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City Council Meeting - Council - Agenda - 06/07/2011
CITY OF KENT AgendaCity Council Meeting June T2011 Mayor Suzette Cooke Jamie Perry, Council President r 4, C®uncilrnernbers Elizabeth Albertson Ron Harmon ,rr Dennis Higgins Deborah Ranniger Y SF f Debbie Raplee w„ Les Thomas homas C,-ry CLERK �r . KENT CITY COUNCIL AGENDAS KENT June 7, 2011 W>_HI. �N 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 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events 5. PUBLIC HEARINGS None 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Olympic Pipeline Franchise Ordinance - Adopt D. 4Culture Grant - Authorize E. Cascade Land Conservancy Consultant Services Agreement - Authorize F. Puget Sound Energy Limited Use Permit - Authorize G. Addendum No. 2 with Kent School District for Joint Use of the Community Center at Phoenix Academy - Authorize H. 640 Zone Water Reservoir Painting Contract - Authorize I. 84th Avenue Improvements (East Valley Highway) - Accept as Complete S. OTHER BUSINESS None (Continued) COUNCIL MEETING AGENDA CONTINUED 9. BIDS A. Corrections Facility Boiler Replacement & Heating System Upgrades B. 2011 Sewer Improvements 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None 12. ADJOURNMENT 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. 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events PUBLIC COMMENT Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through I. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of May 17, 2011. 7B. Approval of Bills. Approval of payment of the bills received through April 30 and paid on April 30 after auditing by the Operations Committee on May 17, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 4/30/11 Wire Transfers 4588-4604 $2,198,299.66 4/30/11 Regular Checks 651881-653298 2,938,008.89 4/15/11 Use Tax Payable 1,627.21 $5,137,935.76 Approval of payment of the bills received through May 15 and paid on May 15 after auditing by the Operations Committee on May 17, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 5/15/11 Wire Transfers 4605-4624 $1,851,862.17 5/15/11 Regular Checks 653299-653656 1,694,079.04 4/15/11 Use Tax Payable 1,559.82 $3,547,501.03 Approval of checks issued for payroll for April 16 through April 30 and paid on May 5, 2011: Date Check Numbers Amount 5/5/11 Checks 322754-323001 $ 166,741.86 5/5/11 Advices 282443-283080 1,219,219.17 $1,385,961.03 O T Kent City Council Workshop May 17, 2011 Councilmembers Present: Albertson, Harmon, Higgins, Perry, Ranniger, and Thomas. Raplee arrived at 5:40 p.m. The meeting was called to order at 5:05 p.m. by Council President Perry. Intergovernmental Issues. Michelle Witham gave an update on legislative issues. After a brief discussion on Federal, State, and County district changes, Les Thomas agreed to take the lead on the issue. Councilmembers then reported on their attendance at regional meetings. 2012 Budget Kick-Off. The following subjects were discussed: 10-year revenue history, 5-year department budget history, 2012 preliminary revenue forecasting/Consumer Price Index, issues affecting 2012 revenues and expenses, and Vision/Strategies budget impact. Staff responded to questions from Councilmembers, and the next steps and budget calendar were explained. The meeting adjourned at 6:45 p.m. Brenda Jacober, CMC City Clerk y RCN i Kent City Council Meeting May 17, 2011 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Perry, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) CAO Hodgson added an Executive Session of approximately 10 minutes to discuss property negotiations, with action expected when the regular meeting reconvenes. B. From the Public. (CFN-198) No comments from the audience were made. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Recognition was given to Norwegian Independence Day and to Kentridge, Kentwood, and Kent-Meridian High Schools for the high quality musicals they recently presented. B. Community Events. (CFN-198) Ranniger announced the upcoming National Trails Day and Special Olympics, Harmon announced a fishing experience at the Old Fishing Hole, and Raplee announced upcoming events at the ShoWare Center. C. Introduction of Appointee. (CFN-839) Mayor Cooke introduced Tonya Goodwillie, her appointee to the Kent Arts Commission. Ms. Goodwillie spoke about her interest in serving on the Commission. D. Lake Meridian Village Townhomes Neighborhood Council Recognition. (CFN-1304) Neighborhood Program Coordinator Toni Azzola introduced representa- tives from the newly formed Lake Meridian Village Townhomes Neighborhood Council, and Mayor Cooke presented them with a certificate. E. Police Department Swearing In Ceremony. (CFN-122) Police Chief Thomas distributed copies of his public safety statistics and introduced Officers Robert Kendrick, Garth Corner, Trevor Blake, Jonathon Thompson, Alan Brannan, and Eric Doherty. The officers were then sworn in by Mayor Cooke. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through L. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of May 3, 2011, and special workshop of May 10, 2011, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through March 31 and paid on March 31 after auditing by the Operations Committee on May 3, 2011, were approved. 1 Kent City Council Minutes May 17, 2011 Approval of checks issued for vouchers: Date Check Numbers Amount 3/31/11 Wire Transfers 4548-4566 $2,810,381.12 3/31/11 Regular Checks 651849-652490 3,780,738.63 Use Tax Payable 285.20 $6,591,404.95 Payment of the bills received through April 15 and paid on April 15 after auditing by the Operations Committee on May 3, 2011, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 4/15/11 Wire Transfers 4567-4587 $1,492,543.53 4/15/11 Regular Checks 651429-651848 2,542,016.78 Void Checks 652840 (50,641.16) 4/15/11 Use Tax Payable 2,736.28 $3,986,655.43 Approval of checks issued for payroll for April 1 through April 15 and paid on April 20, 2011: Date Check Numbers Amount 4/6/11 Voids & Reissues 322527 $ 0.00 4/20/11 Checks 322528-322753 148,196.41 4/20/11 Advices 281807-282442 1,213,943.23 $1,362,139.64 C. Arts Commission Appointment. (CFN-118) The Mayor's appointment of Tonya Goodwillie to the Kent Arts Commission was confirmed. Her term will expire October 2012. D. Olympic Pipe Line Company Franchise Ordinance. (CFN-274) The Olympic Pipe Line nonexclusive franchise ordinance was introduced. E. Collection Aaencv Services Aareement. (CFN-234) The Mayor was authorized to sign a contract with AllianceOne Receivables Management, Inc., to provide debt collection services through the State of Washington contract for all accounts referred by the City except those administered by the Municipal Court, subject to final terms and conditions acceptable to the Finance Director and City Attorney. F. S. 228th Street Improvements, Materials Testing Contract. (CFN-171) The Mayor was authorized to sign a Consultant Services Contract with Jason Engineering & Consulting Business, Inc., in an amount not to exceed $64,095, to provide materials testing and inspection services related to the South 228th Street Improvements project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 2 Kent City Council Minutes May 17, 2011 G. S. 228th Street Improvements, Drainaae District No. 1 Aareement. (CFN-171) The Mayor was authorized to sign an Interlocal Agreement between the City of Kent and Drainage District No. 1 of King County for the City to receive a $50,000 contribution from Drainage District No. 1 toward the cost of the South 228th Street Improvements project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Certification Analysis Contract. (CFN-1318) The Mayor was authorized to sign an Amendment to the Consultant Services Contract with Tetra Tech for Certification of the Boeing Levee in an amount not to exceed $28,708, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. Central Avenue S. Sidewalk Replacement & Storm Water Force Main Riaht of Way Dedication. (CFN-117) The Mayor was authorized to sign the necessary documents to dedicate a portion of city-owned property in connection with the Central Avenue S. Sidewalk Replacement and Storm Water Force Main Project as right-of- way, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Lake Meridian Villaae Townhomes Neiahborhood Council Resolution. (CFN-1304) Resolution No. 1845 recognizing the Lake Meridian Village Townhomes Neighborhood Council, supporting its community building efforts, and conferring all opportunities offered by the City's Neighborhood Program, was adopted K. Interlocal Aareement, Permitting for Tukwila South Mitigation Site. (CFN-1000) The Mayor was authorized to sign an Interlocal Agreement with Tukwila regarding permitting for the Tukwila South Wetland Mitigation Site, subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. L. SR 516 & 4th Avenue Improvements Project. (CFN-1038) The SR 516 and 4th Avenue Improvements Project was accepted as complete and release of retainage to Westwater Construction Co., upon standard releases from the state and release of any liens was authorized. The original contract amount was $568,109. The final contract amount was $559,501.24. OTHER BUSINESS A. LID 362 (East Valley Highway Improvements) Final Assessment Roll. (CFN-1306) City Attorney Brubaker noted that this is a quasi-judicial matter and explained the special duties which are therefore imposed on the Council. He determined that none of the Councilmembers have ex-parte contact to disclose. He noted that the LID is for improvements on East Valley Highway and outlined the procedural background of the project. Brubaker stated that property owners who wanted to protest the amount of their assessments had an opportunity to do so before a special board composed of the Public Works Committee, and noted that the public hearing has been closed. He said the Committee issued findings and a recommendation which have been provided to the Councilmembers, along with a complete written record of the LID. 3 Kent City Council Minutes May 17, 2011 City Engineer Chad Bieren described the project, including its history and funding. Design Engineering Manager Mark Howlett then explained each of the protests. It was confirmed that information on claiming an exemption has been provided to the property owner who requested it, and it was noted that information on a senior citizen discount is available. Thomas stated that he knows one of the property owners and therefore recused himself from voting. Raplee moved to adopt Ordinance No. 3997 approving and confirming the assessments and assessment roll of Local Improvement District No. 362. Harmon seconded. Raplee noted that the Committee's Recommendations were that all assessments should remain as set forth on the Final Assessment Roll except the assessment for RSD Knight, LLC, that all protests should be denied except that of RSD Knight, LLC, and that the assessment for RSD Knight, LLC should be reduced. Upon Ranniger's question, she explained that the rationale for the reduction in the RSD Knight, LLC assessment was that the City did not provide evidence that the sidewalk did not exist. The motion then carried with Thomas recused. BIDS A. S. 288th Street Improvements. (CFN-171) The bid opening for this project was held on May 10, 2011, with nine bids received. The low bid was submitted by Mid Mountain Contractors, Inc., in the amount of $5,255,489.73. Mark Howlett explained the project and recommended award to the low bidder. He noted for Harmon that the bid was under the estimate due to the difficulty of estimating such a large and unusual project, the tight schedule, and the good bidding climate. Raplee moved to award the South 228th Street Improvements project contract to Mid Mountain Contractors, Inc., in the amount of $5,255,489.73 and to authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Higgins seconded. It was noted that the project will begin in a month with completion in three months, and that there will be traffic impacts. The motion then carried. B. Horseshoe Bend Levee Improvements. (CFN-1318) The bid opening for this project was held on Tuesday, May 10, 2011, with three bids received. The low bid was submitted by Lloyd Enterprises, Inc., in the amount of $288,874.76. Chad Bieren explained the project, noted that funds are coming from the state, and confirmed that portions of the levee will be raised by 3' above the 100-year event flood protection level. Raplee moved to award the Horseshoe Bend Levee Improvement project contract to Lloyd Enterprises, Inc., in the amount of $288,874.76 and to authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) Perry announced that discussion of the 2012 Budget began at tonight's workshop. 4 Kent City Council Minutes May 17, 2011 B. Mayor. (CFN-198) The Mayor noted that she recently signed a proclamation relating to National Trails Day, that she and Councilmember Higgins had attended a meeting regarding the safety of citizens when crossing railroad tracks, and that she is working with Valley Communications Center and King County on combining efforts. C. Administration. (CFN-198) Hodgson reminded the Council of the Executive Session which has been added to the agenda. D. Economic & Community Development Committee. (CFN-198) No report was given. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) Ranniger announced that the next meeting will be at 5:00 p.m. on May 19, and commented on recent Parks events. G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198) Raplee announced that anyone interested in serving on a committee to review the Transportation Improvement Plan should contact Mayor Cooke. She added that the next committee meeting is at 4:00 p.m. on June 7. I. Regional Fire Authority. (CFN-198) Thomas noted that the exploratory process with the City of SeaTac has been suspended and that the process with the City of Tukwila is going well. J. Human Services Commission. (CFN-198) Albertson noted that the May meeting has been cancelled, and that the Commission is seeking input on funding and anyone interested should contact the City Council. EXECUTIVE SESSION Property Negotiations. (CFN-239) Perry moved to authorize the Mayor to sign all necessary documents for the City to release its Right of First Refusal to purchase the Colony Park Apartments, subject to terms and conditions acceptable to the City Attorney. Thomas seconded and the motion carried 6-1, with Albertson opposed. ADJOURNMENT The meeting adjourned at 8:22 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 5 KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: June 7, 2011 SUBJECT: Olympic Pipeline Franchise Ordinance — Adopt MOTION: Adopt Ordinance No. , granting Olympic Pipe Line Company a nonexclusive franchise for the transportation of petroleum products within the city of Kent. SUMMARY: On May 2, 1991, the city of Kent granted Olympic Pipe Line Company a franchise to maintain, operate, replace, and repair an existing pipeline, for the transportation, storage, and handling of oil and any by-product, in, across, under, through and below certain designated public right-of-ways and public properties within the city of Kent. That franchise has now expired and the city has negotiated another nonexclusive franchise. On May 17, 2011, this ordinance was introduced during the city council meeting. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Additional revenue due to current negotiated franchise. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, granting Olympic Pipe Line Company, an interstate pipeline corporation incorporated in the State of Delaware, a nonexclusive franchise to construct, operate, maintain, remove, replace, and repair existing pipeline facilities, together with equipment and appurtenances thereto, for the transportation of petroleum products within and through the franchise area of the City of Kent. i RECITALS A. Olympic Pipe Line Company ("Company") has applied for a nonexclusive franchise to construct, operate and maintain an existing petroleum pipeline through certain public rights of way and property within the City of Kent ("City"); and, B. RCW 35A.47.040 authorizes the City to grant nonexclusive franchises for the use of public streets and other public ways under conditions set by ordinance; and C. The City Council finds that it is in the public interest to specify the rights and duties of Company through a franchise. 1 Olympic Pipeline Franchise NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. -Definitions. For the purposes of this Franchise and all exhibits attached hereto, the following terms, phrases, words and their derivations will have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined will be given their common and ordinary meaning. 1.1. Construct or Construction means removing, replacing, and repairing existing pipeline(s) or Facilities and may include, but is not limited to, digging or excavating for the purposes of removing, replacing, and repairing existing pipeline(s) or Facilities. 1.2. Effective Date means the date designated herein, after passage, approval and legal publication of this Ordinance and acceptance by Company, upon which the rights, duties and obligations will come in effect and the date from which the time requirement for any notice, extension or renewal will be measured. 1.3. Emergency means an unforeseen event or set of circumstances which demands immediate action to preserve or protect public health, life or property. 2 Olympic Pipeline Franchise 1.4. Emergency Management Laws include any applicable federal, state or local rules and regulations relating to emergency mitigation, preparedness, response, and recovery which may include Homeland Security Presidential Directive (HSPD) - 5 establishing the National Incident Management System ("NIMS"), the Revised Code of Washington ("RCW") Chapter 38.52, and the Washington Administrative Code ("WAC") Chapter 118-30. Also included are WAC Chapter 118-40 Hazardous Chemical Emergency Response Planning and Community Right to Know Reporting and RCW 70.136 Hazardous Materials Incidents. 1.5. Environmental Laws include the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.; the Washington Hazardous Waste Management Act, Chapter 70.105 RCW; and the Washington Model Toxics Control Act, Chapter 70.105D RCW all as amended from time to time; and any other valid and applicable federal, state, or local statute, code, or ordinance or valid and applicable federal or state administrative rule, regulation, ordinance, order, decree, or other valid and applicable governmental authority as now or at any time hereafter in effect pertaining to the protection of human health or the environment. 1.6. Facilities means the Company's pipeline system, lines, valves, mains, and appurtenances used to transport or distribute the Company's Petroleum Product(s), existing as of the date of this Franchise or as those 3 Olympic Pipeline Franchise components may be modified or improved consistent with the terms of this Franchise. 1.7. Franchise means his Franchise and any amendments, exhibits, or appendices to this Franchise. 1.8. Franchise Area includes the following: STREET WIDTH APPROX.DISTAN CE/LOCATION Across S. 228th St. 60 feet 1750' E/CL 68th Ave. S. Across S. 212th St. 60 feet 1750' E/C1 68th Ave. S. Across S. Smith St. 60 feet 1775' E/CL 68th Ave. S. Across W. Meeker St. 60 feet 1775' E/CL 68th Ave. S. Across W. Willis St. 60 feet 750' W/CL 5th Ave. Across S. 259th St. 60 feet 1275' W/CL 3rd Ave. Across S. 262nd St. 60 feet 2150' E/CL West Valley Hwy. Across W. James St. 66 feet 1775' E/WL Section 13, T 22 N, R 4 E, W.M. and any Right of Way, Public Way, Other Way or designated Public Property within the jurisdictional boundaries of the City where the Facilities may be located, including any areas annexed by the City (but excluding properties annexed upon which the Company holds a private easement, license, or other property interest for its Facilities) during the term of this Franchise, in which case the annexed area will become subject to the terms of this Franchise. 1.9. Hazardous Substance means any hazardous, toxic, or dangerous substance, material, waste, pollutant, or contaminant, including all substances designated under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1257 et seq.; the Clean 4 Olympic Pipeline Franchise Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act, Chapter 70.105 RCW; and the Washington Model Toxics Control Act, Chapter 70.105D, RCW; all as amended from time to time; and any other federal, state, or local statute, code or ordinance or lawful rule, regulation, order, decree, or other governmental authority as now or at any time hereafter in effect. The term will specifically include Petroleum and Petroleum Products. The term will also be interpreted to include any substance which, after release into the environment, will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer, or genetic abnormalities. 1.10. Improve or Improvements means modifications to, but not a change in the basic nature, size or location of, the existing pipeline(s) or Facilities, as required or necessary for safe operation. 1.11. Maintenance or Maintain means examining, testing, inspecting, repairing, and replacing the existing pipeline(s) or Facilities or any part thereof as required or necessary for safe operation. 1.12. Petroleum or Petroleum Products includes, but are not limited to motor gasoline, diesel fuel, and aviation jet fuel, and will exclude natural gas. 1.13. Pipeline Corridor means the pipeline pathway through the jurisdictional boundaries of the City in which the pipeline(s) or Facilities of the Company are located, including any Rights-of-Way, Public Property, Public Ways, Other Ways, or easements over and through private property. 5 Olympic Pipeline Franchise 1.14. Pipeline Operation and Safety Laws include any valid and applicable federal, state or local rules and regulations relating to the operations, management, maintenance, damage prevention, public education, emergency planning and response or other activities relating to hazardous liquid pipelines, which includes the Federal Pipeline Safety Act, 49 U.S.C. 60101 et seq. and the Pipeline Safety Code of Federal Regulations, 40 CFR Parts 186-199, all as amended from time to time and any other valid and applicable federal, state or local law. 1.15. Public Improvement means any installation, construction, modification, relocation, maintenance, testing, or repair within the Franchise Area done by the City or on its behalf. 1.16. Public Ways means any highway, street, alley, utility easement (unless their use is otherwise restricted for other users), or other public Rights-of-way for motor vehicle or other use under the jurisdiction and control of the City. 1.17. Public Properties means the present or future property owned or leased by the City within the present or future corporate limits, or jurisdictional boundaries of the City. 1.18. Operate or Operations means the use of the Company's pipeline(s) or Facilities for the transportation, distribution and handling of Petroleum or Petroleum Products within and through the Franchise Area. 1.19. Other Ways means the highways, streets, alleys, utility easements or other Rights-of-Way within the City as encompassed by RCW 47.24.020 and 47.52.090. 6 Olympic Pipeline Franchise 1.20. Rights-of-Way means the surface and the space above and below and appurtenant to streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, and similar Public Property, Public Ways or Other Ways and areas located within the Franchise Area. SECTION 2. - Purpose. The City grants this nonexclusive Franchise to Company to construct, operate and maintain its existing Facilities as a liquid Petroleum Product delivery system for Company's business. This Franchise is granted subject to the police powers, land use authority and franchise authority of the City and is conditioned upon the terms and conditions contained herein and Company's compliance with any applicable federal, state or local regulatory programs that currently exist or may hereafter be enacted by any federal, state or local regulatory agencies with jurisdiction over the Company. The purpose of this Franchise is to delineate the conditions relating to Company's use of the Franchise Area and to create a foundation for the parties to work cooperatively in the public's best interests after this Ordinance becomes effective. By granting this Franchise, the City is not assuming any risks or liabilities therefrom, which will be solely and separately borne by Company. Furthermore, this Franchise is granted upon the express condition that it will not in any manner prevent the City from granting other or further franchises in, under, on, across, over, through, along or below the Franchise Area. This and other franchises will, in no way, prevent or prohibit the City from using any of its Rights-of-Ways, Public Property, Public Ways, and Other Ways or affect its jurisdiction over them or any part of them, and the City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacations of same as the City may seem fit, including the 7 Olympic Pipeline Franchise dedication, establishment, maintenance and improvement of all new Rights-of-Way, streets, avenues, thoroughfares, and Public Ways, or Other Ways. SECTION 3. - Rights Conveyed. 3.1. Pursuant to the laws of the State of Washington including, but not limited to, RCW 35A.47.040, the City hereby grants, under the terms and conditions contained herein, to Company, a corporation organized and existing under and by virtue of the laws of the State of Delaware, and which is authorized to transact business within the State of Washington, the right, privilege, authority and Franchise to Construct, Operate, Maintain and Improve its existing Facilities, together with all equipment and appurtenances as may be necessary thereto, for the transportation and handling of any Petroleum or Petroleum Products, within the existing Pipeline Corridor passing through the Franchise Area. 3.2. This Franchise is only intended to convey a limited right and interest as to that Public Rights-of-Way, Public Property, Public Ways and Other Ways in which the City has an actual interest. It is not a warranty of title or interest in the City's Rights-of Way, Public Property, Public Ways and Other Ways. None of the rights granted herein will affect the City's jurisdiction over its property, streets or rights of way. 3.3. The limited rights and privileges granted under this Franchise will not convey any right to Company to install any new pipeline(s) or Facilities that change the basic nature, size or location of the Facilities without an amendment to this Franchise Ordinance. 3.4. The Company acknowledges and warrants by acceptance of the rights and privileges granted herein, that it has carefully read and fully 8 Olympic Pipeline Franchise comprehends the terms and conditions of this Franchise and is willing to and does accept all reasonable risks of the meaning of the provisions, terms and conditions herein. The Company further acknowledges and states that it has fully studied and considered the requirements and provisions of this Franchise, and believes that the same are consistent with all local, state and federal laws and regulations currently in effect, including the Federal Pipeline Safety Act (49 U.S.C. 60101 et seq.) and the Pipeline Safety Code of Federal Regulations (49 CFR Parts 186-199). If in the future the Company becomes aware that a provision of this Franchise may be unlawful or invalid, it will not use such potential invalidity to unilaterally ignore or avoid such provision. Instead, the Company will promptly advise the City of the potential invalidity or illegality, and the parties will meet within thirty (30) days and endeavor jointly to cure the invalidity or illegality. SECTION 4. - Term. 4.1. Each of the provisions of this Franchise will become effective upon Company's acceptance of the terms and conditions of this Franchise and will remain in effect for ten (10) years thereafter. Within one year of the end of the ten (10)-year term, either party may request an extension for a period of one (1) additional year. 4.2. If the parties fail to formally renew the Franchise prior to the expiration of its term, the City may extend this Franchise on a year-to- year basis (or such term as the parties may mutually agree) until the City may grant a renewed Franchise. Extensions will not be automatic, but must be granted in writing by the City. 9 Olympic Pipeline Franchise SECTION S. - Assignment and Transfer of Franchise. 5.1. This Franchise will not be sold, assigned, transferred, leased or disposed of, either in whole or in part, nor will title thereto, either legal or equitable, pass to or vest in any person or entity without the prior written consent of the City Council, acting by ordinance or resolution, which consent will not be unreasonably withheld. Such consent will not be deemed to waive any rights of the City to subsequently enforce non- compliance issues relating to this Franchise that existed at or before the time of the City's consent. 5.2. If such consent is given by the City then the Company will, within thirty (30) days, file with the City a written instrument evidencing such sale, assignment or transfer of ownership, whereby the assignee(s) or transferee(s) will agree to accept and be bound by all of the provisions of this Franchise. SECTION 6. - Compliance with Laws and Standards. Company will, in carrying out any activities under the privileges granted herein, comply with all valid and applicable local, state and federal laws, as amended from time to time; including, but not limited to, Pipeline Operation and Safety Laws, Emergency Management, Environmental and Hazardous Substance Laws, and any laws, regulations or orders that may be subsequently enacted by any governmental entity with jurisdiction over Company or the Facilities. SECTION 7. Construction on or within Rights-of Way, Public Properties, Public Wad and Other Ways. 7.1. This Section 7 will apply to all Construction, Improvements or Maintenance done by Company or its agents within the City. 10 Olympic Pipeline Franchise 7.2. Except in the event of an Emergency, Company will first obtain applicable permits from the City to perform Construction, Improvements or Maintenance work on Company's Facilities within the City. The permit application will contain detailed plans and specifications ("Plans") showing the position, depth and location of all such Facilities in relation to City Rights-of-Ways, Public Property, Public Ways, and Other Ways, or other City property, and specifying the class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures and facilities, erection of permanent structures and facilities, traffic control, traffic turnouts and road obstructions, and all other necessary information. The Company will file as-built plans and maps showing the final location of the Facilities. Such work will only commence upon the issuance of applicable permits, and payment of the associated fees, which permits will not be unreasonably withheld or delayed after submission of a complete application. Once a permit is issued, except in the event of an Emergency, the Company will provide the City with at least seventy two (72) hours written notice prior to any construction or maintenance on the Company Facilities within the Franchise Area. Company will restore the Franchise Area as nearly as possible to the condition that existed immediately prior to the Company's Construction, Improvement or Maintenance work. 7.3. In the event of an Emergency requiring immediate action by Company for the protection of the pipeline(s) or Facilities, or preservation or protection of public property, the environment or the property, life, health or safety of any individual, the Company may take action immediately to correct the dangerous condition pursuant to Section 11 without first obtaining any required permit so long as: (1) the Company notifies the City Fire Department of the Emergency, including the nature, location and extent of the Emergency through the City's designated dispatch system (i.e. 911), including any additional information required 11 Olympic Pipeline Franchise by the City's or Company's emergency response plans or Emergency Management Laws and (2) the Company informs the City's designated permitting authority of the nature, location, and extent of the Emergency, and the work to be performed, prior to commencing the work if such notification is practical, or where such prior notification is not practical, the next business day; and (3) such permit is obtained by the Company as soon as practicable. 7.4. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise, as a condition precedent to the issuance of any permits by the City, the Company will, upon the request of the City, furnish a bond executed by the Company and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of the Company's obligations under this Franchise and the permit. The bond will be conditioned so that the Company will observe all the covenants, terms and conditions and will faithfully perform all of the obligations of this Franchise and the permit, and to repair or replace any defective work, materials or Facilities, if required, discovered in the Franchise Area. 7.5. All work done hereunder by Company or upon Company's direction or on Company's behalf will be undertaken and completed in a workmanlike manner and in accordance with the Plans and approved permit. The Company's activities will be conducted in such a manner as to avoid damage or interference with other utilities, drains or other structures, and not unreasonably interfere with public travel, park uses or other municipal uses, and the free use of adjoining property and so as to provide safety for persons and property. The Company's Construction or Maintenance will be in compliance with all valid and applicable laws and regulations and specifications of governmental agencies with jurisdiction. 12 Olympic Pipeline Franchise 7.6. If the Company, its agents or employees or the Facilities of the Company cause any damage to the Franchise Area during the work described in this Section, the Company agrees to promptly repair the damage at its own cost and expense. The Company will, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for the Company to complete the repair. If the City discovers any such damage caused by the Company or its Facilities, the City will give the Company notice of the damage and set a time limit for the Company to complete the repair. In the event the Company does not make the repair as required in this section, the City may repair the damage at the Company's sole expense and invoice the Company for all reasonable costs incurred by the City. 7.7. The Company will place and maintain line markers pursuant to federal regulations within and along the Pipeline Corridor. Additionally, Company agrees to continue its voluntary practice of placing continuous markers underground, when and where appropriate, indicating the pipeline's location each time Company digs to the pipeline, or such other "industry best practices' as may from time to time be developed as a method of alerting excavators of the presence of the pipeline. 7.8. The Company will continuously be a member of the State of Washington One-number locator service (RCW 19.122), or approved equivalent, and will comply with all such applicable rules and regulations. 7.9. If the Company applies for a permit within the Franchise area, the Company will not open cut the Right-of-Way affected by the permit application if the City has completed an asphalt overlay on such Right-of- Way during a five (5)-year period immediately prior to the date of a permit application or such Right-of-Way has a City pavement rating of 70 or higher, unless required by an Emergency or federal or state rule or 13 Olympic Pipeline Franchise order or otherwise approved by the City. If any such Right-of-Way is open cut, whether in an Emergency or otherwise, the Company will install or cause to install a new asphalt overlay in accordance with City Construction Standards or other specifications for a minimum of one hundred fifty (150) feet in length in both directions from the open cut at Company's sole expense. The Company may request that the City install the new asphalt overlay and invoice the Company for all reasonable costs incurred by the City, but the City is not required to do so. Company or its agent will obtain any necessary permits pursuant to Section 7 for any asphalt overlays required by this Section. SECTION S. - Abandonment or Removal of Facilities. 8.1. The Company will notify the City of any abandoned Facilities or permanent cessation of use of any of its Facilities within sixty (60) days after such abandonment or cessation of use. 8.2. In the event of abandonment or Company's permanent cessation of use of its Facilities, or any portion thereof within the Franchise Area, the Company will, within one hundred and eighty days (180) after the abandonment or permanent cessation of use, at Company's sole cost and expense, either remove the Facilities or alternatively, with the consent of the City, which consent will not be unreasonably withheld, the Company may secure the Facilities in such a manner as to cause them to be as safe as is reasonably possible, by removing all Petroleum Products, purging vapors, displacing the contents of the line with an appropriate inert material and sealing the pipe ends with a suitable end closure, all in compliance with valid and applicable regulations, and abandon them in place provided that portions of the Facilities which are above ground will be removed. Company will obtain any necessary permits pursuant to Section 7 for any securement or removal of Facilities under this Section. 14 Olympic Pipeline Franchise 8.3. In the event of the removal or securement of all or a portion of the Facilities, Company will restore the Franchise Area as nearly as possible to a condition that existed prior to removal or securement of Company's Facilities. Such property restoration work will be done at Company's sole i cost and expense and to the City's reasonable satisfaction. If Company fails to remove or secure the Facilities and fails to restore the premises or take such other mutually agreed upon action, the City may, after reasonable notice to Company, remove the Facilities, restore the premises or take such other action as is reasonably necessary at Company's sole expense and invoice the Company for all reasonable costs incurred by the City which costs shall be paid within thirty (30) days of invoice. This remedy will not be deemed to be exclusive and will not prevent the City from seeking a judicial order directing that the Facilities be removed or properly abandoned in place. 8.4. If the Company abandons the Facilities in place, it will retain the obligation to remove, alter, relocate or re-secure such Facilities in the future at Company's sole expense in the event it is reasonably determined, in the sole discretion of the City, that removal, alteration, relocation or re-securing the Facilities is necessary or advisable for the health, safety, necessity or convenience of the public. If the Company fails to remove, alter, relocate or re-secure such Facilities in the future, the City may, after reasonable notice to Company, cause the Facilities to be removed, the premises to be restored or take any other action as is reasonably necessary at Company's sole expense and invoice the Company for all reasonable costs incurred by the City which costs shall be paid within thirty (30) days of invoice. In the event the City causes any work to be done on the Facilities, it will use a contractor or personnel that are qualified under Company's required Operator Qualification Program. is Olympic Pipeline Franchise 8.5. The parties expressly agree that the provisions of this Section 8 will survive the expiration, revocation or termination of this Franchise. SECTION 9. - Operations and Maintenance - Inspection and Testing. 9.1. At City's request, the Company will provide, at its sole cost and expense, a briefing by qualified testing experts to explain the inspection results and Franchisee's proposed corrective action(s). Said qualified testing expert may be an employee or representative of the Company. 9.2. The City will require all excavators that make application and are subject to a City grading or right-of-way permits working within 100 feet of the Company's Facilities to notify the Company at least 48 hours prior to the start of any work and to comply with the requirements of the State of Washington One-number locator service law (RCW 19.122). If the Company becomes aware that a third party conducts any excavation or other significant work that may affect the Facilities, the Company will conduct such inspections or testing as is necessary to determine that no direct or indirect damage was done to the Facilities and that the work did not abnormally load the Company's Facilities or impair the effectiveness of the Company's cathodic protection system. Upon written request, the Company will report to the City its inspection and findings. In the event of damage by a third party, Company will make or cause to make all necessary or required repairs at no cost to the City unless and to the extent such third party is an agent or acting on behalf of the City. SECTION 10. - Excavation Management. 10.1. The Company will maintain a written program to prevent damage to its Facilities from excavation activities, as required by applicable state and federal guidelines. 16 Olympic Pipeline Franchise 10.2. The Company and the City will comply with applicable and valid federal, state and local requirements regarding excavation management, including the State of Washington One-number locater service (RCW 19.122). SECTION 11 - Leaks Spills and Emergency Response 11.1. The Company warrants that it will maintain and provide to the City an Emergency Response Plan that is in compliance with the applicable Pipeline Operation and Safety Laws and Emergency Management Laws or requirements of local, state and federal agencies with jurisdiction. Upon written request by either party, the parties agree to meet periodically to review the Emergency Response Plan and procedures. The Company's Emergency Response Plan and procedures will designate the Company's responsible local emergency officials and a direct 24-hour emergency contact number for the control center operator. The Parties will cooperate throughout the term of this Franchise to keep emergency contact information up to date and accurate. The Company will, after being notified of an Emergency, cooperate with the City and make every effort to respond as soon as possible to protect public property and the public's health, safety and welfare. 11.2. The Company will cooperate with the City in planning for and responding to Emergencies involving or affecting Company's Facilities requiring protection of property, public health and safety. The Company warrants that it will at all times have available, within King County, sufficient emergency response personnel, equipment and materials to immediately and fully respond to any spill, leak, rupture or other release of Petroleum Products or Hazardous Substances from Company's pipeline's) or Facilities and that Company will be solely responsible for all 17 Olympic Pipeline Franchise reasonably necessary costs incurred by any agency in responding appropriately to any spill, leak, rupture or other release of Petroleum Products or Hazardous Substances from Company's pipeline(s) or Facilities, including, but not limited to, detection and removal of any contaminants from, earth or water, all remediation costs, equipment replacement, and staffing costs, except for any spill, leak, or other release that results from the sole negligence or willful misconduct of the City or its contractors. 11.3. In the event of an Emergency, the Company will 1) notify the City Fire Department of the Emergency, including the nature, location and extent of the Emergency through the City's designated dispatch system (i.e. 911), including any additional information required by the City's or Company's Emergency Response Plans or Emergency Management Laws; 2) investigate, respond to and report any leaks, spills, ruptures and other Emergencies affecting the City as required by applicable federal or state regulations and Emergency Response Plans; and 3) provide to the City a copy of any reports related to the investigation and response to any such Emergency or resulting corrective actions which are required by applicable federal or state regulations or directed by governmental authorities with jurisdiction. The Company will notify the City Emergency Manager of the Emergency at 253-856-4316 as soon as is practicable SECTION 12. - Required Relocation of Facilities. 12.1. In the event that the City undertakes or approves the construction of, or changes to the grade or location of, any water, sewer or storm drainage line, street, sidewalk, or any other Public Improvement Project and the City determines that the Public Improvement Project reasonably requires changes to or the relocation of Company's Facilities, then 18 Olympic Pipeline Franchise Company will make such changes or relocations in a timely manner as required herein at Company's sole cost, expense and risk. 12.2. The City will provide the Company reasonable written notice of any Public Improvement Project in the interest of public health, safety, welfare, necessity or convenience that requires changes to or the relocation of Company's Facilities. The City will endeavor, where practical, to provide the Company at least two years prior written notice, or such additional time as may reasonably be required, of such Public Improvement Project. However, nothing in this Section will be construed as to relieve Company of its duty and obligation to relocate its Facilities to accommodate any Public Improvement Project undertaken by the City after written notice of any Public Improvement Project. 12.3. The City will further provide the Company with copies of pertinent portions of the final plans and specifications for such Public Improvement Project so that the Company may make the required changes to or relocate its Facilities to accommodate such Public Improvement Project. The Company will cooperate with the City, upon request, by assisting the City in locating and marking the Facilities during the design phase, including providing the horizontal and vertical location of the Company's Facilities within the Franchise Area related to the proposed Public Improvement Project by field markings or Facilities location markings on the City's design drawings. 12.4. The Company may, after receipt of written notice requiring changes to or relocation of its Facilities under Section 12.2, submit to the City, within ninety (90) days, written alternatives to such relocation. The City will evaluate such alternatives and advise the Company in writing if one or more of the alternatives are suitable to accommodate the Public Improvement Project that would otherwise necessitate changes to or 19 Olympic Pipeline Franchise relocation of the Facilities. If so requested by the City, the Company will submit additional information to assist the City in making such evaluation including actual field verification of the location(s) of the Company's underground Facilities within the Public Improvement Project area by excavating (e.g., pot holing) and restoring the premises to the same condition, at no expense to the City. The City will give each alternative proposed by the Company full and fair consideration, but retains sole discretion to decide whether to utilize its original plan or an alternative proposed by the Company. If it is determined and agreed upon by the City and the Company that it is in the mutual best interest of both the City and the Company to redesign a proposed Public Improvement Project rather than have the Company relocate its facilities, the Company will be responsible for the reasonable incremental costs of redesigning the Public Improvement Project, including, but not limited to, the increased costs of design, construction or Right-of Way acquisition to avoid relocation of Company's Facilities. 12.5. If the City requires the Company to relocate any portion of its Facilities that have already been relocated as required by the City under this section within five (5) years of the original relocation, the City will bear the entire cost of the subsequent relocation. 12.6. The Company will not be required to relocate its Facilities at its expense for the benefit of private developers or third party projects. However, in the event the City reasonably determines and notifies the Company that the primary purpose for requiring such changes to or relocation of the Company's facilities by a third party is to cause or facilitate the construction of a Public Improvement Project consistent with the City Capital Investment Plan; Transportation Improvement Program; or the Transportation Facilities Program, or other similar plan, then the 20 Olympic Pipeline Franchise Company will change or otherwise relocate its Facilities in accordance with this Section 12 at Company's sole cost, expense and risk. 12.7. The City will work cooperatively with the Company in determining a viable and practical route within which the Company may relocate its facilities, in order to minimize costs while meeting the City's project timelines and objectives. The City's requirements with regard to the required changes or relocation (i.e. depth of cover, distance from other utilities, etc.) must be reasonable and consistent with applicable federal and state requirements however, nothing in this section will be construed as to limit the City's police power, land use authority, franchise authority or the City's authority to regulate the Company's use of the Franchise Area. 12.8. Company understands that the City desires all relocation work to be completed prior to issuing bids for the Public Improvement Project and that relocation of Company's Facilities must be completed prior to the commencement of the Public Improvement Project to avoid delays in the project schedule and resulting cost increases. Upon receipt of the City's reasonable notice and plans and specifications per Sections 12.2 and 12.3, Company will take all necessary, prudent and prompt measures to complete relocation of such Facilities at least one hundred eighty (180) calendar days prior to the scheduled commencement of the Public Improvement Project. The parties may mutually agree in writing to such other time for completion of the relocation if the City has provided less than one (1) year's notice or other unique circumstances exist as long as it is reasonably prior to the scheduled commencement of the Public Improvement Project. Company agrees that it will be responsible for any additional costs from delays to the Public Improvement Project to the extent such additional costs are caused by unreasonable delays in 21 Olympic Pipeline Franchise Company's completion of the relocation of its Facilities, unless such delays by Company are beyond its reasonable control. 12.9. The City will take reasonable steps to cooperate with the Company on any effort by the Company to apply for and obtain any local, state or federal funds that may be available for the relocation of the Company's Facilities provided, however, that the Company's application for any such funds will not delay the City's Public Improvement Project. To the extent such funds are made available; the Company may apply funds towards the costs incurred to relocate the Company's Facilities, SECTION 13. - Violations, Remedies and Termination. 13.1. The Company will be in compliance with the terms of this Franchise at all times. The City reserves the right to apply any of the following remedies, alone or in combination, in the event Company violates any material provision of this Franchise. The remedies provided for in this Franchise are cumulative and not exclusive; the exercise of one remedy will not prevent the exercise of another or any rights of the City at law or equity. 13.2. The City may terminate this Franchise if the Company materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms of this Franchise, and fails to cure or make reasonable effort to cure such breach within thirty (30) calendar days of receipt of written notice thereof, or, if not reasonably curable within thirty (30) calendar days, within such other reasonable period of time as the parties may agree upon. 22 Olympic Pipeline Franchise 13.3. Either party may invoke the Dispute Resolution clause contained in Section 14 of this Franchise as it deems necessary with regard to termination. 13.4. If the Company's right to operate its Facilities within the Franchise Area is ultimately terminated, the Company will comply with the terms of this Franchise regarding removal or abandonment of the Facilities and restoration of the premises, and with all directives of applicable federal, state or local agencies with jurisdiction. 13.5. In the event the Company fails to comply with any terms or conditions of this Franchise and such noncompliance continues for a period of more than thirty (30) days after Company receives written notice from the City regarding such noncompliance, the City may, but is not obligated to, complete or cause to complete any obligation of the Company under this Franchise including the work, repair, removal or relocation of Company's Facilities or restoration of City's Franchise Area at the Company's sole expense. The Company will immediately reimburse City for its reasonable costs and expenses incurred due to Company's noncompliance, which may include reasonable overhead expenses and attorneys' fees. In the event the City causes any work to be done on the Facilities, it will use a contractor or personnel that is qualified under Company's required Operator Qualification Program. SECTION 14. - Dispute Resolution. 14.1. In the event of a dispute between the City and the Company arising by reason of this Franchise, or any obligation hereunder, the dispute will first be referred to the representatives designated by the City and the Company to have oversight over the administration of this Franchise. Said officers or representatives will meet within thirty (30) calendar days of 23 Olympic Pipeline Franchise either party's request for said meeting, and the parties will make a good faith effort to attempt to achieve a resolution of the dispute. 14.2. In the event that the parties are unable to resolve the dispute under the procedure set forth in Section 14.1, then the parties hereby agree that the matter will be referred to mediation. The parties will endeavor to select a mediator acceptable to both sides. If the parties cannot reach agreement, then each party will secure the services of a mediator at its own expense, who will in turn work together to mutually agree upon a third mediator to assist the parties in resolving their differences, whose expense will be shared equally by the parties. Any other reasonable expenses incidental to mediation will be borne equally by the parties. 14.3. If either party is dissatisfied with the outcome of the mediation, that party may then pursue any available judicial remedies. Each party will be responsible for its own costs and attorneys' fees. Venue and jurisdiction shall be in the Superior Court for King County Washington. Determinations of the court shall be made pursuant to the laws of the State of Washington without regard to conflicts of law provisions. 14.4. Subject to state and federal regulation, the Company will be permitted to continuously operate its Facilities during dispute resolution. SECTION 15. — Indemnification. 15.1. General Indemnification. Except for environmental matters, which are covered by a separate indemnification in Section 15.2 below, the Company will indemnify, defend and hold harmless the City, it agents, officers or employees, from any and all liability, loss, damage, cost, expense, and any claim whatsoever, including reasonable attorneys' and experts' fees incurred by the City in defense thereof, whether at law or in 24 Olympic Pipeline Franchise equity, arising out of or related to, directly or indirectly, the construction, operation, use, location, testing, repair, maintenance, removal, abandonment or damage to the Company's Facilities, or from the existence of the Company's pipeline and other appurtenant facilities, and of the products contained in, transferred through, released or escaped from said pipeline and appurtenant facilities, from any and all causes whatsoever, except the City's sole negligence and except to the extent it is caused by the City's non-compliance with Section 10.2, above (One- number locator service requirements). If any action or proceeding is brought against the City by reason of the pipeline or its appurtenant facilities, the Company will defend the City at the Company's complete expense, provided that, for uninsured actions or proceedings, defense attorneys will be approved by the City, which approval will not be unreasonably withheld. It is further specifically and expressly understood that the indemnification provided herein constitutes the Company's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. 15.2 Environmental Indemnification. The Company will indemnify, defend and hold harmless the City, it agents, officers or employees, from and against any and all liability, loss, damage, expense, actions and claims either at law or in equity, including, but not limited to, costs and reasonable attorneys' and experts' fees incurred by the City in defense thereof, arising from (a) Company's violation of any Environmental or Hazardous Substance laws applicable to the Facilities or (b) from any release of a hazardous substance on or from the Facilities except to the extent it is caused by City's noncompliance with Section 10.2 above (One- number locator service requirements). This indemnity includes, but is not limited to, (a) liability for a governmental agency's costs of removal or 25 Olympic Pipeline Franchise remedial action for hazardous substances; (b) damages to natural resources caused by hazardous substances, including the reasonable costs of assessing such damages; (c) liability for any other person's costs of responding to hazardous substances; and (d) liability for any costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any Environmental or Hazardous Substance laws; and (e) liability for personal injury, property damage, or economic loss arising under any statutory or common-law theory. SECTION 16. - Insurance. 16.1. The Company will procure and maintain for the duration of the Franchise, insurance; or upon City's written approval based on satisfactory evidence of financial capacity and stability, Company may provide self- insurance, against all claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to the Franchisee, its agents, representatives or employees. The Company will provide an insurance certificate, together with an endorsement naming the City, its officers, elected officials, agents, employees, representatives, engineers, consultants and volunteers as additional insureds, to the City upon the Company's execution of this Franchise, and such insurance certificate will evidence the following minimum coverages: A. Commercial general liability insurance including coverage for premises - operations, contractual liability, explosions and collapse hazard, underground hazard and products completed hazard, with limits not less than $100,000,000 per occurrence and in the aggregate for bodily injury or death to each person; and in the aggregate for property damage resulting from any one accident; and in the aggregate for general liability. 26 Olympic Pipeline Franchise B. Automobile liability for owned, non-owned and hired vehicles with a limit of $1,000,000 for each person and $1,000,000 for each accident. C. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $2,000,000. D. Environmental pollution liability with a limit not less than $50,000,000 for each occurrence, covering liability from sudden or accidental occurrences to the extent such coverage is reasonably available in the marketplace, and if not, a substantially equivalent coverage for similar occurrences. 16.2. Any deductibles or self-insured retention will be the sole responsibility of the Company. The insurance certificate required by this Section will contain a clause stating that coverage will apply separately to each insured against whom claim is made or suit is brought, except with respect to the aggregate limits of the insurer's liability. 16.3. The Company's insurance will be primary insurance with respect to the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers will be in excess of the Company's insurance and will not contribute with it. 16.4. In addition to the coverage requirements set forth in this Section, the certificate of insurance will provide that: "The above described policies will not be canceled before the expiration date thereof, without the Company giving sixty (60) days written notice to the certificate holder." 16.5. The Company will furnish the City with certificates of insurance and original endorsements evidencing the coverage required by this Section 27 Olympic Pipeline Franchise upon acceptance of this Franchise. The certificates and endorsements will be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. 16.6. If coverage is purchased on a "claims made" basis, then the Company will warrant continuation of coverage, either through policy renewals or the purchase of an extended discovery period, for not less than three (3) years from the date of termination of this Franchise or conversion from a "claims made" coverage form to an 'occurrence" coverage form. 16.7. The indemnity and insurance provisions herein under Sections 15 and 16 will survive the termination of this Franchise and will continue for as long as the Company's Facilities will remain in or on the Franchise Area or until the parties execute a new Franchise agreement that modifies or terminates these indemnity or insurance provisions. SECTION 17. - Annual Franchise Fee, 17.1. The current franchise fee is set at $22,000 per annum for use of the franchise area. The Company will pay $18,495.82 representing the difference between the current fee and the amount of the franchise payment the Company made to the City in 2010. The Franchise fee for 2011-2012 is $22,330.00 ($22,000.00 multiplied by 11h%), which is intended to cover the City's reasonable costs related to the general administration of the Franchise and its terms and conditions. 17.2. Beginning with year two of the Franchise term and each year thereafter, the annual fee shall be increased by the most recently published Consumer Price Index All Urban Consumers (CPI-U) for the Seattle-Tacoma-Bremerton Area, or at a rate of one and one half percent 28 Olympic Pipeline Franchise (11/2%), whichever is greater. Each increase will become effective on the anniversary date of this Franchise each year. 17.3. Each annual payment will cover the next twelve (12) month period and will be paid not later than the anniversary date of the Effective Date of this Franchise. Interest will accrue on any late payment at the rate of twelve percent (12%) per annum. Such interest will be in addition to any applicable penalties for late payment. Any partial payment will first be applied to any penalties, then interest, then to principal. 17,4. The Franchise fee set forth in Section 17.1 does not include, and the Company agrees that it is separately responsible for, other reasonable costs incurred by the City including, but not limited to reviewing, inspecting, licensing, permitting or granting any other approvals necessary for the Company to operate and maintain its Facilities or for any inspection or enforcement costs thereunder (i.e., customary permitting fees), repairing or restoring damage to City property in the Franchise Area under Sections 7 or 8, responding to any leak, spill or Emergency under Section 11, any additional costs for redesign or delays to a Public Improvement Project under Section 12 or any other extraordinary cost borne by the City caused by Company or its Facilities. The City will invoice Company separately for these reasonable costs and Company will pay within thirty (30) days of receipt of an invoice. Interest will accrue on any late payment at a rate of twelve percent (12%) per annum. Additionally, the foregoing annual fee does not include any generally applicable taxes that the City may legally levy. The Company will bear the cost of publication of this Ordinance. Nothing in this Section will be construed as limiting the Company's right to seek recovery from third parties. 29 Olympic Pipeline Franchise SECTION 18. - Legal Relations. 18.1. The Company accepts any privileges granted hereunder by the City to the Franchise Area in an "as is" condition. The Company agrees that the City has never made any representations, implied or express warranties or guarantees as to the suitability, security or safety of the location of the Company's Facilities or the Facilities themselves or possible hazards or dangers arising from other uses or users of the Franchise Area including the City, the general public or other utilities. As between the City and the Company, the Company will remain solely and separately liable for the function, inspection, testing, maintenance, replacement or repair of the Facilities or other activities permitted hereunder. 18.2. This Franchise Ordinance will not create any duty of the City or any of its officials, employees or agents and no liability will arise from any action or failure to act by the City or any of its officials, employees or agents in the exercise of powers reserved herein. Further, this Ordinance is not intended to acknowledge, create, imply or expand any duty or liability of the City with respect to any function in the exercise of its police power or for any other purpose. Any duty that may be deemed to be created in the City hereunder will be deemed a duty to the general public and not to any specific party, group or entity. 18.3. This Franchise will be governed by, and construed in accordance with, the laws of the State of Washington. SECTION 19. - Company's Acceptance. The City may void this Franchise Ordinance if the Company fails to file its unconditional written acceptance of this Franchise within thirty (30) calendar days from the final passage of same by the City Council. The Company will file its unconditional written acceptance with the City Clerk of the City of Kent. 30 Olympic Pipeline Franchise SECTION 20. - Notice. 20.1. All notices, demands, requests, consents and approvals which may, or are required to be given by any party to any other party hereunder, will be in writing and will be deemed to have been duly given if delivered personally, sent by facsimile, sent by a nationally recognized overnight delivery service, or if mailed or deposited in the United States mail and sent by registered or certified mail, return receipt requested, postage prepaid to: City: City of Kent 220 4th Avenue South Kent, WA 98032 Attn: Brian Felczak, Fire Department With copy to: Tom Brubaker, City Attorney City of Kent Law Department 220 4th Avenue S Kent, WA 98032 Company: Olympic Pipe Line Company Attn: President 2319 Lind Avenue S.W. Renton, Washington 98055 With copy to: Mark Johnsen Karr Tuttle Campbell 1201 Third Avenue, Suite 2900 Seattle, Washington 98101 or to such other address as the foregoing parties hereto may from time- to-time designate in writing and deliver in a like manner. All notices will be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document and retransmission 31 Olympic Pipeline Franchise of any signed facsimile transmission will be the same as delivery of an original document. 20.2. To ensure effective cooperation, the Company and the City will each designate a representative responsible for day-to-day communications between the Parties. SECTION 21. - Miscellaneous. 21.1. In the event that a court or agency of competent jurisdiction declares a material provision of this Franchise to be invalid, illegal or unenforceable, the parties will negotiate in good faith and agree, to the maximum extent practicable in light of such determination, to such amendments or modifications as are appropriate actions so as to give effect to the intentions of the parties as reflected herein. If severance from this Franchise of the particular provision(s) determined to be invalid, illegal or unenforceable will fundamentally impair the value of this Franchise, either party may apply to a court of competent jurisdiction to reform or reconstitute the Franchise so as to recapture the original intent of said particular provision(s). All other provisions of the Franchise will remain in effect at all times during which negotiations or a judicial action remains pending. 21.2. Whenever this Franchise sets forth a time for any act to be performed, such time will be deemed to be of the essence, and any failure to perform within the allotted time may be considered a material violation of this Franchise. 21.3. In the event that the Company is prevented or delayed in the performance of any of its obligations under this Franchise by reason(s) beyond the reasonable control of the Company, then the Company's 32 Olympic Pipeline Franchise performance will be excused during the Force Majeure occurrence, except that it will make best efforts to perform all its obligations under Section 11 at all times. Upon removal or termination of the Force Majeure occurrence the Company will promptly perform the affected obligations in an orderly and expedited manner under this Franchise or procure a substitute for such obligation or performance that is satisfactory to the City. The Company will not be excused by mere economic hardship or by misfeasance or malfeasance of its directors, officers or employees. 21.4. The Section headings in this Franchise are for convenience only, and do not purport to and will not be deemed to define, limit, or extend the scope or intent of the Section to which they pertain. 21.5. By entering into this Franchise, the parties expressly do not intend to create any obligation or liability, or promise any performance to, any third party, nor have the parties created for any third party any right to enforce this Franchise. 21.6. This Franchise and all of the terms and provisions will be binding upon and inure to the benefit of the respective successors and assignees of the parties. 21.7. The parties each represent and warrant that they have full authority to enter into and to perform this Franchise, that they are not in default or violation of any permit, license, applicable regulation, order or similar requirement necessary to carry out the terms hereof, and that no further approval, permit, license, certification, or action by a governmental authority is required to execute and perform this Franchise, except such as may be routinely required and obtained in the ordinary course of business. 33 Olympic Pipeline Franchise 21.8. This Franchise Ordinance will be effective upon the date of the timely filing of Company's written unconditional acceptance having been first 1) introduced to the City Council not less than five days before its approval; 2) submitted to the City Attorney; 3) published at least once in a newspaper of general circulation in Kent; and 4) approved by a vote of at least a majority of the City Council of the City of Kent at a regular meeting. SECTION 22. - Severabilit . If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 23. - 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 24. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage; having first been submitted to the Kent City Attorney; having been granted by the approving vote of at least a majority of the City Council at a regular meeting after introduction on May 17, 2011; and after having been published at least once in a newspaper of general circulation in the City of Kent. SUZETTE COOKE, MAYOR 34 Olympic Pipeline Franchise ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2011. APPROVED: day of _ 2011. PUBLISHED: day of , 2011. 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 35 Olympic Pipeline Franchise UNCONDITIONAL ACCEPTANCE BY OLYMPIC PIPE LINE COMPANY OF ORDINANCE NO. OF THE CITY OF KENT, WASHINGTON The undersigned official of Olympic Pipe Line Company, hereby accepts Ordinance No. which was passed by the City Council of the City of Kent, Washington on June 7, 2011 and is entitled: AN ORDINANCE of the City Council of the City of Kent, Washington, granting Olympic Pipe Line Company, an interstate pipeline corporation incorporated in the State of Delaware, a nonexclusive franchise to construct, operate, maintain, remove, replace, and repair existing pipeline facilities, together with equipment and appurtenances thereto, for the transportation of petroleum products within and through the franchise area of the City of Kent. IN TESTIMONY WHEREOF said Olympic Pipe Line Company, Inc., has caused this written Acceptance to be executed in its name by its undersigned authorized signer, duly authorized on this day of 2011. OLYMPIC PIPE LINE COMPANY By: _.. Print Name: Title: 36 Olympic Pipeline Franchise State of Washington ) ) ss. County of ) I certify that I know of 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) was authorized to execute the instrument and acknowledged it as the of Olympic Pipe Line Company to be the free and voluntary acts of such party for the uses and purposes mentioned in the instrument. Dated this day of 2011. Notary Public in and for the State of Washington My commission expires Received on behalf of the City this day of , 2011. Name: Title: 37 Olympic Pipeline Franchise KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: June 7, 2011 SUBJECT: 4Culture Grant — Authorize MOTION: Accept the grant from 4Culture Sustained Support in the amount of $17,000, amend the 2011 Kent Arts Commission Budget, approve the expenditure of the funds in accordance with the grant agreement, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: 4Culture has awarded the Kent Arts Commission $17,000 in Sustained Support funding through a competitive grant process. The funding will support 2011 programs, including Spotlight Series performances, Kent Kids' Arts Day and Kent Summer Concert Series. EXHIBITS: 4Culture Grant Agreement #111026A RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: The $17,000 revenue impacts the Arts Commission Budget Agreement No. 111026A Contractor's Federal Taxpayer ID No. (last4 digits) Contractor City of Kent Arts Commission Project Title: 2011 Programs Contract Amount: $ 17,000.00 Fund Source: CP —Arts Sustained Support Contract Period From: 01/0 112 0 1 1 To: 12/31/2011 AGENCY SERVICES CONTRACT 2011 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 - it of Kent Arts Commission the "Contractor"), whose address is number is 206 296 7580 and the C ( ) 220 4th Avenue 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. 2011-08. 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, at sue. 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 such public corporation, commission, or authority." The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VI I, 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: e c AG SVC 2011 Page 1 of 7 C. 1. SCOPE OF SERVICES 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 Project 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: Approved logos are available for download in a variety of formats at CULTURE http:/Iwww.4culture.org/partner/logos ninc worm wnmue W 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. If. DURATION OF CONTRACT This Agreement shall commence on January 1, 2011 and shall terminate on December 31, 2011. 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 $17.000.00. �I[ AGSVC2011 Page 2of7 f. 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 contract or 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 equity. ' IV. TERMINATION OF AGREEMENT F 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. r F r AG SVC 2011 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 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. AGSVC2011 Page 4of7 II 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, k 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 F Chapter 4223 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 fake all appropriate steps to assure compliance with this provision. AG SVC 2011 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.C. 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.C.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 4Culture 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. l r r AG SVC 2011 Page 6 of 7 XVI. SURVIVAL The terms and conditions of Sections III, V, Vl, 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: r 4Culture-CDA Executive Director Signature I Date Name (Please type or print) Title (Please type or print) Date K AG SVC 2011 Page 7 of 7 Exhibit A SCOPE OF SERVICE City of Kent Arts Commission and 4Culture, the Cultural Development Authority of King County, mutually agree that the following services be provided in accordance with the application and contract work sheet submitted to and approved by the 4Culture Board of Directors. i Support for 2011 Programs, including the Spotlight Series (7 performances between Jan and March, 3 E. performances between Oct and Dec), Kent Kids'Arts Day (March 5), and Kent's Summer Concert Series (17 performances in Juty Aug). Events are open and publicized to the community. iL L C AMOUNT $17,000.00 I For artist fees and program expenses. Payable upon completion, submittatof invoice and documentation regarding: • Final budget, actual • Completion of evaluation form • Final report of program activities �. • Programs, brochures, flyers if available PUBLIC BENEFIT Programs are accessible to a broad range of King County residents. All events are open and publicized to the community. Approximately 1,200 free tickets to Kent Kids' Arts Day distributed to economically disadvantaged families. Summer arts activities are provided free of charge, including 17 summer concerts. Complimentary and discounted tickets for many performances are distributed by local social service agencies; these tickets reach seniors, teens, disabled citizens and ethnically diverse groups. Public and school lectures, workshops and other outreach activities are offered for free or very low cost in conjunction with performances. Scholarships for classes and residency activities are available. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of 4Culture/ King County Lodging Tax Fund 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. Please contact your 4Culture contract administrator or go to httl2://4CUItUTe.org/partner/index.htm to download the appropriate logo credit. Final gai ment will not be made until acknowledgment is submitted on printed material F Arts Sustained Support 2011 EXHIBITS City of Kent Arts Commission Mailing Address Website 220 4th Ave S www.kentarts.com Kent Washington Email 98032 rbillerbeck(c)ci kent wa us Shipping Address King County Council District # 220 4th Ave S 5 Kent Washington WA State Legislative District # 98032 33, 47 Phone Date Incorporated (253) 856-505D 10/20/1975 Fax Federal Tax ID (253) 856-6050 91-6001254 WA State UBI# C-173-000-002 Revenue last fiscal year $994,647 Revenue 2nd to last fiscal year $1,020,054 Organization Director Cultural Programs Manager, Ms. Ronda Blllerbeck Director Email rb[Ilerbeck@ci.kent.wa.us Director Phone (253) 856-5055 I- Organization Description Kent Arts Commission is a municipal local arts agency, dedicated to providing high quality arts and cultural programs for the citizens of Kent, Mission To provide leadership in establishing cultural opportunities and arts education, to improve the quality of life and enhance the aesthetic environment and to promote Kent as a center for great arts. How do you define your community? (Consider audiences, content producers, and supporters/volunteers.) On the broadest level, our community consists of the diverse population of the City of Kent and the Kent School District service area - approximately 120,000 people. We are committed to providing access for all citizens to quality arts experiences. 2009 attendance at our programs totaled more than 135,000. Our audience characteristics vary and reflect the community's diverse ages, ethnicities and economic statuses. Ethnic minorities make up 30% of Kent's population. We have made progress in developing multicultural audiences by presenting ethnic art forms and engaging in grass roots promotions. More than 40% of Kent residents are considered low income and we employ a variety of efforts to increase participation from these residents, including free outreach activities and admission vouchers. In addition to our own programs, we provide support and funding for local arts groups. Approximately $10,000 is awarded to five or six organizations annually, to support projects ranging from musical F L file:///R]/...-%20!ncl.%20pdf%2Oportfolio/Kent%20Arts%2OCommission/Kent%20Arts%2OCommission_0006-fleldData.html[3/16/2011 6:56:31 PM] theater and chorale performances to a youth poetry program and activities for senior citizens and developmentally disabled populations. The Kent Arts Commission, which consists of 12 mayor-appointed volunteers, advises and assists staff on an on-going basis. Volunteers of all ages also contribute approximately 650 hours annually to our programs. What have been your organization's most significant programmatic accomplishments in the last two years? We have had successes in both our performing and public art programs during the past two years. The 2008-2009 Spotlight Series featured 16 performances and "Spotlight on Arts" brought live performance to 747 people in educational settings. In 2009-2010, Spotlight Series featured 15 performances and total attendance increased 19% from 4,420 to 5,270 - an all time high. Twenty outdoor concerts are presented each year as part of our free Summer Concert Series, which draws 7,500 people. We continue to see success in programs for children and families, including strong participation in the annual Kent Kids'Arts Day and Student Art Exhibit. "Summer Nights and the Silver Screen"were launched in 2009 at Town Square Plaza. This new series of free outdoor movies was well-received and attended. In the area of public art, significant achievements included continued restoration and promotion of Herbert Bayer's Earthworks. A premiere screening of the documentary A Place for People: The Herbert Bayer Earthworks took place at the Henry Auditorium on the University of Washington campus in September of 2009. We were pleased to receive a grant of$70,000 for restoration projects through the National Trust for Historical Preservation's Partners in Preservation program. A concerted public engagement effort, including two public events, helped the Earthworks finish 12th of 25 properties. Our gallery hosted exhibits, including Marvels of Modernism, documenting cultural landscapes throughout the country, including Bayer's Earthworks, which was one of 12 designees chosen from hundreds of nominations from around the nation. Public art project, Sweet Suite for Downtown Kent by Elizabeth Conner was dedicated at Kent's Town Square Plaza. What have been your organization's most significant administrative accomplishments in the last la two years? f A significant administrative accomplishment has been managing City-wide budget reductions, with an effort to maintain high-quality programs that are relevant and serve citizens of Kent. Our full-time staff decreased 20% in the last year and we lost funding for temporary, part-time help as well. By realigning staff duties, and making careful decisions based on mission, impact and financial factors, we have been able to maintain the majority of our programs and services with minimal reductions. We have increased our efforts to obtain grants and sponsorships to bolster capital and project funding. Notable successes include, receiving $25,000 from the National Endowment for the Arts' Mayors Initiative on City Design grant program. Funds will support a bicycle tour and public outreach campaign, linking the Herbert Bayer Earthworks, the Robert Morris Earthwork, the Green River Natural Resources Area and Lorna Jordan's Waterworks Gardens. We also received $6,500 in American Revitalization and Reinvestment Act funding through a 4Culture grant to continue hiring professional performing artists to participate in Kent's Fourth of July Splash Festival. And, we maintained our free summer programming - movies and concerts - at previous levels by obtaining additional sponsorship funding. What do you hope to accomplish in the next two years and what are your challenges? We will implement the 2010-2012 City Art Plan, including a career retrospective exhibit for renowned Kent artist - Danny Pierce. The exhibit will take place September through October 2010, and correspond with the artist's 90th birthday. Wenatchee Valley Museum is hosting a similar exhibit and partnering with us on promotional efforts. We will realize a bicycle tour and public outreach campaign funded by NEA Mayors' Initiative on City Design. This cultural tourism project, linking Herbert Bayer Earthworks (Kent), Robert Morris Earthworks (Seatac), Green River Natural Resources Area (Kent) and Lorna Jordan's Waterworks Gardens (Renton), will allow us to promote our cultural heritage through new and existing partnerships. We will implement grant funded restoration projects at Herbert Bayer's Earthworks, install public art in Kent's new Panther Lake annexation area, and continue to maintain and repair our existing public art collection through continued partnerships with the community, including Kent Downtown Partnership, Kent Historical Society, private cultural tour businesses and Kent School District. We will build on the success of our Spotlight Series of performing arts events and refocus the scope and direction of the season within new budget realities. We will strive for high quality, balance of genres, ethnic diversity and offerings for youth, while focusing on a smaller, self-sustaining series. Continuing our sponsorship program will allow us to file:///Rl/,..-%20incl,°/o20pdf%20portfolio/Kent%20Arts0/020Commission/Kent%20Arts%20Commission_0006_fieidData.html[3/16/20116:56:31 PM] increase revenue and expand potential for higher profile artists. Budget reductions are our biggest challenge as we complete 2010 and move into 2011. Maintaining high quality programs with decreased staff and resources will be difficult In the coming months and years. A major challenge will be achieving the mandate for Spotlight Series to be self-sustaining while maintaining the quality and diversity of the series. Obtaining sponsorship support remains difficult in the current economic environment and event production costs are rising. Providing necessary stewardship and maintenance of the City's art collection with limited resources is an ongoing challenge. Reduction of funding has diminished capacity for incorporating art into current and future capital projects and conducting necessary maintenance on the existing collection. file:///Rl/..:-%20incl.%20pdf%20portfolio/Kent%20Arts%20Commission/Kent%20Arts%20Commission_0006_fieldData.html[3/16/2011 6:56:31 PM] CULTURE 2011 LAA Sustained Support Operating Budget 5465€C0NPAV9NVe SUIT0201 $4M1MZW498101 1510112 s - e NAME OF LAA: City Of Kent Arts Commission Fiscal Year Ends: December,31, (morut0day) ACTUAL ACTUAL CURRENT FINANCIAL FY 2008-09 FY 2009-10 FY 2010.11 - 1 Arts Program Expenses: 2 Personnel: 3 Artistic permanent 0 0 0 4 temporary 261,746 225,383 130,592 5 Production permanent 0 0 0 6 temporary 32,594 27,179 12,543 7 Administrative permanent 448,693 478,517 372,738 8 temporary 12,348 19,217 2,955 9 Education permanent 0 0 0 10 temporary 0 0 0 11 ProductionlExhibition expenses 19,126 15,962 27,650 12 MarketinglPromotion expenses 116,967 114,832 88,768 13 Fundraising expenses 0 0 0 14 Education expenses _ 5,106 2,944 6,223 15 Occupancy expenses(mortgagelrent/utilities) 17,230 19,291 20,922 I� 16 Administrative expenses 89,295 76,073 93,790 G 17 Subtotal 11003,055 978,393 756,181 18 In-Kind expenses(must=Inklnd Contributions) 16,999 16,254 11,186 19 TOTAL ART PROGRAM EXPENSES 1,020,054 994,647 767,367 20 Earned Income: 21 Box OfticelAdmisslon 75,548 1 70,989 52,229 22 Tuition/Warlshops 29,194 32,926 1 22,958 23 SaleslConcessionslRentals 15,873 14,889 11,200 24 Interest&Earnings(savings,reserves,etc.) 0 0 0 25 Other Earned Income 0 0 0 26 TOTAL EARNED REVENUE 120,615 118,804 186,387 27 Contributed Income: 28 Federal Government 0 0 O 29 State Government 6,750 6,750 6,000 30 4Culture 9,250 34,000 0 31 City Government 834,816 778,352 691,266 32 Corporations 22,625 25,875 16,653 33 Foundations 2,500 5,000 1,875 34 Individuals 6,499 9,612 2,000 35 Fundraising Events(ONet or OGross income?) 0 0 0 36 Misc.contributions 0 0 0 37 SUBTOTAL CONTRIBUTED INCOME 882,440 659,589 - 669,794 38 In-Kind Contributions 16, 999 16,254 11,186 39 TOTAL INCOME 1,020,054 999,647 767,367 4- I i i- E Y �F, ®+ GULTURE tl a y x ", a^ =hEfa ti S 31 53 . Support Operating fudge#Notes Budget notes are valuable in explaining your organization`soperations. Please use this area to help us understand your operations, and focus on any categories that show a significant variance from year to year. Make sure to explain what makes up your in-kind revenue if it represents more than 10%of your total income i LINE ITEMICATEGORY EXPLANATION 4/Persomtel Artistic Temporary 42%decrease from 2009 to 2010 budget reflects city budget cuts-elimination of some k programs(youth theater residencies,festivals)and reduction of performing arts series. 1 54%decrease from 2009 to 2010 budget reflects city budget cuts-elimination of sound 6/Personnel Production Temporary and lighting services for reduced programs. 22%decrease from 2009 to 2010 reflects city budget cuts-elimination of one FTE,5 to 7/Personnel Admin permanent 4 full time staff. I � 85%decrease from 2009 to 2010 reflects city budget cuts-elimination of all funding for 8/Pcrsonnel Admin Temporary summer interns. Only funding for shuttle bus drivers for summer programs remains. i 73%&24%increases from 2009 to 2010 respectively. We under-spend in these line - 11&16/Production/Exhibit&Admn items annually.2010 budget in these categories has not caught up w/adjustments. 1 23%decrease from 2009 to 2010 reflects city budget cuts-reduction in 12Markethig/Promotion Expenses marketing/promotional budget linked to reduction in programs. i � 2010 budget number is much higher than 2008 and 2009 actvals because educational 14/Education Expenses programs have been put on hold,but not out. i 26%decrease from 2009 to 2010 reflects city budget cuts-reduction in performing arts 21Box Office/Admission programs results in reduced capacity to generate revenue. I _ 30%decrease from 2009 actual to 2010 budget reflects conservative budgeting in our 22/Tuilion/Workshops estimation of potential revenue.-- — 25%decrease from 2009 to 2010 reflects city budget cuts-elimination of Arts 23/Sales/Concessions/Rentals Commission participation in Cornucopia festival results in reduced revenue capacity. 2009 actual is unusually high because both 08&09 Sustained Support were deposited in 30/4Culture - that year. 2010 budget does not yet reflect any accepted grants from 4Culture. Decreases from 2009 actuals to 2010 budget amounts reflect conservative budgeting in 32,33,34/Corp,Found,Individuals our estimation of potential revenue in these areas. I. r CULTURE EVENTS/PROGRAMS/SERVICES LIST YOUR PRIMARY ACTIVITIES FOR THE MOST RECENTLY COMPLETED YEAR: ACTIVITY EST. ATTENDANCE SPOTLIGHT SERIES PERFORMANCES James Cotton, 1/23/09 364 International Guitar Night, 2/7/09 240 Dallas Brass, 2/12109 (performance+clinic and rehearsal for band students) 380 Crayon Court, 318/09 (performance+ hands-on project at Kids'Arts Day) 1,650 BodyVox, 3/14/09 (performance+ballet master class) 230 L Tom Rush, 3/28/09 250 Avner the Eccentric,4/4/09 156 George Winston,4/22109 437 Levey Smith and Her Red Hot Skillet Lickers, 9/26109 101 The Art of Bellydance, 10/10/09 164 Roger McGuinn, 10/23/10 196 Magical Strings Celtic Yuletide Concert, 12/6/10 268 Late Nite Catechism, 12/12/09 375 Youth Theater residencies, Mar/Jul 09 1,200 Summer Concert Series, 17 shows,Jul-Aug 09 8,000 i Outdoor Movies, 3 movies, Aug 09 1,600 Kent Kids'Arts Day, 3/7/09 1,500 Kent's Fourth of July Splash, 714/09 15,000 Cornucopia Days, 7/10-12109 100,000 Kent Student Art Exhibit, March 2009 2,000 Centennial Gallery Exhibits, 6 exhibits throughout 2009 5,000 Grants to artists and organizations, 7 events 4,000 Public art, ongoing development and maintenance r i m 4 Ol O N 'O 3 ` .O p r _ �pp T m d O m U L N @ p ❑ @ d @ 0 m C @ U M 2nr `m `m °' � d T Sao aaEi EZ .- C@ C G'C c C O N @ C N N O N N = N N N '- CCY [OY Y� Y ❑ 6 CCU CDC O'n LY > oM Or' Q QON ON ON ON ONONONON ON ON ON ONON ON 0 E U N E: E °J € o o � @ L 45 c E E E oo. E w p m o: EI 8 N LI � Emmm ,E N 7 i 0 T ^V R 0 r -O w � � oN rnP N@ M pC9 U!p N U f0 c 4 U p� i �U � r 0 M N O d' (0 o N m @ M ( N Mm M Ifi r. pL N N.l(1� = tCl O rM OL p ll] lC1 00 � W �p M NOJ L!N OJ ON Ua O =INN NN N '� NN NN O N vmi s o m vmi �U'i E m E� ' -o o of f s E.�c E Y L E- L E m s N := N G NN E2U <n 2- Oa NI-I= �i m U- El Ski .. 2 U O P A \ Q a Q ¢ Q >Q a >¢ Q V >Q C p C O G O C O G O c 0 c 0 C O C O C O = O C O p [1 Opp Y N m N od w NO Np Nm Oa) @ W NCO @ W dN O W c o Yrn m Yp Ym Yrn Y Yrn Yw Yp Yrn Yrn Yp 0 N K Z o co W m � a uWj 0) ai N n n @ Cl) - o W Q LLl N r = m N W O r p INCS W O Y O � N O O W O y m w c v n v E 72 w CO.iYE YE m 'm °u `o 6 F- z F�.z V @ tLJ @ T N @ 9 JE - U) J coN J ❑ O V �o N ®;2: O U t11 E w Yd @ C Z O YL3 N _ O N c O m p O En � Q m 0 0 a v w N O I F E N @ Y Y 3 U tl C Y I� U VI C O O U Y O O C � � N I� 6 (6 6 v n n op n n �N � M LL) C��fJ CJ Ifl C7 In s �noino � o u;o O w o C O 0] R m 9 N C tJNK U :2 U � � mr � ii i i EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, 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 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. 1. 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 per project El Automobile Liability Covering all owned and non-owned and hired automobiles—Combined Single Limit of$1,000,000 BI & PD 2. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by,4Culture. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor. 3. Other Insurance Provisions k 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 respects 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 insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, 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 lawsuit is brought, except with respect to the limits of the insurer's liability, (b) All Policies �- i (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contract. No material change, or cancellation or nonrenewal 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 Vill. 5. Verification of Coverage 4Culture, reserves the right to request that contractor submit the certificate(s)of insurance evidencing compliance with all requirements set forth above. i' KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: June 7, 2011 SUBJECT: Cascade Land Conservancy Consultant Services Agreement - Authorize MOTION: Authorize the Mayor to sign the agreement with Cascade Land Conservancy in the amount of $38,549 for implementation of the Green Kent Partnership, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Staff applied for and received a $50,000 grant from the King Conservation District to underwrite Cascade Land Conservancy's services. This contract covers the scope of work to be performed by Cascade Land Conservancy for Year two of the Green Kent Partnership. Specifically, the contract covers project coordination to collect and track the field work being done by the volunteer stewards, create annual steward work plans, and provide technical input, and recruitment outreach and leadership as needed. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Funding is through a grant from the King Conservation District Signature Request Form Date of Request: 4/19/201 1 Requestor. Norah Kates Project Name & Code: Green Kent Partnership(GC1783 l Document Type: Contract Deadline for Signature:ASAP - - - -_ ❑ Meets the criteria set forth in the protocols and reviewed by department head on For legal documents or binding agreements: OR Was approved by the Board of Directors under resolution# on ❑ Project Summary or Board Decision Memo i ❑ Project Code Request/Approval Sheet attached (If new Attached project code needed) Monetary commitment: ❑ Yes No Services commitment IhJ Yes ❑ No Reviewed/Proofread By: In Order of Review (Please Initial and Upate) Legal I. Ann Gygi All Conservation matters 2. Michelle Connor All Development matters 3. Shamra Clark - All Marketing matters 4. Natalie Cheel i7j III = j All Policy matters S. Skip Swenson All Stewardship matters — 6.—Jodie Sahr j Any Financial obligations, and All lega.! 44 documents or bindin t r-e..ments 2• feresa Macaluso f\ U Vra ident's signature needed 8 Gene Duvernoy - ` tac 1vd Brief Description of Document: New contract to continue our work with the City of Kent, implementing the Green Kent Partnership.This will enable us to invoice all work done thus far in 201 I,and the remainder of the year's work. �- Relation to Mission &Cascade/Olympic Agenda:Vibrant, livable cities need healthy natural open space. Parks and natural areas like those included in the Green Kent Partnership project area help to improve urban environmental health, as well as provide connections to nature for city residents. Kent is the fifth and newest city in the region to join the Green Cities Network. Impact to Budget: $34,000 for CSC staff time at external races, and$4,000 more for contracted costs, travel,and supplies, Y Required Board Engagement: None. Distribution of Executed Documents to Finance: If Grant:Attach completed"Grant Cover Sheep'to original grant and give to Ben If Contract:Attach completed"Contract Cover Sheet'to origin]contract and give to Ben If Property Acquisition,Transfer, or Sale:Original to Project File and copy to Teresa rF- H lls� T CONSULTANT SERVICES AGREEMENT between the City of Kent and Cascade Land Conservancy THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cascade Land Conservancy organized under the laws of the State of Washington, located and doing business at 615 Second Ave #600, Seattle, WA 98104 P: 206-292-5907 F: 206-292-4765 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide field work, community support and resources and administration to the City of Kent In year two (January 1, 2011 - December 31, 2011) of the "Green Kent Partnership" as described in the consultant's "Scope of Work" attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement (January 1, 2011), Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. I A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Eight Thousand Five Hundred Forty Nine Dollars ($38,549.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by It for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) F B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute, In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained 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. F D. The Consultant is responsible for filing as they become due all necessary tax 6 documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) i Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. I The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24,115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION, THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER, The provisions of this section shall survive the expiration or termination of this Agreement. - VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, Insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide 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 F Consultant on any other project shall be without liability or legal exposure to Consultant, XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials, Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable, A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award k provided by law; provided, however, nothing in this paragraph shall be construed to limit the E 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 i 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 r hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT- 4 (Over$10,000) 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: &y-eLa_ t lc eoSaefl Print Name: Suzette Cooke Its Cti c p(-r. Its Mavor (true DATE: DATE: NOTICES TO BE !SENT TO: � NOTICES TO �E SENT TO: I CONSULTANT: ? CITY OF KENT: Ara Erickson Victoria Andres Cascade Land Conservancy ( City of Kent 615 2n° Ave #600 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 206-292-5907 (telephone) (253) 856-5113 (telephone) 206 292 4765 (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department i Caude land Conservancy'Crto Kent Parts NP-Year Two CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative - response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. E 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 Iki Imo, 2011. / By: - — V� p — For: ( n��-r�/�JJc�I n A FYtSz�v c Title: _� c ram Date: �l EEO COMPLIANCE DOCUMENTS - 1 k i i 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. Lk r 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. I 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. I 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 201_. By: For: Title: Date: I Ii j EEO COMPLIANCE DOCUMENTS - 3 k R.HKENT `I ire] 4gg f Scope of Work January December Implementing the Green Kent Partnership ■ e • i i i Introduction These next two years will see the Green Kent Partnership moving beyond initial planning and into the first phase of on-the-ground work. Our focus will be to work from the base of support for the parks and natural areas that has been built by the City through existing community programming, and expand involvement to meet our volunteer and field goals. We will help our first Green Kent Stewards get started at sites throughout our project area, and recruit volunteers to support them in carrying out their first work plans. We will also be building the Green Kent Partnership brand, so that it will be recognized as the way for community members to get involved with and contribute towards a healthy, safe environment in Kent. We will follow the benchmarks laid out for 2011 and 2012 in the 20-Year Park and Natural Area Management Plan: enrolling 3 new acres into the initial phases of restoration and 4 new acres into monitoring and maintenance; recruiting and managing 1,300 volunteer hours; supporting the Steward program and adding new Stewards; promoting the Partnership in the media;working on a campaign plan for the Partnership; fine-tuning the management structure; coordinating staff training opportunities; and reporting and celebrating our successes. In 2011, Cascade Land Conservancy (CLC) and City of Kent partners will continue to work alongside each other. We envision CLC continuing to play an important role in coordination and support for the program in general, especially through the Management Team and regular reports to staff. We will also work on volunteer „ s recruitment and outreach to the general public, as well as assist the Steward program. Additionally, in 2011, CLC is bringing substantial leveraged funding to the Green Kent Partnership in the form of a carbon mitigation project and a US Forest Service grant, To clarify the different responsibilities and deliverables associated with these funds, a Leveraged Responsibilities and Deliverables section is included after CLC's Responsibilities and Deliverables. Green Kent Partnership Goals: From 20-Year Park and Natural Area Management Plan • Actively manage all 1,189 acres of Kent's public natural areas by 2030 by removing invasive plants and replanting native trees, shrubs, and ground cover, attending to past plantings, monitoring for invasive regrowth, and providing long- term maintenance. • Build community capacity by teaching restoration practices to volunteers. • Create a Green Kent Steward program to help coordinate active community leaders for each natural area. • Create and implement a public involvement plan to educate and engage the community in stewardship projects. • Establish resources to sustain the program for the long term. • Identify and conserve additional forested, wetland, and other natural areas that provide important ecological and public benefits,with a special emphasis on connectivity through habitat corridors and trails. • Educate citizens and landowners about the value of healthy native vegetation on private property as an important component of Kent's green infrastructure. ` Green Kent Partnership Scope of Work:2011 Page 2 of 9 I 1. Scope of Work for January - December 2011 F t FIELD WORK As the Green Kent Partnership shifts its focus from initial plans to field work, we will combine the efforts of City and contracted crews with those of volunteers to accomplish our goals. We will ensure that sites where initial work was started are revisited and secondary work begun before moving ahead to prevent back-sliding. We will also finalize monitoring and tracking procedures: adopting a monitoring program for Kent, based on EarthCorps Science's protocols used for the Green Seattle Partnership, and creating a database that can be used with GIS to display our progress. In addition,we will help coordinate the addition of the Panther Lake Annexation Area into the Green Kent Partnership, working with a forestry consultant to map the new acres added to the City in 2010. Green Kent Partnership Strategic Benchmarks, 2011 1 , Enroll 3 new acres in initial restoration 2. Enroll 4 acres of Tree-iage Category 1 into maintenance and monitoring 3. Continue restoration and maintenance on previously-enrolled acres (-3 acres) 4. Monitor progress Cascade Land Conservancy's Responsibilities and Deliverables • Create a geodatabase to track field work until the centralized data portal can be used (see leveraged responsibilities below): o Geodatabase holding information about fieldwork accomplished. • Assist with collaboration between Green Kent Stewards and other Partnership work to accurately direct progress toward program goals: o Restoration Database demonstrates at least 3 new acres of restoration; 4 maintenance and monitoring acres. • Manage field work tracking to market the program's achievements and.guide planning: o Quarterly reports created with City staff and submitted for internal reporting needs, and annual reports produced for public stakeholders. • Assist City staff to create annual field work plans with new Green Kent Stewards: o Annual site visits scheduled;with all Green Kent Stewards. o Green Kent Stewards' restoration goals are met and maintenance is continued on previously-enrolled acres. • Provide technical input and program leadership as needed, including seeking out relevant resources from other partners within the Green Cities Network. • Hire forestry consultant to assess site conditions on all (or all applicable portions of) the 218.91 acres of Parks and Public Works land included in the 2010 Panther Lake Annexation Area. Coordinate assessment work done by consultant. Leveraged Responsibilities and Deliverables • Carbon Mitigation o Approximately 8 acres will be enrolled in initial restoration in 1 or 2 sites in Kent for a carbon mitigation project. Cascade land Conservancy will develop the site management plans, in cooperation with Green Kent Stewards and City staff; hire and F Green Kent Partnership Scope of Work:2011 Page 3 of 9 0 manage the contracted field work; purchase all materials and L supplies; and ensure proper reporting. • Centralized Data Portal o Through a US Forest Service grant, the Green Seattle and Green Tacoma Partnerships are creating a centralized data portal to L collect and manage an interactive calendar, event requests, registration,work log submission, and volunteer attendance information. This data portal is expected to be completed in early 2011 and is expected to be available for the Green Kent Partnership in mid-summer 2011. • Implement Standardized Monitoring Program o The Green Seattle Partnership is implementing a three-tiered, standardized monitoring program for urban forest natural areas. The City of Seattle will work with EarthCorps Science to field test and finalize the draft three-tiered monitoring protocol to use with three levels of monitors: volunteers, contractors, and staff. After field-testing, the protocols will be evaluated, feedback solicited from volunteers and urban forest restoration contractors, and revised as needed. o After the trial in Seattle, Cascade Land Conservancy will continue to work with EarthCorps Science and other city-based supporting organizations to implement the same core protocols and trainings within the other Green City Partnerships. Staff, related organizations, and restoration professionals will be invited to peer- review and evaluate the three-tiered monitoring protocol. As a team, the Green City Partnership staff and partners will decide which components will be adopted as the core minimum data to be collected by each city and what components can be added beyond the three tiers.These adopted Green City Partnership L monitoring protocols will need to stay consistent between cities to allow for regional tracking and areas of improvement, but will be flexible enough to be tailored to match different City needs.The end result will be a set of monitoring protocols that will produce consistent data and tracking ability across all Green City Partnership sites and other urban forest natural area restoration efforts. o Specific deliverables are still being negotiated with the US Forest Service, but the deliverables related to Green Kent will most likely include: f` • Revise the three-tiered monitoring protocol as necessary based on feedback from volunteers, contractors, and staff and make final product available on-line and incorporated into existing Steward field guides. • Regional database of monitoring results developed and report on urban forest and natural area restoration g successes and challenges to be shared on-line and mad e available to other communities and urban forestry programs in the Puget Sound and beyond. Green Kent Partnership Scope of Work:2011 Page 4 of 9 COMMUNITY Community support is absolutely essential for the success of the Green Kent Partnership. It is important that the next phase of the program nurture the community that is already invested in parks and natural areas in the City, as well as builds the brand that will sustain the Partnership for the future. The new Green Kent Stewards program will allow us expand our reach to more sites, more neighborhoods, and more volunteers. They will also add local ownership and help increase general community support. Our primary focus in the first two years will be to help them get set up at their sites by assisting their work plans and by trying to direct community volunteers to their events. Green Kent Partnership Strategic Benchmarks 1. Recruit and manage -1,300 volunteer hours 2. Continue Forest Steward program with 6 active Stewards 3. Media campaign focused on success stories and branding Cascade Land Conservancy's Responsibilities and Deliverables • Manage volunteer tracking to reinforce outreach efforts, record progress towards volunteer goals, and market the program's reach: o Quarterly reports created with City staff and submitted for internal reporting needs, and annual reports produced for public stakeholders. o Produce maps for annual report showing distribution of volunteer and community involvement, including, but not limited to, active sites with and without Green Kent Stewards, sites with high levels of volunteer engagement, and more. k • Guide targeted outreach to environmental, stewardship, and civic volunteering community in Kent to support volunteer opportunities: o Large volunteer opportunities posted on United Way, Volunteer Match, and other websites; all public events posted on the Green Kent website. o A minimum of 5 outreach events/opportunities attended and/or outreach materials provided to Green Kent Stewards to attend representing the Partnership. o Volunteer Database demonstrates at least 1,300 volunteer hours logged for Green Kent Partnership work. o Assist with quarterly newsletter for volunteers and supporters. • Oversee creation and revision of outreach materials: o Updated Steward flyer ready for distribution one month ahead of training date. o Brochure ready for distribution by mid-February. o Other outreach materials designed and distributed as needed. • Keep website fwww.areenkent.ora) updated with upcoming volunteer events, opportunities for involving community members, and recent news: o Website updated, at a minimum, monthly, or as needed. o Quarterly e-mail newsletters.posted. • Assist City staff in fielding questions from prospective and current volunteers and the media.: Green Kent Partnership Scope of Work:2011 Page 5 of 9 o E-mail inquiries responded to in a timely manner and appropriate staff or other partners notified. • Support Green Kent Stewards by directing volunteers towards their sites. • Assist with Green Kent Steward program, with a minimum of 6 active Stewards: o Assist City of Kent staff questions, and provide information and support. o Green Kent Stewards provided with access to outside training, hosted by other organizations and agencies, as appropriate. • Assist with hosting Green Kent Steward orientation and organize additional trainings as interest and needs dictate. o Work with the City to advertise Green Kent Steward volunteer job description in advance of annual orientation. o Assist with updating Field Guide and other materials if needed by orientation date. o Annual Forest Steward orientation attended by at least 8 new people each year. Leveraged Responsibilities and Deliverables • Host and lead at least one volunteer event per Carbon Mitigation site, ideally in cooperation with Green Kent Steward(s) when appropriate. RESOURCES AND ADMINISTRATION We will continue to fine-tune the role of the Management Team to ensure that the Green Kent Partnership is well planned, coordinated, and reported. Staff training will =_ also be a priority, organized to share knowledge and expertise between City departments, and from other Green City Partnerships through Cascade Land Conservancy. We will continue to report our progress and create work plans annually. Green Kent Partnership Strategic Benchmarks (2010-2011) 1 . Identify and pursue stable funding sources 2. Create campaign plan 3. Develop BMP plan for staff across city departments 4. Begin planning of long-range management structure 5. Develop 2010 work plan 6. Write 2010 annual report 7. Develop 2011 work plan Cascade Land Conservancy's Responsibilities and Deliverables • Facilitate monthly management team meetings (mby be reduced to every other month if significant process is being made) as a time for collaborative planning and problem-solving, to guide the 20-year plan through short-term benchmarks: o Ensure that work across program areas is in sync and well-timed to maximize impact. o Guide growth of the Management Team and formation of an Executive Council, as directed by Management Team. o Monthly Management Team meetings held with updates on progress between meetings complied 1 week before meeting, and agenda sent to all members of team at least 3 business days before meeting. g Green Kent Partnership Scope of Work: 2011 Page 6 of 9 i i • With assistance from, and in cooperation with, City staff, draft the annual work plans and reports for work completed in the three program areas: o Annual work plans created for 2011, based off of benchmarks from 20-Year plan and adaptive management needs. o Draft plan will be ready for review by Management Team, co- edited with other team members, and finalized two weeks following the first meeting of the year. o Comprehensive Annual Report compiled showing major accomplishments in 2011, written and distributed as an internal version for staff, and a public version for volunteers. • Work with City staff to provide updated written documents and/or in-person trainings sharing restoration best management practices and volunteer management: o Introduction to the Green Kent Partnership o Volunteer event training for City crews and other staff o Native plant identification o Natural area restoration basics- phases of restoration • Serve as a facilitator between Kent and other Green City Partnership 'staff and partners to seek advice and share methods and resources. • Guide incorporation of Panther Lake Annexation Area into Green Kent Partnership work by leading the creation of an addendum to the 20-Year Natural Area Restoration Plan, based on the contracted field assessment. • Begin long-term funding plan for the Partnership. • Collaboratively review costs of program and ensure sufficient progress is being made toward goals according to budget. !I, Green Kent Partnership Scope of Work:2011 Page 7 of 9 0 2. Project Personnel Direct Staff Ara Erickson (AE), Green Cities Director, leads CLC's Green Cities program—a unique network of public-private partnerships with municipalities to build community-based stewardship for forested parklands and natural open spaces. Ara has more than 10 years in the natural resource and urban forestry fields, with experience in community involvement and education, field data collection and analysis, natural resource planning and management, spatially-based research, and project management. Ara holds an M.S. in Urban Forestry from the University of Washington and a B.S. in Resource Management and Forestry from University of California, Berkeley, and is an ISA Certified _ Arborist. Norah Kates (NK), Green Cities Project Associate, has worked on the Green Kent Partnership since its beginning in 2009. She conducted the initial assessments and coordinated the writing of the 20-Year Park and Natural Area Management Plan. Norah worked with City staff to initiate the Stewards program to harness the energy of Kent's most dedicated volunteers. She has played an active role in the development of the network to connect the different Green City Partnerships, and her experience working on each of the other programs informs and strengthens her work in Kent. Norah holds a B.S. in Natural Resources from Cornell University and, as a staff member at CLC, _ specializes in community engagement, volunteer management, and urban public natural resource planning. Christopher Walter(CW), Geospatial Director, created and leads CLC's geospatial -- s program to support conservation planning and acquisitions, policy analysis, land management and restoration, public relations, fundraising and education. In his thirteenth year working in the conservation GIS field, his expertise covers cartography and information design, spatial analysis and modeling, databases, and project management. Christopher earned an M.S. in Environmental Policy Analysis from the University of Charleston and a B.S. in Conservation Ecology from Purdue University. Leveraged Staff Andrea Mojzak (AM), Green Cities Project Associate,will lead the Carbon Mitigation work, coordinating with CLC and City of Kent staff on selecting sites, drafting stewardship plans, working with Green Kent Stewards, and hosting volunteer event(s). Andrea will be responsible for writing stewardship plans, if they do not exist already, hiring and managing contractors, and ensuring work is being done in accordance with the Green Kent Partnership's goals and best management practices. Andrea has been at CLC for almost 3 years and holds a degree in science education. While working with the Green Seattle Partnership, Andrea has focused on in field education, community outreach and field work. Joanna Nelson (JN), Green Seattle Project Manager,will coordinate with CLC and City of Kent staff on implementing monitoring protocols originally developed for Green Seattle Partnership, as part of the US Forest Service grant. Joanna has been at CLC as the Green Seattle Partnership manager for 5 years, and holds a degree in wildlife biology. She specializes in working with volunteers, crews and agencies on community based urban forest restoration projects. Green Kent Partnership Scope of Work: 2011 Page 8 of 9 I 3. Proposed Budget Levera ed City of Kent Carbon US Total Mitigation Forest Leveraged Service Jan - Dec 2011 Hours/ GKP Program Areas Rate/Hour Quantity Cost Cost Field Work Green Cities Director, AE $125 10 $1,250 - $0 Green Cities Project Associate, NK 90 50 $4,500 $5,000 $5,000 GIS Director, CW $125 8 $1,000 - $0 Green Cities Project Associate,AM - - 7,000 - $7,000 Green Seattle Project Manager, JN $3,900 $3,900 Earth Corps Science $2,000 $2,000 Field Contractors $2,904 $8,400 $11,304 9,654 $7,000 $8,900 $15,900 Community Green Cities Project Associate, NK $90 125 $11,250 $1,200 $1,200 GIS Director, CW $125 8 $1,000 - $0 Green Cities Project Associate, AM - - $2,000 - 2,000 $12,250 $3,200 $0 $3,200 Resources Green Cities Director, AE $125 29 $3,625 - $0 Green Cities Project Associate, NK 90 128 $11,520 - $0 $15,145 $0 $0 $0 Total Personnel Costs $37,049 Travel, Printing, and Sup lies: at cost,will not exceed Volunteer Events Supplies 30 10 $300 $762 $762 Travel $10-$50 24 $1,200 $762 $762 Total Other Costs $1,500 $1,524 $0 $1,524 Grand Total $38,549 $11,724 $8,900 $20,624 Green Kent Partnership Scope of Work: 2011 Page 9 of 9 OP ID:CLI CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDOIYYYI'f 05116l11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES �. BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED (- REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. 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 I� certificate holder in lieu of such endorsement(s). ACT PRODUCER 703-397-0977 NAME, Alliant Insurance Services Inc 703-397-0995 PHONE INC,FAXN° 4530 Walney Road-Suite 200 plc No E Chantilly,VA 20151 oA oRlEss: John R Muha 1 FMA PRODUCER 10#:CASCA-2 INSURER(S)AFFORDING COVERAGE NAIC# INSURED Cascade Land Conservancy MsuRERA:FederalInsurance Company 20281 615 2nd Avenue, Suite 625 INSURER B:TRAVELERS Seattle,WA 98104-0000 INsuRERc: INSURER O: _INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R ADDL POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE MD POUCYNUMBER MMQDNYYY MM/DD Y GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 35763928 07101/10 07/01/11 PREMISES Ea..,once $ 1,000,000 CLAIMS-MADE OCCUR M ED EXP(Any one person) $ 10,00 _ X Stop Gap 35763928 07/01/10 07/01/11 PERSONAL a ADV INJURY $ 1,000,000 Liquor Liability GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG $ Included POUCY PR LOC Liquor $ Included - AUTOMOBILELIABILIW COMBIidert) GLE LIMIT $ 1,000,000 (Ea accident) A ANY AUTO 35763928 07/01/10 07/01111 BOGILYINJURY(Per peaan) $ ALLONMEDAUTOS BODILY INJURY(Peraccident) $ r SCHEDULEDAUTOS PROPERTY DAMAGE $ '- X HIREDAUTOS (Per accident) X NON-OVJNEDAUTOS $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 �. EXCESS LIAB CLAIMS-MADE 0710119D 07/01/11 AGGREGATE $ 2,000,000 A 79798540 $ DEDUCTIBLE i $ I RETENTION $ WORKERS COMPENSATION WC ORY LIMITS 6R AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOWARTNERIEXECUTNE❑ E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) EL,DISEASE-EA EMPLOYE $ Hs under E.L.DISEASE-POLICY UMIT $ S6&�cRIPTION D OF OPERATIONS below A Directors Officers 81641435 07/01/10 07/01/17 Liability 1,000,000 B Professional Liab 104758733 06109/10 06/09/11 Liability 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,Ir more space is required) The City.of Kent is named as an additional insured On all policies(except Professional Liability)as respects works performed by or on behalf of the Consultant.The 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. CERTIFICATE HOLDER CANCELLATION �. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Tony Donatl 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent,WA 98032.6895 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD r i, i II j r 35763928 i POLICY WMER Cascade Land Conservancy COMM CtAL GENERAL LIABJL171' THIS ENDORSEMENT CHANGES SHE Pt3L10Y. PLEASE READ 17 CAREFULLY- ADDITIONAL INSURED - OWNGRS, LESSEES OR CONTRACTORS - FORM B _ 4 This endorsement modifies insurance provided under the fcllowfng COMM&RCM GENERAL LtABIL ITY COVERAGE PART i' SCi-IEDUI E Name of person or Orgamfxationt The City of Kent is named as additional insured as their Interests may appear due to contractual agreement with insured, (if no entry ,appeare above, Information required to cemptata thO andorsarrent will be shown in the Dectarstcons Ps appifoablG to thts endcrssmanft showwntSInAthhelNscheduly, butoanlly fwith respect tonllaublIty ariastng Outdofh youYswarkr fort thattinn surad by or for you I � E CG 20 10 11 86 Copyrfght, Insurance Sarvtcas gfffca, Inc., 1964 KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: June 7, 2011 SUBJECT: Puget Sound Energy Limited Use Permit - Authorize MOTION: Authorize the Mayor to sign Puget Sound Energy's Permit for Limited Use of Operating Property for Uplands Playfield, Uplands Extension, the Rotary Basketball Court, and the Lions Skatepark, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: The City of Kent Parks Department recommends signing a Limited Use Permit with Puget Sound Energy for Uplands Playfields, Uplands Extension, the Rotary Basketball Court, and the Lions Skate Park. This is an extension of a past agreement that requires the City to pay $2,000 for 10 years of use, beginning on February 28, 2010. EXHIBITS: Exhibit A-Permit for Limited Use of Operating Property and Exhibit B- Original Permit, dated August 6, 1996 RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: The $2,000 expenditure impacts the General Fund PUGET SOUND ENERGY The Energy T.Do Great Things PERMIT FOR LIMITED USE OF OPERATING PROPERTY PERMIT NO. 24-22-04-0111 THIS LIMITED USE PERMIT made this day of 2011 by and between PUGET SOUND ENERGY, INC.,a Washington corporation ("PSE" herein)and CITY OF KENT a Washington municipal corporation ("Permittee" herein). I. PSE hereby grants permission to Permittee to use the following described real property (the"Property"herein)situated in King County,Washington: That portion of PSE's 100 foot wide fee owned right of way lying within the j Northwest Quarter of Section 24,Township 22 North, Range 4 East,W.M., and Easterly of the Easterly line of the Interurban Trail as it now exists, south of James Street and North of West Meeker Street, as shown on the attached Exhibit A. 1. Term. Unless otherwise terminated pursuant to the terms hereof,the term of this Permit is ten (10)years beginning February 28, 2010. 2. Rent. Permittee shall pay to PSE the sum of$2,000.00, payable in advance,for the term of the permit. 3. Permittee's Use of Property is Limited to: recreational purposes including, but not limited to: a. Two (2) baseball fields. b. Portable bleachers(metal). C. Cyclone fence backstop and side fencing. d. Two (2)portable sani-cans. e. Lawn maintenance. f. Lawn play field area. g. Skateboard park--in accordance with plans and specifications dated June 10, 1996, by Purkiss Rose-- RSI. h. Landscaping, I. Other appurtenances relating to a skateboard park. j. In the event lighting is added, the height of such lighting shall not exceed 15 feet. k. Basketball court built in accordance with plans and specifications from the City of Kent Parks and Recreation Department, dated July 2, 1999,titled Kent Rotary Basketball Courts. 4. Limitations on Use.The Property is operating utility property of PSE and PSE may use same for the purposes of its utility business as fully as if this permit had not been given. Permittee shall not erect any building or structures of any kind on the Property, or use the Property for any purpose ether than specified in paragraph 3 above. No blasting shall be done without PSE's prior written consent, and brush and stumps shall be burned only at times and in a manner permitted by law and with due care not to injure any property. Permittee shall comply with all laws and ordinances applicable to the Property and Permittee's use thereof and shall keep the Property free from any and all liens which might arise as a result of Permittee's use and occupancy of the Property. r Permit for Limited Use of Operating Property No.24-22-04-0111 Permittee-City of Kent fff 5. Indemnity.The Property is subject to the hazards incident to the operation of an electrical system, and in consideration of the nominal charge paid by Permittee for the use of the Property, Permittee hereby agrees that PSE shall not be liable for any damage or injury suffered by Permittee on the Property or for any damage or injury to crops or other property upon the Property. Permittee further agrees to save and hold PSE harmless from all claims for damages suffered by any person on the Property which may arise as a result of Permittee's use of the Property. 6. Assignment,Termination. This permit is not assignable and it may be terminated by PSE at any time upon sixty(60)days'written notice given to Permittee in person or by mail. Upon such termination the unearned part of any prepaid rental shall be refunded. 7. Restoration. Upon termination of this permit, Permittee shall remove any facility which Permittee has placed upon the Property and shall otherwise restore the Property to as good a condition as it was prior to the installation of said facility on the Property. 8. Renew.This permit may be renewed upon mutual agreement between Permittee and PSE. 9. Terms and Conditions of Use: Access to PSE's existing and future facilities is not impeded. In the event that it should become necessary for PSE to install any additional utility facilities and use of Permittee's improvements interferes with or causes a hazard to such installation to the extent that it is impracticable or more expensive to accomplish such installation, Permittee shall have the obligation to either, (a) protect, modify or remove the improvements at Permittee's cost, or(b)to reimburse PSE for its added costs of design, construction and installation to avoid such interference or hazard. No underground metallic fixtures or pipes are to be installed on the Property. No construction within 50 feet of an existing structure, or 15 feet from an existing anchor. The grade of Permittee's improvements shall be no higher than the existing surrounding grade.Adding fill will not be allowed. The mature height of any landscaping shall not exceed 15 feet. No structures or storage of material on the Property. Fencing parallel with electric power lines needs a six(6) inch gap every 400 feet. Reinforcing steel in any concrete, support poles for the baskets and any other metallic object should be grounded. No chain link fencing or any type of metallic fencing shall be installed around the basketball court now or in the future. No sports lighting or lighting standards shall be installed around the court now or in the future. Permittee shall install warning signs around the basketball court indicating high voltage conductors are above the playing surface. During construction of the basketball court Permittee is hereby informed that PSE will not take outages and that proper clearance from all energized conductors shall be maintained. The clearances from construction equipment shall be in accordance with the provisions of WAC 296-155-525. The minimum clearance from the 12.5 thousand volt line shall be 10 feet,the 115 thousand volt line shall be 12.5 feet,and the clearance to the 230 thousand volt line shall be 16 feet. k i i Permit for Limited Use of Operating Property No.24-22-04-0111 Permittee-City of Kent EXECUTED as of the date first above written. ACCEPTED: CITY OF KENT PUGET SOUND ENERGY, INC. BY: BY: Permittee Consulting Real Estate Representative Address 220 4`"Avenue South Kent,WA 98032-5895 Telephone No. 253-856-5100 Inc p EXHIBIT 7 f j 8 e' a s EA, TI., j: Page 4 CN$c ev EDj AVVAW*g PERMIT FOR LIMITED USE OF OPERATING PROPERTY PERMIT NO. 24-22.04-0111 THIS LIMITED USE PERMIT made this (,1-14 day of N U(9U ST 1996 by and between PUGET SOUND POWER& LIGHT COMPANY, a Washington Corporation ('Puget herein)and CITY OF KENT ("Permittee" herein). Puget hereby grants permission to Permittee to use the following described real property(the "Property" herein)situated In King County, Washington. That portion of Puget's 100 foot wide fee owned right of way lying Easterly of the Easterly line of the Interurban Trail as it now exists, south of James Street and North of West Meeker Street, as shown outlined In red on the reverse side hereof,situated In the Northwest quarter of Section 24, Township 22 North, Range 4 East,W.M. 1. Term. Unless otherwise terminated pursuant to the terms hereof, the term of this Permit is ten (10)years beginning as of the date hereof. 2. Rent. Permittee shall pay to Puget the sum of $1,000.00 payable in advance. 3. Permittee's Use of Property is limited to: Recreational purposes including, but not limited to: 1. Current Uses: a) Two (2) Baseball Field b) Portable Bleachers (metal) o) Cyclone Fence Backstop and Side Fencing d) Two (2) Portable Sanl-Cans e) Lawn Maintenance f) Lawn Play Field Area and 2. Future Uses: a) Skateboard Park- in accordance with Plans and Specifications dated June 10, 1996 by Purkiss Rose-RSI b) Landscaping c) Other Appurtenances Relating To A Skateboard Park d) In the event lighting is added, the height of such lighting shall not exceed 15 feet ADDITIONAL USE OF THE PROPERTY REQUIRES PUGET'S PRIOR WRITTEN APPROVAL. 4. Limitations on Use. The Property Is operating utility property of Puget and Puget may use same for the purposes of its utility business as fully as if this permit had not been given. Permittee shall not erect any building or structure of any kind on the Property, or use the Property for any purpose other than specified in paragraph 3 above. No blasting shall be done without Puget's prior written consent, and brush and stumps shall be burned only at the times and In the manner permitted by law and with due care not to injure any property. Permittee shall comply with all laws and ordinances applicable to the Property and Permittee's use thereof, and shall keep the Property free from any and all liens which might arise as a result of Permittee's use and occupancy of the Property. 5. Indemnity. Permittee agrees to indemnify and hold harmless Puget as provided herein to the maximum extent possible under law. Accordingly, Permittee agrees for itself, its successors and assigns to defend, indemnify, and hold harmless Puget, its officers, employees, agents,successors, and assigns from and against liability from all claims, demands, suits,and judgments including the cost of defense thereof for injury L PERMIT FOR LIMITED USE OF OPERATING PROPERTY PERMIT NO. Page 2 to persons, death, or property damage which is caused by, arises out of,or is incidental to Permittee's exercise of rights and privileges granted in this permit provided that Permittee shall not be required to indemnify Puget against liability for injury or damages to the extent caused by or resulting from Puget's sole negligence. In the event it is necessary for Puget to Incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from the Permittee. 6. Assignment, Termination. This permit Is not assignable and it may be terminated by Puget at any time upon sixty (60) days'written notice given to Permittee In person or by mail. 7, Restoration. Upon termination of this permit, Permittee shall remove any facility which Permittee has placed upon the Property and shall otherwise restore the Property to as good a condition as it was prior to the installation of said facility on the Property. 8. Renew. This permit may be renewed upon mutual consent by Permittee and Puget. 9. Additional Terms and Conditions: o Access to Puget's existing and future facilities by maintenance equipment is not impeded. o No underground metallic fixtures or pipes Installed. a o No construction within 50 feet of an existing structure, or 15 feet from an existing anchor. o The new grade shall not decrease the clearance between the ground and the existing conductors. o The mature height of any landscaping shall not exceed 15 feet. o No structures or storage of material on the Right of Way. o Fencing parallel with power lines needs a six(6) inch gap every 400 feet. EXECUTED as of the date first above written. ACCEPTED: CITY OFKEEN�NT PUGET SOUND POWE &LIIGH_ COMPANY By: Lilt zs.�y ` r c By ,A71 -t— �/ Director Its: Real Esta &Facilities /��u-<.�6c, � !�__� Address: 220 4th Avenue South Kent, WA 98032-5895 Telephone No. 859.3994 NW 24 -, 22 --.4 _ 1 I O I, °Y m •vl i Z s v I I o I � INTT ILcz i Slm i �• h }§ \ h I 6PRKD a� 1,�, �' roa "s».+, ,i°"<�v r 6ree."� r.—+ •�_... hENT'lOO 44[ 79. 3 9 by A 3I r 4z f ra.n ,r• 0.''b o PI. - 4 P yl e�Y I Lo tee Q °J 10 taaa. _ . SMITH 5T 'Z z{ � III \6pIXSIW r1'r ,�ra� I ao '"� r....r E.,�t^ ..•.a =» .s , e S LE0.CHEeS k i;;J' z z "NF�a=A • ,, Qa tL I - (��/ ToµfER ? E ; , zur '• ��RJ� 'I� 4ARPI500 n$T, 7111 ` y1l B.0 C 4p p•• oP P e15r YdY � d '•I •I: I� y e DCS r 41� Ibex rrl .. 'b'o r •.. S 9 10 1 V a re ,...r MEEKER - 3T• 1 6HLKSTUP w. rrr• i p'It k c h KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: June 7, 2011 SUBJECT: Addendum No. 2 with Kent School District for Joint Use of the Community Center at Phoenix Academy - Authorize MOTION: Authorize the Mayor to sign Addendum Number Two with the Kent School District for Joint Use of the Community Center at Phoenix Academy, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: This is addendum Number Two to the Agreement between Kent School District No. 415 and the City of Kent for Joint Use of the Community Center at Phoenix Academy will provide the Kent Boxing Club access to the fitness center. This Addendum was presented to the Kent School District Board on May 25. EXHIBITS: Addendum Number Two RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: None Addendum Two To The Agreement BebNeen Kent School District No. 415 And The City Of Kent For Joint Use Of The Community Center At Phoenix Academy THIS ADDENDUM TWO modifies that certain Addendum One thereto dated September 20, 2007 ("Addendum One") to the Agreement Between Kent School District No, 415 and City of Kent Parks 8 Recreation Department City of Kent, dated April 5, 1983 (the "Agreement"), which was entered into between Kent School District No. 415 (the "District") and the City of Kent (the RECITALS A. The Agreement outlines the terms ender which the District and the City (jointly, the "parties") may jointly use, manage and schedule each other's athletic fields and facilities, B, Addendumn One modifies the Agreement to include the operation of an after school and evening Community Center on the Phoenix Academy Campus Vacated at 11000 SE 264" 'Street, Kent, WA. C, The parties now desire to modify the provisions of Addendurn One to include use of the Fitness Room on the Phoenix Academy Campus and to extend the germ of Addendum One, AGREEMENT NOW,, THEREFORE, in consideration of the mutual promises and covenants herein contained, the City and the District agree as follows: 1, Addendum One, Section 2 (Terms of Agreement) is hereby dleleted and replaced with the following. The Community Center will continue to operate for a terns of five (5) years beginning on the effective date of this Addendum Two and ending on the last day of the sixtieth (60 ") month after the effective date. Toward the end of this five year term, the program will be reviewed by both parties and if both parties agree, the term may be extended. 2. Addendum 07ne, Section 3 (Facility Jse), subpart B is deleted in its entirety and replaced with the following; Space: Exhibit A, which is attached and incorporated into Addendum One,. depicts the rooms within the Campus that the City will operate as a Community Center (the "Center Rooms"). Exhibit A also outlines the three room classifications that will guide how the area will be managed. The City may use the Auxiliary Gym for Community Center activities on a space-available basis and with the pre-approvall of the Principal of Kent Phoenix Academy or the Principal°s designee. The City may also use the Fitness Ream, which is located next to the gym on the south side of the Phoenix Academy Campus. 3. Except as amended by this Addendum Two, all other terms and conditions of the Agreement and Addendum One shall remain In full force and effect In the event of a conflict between this Addendum Two and the Agreement or Addendum One, this Addendum Two shall control. IN VvITNESS WHEREOF, the parties hereto have exeGUted this Addendum Two, which shall become effective on the last date entered below. KENT SCHOOL DISTRICT NO, 416 CITY OF KENT By: By: Print. Name! Dr Edward Lee Varcjas Print Name: Suzette Cooke Its: Superintendent Its Mayor Cate: Este: Notices to be sent to: Notices to be sent to: R'echard Stedry, Chief Business Officer Jeff Watting, Director of Parks & Recreation Kent School District and Community Services — City of Kent 12!0133 SE 25e°' Street 220 Fourth Avenue SoLth Kent, WA 98030-6643 Kent„ VVA 98032 (253) 373-7295 (253) 856-5030 (253) 373-7818 (fax} (253) 856-6030 (fax) APPROVED AS TO FORM: City of Kent Law Department �l JiN —___------- ------- pia9' 9 e " l �Egsfla ;l F g3g� it$&e I� ..-_ . _ _ _ Jil �Mil e Iffy�°`4F..'�•ha � � I o - t I - ------------- - Ir a _ ! i I Ll Y I I I � J Y s D D a a , L a °.,...._ F' 3 �� �� �- -- -I -----r-'-Q t m � o ❑ / i I m I ' O ® v y M VCL —I m w m �0 N y aa+ e0 a s a \ " D ❑ ❑ O I t n t C C O C m m O t III v M m C C I m m E E E �O m m C 0 H inm m v.. C m m O �., `,�`N . co m C C a w Y Y m t rn � U Q tC U KENT Agenda Item: Consent Calendar — 7H TO: City Council DATE: June 7, 2011 SUBJECT: 640 Zone Water Reservoir Painting Contract — Authorize MOTION: Authorize the Mayor to sign an Agreement with Hennig Mural Design, Inc. for Painting the 640 Zone Water Reservoir in an amount not to exceed $49,433.75, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The 640 Zone Water Reservoir is currently under construction on the East Hill Operations Center site, which is located at the southeast corner of 124th Ave SE and SE 248th Street. The reservoir is 75 feet in diameter and 137 feet tall. The tank is scheduled to be complete later this summer. The Conditional Use Permit for the project requires a mural on the outside of the tank. After soliciting Statements of Qualifications from painting firms, a panel of Public Works and Parks personnel selected Hennig Mural Design, Inc. to design and paint the mural. The mural will be added after a base coat of paint, and will include painted trees, shrubs and the sky to blend in with the surrounding landscape for a more natural look. EXHIBITS: Contract RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funds for the mural have been budgeted in the 640 Zone Water Reservoir project. KENT wa= ITo� AGREEMENT FOR ART WORK on the 640 Zone Water Reservoir between the City of Kent and Hennig Mural Design, Inc. THIS AGREEMENT is by and between the City of Kent, a Washington municipal corporation (the "City"), and Hennig Mural Design, Inc. ("the Artist"), a Washington Corporation, located and doing business at 15905 SE 1841" Street, Renton, WA 98058 RECITALS A. The City is committed to the mitigation of the aesthetic impacts of the 640 Zone Water Reservoir Project. B. The City has allocated funds for the selection and purchase of artistic services to paint the water reservoir so as to blend in with the surrounding wooded environment. C. The Artist was selected by the City after consideration of responses to the City's request for proposals. NOW, THEREFORE, the City and the Artist, based upon the foregoing and for the consideration and under the conditions hereinafter set forth, agree as follows: AGREEMENT 1. Contract Work 1.1 Artist will prepare up to five (5) renderings, no smaller than eleven (11) inches by seventeen (17) inches, of the design to be painted on the 640 Zone Water Reservoir. The first rendering will be delivered by June 30, 2011. Subsequent renderings will be prepared and delivered as ordered by the Contract Administrator. Within ten (10) working days after submittal of the last rendering ordered by the Contract Administrator, the City will either select from the renderings and direct the Artist to commence painting the water reservoir or the City will meet with the Artist to negotiate and agree upon the design to be painted on the water reservoir then direct the Artist to commence painting after notice to proceed is given. The time and duration of Work on the water reservoir is described in Section 7 of this Contract AGREEMENT FOR ARTWORK—1 of 8 1.2 Artist shall perform the services for the City in accord with Option 2 in the Artist's response to the request for proposals, attached hereto as Exhibit A and incorporated herein by this reference. This Work consists primarily of painting the design on the 640 Zone Water Reservoir. 1.3 The Artist guarantees durability of workmanship and materials against normal exposure to the outdoor elements in Kent, Washington for five (5) years. 2. Acceptance. 2.1. The Artist shall advise the City in writing when all services described in Section 1 of this Contract have been completed in substantial conformity with the Proposal. Upon the approval of the Contract Administrator, this shall be the time of Substantial Completion. 2.2. The City shall advise the Artist of any minor incidental work, corrections or repairs that are required as determined by the City. 2.3. When the work described in subsection 2.2 is complete, upon the approval of the Contract Administrator, the City shall notify the Artist of its final acceptance of the Work. 2.4. Final acceptance shall be effective as of the date of the City's notification of final acceptance. 3. Risk of Loss. The risk of loss or damage to the Work shall be borne by the Artist until final acceptance by the City, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until final acceptance. 4. Indemnification. Each party shall defend, indemnify, and hold the other harmless for losses attributed to each party's own comparative negligence. Upon final acceptance of the Work, the City shall, to the extent of its negligence, indemnify, and hold harmless the Artist against any and all claims or liabilities then existing or arising thereafter in connection with the Work, the site, the project or this Agreement, except claims by the City against the Artist and claims which may occur as a result of the Artist's breach of the warranties provided in Section 8. Artist shall indemnify and hold harmless the City of Kent, its elected officials, officers, and employees from all claims, litigation, and injuries arising out of actions of the Artist, Artist's employees, and agents to the extent of their negligent acts, errors, and omissions. SOLELY FOR PURPOSES OF ENFORCING THE INDEMNIFCATION OBLIGATIONS UNDER THIS SECTION 4, THE ARTIST AND THE CITY EXPRESSLY WAIVE IMMUNITY UNDER TITLE 51 OF THE REVISED CODE OF WASHINGTON, THE INDUSTRIAL INSURANCE ACT, AND AGREE THAT THE OBLIGATION TO IDEMNIFY, DEFEND AND HOLD HARMLESS PROVIDED FOR IN THIS SECTION 4 EXTENDS TO ANY SUCH CLAIM BROUGHT AGAINST THE INDEMNIFIED PARTY BY OR ON BEHALF OF ANY EMPLOYEE OF THE INDEMNIFYING PARTY. THE FOREGOING WAIVER SHALL NOT IN ANY WAY PRECLUDE THE INDEMNIFYING PARTY FROM RAISING SUCH IMMUNITY AS A DEFENSE AGAINST ANY CLAIM BROUGHT AGAINST THE INDEMNIFYING PARTY BY ANY OF ITS EMPLOYEES. AGREEMENT FOR ART WORK—2 of 8 5. Ownership. 5.1. Title to the Work shall pass to the City upon final acceptance. 5.2. The City will retain ownership of all renderings commissioned under the terms of this Agreement. 6. Compensation, Payment Schedule, Bond. Retainage and Expenses. 6.1 Compensation The Artist shall be paid by the City for work and/or services related to this Agreement only as provided hereinafter. Such payment shall be full compensation for all work performed and/or services rendered, and for all supervision, labor, supplies, materials, travel expenses, equipment or use thereof, and for all other incidentals necessary to complete the Work. The Work shall be paid as follows: • Renderings at four hundred dollars ($400) each plus Washington State Sales Tax at 9.5% for a total of four hundred thirty eight dollars ($438) each. Artist will invoice the City for the renderings as they are delivered at the direction of the Contract Administrator. • Work as described in Section 1.2 of this Contract and thereafter at forty five thousand one hundred and forty five dollars ($45,145) plus Washington State Sales Tax at 9.5% for a total of forty nine thousand, four hundred thirty three dollars and seventy eighty cents ($49,433.78). This amount will be payable as follows: 15% upon notice to proceed, 65% upon substantial completion, and 20% upon final acceptance. Provided, however, that all amounts will be reduced by retainage withheld as set forth in section 6.5 herein. Artist's acceptance of payment (excluding retained percentage) shall constitute a waiver of any and all claims against the City for additional payments or damages the Artist may assert against the City. 6.2 Prevailing Wage. Without limitation of any other provision of this Agreement, Artist shall pay or cause to be paid prevailing wages for all work, if any, performed by employees or subcontractors, as established by the Washington State Department of Labor and Industries. Artist shall pay prevailing wages in effect on the date of execution of this Agreement and shall comply with Chapter 39.12 of the Revised Code of Washington and rules adopted thereunder. The latest prevailing wage rate revision issued by the Department of Labor and Industries is hereto attached as Exhibit B. Artist will complete the attached City of Kent Combined Affidavit and Certification Form: Non-collusion, Minimum Wage prior to Contract Execution. Exhibit C. 6.4 Bond for Performance and Payment Pursuant to Chapter 39.08 RCW, the Artist shall provide the City a bond for performance and payment for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary AGREEMENT FOR ART WORK—3 of 8 releases from the Washington State Department of Revenue and the Washington State Department of Labor and Industries and until settlement of any claims filed under Chapter 60.28 RCW, whichever is later. The Artist shall use the City's Payment and Performance Bond Form, Exhibit D. 6.5 Retainage. The City shall hold back retainage in the amount of five per cent (5%) of contract payment for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the Washington State Department of Revenue and the Washington State Department of Labor and Industries and until resolution of any claims filed under Chapter 60.28 RCW whichever is later. 6.6 Artist's Expenses. The Artist shall be responsible for the payment of all mailing or shipping charges on submissions to the City and the costs of all travel by the Artist and the Artist's agents, employees necessary for the proper performance of the services required under this Agreement. 7. Time of Performance. 7.1 Duration. The renderings shall be delivered as set out in Section 1.1 of this Contract. The Work on the water reservoir shall commence upon completion of construction of the water reservoir. The City estimates that the notice to proceed will be on or about September 1, 2011. Substantial completion shall be within in 30 days unless an alternate schedule is requested by the Artist pursuant to Section 7.2. Artist understands and agrees that the exact time of commencement of Work will depend upon the completion date of construction of the water reservoir. 7.2 Time Extensions. The City shall grant a reasonable extension of time to the Artist if conditions beyond the Artist's control or acts of God render performance of the Artist's services impossible or unexpectedly burdensome. Failure to fulfill contract obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of such conditions. 8. Warranties. 8.1 Warranties of Title. In addition to the warranty set forth in Section 1.3, the Artist also warrants that: (a) the Work is solely the result of the artistic effort of the Artist, (b) except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any copyright, (c) that the Work or a duplicate thereof, has not been accepted for sale elsewhere, and (d) the Work is free and clear of any liens from any source whatsoever. This warranty shall apply only to that artwork which is entirely that of the Artist (or persons responsible to the Artist), as completed and shall not apply to materials or workmanship of products integrated or combined or to materials purchased, acquired, or installed by any one AGREEMENT FOR ART WORK—4 of 8 person or entity other than the Artist. 8.2 Warranties of Quality and Condition. In addition to the warranty set forth in paragraph 1.3, Artist represents and warrants, that: (a) the execution and fabrication of the Work will be performed in a workmanlike manner, (b) the Work, as performed and completed, will be free of defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Work, and (c) reasonable maintenance of the water reservoir will not damage the Work or accelerate depreciation. 8.3 Duration of Warranties. The warranties described in this Section 8 shall survive for a period of five (5) years after the final acceptance of the Work. The City shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE ARTWORK, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. 10. Insurance. Artist shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit E attached and incorporated by this reference. The certificate of insurance and endorsement shall be provided by the Artist and appended to this Contract prior to execution by the City. 11. Reproduction Rights. 11.1 Retention of Rights and Issuance of License. The Artist retains all rights it may be entitled to pursuant to the Copyright Act of 1976, 17 U.S.C. § 101, et seq., and all other rights in and to the Work except ownership and possession, and except as such rights are limited by this Section 11. The Artist grants to the City and its assigns an irrevocable license to reproduce the Work in any manner whatsoever. 11.2 Reproductions. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: ©Artist's name, date of creation. 11.3 Recognition of City. The Artist shall use its best efforts to give a credit reading substantially, "an original work owned and commissioned by the City of Kent," in any public showing under the Artist's control of reproductions of the Work. 11.4 Copyright. The Artist may at its own expense cause to be registered, with the United States Register of Copyrights, a copyright of the Work in the Artist's name. 11.5 Intellectual Property. If for any reason the proposed design is not implemented, AGREEMENT FOR ART WORK—5 of 8 all rights to the proposed Artist's artwork shall be recognized as the Artist's intellectual property and protected from infringement in accordance with Federal Law. 11.6 Photographs. The Artist will be allowed to photograph the artwork on the reservoir and use those photos as part of their ongoing marketing, whether website, email submissions, magazine publications, or others. All others must apply to the City of Kent for permission to use photos of the artwork for their purposes for any and all uses. 12. Artist as Independent Contractor. The Artist shall perform all Work under this Agreement as an independent contractor and not as an agent or an employee of the City. The Artist shall not be supervised by any employee of the City nor shall the Artist exercise supervision over any employee or official of the City. 13. Assignment, Transfer, Subcontracting. 13.1 Written Consent. Neither the City nor the Artist shall assign or transfer an interest in this Agreement without the prior written consent of the other, provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval. 13.2 Subcontracting. There will be no subcontracting of work under this Agreement. 14. Termination. If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default to the satisfaction of the other party. If it is not cured, then this Agreement shall terminate. In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall, at the City's option, become its property, provided, that no right to fabricate or execute the Work shall pass to the City, and the City shall reasonably compensate the Artist for all services performed by the Artist prior to termination. Notwithstanding the above, the Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Artist, and the City may reasonably withhold payment to the Artist until such time as the exact amount of damages due the City from the Artist is determined. In the event of default by the City, the City shall promptly compensate the Artist for any unpaid amount for the services performed by the Artist for all materials purchased by the Artist in performance of the obligations made under this agreement prior to termination. 15. Contract Administrator. The Contract Administrator for this Agreement shall be the Director of Public Works Department or designee. Wherever this Agreement requires any notice to be AGREEMENT FOR ART WORK—6 of 8 given to or by the City, or any determination or action to be made by the City, the Director of Public Works or designee shall represent and act for the City. 16. 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. 17. 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. 18. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 4 of this Agreement. 19. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 20. 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. 21. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. 22. 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 AGREEMENT FOR ART WORK—7 of 8 language contained in this Agreement, the terms of this Agreement shall prevail. 23. Compliance with Laws. 23.1 General. The Artist agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Artist's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 24.2 Non-Discrimination. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Artists, her subcontractors, or any person acting on behalf of the Artist 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. Artist shall execute the attached City of Kent Equal Opportunity Policy Declaration, Comply with City Administrative Policy 1.2 and, upon completion of the work under this Agreement, file the attached Compliance Statement with the City. Exhibit F. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. ARTIST: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ARTIST: CITY OF KENT: Ken Langholz City of Kent Public Works Department 220 Fourth Avenue South Kent, WA 98032 (telephone) (253) 856-5516 (telephone) (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent City Attorney P:\Civil\Hles\Open Hles\0177-2011 Public Works General\Henn ig Mural Design Inc.Artist Agreement 1-31-11 clean.docx AGREEMENT FOR ART WORK—8 of 8 Exhibit A Proposal for Kent; 640 Zone Reservoir We propose to have the painters base coat the tank in 2 colors, not 3, The bottom would be dark green, the top, sky blue. It would probably be half and half, or 2/3, 1/3 ratios. This would be determined by the height of the artwork to be done, before the painting contractors start painting. We would then paint out areas in the dark green band to leave, or create the trees. Artwork would be along the line of the mural work done at Oak Harbor: realistic trees,with additional colors on the leaves (that is, needles for the fir trees), and shading on the bark. The bottom area would feature bushes. This will allow for a more naturalistic look. The branches and foliage will also be more lacey, and open, as opposed to non defined silhouette type designs. Again,to allow for a more realistic type design. The tree design is created on site, to afford the best views. Adding the final colors, and shading adds more time, but the end result is a more complete looking design. Pricing is figured using Tnemec Series 740/750 paint, which is about twice the cost as their 73 series paint. We are figuring 2 options: Using a 65' manlift, and maybe an additional 85' manlift, to paint to heights of 65'-70', or 85'-90' range. 1. Option one;to paint trees up to a height of approx. 65', cost would be$36,745.00+sales tax 2. Option two, to paint trees up to'a height of approx. 85', cost would be $45,145.00+ sales tax Costs include all materals, equipment,supplies; and additional insured documents for$1 million liability coverage, and$2 million agregate coverage, and performance bond. It is understood that the city of Kent will designate a person to oversee and sign off on the artwork. We will be available to confer on art during the painting process, and will get approval on the artwork before leaving the site. Artwork can be provided, at a cost, as listed below, but it is understood that any artwork provided is a rough rendition of the final artwork provided. It would represent the style, not the actual placement of trees, or other items. Our artists create the artwork, freehand, without patterns, while on site, and adjust placement of trees to match and blend in with the surrounding foliage. The goal is to create on the tank,the scene that would appear if the tank were not there. The artwork proposed is the same style, and look as that created forthe city of Oak Harbor, WA. Line item 1: Renderings of artwork, if requested by city: $400 per view Rod Hennig, President Hennig Mural Design, Inc. KENT Agenda Item: Consent Calendar — 7I TO: City Council DATE: June 7, 2011 SUBJECT: 84th Avenue Improvements (East Valley Highway) — Accept as Complete MOTION: Accept the 84thAvenue Improvements (East Valley Highway) project as complete and release retainage to R.W. Scott Construction Company, upon receipt of standard releases from the state and the release of any liens. The original contract amount was $ 3,596,417.93. The final contract amount was $4,122,837.30. SUMMARY: The 84th Avenue Improvements (East Valley Highway) project included approximately six lane miles of new asphalt pavement, 1.5 miles of new sidewalk, curb and gutter, new and improved signal systems, new storm sewers, water mains, trees and grass planting strips and new and improved street lighting. A storm water detention and water quality pond and pump system to meet NPDES Stormwater regulations was constructed. Some of the challenges faced on this project included the unexpected repair of a very deep, defective sanitary sewer pipe that required a significant de-watering program to overcome groundwater in the immediate vicinity. The cost of this repair was paid for using sewer capital funds. Also, a portion of the new roadway had to be rebuilt after it partially collapsed over a defective Metro King County sanitary sewer. Reimbursement of costs associated with this repair are being worked on. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project was funded partially from street, water and sewer funds and partially from the project funds that include L.I.D., state and federal money. There are no general fund budgetary impacts as a result of this project. Z KENT HA r Agenda Item: Bids - 9A TO: City Council DATE: June 7, 2011 SUBJECT: Corrections Facility Boiler Replacement & Heating System Upgrades MOTION: Move to award the Kent Corrections Boiler Replacement & Heating System Upgrades Project contract to Design Air, Limited in the amount of $129,450, excluding Washington State Sales Tax, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: The bid opening was held on May 26, 2011, with two bids received. The apparent low bid was submitted by Design Air, Limited in the amount of $129,450. The Architect's estimate is $125,000, excluding WSST. EXHIBITS: Bid Tab RECOMMENDED BY: Parks, Recreation and Community Services Staff BUDGET IMPACTS: Impacts the HVAC Lifecycle Replacements BID TAB KENT CORRECTIONS BOILER REPLACEMENT MAY 26, 2011 BID OPENING 2:15 P.M. Bid Amount Design Air Ltd. $129,450 Shinn Mechanical $134,989 Z KENT HA r Agenda Item: Bids — 913 TO: City Council DATE: June 7, 2011 SUBJECT: 2011 Sewer Improvements MOTION: Move to award the 2011 Sewer Improvements Project contract to MidMountain Contractors, Inc. in the amount of $2,363,636.01 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The bid opening for this project was held on Tuesday, May 31, 2011 with five bids received. The low bid was submitted by MidMountain Contractors, Inc. in the amount of $2,363,636.01. The project consists of sewer replacement in eight areas of the City, with the majority of work taking place on Scenic Hill. The project includes roughly 7,500 feet of 8" sewer pipe, 3,200 feet of 6" side sewer pipe and 34 new manholes. EXHIBITS: Public Works Memo dated 5/31/2011 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This work is budgeted and will be paid for out of the Sanitary Sewer Utility fund. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. W A S H I N c 7 o N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: May 31, 2011 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2011 Sewer Improvements Bid opening for this project was held on May 31, 2011 with five (5) bids received. The low bid was submitted by Mid Mountain Contractors, Inc. in the amount of $2,363,636.01. The Engineer's estimate was $2,496,280.26. The Public Works Director recommends awarding this contract to MidMountain Contractors, Inc. Bid Summary 01. MidMountain Contractors, Inc. $2,363,636.01 02. Rodarte Construction, Inc. $2,385,010.36 03. Ceccanti, Inc. $2,818,873.83 04. Titan Earthwork, LLC $2,874,621.65 05. DPK, Inc. $2,904,014.24 Engineer's Estimate $2,496,280.26 REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other ^NAA woI N.G N'tiAb OPERATIONS OM MIITTEE MINUTES May 3, 2011 i kq_q_Mgmh4Eg_prqLQn Jamie Perry, Les Thonnes (Chair), Roar hlarrrncan for Debbie Ra.plee The meeting was called to order by L Thomas at 4:0C p.m, 1. APPROVAL OF MINUTES DATED APRIL 5t 2011 J perry moved to approve the Operations, Cornrrrittee minutes dated April 5, 2011, NR Harmon seconded the motion, which passed 1-0 .. APPROVAL OF VOUCHERS DATED MARCH 31, 2011 AND :APRIL 15, 2011 E Harmon moved to approve the vouchers dated March 15, 2011., J perry seconded the motion, which passed 1-0. d RECOMMEND D THAT THE OPERATIONS COMMITTEE APPROVE THE ORDINANCE rAhNTINrNG OLYMPIC PIPE LINE COMPANY ,A NONEXCLUSIVE FANCHISE FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS DUCT WITHIN THE CITY OF KENVT. City Attorney Torn Brubaker advised the Committee that a second ordinance was; inadvertently inckided and that the; actual Olympic Pipe Line o inance begins on Image ',1.4 of the packet. This us a franchise ordrmance that allows Olympic to run and operate Its pipeline in our, streets from the City's most northerly to its most sc.>uthe,rly border, It is important to note that: although the Pipeline is, a couple of miles long, It only Crosses about 5 or 6 of the City"s streets, That factor played an important role in the ongoing negotiations with Olympic over the last 10 years to try to get them to increase their franchise fees. Olympic has agreed to a new franchise fee number that went rrp $3000 to $4060 a year to $,22,000 this year, this will increase with coast of living. They will also coornpensate, ,just in Ipart„ for the difference over the previous years, they will relate back to this year and pay an additional $18,500 for 201.0. tf this Is apprcved and everything passes through, we can expect a check For about $40,CCO, thereafter It will be $22,000, inflated with cost of living, State law requires that a franchise cannot be passed on the same dray it is introduced, so once this committee approver; this ordinance, it will go to council once for Irntroductaan, and then again for presentation and passage. T Brubaker also noted that we do have to publish the entire ordinance, vdhich Is fairly large and Clympllc will pay the cost of publication which will be about $35�00. 1 perry asked if there have been ary Nssaues at all with this over the last 10 years and Would Olympic be responsible if there was a cant for hazardous substances. 1" Brubaker responded that only concern has been front, the I{ent Regional Fire authority. The Concerns are only that there are a lot of hazaardcus/fll anrinnable,> rrratenals that go in and out of the pipeline. Concern is if there were a leak how would the City be able to react and what does it cost t© observve and maintain the pipeline to make sure it is safe and operable,, that in part is what this number is based on, Olympic would be resporis'ible only to the extent they are liable. They are regulated by the Federal government, not by state or local government. They wupll stand behind their operations to the extent they are required' to by case law and federal law, .II Perry recommended that the Operations Committee approve! the Ordinance granting Olympic Pipe' Line Company a nonexclusive franchise for the Clperatlors Committee Minutes May 3, 201.:1 1page: 2 transportation of petroaienuumo products within the City of Dent. R Flarrnon seconcled the rnodon, which passed -0, 4. MOVE TO RECOMMEND, C,'OUN IL AAITHO RI E THE MAYOR TO SIGN A CONTRACT WITH ALLIAFI EONE RECEIVABLES MANAGEMENT, INC, To PROVIDE DEBT COLLECTION SERVICES THROUGH THE STATE OF WASHINGTERM CONTRACT FOR ALL ACCOUNTS REFERRED BY THE CITY EXCEPT THOSE ADMINISTERED BY THE MUNICIPAL COURT, SUBJECT TO FINAL CONTRACT TEAMS AND CONDITIONS ACCEPTABLE TO THE CITE" ATTORNEY, Finance Director Robert Nachlinger brought forth the collection agency contract with Afd'uaanceone Receivables, They are our current vendor and this is essentially an extension of their contract. They are the provider of collection services for the State of Washington as well as Municipal Courts in the state including Kent's, Municipal l:ourt. The Washington purchasing Co-op allows us to piggy back on that contract and recelve the same rates and discounts as the state and courts. The term of the Cuty's existing contract with Alilance0ner Receivables Management, Inc (ARMl') exilred on December 31, 2010, L Thomas questioned why if the contract expired December 31.,, 2010 it. was not brought to Committee sooner. R Nacchlinger responded that was clue to a misread date. As of Cecember 3:1, 2010 there were 115 occourts totaling $200,717 referred to ARM] for collection. As of December 31, 2010, the City had collected a total of $6,336, including the City's portion of interesttotalnrg $78. L Thomas questiesred how rnuch this contract is costing the City' to which R Irlachlinger responded it is not costing anything, the City receives the full principal amount of the amount collected as well as Stl`yc> of the finance charges (12(1/u per year) imposed by ARM➢. fR Harmon recommended Council :authorize the Mayor to sign a, contract with Alllancetlne Receivables Maanagernent, Inc. to provide debt collection services through the Stake of Washington contract for all accoeunts referred by the City except: those administered by the Municipal Court, subject to final: contraict terms and conditions acceptable to the city Attorney, J perry seconded the motion, which passed 3-0. 5a SUMMARY FINANCIAL REPORT FOR MARCH 2011. (INFORMATION ONLY) Finance Director Robert Naachlingerprovided the March '201,1. financial summary. Looking at General Fund overall to be under in revenues by about 1,90/0 of budget. Sales tax is coming fn over budget at about '2,4'%. Jtll''ity Tax, some are doing very well and! others not so well. The major detractor of the utdlity tax revenues is our new garbage contract. We had reduced rates substantially for our custormers and that translates into a reduction in our utility tax on those services. R Harmon advised that lie still has concerns in reference to the revenue side due to the fact that the year before last cur buliding permits and plan check fees and the amount of work we had to do vvas under budget as far as revenue was concerned, Last year we continued to have uncollected revenuers for both permits and plan check fees and now we're 2 !fz years Into the same pattern. R hlarnron asked Chief Administrative C7fficer J. Hodgson what plan Operations Committee Minutes May 3, 2011 Page, 3 is in place to address these i!ssues in regard to r7rs and workloads. J Hodgson advised that he had asked Economic and CarrUflUnity li Director Fred Satterstrom and Economic and C0177MUnity Development Director Ben Wolters be present at today's ni to address tNs iSSUE, F Satterstrarn advised that permitting in January and February started at a bit behind in terms or revenues not in terms of workload however. We are trending a higher nUrnber of permits over 2010 versus 201J., both in form- of permits issued and permits applied 'for. In March pormittiric n r eveoes met the nrtC'inthly projection and altiougin riot in this report, April was an ouCsLardirg moritit, in Fact the best in 2 1/a years in berms of building valuation, number of applications, permits issued, and revenue. Also, looking at what's in the pipeline, the pipelinf, being those deri-Trits that have been appliied for but not i5suord and in surne sort of review, While we have been ISSUing permit,; and permits with waluation, $15 million in valuation alone in April, building vali-latior in the pipeline has dear going up since beginning of the month. We will look at numbers again at end of April and May and expect revenues to look better. We do have a systernatic flaw in the way we collect Fees in that it does rot necessarily cover cost of our work. B Welton; noted that sU4f is busy processing a variety of permits and responding to submittals on perrinits, originally applied for 3-4 years ago that are nor being picked back Lip by deVel101 In, a lot of cases they have already paid for work anticipated. We, have limited authority to charge additional hourly rate for Work deemed to be above and beyor:d what was actually paid for. That is actually a substantial amount of ongoing work now, and in part, reflects a good chunk of where we are having the reveruie shortfall, an the Development Engineering side The existing permitting fee si:rUCtLrE is outdated. It is, Lased on an econcinn'ic rincidel that does not exist, one where large projects essentially pay for servicing small projects. As a department over the last 3 years we have reclUced our workforce, even before the initial big city-wide layoffs. Staff was laid off prior- to that due to lack of work. We are, at a place now where if We Cut our staffing level the result w iil te a reduction in service vvNch vvill result in complaints. R Harrion stated that it is his assumption that tbi5 is not a depar"ert problem but a policy problem, ,Ne should be able to charge for work that we do. Council needs to look at that policy and address it Le be able to make sure that We at least Cover our costs for the expense to issue a perrinit. J Perry pointed Out that a lot of this will be reveled through, the strategic planning vdiere one of the items identified is lc,N<ing at our costs and mall sure we are covered. J Perry qLjeSHOrPd R Nartifinger regarding the projected ending ftind balance at 4.51'/© which R Nachlinger indicated was correct, The rneeting, Was adjourned at 4.30 p.m, by L Thi Y LY 'Nancy 11 Clary 11 OlperzUons Cq ri- Secr o y Secr KENT City of Kent Parks and Human Services Committee Meeting Minutes of April 21, 2011 Council Present: Dennis Higgins, Elizabeth Albertson, Debbie Ranniger. Call to Order: Debbie Ranniger called the meeting to order at 5:09 p.m. and announced that public comment is heard after the agenda has been completed. Added Item: Number 7: Director's Report 1. Minutes of March 17, 2011 - Approve Elizabeth Albertson moved to approve the minutes of March 17, 2011. Dennis Higgins seconded. The motion passed 3-0. 2. King Conservation District Grant Agreement for Green Kent - Authorize Jeff Watling informed the committee that staff applied for and received a $50,000 grant from the King Conservation District to implement with the Green Kent Partnership. Specifically, this grant will fund project coordination from k Cascade Land Conservancy to collect and track the field work being done by the volunteer stewards, to create annual steward work plans and provide technical input, recruitment outreach and leadership as needed. A portion of the grant ($18,000) will also fund a Green Kent intern to supplement available Parks personnel and provide support the stewards in the field. Dennis Higgins moved to recommend accepting the King Conservation District grant in the amount of $50,000, approving the expenditure of funds, amending the Adopt-a-Park budget, and authorizing the Mayor to sign all necessary documents. Elizabeth Albertson second. The motion passed 3-0. r 3. Department of Natural Resources Grant Agreement for Green Kent - Accept Jeff stated that staff submitted a Community Forestry Assistance Grant request to the Washington Department of Natural Resources for $9,984.00 for the Green Kent Partnership. The funding will be used to: hire consultants to assess 4/21/11 Meeting Minutes Page 1 e City-owned parks and natural areas in the Panther Lake area, update the 20-year management plan with the new information, and create community outreach materials for the Green Kent Partnership, including how to recognize and remove invasive plants. The grant contract runs through June 30, 2012. The grant amount in the Motion statement was corrected to $9,984.00. Elizabeth Albertson moved to recommend accepting the grant from the Washington Department of Natural Resources in the amount of $9,984.00 and authorizing the expenditure of funds in the Green Kent I Partnership budget. Dennis Higgins seconded. The motion passed 3-0. 4. Kent Pool Sublease Agreement with Aquatic Management Group - Authorize Jeff reported that since King County's transfer of the Kent Pool to the City in 2003, the Aquatics Management Group (AMG) has been the contracted to operate the facility. The current lease agreement with is scheduled to expire on May 25, 2011, which coincides with the expiration of the current land lease with the Kent School District which includes operation its current capacity on a year-to-year basis for up to 10 years. City staff recommended that the operational agreement with AMG is continued. The terms of this agreement with AMG are consistent with the Lease Extension Agreement that the City is entering into with the Kent School District for the portion of land where the Pool resides at Kent Meridian High School. The operational support is $90,000, as well as some Capital support. This amount is much less than many pools in the area. Dennis Higgins asked about the liability insurance required. Jeff confirmed that the amount is $2M aggregate for personal injury and it is a standard amount. Dennis Higgins moved to recommend authorizing the Mayor to sign the Kent Pool Sublease Agreement with Aquatic Management Group, - subject to final terms and conditions acceptable to the Parks Director and City Attorney. Elizabeth Albertson seconded. The motion passed 3-0. 5. Kent Pool Lease Extension Agreement with Kent School District - Authorize Jeff shared that King County and the Kent School District (KSD) entered into a lease agreement 40 years ago for a pool to be built by the County at Kent Meridian High School. In 2003, the pool was'transferred from King County to the City of Kent. As part of the transfer, this original lease with the KSD was assigned to the City of Kent. This original lease expires on May 25, 2011. 4/21/11 Meeting Minutes Page 2 is G k I The lease extension agreement expands the lease so that the pool can continue operating in its current capacity on a year-to-year extension for up to 10 years. Dennis Higgins asked about the $5M liability insurance requirement by the Kent School District and asked if there was push back by the City. Jeff said that this is standard language from the original lease agreement and speaks to the City's insurance rider. Dennis asked if there was a settlement against the City from a claim at the _ pool that exceeded $2M, that AMG would handle the first $2M and the City would pick up the difference? Jeff stated that he believes that is true, but will confirm with the City's Risk Manager and the City Attorney's office before the item goes to the next City Council meeting. Elizabeth Albertson moved to recommend authorizing the Mayor to sign the Kent Pool Lease Extension Agreement with the Kent School District, pending Kent School Board approval, and subject to final terms and conditions acceptable to the Parks Director and City Attorney. Dennis Higgins seconded. The motion passed 3-0. 6. Director's Report Resource Center Request for Proposal. Jeff stated that the RFP for the Resource Center was released earlier this week. The RFP was consistent with the budget reality and the goals discussed at previous meetings. In case of any confusion with interpretation of the RFP, Jeff wanted to explain the balance with public lease requirements and state requirements for use of a public building. Finance and Law departments both assert that the City must show that the market value is covered for leases of public land. Within the RFP there is reference to r market appraisal for the land and building. Appraisals were completed on the land and the building. He noted that the market value is high in the RFP, and it must be shown that the value is being achieved, which can be covered by monetary and non-monetary compensation. - I Debbie Ranniger asked for clarification on the numbers in the RFP - one is utility and one is market value. Jeff replied that market appraised value is the basis of what the rent would be. The rent of $5,000 can be covered through both monetary and non monetary compensation - either through cash or non monetary means. As a public entity, we need to show a public benefit / community asset. i Debbie asked if compensation for rent could be shown through community service / in-kind services. Jeff responded yes, if the services equal the market value of $5,000 per month. He added that the City is looking for creative proposals that augment City services, or that show a public benefit. He used I 4/21/11 Meeting Minutes Page 3 k k I the Kent Pool lease agreement as an example. The lease amount is $1.00 per year because the market value is being achieved by the operator through public services. The lease agreement with the Resource Center building may look very similar. Jeff announced that two non-mandatory tours set up for the Resource Center, on May 4, and May 18, both at 3:00 p.m. Proposals will be accepted through the end of May. Elizabeth Albertson stated that the City owns other buildings that are leased at L fair market value. She appreciated the fact that non profits are being given the opportunity to lease this building using creativity in their proposals. Elizabeth spoke of the budgeting reasons why the building was closed and that it is a shame to have it empty. She shared that copies of the RFP were handed out to r non-profits at the Human Services Commission meeting. She reiterated that interested parties need to be creative and bring their best ideas. Debbie Ranniger asked about a going volunteer rate that non profits can use to develop their proposals. Jeff said they can use a number identified in their organization. There are different wage rates, so they would be comparable to the type of work they are doing. Dennis Higgins stated that he was troubled when he read the RFP, but now understands the flexibility that was worked into the document, using a non monetary public benefit. Debbie Ranniger asked if the actual cash an organization would have to come up with only be the cost of utilities at $15,000/year. Jeff responded that the City wants to see how the tenant is going to cover the operational costs for the building; staff, supplies and equipment, rent, and utilities. He referenced the budget reductions, i.e., the consolidation of Resource Center staff and operations to Kent Commons and that there are no funds budgeted in 2011 for operational support of the Resource Center. Debbie asked if the issue of operational support were to become a priority in the community, could the City consider some level of support for this building in the 2012 budget. Jeff said that it could be budgeted, but then something else would need to be cut from the budget. Debbie invited public comment to the budget process. Elizabeth was sorry to be the bearer of bad news, but reminded everyone that the budget is down about $4M this year. She said that Utility Tax and Sales Tax is down, among other revenue sources, and there is the possibility of budget cuts. Elizabeth also voiced her concern about maintenance and upkeep of the building. Jeff responded that, as the owner of the building, the City will have some responsibility for the structure of the building, as will the Operator. Maintenance specifics will be defined in the lease agreement. 4/21/11 Meeting Minutes F Page 4 Jeff reminded everyone that the RFP is online and to contact him with any questions. Events 1 The Baseball Jamboree is on May 7, at Service Club Ballfields. There are about 1,000 kids playing baseball and T-Ball 2 The Softball Jamboree is on May 21, at Service Club Ballfields. Softball has approximately 600 kids. 3 The Elementary School Track Program has about 2,000 kids involved from every Kent elementary school except one. 4 Junior Olympics is on May 14, at French Field and usually has about 2,000 kids participating. Parks and Recreation Commission Jeff shared that he's had conversations with City Administration about creating a Parks, Recreation and Community Services Commission. The Board would be a citizens advisory group that would serve as a sounding board and an advocacy group. They would work as an oversight group for the myriad of decisions on programs, services, parks, and development projects. Jeff asked for Council's feedback in future discussions. Debbie Ranniger asked about the next steps. Jeff explained that the next steps would involve the development of an Ordinance that would shape the organization, approval from Administration, and a solicitation / application process for Board Members, much like the Arts Commission or Human Services Commission. Debbie Ranniger shared that she feels it's time because we've l become a larger and more diverse City and we need more input. r 7. Youth and Teen Programs Update - Informational I Jeff reminded Council of his request in 2010 for agenda topics of interest and j that an update on the Youth and Teen Program was one of the subjects they had listed. Lori Hogan introduced the Youth and Teen Program staff who provided an overview of programs and services made available through the youth and teen Utility Tax funding. The presentation included participant impacts and outcomes, challenges and opportunities, partnerships, and a look k to the future, as follows: Program History and Goals • Council enacted by ordinance a Utility Tax of 3/10 of 1% in 1994 • Fund earmarked for youth and teen programs • Goal to build a program that provides a safe place with positive role models that supports youth and teens to make good life choices 4/21/11 Meeting Minutes Page 5 • Take the services into the neighborhood • Empower youth to get involved • Capital projects which benefit youth • Provide free or low cost programs Demographics • Over 120 languages spoken in the Kent School District • 48% of Kent School District students are Caucasian and 52% are identified as minority (statistics from American Community Survey Data 2009) • Program at 12 schools where 59% of the students are on free or reduced lunch • 2009 - 14% of families and 16% of Kent households were living in poverty • 2010 - $16,450 in scholarships for summer camps and after school programs Benefits and Outcome • Empowered • Greater self-esteem Increased leadership skills • Consistency and reliability • Leads to better preparation to stay in school • Make good choices about health and life • Program design - based on research as well as youth/teen and IF parent/guardian feedback • Availability of services - times, days, location at places where kids are located • City's service operated in concert with other community services Developmental Assets Model Focuses on: • Youth as resource • Building qualities in youth • Building self-esteem • Adult support Research shows the more developmental assets young people have: • The more likely they will engage in positive behavior k • The less likely they are to engage in problem behaviors Youth and Teen Staff Youth and Teen staff shared the challenges in their lives that they have overcome. These self-chosen words describe their many backgrounds. • Orphanage • Runaway • Raised by single parent 4/21/11 Meeting Minutes - Page 6 _ i ® III Low income • Homeless • Drug addict mother • Teen domestic violence • Suspended from school • Adopted • Gang affiliation Youth and Teen Staff Youth and Teen staff shared the accomplishments they've made in their lives through the help of mentors, coaches, teachers and parents. These self-chosen words describe them now. • College graduates • Past and present board members of a variety of organizations and service clubs in Kent • Mentors for Communities in Schools of Kent • Youth athletic coaches • Community volunteers • Parents • Invested in the community • Community partners Kent Parks Community Center & Meridian Late night • Free drop in program for teens 7th grade - 19 years of age • Recreation: basketball, break dancing, music lab, game room and dances • Attendance: 11,700 duplicated visits in 2010, 501 unduplicated teen visits • Attendance: January 2011 to date is 4,804 Developmental asset: Youth Programs. Young person spends three or more hours per week in sports, clubs, or organizations at school or in the community. Summer Playgrounds • Located at: West Fenwick Park, Morrill Meadows Park, Kiwanis Tot Lot 1, Kiwanis Tot Lot 2 and Chestnut Ridge Park l • Monday thru Thursday 10:30am - 4:30pm • Partnered with the Kent School District and USDA Meal Program to serve 5,638 lunches in 2010 (970 more than in 2009) i Developmental asset: Community Values Youth. The young person perceives that adults in the community value youth. After School Energy • After School program for ages 6-12 years old • Millennium 4/21/11 Meeting Minutes Page 7 • Meadow Ridge • Park Orchard • Scenic Hill • Panther Lake • Horizon • Kent • Pine Tree • East Hill Developmental asset: Planning and Decision Making. The young person knows l how to plan ahead and make choices. Camps • Camp W.A.L.K.A.P.A.L.A. r • Holiday Camp • Spring Break Camp • Presidents Week Camp • Camp Waskowitz Developmental asset: Other Adult Relationships. The young person receives support from three or more non-parent adults. Teen Employment = • Partnership with King County Work Training Program hiring 10-14 students. • Teen Employment workshops, job fair and one-on-one resume' building. • Placement of teens in City departments for the Teen Internship Program = from 12 to 20 students hired in positions outside the program. Interviews and placement with businesses. Developmental asset: Youth as resources. Young people are given useful roles in the community. Meridian and Mill Creek - Middle School All Stars. 2 days/week • Art, Cooking and Sports Clubs keep kids engaged and active. • Promotes healthy activities and nutrition in cooking club. • Partnership with Century 21 Program at Mill Creek Middle School. • Provides a safe place during a time when students are most at-risk (3-6pm). • Promotes positive social interactions with peers and adults. L Developmental asset: Creative activities. The young person spends three or more hours per week in lessons of practice in music, theater or the arts. Mobile Recreation and Computer Technology Bus (- • "Big Blue" i 4/21/11 Meeting Minutes Page 8 • 449 site visits in 2010 • Serving 6,343 youth/teens (duplicated visits) Developmental asset: High Expectation. Both parents and the community. encourages the young person to do well. Events • Fishing Experience. Annual event in partnership with Kent Rotary - 151 youth • You Me We - 4,000+ participants • Teen Job Fair - 300+ teens and parents k • 4th of July Splash • Toys for Joys - 250+ kids receive gifts for past 5 years • Backpack Giveaway - over 500 distributed in 2010 through a partnership r with Kiwanis and Communities in Schools of Kent • Book Drive - 1000's of books distributed to young readers • Camp Waskowitz Fundraiser - $15,000 annually Issues & Challenges • Transportation • Food • Space - Gym, class space is a challenge to. reserve • Funding - the economy has changed and so has donations • Identifying what teens want to do. A teen web page has been added. Partners - 100 Best Communities Partnership Many partners from the community were a part of the "100 Best Communities for Youth" celebration. • Kent Parks, Recreation and Community Services • Kent School District • Kent Cobra's Football • Glory House Church • East Hill Neighborhood Council • Soul'd Out Christian Church • Kent Police Youth Board/Police Dept • Kent 4 Health • Valley Medical Center • Project U(th) • Big Brothers, Big Sisters • Cascade Challenge - • Boy Scouts • Allegro Dance • Michael Smith Sr. Training and Development • Kent Fire/Emergency Management • Communities in Schools of Kent • Cinderella Closet 4/21/11 Meeting Minutes Page 9 • Camp Fire • Kent Downtown Partnership The Lakes Neighborhood Council • Kent Youth and Family Services • The Institute for Community Leadership • Washington Rainbow Girls • Lisa Russell • Kent East Hill Kids Boxing Club • Kent Kiwanis • Catholic Community Services • Rotary Youth Service Group Holy Spirit Parish - Teen Leadership Group • Girls Scouts Kent Knights Football and Cheer • Allied Waste - kids recycling education program • Blessed Beginnings Preschool • Kent Little League • Irvine, Hanis and Prothro • Kent Youth Soccer Association • Valley Ice Centre • Sylvan Learning • Quota International of Kent Valley Guest Speakers Megan Fitzgerald, of Mercy Housing Northwest Apian Way Apartments on the West Hill, serving the Appian Way community and other large apartment complexes F nearby. Megan has been with Mercy Housing for three years managing the community center. It's a newly renovated 5,000 square foot building. She thanked Dave Hobbs for his mentorship and help with programs, for example the Holiday Giveaway Program and a yearly backpack giveaway. In 2010, just over 160 backpacks filled with supplies were given out to low income youth. She is very excited about the possibility of the Late Nite Program coming to the West Hill. The community center does not have the staff or time to fill the programs, so they are very grateful for the partnership with the City. Moncef Belgacem, Case Manager with the King County Work Training Program. Mr. Belgacem came to the meeting to talk about the 10 year partnership with the City, serving Kent Meridian High School, the Phoenix Academy and Kent Mountain View. Successful programs with the Youth and Teen staff include employment and training. Funded by the Department of Work- Force Investment Act, the kids are taught job search skills, job readiness skills, work skills, and life skills. The kids are recruited to give back to the community by completing services in the parks in the summer. The skills training has been increasing and the kids have even done murals on buildings throughout Kent. The program poverty guidelines are pretty strict for this program and students qualify by: income family size, disability, being foster kids, and kids 4/21/11 Meeting Minutes Page 10 F living on their own, or living with non-parents/relatives. The good news for this year is that the program will continue to be funded by the Work Force Investment Act. Next Steps In the Annexation, looking to add more schools in the Kentridge area, five other elementary schools, as well as Meeker Middle School. Identify staff core areas, restructuring, assigning one staff to High Schools, middle and elementary, apartments and special events. Create a regional liaison by dividing staff and structuring programs to churches, apartment managers and schools on the East, West and downtown core. And in summary, furthering the partnership with the Federal Way School District and potentially opening a Late Nite Program. Lori Hogan, Superintendent of Recreation and Cultural Services, voiced her appreciation and pride for the Youth and Teen staff. She talked of their passion, energy and level of competency. She said they come with skills and life foundations that equip them to do the work they are doing. She invited the community to come out and participate - to join staff in the afterschool programs or community centers. She said they are always looking for partners because the programs and services are not the be all, end all. Lori is very encouraged by the meetings with the Federal Way y School District for programs on the West Hill. L Lori said the idea of the community liaison is for staff to split up the community into sections and connect with schools, churches, businesses, apartments, neighborhoods and service providers to get a firm concept of the needs of the community and come back to the table to develop specific services in those areas. Jeff commended the staff on their presentation and applauded them for taking on the community liaison role. He referenced the recent budget adjustments and spoke to working with finite resources. He said the bar has been set high for reaching and impacting as many lives as we can and that the money in the Utility Tax Fund is not enough to cover all the needs of the community. Jeff added that we also need to take on the role as liaison, partners, brokers, and relationship builders. Debbie Ranniger felt that You Me We event was an example of a new direction that the City is headed in reaching out and engaging all our community partners to help r meet the growing needs. She thanked staff for their personal stories. She felt it was �- heartwarming to see how staff have overcome their challenges, and how it's a big part of the passion they bring to their jobs. She appreciated them tying in the programs to the developmental assets - carefully considering youth development needs and targeting programs to meet development stages and helping the youth grow into leaders. 4/21/11 Meeting Minutes Page 11 ke staff for the presentation and felt it was very informative. He Dennis Higgins thanked s p y hopes the hard copies of the presentation will be posted on the web site. Elizabeth Albertson thanked Meagan for coming to the meeting and for her collaboration of services on the West Hill. i Public Comment: Dale Smith, 837 Maplewood Ave., Kent, Boeing Community Investor. Mr. Smith acknowledged the Council for the opportunity to participate, but complained that he was under the impression that they were able to speak earlier and that comments should have been earlier on the agenda because some people had to leave. He also suggested having a longer dialogue with Council and staff regarding their concerns, without such restricted timing. Mr. Smith voiced concern with the RFP in regard to culturally competency. He felt it was great to hear there is more latitude to address the costs, but that information should have been in the RFP. He said there are people who could potentially provide these services, but the language in the proposal was confusing. He feels the RFP should be re-issued with more detailed information, including the options that are available, including something to address the hourly rate. He said has no idea how to measure public benefit / proposed use. He was a Community Investor for almost 10 years at Boeing and for five years he managed a $51M portfolio for Arts/Culturally/Civic and Environment. He feels he knows about outcomes and stated that the development asset model is extremely outdated. He said it's not an outcome model. _ Mr. Smith stated that outcome measures are not anecdotes, pictures, bullets and k_ stories or even passion - it's about numbers and demonstrated effectiveness and demonstrated outcomes. He felt that given the money involved with a city of this size, it wasn't shown in the presentation and feels it needs to be extremely specific. He said numbers need to be compared to things, the concept of opportunity costs, what you should be getting out of these numbers, what kinds of investment are other cities making with these same dollars and what are their returns, how do ours compare. He stated that there's a whole lot more that needs to go into all that. He also feels there are no measurements regarding the impacts of these programs and asked how the City can require measurements on the RFP. He claimed there is no accounting to show how much money is spent each year in these programs, adding that they want the opportunity to address these issues. He said they have an issue with the $284,000 designated Utility Tax money. He alleged that over the last three years, it was returned to the general fund without any accounting of how it was spent, or if it was spent on Youth and Teen Programs. 4/21/11 Meeting Minutes Page 12 Leslie Hamada, of 28026 189th Ave SE, 98042, with eight years as Emergency Assistance Director at Kent United Methodist Church, 42 years of mentoring in high L risk Elementary Schools and on her 43rd year mentoring at Phoenix Academy. She said that this is not a contest of he, she, it and that we are all working together. She shared news from Jeff Watling regarding a contract being finalized for the Kent Boxing program. She is also representing Kent Youth and Teens Community Action Committee and said they are looking for more teen centers and more input on the Utility Tax budget and feels they have a right to have their voice heard. She stated that there was good programming going on, but a lack in programs for teens of - diverse and marginalized communities. She was disappointed that the teens who wanted to speak that night had to go home to do homework. Bailey Stober, 24911 38th Ave. So., Kent, shared recent census numbers. He cited _ that 27.7% of the population in Kent are under age of 18, and 16.7% of them are below the poverty level in Kent. He stated that this doesn't reflect the number of services in Kent. He said the City passed a Utility Tax in 1993 and City Code states that .03% of that money was going to be used for youth teen programs, and claimed that the $11M over the 16 year time period can't be accounted for. He alleged that the Finance Director and the Parks Director can't show exactly how much every program costs, or the outcomes / results. He said it was not only sad but illegal. Mr. Stober stated that when he is out feeding the homeless he doesn't see Council or leaders in the City there. He said that putting the $284,000 back into the general fund is illegal and a violation of City Code. He continued that it is a violation of what the City told the tax payers. He said they tried to work with the City to address these issues and it's not being addressed. He said it's going to be turned over to the State Auditor's office. He felt the only reason these documents have come out is because community groups had to push and fight for it. He said the City talked about it for 16 years and the RFP finally came out. Mr. Stober felt the Council should be ashamed of themselves. Staff is passionate and do an amazing job and he commends them for it, but they can only do what their leadership allows them to do - they can only do so much. He said it's sad, all these kids are homeless, that there are unaccompanied minors in cold weather shelters. He felt the City is doing nothing about it. He said we can do better as a City, better as a community. He called on the Council to actually walk the talk and join him in doing that. Mr. Bailey referenced the loss of Common's Playfield to the ShoWare building and said we are still waiting for replacement fields. He said it was a sad day in Kent when other smaller cities such as Auburn is recruiting our non profits to go down there. He stated that the City of Auburn is sponsoring a boxing program that's based in Kent because the City of Kent won't step up. He closed by saying, either do something 4/21/11 Meeting Minutes Page 13 I" I i about it or go home. Barry Fretwell, 738 Prospect Ave. No. Kent, Project U(th) Mr: Fretwell spoke for the teens of Project U(th). He said they want a safe space in the valley that's bigger than the 1,100 square feet they are currently using at Kent Station. Deborah Jones of 10027 SE 2471h, Kent, asked about a charge of $7+ on her Utility Tax bill and wanted to know what it's for and why she has to continue to pay it. Jeff will give her information to the Finance Department. Director's Response to Public Comments Jeff addressed the comments regarding the Utility Tax Fund. In conversations with r Dale, Leslie, Bailey, Barry and others, he shared with them the City was faced with the choice of investing money in construction, or investing in numerous programs and services. The referenced $11M is rounding up what has been collected into the Utility Tax Fund. He said that if the City would have built a teen center, a majority of the money would be gone and there still wouldn't be operational money, or money for the services that have been provided to the community over the past 16 years. Jeff said the opinion is valid, but the City had tough choices to make. The implication that the City has misappropriated funds because the City doesn't have a youth center, is wrong. The choices have been made to invest in programs and services and utilize existing facilities. In reference to general fund allocation, Jeff explained that he shared youth and teen budget sheets with Countil and with Dale, Barry, Bailey and others, accounting for every single dollar spend in the Youth/Teen Utility Tax Fund. Jeff explained that Finance takes the collected Utility Tax and allocates money into the general fund. All the monies that are spent on youth/teen programs and services are funded out of the general fund. Regarding the surplus of $284,000, it went into the bottom line of the Parks and Recreation budget, not into the City's general fund. Jeff has explained to the group that over 70-80% of what the City offers is for youth and teen programs and services. He added that he would be happy to have further conversations. In addition, the previous 7-8 years had a deficit. Meaning, the money that Finance put into the general fund did not pay for all the youth and teen services expended. The rest of the Parks and Recreation Department general fund subsidized those programs and services. We are working with Finance for more communication on allocation numbers. Jeff reiterated the all the money is accounted for. Regarding the reference on waiting 16 years for a youth center, Jeff spoke with Barry previously about spaces for Project U(th) to meet and had suggested sites at Kent Commons and the Community Center at Phoenix Academy. Jeff added that maybe these recreation spaces aren't perfect, but they are spaces we choose to program. He looks forward to conversations about the opportunity at the Resource Center and to see what public use can be created in that space. 4/21/11 Meeting Minutes Page 14 r I i i As far as the comment on the loss of the Common's playfield, Jeff said that staff worked on a short-term solution with the school district and non-profit youth sports providers and came up with a number of replacements. No games were lost, they were re-scheduled to other fields. There are a number of long-term solutions with the school district. Discussions include the creation of community sports fields at Kent Meridian and Kentridge High Schools, utilizing their practice space and upgrading the fields with lighting and synthetic turf. They could be utilized by the school district during the week and by the City programs on weekends. Jeff said there are also some opportunities to replace existing park facilities with synthetic turf. He said the Capital budget is not in a place where this can happen, but look forward to the day when it can. Elizabeth commented on opening the Phoenix Academy and how it has become a model. She said that the building is paid for by tax payers, as many other buildings are in Kent and she feels that it makes sense to use existing buildings. She also commented on Common's playfield and that it was purchased for future municipal purposes and its use for many years as a sports field was temporary. Elizabeth spoke of ShoWare and how Council considers it a municipal purpose and a wonderful asset to the community. The City doesn't have the money to go out and buy soccer fields and she doesn't feel that people are in the position to be taxed higher for soccer fields. Right now the focus is on keeping the City's operation going, taking care of what we have, and working with the school districts to improve their facilities and use them. We are trying to spend the money wisely. She also invited the public to participate in the budget meetings and see where the money goes and how few dollars there are to go around. The Council spoke of confusion with the RFP and asked Jeff to re-issue it with clarification on the cultural competency segment. They want more information on how to offset through public benefit and how to measure public service in compensation for the rent. Jeff will re-issue the RFP, with more clarity in defining the public benefit, while working within the boundaries of leasing public space. Commenting to statements on demonstrated outcomes and measures, Jeff agrees, it's an area that needs to be worked on. Measures require data and we are only as good as the data we collect. He said staff is going to look at creative ways to ask our participants for demographic information and data that will allow us to move toward outcomes so that we can work on areas that we need to improve upon. Regarding Barry Fretwell's comment about the need for space in downtown for youth, Jeff said that the RFP is an opportunity and we are reaching out and engaging the public to respond. Jeff and staff have mentioned buildings that are available to possibly meet their program needs; Kent Commons, the Kent Memorial Park building and the Phoenix Academy. 4/21/11 Meeting Minutes Page 15 i, Mr. Smith asked about more open dialogue. Debbie Ranniger acknowledged the passion and concern for the community. She said the City has been impacted by the many changes in growth and diversity, as well as the recession. She stated that we need to re-think how we program to match a changing and diverse community. She feels this is the beginning of the discussion. The dialogue will continue, if not at future Parks Committee meetings, but at breakout sessions or some other form of meeting. She said the door is open and thanked everyone for coming to the meeting. She asked interested citizens to leave their contact information so that they can be included in any ongoing dialogue. Debbie Ranniger adjourned the meeting at 7:10 p.m. Respectfully submitted, Teri Petrole Council Committee Recorder 4/21/11 Meeting Minutes Page 16 'r PUBLIC WORKS COMMITTEE Minutes of Monday, May 2, 2011 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis Higgins were present. The meeting was called to order at 4:03 p.m. ITEM 1 — Approval of Special Minutes Dated April 18, 2011: Committee Member Higgins MOVED to approve the minutes of April 18, 2011. The motion was SECONDED by Harmon and PASSED 3-0. Item 2— Contract/Jason Engineering & Consulting Business, Inc/South 2281h Street Improvements — Materials Testing: Construction Manager, Peter Tenerelli explained that the City is contracting for improvements of South 2281h Street from 641h Avenue South, to the Union Pacific Railway crossing. Work includes extensive underground utility construction including a new water main and six foot diameter reinforced concrete storm water by-pass system to help alleviate the flooding of surface streets. We are required to ensure that the materials used to bed the pipe and other utilities are tested to insure they meet specifications and that, trench backfill material is compacted to the required density to support the new concrete or asphalt roadway surfaces. Tenerelli noted that there are no Engineering firms from Kent that have submitted Statement of Qualifications to perform this type of work. This project will cause a significant disruption to the business in the area. Tim LaPorte, Public Works Director noted that all businesses in the area have been notified of the upcoming work. Harmon MOVED to recommend Council authorize the Mayor to sign a Consultant Services Contract with Jason Engineering &Consulting Business, Inc. in an amount not to exceed $64,095.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 3— Interlocal Agreement between the City of Kent and Drainage District NO. 1 of King County/S. 2281h Street Improvements: Public Works Director, Tim LaPorte introduced Environmental Engineer, Joe Fielding. He made special note that this will be one of Fielding's final projects, as he is retiring at the end of this yea r. Fielding explained that the S 2281h Street Improvements project involves working on Drainage District No. 1 of King County property. The Drainage District Commissioners agreed at their last meeting on March 31, 2011 to contribute $50,000 towards this project because the Drainage District benefits from the project. The goal of the storm water drainage work is to divert peak flows from Drainage District No. 1 property and alleviate frequent flooding from Mill Creek along 761h Avenue South. As well as water quality improvement benefits to fish habitat in Mill Creek. Higgins asked how the dollar amount was arrived at. Fielding stated that the Commissioners at Drainage District No. 1 decided the dollar amount at their meeting and that the City had no input. Page 1 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, May 2, 2011 Higgins didn't want to appear ungrateful but, thought with construction costs being in the $6 million range perhaps the contribution amount might be re-evaluated by Drainage District No. 1. Higgins asked what the annual cost for maintenance is for the Drainage District in this area. LaPorte stated that he could get that information for him. Higgins MOVED to recommend Council authorize the Mayor to sign an Interlocal Agreement between the City of Kent and Drainage District No. 1 of King County for the City to receive a $50,000 contribution from Drainage District No. 1 toward the cost of the South 2281h Street Improvements project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0. Item 4 - Contract Amendment/Tetra Tech, Inc. - Boeina Levee Certification: Alex Murillo, Environmental Engineering Supervisor gave a brief PowerPoint presentation giving an overview of where the Boeing Levee is located. He went on to explain that this amendment will enable Tetra Tech to do additional geotechnical work at the South 2001h Street and South 2121h Street Bridges; not anticipated with the original contract. As the City has moved forward with FEMA on four other levee certifications, it has become apparent that additional geotechnical analysis at each "high ground"or bridge crossing is necessary to attain certification. The question was asked that once this work is done will the levee be certified. LaPorte stated that it will take several years. LaPorte made note that it is highly likely that staff will come back to committee for approval of additional consultant agreements in the future. Harmon MOVED to recommend Council authorize the Mayor to sign an amendment to the Consultant Services Contract with Tetra Tech Inc., for Certification of the Boeing Levee in an amount not to exceed $28,708.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 5 - Right-of-Way Dedication/Central Avenue S. Sidewalk Replacement and Storm Water Force Main: Project Engineer, Garrett Inouye gave a brief overview of the project noting: • The project would help alleviate local flooding on James Street. • This is the I" Phase of the project (3 phases total) - Willis Street to the Kent Municipal Court. • Franchise utilities are required to relocate their facilities out of the way of the new storm pipe. • Right-of-Way is needed for franchise utilities to locate their facilities to. Inouye noted that Public Works reviews right-of-way needs as project progress. Through this process, it was determined additional right-of-way for Central Avenue South across the frontage of the Kent Municipal Court was needed for the franchise utility location. The dedication of this narrow strip of City-owned land addresses this need. Higgins MOVED to recommend Council authorize the Mayor to sign the necessary documents to dedicate a portion of City-Owned property in connection with the Central Page 2 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, May 2, 2011 Avenue S. Sidewalk Replacement and Storm Water Force Main Project as Right-of-Way, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0. Item 6 - Information Only/National Pollutant Discharge Elimination System - Update: Environmental Scientist, Shawn Gilbertson stated he is responsible to see that the City of Kent is meeting the mandates of the National Pollutant Discharge Elimination System (NPDES) Municipal Phase II Permit. Gilbertson gave a brief overview of Proposed House Bill 1478. Noting it offers no substantial relief from current permit requirements. If passed, it would delay the reissuance of the NPDES Municipal Phase II Permit, but it would not relieve Phase II cities from any of the mandates or deadlines in the current permit. The Department of Ecology is expected to release a draft Phase II permit in 2011. Staff will continue to monitor the development of the forthcoming permit as well as the fate of HB 1478. Gilbertson stated that despite troubling times there is no leniency in the requirements - listed below: • Outreach - Formal Education Program • Public Involvement - Through the City's website and public meetings • Respond to all Spills &Illicit Discharges • Development & Construction Oversight - Stormwater Regulations & Oversight • Maintenance of Stormwater System Utility Superintendent, Greg Reed showed an informative graph depicting the number of catch basins and manholes that have been inspected to date and still in need of inspection - 18,980 in all. He went on to show a map depicting how many catch basins are within a 1 square mile area; and where staff is to date on maintenance and repairs. He explained what the process is and that once the catch basins have been inspected, if they are in need of repair, the City has six months to clean them up, per the NPDES permit. Another graph was shown that depicted the 334 Stormwater Ponds that the City is responsible to maintain and where staff is to date on the inspection and repairs. The next permit issuance is dependent on the timing of HB 1478. It could be either June of 2012 or August of 2013. The following new requirements are anticipated: • Stormwater Monitoring • Operations & Maintenance - Pipe inspections? • Low Impact Development Standards • Stormwater System Retrofitting Harmon asked if there is any way to recoup the cost of the spills that we need to clean up. Gilbertson stated that when we know who caused the spill we do get reimbursed. Harmon also voiced his disappointment in King County for not doing the right thing by leaving the area in better condition before the City annexed the Panther Lake area. Reed had noted earlier that this area of the City is where staff is spending most of their time on catch basins and storm ponds. Information Only/No Motion Required Page 3 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, May 2, 2011 Item 7 — Information Only/Tacoma Regional Water Supply System — Tacoma Second Supply Pipeline - Update: Water Superintendent, Brad Lake updated the committee on the completion of the Tacoma Second Supply Pipeline project, the construction claim settlement and the closeout of the pipeline phase of the project. Lake noted that the project began in the early 1960's and, after lengthy permitting, design work, and construction and testing, the 34 mile long pipeline began delivering water on October 20, 2005 to the four partners. Lake then gave an overview of what the project included. The total cost of the project to the four partners is $237 million. Higgins asked what the initial estimated cost for the project was. LaPorte will check in to this and get back to the committee. Information Only/No Motion Required Item 8 — Information Only/Lake Meridian Outlet Project — Construction of Phase II and III: Environmental Engineer, Beth Tan noted that the City has partnered with the US Army Corps of Engineers (USACOE) within the Green/Duwamish Ecosystem Restoration Program to modify the outlet of Lake Meridian. The current outlet channel traverses 21 culverts and follows along 152"' Avenue until entering Soos Creek. The project is to construct a new 2,400 foot stream channel through the Gary Grant Soos Creek Park and will continue its path into Soos Creek. The project will revitalize 3 acres of wetlands. Tan noted that by removing the outlet from close proximity to the road, fewer pollutants from runoff are likely to enter the stream and the new channel will be fish passable while providing the needed flood protection to residents along the outlet. Clearing of the site will begin on May 2"', 2011. Completion of the excavation and grading is projected to be completed by the end of August 2011. Information Only/No Motion Required The meeting was adjourned at 5:21 p.m. Cheryl Viseth, Public Works Secretary Page 4 of 4 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION