 ECC activation lasting more than twenty-four (24) hours, or a Level 3 ECC activation, the City shall only be responsible for the cost of reasonable overtime work performed by the staff set forth in Section 1.6 above that is performed pursuant to the ECC activation. The City shall not be responsible for overtime performed by Fire Prevention staff who perform other RFA duties that normally would be the RFA's obligation to provide. For example, and not by limitation, the City would pay the overtime of a Fire Prevention staff person inspecting buildings as ' a result of an ECC Level 3 response, but would not pay the overtime of a Fire Prevention staff person performing shift or line work during the emergency. In the event a Fire Prevention staff person is absent and another staff member is called in to perform his or her work, all overtime costs occasioned by the replacement staff person shall be at the sole cost of the RFA. Any state or federal reimbursement for overtime or regular hours attributable to Fire Prevention staff work that was the City's responsibility shall be transferred back to the City. 1.8 Fire Marshal/Fire Code Official Reports to City's Mayor or Economic and Community Development Director. The City's Fire Marshal/Fire Code Official shall provide reports to the Mayor or the City's Economic or Community Development Director as requested. While the Fire Chief shall have the authority to direct the work of the RFA employees, the Mayor or the City's Economic or Community Development Director, shall be kept informed of the work performed by the RFA employees on behalf of the City, and shall have authority to set the desired outcomes of the Fire Prevention staff. 1.9 To Whom Services Provided. The City shall pay only for Fire Prevention Services provided to the City. The Fire Prevention Services Division may provide services to other agencies by interlocal agreement. In the event the RFA performs Fire Prevention Services for another agency in the future, the RFA shall, prior to entering an agreement with such other agency, provide notice to the City of the RFA's intent to provide services to the other agency, provide the City with the details of the services to be provided, and negotiate with the City the impacts, if any, that the service to the other agency may have on the service level provided to the City. In the event that such services result in an increased cost or decreased level of service to the City, such interlocal agreement for services shall require specific prior written authorization from the City. In the event that the RFA provides Fire Prevention Services to another agency without increasing the number of hours of work provided by the Fire Prevention Services Division staff identified in Section 1.6, the amount the City pays to the RFA for Fire Prevention Services shall be reduced by the value of the hours provided to the other agency. 1.10 Equipment to Perform Services. Office space shall be provided by the City at 400 West Gowe Street, Suite #414, Kent, WA; provided that the City may, 1 with reasonable notice, move the office space in order to meet the needs of the EXHIBIT B - FIRE PREVENTION SERVICES Page 5 City. The City will provide Information Technology equipment, including computers, computer servers, and computer programming, as well as telephone equipment and telephone services pursuant to the Information Technology Exhibit to the interlocal agreement. All other supplies and equipment required to perform the duties called for in this Exhibit B shall be provided by the RFA. For the purposes of performing the services called for herein, and for accounting the RFA shall have access to the City's KIVA system and JD Edwards accounting/billing system. 1.11 Grant Funds. From time to time, the RFA may apply for grant funding. ' Any grant funding that may directly affect the staffing levels of the Fire Prevention Division shall be first approved by the City. In the event that grant funding is obtained, such funding shall not, without specific City approval, increase the City's cost of Fire Prevention Services or in any manner bind the City to a certain staffing level. Moreover, any grant funding related to the work performed by the Fire Prevention Services Division for the City shall be applied in accordance with the Grant Guidelines to provide Fire Prevention Services. 1.12 Collection and Transmission of Fees and Charges. All money, fees, and charges of any kind collected or charged by the Fire Prevention Services Division for services within the City or as a result of the provision of Fire Prevention Services within the City shall be the sole property of the City and payable to the City. The RFA shall establish a standard procedure for the charging and collection of fees and charges as directed by the City's Finance Department, and shall immediately transmit all such money collected to the City. , 1.13 Cost of Fire Prevention Services. In accordance with the Regional Fire Authority Plan, the City shall pay the RFA for Fire Prevention services an amount equivalent to the funding approved by the City Council in the adjusted budget, which was approved by the City Council on June 8, 2010. Beginning in 2011, the City shall pay the RFA $1,802,726.00 annually for the Fire Prevention Services provided by the RFA; provided, that the amount specified shall be adjusted beginning January 1, 2011, as provided in Section 1.14 of this Exhibit; and provided further, that a total of $67,999.00 shall be the amount the City pays the RFA for overtime worked in Fire Prevention, the Office of Emergency Management and Fire Investigation Services; and provided further, that additional overtime may be charged to the City only in accordance with Section 1.7 of this Exhibit B and Section 1.3 of the Office of Emergency Management Exhibit C. 1.14 Cost Adjustments. On January 1 of each year, the cost of Fire Prevention Services and Fire Investigation Services as set forth in Section 1.13 shall be adjusted by the lesser of either 100% of the Seattle/Tacoma/Bremerton CPI-W percentage increase for the period of June to June, or the amount of pay increase pursuant to the Collective Bargaining Agreement negotiated between the RFA and RFA firefighters. EXHIBIT B - FIRE PREVENTION SERVICES Page 6 EXHIBIT C TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES OFFICE OF EMERGENCY MANAGEMENT 1.1 Services Provided to City. The RFA shall provide the following Emergency Management Services to the City: a. Administer all emergency management programs. b. Ensure that plans, programs, and training are in compliance with federal and state standards. C. Ensure that adequate training is provided to meet federal mandates. However, the RFA will not be responsible if City staff does not participate or meet these mandates. d. Manage and oversee the Emergency Coordination Center ("ECC) and emergency operations. e. Maintain and update the following plans in accordance with state and federal requirements, as well as any other plans that are required pursuant to future state and federal requirements: 1. Comprehensive Emergency Management Plan; 2. Hazardous Materials Emergency Response Plan; 3. Local Hazard Mitigation Plan; 4. Hazardous Identification and Vulnerability Analysis; and 5. Homeland Security Exercise and Evaluation Program. f. Apply for and manage all disaster recovery grants, Emergency Performance Grants, and other public assistance grants. ' g. Represent the City and actively coordinate and participate on local and regional groups, committees, and associations to further emergency preparedness, and to keep current on emergency management issues facing the region and the City. The participation may include the following groups, committees, EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT Page 1 or associations, as well as any new local or regional Emergency Management Related groups: 1. Emergency Management Advisory Committee; 2. Training and Exercise Sub-Committee; 3. King County Citizen Corps Sub-Committee; 4. City of Kent Emergency Planning Committee; 5. Regional Strategic Planning Group; 6. Regional Catastrophe Planning Group; 7. Regional Disaster Planning Committee; and ` 8. Region 6 Homeland Security. ' h. Continue to manage and oversee the Local Emergency Planning Committee in accordance with federal, state, and City statutes, regulations, and policies. i. Prepare City staff and residents for emergencies by providing the following training: 1. National Incident Management System Training; 2. Emergency Coordination Center Position Training; 3. Department Operation Center Training; 4. Community Emergency Response Training; 5. School Emergency Response Training; 6. Business Emergency Response Training; ' 7. Flood Preparedness Training; and 8. Debris Management Training. I. Maintain the City's designation as a Storm Ready City. k. Perform all other tasks related to providing Emergency ' Management Services. EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT Page 2 t1.2 RFA Staff Dedicated to City Office of Emergency Management. The RFA will staff four (4) positions for the City's Office of Emergency Management: a. A Division Chief/Emergency Manager (currently Dominic Marzano); b. A Firefighter/Program Manager (currently Brian Felczak); C. A Program Coordinator (currently Kimberly Behymer); and d. An Emergency Management Specialist (currently Jennifer ' Keizer). It is recognized that the City is paying for Emergency Management services at the above-stated staffing levels and the RFA affirms that it will provide the level of service identified in this Exhibit C. These staff members are dedicated to provide City Emergency Management Services and the City shall not be charged for services that normally would be the RFA's obligation to provide. In the event a person occupying a position set forth above is on leave or works a different shift for any reason for a period of thirty (30) days or more, the RFA shall, at no expense to the City, cover the position with another employee familiar with and adequately trained to provide Emergency Management Services in order to ensure the City receives the staffing level noted above unless the City agrees that such coverage is unnecessary. 1.3 RFA Staff Overtime. Section 1.13 of the Fire Prevention Services Exhibit B provides the agreed upon payment for any and all overtime worked by the RFA while providing Emergency Management, Investigation, and Fire Prevention Services for the City. Except as provided in the following paragraph of this Section ' 1.3, there shall be no additional consideration paid by the City to the RFA for overtime worked in excess of the amount provided in Section 1.13 of the Fire Prevention Services Exhibit B. ' There may be some disaster occurrences that are unanticipated. In the event of an ECC activation, the RFA shall take reasonable measures to reduce the costs of such ECC activation, and the City's Mayor be consulted immediately to discuss the potential operational and overtime costs of the ECC activation. In the event of a Level 2 ECC activation lasting more than twenty-four (24) hours, or a Level 3 ECC activation, the City shall only be responsible for the cost of reasonable overtime work performed by the staff set forth in Section 1.2 above that is performed pursuant to the Emergency Management function as described in this Exhibit C The City shall not be responsible for overtime performed by Office of Emergency Management staff who perform other RFA duties that normally would be the RFA's obligation to provide. For example, and not by limitation, the City would ' pay the overtime of an Office of Emergency Management staff person working in the ECC during an emergency, but would not pay the overtime of an Office of Emergency Management staff person performing shift or line work during the emergency. In the event an Office of Emergency Management staff person is absent and another staff member is called in to perform his or her work, all EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT Page 3 overtime costs occasioned by the replacement staff person shall be at the sole cost of the RFA. Any state or federal reimbursement for overtime or regular hours attributable to Office of Emergency Management staff work that was the City's responsibility shall be transferred back to the City. 1.4 Authority of City's Mayor. While the Fire Chief shall have the authority to direct the work of the RFA employees, the City's Mayor shall be kept informed of the work performed by the RFA employees on behalf of the City, and shall have , authority to set the desired outcomes of the Office of Emergency Management. 1.5 To Whom Services Provided. The City shall pay only for Emergency , Management Services provided to the City. The Office of Emergency Management may provide Emergency Management services to other agencies by interlocal agreement. In the event the RFA performs Emergency Management services for another agency, the RFA shall, prior to entering into an agreement with such other agency, provide notice to the City of the RFA's intent to provide services to the other agency, provide the City with the details of the services to be provided, and negotiate with the City the impacts, if any, that the service to the other agency may have on the service level provided to the City. In the event that such services result in an increased cost or decreased level of service to the City, such interlocal agreement for services shall require specific prior written authorization from the City. In the event that the RFA provides Emergency Management Services to another agency without increasing the number of hours of work provided by the Office of Emergency Management staff identified in Section 1.2 above, the amount the City pays to the RFA for Emergency Management Services shall be reduced by the value of the hours provided to the other agency. 1.6 Collection and Transmission of Fees and Charges. All money, fees, and charges of any kind collected or charged by the Office of Emergency Management or as a result of the provision of Emergency Management Services for , the City shall be the sole property of the City and payable to the City. The RFA shall establish a standard procedure for the charging and collection of fees and charges as directed by the City's Finance Department, and shall immediately ' transmit all such money collected to the City. 1.7 Grant Funds. From time to time, the Emergency Management Services Division will apply for grant funding. Any grant funding that may directly affect the staffing levels of the Office of Emergency Management as set forth in Section 1.2 shall be first approved by the City. In the event that grant funding is obtained, such funding shall not, without specific City approval, increase the cost to the City of Emergency Management Services or in any manner bind the City to a certain staffing level. Moreover, grant funding relating to the work performed by the Office of Emergency Management for the City shall be used in accordance with the Grant guidance to provide Emergency Management Services. 1.8 RFA to Provide Equipment to Perform Services. All office space, supplies, and equipment will be provided by the RFA at 24523-116th Ave S.E, Kent, WA; provided, the City will provide information technology equipment, including EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT Page 4 computers, computer servers, and computer programming, as well as telephone equipment and telephone services pursuant to the interlocal agreement. Further, ' the City will provide the ECC its current location at 24523-116th Ave S.E, Kent, WA. 1.9 Reoort Regarding Services Provided. The Division Chief/Emergency ' Manager, or the most senior officer of the Office of Emergency Management, shall, no less than quarterly, provide a written report to the CAO regarding the past, present, and future functions of the Office of Emergency Management, and shall ' provide the CAO with the quarterly reports required of the interlocal agreement. 1.10 Cost of Emergency Management Services. In accordance with the ' Regional Fire Authority Plan, the City shall pay the RFA for Emergency Management Services an amount equivalent to the funding approved by the City Council in the adjusted budget which was approved by the City Council on June 8, 2010. Beginning in 2011, the City shall pay the RFA $520,620.00 annually for the Emergency Management services provided by the RFA; provided, that the amount specified shall be adjusted beginning January 1, 2011, as provided in Section 1.11 of this Exhibit C, and provided further, that pay for overtime in accordance with Section 1.3 of this Exhibit shall be paid in accordance with the payment section of the interlocal agreement. 1.11 Cost Adjustments. On January 1 of each year, the cost of Emergency Management Services as set forth in Section 1.10 shall be adjusted by the lesser of either 100% of the Seattle/Tacoma/Bremerton CPI-W percentage increase for the period of June to June, or the amount of pay increase pursuant to the Collective Bargaining Agreement negotiated between the RFA and RFA firefighters. 1.12 Crisis Intervention Coordinator. The RFA shall employ a Crisis Intervention Coordinator. The Crisis Intervention Coordinator shall serve equally 1 the RFA and the City. The RFA shall pay the salary and benefits of the Crisis Intervention Coordinator and provide the Crisis Intervention Coordinator with a vehicle which shall be utilized for the performance of his or her duties; provided, ' the City shall pay $30,000.00 to the RFA and provide the Crisis Intervention Coordinator with office space, a telephone, and a computer as consideration for equally using the services of the Crisis Intervention Coordinator. The amount specified in this Section 1.12 shall be in addition to the amount set forth in Section 1.10 of this Exhibit. The duties of the Crisis Intervention Coordinator shall be consistent with a job description that shall be developed by the RFA and the City jointly. The Crisis Intervention Coordinator shall remain an at-will employee of the RFA at all times. EXHIBIT C - OFFICE OF EMERGENCY MANAGEMENT ' Page 5 EXHIBIT D ' TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL ' FIRE AUTHORITY FOR THE DIVISION OF SERVICES FIRE INVESTIGATION SERVICES 1.1 Services Provided to City. The RFA shall provide the following Fire ' Investigation Services to the City: a. Investigate the cause and origin of fires, interview suspects and ' witnesses, examine fire scenes, document findings and prepare reports, collect and protect evidence, arrest and transport suspects, cooperate with prosecutors, file cases in court, be available for interviews and courtroom testimony, and other associated duties. ' b. Investigate all fires that are arson, suspicious, injurious, and fires with a loss of $10,000 or more. C. Coordinate arson investigation activities with the Kent Police ' Department as necessary. d. Identify juvenile fire setters and coordinate intervention and counseling. e. Staff the 24/7 Fire Investigation Unit by responding to all 1 working fires when requested. f. Participate in the Alcohol Tobacco and Firearms (ATF) Puget Sound Arson Explosives Taskforce by Memorandum of Understanding. g. Participate in regional and state fire investigative organizations and activities. h. Perform all other tasks related to providing Fire Investigation Services. ' 1.2 Commissioned Investigators. Investigators who perform the fire investigation services shall retain no less than a limited commission as a law enforcement officer in the City as determined by the Police Chief. EXHIBIT D - FIRE INVESTIGATION SERVICES ' Page 1 1.3 Uniformed Police Officer When Arrest Made. Every effort shall be made to have a uniformed commissioned police officer present when making an arrest in the City. ' 1.4 Evidence Retention. All evidence gathered during the criminal investigation of a fire or other event for which Fire Investigative Services are provided shall be maintained by the evidence custodians of the City's Police Department pursuant to the policies and procedures for the maintenance of evidence set forth by the City's Police department. ' 1.5 Inform Police Chief. The Fire Investigation Services Division shall make every attempt to keep the City's Police Chief or his or her designee informed , as to the status of all fires in the City that occur as a result of suspected or confirmed criminal conduct by providing status reports of investigations as the investigations evolve. ' 1.6 Fire Investigation Services Dedicated to City. Fire Investigation Services staff will be directly supervised by the RFA's Fire Marshal/Fire Code Official ' who also supervises the Fire Prevention Services Division. The RFA will staff three (3) positions for the provision of City Fire Investigation Services, including: a. A Captain (currently Eric Pedersen); and b. Two (2) Firefighters (currently Fritz Winniger and Rusty Olsen). It is recognized that the City is paying for Fire Investigation Services , at the above stated staffing levels and the RFA affirms that it will provide the level of service identified in this Exhibit D Further, these staff members are dedicated to provide City Fire Investigation Services and the City shall not be charged for services that normally would be the RFA's obligation to perform. In the event a person occupying a position set forth above is on extended leave for any reason for a period of thirty (30) days or more, the RFA shall, at no expense to the City, cover the position with another employee familiar with and adequately trained to provide Fire Investigation Services in order to ensure the City receives the staffing level noted above unless the City agrees that such coverage is unnecessary. 1.7 RFA Staff Overtime Budget. Combined, the four (4) positions shall work shifts in a manner that provides Fire Investigation Services to the City twenty- four (24) hours a day, seven (7) days per week. Section 1.13 of the Fire Prevention Services Exhibit B provides the agreed upon payment for any and all overtime worked by the RFA while providing Emergency Management, Investigation, and Fire Prevention Services for the City. 1.8 Valley Regional Fire Authority (VRFA) Staff. The RFA also currently uses a Fire Investigator employed by VRFA. The VRFA investigator works for the RFA pursuant to an interlocal agreement between the RFA and VRFA, which was established prior to the formation of the RFA and which expires on August 15, 2010. The purpose of having the VRFA investigator work as a member of the City's Fire Investigation Services Division was to permit the staffing of a Fire Investigator EXHIBIT D - FIRE INVESTIGATION SERVICES Page 2 1 etwenty-four (24) hours per day, seven (7) days per week. The RFA and the VRFA will attempt to negotiate a new interlocal agreement that retains the VRFA ' investigator beyond December 31, 2010, in such a manner as to maintain the level of service to the City provided by the interlocal agreement and this Exhibit D without additional cost to the City. Nothing in this Exhibit D shall bind the City to any relationship with VRFA for the provision of the Fire Investigator, and nothing in this Exhibit shall delegate authority to the RFA to bind the City to any relationship with VRFA. The Fire Investigation Services Division may provide Fire Investigation Services to other agencies by interlocal agreement. In the event the RFA performs Fire Investigation Services for another agency in the future, the RFA shall, prior to entering an agreement with such other agency, provide notice to the City of the RFA's intent to provide services to the other agency, provide the City with the details of the services to be provided, and negotiate with the City the impacts, if any, that the service to the other agency may have on the service level provided to the City. In the event that such services result in an increased cost or decreased level of service to the City, such interlocal agreement for services shall require specific prior written authorization from the City. In the event that the RFA provides Fire Investigation Services to another agency without increasing the ' number of hours of work provided by the Fire Investigation Services Division staff identified in Section 1.6, the amount the City pays to the RFA for Fire Investigation Services shall be reduced by the value of the hours provided to the other agency. ' 1.9 Fire Marshal/Fire Code Official Reports to City's Police Chief. The City's Fire Marshal/Fire Code Official shall provide official reports to the City's Police Chief on request. While the Fire Chief shall have the authority to direct the work of the RFA employees, the City's Police Chief shall be kept informed of the work performed by the RFA employees on behalf of the City, shall have authority to set the desired ' outcomes of the Fire Investigation staff, and may establish policies and procedures for the conduct of the work of the Fire Investigations staff related to police action/enforcement. ' 1.10 RFA to Provide Equipment to Perform Services. Office space shall be provided by the City at 400 West Gowe Street, Suite #414, Kent, WA; provided ' that the City may, with reasonable notice, move the office space in order to meet the needs of the City. The RFA shall provide station/sleeping quarters to Fire Investigators, as well as all office supplies, vehicles, and equipment not identified I as being provided by the City. The City will provide Information Technology equipment, including computers, computer servers, and computer programming, as well as telephone equipment and telephone services pursuant to the interlocal agreement. 1.11 Fire Investigator Equipment Provided by City. The City, through its Police Department, will provide a firearm with holster, ballistic vest, ammunition, and related equipment to the City Fire Investigators, as well as police training regarding the use of such equipment. EXHIBIT D - FIRE INVESTIGATION SERVICES Page 3 1.12 Report Regarding Services Provided. The Fire Marshal/Fire Code Official shall, no less than quarterly, provide a written report to the City's Mayor and the Police Chief regarding the past, present, and future functions of the Fire ' Investigation Services Division, and shall provide the Mayor with the quarterly reports required of the interlocal agreement. 1.13 Grant Funds. From time to time, the RFA may apply for grant funding. Any grant funding that may directly affect the staffing levels of the Fire Investigation Services Division shall first be approved by the City. In the event that ' grant funding is obtained, such funding shall not, without specific City approval, increase the cost to the City of Fire Investigation Services or in any manner bind the City to a certain staffing level. Moreover, grant funding related to the work ' performed by the Fire Investigation Services Division for the City shall be used in accordance with the grant guidelines to provide Fire Investigation Services. 1.14 Collection and Transmission of Fees and Charges. All money, fees, and charges of any kind collected or charged by the Fire Investigation Services Division for services within the City or as a result of the provision of Fire Investigation Services within the City shall be the sole property of the City and payable to the City. The RFA shall establish a standard procedure for charging and collecting fees and charges as directed by the City's Finance Department, and shall immediately transmit all such money collected to the City. 1.15 Cost of Fire Investigation Services. Beginning July 1, 2010, and in accordance with the Regional Fire Authority Plan, the City shall pay the RFA for Fire Investigation Services an amount equivalent to the funding approved by the City Council in the adjusted budget, which was approved by the City Council on June 8, ' 2010. Beginning on January 1, 2011, the City shall pay the RFA $384,704.00 annually for the Fire Investigation Services provided by the RFA; provided, that the amount specified shall be adjusted beginning January 1, 2011, as provided in Section 1.16 of this Exhibit D. 1.16 Cost Adjustments. On January 1 of each year, the cost of Fire ' Investigation Services as set forth in Section 1.15 shall be adjusted by the lesser of either 100% of the Seattle/Tacoma/Bremerton CPI-W percentage increase for the period of June to June, or the amount of pay increase pursuant to the Collective Bargaining Agreement negotiated between the RFA and RFA firefighters. EXHIBIT D - FIRE INVESTIGATION SERVICES Page 4 ' EXHIBIT E ' TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL ' FIRE AUTHORITY FOR THE DIVISION OF SERVICES SHOWARE CENTER 1.1 Emergency Medical Presence. Unless otherwise provided in the ' operational agreement between the City and the operator/manager ("SMG") of the ShoWare Center, the RFA shall provide an emergency medical presence at the ShoWare Center during all ShoWare events in which attendance at the event is expected to be 750 or more attendees at any one time or over the course of one (1) day of the event. For the purposes of this Exhibit E, the term "emergency medical presence" shall mean the attendance at a ShoWare event of at least two (2) RFA employees who are of the rank of firefighter or higher. 1.2 Services to be Provided at no Charge for Certain Events. The RFA shall provide a medical presence at all Thunderbirds hockey games, arena football ' games, and lingerie football games, and shall not charge the City or SMG for the emergency medical presence at these events. 1.3 RFA May Charge for Other Events. The RFA will charge SMG for the emergency medical presence for any event not specified in Section 1.2 of this Exhibit E. The actual costs of providing the emergency medical presence shall be based on the Washington State Fire Chiefs Association current rate schedule. 1.4 RFA to Have Access to ShoWare Facilities. For the purpose of ' providing an emergency medical presence at the ShoWare Center, the RFA shall have access to a room in which to perform examinations of patients and provide emergency medical services, and shall have access to telephones and a computer ' for the purposes of communications and report writing. EXHIBIT E - SHOWARE CENTER ' Page 1 1 1 EXHIBIT F TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES INFORMATION TECHNOLOGY - TELEPHONE - INFORMATION MANAGEMENT SERVICES 1.1 Purpose. This Exhibit F details the agreement between the City and the RFA for the City's provision of Information Technology Services ("IT Services") to the RFA by the City of Kent's Information Technology Department ("IT"). This ' Exhibit F describes the scope of work and responsibility for all parties as it relates to the ownership, operation, maintenance, and repair of the data, telecommunications, networking infrastructure, and associated systems and ' applications installed for the operation of the RFA. 1.2 Maintenance of Supported Systems. IT has installed and will maintain ' the telecommunications, cable plant, data network, computers, multi-function devices, servers, applications, and associated servers specifically identified in Table 1, Supported Systems ("Supported Systems"), for the RFA pursuant to the terms of this Exhibit F. IT will keep the supported systems operational on an "as-is" basis, consistent with the operational level the City provided to the Supported Systems and hardware as of June 30, 2010; provided, any upgrades to the City's system that occur after June 30, 2010, which affect the operability of the supported systems, will be kept operational at the upgraded level. Application support shall be limited to the correction of problems that prevent proper operation ,of an ' operating system or supported software or application that was owned by the City and utilized by the Kent City Fire Department on June 30, 2010. To this end, the RFA accepts the operational level and capabilities of the City's Supported Systems in an "as-is" condition as of June 30, 2010. SUPPORTED SYSTEMS* SYSTEM LOCATION Telecommunications Telephone Switch ear Telephone Sets IP Not to include installation Telephone Sets (Analog) Not including installation Telephone Signal Server Cross Connections to PSTN Provisioned Data Circuits ISDN Cell Phones Pagers ' ECC Message Center Rollover Switch Cable Plant Cat 5/6e Network Cabling EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 1 SUPPORTED SYSTEMS* SYSTEM LOCATION Data Network Internet Connectivity Data Firewall Network Switch Equipment Computers City Computers in RFA Offices and Spaces Mobile Data Computers Multi-Function Devices MFDs Multi-Function Devices MFDs / Copiers Servers Email (Exchange) Active Directory/Domain Controller File Server Outlook Web Access Blackberr /SmartPhone Microsoft Exchange Hosted SPAM Filter Applications &Associated Servers that are Current Standard & Maintained as of June 30 2010 RescueNet FireRMS/M FireRules (SQL Database Support Only) SMS Feed for FireRMS Oracle Imaging/Scanning Permitting Kiva ' Web A - Resident Request Tracking ArcGIS Tiburon - Police RMS CAD GUI Mobile Share Point Cit S ace/Teams ace Code Red - Emergency Notification Crystal Enterprise Reporting Sta eIT Dynamics GP (SQL Database Support Only) Netmotion CAD Mobile GUI Internet Explorer Microsoft Office Workstation Operating System Adobe Acrobat Pro Software Microsoft Visio Microsoft Project * Table 1. Supported Systems 1.3 Cost of Maintenance of Supported Systems. Addendum A to this Exhibit F represents a baseline estimate of the costs associated with the maintenance of the Supported Systems described in Table 1 and set forth in Section 1.2 of this Exhibit. IT staff time for Supported Systems is built Into and represented in the baseline estimate set forth in Addendum A to this Exhibit F. There are additional City staff costs that will be chargeable to the RFA for the Additional Services set forth in Section 1.4 of this Exhibit. The fee schedule for staff hours is set forth in Section 1.5 of this Exhibit. In addition, certain costs, referred to as Pass-Through Costs, are not included in Addendum A, and shall be assessed to the RFA as an additional charge. Those Pass-Through Costs are set forth in Section 1.6 of this Exhibit. EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 2 i 1.4 Additional Services Provided. Additional Services are not considered Supported Systems, are not captured in the cost estimate of Addendum A, and therefore, are subject to staff hourly charges. The Additional Services are as follows: a. Telephone, Computer, and Other IT Equipment Set Move/Add/Change. The RFA shall pay a separate charge for any move/add/change ("MAC") of any telephone set, computer, or other IT equipment, which will include the cost of any City staff time and any materials required to execute the MAC, including but not limited to any cables, computers, telephone sets, and equipment; provided, the RFA will be entitled to six (6) hours of IT service per month at no additional charge, and such service shall be considered part of the maintenance of supported systems. All staff time and materials will be invoiced to the RFA at the City's cost on a monthly basis. b. Support of Non-City Devices. Non-City devices are those devices that are not integrated into the City's IT systems and are either purchased privately by an RFA employee for business use or were purchased by the RFA in a process that does not ensure integration with the City's IT services and systems. With non-City devices, IT will make its best efforts to do the following at an additional cost to the RFA: 1. IT will provide its best efforts to establish and maintain data network or telecommunications connectivity and support. IT may, at its sole option, provide additional services beyond data network or telecommunications connectivity depending upon knowledge of the device or system and availability of staff, and at an additional cost to the RFA. 2. In the event of a device problem or failure, IT will provide its best efforts to replace the unit with a spare unit provided by the RFA, if available, and establish and maintain data network or telecommunications connectivity and support. C. Multimedia Services. Multimedia services are not considered supported systems, shall be performed only on a project-by-project basis, and will be subject to hourly staff rates. The Multimedia Division will develop and provide estimated costs for any projects requested by the RFA.. d. Unique Support Service Requests. The nature of the business activity within the offices and spaces occupied and managed by the RFA may require installation of unique or larger than normal scale equipment sets or configurations in order to support unique business needs. Some service requests may incur charges beyond the scope of covered services in the interlocal agreement between the RFA and the City, which may be provided by IT at an additional cost to the RFA. Without limitation, examples of these services are: T EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 3 1. Cable plant additions requiring installation and routing of Cat 5/6e or fiber optic cable. 2. Provision of network ports that would require the purchase of additional network switchgear or other support hardware. 3. Expansion of services that would require the purchase of additional hardware. 4. Addition or expansion of networked data services, software, and applications. In these situations, the costs, vendors, and other circumstances surrounding the service request must be mutually agreed to by the City and the RFA in writing prior to proceeding. It is recommended that the RFA request a planning meeting with IT at least three (3) weeks prior to such an event in order to completely plan and provide a scope of work and timeline for completion. 1.5 Additional Service Staff Costs. The Additional Services set forth in Section 1.4 are not considered Supported Systems under Table 1, are not set forth in Addendum A, and therefore, will result in additional staff charges to the RFA. Staff time for additional services shall be charged at the following rates: Technical Services Division: $65/hour , Systems Division Services: $93/hour Multimedia Graphics Services: $45/hour Multimedia Video Services: $65/hour PW GIS Division Services: $80/hour The above rates shall be adjusted on January 1 of each year by the lesser of 100% of the Seattle/Tacoma/Bremerton CPI-W for the period of June to June, or the amount of pay increased pursuant to the City's annual budgetary process. 1.6 Pass-Through Costs. The following costs and charges are not reflected in Addendum A and will be passed-through to the RFA on a monthly basis. a. Telephone Charges. The following telephone charges will be billed to the RFA: 1. Long Distance and Special Services and Charges. Long distance charges and special charges of the RFA, such as but not limited to calls to "information," and telephone- based alarm systems, using the City's telephone system will be charged at the rate charged to the City. 2. Cellular Phone Charges. All cellular service charges attributable to RFA employees, including but not limited EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 4 to monthly services charges, call charges, texting charges, application charges, and telephone hardware charges will be billed to the RFA at the rate charged to the City. 3. Pager Services. All pager service charges attributable to RFA employees, including but not limited to monthly services charges and pager hardware charges will be billed to the RFA at the rate charged to the City. b. Multifunction Device/Copier Fees. The monthly lease rate and fees of the multifunction devices/copiers used by the RFA are reflected in Addendum A. However, the per page charge for services related to, but not limited to, copies, printed or scanned documents, and facsimiles, is not included in Addendum A, and shall be charged to the RFA at the rate charged to the City on a monthly basis. C. Consultant and Contractor Costs. From time to time, IT utilizes contractors and consultants to perform various IT-related services. In the event that such services are needed to perform services related to the IT work performed for the RFA, IT staff will first meet with RFA staff to establish a cost estimate and scope of work. In the event the RFA agrees with the cost estimate and scope of work, the RFA shall be responsible for all costs of the consultant that are attributable to the scope of work agreed upon. e. Equipment and Material Costs. From time to time, the RFA will be required to replace failing technology equipment, or will purchase additional technology equipment. In the event that new equipment is needed or desired, IT staff will first meet with RFA staff to establish a cost estimate of the new equipment. In the event the RFA agrees with the cost estimate, the RFA shall be responsible for all costs of the new equipment. If the RFA chooses to purchase new equipment not supported by IT, the RFA is responsible for all costs of the new equipment and its maintenance through a party other than IT. 1.7 Costs for Kiva Permitting System and Tiburon System. It is understood that the Kiva Permitting System and the Tiburon System are systems that exclusively support City functions. Therefore, the costs of maintaining and operating such systems shall be costs of the City. 1.8 Equipment Ownership -Non-Transfer - New Equipment - Exceptions. The City shall retain and maintain sole ownership and title to all equipment related to IT Services owned by the City prior to July 1, 2010, including but not limited to personal computers, monitors, keyboards, mice and accessories attached to personal computers, mobile data computers, laptop computers, docking stations and keyboards, mice and accessories attached to and to accommodate laptop computers, printers, multi-function devices (copier/printer/scanner/fax machine), telephone switching equipment, telephone sets, cell phones, pagers, network switching and routing equipment, uninterruptible power supply units connected to EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 5 or supporting City owned equipment, cables, cords, racks and ancillary equipment operated and maintained by IT, servers, disk arrays, rack equipment and seismic protection equipment, software licenses for operating systems, applications, and databases. This Exhibit F shall in no way be interpreted to confer ownership or title to the aforementioned equipment to the RFA at any time prior to or following July 1, 2010. In the event the RFA needs to replace existing equipment, or desires to expand or upgrade its equipment, such replacement and expansion shall be at the sole cost of the RFA, and any new equipment purchased pursuant to such replacement or expansion shall be owned by the RFA; provided, that any equipment that is purchased by the RFA and integrated into the City-owned equipment in such a manner that future separation from City equipment will result in a cost to the City, the City shall become the owner of the equipment purchased by the RFA at no cost to the City or, in the alternative, the RFA shall reimburse the City for any costs of separation. Notwithstanding other representations made in this section, the following equipment shall remain the property of the RFA, and shall not be considered property of the City: Equipment Description Name Serial Number RescueNet Fire RMS Database Server FDDBP01 USE828NAZP Citrix Terminal Server SNPROCTXOP05 USE532C057 Citrix Terminal Server SNPROCTXOP06 USE532C056 SMS Server (production) FDAPP01 2UB439002S SMS Server (test) FDAPD01 UB4390054 Scanner in Fire Admin. DR-3080C CC307331 Scanner in Fire Prevention DR-3080CII DF323303 Scanner in FS #73 DR-3080CII DF312203 Blackberry Server TBD TBD WebEOC Server WebEOC E0CWBP01 1.9 Backups and Data Recovery. IT is responsible for data backup and recovery services. Except as provided in subsections (a) and (b) below, data backups are performed every twenty-four (24) hours, Monday through Friday, and server operating system and operating data files are backed up once per month. a. The following servers and data sets will be backed up: 1. Server operating systems and operating system files (monthly); 2. User Directories and Profiles; 3. Public (departmental/workgroup) directories, on file servers or attached storage; and 4. Email (email is backed up for purposes of system data recovery, and not for archiving purposes.). Recovery of specific emails from any given date may not be possible. EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 6 b. The following systems and data sets will not be backed up. 1. Data stored on individual PC hard drives; and 2. Any other systems not specifically named in the paragraph above. In the event that data recovery is necessary, the data recovery point will be the time of the last backup. In many cases, this will be twenty-four (24) hours or less. It is anticipated that the time it takes to recover data will generally be three (3) business days or less. RFA staff are to coordinate and work with IT staff on required backup and maintenance plans for any databases used in association with the applications identified in the Supported Systems set forth in Table 1. It is agreed that the backup system shall not be relied upon by the RFA as a data archiving system. The RFA understands that data not properly archived may be lost and not recovered by use of the backup system. The RFA will use its best efforts to procure, install, and maintain a data archiving system that complies with Washington regulations regarding the archiving of public records. The recovery of data for any purposes other than to recover from a system failure shall be at the sole cost of the RFA. 1.10 Problem Reporting, Priontization, and Response. RFA users needing IT service assistance should call ext 4266 to log the problem into the City's trouble ticket system. Once logged, the problem will be assigned a trouble ticket number and will be dispatched to an IT engineer for resolution. The IT engineer is responsible for contacting the user(s) and to establish a time that they will respond and begin work to resolve the issue. a. The table below lists the standard criteria and guidelines for response and resolution for reported problems. There may arise in the course of events that two (2) or more high or urgent priority calls are actively in the IT's queue, and the ability to respond according to the criteria and guidelines below may be impaired. An occurrence of this nature is contemplated to be rare. In the event that multiple issues are logged and are considered urgent or high priority, consideration will be given to responding first to issues that directly affect: 1) public safety, 2) life, 3) property, 4) business operations. b. For the purposes of Table 3 below, the terms that follow shall have the following definitions: 1. Response Time: The time elapsed from the time a problem is reported to the time that a service engineer contacts the customer to arrange for service. 2. Turnaround Time: The time elapsed from the time a problem is reported to the time that a final resolution to EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 7 the problem has been made, and the Issue/problem has been closed The turnaround times are guidelines and are not guaranteed. Turnaround times for Service Requests are as mutually agreed upon at the time the request Is entered, and may be amended by the City as necessary. 3. Alert: In cases of an urgent problem, or in cases of unusual or extreme failures, an alert indicates that upper IT Management has been notified of the problem, and are also directly Involved in the resolution process. 4. Service Request: Service requests are activities that are not problems or break/fix incidents. Examples of Service Requests are: • System moves; • Telecom moves, adds or changes (MACs); • Telecom system programming - volcemail, forwarding, call hunt, etc.; • New user account setup; • Software installation/training; • Database management or repairs beyond normal maintenance; • Data extraction/export, or translation; • Custom report development and preparation; and • Application development/enhancement or modifications. C. The RFA shall enter service requests as soon as the need is known, in order to allow as much lead time as possible for IT to plan and arrange the appropriate resources to accommodate the request. Requests received less than two (2) business days before their needed completion may not be completed in time. Priority Criteria Dispatch Response Turnaround Action Time Time Entire Site or Sites affected Immediate 1 - Urgent - unable to work - network, Alert and Immediate ASAP telecom , application or Dispatch server problem User or Users completely Immediate 2 - High unable to perform job Dispatch 30 Minutes 1 Business Day function due to problem User or Users able to perform job function on Dispatch 3 - Medium another machine or limited Queue 3 Hours 3 Business Days ability on affected machine(s) EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 8 Priority Criteria Dispatch Response Turnaround Action Time Time Inconvenience to user or Dispatch 4 - Low users Ability to perform 8 Hours 1 Week job function not affected Queue 5 - Service Not Break/Fix related - Dispatch 8 Hours As arranged Request moves adds changes etc ueue Table 3. Problem Prioritization and Response Times 1.11 Operations Hours. IT Service Desk Hours are 8 a.m. - 5 p.m., Monday through Friday. On-call emergency service is available for Priority 1 (urgent) service events. In these situations, the RFA shall contact IT's after hours service number (253-856-4616) to reach the on-call service engineer. After hours calls received that are not Priority 1 will be responded to on the next business day. 1.12 Service Availability Standards. The service availability standards set forth in Table 4 apply to services provided by and maintained by IT. They represent a target availability of the noted services. These standards are exclusive of planned or scheduled outages for maintenance or upgrade. Service or System Availability Standard ✓ Telephone System - Voice Calls Fax Calls - In/Outbound 99.999% "5 Nines" ✓ Voicemad 99 99% ✓ Internet Connectivity 99.99% ✓ Email Server Availability 99 99% �, ✓ Internet Email Transmitted/Received 99 99% ✓ File Server Availability 99 990/0 ✓ RFA Facilities Local Area Network Availability 99 990/0 -� ✓ Wide Area Fiber Optic Links - City Hall to RFA Sites 99 999% ✓ Wireless Network Access Points 99 00/0 Table 4. Service Availability Standards 1.13 Routine Scheduled Maintenance. The Table 5 below defines the scheduled maintenance windows for services, servers, and devices. Unless otherwise noted, all maintenance occurs on the first Saturday of each calendar month. In cases of some Saturdays that fall on or close to holidays, this schedule may be altered. Upon request, this schedule may be changed to accommodate other special requirements of the RFA; provided that the RFA shall cover all costs of such schedule change. Other minor "windows" may be added, or these published windows may be modified upon discussion and mutual consent of both parties. These adjustments to the schedule may be for convenience or necessity, but in no case will occur without mutual agreement by both parties. Service or Device Maintenance Window Core Network Services 0800 - 1000 Telecommunications 0700 -01100 Servers Email and File Server 0900 - 1200 EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 9 Service or Device Maintenance Window Domain Controller and Network Services 0900 - 1200 Active Director Server PC Workstations As Needed Other Devices As negotiated Table 5. Scheduled Maintenance Windows 1.14 Network, Email, Internet, and Social Media Policy. As a condition of the City providing IT Services to the RFA as set forth in this Exhibit F, the RFA shall, no later than September 1, 2010, establish Network, Email, Internet, and Social Media Policies consistent with City policies. The RFA shall also establish a policy relating to the use of the City's IT equipment, including computers, cell phones, and pagers, for RFA purposes no later than the September 1, 2010, deadline. IT shall have the authority to require prior approval of any policies established pursuant to this section, or to require amendment of any adopted policy if the policy places a burden on the City's operation of its Supported Systems. 1.15 Payment and Reconciliation. In consideration of the services set forth in this Exhibit, the RFA will pay the City in accordance with the payment terms of the interlocal agreement, as amended by this Exhibit. a. Payment. The City will invoice the RFA for IT Services on a monthly basis. That invoice will include the following; 1. 1/12 of the cost of maintenance of Supported Systems as set forth in Addendum A; 2. Additional Service staff costs attributable to Additional Services performed during the preceding month and reconciled on the current month's invoice; and 3. Any Pass-Through Costs attributable to the preceding month and reconciled on the current month's invoice. b. Reconciliation. At the conclusion of each calendar year, representatives of the City and the RFA will meet to reconcile the costs estimated by the parties to provide IT Services to the RFA with the actual costs incurred by the City in providing those services. This reconciliation meeting shall occur no later than January 315C of the following year. 1. Upon completing that reconciliation, the following will occur: (i) If the actual costs to provide IT Services to the RFA were less than what was anticipated, the RFA will receive a credit equal to that difference, which will be used to offset the next month's bill (and any immediately succeeding bills, if necessary) for any renewal or extension to the term provided for by this Exhibit. EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 10 (ii) If the actual costs to provide IT Services to the RFA were more than what was anticipated, billed, and paid by the RFA, the RFA will receive a debit, which will be added to the next month's bill for any renewal or extension to the term provided for by this Exhibit. 2. This annual reconciliation will ensure that: (i) The City is paid based on the actual costs incurred to support and maintain systems identified above; and (ii) The RFA does not pay the City for more than the actual costs incurred to support and perform the services identified under this Agreement. 3. Annual adjustments will be made to Addendum A after the annual reconciliation meeting and during the month of February to reflect the anticipated costs for providing services during the next renewal term of this Exhibit F as provided for in Section 1.16 below, based upon the actual costs incurred in providing those services during the preceding calendar year. In accordance with the terms of the interlocal agreement, annual adjustments are subject to Administrative Committee approval before becoming effective. During this annual update of Addendum A, any changes to the scope of services, supported infrastructure, and applications are to be reviewed and agreed upon by both parties, and approved by the Administrative Committee. 1.16 Term. The initial term of the services provided pursuant to this Exhibit F will be for the period of July 1, 2010, through December 31, 2011. If IT Services are to be extended to the RFA beyond December 31, 2011, the parties will negotiate that term extension and the costs of those IT Services to be provided no later than October 1, 2011, and those negotiations may result in an amendment to this Exhibit F. The term of the services provided under the interlocal agreement and this Exhibit shall align with the City's calendar year budget. 1.17 Amendments to Exhibit F. As provided for in the interlocal agreement, this Exhibit F may be amended at anytime by written authorization of the Administrative Committee. EXHIBIT F - INFORMATION TECHNOLOGY, TELEPHONE, INFORMATION MGMT SERVICES Page 11 Il n lD L!, N Il O O 0, O I- 0, Ln 00 V O O O t-4 r� Ln N lD 0, aA Ln O N O ZD 1, dl N V Ln O .q Q O 0, O, N V a> V O LD O Ol t0 Lf1 M 0, V V r, O N O V 0) Vl n V to V V). V V Ol LD C LQ N M M y M LD N I-i N Ol O M li 1 111 00 M Ol 00 I, N ^ LL : N r- 00 Cf N N lD M c-I O, I� 00 M V V Q N N to V? 1-4AAk c-1 Ln V/ Ln Lf, lD lD N N M Ln 1 0 u d n ai a, LL O O a Y u 0 c aui O 00 Y A O 0 00 y C N a+ ♦+ ~ ,O L LL to ,C Y al Y M Y C N N N i O O O U w C H 1 C _ VI N N O Y 0 N W no C u O Y 0 f6 m a`) v u u C u Y Q > Um M u m Ln c Co u F- E Ln V - \ ai 7i H E v U fl_ O YvOi to f0 3 Y L 2 T Ql C O of a C (G w } H LU C LL a) w -aO_ ate-. D_ aJ Y K O O 0 u N \ T a O 1 In I L Y L d Y V O w y O 0' v U U O N a U H 7 u O a, a> > � v C ai > a) a) Y Y CL Y Y c Y Y Y Y W v vOi N C (1) 0) w a) Q) C) aii Lr) O 7 O 7 0 0 7 O 7 7 F- N O O C O O w O O O O F C N 00 c O 7 3 7 7 Y C 7 7 7 7 X a O Y C C Q7 C C C C C C C z jJ 0 Y Y N Y N Y Y Y c O O O (7 O O E O O O O f- YO u u u u u v u u u u a E a °C a' m w a a a s a a a a a a o Y LL LL S LL LL LL LL LL LL 11 w z ` J K cc F- D' OC CC CC K CC 0C 0C 0 ,l l N z Y O 0 I a)U a a) w u W w C7 O Oq 0 O C i N m F O c y c ao a c N EE m O N m � a0+ i c 'O Ln C 2 z m „ x m m c LU v" in c w L 0 u of w U ii w i C \ a1 GLn Noq - al '^ O w s Yz ° z ao >y g 0 x E £ zE EE = i ° ~ zcO a,a C �• aJ i O i O_ f6 > � M 'C O a) E o z ;: z o 3 a u u � V, Y A P L z@ � + u a o cLn o F rc � al 0 N (M V L/, lD I� 00 0, c-I N M V L/1 O O Q C v � L o �- L bA al f6 0 C L > 4J N @ � N � L v Y L c a N 4/ Q L 0 O U LL 3 oc > w c v � y LL N L Y 0 Y � LL L v O Y N � L u _ 3 Q O 7 � a LL Y a � � 7 L @ N ` L ° c 00 v o 0 N l" N (n ro o U u c c N � W Q LL L r Y O � o a U CL o > 5 O L a 0 a N vi o Q o E N Y E ` v > Y O v O u" N0 y O `v z IA L U U I--1 a o - (U ro w v m Y n- o > Y = O ) O O W - Y OU m �-' > u LU v ` 3 o v } c > o L " C7 _ L v 7 v N Y O N o > c m (a L O Y 1--I O m f0 CL N N x N 'O Y U 'n W U v N LO a 'O O W ` tw 3 C Q) H � L z a o O ° mu O N N V F O -0 L F f: � � N 7 M W t7 3 °4 L,) OfQ z a a4 N EXHIBIT G TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES FACILITIES MAINTENANCE SERVICES 1.1 Locations For Which Services to be Provided. The City shall provide Facilities Maintenance Services consistent with the scope of services set forth in this Exhibit G to the RFA at the following locations: • Station 71, located at 504 Crow Street, Kent, WA 98032; • Station 72, located at 1401h Ave. SE, Kent, WA 98042; • Station 73, located at 26512 Military Road S., Kent, WA 98032; • Station 74, located at 24611 116th Ave SE, Kent, WA 98030; E • Emergency Management Modular Buildings, located at 24523 1161h Ave SE, Kent, WA 98030; 1 • Police/Fire Training Facility, located at 24523 116th Ave SE, Kent, WA 98030; • Station 75, located at 15635 SE 272"6 Street, Kent, WA 98042; • Metal Building located at Station 75, 15635 SE 272"d Street, Kent, WA 98042; • Station 76, located at 20676 72"d Ave. S., Kent, WA 98032; Vehicle Maintenance Facility located at 20678 72"d Ave. S., Kent, WA 98032; ,� • Station 77, located at 20717 132 Ave. SE, Kent, WA 98042; and • Station 78, located at 17820 SE 256 Street, Covington, WA 98042. 1.2 Scope of Services. The Facilities Maintenance Services provided pursuant to this Exhibit G shall include the following: • Change light bulbs and replace ballasts interior and exterior; • Set clocks; • Install keyboard trays, monitor arms, install/uninstall/repair furniture and cabinets; • Troubleshoot and repair appliances; • Localized plumbing repairs or fixture replacement, e.g., toilets, hot water tanks, faucets, etc.; • Replace ceiling tiles/repair ceiling grid; • Electrical repairs/fixture replacements, add new circuits; • Building envelope repairs, e.g., windows, siding, doors, minor roof repairs, etc.; • Bay door repairs; • Drywall repair/replacement; EXHIBIT G - FACILITIES MAINTENANCE SERVICES Page 1 • Interior and exterior painting; i • Hanging of art work/coat hooks/white boards/bulletin boards; • Vehicle exhaust extraction system repairs; • Air compressor repairs; • HVAC system preventative maintenance, e.g., change filters, repair motors, pumps, and compressors; • Respond to employee comfort issues; • Care for direct digital HVAC controls; • Fire alarm system repairs, certifying, and monitoring; • Building fire suppression systems, repair; • Fire extinguisher repairs, testing, and replacements; • Building-related back flow preventing devices, repair, certification; • Monitor and repair underground fuel tanks to the extent that monitoring and repair does not exceed $1,000; • Monitor and repair of fuel dispensing systems to the extent that monitoring and repair does not exceed $1,000; • Building lock repair or replacement including keying/resetting combinations; • Carpet repairs not including cleaning; and • Parking lot cleaning and restriping etc. 1.3 Limitation on Scope of Services. In the event that an item that comes I within the scope of services described in Section 1.2 requires replacement, in whole or in part, or the replacement of any component of a system or item covered under the scope of services, such replacement shall be covered to the extent that such replacement does not exceed $1,000. 1.4 Capital Improvements Excluded. Capital improvements to any of the properties listed in Section 1.1 shall be excluded from the scope of services set forth in Section 1.2. Capital improvements shall be considered, but not limited to, the construction of walls or new doorways, roof replacement, electrical and plumbing systems replacement, replacement of bay doors, window replacements, flooring replacement, etc. The RFA will be responsible for all capital improvements; provided, the RFA may utilize City staff for capital improvements by separate agreement with the City. 1.5 Exterior Maintenance Excluded. Services relating to the maintenance of any landscaping, lawns, irrigation systems, sidewalks, driveways, fencing, exterior plumbing, or exterior lighting that is not attached to the main building of the property described in Section 1.1 shall be beyond the scope of services set forth in Section 1.2. 1.6 Janitorial Services Excluded — Exception. Janitorial services are beyond the scope of services set forth in Section 1.2; provided, Janitorial services EXHIBIT G - FACILITIES MAINTENANCE SERVICES Page 2 are within the scope of services of this Exhibit G, and therefore will be provided by the City at the following three locations only: • Station 74, located at 24611 1161h Ave SE, Kent, WA 98030; • Emergency Management Modular Buildings, located at 24523 116th Ave SE, Kent, WA 98030; and Police/Fire Training Facility, located at 24523 116th Ave SE, Kent, WA 98030. 1.7 Maintenance Requests to be Submitted Electronically. All maintenance requests shall be submitted by the RFA using the City's electronic maintenance system, to which the City will grant the RFA access. The RFA's requests, however, will be placed in queue, and prioritized and processed just like any other request. The RFA will be entitled to no response preference to its requests. Facilities will give special consideration to mission critical items such as apparatus bay doors, decontamination equipment, and plymo-vent systems. 1.8 Cost of Services for Period of July 1, 2010, through December 31, 2010. The City shall charge the RFA $406,613.39 for the period of July 1, 2010, through December 31, 2010 for the services provided under this Exhibit G. This amount shall be divided into twelve (12) equal payments and payable to the City in accordance with the payment section of the interlocal agreement. 1.9 Cost of Services for Period of January 1, 2011 through December 31, 2011. For the period from January 1, 2011, through December 31, 2011, the City shall charge the RFA $813,226.77, plus the percentage increase occasioned by application of the Seattle/Tacoma/Bremerton CPI-W for the period of June to June, which shall be established in July or August 2010. 1.10 Cost of Services After December 31, 2011. Beginning January 1, 2012, the City will charge an hourly rate for the services called for in this Exhibit G. Such hourly rate shall be established by negotiations between the City and the RFA, and an amendment to this Exhibit G. 1.11 Costs of Contract Development and Compliance with Bidding or Proposal Requirements. In the event that any maintenance will require the development or execution of a contract, or the establishment of a process relating to bidding or requests for proposals, City Facilities staff shall assist the RFA in preparing such contract, bidding, or request for proposal documents; provided, that any legal review or representation during or after the bidding process shall be the responsibility of and at the cost of the RFA, and the issuance of any required notice or advertising pursuant to such bidding or request for proposal shall be at the cost 1 of the RFA. EXHIBIT G - FACILITIES MAINTENANCE SERVICES Page 3 1.12 Ouarterly Reports. For the services provided by the City to the RFA under this Exhibit G, the City shall, within fourteen (14) calendar days of a request by the RFA and in a form to be approved by the RFA, provide the RFA with a report which shall, at a minimum, specify the following: The number of facility maintenance requests submitted. The number of facility maintenance requests completed. The status of maintenance requests, 20 days or older, not yet completed. The cost of each completed maintenance request. The staff hours spent on each completed maintenance request. EXHIBIT G - FACILITIES MAINTENANCE SERVICES Page 4 EXHIBIT H TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES MEDICAL BENEFITS - WELLNESS - EMPLOYEE I ASSISTANCE PROGRAM SERVICES j1.1 Purpose. This Exhibit H details the agreement between the City and the RFA for the City's provision of self-insured health and wellness services to RFA employees under the interlocal agreement. 1.2 Fiduciary Authority. The City shall have final and fiduciary authority to modify benefit and eligibility provisions, set rates (in accordance with State requirements), negotiate and contract with third-party vendors to administer the programs, and to construe and interpret the terms of the health and wellness plans subject to the interlocal agreement. No Health Maintenance Organization (' HMO") will be offered as part of this agreement to the RFA. 1.3 Effective Provision. The health care benefits provided under the interlocal agreement and this Exhibit H shall be effective as of July 1, 2010, and shall continue until terminated in accordance with Section 1.13 of this Exhibit. li 1.4 Eligibility. All benefited employees of the City and the RFA who work a minimum of twenty-one (21) hours per week are eligible for health care benefits pursuant to the contract requirements of the City's third-party administrators. The benefited employee may also enroll the legal spouse, including state-registered domestic partner, and eligible dependent children. LEOFF 1 retirees and their eligible dependents are also eligible for coverage under this program. 1.5 Actuarial Report. Annually, a certified healthcare actuary will provide budget projections and plan specific rates for the City's medical/Rx, dental, and vision plans within the Health & Wellness Fund. These rates are calculated using standard actuarial methods and take into account plan reserves, anticipated claims, administration costs, stop loss premium costs, professional fees, and other plan expenses. The actuary will also calculate reserve requirements including Incurred but Not Reported ("IBNR") claim liability. 1.6 Reserves. The City will hold the reserves and IBNR liability as an asset of the City. Reserves in excess of two (2) times the calculated IBNR claim liability will be used at the City's discretion and control and may be used to help moderate future rate adjustments. EXHIBIT H - MEDICAL BENEFITS, WELLNESS, EMPLOYEE ASSISTANCE PROGRAM SERVICES Page 1 1.7 Additional Funding. If at any time during the plan year assets fall below the level necessary to fund the IBNR claim reserve, as calculated in the annual actuarial report, the City and the RFA shall be responsible for depositing additional funding into the Health & Wellness fund. Any determined increase shall be assessed immediately to each participating agency according to its proportionate share of the prior three (3) months of premium costs. 1.8 Financial Statements. The City shall ensure that accurate and complete financial statements for the self-insured plan are prepared and ' maintained. The City shall continue to maintain a written accounting for all monies received, payments made, and liabilities incurred for the self-insured plan. Quarterly Health & Wellness reports will be provided to the RFA and annual reports will be provided to the State Risk Management Office. Both parties understand and acknowledge that expenses attributable to the Health & Wellness Fund include, at a minimum, the following: fees charged by third-parties to administer benefits of the program; premiums charged for stop-loss reinsurance; fees for actuarial, audit, broker/consultant and other professional services; costs associated with approved wellness programs; and salaries and benefits for City employees who are involved in the administration of the program. 1.9 Health Care Board. A health care board will serve as the oversight committee for the health and wellness program. The health care board, comprised of the City Employee Services Director, the City Finance Director, RFA Chief, with staff support of the City's Benefits Manager, is authorized to take any action it deems reasonable and necessary to operate and administer the self-insured program. The health care board may adopt rules and procedures as it deems appropriate to ensure the orderly, reasonable, and efficient operation of the self- insured program. 1.10 Review Committee. The City's Employee Services Director, Benefits Manager, and the RFA's Human Resources Manager will comprise the review committee for appeals by subscribers for a denied medical, dental, or vision claim. Each member of the review committee shall have one (1) vote. The committee will review medical, dental, or vision claims of subscribers that have exhausted their administrative appeal process with their provider(s). Appeals must be submitted in writing and must include the appeals determination by the medical, dental, or vision provider. Appeals must be received within ninety (90) days from date of 3 final denial by the provider. 1.11 Health Care Committee. The RFA will have a member assigned to the City's Health Care Committee. The purpose of the Committee will be to review health plan related information and to offer feedback and recommendations on behalf of its members. Any benefit changes will be reviewed during these meetings prior to implementation. 1.12 Third-Party Administrator Requirement The City and the RFA will abide by the contract requirements of the third-party administrators including, but not limited to, member enrollment, eligibility, and claims submission. EXHIBIT H - MEDICAL BENEFITS, WELLNESS, EMPLOYEE ASSISTANCE PROGRAM SERVICES Page 2 A. Payment of Premiums. The RFA agrees to remit premium payments to the City on a semi-monthly basis. Premiums are payable on the fifth (5`h) and the twentieth (20"') of the month for which coverage is provided. In the event that premium payments are received more than ten (10) days after the due date, a late fee will be assessed equal to one-percent (1%) of the amount payable. If the outstanding amount continues more than thirty (30) days past the due date, an additional charge of one percent (1%) will be assessed for each thirty (30) day period for which the balance remains unpaid. B. Enrollment and Termination of Members. Parties will work together to set up a process to enroll new members and to terminate members who are no longer eligible. 1.13. Interlocal Agreement Termination. A. Termination by the RFA will occur as follows: 1. By providing three hundred sixty-five (365) days' advance written notice, prior to the end of any plan year, to the City's Director of Employee Services of the RFA's intention to terminate its participation in the health care plan. 2. The termination date will be the last day of the plan year (December 31). B. Termination by the City will occur as follows: 1. Giving three hundred sixty-five (365) days' advance written notice to the RFA of the City's intention to terminate its participation in the health care plan. 2. The termination date will be the last day of the plan year (December 31). 1.14 Plan Reserves. As noted above, the City holds all reserves as assets of the City. The RFA will not have any ownership interest in the Reserves held by the City of Kent under the Interlocal Agreement. j t EXHIBIT H - MEDICAL BENEFITS, WELLNESS, EMPLOYEE ASSISTANCE PROGRAM SERVICES Page 3 L EXHIBIT I TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES ACCESS TO COMMUTE TRIP REDUCTION PROGRAM 1.1 Purpose. The City participates in a Commute Trip Reduction Program (CTR) to encourage a reduction in the number of automobile trips by its employees going to and from work. Pursuant to that program, the City has issued to participating employees a "One Regional Card for All" card (ORCA card) for use in paying for mass transit in the Puget Sound region. These cards cover the period of July 1, 2010, to June 30, 2011. The RFA wishes to provide its employees with access to a CTR program, as well as ORCA cards, but cannot do so until July 1, 2011. This Exhibit I details the agreement between the City and the RFA for the provision of access to the City's CTR program for the period of July 1, 2010, to June 30, 2011. 1.2 Effective Period. The CTR program shall be available to RFA employees from July 1, 2010, to June 30, 2011. 1.3 Eligibility. The CTR program shall be available to all eligible RFA employees pursuant to the contract requirements of the METRO/King County agreement. 1.4 Third-Party Administrator/Contract Requirements. Access to and eligibility for the CTR program shall be in accordance with and comply with the terms of the Agreement for Purchase of ORCA Business cards and ORCA Passport Products entered between the City and King County Metro Transit. 1.5 Payment of Costs. The RFA agrees to reimburse the City the amount of $108.00 for every RFA employee who participates in the CTR program; provided, that the $108.00 amount may be prorated for any months of the Effective Period that may have expired prior to the employee beginning his or her participation. The RFA shall pay the costs within thirty (30) days of the date that the RFA employee enrolls in the program. 1.6 Enrollment and Termination of Members. The City and the RFA will work together to set up a process to enroll new members and to terminate members who are no longer eligible. r EXHIBIT I - ACCESS TO COMMUTE TRIP REDUCTION PROGRAM Page 1 L EXHIBIT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES ACCESS TO FLEXIBLE 125 SPENDING ACCOUNT 1.1 Purpose. Traditionally, the City has provided its employees with access to a flexible spending account established and provided in accordance with Section 125 of the Internal Revenue Code (Flex Account) as a benefit to working for the City. Under the Flex Account, the employee is permitted to deposit a portion of his or her pre-tax earnings into the Flex Account for the purposes of using those earnings to pay for medical expenses. The RFA wishes to provide its employees with access to an account established under section 125 of the Internal Revenue Code, but cannot provide such access on its own until December 16, 2010. This Exhibit J details the agreement between the City and the RFA for the provision of access to the City's Flex Account for RFA employees through December 15, 2010. 1.2 Effective Period. The City's Flex Account shall be available for contribution by eligible employees of the RFA between July 1, 2010, and December 15, 2010. As of December 16, 2010, eligible employees shall not be permitted to make contributions to the City's Flex Account, though the employees shall have access to their account contributions until the last day of February, 2011. 1.3 Eligibility. Only those benefited employees of the RFA who, while still City employees, were enrolled in the City's Flex Account on June 30, 2010, shall be eligible to have access to and participate in the City's Flex Account during the effective period. 1.4 Third-Party Administrator/Contract Requirements. The Flex Account shall be maintained in accordance with the Administrative Services Agreement between the City and Flex-Plan Services, Inc. The City does not guarantee the performance of Flex-Plan Services, Inc., and in no way warrants that Flex-Plan Services, Inc. will perform in accordance with the agreement or any laws relating to the services provided. To that end, the RFA indemnifies and holds the City harmless from any and all losses or injuries occasioned by the performance or lack of performance of Flex-Plan Services, Inc. 1.5 Payment of Premiums. The RFA agrees to remit the employee contributions of employees participating in the Flex Account on a semi-monthly basis. Employee contributions shall be paid on the fifth (5`h) and the twentieth (201h) of the month in which the employee participates 1 EXHIBIT J - ACCESS TO FLEXIBLE 125 SPENDING ACCOUNT Page 1 1.6 Enrollment and Termination of Members. The City and the RFA will work together to set up a process to terminate members who are no longer eligible or who are permitted to terminate participation due to a qualified life change. 1.7 Return of Unused Funds. At the conclusion of the effective period, the City will endeavor to encourage employees who have remaining funds in the Flex j Account to claim their funds; provided, that an employee who fails to claim his or # her remaining funds by February 28, 2011, shall be deemed to have forfeited the funds to the City. EXHIBIT 1 - ACCESS TO FLEXIBLE 125 SPENDING ACCOUNT Page 2 EXHIBIT K TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR THE DIVISION OF SERVICES CIVIL SERVICE EXAMINER SERVICES 1.1 Services Provided by City. The City shall provide the following Civil Service Examiner Services to the RFA: a. Recruitment and promotional services pursuant to the then applicable Civil Service Rules; b. Pre-employment testing (psychological and physical exams), driver's license record checks, etc.; C. Attendance by the Civil Service Examiner at the monthly Civil Service Commission meetings; d. Maintenance of Civil Service rules and regulations; e. Establishing and maintaining eligibility lists; f. Test and score validation; g. Candidate notifications; h. Contract management for Civil Service testing by third-party contractors; i. Maintenance of Civil Service personnel files; and j. Perform all other tasks related to providing Civil Service Examiner Services. 1.2 Period of Performance. The services provided pursuant to Section 1.1 of this Exhibit K shall be provided between July 1, 2010, and December 31, 2010, unless terminated earlier by agreement of the parties. Any services provided after December 31, 2010, shall be provided only pursuant to separate written agreement. 1.3 Conditions of City Performance. In order for the City to provide Civil Service Examiner Services to the RFA, the RFA shall meet the following conditions: 1 EXHIBIT K — CIVIL SERVICE EXAMINER SERVICES Page 1 4 a. The RFA shall appoint the then existing Civil Service Commissioners who serve on the City's Civil Service Commission to serve on the RFA's Civil Service Commission. The RFA shall coordinate such appointment with the current Civil Service Commissioners. b. The RFA shall adopt Civil Service Rules. C. The RFA shall ensure that it has taken all necessary steps to ensure the proper establishment of a Civil Service system compliant with Chapter 41.08 RCW. d. The RFA Civil Service Commission shall appoint the City's Civil 1 Service Examiner as the RFA's Interim Civil Service Examiner. e. In the event that there is a vacancy on the City's Civil Service Commission, the City shall have full discretion to appoint a new Commissioner, and the RFA shall appoint that same Commissioner to its own Commission. 1.4 Occurrence of Civil Service Commission Meetings. Civil Service Commission meetings of the RFA shall be held directly following the Civil Service Commission meetings of the City, and on the same days as the City's Civil Service Commission meetings. The meetings of the RFA shall be separate from the meetings of the City, shall be governed by separate agendas, and shall be recorded separately from the City's recordings. 1.5 Records of Civil Service Commissions. Civil Service records of the RFA Z shall be kept separate from those of the City. Records shall be maintained by either the Interim Civil Service Examiner or the RFA as agreed to by the parties. After the December 31, 2010, termination date, or any agreed extension of that date, all Civil Service records will be transferred to the RFA. The RFA will then be the primary custodian of those records under the interlocal agreement and Exhibit A. 1.6 Commission Appeals and Attorney for Commission. In the event an appeal is filed before the RFA Civil Service Commission, the RFA shall, if requested by the RFA Civil Service Commission, provide the Commission with the services of an attorney for the purpose of assisting the Commission through the appeal process. The attorney, if requested, shall be available to provide the Commission with assistance prior to and during the hearing, as well as assistance in preparing the decision of the Commission. The provision of such an attorney shall be at the sole expense of the RFA. 1.7 Commission Appeals and Attorney for Civil Service Examiner. In the event an appeal is filed before the RFA Civil Service Commission, the RFA shall, if requested by the RFA Interim Civil Service Examiner, provide the Examiner with the services of an attorney for the purpose of assisting the Examiner through the EXHIBIT K - CIVIL SERVICE EXAMINER SERVICES Page 2 appeal process. The provision of such an attorney shall be at the sole expense of the RFA. 1.8 Appeals to Court. In the event an appeal of an RFA Civil Service Commission decision is made before a court of law, such appeal shall be at the sole expense of the RFA, and shall be prosecuted or defended by an attorney hired by the RFA. 1.9 Salary and Benefits of Civil Service Examiner. The RFA shall pay twenty-five percent (25%) of the salary and benefit cost of the Interim Civil Service Examiner. Payment shall be made by the RFA in accordance with the interlocal agreement. The amount of the Civil Service Examiner's salary shall be set at the sole discretion of the City. i r r I EXHIBIT K - CIVIL SERVICE EXAMINER SERVICES Page 3 t Kent City Council Meeting Date August 3, 2010 Category Bids - 8A 1. SUBJECT: 2010 CITYWIDE LARGE STORM SEWER PIPE MAINTENANCE 2. SUMMARY STATEMENT: The bid opening for this project was held on Tuesday, July 27, 2010, with one (1) bid received from Ventilation Power Cleaning, Inc., in the amount of $611,772.84. The Engineer's estimate was $711,780.66. 3. EXHIBITS: Public Works memo dated 7/27/10 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 to award the contract for the 2010 Citywide Large Storm Sewer Pipe Maintenance project to Ventilation Power Cleaning, Inc., in the amount of $611,772.84 and authorize the Mayor to sign the resulting construction contract. DISCUSSION: ACTION: tPUBLIC WORKS DEPARTMENT Timothy J. LaPorte Public Works Director Address 220 Fourth Avenue S. KENT Kent, WA 98032-5895 WASHINGTON Phone 253-856-5500 Fax 253-856-6500 DATE: Tuesday, July 27, 2010 TO: Mayor Cooke and Kent City Council FROM: Larry Blanchard, Public Works Director RE: 2010 Citywide Large Storm Sewer Pipe Maintenance ` The Bid opening for this project was held on July 27, 2010 with one (1) bid received. The low bid was submitted by Ventilation Power Cleaning, Inc., in the amount of $611,772 84. The Engineer's estimate was $711,780.66. The Public Works Director recommends awarding this contract to Ventilation Power Cleaning, Inc. I Bid Summary Ventilation Power Cleaning $611,772.84 i Engineer's Estimate $711,780.66 i r r REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE iE. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE 1 G. PUBLIC WORKS COMMITTEE H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES KENT w.,s MINATON OPERATIONS COMMITTEE MINUTES JULY 61 2010 Committee Members Present: Elizabeth Albertson (for Raplee), Jamie Perry, Les Thomas (Chair). The meeting was called to order by Thomas at 4:01 p.m. 1. APPROVAL OF MINUTES DATED JUNE 15, 2010 Perry moved to approve the minutes of the June 15, 2010 Operations Committee meeting. Thomas seconded the motion (with Raplee's concurrence), which passed 2-0. 2. APPROVAL OF VOUCHERS DATED JUNE 15, 2010 & JUNE 30, 2010 Perry moved to approve the vouchers dated June 15, 2010 & June 30, 2010. Thomas seconded the motion, which passed 2-0. 3. RECOMMEND COUNCIL AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH ALLIANT INSURANCE SERVICES, INC. TO PROVIDE LIABILITY INSURANCE BROKERAGE SERVICES FOR AN ANNUAL AMOUNT NOT TO EXCEED $35,000, SUBJECT TO FINAL TERMS AND CONDITIONS ACCEPTABLE TO THE RISK MANAGER AND CITY ATTORNEY. Chris Hills, Risk Manager for the City noted that as discussed at the June 15t" Operations Committee Meeting, Alliant has been selected as the City's Liability Insurance Broker to assist the City in development of our new Liability Insurance program for 2011 when Kent leaves WCIA. Since the June 15t" meeting, HMIs and City Attorney Tom Brubaker have gone through the contract and collectively made a few changes, all of which have been accepted by Alliant. Alliant has signed the contract and Hills is pleased that the contract came in under $35k for the year, Special projects, if any, will be done under a separate contract and charged at an hourly rate specified in the contract. Perry moved to recommend council authorize the mayor to sign an agreement with Alliant Insurance Service, Inc. to provide liability insurance brokerage services for an annual amount not to exceed $35,000, subject to final terms and Conditions acceptable to the risk manager and city attorney. Thomas seconded the motion, which passed 2-0. Counalmember Albertson (sitting in for Raplee) has joined the meeting. 4. MOVE TO RECOMMEND THAT COUNCIL AUTHORIZE THE MAYOR TO SIGN A PURCHASE ORDER FOR $241,169.97 TO THE WASHINGTON STATE DEPARTMENT OF INFORMATION SERVICES, THE RESELLING AGENT OF MICROSOFT, FOR THE 2010 RENEWAL AND TRUE-UP OF THE MICROSOFT ENTERPRISE SOFTWARE AGREEMENT AND BE PLACED ON THE CONSENT CALENDAR FOR THE JULY 20, 2010 CITY COUNCIL MEETING. iPaul Dunn, Technical Services Manager for Information Technology is requesting approval for the 3rd and final annual payment to Microsoft against the Microsoft Enterprise Software Agreement. In June of 2008, the City entered into a 3 year Enterprise License Agreement with Microsoft. This agreement entailed 3 annual payments, totaling an estimated dollar amount of I Operations Committee Minutes June 6, 2010 Page: 2 $649,626,53. This year the payment is going to exceed what was initially approved for a total of approximately $71,000 over the initial price, In June, 2009, as part of our annual "True-Up" Information Technology's audit of installed desktop systems actually in use, an additional 66 licenses were added to the count with Microsoft. This count increased our annual installment for 2009 by almost $56,000. This year, though our installed number of desktops has decreased below the levels licensed in 2008 and 2009, by the terms of the agreement, we are obligated to relicense 916 desktops. This year, in addition to relicensing our previously licensed desktop and server products, we are adding additional licenses for database servers to the agreement. These servers have been added as part of upgrades and new project implementations over the past year. The additional costs of licensing are budgeted within capital project budgets in the IT Department. While the City has the option to license these database servers exclusively through other Microsoft licensing plans, the pricing models presented under the Enterprise Agreement are more attractive than "one-off" pricing available through standard channels. Perry questioned whether any of the increased cost was due to annexation, which Dunn responded there was nothing really that could be tied to annexation and none of the money would come out of the annexation budget, it is all project based capital >� expense. Albertson moved to recommend that council authorize the mayor to sign a purchase order for $241,169.97 to the Washington State Department of Information Services, the reselling agent of Microsoft, for the 2010 renewal and true-up of the Microsoft Enterprise Software Agreement and be placed on the consent calendar for the July 20, 2010 City Council meeting. Perry seconded the motion, which passed 3-0. 5. MOVE TO RECOMMEND TO APPROVE THE APPOINTMENT OF BETH SYLVES TO THE LODGING TAX ADVISORY COMMITTEE. Economic and Community Development Manager Kurt Hanson noted that the Lodging Tax Advisory Committee recommends Beth Sylves be appointed to the Lodging Tax Advisory Committee, Ms. Sylves as the Director of Marketing for the ShoWare Center has engaged the local business community, and has been involved in planning and promoting activities that generate visitors to Kent as well as the greater Seattle and Southside areas. Beth Sylves will be filling the open positions left by the resignation of Dennis Higgins. This position is to be filled by a person in activities funded by lodging tax. In the position Ms Sylves new term is a 3 year term, which would expire July 31, 2012. Perry moved to recommend to approve the appointment of Beth Sylves to the Lodging Tax Advisory Committee. Albertson seconded the motion, which passed 3-0. MOVE TO RECOMMEND TO APPROVE THE APPOINTMENT OF JOHN CASEY TO THE LODGING TAX ADVISORY COMMITTEE. Hanson explained that the Lodging Tax Advisory Committee also recommends John Casey's appointment to the Committee Mr. Casey is a partner at the Curran Law Firm and involved in the Kent community. John Casey will be filling the open positions left by the resignation of Greg Haffner. This position is to be filled by a person in activities funded by lodging tax. In the position Mr. Casey's new term is a 3 year term, which would expire July 31, 2013. Albertson moved to recommend to approve the appointment of John Casey to the Lodging Tax Advisory Committee. Perry seconded the motion, which passed 3-0. i Operations Committee Minutes June 6, 2010 Page: 3 L MOVE TO RECOMMEND TO APPROVE THE APPOINTMENT OF (TO BE DETERMINED) TO THE LODGING TAX ADVISORY COMMITTEE. Hanson noted that the Lodging Tax Advisory Committee is looking for Council's direction on the appointment to one open position. The Lodging Tax Committee has been presented with 2 candidates seeking appointment. Both Mr. Kwok and Mr. Knutson are in the hotel business and are both qualified. David Kwok is the General Manager of the new Hampton Inn and was also a member of the Auburn Lodging Tax Committee. Brad Knutson is the General Manager of the Hawthorn Suites. The chosen candidate will be filling one open position left by the resignation of Vicky Molzer. This position is to be filled by a business which collects lodging tax. In the position the candidate will serve a 3 year term, which would expire July 31, 2012. Hanson made the recommendation that the Committee consider Mr. Kwok; to welcome him into the City of Kent and to this board Staff has worked with Mr. Kwok a lot over the past year and feels he has much to offer. Albertson noted that in going through both resumes, she is comfortable in going with the recommendation. Thomas has met Mr. Kwok, feels he is enthusiastic and very personable, and indicates he is also willing to accept staff's recommendation. Perry moved to recommend to approve the appointment of David Kwok to the Lodging Tax Advisory Committee. Albertson seconded the motion, which passed 3-0. 6. APPROVAL TO USE LODGING TAX FUNDS FOR PRUCHASE OF SHOWARE ' MARQUEE (INFORMATIONAL ONLY) Community and Economic Manager Kurt Hanson Joined by City Attorney Tom Brubaker advised that the Lodging Tax Advisory Committee recommends the use of lodging tax funds be used to purchase a marquee at ShoWare Center. The level of funding was discussed at the last Lodging Tax Advisory Committee meeting on June 24, 2010. Unfortunately, we don't know the specifics yet on how much the sign will cost. What is going to inform that cost is the type of foundation system used for the marquee itself. That will be dependent on the height and size of the sign. Marketing management at ShoWare feel a sign 9' high x 15-17' in length would get the traction need to for ticket sales Prices for the sign and foundation range dramatically from 100k to 200k depending on the type of foundation used The Lodging Tax Advisory Committee is willing to consider use of the funds as soon as they hear back how much the sign will cost. Thomas (Chair of the Lodging Tax Advisory Committee) noted that the Tax Advisory ; Board only authorized to render an opinion not to take any action. Thomas posed the question to Brubaker as to where to go from here in an ordinance fashion. Brubaker advised that the marquee is a tourism related facility which is a defined term under state law that defines the uses to which lodging taxes can be applied, so it is a legitimate use of money He further advised the Committee establishes the tax and makes recommendations to the city about how it should be spent. The city council determines how it should be specifically allocated. Perry directed staff to do further research on design and cost, along with a sketch and to bang it back to Operations Committee in two weeks At that time the Committee will either approve and send to Council that same night, or if they do not like the design, Brubaker advised they will then have the option to pull it and put it on other business or pull it all together. It is the feeling of the Lodging Tax Committee a marquee at ShoWare Center would be a benefit to the community by listing the coming attractions and entertainment performing. Thomas recommended that Albertson be involved in the design process. Chief Administrative Officer Operations Committee Minutes June 6, 2010 Page: 4 John Hodgson advised that he would brief all council members before the next Council meeting, 7. FINANCIAL BUDGET SUMMARY FOR MAY 2010 (INFORMATIONAL ONLY) Finance Director Bob Nachlinger provided a brief overview of the May 2010 Budget Summary. He advised that the budget continues on the same track as last month; anticipating revenue will be down 2.9 million and expenditures down 6.7 million. Nachlinger stated we are currently in the process of starting to build the 2011 budget. The four major factors affecting next year's budget are: the elimination of furlough days for employees, the anticipation of a 10% increase in health insurance costs, a substantial increase in pension costs, and the assumption, just for planning purposes, of a 2%r cost of living increase. That basically takes the general fund operating budget by department to looking at an increase of 4.1% for each department. The meeting adjourned at 4:45 p.m. by Thomas. �A A , Nancy Cla Operations Committee Secretary i PUBLIC WORKS COMMITTEE MINUTES Monday, July 12, 2010 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee was absent. Committee member Ron Harmon chaired the meeting on Raplee's behalf. Dennis Higgins was present. The meeting was called to order at 4:01 p.m. IITEM 1 — Anuroval of Minutes Dated June 21, 2010: Committee Member Higgins moved to approve the minutes of June 21, 2010. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. ITEM 2 — Information Only/Central Avenue Mini-Storage Stormwater Utility Fee: Delores Christianson, and Teresa Hutchens, both downtown business owners spoke about their concerns about staying in business, with the threat of flooding, and the cost of flood insurance. The need for the City to restructure the storm drainage rates and stated there needs to be a workable solution. iChristianson asked why our neighboring cities charge significantly less for their storm drainage rates than the City of Kent does. 1 Mike Mactutis, Environmental Engineering Manager stated that the 2008 Master Plan related to storm drainage was originally planned for a 10 year period but, due to the economy, the rates adopted in 2008 will require a longer implementation period. He briefly went over the Horseshoe Bend area and what the City is doing to get the levee certified, which would mean flood insurance rates will be decreased or not required, once the levee is certified. He went on to give examples of projects that the storm utility fees go toward. iTim LaPorte, Public Works Director thanked Christianson and Hutchens for being in attendance at the meeting. He stated that the only way out is to get the levee's certified, which is a local issue and it costs a great deal of money to accomplish. The poor economy has not made things any better, but the work still needs to be done. The following items will be addressed at a future committee meeting: Why are rates in Renton and Auburn different than Kent'sz • Comp's on peer City's staffing and fees for utilities. Prioritization of projects. I • Phasing in of projects over a longer period of time No Motion Required/Information Only ITEM 3 — Contract with CentrePointe Consultants Inc for Survey Services: Tim LaPorte, Public Works Director stated that the purpose of the requested contract is to provide on-call survey services to the end of 2010. It is not anticipated that an outside contractor would be needed after the first of the year. Higgins moved to recommend Council authorize the Mayor to sign a contract with CentrePointe Consultants, Inc., PS for an amount not to exceed $35,000 for surveying services, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. PUBLIC WORKS COMMITTEE MINUTES Monday, July 12, 2010 ITEM 4 Street Sweeping Change Order #3 with McDonough & Sons: Tim LaPorte, Public Works Director stated that the change order is needed to extend street sweeping services to the Panther Lake annexation area. The increase is $21,709.82 per month. Harmon asked that the work does not interfere with garbage service. Higgins asked how often we go out for bid for street sweeping LaPorte was unsure, but will get back to Higgins. Higgins moved to authorize the Mayor to sign Change Order #3 to the Street Sweeping Agreement with McDonough & Sons making the monthly lump sum payment $21,709.82, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. Item 5 — Information Only/2008 Miscellaneous Water Mains (Scenic Hill): City Engineer, Chad Bieren showed several photos of the problems that this project ran in to. He went on to explained that per our Administrative Policy the Council must be advised when cumulative contract amendments or change orders exceed 100/a or $65,000 (whichever is greater) over the original contract amount The change orders to this contract totaled 18.80% over the original contract. Bieren stated that cost overruns for this project were due primarily to work required to repair or replace existing, unforeseen underground utilities. No Motion Required/Information Only ITEM 6— Information Only/Railroad Ouiet Zone Diagnostic Study: Steve Mullen, Transportation Engineering Manager noted that he recently went through a training session on quiet zones; very timely and gave him a better understanding. Kent Engineering staff met with the Burlington Northern Santa Fe Railroad, Washington Utilities and Trade Commission, Federal Rail Administration and the Union Pacific Railroad to evaluate the establishment of a Railroad Quiet Zone on each set of tracks. A Quiet Zone would allow freight and passenger trains to travel through Kent without blowing warning horns. Mullen stated it will cost much more than anticipated to establish a quiet zone, $250,000 to $270,000 per detection; wayside horn $100,000 to $125,000. Due to time restraints of this meeting this item will be brought back to committee on Monday, July 19, 2010 at 4:00 p.m. No Motion Required/Information Only , Adiourned• The meeting was adjourned at 4:56 p.m. Cheryl Viseth, Public Works Secretary t tCONTINUED COMMUNICATIONS A. t t t r r t t t t t t t t r t 1 EXECUTIVE SESSION �I ACTION AFTER EXECUTIVE SESSION e s t