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City Council Meeting - Council - Agenda - 07/05/2011
CITY OF KENT AgendaCity Council Meeting July 5, 2011 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 July 5, 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 AGENDA 5:30 p.m. Item Description Speaker Time 1. Veterans & Human Kelly Rider, Housing Development Consortium Services Levy Anna Markee, King County 30 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events 5. PUBLIC HEARINGS None 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. National Endowment for the Arts Grant - Accept D. Perkins Storage Building Lease Agreement - Authorize E. King County Conservation Futures Grant Agreement Amendment for Panther Lake Acquisition - Authorize F. 2011 Miscellaneous Sewer & Water Projects Contract - Authorize G. Stormwater Ponds Maintenance Agreement Amendment - Authorize H. S. 228th Street Improvements Agreement - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED I. Hawley Road Levee Contract — Authorize J. Horseshoe Bend Levee Contract — Authorize K. Pavement Grinding Agreement — Authorize S. OTHER BUSINESS A. Emergency Six-Month Moratorium — Medical Marijuana Ordinance — Adopt 9. BIDS A. Kent Memorial Park Ballfield Light Pole Replacement Agreement — Authorize B. 2011 Citywide Large Culvert & Storm Pipe Cleaning 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations 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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Y T° .TiVN x• Gma OS Cp v-6 IQJb E_JE N00O-6 U CmTiK C'O M TE 3 y > C F a y c=L= a 0 O,B N a H N m E c v m o-E oZ-0 3 U Es u v m m N E+' � v-o = L 3v- c ° • ._. o L Fo E I-«._ -D E E r -o > v-o E N y r o-c = m-L c a m:2 y d F p c � vE�Sn(pEGtroa> 0M �v-_�=acav=aao: > Occ Lva ..scpU amv° o o E o EroNoc._ EO O OE« `V E 'W F c�uE m�o L � roSYpOv Ha2 U t2UUUm LjiFU a N"a' b.•�°�nyE=NU L3y 2E`mo ya.m. U O.�� l�'o m L = •Zu d O W z Z J J ii i ro a rJ > 3 3 a Uoa by o `c, v �^i ® unite N '�Nn U V J b NO -O JO ro U O cD J V cC (� c L U Od C E -D _TQ 1 LL F J ry• .+T' O •N' f J m E W SyU m E m u'a a D a rJ E °. °c° 3 � -ac o Lrov` ,uo' ' rovro� o� c y ro oa ; u -ro EN ro« a Eci • .c m>,m= y J -69 Jo ` E 'tlro«:a • o f o o > e o ro c y m ro c m p v v m p' (')L._ N > •_ v No L� Nmuy s veeom roL � 3o c v¢ e._ vv ao�`-"' eo cw� 3 ovA oYNs m _ mp`-'vp aLv- Cv a Y L•B p .. a y._ ya „ U >c CVYNt ° roC I COUNCIL WORKSHOP 1) Veterans & Human Services Levy kProposed renewal,August 16`h Primary Election:King County voters approved the first Veterans and Human Services Levy in 2005. With the levy expiring this year, King County voters will have the opportunity to renew the levy. The proposed renewal would generate about$16 million annually for six years. Half of the funds would continue to be dedicated to veterans and their families and the other half would serve working Department of Community families and vulnerable residents. The typical homeowner would invest about$17per and Human Services year. III I� a m mo a m Ate � IIIIII I � I program "The Veterans allowed me time to repair my life and proceed with my education."—Veteran Chem! I�� III IIyy III VIA IllllllllJll�yl I, II IIIIII Ilu� u� lid III,IIIII I � II � IIIII II �� I I IIIIII III I II I m mw m muuli lm ou II ��t m 'm m i ;ia m m,I Im III�IIIIII�I Illi . I Keisho is now on a career path and her son is growing up healthy. m o o m Andrews Glen in Factorio will provide 30 homes for veterans and „ ^ , other vulnerable people. IIm II, Image courtesy of SMR Architects Department of Community and Human Services 206-263-9100,www.kingcounty.gov/dchs Veterans and Human Services Levy LQ Over 82,000 clients served 2( King County Serve Our Veterans 14071 Served ✓ The Veterans Program expanded from a single downtown Seattle site to ten walk-in sites around the county ✓ 84%-of veterans and their families enrolled in the program improved their housing, employment,or income', ✓ Levy-funded PTSD treatment for veterans has:a 95%success rate in reducing;symptoms ✓ 439 National Guard and Reserve families who had nowhere to turn are now getting the help they need ✓ By connecting incarcerated veterans to mental health, employment and housing services, King County reduced jail costs by nearly$1 million End Homelessness 20730 Served ✓ Through innovative methods like the Mobile Medical Clinic,over 2,800 isolated,chronically homeless people in our community made an ongoing connection to services ✓ 93%of at-risk families who received one-time assistance with their rent or mortgage were still in their housing a year later ✓ Levy funds invested in over 1,200 new apartments with on-site services specifically for veterans and their families and vulnerable people with disabilities. ✓ Residents in levy-funded apartments with services use 84%fewer public hospital days than when they were homeless,saving the public nearly$500,000' Improve Behavioral Health 18,183 Served ✓ Mental Health services are now available in 26 primary care clinics throughout the county ✓ Over 15,000 residents accessed to mental health services who previously were turned away ✓ The PEARLS program for Seniors with chronic illnesses is 96%effective in improving clients' mental health, thereby reducing their use of public nursing homes Strengthen Families 30,552 Served ✓ Play'& Learn groups helped 83%of participating families learn to improve their relationships and prepare their children to succeed in school. ✓ The Nurse Family Partnership saves$18,054 per child served by reducing involvement in the criminal justice system and increasing educational achievement. ✓ 1,536 mothers;struggling with mental illness received treatment that helps them foster the healthy development of their children ✓ Through 2010,-the Cultural Navigator program helped over 2,500 individuals in East and South King County who are new to the U.S. connect to appropriate services *All figures are current as of 2010. Administration costs are below 5%. Department of Community and Human Services 206-263-9100,www.kingcounty.gov/dchs Veterans and Human Services Levy Kent Residents Served in 2010 LgThe Veterans and Human Services Levy focuses on serving those most in need and has placed a special emphasis on serving South King County which has high levels of poverty, disabled veterans, and other indicators of need. In fact, 40 percent of all clients served by the levy report addresses in South King County. King County In 2010, the levy funded services for 2,087 clients from Department of the Kent area. There may be duplication in this count as Community and Human Services clients could receive services at more than one Levy funded program. Fifteen agencies operating twenty three programs delivered services ranging from case management for veterans, to homelessness prevention, to behavioral health, to parenting support to Kent area residents. The table below lists the programs serving clients from Kent and the number of clients they saw in 2010. Agency Program Clients Community Psychiatric Clinic Outreach to Minority and Women Veterans 3 Washington State Department of National Guard and Reserve, Military Family 32 Veterans Affairs Outreach Specialist Washington State Department of Veterans PTSD Treatment 40 Veterans Affairs Washington State Department of Veterans Incarcerated Program 45 Veterans Affairs Washington State Department of Homeless Veterans Reintegration Program 8 Veterans Affairs Washington State Department of Veterans Conservation Corps 9 Veterans Affairs King County Veterans Program Case Management and Financial Assistance 171 to Veterans King County Mental Health, County-Wide High Utilizer Integrated 3 Chemical Abuse and Dependency Referral System Services Division Public Health-Seattle & King County REACH Program - Outreach and Case 1 Management Public Health-Seattle & King County Mobile Medical Van 129 Public Health-Seattle & King County I Housing Health Outreach Team 97 May, 2011 Agency Program Clients Public Health-Seattle & King County Behavioral Health Integration in Primary 542 Health Clinics Public Health-Seattle & King County Behavioral Health Integration in Primary 245 Health Clinics -Veterans Public Health-Seattle & King County Nurse Family Partnership 143 Public Health-Seattle & King County Services to Address Maternal Depression 172 Public Health-Seattle & King County Healthy Start Expansion and Enhancement 4 Project Public Health-Seattle & King County Cultural Navigator Project 63 Sound Mental Health Outreach to Long Term Homeless People in 43 South King County-PATH Compass Housing Alliance Renton Veterans Center 14 YWCA of Seattle, King and Landlord Liaison Project 42 Snohomish County YWCA of Seattle, King and Employment linked to housing and 16 Snohomish County supportive services Solid Ground Washington Housing Stability Program (rental assistance) 214 YouthCare Employment linked to housing and 1 supportive services Neighborhood House Employment linked to housing and 8 supportive services Pioneer Human Services Employment linked to housing and 5 supportive services TRAC Associates Employment linked to housing and 5 supportive services Valley Cities Counseling and Employment linked to housing and 21 Consultation supportive services City of Seattle Program to Encourage Active Rewarding 6 Lives for Senior King County Superior Court Family Treatment Court 5 * Zip Codes used were: 98030, 98031, 98032, 98035, 98042, 98065. Since some zip codes* extend beyond Kent' city limits, some of those served live in areas around Kent. May, 2011 /r � � / r, p.� ' 1 /!/., � ti Y � � � ' �4 i�� r� _ _ i � �, � � '� � � � i i � i ,�� i ° �''/i � C, i /, � �` }I a ' ,� ! ir�l ��`i niiM1 P �//� l% i !'�iG��'n�1°`���"a' " '� r' �� '�'�li � / i� GIrW'�n� �� d�l � ��. l� � �y 2/^� j. �� ,yid- / �i �� it � � /� � ��� /�/%f � � tl�/ref( %,.. �IliIIlAVi �� �i ����� ���% /r�N r � „fii� ��" ? IJ d'�1 �i` a /y '!J Ge l �� � �;�ro ���o«(�JrrrGrlw�irn '� ,,, ���/� �01/�i�✓ „� � "� � ,,r 1 iimXfly,� J lJ 1� f�� r I r„ ,��; 1 it � � J e� � � uiii /�� i �8�� ,�% � k 'F � � ii �I ! i i�i I���141�� I�� �'i!� ;G/ � oq �4 nisi, ,;, if' i ; � ���;,; .�C`�, ��'� $ %fiii /, %� lrf// � (� The Veterans and Human Services Levy was approved by King County voters in November 2005. It provides over$13 million each year through 2011 to help people in need. Half of the revenue from the Levy is dedicated to veterans, military personnel, and their families (Veterans Levy Fund) and the other half is for other individuals and families in need (Human Services Levy Fund). MEMMO '" MEM 4 Strategy 1: Enhancing services and access The Levy's goals are to: for veterans, military personnel, and their 10, Reduce homelessness families IN- Reduce emergency medical and criminal justice involvement 7 ' Strategy 2: Ending homelessness through 10, Increase self-sufficiency for veterans, their families,and outreach, prevention,,permanent supportive other individuals and families in need housing, and employment These goals are achieved through five overarching 11 Strategy 3: Increasing access to behavioral strategies: I ' Enhancing services and access for veterans, military; health services personnel,and their families 2. Ending homelessness through outreach,prevention, 13 Strategy 4: Strengthening families at risk permanent supportive housing,and employment 3.= Increasing access to behavioral health services 17 Strategy 5: Increasing the effectiveness'of 4.` Strengthening families at risk resource management and evaluation 5.- Increasing the effectiveness of resource management and evaluation 19 2010 Evaluation Report This report summarizes Levy progress and accomplishments 24 2010 Financial Reports during 2010.' Bear II"'riiendu Homecomings for local veterans returning from deployment are always exciting events. But these celebrations are just the first step in what can often be a long and difficult adjustment. Many veterans return home with injuries or Post Traumatic Stress Disorder (PTSD),and many need help reconnecting with family,finding work,and adjusting to life after their service. In these difficult economic times, many of our neighbors are also struggling and need help to regain their footing. Some may need short- term rental assistance to avoid becoming homeless,or employment assistance to become financially secure again. The Veterans and Human Services Levy,approved by King County voters in 2005, provides the resources to help veterans and others in need with housing,job training, health care,and counseling to assist them in getting their lives back on track. During 2010,the Levy provided funding to assist more than 30,000 people in our community,helping us: • Serve Our Veterans.We have expanded the King County Veterans Program (KCVP)to 10 service locations and 22 outreach sites and reached out to underserved veterans with a hotline,case management,and targeted support.We have increased the range of services we provide,offering counseling,emergency financial aid,housing referrals,job training, legal support, and assistance with federal benefits. • End Homelessness. During 2010,seven affordable housing projects were completed,adding 234 new apartments.Two of them,Val ley Cities Landing Project and Renton Lutheran Regional Housing Program,created a total of 56 new apartments for veterans. By the end of 2010,a total of 25 affordable housing projects had received Levy funding support. • Improve Behavioral Health.The Levy has helped us integrate mental health and chemical dependency services into the primary health care system. Behavioral health staff are now in 26 community clinics,with doctors and providers trained to identify the signs and symptoms of PTSD to help them serve returning veterans and others in need. • Strengthen Families.The Levy-funded Nurse Family Partnership and Healthy Start programs helped nearly 500 young, low-income parents last year learn to care for their children,set goals for themselves,and pursue higher education and employment.This kind of support, in the early months and years after a child is born,can prevent child abuse and neglect, reduce potential criminal justice system involvement,and set the foundation for good health and academic success. As members of the Levy's Oversight Boards we have worked to ensure that Levy funds are managed prudently and effectively. During 2010,we reviewed performance evaluations of each Levy-funded activity,and we reached out to local governments and community organizations to share news of the Levy's achievements and learn how the Levy could help them. In this report,we continue our outreach by sharing information about the Levy's activities, performance,and financial commitments during 2010. For a cost of about$15 a year for the average King County household,the Veterans and Human Services Levy has served more than 80,000 veterans,families,and individuals in need since it began.We are proud of our success and prouder still that we live in a community that has banded together in tough times to help those in need. Siinceirelly, Katttile,eruA. Brasch,Oo•Olhoaiiir IlDouuglllasHoolplle,,Olhoaiiir Il..oiraroll..iichitty,Oo•OhiAir Regional Human Services Levy Veterans Levy Regional Human Services Levy Oversight. Board Oversight. Board Oversight. Board 2010 Veterans antl Human Services Levy Annual Report 3 10, 2010 AninuaV Relport St irate gy I 'onha na;ung S rvr ces and Access for Veterans, nhtary IP rso nnO, and theur FamMes Ken: Housing means stability EN,A LOBO-TIME NAVYVETERAN,never thought he'd Then Ken found help from the Levy. He visited the KCVP one be homeless+or that he'd ever have to ask anyone for help, day,hoping the staff there could help him find a shelter space. But after he lost his job a few years ago, Ken quickly ran out The KCVP staff found Ken a spot at the Salvation Army's of options.At'52, he had trouble getting potential employers William Booth Center's Transitional!Housing Program,where to consider him,and he ultimately spent through his savings he could stay in his own private room for up to six months. and then lost his home while trying to find work. Next,the William Booth iCenter staff engaged (en In case management to help him assess his strengths and approach his After that, Ken stayed at a number of different,homeless Job search more thoughtfully. shelters while he continued to look for work The crowded conditions and daily uncertainty took a toll on his health,and With this support and the stability of a place to call home, Ken he found it difficult to look presentable for interviews while found a job. Once he feltsecure in the new job,the staff helped moving from shelter to shelter each day. him find an apartment of his own.Today, Ken is back on his feet. He has aijob and a home,and is confident about his future. Names have been changed to protect client confidentiality i i I(I Iiill� � %�%': III I�� tmgOUWN. o V III 1 Sri ' �� II � tlrll III y i ' l uullll lli'll ill( It Ill 4V Iu i' I;., j IIIIV d IV /� alY � IIII n Ill I II l .I om v slut I r.rwMw�rll ', I N Uo. Stratargy 1. �d uuuuuuuuuum in Ili a in c ii in q s P.lr Y ii c e s rc3 in a c c a s s )fair IN" Ouutreachi to Iflflill lfliolPllfy and wolrlrierli veterans.Women and uuuuuuum veteirains, Ihiii1liftairy Ipeirsoininell, and tlheifir veterans of color are much less likely to seek assistance or to pursue the benefits they have earned. Levy funding uuuuuuuuuuuu faII King County is horne to at least allowed us to serve 76 previously unserved women and 13.1,000 men and women who are current or minority veterans, helping 50 of them apply for benefits. former active duty members of the U.S. Military, p, I11 Guard IFarruiillyAssiistance Coordiinattor. National Reserves, and National Guard, and an additional Guard members have borne an increased burden over the 1..3,P:)P:)P:) National Guard end Reservists who last decade. Many have served multiple deployments to assist in conflicts overseas.Yet they have limited access to have not yet been activated. Half of all Veterans services through the U.S. Department of Veterans Affairs and Human Services I....evy funds are dedicated (VA) once they return from duty.The flexible nature of 'to 'their needs and 'those of 'their families. This Levyfunding hasenabled ustoserve National Guard members and their families,assisting 198 people during first L...evy strategy includes four activity areas, 2010 with counseling,job and housing referral, benefits which helped us serve more than 4,600 Veterans, assistance,and case management. military personnel, and family members during ACTIVITY :12: lliruairaa,asa the capacity of services for 20:10. By meeting their needs, we honor their veterans.As KCVP has broadened its outreach to veterans and their families, it has added an array of services to better service and welcome theme homne. meet its clients' needs. ........................................................................................... ACTIVITY :I...U: II'r::xpand the geographic Irarllge, of the. IKiirug p> Il1ruariciiall assistance.The KCVP used Levy funding to County Veterans PrograiI This activity has provided funding double its emergency financial stability program,which to allow the KCVP to reach out to previously underserved provides small grants to veterans and family members, veterans and their families. helping them to become self-sufficient.Two-thirds of the assistance provided was for housing,followed by utility bills Ih Satellliite, Sites. Levy funds enabled the KCVP to open and food. a Renton office,as well as satellite offices in Federal Way, Lake City, Carnation, Enumclaw,Auburn, Maple 0, Shelter services and Ihuouusiiirug pllaruruiirug. The KCVP has Valley, Redmond,and Kirkland. In addition,the KCVP contracted with the Salvation Army's William Booth conducts regular outreach at twenty-two Iocations.The Center and the Compass Housing Alliance to reserve 63 KCVP served 2,661 veterans in 2010 and provided shelter beds that provide up to six months of transitional comprehensive case management services to 434 of them, housing for homeless veterans. During 2010,the Levy including case planning, linkage to PTSD and alcohol/drug funded 15,184 emergency and 2,298 transitional bed counseling,and shelter and housing referral and assistance. nights.A report on veterans'housing,which includes an The KCVP has also collaborated with work training inventory of all available veterans' housing sites in King centers and community colleges to provide employment County,was completed during 2010. assistance. 110, Counseling and freafirrieruf for veferairus and farrdlliies. Ih Military IKiids Guurriicuulluurru.The Levy funded the Many veterans experienced significant trauma during development of a curriculum to help schools support their service and struggle with PTSD. Family members children as they cope with the stresses of life while a may also become traumatized as they attempt to help. parent is deployed. During 2010,the curriculum was The Washington State Department of Veterans Affairs piloted in Renton and then implemented in the Kent, (WDVA) has used Levy funds to increase their state-of- Auburn,and Federal Way school districts. the-art PTSD outreach and counseling services. During 2010,the WDVA used Levy funds to provide PTSD counseling to 200 clients. 0f those served by the WDVA (with both Levy and State funding),97 percent reported a reduction in symptoms. 2010 Veterans antl Human Services LevyKnnual Report !'r Uo. Stu'ataq Ire Veterans Incarcerated Project.Through a contract with I1...ocaflon of People Served Iby Strategy I King County,the WDVA has used Levy funds to increase 3.6% service to veterans who have been incarcerated by 9.0% expanding this program to regional city jails.The WDVA served 128 incarcerated veterans with counseling and housing assistance during 2010,providing support fora ,,����'' East successful transition from jail to life in the community. "'� North Ire Iltorruelle,ssV9e,te,rans IRe,iirute,gratiioru Proje,ct.The uuuSeattle reintegration project provides outreach services to r r m ur South homeless veterans. During 2010,the project served iiiii Other 128 veterans, providing housing assistance to place them in transitional or permanent housing and offering employment assessments to help them find jobs. Ire Veterans Conse,rvatiioru Corps.The Veterans Conservation Veterans and their family members who have been served by Corps coordinates with community colleges and job the funded activities in this first I...evy strategy live throughout training programs to provide job training and placement King County. During 20.1.0,a full 6.1. percent,of those served assistance in green industries. During 2010, Levy funding were from outside Seattle. helped the program serve 120 people. 0f those clients,86 percent secured employment and retained the job for at I1...iiviing Siituuaflon of Strategy I Clients least one year. 100% ---- ---- ---- ---- ---- ---- Ire II..egall assistance for veterans. The Northwest Justice Project provides legal help to veterans,particularly those 80% who are homeless or at risk of homelessness. Legal 1 services include help with child support,driver's license 60% u suspensions, landlord/tenant problems,debt collection, and military discharge and benefits disputes.The program 40% began operations in September 2010 and opened 74 cases between September and December. 0f those,22 were 20% resolved by year's end. o% ACTIVITY :LI: Proviide, Ipllliorlie resources for veterans. The Not Homeless Homeless WDVA was awarded Levy funds to develop a phone system Levy funds have helped us serve veterans who are homeless or to help veterans,active military,and family members learn at, risk of becoming homeless. Nearly one third of those served about available benefits and services.The phone system fielded during 20.1.0 were homeless, making it crucial to fink clients calls from 231 clients during its first four months of operation, with transitional housing, services, and training. resolving 90 percent of questions. Callers receive follow-up to ensure they have connected with services. ACTIVITY :1.4:1raiiruiirug to coriarruuuniity providers on VA services and linkages. During 2010,the KCVP and the King County Mental Health, Chemical Abuse and Dependency Services Division (M HCADSD) began planning to coordinate training to provide assistance to veterans who are involved in the criminal justice system. 6I2010 Veterans antl Human Services Levy Knnual Report permanent supporflve hoi-VsVng® and emp oyirnent Aaliyah: Building Success IKE MANY OTHERS AROUND THE REGION,Aallyah was Aaliyah returned to school to complete the training needed to hit hard by the economy.A 33-year-old commercial/residential achieve her journey level. For the six months of her program, apprentice construction worker with two daughters,Aahyah while wearing coveralls and carrying a tool belt and hard hat, had been laid off in 2008.Without work,Aaliyah had trouble she traveled by bus from West Seattle to Renton,transferring paying her bills and was soon evicted from her apartment. buses three times each Way. In the meantime,Career She and her daughters moved into her pickup truck,driving Connections helped her pay her parking fines,recover her from place to;place each day and accumulating more than driver's license,and repair her truck. $33,000 in unpaid parking tickets. Because Aaliyah had no way to pay the parking tickets,she lost her license and,with it,her After completing her journey level training,Aalyah was able ability to drive to construction sites for work. to find work at a construction job that pays $27 an hour.She's now able to pay her rent on her own and cover all of her Aaliyah and her daughters sought refuge in a homeless shelter family's living expenses. In addition,despite working 40 (tours when she found help thanks to the Levy. Solid .Ground's Rapid a week plus overtime,she's continuing her education through Rehousing Program helped her find an apartment in West an online degree program in construction management.These Seattle and temporarily subsidized her rent,while the Career days,Aahyah-is optimistic: she's employed and learning new Connections Program stepped in to help her regain her skills every day,and her daughters are happy and thriving. economic self-sufficiency.With help from Career Connections, 01 �ibiir'xFw rt/ �i/ !li�i °� 0 �,/!1l/llllf i <Ihii,,�r �l�f// i��l 'FN Fi a .4✓A � � J 1 1���� / � �'/'/rP�� Uo. Strategy 2. �d uuuuuuuuuum indlllmgl Iho mellessiness thIYaDU,agllh a utireach, IIii, Ouutreachi to Ihuiighi utilizers iiro downtown Seattle, uuuum000 Ipireveimiiaaim, 1peirimaineint suppaairiive The REACH Program provides intensive case management to the most frequent users of the sobering uuuuuuuuuuuu ho uslllmay, and ei mpIloyIITment. The L...evy'S center to help them stabilize their lives, reduce their use second strategy Supports the Ten-Year Flan to of this expensive service and start on the path to recovery. During 2010,the REACH Program served 487 homeless End Homelessness by funding the development clients helping 262 improve their housing situation and of new housing, as Well as Supportive Services 148 move to permanent housing. that have been proven to help those who have IIii, UVnfiraa,aa;lhu iiiru Sonflhu IKiiirug U;onirufy(PfW'II'llf). Through the been horneless succeed in their new housing and Levy-funded Program for Assistance in Transition from lower 'their use of expensive substance abuse Homelessness (PATH), Sound Mental Health staff reach out to vulnerable,chronically homeless individuals who and criminal justice programs. L...evy funds have have mental or physical disabilities,connecting them to helped public and philanthropic funding partners the services they need.The PATH Program served 194 work together effectively by streamlining the clients in 2010. housing funding process and developing systerns p IMobile IMediicall Unit. The Mobile Medical van holds to identify and prioritize those who are the most regular clinics in Renton,Tukwila, Federal Way, Kent,and vulnerable CYrre 'the highest users of costly Auburn with ateam of medical,dental,and psychiatric providers,as well as outreach workers who engage with public systerns.The activities funded as part of homeless people attending the meal programs that host the I....evy's Strategy 2 helped us Serve more than the clinics.This includes a new meal program operated by Renton's faith-based community. During 2010,the unit 8,600 people in need during 20.10. More than provided 1,249 total client visits: 519 doctor visits, 168 60 percent of 'those Served were homeless, sorne dental visits,and 562 psychiatric social worker visits. for can extended period of tirne. The rest of 'those More than 25 percent of clients received assistance from the program's medical benefits case manager,and served were at risk of becoming horneless. nearly 40 percent of those clients successfully applied """"""""""""""""""""""""""""""""""""""""""""' for Medicaid,Alcohol and Drug Addiction Treatment and ACTIVITY 2J.: Identify,eirugage,and house those whiio have Support Act (ADATSA),or other medical benefits. experienced Ilorug.-terrn Voorriellessiriess. Levy funds have been used to reach out to the most vulnerable of those who are ACTIVITY 2.2u Increase perriniarieruf housing �Nhi homeless. supportive services.The Levy provides capital funding to help increase the availability of affordable housing.Apartments Iron Hiighi Utilizer Integrated Database. The integrated funded by the Levy must remain affordable for 50 years. Most database is a centralized collection of information on apartments are linked to Levy-funded supportive services to homeless individuals who are frequent users of high-cost help residents secure the medical, mental health,substance emergency services,such as hospital emergency rooms, abuse,job training,and other services they need to become jail,or the Dutch Shisler Sobering Support Center. During stable and self-sufficient. 2010,the database identified 831 potential tenants for seven new housing projects that offered comprehensive Iron Housing capiifall projects. Seven housing projects with supportive services;222 of the most vulnerable people on Levy support opened during 2010,adding 234 new the list were selected to move into the new apartments. apartments. Of these new projects,Valley Cities Landing Project and Renton Lutheran Regional Housing Program created a combined 56 new apartments that have been reserved for veterans. By the end of 2010,the Levy had helped its partner agencies fund a total of 25 affordable housing projects representing more than 1,200 new units, including 177 reserved for veterans. 812010 Veterans antl Human Services Levy Annual Report Uo. Sttrattrtg2 2. �d ACTIVITY 2.3: Support iriislk ireduucttiioru for landlords. ACTIVITY 2.a: Provide housing and support for those iiro Another approach to increase the availability of affordable the IKing County Ornirruiiiruall Justice IIniittiiattiive.Those who have housing is to encourage landlords to rent to low-income been involved in the criminal justice system and experience households. Landlords are often hesitant to rent to people who mental health or substance abuse issues,or both,typically face have been homeless and may have a poor credit record or no very significant challenges to living safely and independently. credit at all. Levy funds have been used to develop a Landlord Risk Reduction Fund (RRF). Iron IGrore,rusiic Assertive Ooirrwrruuuiruiitty'II1reattirriieirutt.The Forensic Assertive Community Treatment Program (FACT) provides Iron Il..arudllord Risk fleduucttiioru VG uurud.The Landlord RRF intensive support over a five-year period for individuals encourages landlords to rent to clients with poor credit who have been homeless and have severe and persistent and rental histories,by ensuring that landlords can mental illness. During 2010,the FACT Program served be reimbursed if there is excessive damage to their 51 individuals. Of 49 clients enrolled in the program for at apartments. By the end of 2010,a total of 105 landlords least six months,the FACT staff helped 88 percent move and property management companies had signed on to into permanent housing. make housing available to these clients. By intervening to solve problems early before they get out of hand,we have Iron V orerusiic Intensive Supportive Housing. The Forensic been able to avoid significant use of this fund. Intensive Supportive Housing Program (FISH) provides permanent,supportive housing and services over a five- ACTIVITY 2.4u Invest iiro supportive services for Ihouusmg. year period for individuals who have been homeless and People who have been chronically homeless often have have mental illness and/or substance abuse issues. During mental or physical disabilities or other challenges that limit 2O1O,the FISH Program served 63 clients and helped 57 their ability to live independently.The Levy has linked a secure housing. range of supportive services with housing,from health and mental health care to assistance with the tasks of daily living, ACTIVITY 2.6:: Provide housing and support for parents a proven approach to help people succeed once they find exiting the criinniiiruall.juusttiice systterru. Parents who have been permanent housing. released from prison or jail have a particularly difficult time. In addition to needing housing and a job, many have also lost Iron Housing Healttlh Ouuttreaclh'II'earru.The Housing Health custody of their children and face a challenge reestablishing a Outreach Team (HHOT) includes medical, mental health, connection.The Levy has helped community providers offer a and chemical dependency providers who help clients range of support to young parents who have been involved in establish a regular health care routine, rather than relying the criminal justice system, helping them find housing, make on costly emergency care. In 2010, HHOT linked 295 positive choices,and reunite with their children. During 2010, clients to primary health care services, provided treatment community agencies worked with 57 families, helping just over to 330 clients with mental health or chemical dependency half the parents make changes substantial enough that they conditions,and helped 638 learn to self-manage a chronic were permitted to reunite with their children. condition. Of those served,97 percent were able to remain stable in their housing for six months or more. I11�, Supportive services for perriniarierutt houusiing.Other supportive services help formerly homeless clients stabilize their lives after they move into permanent housing.These services include life skills,including money management and credit repair;employment counseling and job search assistance;education and training;domestic violence and sexual assault support; mental health and substance abuse counseling; legal assistance;children's services; and interpreter services. During 2010,the coalition of community-based providers funded by the Levy served 505 clients,helping 92 percent remain stable in their housing for at least one year. 2010 Veterans a tl Human Services Levy An n u al Report 9 Uo. Strake 2. �d ACTIVITY 2.7: Prolrriote, housing stability. People who II...ocatiion of People Served Iby Strategy 2 are living paycheck to paycheck are at immediate risk l.li of homelessness if they lose a job or face an unexpected emergency. But if they become homeless, it can be difficult and 1o.4i expensive to help them become stable in new housing. f East I� Housing Stability Prograirril. The Levy's Housing Stability I'll,North Program (HSP) works to prevent homelessness by Q providing emergency financial assistance for families ���Beanie facing short-term crises.The HSP is operated by a I'll South network of 14 community-based providers who screen m°• Other applicants, provide emergency aid,and refer those with longer-term challenges to the resources and support they need. During 2010,the HSP provided emergency aid to 1,655 households;93 percent of those helped were still living in their housing a full year Iater.The HSP provides People served by the programs in this st.ratey five throughout an expedited process for veterans. Icing County., More than three-quarters of those served five in Seattle and South Kling County. Activity 2.8: II..iiirilk eduucatiioiril and eirrigplloyirrilerilt to suulplpoirtiive, housing. People who have been homeless often Age of People Served Iby Strategy 2 have significant challenges that prevent them from finding and keeping a job.They may be fleeing domestic violence, coping with physical or mental disabilities,or struggling with 16% addiction. Many have limited education and little experience in the job market.Two activities help prevent homelessness by Children <18 expanding employment opportunities. Young Younq Adults (18-24) I� Coiridlirriluunilty support. A group of nine community I'll Adults organizations provided employment support during 2010 (25-54) using employment-focused case management services. II Older Adults They served 953 people during 2010,61 percent of whom I were able to retain a job and increase their income. .n� Iron Career Connections. The Career Connections Program provides employment and training to individuals and these programs served those who were homeless or at, risk of families who have received housing assistance through homelessness, a group that included many children (snore than the Rapid Rehousing Program. During 2010,the Career 15 percent,of the total) and young adults (nearly .1.0 percent,of Connections Program assisted 122 people,67 percent of the total). whom were able to retain a job and increase their income. :10 120 10 Veterans and Human Services I..evy Annual Report 10, 2010 AnnuM Report Strategy 3 lncreasung access -to behaviora� heaRh servo es Nathan:Treatment for depression and substance abuse NATHAN WAS PROUD OF HIS MILITARY SERVICE. He abuse and depression,and was encouraged to begin treatment. had enlisted right after high school,and he credited the Army Since then, Nathan's Levy-funded care coordinator has taken with giving him discipline and direction. But his service during the lead in helping him succeed.The care coordinator monitors the Vietnam War had also left some less positive marks his well-being closely,coordinates schedules and treatments He had struggled with depression for many years,and had with his primary care physician,calls Nathan to remind him become addicted to drugs and alcohol while attempting to to attend AA meetings,and steps in with suggestions and "self-medicate"his low feelings. interventions when Nathan needs more support.Thanks to the help he's received, Nathan has now been clean and sober for At age 57, however, Nathan sought help from the Seattle six months and is actively employed in a part-time job. Indian Health Board. Nathan screened positive for substance 0 ZVI, / d 61, /X Uo. Strategy 3 �d incireasungl access to belhaviioiYall heallth ACTIVITY 3„4:: Provide iiru•dholrrie services to treat y` third strategy funds to Enhance Active Rewarding Lives for SeniorsThe Program NIIIIII delpre,ssiioru iiru elderly veterans and others. ��Ir�llas��„ The I....cv, s thI (PEARLS) „u mental health and chr rnical dependency helps vulnerable older adults stay in their homes by treating treatment, with a special focus on the needs underlying minor depression with in-home treatments of veterans with P TSIID. L...evy funds have including problem solving, psychiatric oversight,supervision, and medication management. During 2010,96 percent been Invested in a client-centered model that of PEARL's88clients reported reduced depression.The integrates behavioral healthcare with primary University of Washington has designated PEARLS a"best practice program"that may become a model for serving older healthcare.This approach treats the whole veterans and communities of color. person and ensures better outcornes. ......................................................................................... ACTIVITY KU:IIntegrate irrierutall Ihiealltlhi and clheriniiicall Il...ocatiion of People Served Iby Strategy 3 delperuderocy tre,atirrierut mito 1priiirruary care clinics. Iron IMerutall IHealltlh IIntegratiiolru Progralrru. Twenty-six community health clinics have incorporated mental health treatment services into primary care.This approach helps East identify problems early and provides treatment in a cost- �i in North effective way. During 2010,5,241 uninsured patients who J�lr aSeattle might otherwise have gone without care were screened ur South for mental health and substance abuse concerns. 0f those in Other screened,61 percent received psychiatric consultation,and almost half showed clinical improvement. Iron V eteraro ouutreaclh services. Some programs provide targeted services to help veterans receive discharge forms, the majority of those served Hived in Seattle or South enroll in VA health care,start disability claims,and access icing County. needed care,including specialty war trauma treatment. During 2010,these programs served 928 veterans and Ante, of People Served Iby Strategy 3 families. ACTIVITY 3.2u Provide training prograirr s iir traurra sensitive services and IRTSIID treatirrierut. Levy funds provide trauma-sensitive training for agencies such as jails,courts, mu Young Adults schools,social services, health clinics,and housing programs to (18-24) increase their understanding of PTSD and help them support �,�( urAdults their clients. In 2010,the Levy funded 38 training events for (25-54) general community audiences. ua0lder Adults (55+) ACTIVITY 3. :: Traiilru beJhaviiorall Ihealltlh providers mi IRTSIID. The WDVA provided PTSD training to 1,450 treatment and support providers,including educators, law enforcement, service members,first responders,and mental health and chemical dependency providers. During 2010,the Levy funded Strategy 3 activities primarily served adults, with older adults 53 training events, including a two-day Military Trauma served by the PEARLS program. Conference that trained professionals in PTSD treatment best practices. 1212010 Veterans antl Human Services Levy Annual Report Wan-Zhu and the twins: Playing to Learn WHEN THEIR TWINS WERE BORN SIXYEARS AGO; Play and Learn groups,which are held at libraries and Wan-Zhu and her husband were delighted. But when their community;centers around King County, help parents learn second set of twins arrived three years later,they started to to take a more active role in their child's learning through feel a little overwhelmed. structured play activities. Parents and caregivers gain an increased understanding of how children learn through play, Wan-Zhu had:moved to Seattle from China in 2000. She and and learn how to help their children prepare for school:The her husband were working hard to give their two sets of twins program helps caregivers improve their interactions with their a great start on life. But between the challenges of raising children and decreases isolation,especially for those for whom four young children and her own continuing efforts to learn language is a barrier. English,Wan-Zhu felt she needed more help. For Wan-Zhu,the Play and Learn time has helped her improve That's why she was delighted to learn about the Levy-funded her English by talking with other parents,and gives her ideas Play and Learn group offered weekly at the Beacon H ill ' for activities she can use to help Anna and Rose learn about Library and staffed by the Chinese Information and Service colors,shapes,and numbers,write letters,draw,and interact Center.At Play and Learn, her three-year-old twins,Anna' with other children.Wan-Zhu has learned a jot alreadyfrom and Rose, play happily with the other children and participate Play and Learn,and site has a lot of ideas about how to help eagerly in the games and story time, her two seta of twins learn and grow. f �9/rj(lii, r i F ; ri //rt4r/M/ifi Uo. Skrakegy 4 ad S '�IYVmlm l'�I�Vmlmlllm l al ll llVms IYllsk„ ThE p> I4IGrPII:irrilployirrieritI.Jrilkages.The employment linkages L...evy's Strategy 4 activities provide program provides education,employment,and training services for NFP clients,with the goals of helping early intervention and prevention to young parents to become self-sufficient and decreasing help young families weather difficult situations their dependence on public support,such as Temporary and improve 'their long-terrn outcornes. These Assistance to Needy Families. Services include information and referral;career exploration and counseling;job services provided early in life can dramatically readiness training,including resume development and improve parent-child interactions, improve child interviewing practice;job search and placement help; assistance completing a GED or enrolling in post- develop0nent, increase school readiness, and secondary education or advanced training,including reduce the likelihood of child abuse and neglect financial aid;and practical assistance, including bus fare or involvement in the criminal justice systern. or emergency financial support. During 2010,153 parents participated in the program,and 75 percent were able to L...evy-funded activities focus on young first-'hrne improve their employment status. mothers, single parents exiting the criminal Justlr,F sstF 0n i ACTIVITY 4.2:' Pilot mew serviices for irruatterriM delpire,ssiion. y ., , and recent immigrants who face New mothers frequently suffer from depression,which can linguistic and cultural barriers to community life. affect their parenting and slow their children's development. The Maternal and Child Behavioral Health Program helps """"""""""""""""""""""""""""""""""""""""""""' at-risk mothers by screening for and treating depression at ten ACTIVITY 4..1::Support iriiew irruoflh ers flhrouuglh the INurse primary care health clinics to improve family outcomes. During IGrarruiilly Partnership. Young, low-income mothers face many 2010,community clinic staff screened 3,219 low-income challenges. Besides learning to parent,they may be struggling women and their children for depression and 851 received with housing,job,or educational issues.The Nurse Family treatment. Of those who received treatment,65 percent Partnership (NFP),a program proven to be highly effective, reported improvements in their mental health status. provides coordinated support to help these families succeed. fWO'I'fVff'I'V°4.3: IGruulrud a;arlly childhood iilrufaa,irvaa,irufiioiru and Iro INurse IGrarruiilly Partnership. The NFP is an intensive home Ipreverufiiolru serviices.This activity includes a number of visiting program for young,at-risk mothers and their programs that strive to promote healthy early development and infants. It is operated by Public Health-Seattle and King improve language and culturally-based access to services for County (PHSKC) and provides regular home visits from at-risk families.The programs are designed for young parents, pregnancy through toddlerhood. During these visits, new recent immigrants,and family caregivers. mothers receive help with parenting basics,as well as support with life skills,such as arranging to complete high I" Healthy Start.The Healthy Start Program is an intensive school or find a job. During 2010,the NFP served 133 home visiting program for young families that focuses young mothers,helping 89 percent of them deliver healthy on communities of color and immigrant and refugee babies.Through its services to first-time mothers,the NFP communities.To solidify the connections between families provides potential long-term benefits of up to $2.4 million and the program,half of the staff are bilingual and in reduced child welfare and criminal justice involvement bicultural,and often include the young parents'extended costs. families in their visits. During the regular home visits, program staff monitor baby's development,with six-month developmental assessments; parenting strategies and tools parents can use with fussy babies or when family stress is high; referrals to community resources to help young parents continue their education or find a job or needed services;and group activities,including recreational outings for young families. Levy funding helped Healthy Start serve 315 families in 2010.A total of 91 percent of them delayed the birth of a second child,thus providing better outcomes for both parent and child. 14 12.010 Veterans a tl Human Services Levy Annual Report Uo. SkrakegV 4 ad Il#� Ifrairruiilly,If riie,rud,and Neighbor Care,.The Family, Friend, ACTIVITY 4.5: Invest iiro eduucattiioru and eirrulplloyrruerutt for and Neighbor (FFN) Care Program's Play and Learn siinglle, parents exiting the crnurruiiiruall justice systte,rru.This groups support grandparents and other caregivers by activity is the third part of a comprehensive strategy that is teaching caregivers about early childhood and providing designed to help young parents who are at high risk:those who opportunities for fun,culturally appropriate interactions have been incarcerated and are now hoping to reunite with between caregiver and child. Research has shown that their children. More than 80 percent of these young parents healthy bonding and attachment between child and have experienced trauma in their own lives,and are often part caregiver reduces the risk of child abuse and neglect. of a cycle of poverty,addiction,and abuse that has spanned Approximately 60 percent of participants who attend generations. By helping them address these issues,stabilize their lives,and learn to care for their children,the Levy can Play and Learn groups come from communities of color help break this cycle and promise a brighter future for both and immigrant and refugee communities.A total of 6,740 parents and children. families participated in Play and Learn groups during 2010,and 83 percent improved their caregiving skills. p> Career Connections for ex•offe,rude,ir parents. Because economic self-sufficiency is vital if these parents are to Iron Cuullttuurall Naviigattor.The Cultural Navigator Project avoid re-offending,clients are referred to the Career improves access to services for immigrants and refugees Connections Program.There,they receive assistance who are new to this country and are experiencing language searching for jobs or pursuing educational goals. Because and cultural isolation. Cultural Navigator services are these clients have just left incarceration,they face offered at the Crossroads Mini City Hall,Together Center significant employment challenges,and so may choose (Family Resource Center) in Redmond,and a location to pursue education rather than entering the job market near the Great Wall Mall in Kent. Services are provided immediately. During the course of 2010,Activities 4.4 by bilingual/bicultural staff in Chinese (Mandarin and and 4.5 served 56 parents,and helped 57 percent of them Cantonese),Spanish,Vietnamese, Russian and Punjabi. reunite with their children.A total of 80 percent who During 2010, 1,078 households used the program,with 92 obtained jobs retained them through the end of 2010. percent reporting improved access to services. Iron Prorroottiing fIrstt II&elllattiioiruslhuiilps'II'raiiiru tthe'II'raiineir Project. The University of Washington's Promoting First Relationships (PFR)Train the Trainer Project provides training to staff who work with caregivers and young children at risk,with a goal of creating high quality environments in which caregivers can learn good parenting skills and children can thrive.To date,the project has provided training to staff from four community-based agencies that serve high-risk children.A total of 15 trainers have been trained. ACTIVITY 4.4: Proviide, early iirutte,rve,ruttiioru for parents exiting the criinaiiruall.juusttiice systte,ria and living iiro ttransiittiioruall housing. Activities 4.4 and 4.5 work with Activity 2.6 to support young,ex-offender parents who have left the criminal justice system and hope to reunite with their children.Activity 4.4 provides a range of interventions and supportive services to help ex-offenders prepare to build stronger parenting skills and learn to become self-sufficient. 2010 Veterans a tl Human Services LevyAnnual Report :15 ACTIVITY 4.6: Proviide, tre,atlrrielrit for parents involved Il...ocatiiori of People Served Ihy Strategy 4 witlh the IKing County IGrairruiilly'IIlre,atirriieirut Court for child 3.1% de,lpelride,lricy cases..The Family Treatment Court (FTC) is an alternative to regular dependency court. It works to improve the safety and well-being of children by providing their parents with access to drug and alcohol treatment and the �� 25.6% East other supportive services they need to care for their children in North successfully.The FTC outlines a number of requirements uu Seattle for ex-offender parents who wish to be reunited with their a NV11°°ffIIhf�����01�� f u South children: among other things,they must be clean and sober for I um Other six consecutive months,care for their children for six months, complete a chemical dependency treatment program,find housing,and establish a support system and life plan. Families remain in the program for 18 months to two years. Over the course of the year,a total of 67 families were served.An People served by Strategy 4 Hived throughout,the County. ongoing evaluation by the Division of Public Behavioral Health Most of those served lived in South King County. and Justice Policy in the University of Washington Department of Psychiatry and Behavioral Sciences found that 86 percent of key stakeholders reported that FTC is better than regular Ilii:riglliish.-slpealdrig Ability of Those Served Ihy Strategy 4 dependency court at accomplishing such goals for families. �. Limited English um Speaks English The ad..iv'it.ies 'in Strategy 4 reach out,to families who face cultural or linguistic barriers. More than half of those served had limited E..ngl'ish speaking ability. 1612010 Veterans antl Human Services Levy Annual Report Increasing than effectiveness of Iresou irce management and ev Wation ............................................................................................................................................................................................ IIIIIIIIIIIIII IIIIIIIIIIIIII " " .. .. Ihe sII¢�ImII�IIAsaIm� IITmrIYIIty of Il,,,evy funds ACTIVITY S.Rf, I;oirrupllaafaa pllalruruiiirug,training,and sa;lrviia;a; a ire ova. diiorateoff to the diilra.ct seirviiores desiigiru. Funds in this activity have been reserved for Levy renewal planning and design in 2011. and Ilnaau�siilm¢p nUeveIlaalplrrroelmt aa:tii�iitiies Iin Stirate¢piies .1. through 4.. However, a small ACTIVITY 5.5,: Ifraciilliittattethe Horrielless Imairuagerrierutt Inforriniattiioru Systterru. Safe Harbors is a Homeless arnount of funding was set aside for Initiatives Management Information System (HMIS) that enables that improve regional systerns coordination community-based providers to tabulate information on the and for evaluation of the effectiveness of L...evy clients who depend on homelessness services. Safe Harbors helps us understand who is homeless,what services they need, programs. Improved coordination and evaluation and what we can do to help. Providing client data to Safe measures ensure that we Invest I....evy funds Harbors is also required as a provision of receiving state and federal housing and homeless services funding. Levy funds wisely and effectively and promnote systems-wide were used to cover the one-time,short-term,agency-related improvements on behalf of our clients. costs to migrate data to Safe HarborsII,an enhanced HMIS ......................................................................................... that was released in 2009. More than 170 community-based providers transferred their record-keeping systems to Safe ACTIVITY 5J.0 Support Il..evy evaluation. Details on Harbors II and are now successfully using the system. evaluation activities are provided in the 2010 Evaluation Report that begins on page 19.The performance management ACTIVITY 5.6::Irriprove iiruforriniafiioru systerrus.With the charts on pages 20 through 23 summarize the progress help of Levy funds,the KCVP changed its program design to made on each Levy-funded activity and provide the outcome incorporate comprehensive assessment,case management, measures, results,and success of each activity.The evaluation and enhanced linkages to other social services.The changes efforts are important not only in determining the success of in the business model and performance reporting required Levy-funded efforts,but also to help inform the public about substantial changes to the KCVP's existing information the use of their tax dollars. system. Levy evaluation staff worked with KCVP staff and database programmers to revise the Veteran Information Base ACTIVITY 5.2u II'r::rugage iiro cross•systeria plariniing for Electronic (VIBE) System so that it supported the KCVP's youutti.Planning for preventing youth homelessness,including new Levy-funded case management service model. youth aging out of foster care,is being coordinated through organizations that address homelessness,with the involvement ACTIVITY 5.7u honsuullfafiioru and training related to of youth-serving agencies. protocols and policies for release of iiruforriniafiioru and shading of lathes, iiruforriniafiion.Through this activity, Levy ACTIVITY 5.3u Prepare a profllle of offeruders.A report staff members have coordinated efforts among numerous on individuals with mental illness,chemical dependency,and systems in King County to allow for timely and appropriate who are homeless and/or involved in the criminal justice and sharing of client information in compliance with statutory emergency medical systems was completed in 2007.The confidentiality requirements. County staff members were able report was used to plan services for individuals involved in to complete this project using in-house expertise. the criminal justice system who experience mental illness, substance abuse issues or both. See Activity 2.5. 2010 Veterans antl Human Services I..evy An n u a Report 117 Uu. St u'a It a qV �d Activity 5.8: Develop corinnrrooru data set for assessirrierut of those, seeking services. The goal of this activity is to improve Allllocatiioim of II...evy Pirogirainru If'uuimdsu2Qd:p.Qd coordination among systems serving the same clients. Ire Partnership for Ilfa;allttlh Drriproverrierut tlhrouuglh Shared IIlrliforriniatiion. The Partnership for Health Improvement through Shared Information (PHISI) is a consortium 24% Strategy 1 of health care professionals and public and private uu Strategy 2 organizations who are working toim implement �����1 il' p �Q un Strategy Information Exchange (HIE)that will facilitate i�i Iglu 4 Strategy 4 coordination of care among providers who serve Levy ir uu Strategy 5 clients,including high cost, high utilizers of publicly funded health services.The PHISI aims to improve individual and population health, improve quality of care,and make more efficient use of health system resources within King County's safety-net population, including veterans.A PHISI Overall, a total of$:15.4 million was allocated to Levy programs business plan was developed during 2010. during 20.1.0. Ire Vulnerability Asse,ssirrierlit'II'ooll. The Vulnerability Assessment Tool coordinates with the High Utilizer 11 ocatiiolm of Those Served Iky the 11 evy,2010 Integrated Data Project (developed as part of Levy 4.6% Activity 2.1)to identify highly vulnerable individuals who have been living on the streets and help prioritize them for 13.0% available housing. Staff at community-based organizations 4.5% that work with homeless individuals were trained during „�r � Ilr East 2010 to use the Vulnerability Assessment Tool to assess mm North clients'risk levels and plan strategies to meet their needs. � uuu Seattle ACTIVITY 5.9: Ifraciilliitatiioru of ongoing partnerships. III South Effective collaboration is essential to promote service Illli Other integration,coordinate resources,and avoid the splintering of efforts across service systems. Each year, Levy staff and members from the two Levy oversight boards meet with stakeholders to share Levy progress and to hear from them about how Levy initiatives could best meet their needs. During People served by the Levy during 20:1.0 lived throughout. 2010,staff and the Levy oversight boards met with more than King County. 20 different stakeholders including city councils,commissions, and community and veterans'organizations. :18 120 10 Veterans antl Human Services I..evy Annual Report .. IIII II I .jiiiiirm IIII�Rqiii roan Ilate 11allll 2009 flhiranuu¢plh Suunnirrmer The Mid-point Evaluation and Performance Report is 2010, II,,,evy staff evalluuated each II,,,evy- available on the Levy website at www.l<ingcounty.gov/ DCHS/Levy. Performance summaries for each Levy- funded su.=.irviinie actiiviity and allll irellatu. d funded activity can be found on the following four pages suulllies„ Performance data gathered of this report. through an electronic reporting system, including The two Levy oversight boards reviewed each of the that available through the improved Veterans individual activity outcome and performance summaries Information Base Electronic System, was that were developed as part of the Mid-point Evaluation and Performance Report. Board members visited Levy analyzed. Program managers were consulted program sites, heard presentations on a number of to clarify data questions, and explain any projects, and convened joint meetings at a variety of modifications made as their activities were locations so they could hear from members of the public. implemented. Recommendations for future Over the course of the Levy, performance management modifications to programs were also documented. has been important to help staff and oversight board The resulting Mid point (::;valuation and members track the achievements of each Levy activity. Detailed evaluations have led to program refinement and Performance Report combined the results of improvements. performance evaluations from all I....evy activities implemented through December 3.1, 2009. ......................................................................................... The Mid-point Evaluation and Performance Report focused on three levels of analysis: 0111 Overview and overall goalls of IIlia Ill..a^way. An overview of Levy implementation to date and some important indicators of progress toward meeting the Levy's three overall goals were created. VuIII Ilia � m� y a„IC,u�aslla��rpiiaws. Summaries of ma Iusm suwaauasu���:muum activities within each of the five overarching strategies, including performance and outcomes to date, and any lessons learned by implementing the activities were provided. luu AcIliivillly sllseclfic aavasllii.uall:iions and Ilsaairforniasnce sii.uni mmasiriiaas.A total of 40 Levy-funded activities were evaluated. 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Nroq .- ry % v, ut w., N ro a rom n m m v o m - ¢ m a ce I2010 Veterans antl Human Services Levy Knnual Report Ulllu Veterans Citizen I1...evy Oversight IBoairuj Ulllu IDelpairfmmeirntt of Community and II•Iltunmairn Services Douglas Hoople, Chair 401 Fifth Avenue, Suite 500 Gary Kingsbury,Vice Chair Seattle,WA 98104 Ronald Forest Phone: 2O6-263-9100 Stanley Gunno Fax: 206-296-5260 Oren J. Hadaller Francisco Ivarra Jackie MacLean, Director Kathleen Lewis Cynthia Lefever Linda Peterson,Division Director,Community Services Division Robert Stephens,Jr. Pat Lemus,Assistant Division Director Roger Welles Debora Gay,Veterans and Community Services Manager William Wood Joel Estey, Regional Veterans Services Liaison Fred Steele,Veterans Program Administrator Ulllu ReOiionall II•Ilunnman Services Il...evy Oversight IBoard Marcy Kubbs, Levy Coordinator Kathleen A. Brasch,Co-Chair Jon Hoskins, Performance Measurement and Evaluation Loran Lichty, Co-Chair Manager Kevin Bernadt Laird Heia,Assistant Levy Coordinator Dorry Elias-Garcia Kathleen Hadaller Ullm 20:10Annuuall Report Edith Loyer Nelson Writing: Mary Bourguignon, Steeple-jack Consulting Design: Lynn Hernandez Photography: ©TimRipley.net For more information please visit the Levy website at: www.l<ingcounty.gov/DC H S/Levy 2010 Veterans antl Human Services I..evy An n u a Report 127 • • I• a I •: a • u a I o w u I II a v I I u ' w u 'I u I U I U Y I B B I A9fHcan Aomepican EUdeas Project Low Income Housing Institute Area Agency on Aging -Cityof Seat Ue AuDmg M uUffi.SeiMce Center and Wsabilliffy Services IMavms CoathoUic C om muuniffy Services Neiighb orCare Headfflh CafflhaoUc Housing Services Neighborhood House Center for Healthcare Improvement for Northshore Youth & Fsalrnfly Services AdeUicffiaorns, Menffall Wriesses and IMeadicalldy Northwest Justice Project VndneraVuhe Popndations Odessa Brown Ch U¢Nren's Center Center for Human Services Pioneer Human SerAccs Chill Care Resources Plymouth Housing Group Chinese Information and Service Center Projects for Ass4tance in Transiffuaon from H orn0esslniess City of SeatsUe Public Health - Seatffde& IKmg County Co mumuuniffy Health Man Renton Area Youth & Faumidy Services Ccrnrnuuniffy,House MentaU Health Agency Uvaticn Army— SeatUkUe Ccrnrnuuniffy ilasycMatHc CUinuc SeaMar Community Health Centaurs Compass Uffuuausmg Alfiiance SaaffffUe IIned"an Uffeadfflh Board Country (Doctor CuDrnrnaun ty HeaUslh Centers i Seaffffde Jobs'IIniffdative Criis4 CU Mc Seniaar Services Downtown Emergency Service Center SoHd Ground iEastside Interfaith SWcW Concerns CouuncH Sound IMentM IlteaUth M Centro de Va UDaza St.Andrews Housing Group Evergreen Treatment Services Therapeutic Headfflh SeiMces Forst Mace " TRAC Assncgates Foundation For the C hvaUUengead Un ted Way of Mm; County Friends of Youth U iAversity of Washington Harborview INUedicaU Center Valley Ciffues'Couunselliirnag and Consultation HeaUth Care for the IItornelless Network Vasihon Uffou seHolld HeadthPoirnt VdaslhonYoutlh & FarnidyServices VffuaglhUine West SeatffUe MentaU Health WVgaslhffigton State (Department of Veterans Affairs H ohsedink WVeUUshsring Farnfly Services Housing Resources Group yoauthCare IInternationall Commuumty Headtih Services Youth East0de Services IInternationM Drop-dn Center YWCA of SegattUe J VKffig I SnohoWsh King County IDeihavWW Health Safety NetConsortiuum Alternate formats COME= available. Cal 1206.263.9105 or TTY Relay 711 0 CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events 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 K. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of June 21, 2011. 7B. Approval of Bills. Approval of payment of the bills received through June 15 and paid on June 15 after auditing by the Operations Committee on June 21, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 6/15/11 Wire Transfers 4645-4661 $1,593,795.48 6/15/11 Regular Checks 654005-654479 1,633,290.22 Void Checks 654427 & 654128 (139.00) 6/15/11 Use Tax Payable 2,310.88 $3,229,257.58 Approval of checks issued for payroll for June 1 through June 15 and paid on June 20, 2011: Date Check Numbers Amount 6/20/11 Checks 323507-323724 $ 155,673.73 Voids & Reissues 323725 & 323726 388.99 6/20/11 Advices 284362-285017 1,261,093.04 $1,417,155.76 y RCN i Kent City Council Meeting June 21, 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, Perry, Ranniger, Raplee, and Thomas. Councilmember Higgins was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Councilmember Thomas added Consent Calendar Item J and Other Business Item A. B. From the Public. (CFN-198) Public Comment Item A was added at the request of audience members. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Parks & Community Services Director Watling announced that King County Executive Dow Constantine has given the 11th annual John D. Spellman Award for Achievement in Preservation Planning to the City of Kent. He said some of the work the City has done includes the Saar Pioneer Cemetery, Earthworks Park, and the Mill Creek Neighborhood. B. Community Events. (CFN-198) Ranniger announced upcoming community events, and Raplee announced events taking place at ShoWare. C. Public Safety Report. (CFN-122) Police Chief Thomas updated crime statistics and presented awards as follows: • The Chief's Citizen Commendation Award was presented to Joshua Smith and Austin Howitz, who assisted in the capture of a suspect in an armed robbery. Roman Bulala also assisted, but was unable to attend this meeting to receive his award. • The Chief's Exceptional Duty Award was presented to Kent Regional Fire Authority Battalion Chief Tom Shepard for his assistance in detaining a robbery suspect. PUBLIC COMMENT A. Neiahborhood Councils. Vivian Bruns, 24815 42nd Avenue South, voiced concern about the manner in which funds are dispensed to neighborhood councils, noting that such funds were recently used to restore a boat. She also mentioned a potential conflict of interest regarding use of that boat for political purposes. Harmon opined that the use of such funds could be considered close to a gift of public funds and suggested that citizens who have paid into the fund be able to reserve the boat. It was clarified that Councilmembers are not involved in awarding Neighborhood Council funds, and Hodgson said he will follow up on these concerns. Gwen Allen said she appreciates the neighborhood council program, is starting one in her neighborhood, and encouraged those who are considering forming a council to get an understanding of the process before applying. 1 Kent City Council Minutes June 21, 2011 CONSENT CALENDAR Thomas moved to approve Consent Calendar Items A through J. Raplee seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of June 7, 2011, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 7, 2011, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 5/31/11 Wire Transfers 4625-4644 $1,349,816.32 5/31/11 Regular Checks 653657-654004 2,667,018.60 5/31/11 Use Tax Payable 2,653.99 $4,019,488.91 Checks issued for payroll for May 1 through May 15 and paid on May 20, 2011, were approved: Date Check Numbers Amount 5/20/11 Checks 323002-323251 $ 148,685.73 5/20/11 Advices 283081-283721 1,237,672.24 $1,386,357.97 Checks issued for payroll for May 16 through May 31 and paid on June 3, 2011, were approved: Date Check Numbers Amount 6/3/2011 Checks 323253-323506 $ 166,809.84 Voids & Reissues 323252 (21.46) 6/3/2011 Advices 283722-284361 1,230,921.10 $1,397,709.48 C. ORCA Agreement 2011-2012. (CFN-171) The Mayor was authorized to sign the One Regional Card for All (ORCA) Agreement for 2011-2012, between the City and King County, Sound Transit, Community Transit, Kitsap Transit, WSF, Everett Transit, and Pierce Transit in order to provide a comprehensive transportation pass available to 350 regular, benefited employees. The total cost of this agreement is $64,249.50. D. Washington State Parks & Recreation Boating Safety Program Award. (CFN-122) The grant from the Washington State Parks and Recreation Commission in the amount of $21,866 was accepted and amendment of the budget was authorized. E. First Amendment to Rainier Pacific Management Lease Agreement. (CFN-122) The Mayor was authorized to sign the First Amendment to the Lease Agreement with Rainier Pacific Management, LLC for a Kent Police Department Substation. 2 Kent City Council Minutes June 21, 2011 F. Washinaton Traffic Safety Commission Grant. (CFN-122) Additional grant funds in the amount of $1,000 from the Washington Traffic Safety Commission was accepted and amendment of the budget was authorized. G. Easement from Boeing Company for 72"d Avenue South Extension. (CFN-1038) The Mayor was authorized to accept an Easement for 72nd Avenue S. from the Boeing Company, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Aareement with Puaet Sound Enerav for S. 228th Street Improvements. (CFN-1269) The Mayor was authorized to sign an Agreement between the City of Kent and Puget Sound Energy to relocate private utility services in conflict with the South 228th Street Improvements project in an amount not to exceed $55,450.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. Mountain View Vista (f/k/a Mount View) Final Plat. (CFN-1272) The final plat mylar for Mountain View Vista, formerly known as Mount View, was approved and the Mayor was authorized to sign the mylar. J. Excused Absence. (CFN-198) An excused absence from the June 21, 2011, meeting for Councilmember Higgins was approved. OTHER BUSINESS ADDED AT THE COUNCIL MEETING A. Budget. (CFN-186) Councilmember Thomas moved to reduce the City of Kent's property tax assessment from $1.48/$1000 to $1.10/$1000 for a total reduction of $.38, to be used for the 2012 budgeting process, and that this proposal be sent directly to the regularly scheduled City Council meeting on July 5. Harmon seconded. Thomas then read from a prepared statement noting that several Councilmembers felt strongly that the citizens of Kent were being overburdened on their property taxes, and that some on the Council, as well as some local leaders, say the money should be given back to the taxpayers. He said returning the money is not possible because it went into the City's General Fund and has been spent. He said it is necessary to adopt this proposal in order for the Regional Fire Authority to succeed. Albertson spoke against the motion saying it is unfair to put forth a budget item when the full Council is not in attendance and Council President Perry, acting as Mayor Pro Tem, cannot participate fully. She added that it is unconscionable to ask for support without providing a list of the budget cuts. It was clarified that this issue has not gone through a Council committee. Harmon noted that he had addressed Council on this issue last September, and said the citizens of Kent need tax relief, and that the City must live within its means. He suggested that if the motion passes, the Council look at what the obligations of city government are, which are to provide public safety and infrastructure. He moved to amend the motion to send the issue to the Operations Committee. Thomas seconded. Ranniger expressed surprise that Thomas brought this up without sharing his intent with anyone on the Council, except perhaps Councilmember Harmon. She said it is 3 Kent City Council Minutes June 21, 2011 inappropriate, and that this is not the time to discuss a potential $5,000,000 budget cut, which she pointed out would affect public safety, as well as parks and public works. Albertson spoke in opposition to the amendment and stated that the 38 cents has kept City Hall alive, parks open, fresh water to homes, police on the streets, and services alive. She pointed out that people voted on the RFA, that funds were not taken from them. Raplee also spoke against the motion, agreeing that it is too soon to take a cut of this size without information on the cost of running the city in 2012. Thomas responded that it is not too early to begin work on the budget, and that the issue is not that people voted on the RFA, but that too much money was collected. The motion to amend then failed by a vote of 4-2 with Harmon and Thomas in favor, and Albertson, Perry, Ranniger, and Raplee opposed. The main motion also failed by a vote of 4-2 with Harmon and Thomas in favor, and Albertson, Perry, Ranniger and Raplee opposed. BIDS A. Horseshoe Bend Levee, Buildina Demolition. (CFN-1318) Public Works Director LaPorte explained that the bid opening for this project was held on Tuesday, May 31, 2011, with 11 bids received, and that the low bid was submitted by Skycorp Limited in the amount of $62,598.96. He noted that the Engineer's estimate was $102,930.00, and recommended award to Skycorp. LaPorte added that the project is funded by a grant from the Department of Ecology. Raplee moved to award the Horseshoe Bend Levee Building Demolition project contact to Skycorp Limited in the amount of $62,598.96 and to authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Harmon seconded and the motion carried. B. Upper Johnson Creek Restoration. (CFN-1297) Public Works Director LaPorte explained the project and noted that it is privately funded by a donor. He noted that six bids were received and recommended award to the low bidder. Raplee moved to award the Upper Johnson Creek Restoration project contract to Jansen Inc., in the amount of $317,314.58 and to authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) No report was given. C. Administration. (CFN-198) CAO Hodgson announced that there will be no Executive Session, and encouraged Councilmembers to attend the Kent Downtown Partnership's Downtown and Branding workshop on June 27. D. Economic & Community Development Committee. (CFN-198) Perry announced that the June meeting has been cancelled. E. Operations Committee. (CFN-198) No report was given. 4 Kent City Council Minutes June 21, 2011 F. Parks and Human Services Committee. (CFN-198) No report was given. G. Public Safety Committee. (CFN-198) Harmon noted that information on fireworks will be made available to the public. H. Public Works Committee. (CFN-198) No report was given. I. Regional Fire Authority. (CFN-198) Raplee noted that work on the budget has begun. Thomas reiterated that the SeaTac exploratory committee has been suspended indefinitely, and that the Tukwila exploratory committee will not be meeting in June and July. J. Other. (CFN-198) Thomas reported on his attendance at today's South County Area Transportation Board meeting, and said he spoke at the Greater Kent Historical Museum on Memorial Day. Albertson reported that at a recent Flood District Advisory Council meeting, Mayor Cooke requested funds to remove the large sandbags in Kent, and noted that the Human Services Commission will not meet the rest of the summer. She then requested that someone from King County speak to the Council about the Human Services and Veterans levy. ADJOURNMENT The meeting adjourned at 8:07 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 5 Kent City Council Meeting June 21, 2011 Prepared Statement Read by Councilmember Les Thomas Added Other Business Item A, Budget This proposal to lower the City's portion of the property tax collected by 38 cents per thousand of assessed valuation has been on the minds of several Council members. We felt strongly that the citizens of our city were being overburdened on their property taxes, even though the City lowered their portion of the property tax already by 88 cents per thousand. Much of that was due in part by the creation last July lst of the Regional Fire Authority, also known as the RFA. The RFA is primarily the Kent Fire Department along with Fire District 37, which was basically the City of Covington and some areas of unincorporated King County. At that time the RFA became an entirely new government entity with new taxing power of its own. This first year of the RFA's existence left the City in an unusual position. It collected more than was projected by about $4.9 million, which found its way into the general fund, and don't let anybody mislead you, the City of Kent had some serious needs at that time and still does today. There are some on the Council who thought we should give the money back to the taxpayers, but there were not enough votes to do that, and even recently there have been a handful of local leaders who say we should give the money back. That idea is neither practical or possible. It's not practical because it would be too costly to try and send out refunds to over 39 parcels of property. It's not possible because the money went into the general fund and was spent. It's gone. And I might add, it went for some very important needs of our city, such as a couple of police officers, road repav- ing, and on and on. We needed that money to sustain the level of service that we felt was necessary at the same time and save possible layoffs. Over the past several months there have been lengthy discussions between the City and the RFA as to the amount that was collected, and after all these months it was agreed upon by all parties that the amount was approximately $4.9 million, or 38 cents per thousand of assessed valuation. Coincidentally, this is the same amount that Councilmember Harmon did ask our City Finance Director way back in September, and verified by me. Since that time, several of us on the Council have been trying to seek a workable solution. Although we cannot give the money back as some have suggested, this tax-cutting proposal of 38 cents for the budget year 2012 will keep the City from collecting more than necessary for next year. It is my desire, and that of several other Councilmembers, that the RFA succeed, and to do that, I think it's necessary to adopt this proposal so as not to jeopardize the chances of that success. I would encourage my fellow Councilmembers to adopt this proposal as we begin our 2012 budgeting process. In conclusion, I would like to recognize Councilmember Harmon for his leadership in this effort. I know how much the RFA means to him. Now, everyone should realize that our economy is still not very strong, so there will be consequences for proposals such as this. Don't let anyone kid you — the City still has needs to be met and bills to pay if we are to sustain the level of service that our citizens have come to enjoy and expect. No doubt tough decisions will have to be made as we begin prioritizing the needs of our great city, but bottom line — this is the right thing to do. We constantly ask our citizens to live within their means. It's just as important that our government do the same. I encourage your vote on this proposal. O T Kent City Council Workshop June 21, 2011 Councilmembers Present: Harmon, Perry, Ranniger, and Thomas. The meeting was called to order at 5:45 p.m. by Council President Perry Interaovernmental Issues. Councilmembers reported on their attendance at regional meetings. Legislative Update. Doug Levy reported on legislative issues, including the final status of issues such as levees, streamlined sales tax, annexation tax credit, unfunded mandates, and transportation. He outlined topics on the horizon such as the mid-year budget and medical marijuana, and agreed to provide Council President Perry with a list of legislators and the issues they worked on for the City. Redistrictina. Doug Levy explained the current status of redistricting at the Federal, state and local levels. A brief discussion was then held by the Council. The meeting adjourned at 6:37 p.m. Brenda Jacober, CIVIC City Clerk KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: July 5, 2011 SUBJECT: National Endowment for the Arts Grant — Accept MOTION: Accept the grant from the National Endowment for the Arts in the amount of $25,000, approve the expenditure of the funds, and amend the City Art Budget. SUMMARY: On July 18, 2010, the City was awarded a National Endowment for the Arts (NEA) Grant to "support the Earthworks Tour and Public Engagement Campaign." The funding will be used to locate and install signage to create a bicycle route connecting 4 properties in the Green River Valley: the Herbert Bayer Earthwork, the Robert Morris Earthwork, the Green River Natural Resources Area (GRNRA) and Lorna Jordan's Waterworks Gardens. The grant encouraged multi-agency and non-profit partnerships, and the location of the 4 properties allows the City to collaborate with King County and the cities of SeaTac and Renton, as well as 4Culture and the Cascade Bicycle Club and encouraged sustainable practices, so the signage will be located in places that will be most useful to pedestrians and bicyclists. The grant also supports publication of the completed documentary "A Place for People: The Herbert Bayer Earthworks," interpretive signage at Earthworks Park, bicycle racks, a self-guided tour brochure and public outreach through social media. The matching fund requirement is met through staff time. An inaugural ride is being planned for Saturday, June 2, 2012. For more information about the selection of this date, please see our approved request for an extension. EXHIBITS: Award Letter, Request for Application Update, Letter to NEA with extension approval, and NEA Application RECOMMENDED BY: Parks and Human Services Committee 6/16/11 BUDGET IMPACTS: The $25,000 in revenue impacts the City Art Budget The Nancy Hanks Center 1100 Pennsylvania Avenue NW 41 0/0 Washington, DC 20506-0001 N A T I O N A L 202/682-5400 ENDOWMENT aNnw.arts.gov FOR THE ARTS Mr. Jeff Watling Authorizing Official P1 Ir J City of Kent, Washington 220 4th Avenue South ICA Kent, WA 98032-5838 Dear Mr. Watling: On behalf of the National Endowment for the Arts, it is a pleasure to inform you that your organization has been awarded a grant. Grantee: City of Kent, Washington Grant#: 10-4229-7068 CFDA#: 45.024 Grant Amount: $25,000 Period of Support: September 1, 2010 to September 30, 2011 Discipline/Program: Mayors' Institute on City Design 25th Anniversary Initiative Grant Project: To support the Earthworks Tour and Public Engagement Campaign, as described in your application (Al0-923453) and the enclosed project budget. Award materials are available online at www.arts.gov/manageaward. The General Terms &Conditions provide detailed information concerning the Endowment's regulations and procedures, the administrative requirements that apply to your grant, and your responsibilities as a grantee. Instructions for requesting grant funds and reporting on your project are also online. General information about this award can be found at www.arts.g ov/myq rant. If you have any questions regarding the administrative requirements of this grant, our Grants & Contracts Office staff will be happy to assist you. They may be reached at(202) 682-5403. Congratulations on your grant award! Sincerely, Rocco Landesman Chairman Enclosures f i i !J NATIONAL ENDOWMENT FOR THE ARTS PROJECT BUDGET Grantee: City of Kent, Washington Grant#: 10-4229-7068 Important Information: This budget is derived from your application, revised budget, and/or other communication as noted below. Expenditures on your project should be in general agreement with this budget. Deviation without prior NEA approval will be limited to the standards outlined in the Genera!Terms &Conditions and the provisions of circulars A-110 or A-102, whichever is applicable. It is understood that costs included below maybe estimates and that actuals will be reported on all payments requests and financial reports. All costs must be incurred within the project period specified in your award letter. This budget cannot include overlapping project costs with any other Federal grant(direct or indirect). Proper documentation must be maintained for any In-Kind contributions claimed. Unless otherwise indicated in your award letter, this grant must be matched dollar for dollar. INCOME Cash: $ 25,000 In-Kind: $ 500 Total Contributions: $ 25,500 NEA Grant: $ 25,000 Total NEA Grant: $ 25,000 TOTAL PROJECT INCOME: $ 50,500 EXPENSES Direct Costs: Salaries and Wages: $ 12,200 Fringe Benefits: $ 0 Travel: $ 0 Other: $ 38,300 Total Direct Costs: $ 50,500 Indirect Costs: $ 0 TOTAL PROJECT EXPENSES: $ 50,500 i OMB No.3135-0112 Expires 11/30/2010 i a r ra A REQUEST FOR APPLICATION UPDATE N D 0W 10 c N'r RESPOND WITHIN 21 DAYS OF THE DATE BELOW OR THIS TENTATIVE FOR THE ARTS FUNDING RECOMMENDATION MAYBE WITHDRAWN LI Date: June 28, 2010 To: City of Kent, Washington Re: Tentative Funding Recommendation of$25,000 for Application#10-923453 Project Description: To support the Earthworks Tour and Public Engagement Campaign. Please follow the 4 steps listed below. Step 1: Can you still undertake the project? If not,please advise us immediately. If yes, proceed to Step 2. SteD 2: Check a. OR b. below: a. \pr The project description and total project costs will remain essentially the same as in our application. All costs will be incurred within the period of support specified in the application or as indicated below. My organization will increase its cash_match toward the project to cover the difference between the amount that we requested and the Tentative Funding Recommendation shown above. I understand that Arts Endowment staff will adjust our Project Budget to reflect this change. [Cash match can Include cash donations(including items or services that the grantee organization provides), non- federal grants, and/or revenues expected or received for the project.] Note: If you elect this option, you do not have to submit a Revised Project Budget form*or a Revised Project Information form* New period of support: Start date: End date: Month/day/year Monthlday/year b. (I The project can still be undertaken but will require changes(e.g„ in participants, impact, objectives, products and/or the budget). Note: if you elect this option, you must submit a Revised Project Budget form*and a Revised Project information form*. Step Have an Authorizing cial (AO)of your organization sign here: sigi afure of AO Typed/Printed Name of Title,of A Dale Signed Note:if the AO and/or Project Director has changed since the submission of your application, include a letter to that effect, with signatures of the new personnel, when you return this form. I Step 4: Within 21 days of the date at the top of this form, return: This completed and signed form. If you checked b. in Step 2,a Revised Project Budget form*and a Revised Project Information form`. Where relevant, a letter outlining any change In the AO and/or Project Director, with signature(s). I To ensure timely receipt, please FAX all material to Susan Begley Broeksmit, Design Specialist, at 202,682.5721. If you have any questions, contact Susan at 202.682.5796. IMPORTANT: Remember that this recommendation is tentative and your application is still subject to further review. Do not make any financial or legal commitments until you receive an official grant award letter or other authorization to do so, Also, please do not make any public announcement of this recommendation until the Arts Endowment issues a press release, planned for July 18, 2010, that includes this grant. Available on our web site at www.arts.q 2K/managoaward I i i APr. 15. 2011 3:35PM No, 3624 P. 2 RECREATXON AND CULTURAL SERVICCS ,ill Lori Hogan Recreation and Cultural Services Superintendent EIVE0 Avenue South r4PR Kent, wA 98032 ®0 15 100 Fax: 253-856-6050 WASH IHOT ax PHONE: 253-866.5050 April 14, 2011 Dear Grants and Contracts oftice, The City of Kent is thrilled to have been selected for an NEA MICD25 grant, We want to ensure that the Earthworks Bicycle lour and Public Engagement Campaign is as successful as possible. Grant Number: 10-4229-7060 ✓ Period of Support Extension: The period of support in our grant application was dated September 2010 — September 2011, with plans for an inaugural bicycle ride in mld-September 2011. We request an extension to July 2012, allowing us to host the Inaugural ride in early-June 2012 Justification for the Change. 1/ Between July-September 2011, we are restoring the Herbert Bayer Earthwork with grant funds that we have received from 4Culture and Partners In Preservation. It has come to my attention that once Parks Planning has,reconstructed the various sculptural elements, they may choose to seed rather than sod the Earthwork, The scope and budget of our NEA project Is separate from our restoration project, but our plan had been to complete the restoration just prior to the inaugural ride. If the ride takes place in September, large portions of the Earthwork could be dirt rather than grass. If we wait until the following summer to host the inaugural ride, we can be confident that the Earthwork's appearance Will be in keeping with the artist's original intent, 2/ We are partnering with the non-profit Cascade Bicycle Club, the largest non-motorized policy, advocacy and educational orgenizatlonal organlzation In North America.Their help with the promotion and implementation of our Inaugural bike ride is a key component of our grant application. This project partner does not have a date available priorto June 2, 2012 to co-host the Inaugural ride. 4Culture Public Art is also unavailable to assist us in September 2011 because they are dedicating N several large-scale public art Installations at a new wastewater treatment facility on the some weekend dates that we had been considering. 4Culture manages two of the four earthworks on the tour, They are available to help support the inaugural ride In June 2012. V ® MAYOR SUZETTE COOKS City or Kent Parks,Recreation&CommunRy Sery ces Jeff Watling,Director '.. Apr. 15. 2011 3;35PM Na. 3624 P. 3 I 3/Cascade Bicycle has Identified an additional benefit of hosting the ride In June N12. By having the inaugural ride take place during the beginning of the recreational biking season, we can promote self-guided tours all summer long. Unwittingly, our initial plan to host the inaugural ride in mid-September could prevent us from building on the momentum of the launch event because recreational riders are deterred by the wetter, colder autumn weather. If this extension Is granted, we will have the opportunity to launch a broader public engagement campaign right from the start, which will increase our ability to establish this non-motorized cultural tour. Project Budget: No changes ✓ If you have additional questions, please contact: Cheryl dos Remedios, 253.856.5058, cdosremedios@ci kentnwa.0 . During the week of April 25 - 29, please contact Cheryl at 206.437,8357 or cheryldosremedlos(a)gmail.com. NEA Grants&Contracts Office Thank you for your consideration, APPROVIED i 1 €+� Time: 2v12— Jeff Watling NPw sty art Uc,a New End Date _) Final (deports: New Due Date ?thorizing Official � Director, All other award provisions remain in effect City of Kent Parks, Recreation &Community Services y cvvl farts�mygrant Cc: Jamie Hand, Design Specialist, NEA I i I APR 2 5 2011 I _ The Nancy Hanks Center 1100 Pennsylvania Avenue NW Washington,DC 20506-0001 N A T I0 N A L 202/682-5400 �. ENDOWMENT mmarts.gov '.. FOR THE ARTS June 28, 2010 Ms. Cheryl dos Remedios Visual Arts Coordinator City of Kent, Washington 220 4th Avenue South Kent,WA 98032-5838 Re: No. 10-923453,Earthworks Tour and Public Engagement Campaign Dear Ms. dos Remedios: We are happy to inform you that your application to the National Endowment for the Arts was recently reviewed by an advisory panel and has been tentatively recommended by the National Council on the Arts for funding in the amount of$25,000. If for some reason you are not able to accept the award due to major changes in project plans,please contact Design Specialist Susan Begley immediately at(202) 682-5796. Remember that this recommendation is tentative and your application is subject to further review. Do not make any finance or legal commitments until you receive an official grant award letter or authorization to do so. Also,please do not make any public announcement of this recommendation until the Arts Endowment issues a press release, currently planned for on or before Monday,July 18, 2010, Please see the enclosures for additional information that is required at this stage of the review. Congratulations on reaching this point in the review process. We look forward to working with you, Sincerely, I Jason Schupbach Director,Design j Enclosure I i i II I NEA Application Read the °Evl o.3135-010 instructions for Project Budget, page 1 of 2 this form before you start. Applicant(official IRS name): City of Kent INCOME 1. Amount requested from the Arts Endowment: $ 25,000 2. Total match for this project Be as specific as possible. Asterisk(*)those funds that are committed or secured. Cash (Refers to the cash donations, grants, and revenues that are expected or received for this AMOUNT project) Kent City Art 2010 budget" 12,800 Lead Staff time 12,200 Total cash a. $ 25,000 In-kind: Donated space,supplies,volunteer services (These same items also must be listed as direct costs under"Expenses"below or in Page 2 of the Project Budget form; identify sources) Volunteer bike tour leaders 500 Total donations b. $ 500I� Total match for this project(2a. cash+2b. donations) $ 25,500 ',, 3. Total project income(1 +2) $ 50,500 EXPENSES !' 1. Direct costs: Salaries and wages TITLE AND/OR TYPE NUMBER OF ANNUAL OR AVERAGE %OF TIME DEVOTED AMOUNT OF PERSONNEL PERSONNEL SALARY RANGE TO THIS PROJECT Visual Arts Coordina 1 $90,373 13% 12,200 Total salaries and wages a. $ 12,200 !i Fringe benefits Total fringe benefits b. $ Oil Total salaries,wages,and fringe benefits (a.+b.)$ 12,200 !� NEA Application Read the OMB No.3135-0112 pp instructions for Expires 11/30l2010 Project Budget, Page 2of 2 this form before you start. Applicant (official IRS name): City Of Kent I EXPENSES, CONTINUED I 2. Direct costs: Travel(Include subsistence) i #OF TRAVELERS FROM TO AMOUNT j i i i Total travel$ Q 3. Direct costs: Other expenses (Include consultant and artist fees,contractual services, promotion, acquisition fees, rights, evaluation and assessment fees, access accommodations, telephone,photocopying, postage, j supplies and materials, publication, distribution,translation,transportation of items other than personnel, rental of space or equipment,and other project-specific costs) AMOUNT EARTHWORKS BICYCLE TOUR Public Work Engineering (Kent and Renton combined) 50 hrs @ $65 3,250 Cascade Bicycle Club Route Planning and Promotion 75 hours @ $75 5,625 30 directional and bicycle safety signs installed along route @ 150 each 4,500 6 single ring bicycle racks installed at each of the 4 sites @ 220 each 5,280 INAUGURAL EVENT j Site Specific Performances/Installations at all 4 sites 9,740 Bicycle Tour Guide Volunteers 500 PUBLIC ENGAGEMENT CAMPAIGN Interpretive signage at the Herbert Bayer Earthworks - design,fab.,install 1,950 DVD publication with 12 page booklet and eco-packaging -1000 5,385 Trifold brochure promoting tour- design and publication - 3000 1,270 Promotion through social networking sites (not including staff time) 0 Develop podcast tour 800 Total other expenses$ 38,300 i 4. Total direct costs (1,from Project Budget, Page 1 +2.+3.) $ 50,500 5. Indirect costs (if applicable) Federal Rate x Base - $ Q Agency: (.00) 6. Total project costs(4.+5.) $ 50,500 Must equal total project income (3. From Project Budget, Page 1) I City of Kent, Earthworks Bicycle Tour and Public Engagement Campaign Details of the Project Narrative Oler a�Pft�.nn?tl : rr,lle��c r ii.�u`rr;) lu`ri't, body cr',1 andsar,(, I w;<rl'r oil public I. �u,-kcs unrd tJfi,)r(7f i.;h rf 2h(: (1.5 CUL(t'C1 ilk h`II`; pUr_'flC Crl(1 sJrrN illfl'NE.CI S.1'�},�}L1Y1 f.'Ci017 C7 . f�rf u! ( 'L.Cinn I aid, Bacon, N]A, Amei cii;s For the Arcs tow, 2009 The Green River Valley hosts a unique collection of land art and reclamation sites: the Herbert Bayer Earthworks, the Robert Morris Earthwork, Lorna Jordan's Waterworks Gardens and the Green River Natural Resources Area. The international design community considers these works to be significant, but locally this collection is a hidden treasure. This collection is the legacy of King County's groundbreaking 1979 Earthworks: Land Reclamation as Sculpture symposium. The symposium is "still remarkable to this day. It marls an important moment in thinking, that artists could be meaningful place makers, that they could use their skill and visionary spirit to create spaces for public use."' Robert Morris was at the forefront of both Minimalism and Land Art when he was asked to reclaim a gravel pit overlooking the Kent Valley. Herbert Bayer's Bauhaus aesthetic allowed him to successfully integrate a stormwater detention dam into a public park. The same year as the symposium, the Kent Public Works Department began transforming an abandoned sewage lagoon into one of the largest man-made, multi-use wildlife refuges in the United States. The Green River Natural Resource Area provides habitat to over 165 birds and 53 mammals, attracting international eco-tourism. In 1998, building upon the success of these previous projects, Lorna Jordan's ecological artwork at the Renton sewage treatment plant began purifying stormwater, enhancing a wetland, and providing eight acres of garden rooms and open space for public use. The threat of flooding posed by the Howard Hanson Dam is deeply impacting Kent's economic vitality. Meanwhile, our community remains unaware that this earthworks collection exists, let alone that it offers model solutions to stormwater management - solutions that are both artistically and ecologically sound. Grant funding would allow us to increase public awareness at a time when these solutions are most urgently needed. 'A Place for People:The Herbert Bayer Earthworks,Cheryl dos Remedios,2009,color,22 minutes,digital video. II'i Interview with Cath Brunner, current director of4Culture Pub IicArt(previously the King County Arts Commission). 1 � City of Kent a) Budget The City requests $25,000 and provides a $25,000 match. Please note that for the past 4 years, we have averaged $12,375 for Earthworks related projects, with an additional significant in-kind contribution in 2009 to produce the documentary video. 4Culture SITE SPECIFIC has supported all 3 of our Earthworks environmental festivals with an average of$6,500 each year. 2011 allocations may be similar, but we are budgeting for a dollar to dollar match as a conservative response to recent budget cuts. b) Major project activities 1/ Develop cultural tourism through a bicycle tour Create an ecological and cultural connection between urban Seattle and 4 suburban municipalities; raise awareness of the properties via permanent signage; distribute printed tour brochures; host an inaugural ride in conjunction with an environmental arts festival. 2/ Educate and engage through digital media. Publish the completed documentary "A Place for People: The Herbert Bayer Earthworks;" complete the accompanying essay; distribute and screen the video at local schools and libraries. Promote the collection via social media; create a podcast tour; install interpretive signage; encourage visitors to register online. c) Goals Giant sandbags along the levee require closing the Green River Trail to bicyclists in Kent for the next 4-5 years.This tour offers an alternative, destination-based route. Furthermore, rather than allowing Kent to be portrayed as a place to avoid due to the risk of flooding, we can encourages cultural tourism and highlight these artistic solutions to stormwater management.The digital media campaign accomplishes parallel goals. d) Schedule September 2010—September 2011; Fall/Winter: bike route mapping, design and fabrication. Fall/Winter/Spring: school partnership; Summer: inaugural event e. Partners, key organizations, individuals, and works of art We have permission from our partner agencies to put forward this grant application as a solo entity. The City of Kent owns the Bayer and GRNRA. 4Culture (King County's art agency) owns the Morris (located in SeaTac) and Jordan (located in Renton). The connecting trail is managed by King County and maintained by the municipalities. It passes through Tukwila. Cascade Bicycle Club is the largest non-motorized policy, advocacy and educational organization in North America, with over 12,000 regional members. They will help us design and promote the trail. The artist Lorna Jordan lives in Seattle and regularly 2 City of Kent collaborates with the City of Kent on earthworks activities and tours. The Assistant Superintendent of Learning and School Improvement at the Kent School District has met with us and agrees that we should pursue Earthworks related curriculum. Publishing and screening the DVD is our starting point. f. target community The valley bike route is primarily flat, which is an unusual terrain in the Puget Sound region; it will attract bicyclists of all ages and fitness levels. The route can be accessed via a regional transit/rail station near the Bayer Earthworks, Herbert Bayer believed that art should be part of everyday life. This is a message that can resonate with the local Kent community, as well as continue to attract a national and international following. Our most recent environmental arts festival included contemporary artists and community-based groups. This was a most successful format. g. plans for promoting, publicizing and/or disseminating Distribute the DVD to libraries, schools and the Seattle Art Museum bookstore; display tour brochure at libraries, transit stations and REI stores (surprisingly, a top tourist destination); promote online. h. Plans for monitoring and assessing We can track the following: fans on Facebook, hits on YouTube and Vimeo; number of brochures distributed, virtual "guest book" signatures; hits to our website www I<encArts.or /ea_rthworks; number of inaugural event attendees; number of students who view video; number of organized tours i. evidence of impacts achieved In 2007, the Herbert Bayer Earthworks 25th Anniversary Celebration kicked-off a public awareness campaign that has included exhibits, programs, video, local and national press. We began developing the cultural tour for all 4 properties by hosting tours for the Int'I Sculpture Center (2007) and Americans for the Arts (2009), along with elementary, college and senior groups (on-going). We are also in the midst of a complimentary restoration project for the Herbert Bayer Earthworks. We have secured matching funds of$13,800 from 4Culture Preservation to begin work this summer, Presently, the Herbert Bayer Earthworks is one of 25 Puget Sound landmarks in the Partners in Preservation online voting contest, which will provide a grant of$5,000, $71,000 or$125,000. This month-long community engagement campaign has significantly increased our expertise in social networking. 3 i I I General Terms & Conditions for Grants and Cooperative Agreements to Organizations updated for FY 11 awards INTRODUCTION i The General Terms & Conditions for Grants and Cooperative Agreements,to Organizations (General Terms) apply to all grants and cooperative agreements (also referred to as "awards" or "assistance awards") that the National Endowment for the Arts (Arts Endowment or NEA) issues to nonprofit organizations, institutions of higher education, units of state and local governments and Federally-recognized Indian Tribal governments. These General Terms are based on the administrative requirements of the Office of Management and Budget(OMB) Circular A-110 (2 CFR 215), the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments OMB Circular A-102 (2 CFR 230), and the Federal laws, rules, regulations, and Executive Orders that apply to grants and cooperative agreements. They also are based on the Arts Endowment's legislation, rules, regulations, and policies. Award recipients must be familiar with and comply with these General Terms. General information about your grant is available online at www.arts.govlmvarant. Award materials, including payment request and report forms, and links to the OMB Circulars referenced throughout the General Terms are available on our Web site at www.arts.govimanageaward. You ca n reach us at: Grants & Contracts Office (G&C) National Endowment for the Arts 1100 Pennsylvania Avenue, Room 618 Washington, DC, 20506 Telephone (202) 682-5403 FAX (202) 682-5610 or 5609 arantsOarts.gov National Endowment for the Arts (www.arts.gov) 1 General Terms Nov. 2010 TABLE OF CO NTENTS Item Subiect Page Acceptanceof an Arts Endowment Award 1. Your Responsibilities 4 2, Compliance with DUNS number and CCR Requirements 4 3. Compliance with Terms and Conditions 4 4. Acknowledgment of Arts Endowment Support and Disclaimer 4 Authorizing Official 5. Authorizing Official 5 Obtaining Your Award Funds 6. Requesting Payment 6 if There Are Changes in Your Project 7. Award Amendments 7 8, Foreign Travel Requests 9 9. Return of Full or Unused Portion of an Award or Declining an Award 10 Remedies and Termination 1 10. Termination 11 1 Reporting Requirements 11. Reporting Requirements 12 Matching (Cost Share) Requirements 12. Matching 13 13. Use of In Kind (Third-Party) Contributions for matching purposes 13 14. Use of Program Income 14 15. Inclusion of Indirect Costs as allowed by a Federally-negotiated Agreement 14 Recordkeeping 15 16. Record Retention 17. Financial Management Standards: Maintaining Accounting Records 15 18. Procurement Standards 15 19. Personnel Activity Documentation 16 20. Equipment 16 21. Copyright 17 22. Library of Congress Cataloging in Publication 17 Audit Matters 23. A-133 Audit Requirements 17 24. Award Payment Confirmation for Audit Purposes 17 25. Catalog of Federal Domestic Assistance (CFDA) Numbers 18 Office of Management and Budget(OMB) Circulars that Govern YourAward . 25. Uniform Administrative Requirements 19 26. Cost Principles 19 National Endowment for the Arts (LA .arts.goy) 2 General Terms Nov.2010 I National Policy and Other Legal Requirements, Statutes, & Regulations that Govern YourAward 28. Nondiscrimination Policies 20 29. Environmental and Preservation Policies (NEPA and NEHPA) 21 30. Other National Policies 21 a. Debarment and Suspension 21 b. Drug-Free Workplace Act 22 c. Lobbying 22 d. Native American Graves Protection and Repatriation Act 23 e. U.S. Constitution education program 23 f. Arts Endowment enabling legislation 23 g. Prohibition on use of funds 23 I Subgranting 31. Subgranting for State Arts Agencies, Regional Arts Organizations and Local Arts Agencies 24 Questions? 32. Arts Endowment Staff 26 Attachments Sample Personnel Activity(Time & Effort) Report 27 Sample Hourly Personnel Activity(Time & Effort) Report 28 Sample In-kind Contribution Report 29 Signature Authorization Form 30 i i National Endowment for the Arts (www.arts.gov) 3 General Terms Nov. 2010 it I Acceptance of an Arts Endowment Award 1. Your Responsibilities I In accepting an Arts Endowment award, your organization assumes legal, financial, administrative, and programmatic responsibility for administering the award in accordance with any provisions included in the award, as well as the laws, rules, regulations, and Executive Orders governing assistance awards, and these General Terms, all of which are hereby incorporated into this award by reference. While we may provide you with reminder notices regarding award requirements, the absence of receiving such notice does not relieve you of your responsibility to meet all applicable award requirements. Failing to comply with these requirements may result in suspension or termination of the award and our recovery of funds. Lead members of consortia or entities responsible for approved independent components are responsible for all aspects of the award. Your organization must submit all payment requests, reports, and any amendment requests. (These same requirements hold for awards made to Fiscal Agents before FY 2007.) 2. NEW: Compliance with the requirement to have a Dun & Bradstreet (DUNS) number and active registration in the Central Contractor Registration (CCR) On September 14, 2010, OMB published its final guidance in 2 CFR Chapter I, Part 25, codifying the following: Award recipients are required to maintain current information in the Central Contractor Registration (CCR) until an award is closed. This includes renewing your registration in CCR at least annually after the initial registration, and more frequently if required by changes in your information or another award term. Note that in some cases you will need to update your information with Dun & Bradstreet before you can complete your CCR renewal. 3. Compliance with the General Terms and any other Conditions Submission of a signed Request for Advance or Reimbursement(payment request)form constitutes your agreement to comply with all the terms and conditions of the award. 4. Acknowledgment of Arts Endowment Support and Disclaimer Acknowledgment of the National Endowment for the Arts must be prominently displayed in all materials and announcements for your funded project. For print materials, a phrase acknowledging support from the National Endowment for the Arts is a basic requirement. In addition, we encourage you to use the agency's logo whenever possible. For more guidance in planning your media campaign, please consult the Working with the Media toolkit. This toolkit provides tips for reaching out to members of the press, using social media, and crafting a press release announcing your NEA grant. National Endowment for the Arts (LA .art& ov) 4 General Terms Nov.2010 For radio or television broadcast, we require the following language: "This project is supported in part by an award from the National Endowment for the Arts. Art Works." For television broadcast, display of the Arts Endowment logo is required. The logo is available at www.nea.,qov/manageaward/lo.goslindex.html. We reserve the right to change the language of the required acknowledgement of Arts Endowment support, as well as the right to disallow the use of our logo and acknowledgment of our support. Authorizing Official 5. Authorizing Official. An authorizing official is an official of the recipient organization with authority to legally bind the organization. For organizations that act as a lead member of a consortium or are responsible for an approved independent component, the authorizing official must work for the lead organization. For purposes of administering this award, the following apply: a. Application Form. Authorizing officials are designated by signature on the form. An electronic "signature" is accepted if your application was submitted through Grants.gov. We reserve the right to request a "hard copy" signature (i.e., ink on paper) of an organization's authorizing official if necessary. Only officials identified by signature on your application or on file (see d., below) can sign the payment request form. b. By Virtue of Position. The following are considered to be authorizing officials for this or any award you may receive from the Arts Endowment, whether or not they have signed an application: (1) for nonprofit organizations (excluding colleges and universities): chairman or officer of the board, president, executive director, chief financial officer(for financial matters), or individual of similar rank; (2) for colleges and universities: chancellor, provost, president, trustee, director of sponsored programs/research,or individual of similar rank; (3) for cities or municipalities, or departments thereof: mayor, city manager/ administrator, designated department, agency, or office official, or individual of similar rank;or (4) for states or departments thereof: governor or designated agency, department or office official, or individual of similar rank. c. Arts Endowment Panelist. Generally, any person serving as an Arts Endowment panelist can act as an authorizing official for his or her organization. However, no panelist may review an application from an organization with which he or she is affiliated. If a panelist later becomes associated with a project that he or she reviewed, then he or she may not act as an authorizing official for that project. This prohibition is in effect throughout the entire period of support. National Endowment for the Arts (www.arts.gov) 5 General Terms Nov.2010 d. Changes in or Additional Authorizing Officials. If you wish to designate other individuals as authorizing officials for this or any other Arts Endowment award, submit a letter making such a request—signed by a current authorizing official—to our Grants & Contracts Office. A Signature Authorization Form is provided at the end of this document and is also available on our Web site for your use. NOTE: Colleges and universities should follow these procedures to delegate authority to a fiscal officer or other appropriate personnel to sign payment requests and Federal Financial Reports. Please submit updated information if changes in authorizing officials occur within your organization (e.g., let us know if someone is no longer serving as an authorizing official) or every four years, whichever comes first. Obtaining Your Award Funds 6. Requesting Payment a. Requests for Advance or Reimbursement. The Request for Advance or Reimbursement(payment request) form and instructions are available on our Web site. Payment requests must reflect expenses to be incurred within 30 days from the date the authorizing official signs the request (advance) and/or costs already incurred (reimbursement). • Labor Assurance. You must comply with the labor standards set out in "29 CFR Part 505 - Labor Standards on Projects or Productions Assisted by Grants from the National Endowments for the Arts and Humanities."You provide this assurance by signing the Request for Advance or Reimbursement payment request form and returning it to the Grants & Contracts Office. This is required by the National Foundation on the Arts and the Humanities Act of 1965, as amended (20 U.S.C. 951 et seq.). Read the "Assurances as to Labor Standards" (page 2 of the payment request form) carefully. • Progress report. Generally, this information is only required the first time the cumulative amount requested exceeds two-thirds of the award amount. Important: Funds must be disbursed immediately upon receipt. If you cannot do so, you must return the funds to the Arts Endowment. You may not request funds to cover expenditures incurred prior to the beginning of the period of support; pre-award costs are unallowable. If interest is earned on advanced funds, you should refer to OMB Circular A-110 (2 CFR 215), Section 22(I) or the "Common Rule," Section 1157.21(i)for information regarding its disposition. b. Payments through an Alternative Method of Funding. If you are currently on the working capital advance, cost reimbursement, or certification method of payment, refer to the appropriate guidelines provided by the Arts Endowment. These guidelines are also available on our Web site at www.arts.gov/about/O]G/FAQs.html. c. NEA awards with numbers that start with 09-and earlier: Ageographic location of project activities report, which can be found as Part III of the Final Descriptive Report, is required before we can release the first payment. Note that beginning with awards National Endowment for the Arts ()A ww.arts.gov) 6 General Terms Nov.2010 made in FY 10 (numbers that start with 10-) this report is not required for releasing payment. For more information, see Section 11 c., "Final Reports." d. Withholding Payments. If you failto comply with the terms and conditions of this award, j payment may be withheld at any time during the project period. If we withhold payment, but do not suspend or terminate the award, the payment(s) will be released once we determine that you are in compliance. • Federal Debt Status You may not be delinquent in the repayment of any Federal debt. Examples of relevant debt include delinquent payroll or other taxes, audit disallowances, and benefits that were overpaid (OMB Circular A-129). Should you become delinquent during your project period, you must notify us immediately. We cannot release your award funds until.a repayment plan has been accepted by the Internal Revenue Service. i Tracking Status of Grant Payments on www.arts.gov/mygrant. By entering your 10-digit grant number, you can see when we received your payment request, when it was processed, and the amount paid. A history of payments and the current balance of your award are also provided. At this time, cooperative agreement payment information is not available. If There Are Changes in Your Project 7. Award Amendments You are required to carry out a project consistent with the application or proposal approved for funding by the Arts Endowment. As soon as you know that changes are necessary and before implementation), you must submit a written request to our Grants & Contracts Office. Requests submitted to other Arts Endowment offices often result in a delayed response. Each request must include: • 10-digit grant number (or DCA#for a cooperative agreement), • specific change(s) requested (for types of amendments, see below) • justification_for thechange(s), • revised project budget, if applicable, • contact information, including a phone number, fax number and e-mail address, and • signature of a current authorizing official (see Item 5). We reserve the right to request additional information, such as an update on specific project activities, or an itemized list of actual expenditures to date, as needed. In addition, if the recipient is undergoing an audit by the Arts Endowment's Inspector General's office, amendments of the award(s) in question will not be approved independent of the audit resolution process. National Endowment for the Arts (www.arts.gov) 7 General Terms Nov 2010 If If There Are Changes in Your Project, cont. Amendment requests are considered on a case-by-case basis; approval is not guaranteed. Until you receive written approval from the Grants & Contracts Office, you may only incur costs consistent with the terms and conditions of the award in effect at the time of your request. a. Period of Support Extensions (Time Amendments) & Liquidation of Obligations. All project activities and the commitment of project funds must take place within the period of support set out in your award document. As soon as you become aware that your project cannot be completed on schedule, you must immediately request a time amendment following the procedures outlined above. Requests submitted after the fact, including after the current end date of your award, or requests to extend the total period of support beyond four years, may not be approved. You are also responsible for ensuring that all obligations incurred under an award are liquidated (paid)within 90 days of the end of the period of support to coincide with the submission of the Federal Financial Report. Therefore, a time amendment must be requested if all obligations cannot be liquidated within 90 days. b. Changes in Project Scope. Project activities must be consistent with those approved for funding by the Arts Endowment. As soon as you believe changes in the project are necessary, you must request a scope amendment, following the procedures outlined above. Requests submitted after the fact, including after the current end date of your award, may not be approved. c. Change in Artists: If changes in artists or arts organizations identified in your application or proposal are necessary, you must request an amendment following the procedures outlined above. Include a short biography or description of the new artists or arts organizations proposed. Requests submitted after the fact, including after the current end date of your award, may not be approved. Prior approval is waived for changes in other key persons (e.g., executive or project directors), as outlined in OMB Circular A-110 (2 CFR 215), Section 25 or the "Common Rule," Section 1157.30, unless your award specifies to the contrary. d. Consortium Member Changes (Grants for Arts Projects awards made specifically as consortia grants). If changes to the consortium membership are believed necessary, the lead member of a consortium must seek written approval from the Arts Endowment before any changes are made, following the procedures outlined above. In addition, the lead member must also provide: ® written concurrence from the consortium member dropping out of the project; and a signed letter of commitment from the consortium member being added that details their involvement in the project. Requests submitted after the fact, including after the current end date of the award, may not be approved. National Endowment for the Arts (ww .arts.00v) 8 General Terms Nov. 2010 If There Are Changes in Your Project, cont. e. Budget Revisions. Most awards include an approved project budget that reflects the information contained in your application or proposal and any revisions made at your request or by us in order to bring the project budget into compliance with our guidelines and applicable Federal regulations. All costs must be incurred within the project period specified in the award document or an approved amendment, The budget cannot include overlapping costs (e.g., share any costs)with any other Federal award. These minor changes in the project budget do not require written approval from us. • transfers among direct cost line items • allocation of Arts Endowment funds among approved project costs • elimination or addition of an allowable project cost that does not affect the scope of the award These significant changes in the project budget require prior written approval from us. budget changes due to a change in the scope of the Arts Endowment-supported project • adding permanent equipment, foreign travel, or indirect costs request to increase the Arts Endowment award amount Requests for significant budget changes must include the information outlined above. Requests submitted after the fact, including after the current end date of your award, may not be approved. f. Matching. We will not waive minimum matching requirements except under the most unusual circumstances. Such requests must be accompanied by a new budget that reflects the revised commitment to the project. Requests submitted after the fact, including after the current end date of your award, may not be approved. NOTE: For Save America's Treasures grants, matching requirements will not be waived. g. Final Reports Filing Extensions. You must fulfill all final reporting requirements within 90 days of the project period end date. Requests submitted after the fact, including after the current report due date of your award, may not be approved. Failure to submit a timely request may jeopardize future Arts Endowment funding. 8. Foreign Travel Requests a. Foreign travel is defined in the OMB Circulars as any travel outside Canada, Mexico, the United States (U.S.), and its territories and possessions. The Grants & Contracts Office must give written approval for all foreign travel not identified in your application or revised budget before travel is undertaken. I National Endowment for the Arts (www.arts.gov) 9 General Terms Nov.2010 If There Are Changes in Your Project, cont. Please note: While travel requests to Mexico and Canada that are project related, allocable, and allowable do not require prior written approval from the Arts Endowment before being undertaken, the Fly America Act does apply. Please see b) for more information. b. Use of U.S air carrier vs. foreign air carrier (Fly America Act). Any air travel (inclusive of persons or property) paid in whole or in part with Arts Endowment funds must be on a U.S. air carrier or a foreign air carrier under an air transport agreement with the United States when these services are available. For the Fly America Act, the United States means the 50 states, the District of Columbia, and the territories and possessions of the United States. U.S. air carrier service is considered available even when a foreign air carrier can provide a comparable or different kind of service at less cost and/or foreign air carrier service is preferred by, or is more convenient for, the traveler. U.S. air carrier service is considered to be unavailable only under the following conditions: ® the traveler's origin or destination airport is a gateway airport abroad (i.e., the airport from which the traveler last embarks en route to the United States or at which the individual first arrives when traveling from the United States), and the use of a U.S. air carrier would increase travel time by at least 24 hours over travel by a foreign air carrier; • when a traveler while an route must transfer to another flight, and the use of a U.S. air carrier would extend travel time at least six hours over travel by a foreign air carrier; • when travel time on a scheduled flight by a foreign air carrier is three hours or less, and service by a U.S. air carrier would involve twice as much travel time; or ® when travel is between two points outside the U.S. and the use of a foreign air carrier would eliminate two or more aircraft changes en route. If you discover that service on a U.S. air carrier or a foreign air carrier under an air transport agreement with the United States is unavailable, you must request an exception in writing from the Grants & Contracts Office before travel is undertaken. 9. Return of Full or Unused Portion of an Award, or Declining an Award If you cannot carry out the project, or cannot use the entire award amount, you must notify the Grants &Contracts Office in writing. If you are returning funds, your letter should include: the 10-digit grant number(or DCA number for a cooperative agreement), an explanation for the return of the funds, contact information, including a phone number, fax number and e-mail address, and ® signature of an authorizing official, and ® a check in the correct amount payable to the National Endowment for the Arts (include the award number on the memo line). National Endowment for the Arts (www.arts.gov) 10 General Terms Nov.2010 If you have expended any of the Federal funds for the project, you are still responsible for submitting your Final Reports by their due date. If you are declining the award and have not drawn down any funds, your letter should include: the 10-digit grant number(or DCA number for a cooperative agreement), • an explanation, and contact information, including a phone number, fax number and e-mail address and the signature of an authorizing official. Remedies and Termination 10. Termination There are circumstances under which we may determine that it is in the best interests of the government to terminate an award. OMB Circular A-110 (2 CFR 215), Sections 61 & 62, and the "Common Rule," Sections 1157.43 and .44, respectively, provide uniform termination procedures for Federal awards. Grants and cooperative agreements may be terminated in whole or in part-- a. For Convenience: • By you upon sending us written notification setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion of the project to be terminated. By us with your consent, in which case the two parties shall agree upon termination conditions, including the effective date and, in the case of partial termination, the portion of the project to be terminated. I However, if we determine that the reduced or modified portion of the award will not accomplish the purposes for which it was made, we may terminate the award in its entirety. b. For Cause by us if you materially fail to comply with the terms and conditions of an award. i In either case, this may result in our taking additional actions such as requiring you to return a portion or all of the award funds, requesting that you remove acknowledgement of Arts Endowment support, recommending government-wide suspension, etc. In addition, termination may occur as described in 2 CFR Part 175,which has been amended to address paragraph (g) of section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g). National Endowment for the Arts ()A ww.arts.gov) 11 General Terms Nov.2010 Reporting Requirements 11. Reporting Requirements Your grant package includes a blue document, titled Reporting Requirements, which provides guidance on the reporting requirements for this award. Cooperative Agreements include reporting requirements and delivery schedule instructions within the agreement, We may request additional information as necessary. Instructions and report forms are on our Web site. a. Progress Reports. A progress report is generally required from Arts Endowment award recipients once the cumulative amount requested exceeds two-thirds of the award amount. Specific instructions for submitting your progress report are in your Reporting Requirements document and on the payment request instructions. b. Special Reporting Requirements. We may require you to submit certain information before funds can be released (e.g., a signed recording contract, copyright release, an itemized list of actual expenditures to date, etc.) or at other times during the project. Instructions will be included in your award package when applicable. c. Final Reports. A Final Report package including the Final Descriptive Report (FDR), the Federal Financial Report (FFR), and any required work product(s) must be submitted no later than 90 days after the project period end date. Refer to the Reporting Requirements document included in your award package or your Cooperative Agreement for more information. Please note: Beginning with award numbers that start with "10=' the Geographic Location of Project Activity report is included as Part III of the Final Descriptive Report. Part III geographical information is collected online at www.arts.gov/manageaward. Look under"Final Reports"for the link to the FDR. Carefully review your Final Reporting Requirements and the FDR form to determine the narrative information required. All questions must be addressed. An authorizing official must sign the FFR to verify that the project for which Arts Endowment funds were awarded has been carried out. Tracking Status of Final Reports on www.arts.gov/my rant. By entering your grant number, you can see when your final reports are due; if you have a product requirement; and the date we log their receipt into our database. Failure to submit the required Final Reports for any award(s) renders you ineligible to receive funding for five years following the final report due date of the award(s) or until the delinquent final reports are submitted, whichever occurs first. Acceptability of final reports may also affect eligibility. In addition, failure to submit required final reports within 210 days from the project period end date will result in the withdrawal of any funds remaining on that award. NOTE: Since October 2001, the delivery of first-class mail to NEA has been delayed. In addition, all of the first-class and Priority mail we receive is put through an irradiation process to protect against biological contamination. Products (e.g., CDs,videos, slides) put through this process are suffering irreversible damage. Please FAX payment requests and report forms or use an alternative delivery service if you are sending fragile or time-sensitive materials. National Endowment for the Arts (www.arts.gov) 12 General Terms Nov.2010 i i Matching (Cost Share) Requirements i i 12. Matching Unless otherwise stated in the grant award document or cooperative agreement, and/or reflected in the approved project budget, Arts Endowment funds may not exceed 50 percent of the total cost of the Arts Endowment-supported project(i.e., funds must be matched one- to-one, or"dollar for dollar"). This required match, or "cost share," refers to the portion of project costs not paid by Federal funds. The Federal Financial Report is used to verify that the required match has been met. Ensure that the amounts reported on your Federal Financial Report can be easily reconciled to your accounting records. Ineligible Matching Resources. The following items are not eligible as match. • Other Arts Endowment or Federal funds. This includes Federal funds that have been subgranted or disbursed to you from your State Arts Agency or another grantor and clearly identified as such. It is your State Arts Agency's (or other grantor's) responsibility to inform you if any portion of their award to you is a direct flow-through from a Federal agency. • Resources that have been used to match another Arts Endowment award or other Federal program(s). • Contributions or gifts transferred to your organization that are restricted and cannot be used to support your project. • Gifts (testamentary or otherwise) which are not available to your organization during the project period. 13. Use of In-Kind (Third-Party) Contributions for matching purposes If you include in-kind, third-party(i.e., not the award recipient) contributions or donations as part of your match, they must also be included as direct costs and reflected as such in your accounting records. Volunteer services and donated property or space must be documented and their value determined according to the principles set out below. a. Volunteer services provided to you by professional and technical personnel, consultants, and other skilled and unskilled labor may be used as match if the service is integral to the approved project. Volunteer services must be valued at rates consistent with those paid for similar work within your organization. If you don't have employees performing.similar work, the rates must be consistent with those paid by other employers for similar work in the same labor market. In either case, a reasonable amount of fringe benefits may be included in the valuation. b. When a third-party employer furnishes the services of an employee, these services must be valued at the employee's regular rate of pay(plus a reasonable amount of fringe benefits), provided these services involve the same skills for which the employee is normally paid. c. The value of donated equipment must not exceed the fair market value of equipment of the same age and condition at the time of donation. The value of loaned equipment cannot exceed its fair rental value. i National Endowment for the Arts (www.arts.aov) 13 General Terms Nov.2010 Matching (Cost Share) Requirements, cont. d. The value of donated space must not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space and facilities in a privately owned building in the same locality. e. The value assigned to donated supplies or other expendable property should be reasonable and should not exceed the fair market value of the property at the time of donation. NOTE: A sample format for documenting in-kind (third-party) contributions is provided at the end of this document and as a separate form on our Web site. 14. Use of Program Income Income earned by a recipient during the period of support that results from activities supported through an Arts Endowment award is considered to be program income. These earnings can include, but are not limited to, income from fees for services, admission fees, the use or rental of real or personal property, etc. Program income may be used as part of the match for an award, for additional costs of the Arts Endowment-supported project, or for use in other projects in the arts provided that it will be used for activities similar to those approved by the Arts Endowment. 15. Inclusion of Indirect Costs as allowed by a Federally-negotiated Agreement The following applies only to those recipients who have indirect costs (or facilities and administrative costs for colleges and universities) included in their project budget as approved by the Arts Endowment. Indirect costs are calculated using a rate that has been negotiated with a Federal agency or based on an estimate. These costs are allowable and the recipient may use the corresponding amount to meet matching requirements. a. Estimated indirect cost rate. If indirect costs based upon an estimate were included in your approved project budget, a rate proposal must be submitted to the oversight Federal agency immediately after you have received notification of an award or within three months after the start date of the period of support. Otherwise, a revised budget may be required. b. Expiration of indirect cost rate. If your rate expires during the period of support, you must submit a proposal in time for the rate to be renegotiated before the end of the period of support, unless your institution is governed by OMB Circular A-21 (2 CFR 220). If the negotiated rate exceeds the rate specified in the approved project budget, the use of a higher rate is subject to the limitations set forth in OMB Circulars A-21 (2 CFR 220),A-87 (2 CFR 225), or A-122 (2 CFR 230), as applicable. In no event will additional Federal funds be awarded to support an increase in indirect costs. C. Closing out your award. A negotiated rate lower than the rate included in the project budget or failure to negotiate a rate by the end of the period of support may result in decreased Federal support if the total non-Federal costs applied toward your Arts National Endowment for the Arts (m .arts.aov) 14 General Terms Nov. 2010 i Matching (Cost Share) Requirements, cont. i Endowment-supported project do not satisfy the award's matching requirement. Also, the Arts Endowment will not close out an award with a provisional rate if the indirect costs are needed to meet the minimum required match. Please note that, generally, the Arts Endowment does not support research awards; therefore research rates are rarely approved. Recordkeeping Requirements 16. Record Retention You must maintain financial records, supporting documents (such as cancelled checks, invoices, contracts, travel reports, donor letters, in-kind contribution reports, and personnel activity reports), statistical records,_and_alLother_records pertinerit`ta-an award according to the provisions outlined in OMB Circular A-110 (2 CFR 215), Section 53, or the "Common Rule," Section 1157.42, as applicable. Generally, the retention period is three years from the date the final Federal Financial Report is filed. During the project period and the subsequent three-year retention period, the Arts Endowment, the Endowment's Inspector General, the Comptroller General of the United States, or any of our duly authorized representatives has the right to request additional information and/or to timely and unrestricted access to project records in order to audit, examine, excerpt, transcribe or copy them. This includes timely and reasonable access to the recipients' personnel for the purpose of interview and discussion related to the records. 17. Financial Management Standards: Maintaining Accounting Records There may be no overlapping project costs between two or more Federal awards. Therefore, separate accounting records should be maintained for each award. OMB Circular A-110 (2 CFR 215) , Section 21, and the "Common Rule," Section 1157.20, as applicable, establishes standards for financial management systems of recipients (i.e., accounting systems, internal controls, allowable costs, cash management, etc.). The financial management systems of recipient organizations and their subrecipients must meet these standards. The Inspector General has prepared two publications, Financial Management Guide for Non- Profit Organizations and Financial Management Guide for State and Local Governments, that contain practical information on what is expected in terms of fiscal responsibility. These publications can be found on our Web site at www.arts.ciov/about/O1GIContents.html. 18. Procurement Standards OMB Circular A-110 (2 CFR 215), Section 40, and the "Common Rule," Section 1157.30, as applicable, establish standards for procurement. You must have standards to ensure that materials and services acquired under Federal awards are obtained in an effective manner and in compliance with the provisions of applicable Federal statutes and Executive orders. National Endowment for the Arts (www.arts.clov) 15 General Terms Nov.2010 Recordkeeping Requirements, cont. Written procedures should include,among other things, determining economical approaches, providing for competition, dealing with conflict of interest, efforts to use minority, women-owned and small business, and maintaining records sufficient to detail the procurement process. 19. Personnel Activity Documentation OMB Circulars require that compensation for personnel services charged to Federal awards, in whole or in part, be properly documented. Please refer to the applicable cost principles for the specific documentation that is required. You must maintain personnel activity ("Time & Effort") reports for any employee whose salary is charged, in whole or in part, to either the award or the matching funds if: • your award is $50,000 or greater, or • you are on an alternative method of funding (as noted in an award document or the Inspector General's audit follow-up report). Two sample formats for documenting personnel activity are provided at the end of this document and also on our Web site. However, you may choose any format appropriate to your scale of operations. Reports must be prepared at least monthly and must coincide with one or more pay periods. Although you generally are not required to submit these to us, we reserve the right to request copies. Except as noted above, the Arts Endowment waives the requirement to maintain personnel activity reports. [However, you are still required to keep other appropriate records (e.g., payroll records, in-kind documentation, etc.) verifying the salary/wage costs attributed to the Federal or matching funds.] 20, Equipment Equipment is defined as an article of tangible, nonexpendable, personal property having a useful life of more than one year that costs $5,000 or more. Before purchasing equipment not identified in the approved project budget, you must obtain written approval from the Grants & Contracts Office (see Item 6e). You are encouraged, whenever possible, to purchase American-made equipment in accordance with the "Buy American Act" (41 U.S.C. 10a-10c). Unless otherwise specified, you will have title to equipment commissioned, purchased, or fabricated under the award, without further obligation to the Federal government, provided that it will be used for activities similar to those approved by the Arts Endowment. We reserve the right, however, to stipulate at the time of the award specific instructions for disposition of the equipment when you no longer need it(e.g., a transfer of title to the Federal government or a third party). You also will have title to artwork purchased under the Arts Endowment award, without further obligation to the Federal government, provided that it will be used for similar activities, National Endowment for the Arts (www,arts.gov) 16 General Terms Nov.2010 Recordkeeping Requirements, cont. 21. Copyright You may arrange to copyright any materials you develop from the work undertaken during the period of support without prior approval from us. For procedural information, contact: U.S. Copyright Office, Library of Congress, 101 Independence Avenue SE, Washington, DC, 20559-6000; 202/707-3000; www.copvright.gov. Unless otherwise specified in the award, we are not entitled to receive royalties from work supported or made possible by a grant or cooperative agreement; however, we retain a royalty-free right to use such work for Federal government purposes (e.g., the use of final report work products to document the results of our award programs), including placement on our Web site. 22. Library of Congress Cataloging in Publication Data We strongly recommend that any publication that results from this award be cataloged by the Cataloging in Publication Program of the Library of Congress before it is prepared for final printing. This method of cataloging, available only to publishers of titles likely to be widely acquired by U.S. libraries, enables libraries to acquire and process books quickly. Publishers ineligible for this program may be eligible for the Library's Preassigned Card Number Program. Entering these titles in a national bibliographic database leads to greater dissemination of publications. For procedural information, contact: Library of Congress, 101 Independence Ave., SE, Washington, DC 20540; 202/707-5000; http://cip.loc.goy/cip/. Audit Matters 23. A-133 Audit Requirements OMB Circular A-133, Audits of States, Local Governments and Nonprofit Organizations," includes specific guidance for conducting financial and compliance audits. The threshold for requiring an A-133 audit is $500,000 in yearly expenditures of Federal funds for fiscal years ending after December 31, 2003. This amount is the aggregate of funds from all Federal sources. OMB Circular A-133 and the yearly compliance supplements are available online at www.whitehouse.(Iov/omb/circulars. If you have questions, contact the Office of Inspector General at (202) 682-5402 or oig(@arts.gov. 24. Award Payment Confirmation for Audit Purposes To confirm the exact amount of an award payment received from us, you should FAX or mail your request to the Finance Office, National Endowment for the Arts; Room 624, 1100 Pennsylvania Avenue, N.W., Washington, DC 20506-0001. FAX 202/682-5679. [NOTE: Confirmation requests MUST include your official, legal name, and the grant or cooperative agreement number(s);otherwise the Finance Office will not be able to process your request.] National Endowment for the Arts (www,arts.gov) 17 General Terms Nov.2010 i 25. CFDA Numbers (Catalog of Federal Domestic Assistance) The CFDA tracks award programs in the Federal government and assigns each a specific number. CFDA numbers are also included on your award document: 45.024 Awards to Organizations and Individuals 45.025 Partnership Agreements 45.201 Arts &Artifacts Indemnity National Endowment for the Arts (www.arts.gov) 18 General Terms Nov. 2010 Office of Management & Budget (OMB) Circulars that Govern Your Awa rd 26. Uniform Administrative Requirements Nonprofit organizations and colleges and universities are subject to the provisions of OMB Circular A-110 (2 CFR 215) ("Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations"), as amended. Units of state and local governments and Federally- recognized Indian Tribal governments are subject to the administrative requirements codified by the Arts Endowment at„45 Code of Federal Regulations (CFR) Part 1157 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" ("Common Rule"). Both are available through a link on our Web site. The "Uniform Administrative Requirements" establish administrative standards to ensure consistency among recipients of Federal awards. These include financial and program management, property and procurement standards, cost sharing or matching, and reporting and record retention. These requirements, as applicable, are hereby incorporated into this award. 27. Cost Principles The allowability of costs for work performed under an Arts Endowment award shall be determined in accordance with the applicable Federal cost principles and the terms and conditions of the award. The following OMB Circulars set forth the Federal cost principles that, in general, apply to our recipients. They are available through a link on our Web site. These cost principles, as applicable, are hereby incorporated into this award: a. OMB Circular A-122 (2 CFR 230), "Cost Principles for Nonprofit Organizations," as amended: nonprofit organizations, exclusive of institutions of higher education; b. OMB Circular A-21 (2 CFR 220), "Cost Principles for Educational Institutions," as amended: public and private institutions of higher education; c. OMB Circular A-87 (2 CFR 225), "Cost Principles for State and Local Governments," as amended: state, local and Federally recognized Indian tribal governments; and d. Federal Acquisition Regulation (FAR) at 48 CFR Part 31 for commercial organizations, individuals, and those nonprofit organizations listed in Attachment C to OMB Circular A- 122 (2 CFR 230). The FAR is available online at www.arnet._govlfar. i National Endowment for the Arts (www.arts.gov) 19 General Terms Nov.2010 i National Policy and other Legal Requirements, Statutes, and Regulations that Govern Your Award 28, Nondiscrimination Policies You must execute projects, productions, workshops and programs in accordance with the following laws, where applicable. Copies of these regulations are available through links on our Web site and from our Office of Civil Rights, National Endowment for the Arts, 1100 Pennsylvania Avenue, N.W., Washington, DC 20506-0001. Telephone 202/682-5454; Voice/Text-Telephone (TTY) 2021682-5695; FAX 202/682-5553. a. Title VI of the Civil Rights Act of 1964, as amended, provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. Title VI also extends protection to persons with limited English proficiency. (42 U.S.C. 2000d et seq.) b. Title IX of the Education Amendments of 1972 provides that no person in the United States shall, on the basis of sex or blindness, be excluded from participation in, be denied benefits of, or be subject to discrimination under any education program or activity receiving Federal financial assistance. (20 U.S.C. 1681 and 1684 et seq.) c. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his/her disability, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. (29 U.S.C. 794) Section 504 -Self-Evaluation and Additional Resources. ® A Section 504 self-evaluation must be on file at your organization. For each award, review the evaluation to ensure that it is still accurate, that your organization is still in compliance, and that the activity supported by the Arts Endowment will be in compliance. The lack of a Section 504 self-evaluation is one of the most common findings referenced by our Inspector General when conducting an audit or review of our award recipients. We have developed a 504 Self Evaluation Workbook(which covers programs, activities and facilities) that you may use to determine if you are in compliance with 504 requirements. If you have not previously conducted this self-evaluation or wish to update the results of previously conducted evaluations, you may obtain the Workbook on our Web site: www.nea.aov/about/504Workbook.litmi. Or you may request a hard copy, free of charge, from the Arts Endowment's Office of Civil Rights at the phone numbers noted above. ® Design for Accessibility A Cultural Administrator's Handbook provides guidance on making access an integral part of an organization's staffing, mission, budget, and programs. Contact your State Arts Agency for a free copy of the book or you may purchase copies from the National Assembly of State Arts Agencies, 202/347-6352 or wvvw.nasaa-arts.org. National Endowment for the Arts (www.arts.gov) 20 General Terms Nov,2010 National Policy and other Legal Requirements, Statutes, and Regulations that Govern Your Award, cont. This Handbook and other resources may also be downloaded from the Arts Endowment's Web site at www.arts,gov/resources/Accessibill . If you have questions, contact the Office of Accessibility at 202/682-5733; FAX 202/682-5715, TTY 202/682-5496. d. The Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. (42 U.S.C. 6101 et seq.) e. The Americans with Disabilities Act of 1990 ("ADA") prohibits discrimination on the basis of disability in employment (Title 1), state and local government services (Title II), places of public accommodation and commercial facilities (Title 111). (42 U.S.C. 12101- 12213) 29. Environmental and Preservation Policies a. The National Environmental Policy Act of 1969, as amended, applies to any Federal funds that would support an activity that may have environmental implications. We may ask you to respond to specific questions or additional information requests in accordance with the Act. If there are environmental implications, we will then determine whether a categorical exclusion may apply, to undertake an environmental assessment or to issue a "finding of no significant impact," pursuant to applicable regulations and 42 U.S.C. Section 4332. b. The National Historic Preservation Act of 1966, as amended, applies to any Federal funds that would support either the planning or major renovation of any structure eligible for or on the National Register of Historic Places, in accordance with Section 106. This law also applies to project activities, such as new construction, that would affect such properties. We will consult with your State Historic Preservation Officer, as appropriate, to determine the impact of your plan or renovation on the structure or any affected properties. Any change in your design, renovation, or construction plans must be submitted to us for review and approval prior to undertaking any of the proposed changes. You may be requested to provide additional information on your project to ensure compliance with the Act. (16 U.S.C. 470). 30. Other National Policies a. Debarment and Suspension. You must comply with requirements regarding debarment and suspension in Subpart C of 2 CFR part 180, as adopted by the Arts Endowment in Title 2 CFR, Chapter 32, Part 3254. There are circumstances under which we may receive information concerning your fitness to carry out a project and administer Federal funds; for instance: • Conviction of, or a civil judgment for, the commission of fraud, embezzlement, theft, forgery, making false statements; National Endowment for the Arts ()A ww.arts.gov) 21 General Terms Nov. 2010 i National Policy and other Legal Requirements, Statutes, and Regulations that Govern Your Award, cont. • Any other offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility; and/or ® Any other cause of so serious or compelling a nature that it affects an organization's present responsibility. In these circumstances, we may need to act quickly to protect the interest of the government by suspending your funding while we undertake an investigation of the specific facts. We may coordinate our suspension actions with other Federal agencies that have an interest in our findings. A suspension may result in your debarment from receiving Federal funding government-wide for up to three years. b. The Drug-Free Workplace Act requires you to publish a statement about your drug-free workplace program. You must give a copy of this statement to each employee (including consultants and temporary personnel) who will be involved in award-supported activities at any site where these activities will be carried out. You must maintain on file the place(s) where work is being performed under this award (i.e., street address, city, state and zip code.) You must notify the Arts Endowment's Grants &Contracts Office of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. (41 U.S.C. 701 et seq. and 45 CFR Part 1154) Karen E—have we moved our codification of this into 2 CFR yet? I couldn't find it online. c. Lobbying You may not conduct political lobbying, as defined in the statutes, regulations and OMB Circulars listed below, within your Federally-supported project. In addition, you may not use Federal funds for lobbying specifically to obtain awards. For definitions and other information on these restrictions, refer to the following: (1) "No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy,or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities." National Endowment for the Arts (wA .arts.gov) 22 General Terms Nov.2010 Statutes and National Policy and other Legal Requirements, Regulations that Govern Your Award, cont. (2) OMB Circular A-122 (2 CFR 230) —"Lobbying" Revision clarifies that lobbying is an unallowable project cost. The Circular generally defines lobbying as conduct intended to influence the outcome of elections or to influence elected officials regarding pending legislation, either directly or through specific lobbying appeals to the public. You should review carefully both this Circular and Circular A-110 (2 CFR 215). (3) Certification Regarding Lobbying to Obtain Awards. Section 319 of Public Law 101-121, codified at 31 U.S.C. Sec. 1352, prohibits the use of Federal funds in lobbying members and employees of Congress, as well as employees of Federal agencies, with respect to the award or amendment of any Federal grant, cooperative agreement, contract, or loan. While non-Federal funds may be used for such activities, they may not be included in your project budget, and their use must be disclosed to the awarding Federal agency. Disclosure of lobbying activities by long-term employees (employed or expected to be employed for more than 130 days) is, however, not required. In addition, the law exempts from definition of lobbying certain professional and technical services by applicants and awardees. We strongly advise you to review these regulations carefully. They are published at 45 CFR Part 1158, and can be found at http•//www.al)oaccess.gov/nara/. d. The Native American Graves Protection and Repatriation Act of 1990 applies to any organization that controls or possesses Native American human remains and associated funerary objects and receives Federal funding, even for a purpose unrelated to the Act. (25 U.S.C. 3001 et seq.) e. U.S. Constitution education program. Educational institutions (includes but is not limited to "local educational agencies" and "institutions of higher education") receiving Federal funds from any agency are required to provide an educational program on the U.S. Constitution on September 17 [PL 108-447, Division J, Section 111(b)]. For more information on how to implement this requirement and suggested resources, see http://www ed gov/[egislation/FedReaister/other/2005-2/052405b.litmi, I f. Arts Endowment enabling legislation. You are also required to execute projects, productions, workshops and programs in accordance with the Arts Endowment's enabling legislation that requires "artistic excellence and artistic merit"to be included in the criteria upon which awards are made. g. Prohibition on use of funds to ACORN or its subsidiaries. Beginning in FY 10 (award number starts 10-), none of the Federal or matching funds expended for your award project may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. (P.L. 111-88 Sec. 427). i i i National Endowment for the Arts ()A ww.arts.gov) 23 General Terms Nov.2010 Subgranting i 31. Subgranting Per our legislation, only State Arts Agencies, Regional Arts Organizations, and designated Local Arts Agencies are eligible to subgrant Arts Endowment funds. A subgrant is an award made by a grantee or cooperator using award and/or matching funds (i.e., an award resulting from Arts Endowment support, but not one made directly by us). A subgrant exists when funds are regranted to an individual or an organization for activities conducted independently of the direct award recipient and for the benefit of the subgrantee's program objectives. A subgrant recipient is neither directly employed by nor affiliated with the direct award recipient. Please be aware that a subgrant relationship could exist even if you call the agreement a contract. General Subgranting Requirements a. NEW Requirements for Federal Funding Accountability and Transparency Act (FFATA) implementation of subaward reporting Effective with NEA awards beginning with the number 11-,you may be required to report subaward information to the federal subaward report database "fsrs.gov", as described in 2 CFR Part 170. ® You must report each action that obligates $25,000 or more in Federal funds for a subaward to an entity. Additional details will be provided in your award package and made available on our Web site as appropriate. b. Artistic Excellence and Artistic Merit. In accordance with the Arts Endowment's enabling legislation, you must include "artistic excellence and artistic merit" in the review criteria used to make the subgrant awards. (20 U.S.C. Sec. 951 at seq.) c. Subgranting to Eligible Organizations, Units of State and/or Local Government. I 501(c)(3) nonprofit organizations, units of state or local government, institutions of higher education, or Federally-recognized Indian tribal governments are eligible to receive funds subgranted through an Arts Endowment award. NEW: Effective with NEA awards beginning with the number 11-you may not make a subaward to an entity without a DUNS number. Thus, you must notify potential subrecipients that the entity cannot receive a subaward from you unless the entity has provided its DUNS number to you. (1) The Federal laws, rules, regulations and OMB Circulars that apply to Arts j Endowment organizational award recipients generally also apply to such organizations when they receive a subgrant through an Arts Endowment-supported award. Thus, you must inform subgrantees that they are receiving Federal National Endowment for the Arts (www.arts.gov) 24 General Terms Nov. 2010 Subgranting, cont. funds from the National Endowment for the Arts, and that they must comply with these mandates. You must also: • Provide them with your Federal award number and associated CFDA number. • Instruct them that there may be no overlapping project costs between two or more Federal awards, whether they receive them directly from a Federal agency or indirectly, such as through a state agency or other entity. (2) Additional Requirements for Subgranting to Organizations and Individuals. Your subgrant agreements must include a requirement that the subgrantee: (a) provides you with final reports and any other information or reports necessary for you to fulfill all applicable Federal reporting requirements; (b) adheres to the prohibition against lobbying within a Federally-supported grant or cooperative agreement; (c) uses U.S. air carriers for approved foreign travel; and (d) maintains records pertinent to the award for three years following submission of their final report to you. d. Progress reports. State Arts Agencies (SAAs) should require a progress report from their subgrantees, with discretion to determine when these reports must be submitted. e. Time extensions. You should request a period of support time extension (not a final report due date extension)from the Arts Endowment whenever a subgrantee's project cannot be completed within your award period. See Item 7. f. Subgrantee records. You must keep subgrantees' report submissions on file for three years from the date you submit your Federal Financial Report to the Arts Endowment. National Endowment for the Arts (mm.arts.gov) 25 General Terms Nov. 2010 i i Questions 32. Arts Endowment Staff Cooperators, please refer to your cooperative agreement for names of contact persons available to answer questions. Grantees, if you have any questions concerning administrative or technical requirements, please contact the Grants & Contracts Office at 202/682-5403 or grantsna arts.gov. For programmatic requirements please contact the program discipline/field or office identified in your award document at area code 202: Program discipline areas Accessibility 682-5733 Museum 682-5452 Artist Communities 682-5790 Music A— M 682-5590 Dance 682-5438 N—Z 682-5487 Design 682-5438 Musical Theater 682-5509 Folk &Traditional Arts 682-567815726 Opera 682-5600 International 682-563015766 Presenting 682-5658 Literature 682-5707 State & Regional 682-5430 Local Arts Agencies 682-5586 Theater 682-5020 /5509 Media Arts 682-5452 Visual Arts 682-5452 Challenge America Fast-Track 682-5700 Learning in the Arts for Children and Youth Design, Media Arts, Museums, Visual Arts 682-5704 Folk& Traditional, Local Arts Agencies, Multidisciplinary/ Presenting 682-5690 Literature, Musical Theater, Theater 682-5521 Dance, Music, Opera 682-5044 Accessibility Resources Individuals who are deaf or hard-of-hearing may call 2021682-5496 TTY. Individuals who do not use conventional print may access this document on our Web site or by contacting the Office for Accessibility at 202/682-5733 for help acquiring an audio recording of these General Terms or any other Arts Endowment publication. Individuals with limited English proficiency or recipients serving such individuals should contact the Office of General Counsel at 202/682-5418 or by e-mail at ogcCa2arts.gov. You can also find information at www.lep.gov. National Endowment for the Arts (www.arts.gov) 26 General Terms Nov. 2010 1 SAMPLE PERSONNEL ACTIVITY REPORT (TIME AND EFFORT REPORT) Organization Name: Employee's Name: Week Ending: Activity Distribution of Time Arts Endowment: 1. Grantor DCA#: % 2. Grantor DCA#: % Other: 3. Project name: 4. Project name: % 5. Project name: % Administrative: % Fundraising: ---------------------- ---- ---- % Leave: Sick % ---_.-._..--..__.._.—_.____.._.__-._._.__._._._.__-._.—_.__-.__-. Vacation --...-------__._ - - ----- - --- -- - ---- Other (specify): % TOTAL: 100 % Employee's Signature: Date: Supervisor's Signature: Date: In preparing personnel activity reports, please note the following: • The reports must be based on an after-the-fact determination of the employee's actual activities (i.e., these cannot be estimated in advance). For example,the distribution of time might be determined based on notes from personal calendars and/or reasonable estimates of time spent on various activities. • All of the employee's compensated time must be accounted for in these reports. This would include time spent on activities in addition to the Arts Endowment-supported project(s), as well as leave (sick/vacation/holiday), administrative duties, etc. NOTE: For nonprofessional employees, you must also maintain records indicating the total number of hours worked each day in conformance with the Fair Labor Standards Act(29 CFR Part 516). • The reports must be signed by the employee and a responsible supervisory official. • Reports must coincide with one or more pay periods and be used to reconcile salary and fringe benefit costs to appropriate accounts on a regular(at least monthly) basis. • Unless otherwise specified in the award document or if you are on an alternative method of funding,the Arts Endowment waives the requirement to maintain formal personnel activity reports for organizations receiving an award of less than $50,000 (or an award given earlier than FY 05 of $25,000 or less). National Endowment for the Arts (www.arts.gov) 27 General Terms Nov.2010 i !I SAMPLE HOURLY: Personnel Activity Report (Time & Effort Report) Organization Name: Weekly/Pay Period Ending: _ Employee's Name: Total Possible Hours Per Week: _ Employment Activity Number of Hours Worked `A) Funded by NEA�Award#, Regular Hours Vacation/Sick/Other Leave (allowable if such leave is included in compensation) SUBTOTAL A: B) Supported by other NEA Funding. (There can be no overlapping cost am"Federetawards) Award #: Award#: Award#: SUBTOTAL B: C) Work, not funded by the;NEA or,other Federal Awards Regular Hours Vacation/Sick/Other Leave SUBTOTAL C: GRAND TOTAL 11 Hours Worked:for the Period (A+B +C) Employee's Signature and Date: Supervisor's Signature and Date: I In preparing personnel activity reports, please note the following: 1. The reports must be based on an after-the-fact determination of the employee's actual activities (i.e., these cannot be estimated in advance). For example, the distribution of time might be determined based on notes from personal calendars and/or reasonable estimates of time spent on various activities. 2. All of the employee's compensated time must be accounted for in these reports. This would include time spent on activities in addition to the Arts Endowment-supported project(s), as well as leave (sick/vacation/holiday), administrative duties, etc. NOTE: For nonprofessional employees, you must also maintain records indicating the total number of hours worked each day in conformance with the Fair Labor Standards Act(29 CFR Part 516). 3. The reports must be signed by the employee and a responsible supervisory official. 4. Reports must coincide with one or more pay periods and be used to reconcile salary and fringe benefit costs to appropriate accounts on a regular (at least monthly) basis. 5. Unless otherwise specified in the award document or if you are on an alternative method of funding, the Arts Endowment waives the requirement to maintain formal personnel activity reports for organizations receiving an award of less than$50,000 (or an award given earlier than FY 05 of$25,000 or less). National Endowment for the Arts (www.arts.goy) 28 General Terms Nov.2010 KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: July 5, 2011 SUBJECT: Perkins Storage Building Lease Agreement - Authorize MOTION: Authorize the Mayor to sign the lease agreement with Charlie and Shirley Perkins for the property located at 715 W. Meeker Street in Kent for $4,750 per month, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: This is a renewal of a lease that we began 5 years ago when the City sold the "Red Barn" on Railroad Avenue. The Perkins Building is 6,350 square feet of building space on a 25,000 square foot lot located at 715 W. Smith Street. The space provides three buildings that store materials and supplies for Facilities, Home Repair and Cultural Arts. The City subleases space to the Lions club and they store the equipment and supplies that they use for their many functions that occur in Kent throughout the year. Before renewing this lease, staff searched for pricing on comparable sized properties in the City that would be close enough to City Hall to serve our needs. No other properties fit the criteria for location, layout and price. Staff feels it is in the City's best interest to renew the lease with Mr. Perkins for the building located at 715 W. Smith Street in Kent. EXHIBITS: Lease Agreement and Staff Memo RECOMMENDED BY: Parks & Human Services Committee 6/16/11 BUDGET IMPACTS: The expenditure of $4,750/month impacts the Facilities Operating Budget CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES Charlie Lindsey, Facilities Superintendent v �, 220 4`"Avenue South was ..T.o Kent, WA98032 Fax: 253-856-6080 PHONE: 253-856-5080 To: Jeff Watling, Director Kent Parks, Recreation and Community Services From: Charlie Lindsey, Superintendent of Facilities Management Date: June 8, 2011 Re: Perkins Building Lease Agreement I am requesting authorization for the Mayor to sign a lease agreement for a property located at 715 W. Smith Street. This is a renewal of a lease that we began 5 years ago when the City sold the 'Red Barn" on Railroad Avenue. There is 6,350 square feet of building space and a 25,000 square foot lot. This space provides a place for Facilities, Home Repair, Cultural Arts and the Lions Club. The City subleases space to the Lions club and they store the equipment and supplies that they use for their many functions that occur in Kent throughout the year. Home repair uses it to store their building supplies for their Community based repair program. Cultural Arts uses it to store paraphernalia that they use for their programs. Facilities uses the space to store furniture parts, basketball hoops, HVAC filters and other miscellaneous equipment and supplies needed to be stored until such time as it can be used. In anticipation of renewing this lease I searched for pricing on comparable sized properties in the City that would be close enough to City Hall to serve our need. I was able to locate one property, which was the property that formerly housed a liquidator company just west of the Union Pacific Railroad tracks that can be seen from Titus street as you approach the Highway 167 on ramp going north. This property has a 6,500 square foot building with a 23,000 square foot lot. I was told that the property was close in size to what we currently have in terms of building and fenced lot. The lease price I was quoted was $4,500 per month. For that small saving I determined that we were better where we were for the following reasons. Currently we have three buildings. The Lions Club has one, Facilities and Cultural Arts have one and Home Repair has its own building. The Liquidator Property has one building that would require us to figure someway to provide individual security for each user and then there would be the cost of the move. i I I I I LEASE AGREEMENT THIS LEASE is entered into between CHARLIE AND SHIRLEY PERKINS, a married couple ("Landlord"), whose mailing address is 17817 1461h Avenue SE, Renton, WA 98058, and THE CITY OF KENT, a Washington municipal corporation ("Tenant"), whose mailing address is 220 Fourth Avenue South, Kent, Washington 98032. 1. PREMISES The Landlord hereby lets and leases to Tenant the property located at 715 W. Smith, Kent, Washington. The area so leased is hereinafter called "the Premises" and is depicted in Exhibit "A" attached and incorporated by this reference. 2. USE The Premises shall be used only for any legal use, and for no other business or purpose without the prior written consent of Landlord. No act shall be done on or around the Premises that is unlawful or that will increase the existing rate of insurance on the Premises. Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance. 3. TERM The Term of this Lease shall commence on April 1, 2011 (the "Commencement Date"), and shall continue for a period of two (2) years, with the Tenant's option to renew for one (1) additional one (1) year period. This Term can only be extended by written agreement between the parties. Except as specified elsewhere in this Lease, Landlord represents and warrants to Tenant that the Premises, including the structural condition of the Premises and the condition of all mechanical, electrical and other systems on the Premises are in a safe, good and usable condition sufficient to meet Tenant's intended uses. Prior to the end of the Term, Tenant may terminate this Lease by giving Landlord twenty (20) days written notice prior to the end of the month. 4. RENT Tenant shall pay Landlord the amount of Four Thousand Seven Hundred Fifty and No/100 Dollars ($4,750.00) per month, on or before the first day of each month during the Lease Term, and will pay for the annual catch basin cleaning, and any other additional payments due to Landlord (collectively the "Rent") when required under this Lease. Payments for any partial month at the beginning or end of the Lease Term shall be prorated. j I Tenant shall endeavor to pay Landlord under this Lease by the fifth (51h) day of each month. If any sums payable by Tenant to Landlord under this Lease are not received by the fifteenth (15th) day of each month, Tenant shall pay Landlord, at Landlord's option, One Hundred and No/100 Dollars ($100.00) in addition to the amount due, for the cost of collecting and handling such late payment. In addition, all delinquent sums payable by Tenant to Landlord and not paid within fifteen (15) days of the due date shall, at Landlord's option, bear interest at the rate of eight percent (8%) per annum. Interest on all delinquent amounts shall be calculated from the original due date to the date of payment. LEASE AGREEMENT— Page 1 of 15 (between the City of Kent and Perkins) 5. SECURITY DEPOSIT Landlord acknowledges that Tenant has paid the sum of One Thousand and No/100 Dollars ($1,000.00) to Landlord as a Security Deposit under the prior lease for the Premises between the parties dated March 28, 2006. Landlord may commingle the Security Deposit with its other funds. If Tenant breaches an covenant or condition of this Lease, including but not limited to the payment of Rent, Landlord may apply all or any part of the Security Deposit to the payment of any sum in default and any damage suffered by Landlord as a result of Tenant's breach. In such event, Tenant shall, within five (5) days after written demand therefore by Landlord, deposit with Landlord the amount so applied. Any payment to Landlord from the Security Deposit shall not be construed as a payment of liquidated damages for any default. If Tenant complies with all of the covenants and conditions of this Lease throughout the Lease Term or any earlier termination as provided for in Section 3, the Security deposit shall be repaid to Tenant without interest within thirty (30) days after the vacation of the Premises by Tenant. 6. TAXES Tenant shall reimburse Landlord for all Taxes applicable to the Premises during the Lease Term. Landlord shall present to Tenant a copy of a statement showing the amount paid by Landlord for Taxes, along with satisfactory evidence that payment of Taxes has been made by Landlord. Tenant shall then reimburse Landlord for Taxes with Tenant's next rent installment. If any Taxes paid by Tenant cover any period of time before or after the expiration of the Term or any earlier termination as provided for in Section 3, Tenant's share of those Taxes paid will be prorated to cover only the period of time within the tax fiscal year during which this Lease was in effect, and Landlord shall promptly reimburse Tenant to the extent required. The term "Taxes" shall mean: (i) any form of real estate tax or assessment imposed on the Premises by any authority, including any city, state or federal government, or any improvement district, as against any legal or equitable interest of Landlord or Tenant in the Premises or in the real property of which the Premises are a part, or against rent paid for leasing the Premises; and (ii) any form of personal property tax or assessment imposed on any personal property, fixtures, furniture, tenant improvements, equipment, inventory, or other items, and all replacements, improvements, and additions to them, located on the Premises, whether owned by Landlord or Tenant. "Taxes" shall include any net income tax imposed on Landlord for income that Landlord receives under this Lease. Tenant may contest the amount or validity, in whole or in part, of any Taxes at its sole expense. Upon the termination of any such proceedings, Tenant shall pay the amount of such Taxes or part of such Taxes as finally determined, together with any costs, fees, interest penalties, or other related liabilities. Landlord shall cooperate with Tenant in contesting any Taxes, provided Landlord incurs no expense or liability in doing so. 7. RE-DELIVERY Tenant, at the expiration of the Term, any extension of the Term, or upon any sooner termination of this Lease, will, without notice, quit and deliver up the Premises to the Landlord peaceably, quietly, and in as good order and condition as the same now are, reasonable use and wear excepted. S. ALTERATIONS LEASE AGREEMENT— Page 2 of 15 (between the City of Kent and Perkins) i Tenant may make alterations, additions or improvements to the Premises, including any Tenant's Work identified in Exhibit B ("Alterations"), with the prior written consent of Landlord, which shall not be unreasonably withheld. The term "Alterations" shall not include the installation of shelves, moveable partitions, Tenant's equipment, and trade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises, and Landlord's consent shall not be required for Tenant's installation of those items. Tenant shall complete the Alterations at Tenant's expense in compliance with all applicable laws and in accordance with plans and specifications approved by Landlord, and using contractors approved by Landlord. Landlord shall be deemed the Owner of all Alterations except for those which Landlord requires to be removed at the end of the Lease Term or any earlier termination of the Lease. Tenant shall remove all Alterations at the end of the Lease Term or any earlier termination of the Lease unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove such Alteration. Tenant shall repair any damages to the Premises caused by the removal of Alterations. If Tenant performs work with the consent of the Landlord, Tenant agrees to comply with all laws, ordinances, rules, and regulations of the City, County, and any other authorized public authority. 9. REPAIRS AND MAINTENANCE The Premises are being leased "as is." Landlord is not obligated to make any repairs to the Premises, except as described in this Section. Tenant shall, at its sole expense, maintain the Premises in good condition and promptly make all repairs and replacements, whether structural or non-structural, necessary to keep the Premises in safe operating condition, including all utilities and other systems serving the Premises, but excluding the roof, foundation and exterior walls, which Landlord shall maintain in good condition and repair at Landlord's expense. Tenant shall not damage any demising wall or disturb the structural integrity of the Premises and shall promptly repair any damage or injury done to any such demising walls or structural elements caused by Tenant or its employees, agents, contractors, or invitees. Notwithstanding anything in this Section to the contrary, Tenant shall not be responsible for any repairs to the Premises made necessary by the negligence or willful misconduct of Landlord or its agents, employees, contractors or invitees therein. 10. ACCESS AND RIGHT OF ENTRY After reasonable notice from Landlord (except in cases of emergency, where no notice is required), Tenant shall permit Landlord and its agents, employees and contractors to enter the Premises at all reasonable times to make repairs, inspections, alterations or improvements. This Section shall not impose any repair or other obligation upon Landlord not expressly stated elsewhere in this Lease. After reasonable notice to Tenant, Landlord shall have the right to enter the Premises for the purpose of showing the Premises to prospective purchasers or lenders at any time, and to prospective tenants within 180 days prior to the expiration or sooner termination of the Lease Term, and for posting 'for lease" signs within 180 days prior to the expiration or sooner termination of the Lease Term. 11. SIGNAGE Tenant shall obtain Landlord's written consent before installing any signs upon the Premises, which shall not be unreasonably withheld or delayed. Tenant shall install any approved signage at Tenant's sole expense and in compliance with all applicable laws. Tenant shall not damage or deface the Premises in installing or removing signage and shall repair any injury or damage to the Premises caused by such installation or removal. LEASE AGREEMENT— Page 3 of 15 (between the City of Kent and Perkins) 12. DESTRUCTION OR CONDEMNATION a. Damage and Repair. If the Premises are entirely destroyed or partially damaged by fire or other casualty, then Tenant may, at its sole option, within fourteen (14) days of the event causing the damage, terminate this Lease by providing Landlord written notice of termination. If Tenant does not terminate this Lease and if the Premises are partially damaged but not rendered untenantable, Landlord shall diligently restore the Premises. Landlord shall have no obligation to restore the Premises if insurance proceeds are not available to pay the entire cost of such restoration. If insurance proceeds are available to Landlord but are not sufficient to pay the entire cost of restoring the Premises, the Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying Tenant within thirty (30) days of the date of such casualty. If the Premises are entirely destroyed and rendered untenantable, by fire or other casualty, and if Tenant has not exercised its right to terminate as provided above, Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore the Premises to their previous condition. If Landlord restores the Premises under this Section, Landlord shall proceed with reasonable diligence to complete the work, and the base monthly rent shall be abated in the same proportion as the untenantable portion of the Premises bears to the whole Premises, provided that there shall be a rent abatement only if the damage or destruction of the Premises did not result from, or was not contributed to directly or indirectly by the act, fault or neglect of Tenant, or Tenant's officers, contractors, licensees, subtenants, agents, servants, employees, guests, invitees or visitors. Provided Landlord complies with its obligations under this Section, no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business, or annoyance directly, incidentally or consequentially arising from any repair or restoration for any portion of the Premises. Landlord will not carry insurance of any kind for the protection of Tenant or any improvements paid for by Tenant or as provided in Exhibit B or on Tenant's furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord shall not be obligated to repair any damage thereto or replace the same unless the damage is caused by Landlord's negligence or willful misconduct. b. If the Premises are made untenantable by eminent domain, or conveyed under a threat of condemnation, this Lease shall automatically terminate as of the earlier of the date title vests in the condemning authority or the condemning authority first has possession of the Premises and all Rents and other payments shall be paid to that date. In case of taking of a part of the Premises that does not render the Premises untenantable, then this Lease shall continue in full force and effect and the base monthly rental shall be equitably reduced based on the proportion by which the floor area of any structures is reduced, such reduction in Rent to be effective as of the earlier of the date the condemning authority first has possession of such portion or title vests in the condemning authority. Landlord shall be entitled to the entire award from the condemning authority attributable to the value of the Premises and Tenant shall make no claim for the value of its leasehold. Tenant shall be permitted to make a separate claim for the value of its leasehold. Tenant shall be permitted to make a separate claim against the condemning authority for moving expenses or damages resulting from interruption in its business, provided that in no event shall Tenant's claim reduce Landlord's award. �I LEASE AGREEMENT— Page 4 of 15 (between the City of Kent and Perkins) 13. UTILITIES Landlord shall not be responsible for providing any utilities to the Premises, but represents and warrants to Tenant that as of the Commencement Date, electricity, water, sewer and telephone utilities are available at or adjacent to the Premises. Tenant shall determine whether the available capacity of such utilities will meet Tenant's needs. Tenant shall install and connect, if necessary, and directly pay for all water, sewer, gas, janitorial, electricity, garbage removal, heat, telephone and other utilities and services used by Tenant on the Premises during the Term, whether or not such services are billed directly to Tenant. Tenant will also procure, or cause to be procured, without cost to Landlord, all necessary permits, licenses or other authorizations required for the lawful and proper installation, maintenance, replacement and removal on or from the Premises of wires, pipes, conduits, tubes and other equipment and appliances for use in supplying all utilities or services to the Premises. Landlord, upon request of Tenant, and at the sole expense and liability of Tenant, shall join with Tenant in any application required for obtaining or continuing such utilities or services. 14. INSURANCE a. Liability insurance. During the Lease Term, Tenant shall pay for and maintain commercial general liability insurance with broad form property damage and contractual liability endorsements. At Landlord's option, this policy shall name Landlord and Landlord's lender(s) as an additional insured. This policy shall insure Tenant's activities and those of Tenant's employees, officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors with respect to the Premises against loss, damage or liability for personal injury or bodily injury (including death) or loss or damage to property with a combined single limit of not less than $1,000,000, and a self-insured retention of not more than $100,000. The insurance will be non-contributory with any liability insurance carried by Landlord. b. Property insurance. During the Lease Term, Tenant shall pay for and maintain special form property insurance (with coverage for earthquake and, if the Premises are in a flood plain, flood damage) for the Premises, in an amount sufficient to prevent Landlord or Tenant from becoming a co-insurer under the terms of the policy, and in an amount not less than the full replacement cost of the Premises, with a deductible of not more than $10,000. The property insurance policy shall name Tenant as the insured and Landlord and Landlord's lender(s) as additional insureds, with loss payable to Landlord, Landlord's lender(s), and Tenant as their interests may appear. In the event of a casualty loss on the Premises, Landlord may apply insurance proceeds under the property insurance policy in the manner described in Section 12(a). c. Miscellaneous. Insurance required under this Section shall be with companies rated A-V or better in Best's Insurance Guide, and which are authorized to transact business in the State of Washington. No insurance policy shall be cancelled or reduced in coverage and each such policy shall provide that it is not subject to cancellation or a reduction in coverage except after thirty (30) days prior written notice to Landlord. At Landlord's option, Tenant shall deliver to Landlord upon commencement of the Lease and from time to time thereafter, copies of the insurance policies or certificates of insurance and copies of endorsements required by this Section. In no event shall the limit of such policies be considered as limiting the liability of Tenant under this Lease. LEASE AGREEMENT— Page 5 of 15 (betweel) the City of Kent and Perkins) d. Waiver of Subrogation. Landlord and Tenant hereby release each other and any other tenant, their agents or employees, from responsibility for, and waive their entire claim of recovery for any loss or damage arising from any cause covered by insurance required to be carried by each of them. Each party shall provide notice to the insurance carrier or carriers of this mutual waiver of subrogation, and shall cause its respective insurance carriers to waive all rights of subrogation against the other. This waiver shall not apply to the extent of the deductible amounts to any such policies or to the extent of liabilities exceeding the limits of such policies. 15. INDEMNIFICATION/HOLD HARMLESS Tenant shall defend, indemnify and hold Landlord harmless against all liabilities, damages, costs and expenses, including attorneys' fees, for personal injury, bodily injury (including death) or property damage arising from any negligent or wrongful act or omission of Tenant or Tenant's officers, contractors, licensees, subtenants, agents, servants, employees, guests, invitees, or visitors on or around the Premises, or arising from any breach of this Lease by Tenant. Tenant shall use legal counsel acceptable to Landlord in defense of any action within Tenant's defense obligation. Landlord shall defend, indemnify and hold Tenant harmless against all liabilities, damages, costs, and expenses, including attorneys' fees, for personal injury, bodily injury (including death) or property damage arising from any negligent or wrongful act or omission of Landlord or Landlord's officers, contractors, licensees, agents, servants, employees, guests invitees or visitors on or around the Premises, or arising from any breach of this Lease by Landlord. Landlord shall use legal counsel acceptable to Tenant in defense of any action within Landlord's defense obligation. The provisions of this Section shall survive expiration or termination of this Lease. 16. LIENS AND INSOLVENCY Tenant shall keep the Premises and property in which the Premises are situated, free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. Tenant shall indemnify and hold Landlord harmless from liability for any such liens including, without limitation, liens arising from any Alterations. If a lien is filed against the Premises by an person claiming by, through or under the Tenant, Tenant shall, upon request of Landlord, at Tenant's expense, immediately furnish to Landlord a bond in form and amount and issued by a surety satisfactory to Landlord, indemnifying Landlord and the Premises against all liabilities, costs and expenses, including attorneys' fees, which Landlord could reasonably incur as a result of such lien(s). 17. ASSIGNMENT i Tenant shall not assign, sublet, mortgage, encumber or otherwise transfer any interest in this Lease (collectively referred to as a "Transfer") or any part of the Premises, without first obtaining Landlord's written consent, which shall not be unreasonably withheld or delayed. No Transfer shall relieve Tenant of any liability under this Lease notwithstanding Landlord's consent to such Transfer. Consent to any such Transfer shall not operate as a waiver of the necessity for Landlord's consent to any subsequent Transfer. As a condition to Landlord's approval, if given, any potential assignee or sublessee otherwise approved by Landlord shall assume all obligations of Tenant under this Lease and shall be jointly and severally liable with Tenant and any guarantor, if required, for the payment of Rent and performance of all terms of this Lease. In connection with any Transfer, Tenant shall provide Landlord with copies of all assignments, subleases and assumption instruments. LEASE AGREEMENT— Page 6 of 15 (between the City of Kent and Perkins) This Lease shall be assignable by Landlord without the consent of Tenant. In the event of any transfer or transfers of Landlord's interest in the Premises, other than a transfer for security purposes only, upon the assumption of this Lease by the transferee, Landlord shall be automatically relieved of obligations and liabilities accruing from and after the date of such transfer, except for any retained security deposit or prepaid rent, and Tenant shall attorn to the transferee. 18. DEFAULT The following occurrences shall each be deemed an Event of Default: a. Failure to Pay. Tenant fails to pay any sum, including Rent, due under this Lease following fourteen (14) days written notice from Landlord of the failure to pay. b. Vacation/Abandonment. Tenant vacates the Premises (defined as an absence for at least fifteen (15) consecutive days without prior notice to Landlord), or Tenant abandons the Premises (defined as an absence of five (5) days or more while Tenant is in breach of some other term of this Lease). Tenant's vacation or abandonment of the Premises shall not be subject to any notice or right to cure. i c. Insolvency. Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or a receiver, assignee or other liquidating officer is appointed for Tenant's business, provided that in the event of any involuntary bankruptcy or other insolvency proceedings, the existence of such proceeding shall constitute an Event of Default only if such proceeding is not dismissed or vacated within sixty (60) days after its institution or commencement. d. Levy or Execution. Tenant's interest in this Lease or the Premises, or any part thereof, is taken by execution or other process of law directed against Tenant, or is taken upon or subjected to any attachment by any creditor of Tenant, if such attachment is not discharged within fifteen (15) days after being levied. e. Other Non-Monetary Defaults. Tenant breaches any agreement, term or covenant of this Lease other than one requiring the payment of money and not otherwise enumerated in this Section, and the breach continues for a period of thirty (30) days after notice by Landlord to Tenant of the breach. 19. REMEDIES Landlord shall have the following remedies upon an Event of Default. Landlord's rights and remedies under this Lease shall be cumulative, and none shall exclude any other right or remedy allowed by law. a. Termination of Lease. Landlord may terminate Tenant's interest under the Lease, but no acts by Landlord other than written notice of termination from Landlord to Tenant shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, Tenant will remain liable to Landlord for damages in an amount equal to the rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease Term, less the net proceeds, if any, of re-letting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (as defined below). LEASE AGREEMENT— Page 7 of 15 (between the City of Kent and Perkins) Landlord shall be entitled to either collect damages from Tenant monthly on the days on which rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant: (i) unpaid rent which had been earned at the time of termination; (ii) the amount by which the unpaid rent which would have been earned after termination until the time the award exceeds the amount of rent loss that Tenant proves could reasonably have been avoided; (iii) the amount by which the unpaid rent for the balance of the Term of the Lease after the time of the award exceeds the amount of rent loss that Tenant proves could reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus 1%); and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under the Lease, or which in the ordinary course would be likely to result from the Event of Default, including without limitation, Reletting Expenses described in the following Section. b. Re-Entry and Reletting. Landlord may continue this Lease in full force and effect, and without demand or notice, re-enter and take possession of the Premises or any part thereof, expel the Tenant from the Premises and anyone claiming through or under the Tenant, and remove the personal property of either. Landlord may relet the Premises, or any part of them, in Landlord's or Tenant's name for the account of Tenant, for such period of time and at such other terms and conditions, as Landlord, in its discretion, may determine. Landlord may collect and receive the rents for the Premises. Re-entry or taking possession of the Premises by Landlord under this Section shall not be construed as an election on Landlord's part to terminate this Lease, unless a written notice of termination is given to Tenant. Landlord reserves the right following any re-entry or reletting, or both, under this Section to exercise its right to terminate the Lease. Tenant will pay Landlord the rent and other sums which would be payable under this Lease if repossession had not occurred, less the net proceeds, if any, after reletting the Premises, after deducting Landlord's Reletting Expenses. "Reletting Expenses" is defined to include all expenses incurred by Landlord in connection with reletting the Premises, including without limitation, all repossession costs, brokerage commissions, attorneys' fees, remodeling and repair costs, costs for removing and storing Tenant's property and equipment, and tenant improvements and rent concessions granted by Landlord to any new Tenant, for a period of six (6) months from date of default. c. Waiver of Redemption Rights. Tenant, for itself, and on behalf of any and all persons claiming through or under Tenant, including creditors of any kinds, hereby waives and surrenders all rights and privileges which they may have under any present or future law, to redeem the Premises or to have a continuance of this Lease for the Lease Term, as it may have been extended. d. Nonpayment of Additional Rent. All costs which Tenant agrees to pay to Landlord pursuant to this Lease shall in the event of nonpayment be treated as if they were payments of Rent, and Landlord shall have all the rights herein provided for in case of nonpayment of Rent. e. Failure to Remove Property. If Tenant fails to remove any of its property from the Premises at Landlord's request following an uncured Event of Default, Landlord may, at its option, remove and store the property at Tenant's expense and risk. If Tenant does not pay the storage costs within five (5) days of Landlord's request, Landlord may, at its option, have any or all of such property sold at public or private sale (and Landlord LEASE AGREEMENT— Page 8 of 15 (between the City of Kent and Perkins) may become a purchaser at such sale), in such manner as Landlord deems proper, upon written notice to Tenant. Landlord shall apply the proceeds of such sale: (i) to the expense of such sale, including reasonable attorneys' fees actually incurred; (ii) to the payment of the costs or charges for storing such property; (iii) to the payment of any other sums of money which may then be or thereafter become due Landlord from Tenant under any of the terms hereof; and (iv) the balance, if any to Tenant. Nothing in this Section shall limit Landlord's right to sell Tenant's personal property as permitted by law or to foreclose Landlord's lien for unpaid rent. i 20. HAZARDOUS MATERIALS Landlord represents and warrants to Tenant that to the best of Landlord's knowledge, there is no "Hazardous Material" (as defined below) on, in or under the Premises as of the Commencement Date, excepts as otherwise disclosed to Tenant in writing before the execution of this Lease. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about, or disposed of on the Premises by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances As used herein, the term "Hazardous Material" means any hazardous, dangerous, toxic or harmful substance, material or waste including biomedical waste which is or becomes regulated by any local governmental authority, the State of Washington or the United States government due to its potential harm to the health, safety or welfare of humans or the environment. The provisions of this Section shall survive expiration or termination of this Lease. 21. NOTICES All notices to be given by the parties hereto shall be in writing and effective (i) when delivered in person, or (ii) three (3) days after being sent by United States registered or certified mail, postage prepaid, to Landlord or Tenant at the below-listed addresses or a later changed address provided in writing: LANDLORD: Charlie and Shirley Perkins 17817 146`h Avenue SE Renton, WA 98058 TENANT: City of Kent Attn: Facilities Management Superintendant 220 Fourth Avenue S Kent, Washington 98032 (253) 856-5700 22. NON-WAIVER LEASE AGREEMENT— Page 9 of 15 (between the City of Kent and Perkins) The failure of Landlord to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of the covenants and agreements of this Lease, or any other covenant or agreements, but the same shall be and remain in full force and effect. The acceptance by Landlord of Rent or other amounts due by Tenant hereunder shall not be deemed to be a waiver of any breach by Tenant preceding such acceptance. 23. COSTS AND ATTORNEYS FEES If by reason of any default on the part of Tenant it becomes necessary for Landlord to use an attorney, or if Tenant shall bring any action for any relief against Landlord, declaratory or otherwise, arising out of this Lease, each party shall pay its own legal costs and attorney fees, including costs and fees for any appeals. 24. HEIRS AND SUCCESSORS Subject to the assignment and subletting provisions, the covenants and agreements of this Lease shall bind the heirs, executors, administrators, legal representatives, successors and assigns of any or all of the parties. 25. HOLDOVER If Tenant shall, without the written consent of Landlord, holdover after the expiration or termination of this Lease, such tenancy shall be a month to month tenancy, terminable as provided by the laws of the State of Washington. During such tenancy, the rate of rental shall remain equal to the rate last payable under this Lease. 26. SUBORDINATION This Lease shall automatically be subordinate to any mortgage or deed of trust created by Landlord which is no existing or hereafter placed upon the Premises including any advances, interest, modifications, renewals, replacements or extensions ("Landlord's Mortgage"), provided the holder of any Landlord's Mortgage or any person(s) acquiring the Premises at any sale or other proceeding under any such Landlord's Mortgage shall elect to continue this Lease in full force and effect. Tenant shall attorn to the holder of any Landlord's Mortgage or any person(s) acquiring the Premises at any sale or other proceeding under any Landlord's Mortgage provided such person(s) assume the obligations of Landlord under this Lease. Tenant shall promptly and in no event later than fifteen (15) days after request execute, acknowledge and deliver documents which the holder of any Landlord's Mortgage may reasonably require as further evidence of this subordination and attornment. Notwithstanding the foregoing, Tenant's obligations under this Section are conditioned on the holder of each Landlord's Mortgage and each person acquiring the Premises at any sale or other proceeding under any such Landlord's Mortgage not disturbing Tenant's occupancy and other rights under this Lease, so long as no uncured Event of Default exists. 27. QUIET ENJOYMENT So long as Tenant pays the Rent and performs all of its obligations in this Lease, Tenant's possession of the Premises will not be disturbed by Landlord or any claiming by, through, or under Landlord, or by the holders of any mortgage of Landlord, or any successor thereto. LEASE AGREEMENT— Page 10 of 15 (between the City of Kent and Perkins) I 28. GENERAL a. Entire Agreement. This Lease contains all of the covenants and agreements between Landlord and Tenant relating to the Premises. No prior or contemporaneous agreements or understanding pertaining to the Lease shall be valid or of any force or effect and the covenants and agreements of this Lease shall not be altered, modified or added to except in writing signed by Landlord and Tenant. b. Severability. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision of this Lease. c. Force Majeure. Tim periods for either party's performance under any provisions of this Lease (excluding payment of Rent) shall be extended for periods of time during which the party's performance is prevented due to circumstances beyond such party's control, including without limitation, fires, floods, earthquakes, lockouts, strikes, embargoes, governmental regulations, acts of God, public enemy, war or other strife. d. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Washington. e. Authority of Parties. Any individual signing this Lease on behalf of an entity represents and warrants to the other that such individual has authority to do so and, upon such individual's execution, that this Lease shall be binding upon and enforceable against the party on behalf of whom such individual is signing. f. Effective Date: This Lease Agreement shall take effect and commence on the last date entered under the Landlord's or the Tenant's signatures below. The foregoing conditions are mutually agreed to by Landlord and Tenant. LANDLORD(S): TENANT: CITY OF KENT Charlie Perkins By: Suzette Cooke Dated: Its: Mayor Dated: I Shirley Perkins Dated: APPROVED AS TO FORM: Kent Law Department PACMIIF&.e Open Files10105.2011-Parks Ganem Perkins Storage Lease Agreement for Facilities.dccx LEASE AGREEMENT— Page 11 of 15 (between the City of Kent and Perkins) STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of 2011, before me a Notary Public in and for the State of Washington, personally appeared Charlie Perkins, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his/her free and voluntary act and deed for the uses and purposes mentioned in this instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 2011, before me a Notary Public in and for the State of Washington, personally appeared Shirley Perkins, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be his/her free and voluntary act and deed for the uses and purposes mentioned in this instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires LEASE AGREEMENT— Page 12 of 15 (between the City of Kent and Perkins) STATE OF WASHINGTON ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires i LEASE AGREEMENT— Page 13 of 15 (between the City of Kent and Perkins) EXHIBIT ,A (Legal Description] SCHEID U I F A (CCnciaued) ', Ord,r No.; UUILU3 Yltr Nm: MI. ms:n LEGAL D ESCR I!'FfON EC$UI1rf (Yar.,r ph 4 of Sd,dri j,A connnmDan) OA1:CR• A: . F.LI, OF THE FOLLC9114 CESCF:30 PROPEF. , rlvl.T_o Rl ncTION zi, Towusuil 22 '.. NOR1}I, RP2ICE 4 FI5T OF 'ae , IN RING COUI=, W:SNIIiS']vv: 5Fu RRIIPQ AT IHE POINT CF IuuRS'E'KION OF VIM EST LINE OF TIIA7 POATC?RI COIlVc FD TC'INE CITY OF KiifT i'GR .1Lfu1 atmpor—F eV Deco miu= Y.Iac WUSRP F.ECOPnI:G 00:4011 "12994 UID 72fE 00n!4L —V LINE OF ZITh 57R,I1r (FORPMI,Y RN0'44 AS BST EHINN S:✓.=1 1 COIV7iFZ TO THE ci S tlY Y4,^ 9Y DepP tiLUND@ '. ,WDJ'7F.Y 13, 1309 IPIDE ;M10 COUIrrt RECORDING !v".R?IER 5292117, SAM POIIT OF 'NTT"i.S=Qf RMl,, VEE ml.ra= CORt ER OF 'IIM PARC—.— CcN E EA TD STi.titL'�RD OIL CC'i?A!Tt OF C*--FOPJIFA ay nAT CET�'r`.IN DIED DATED HARC14 L7, 1917, AS FTI,ED ' FDR :?FClin 19, 1917 Al. CU�l:,�rT ;tIN9£P. 112:126 IN VCLL Z 995 OF DEEDS AT ?A5r .03, EECCADS 01 RIl.O CCJ1rlY, WA iiIflGzDt1; _ NOR7i1MV Y.TNF. OF 2AZ—n S7iITH STRLE: 120 FELT, No.. OF. L�F, TO THE 3c=r.aF5T CORtfe OF Tibw POATLPN E u=.ED 517 LIERY. HDIEILL Alf➢ LCSDY, A 14AME COF.FO2ATICH1 AY DEED CLT tl N_SAFI 19, 1930 411)_FEC_JRDSD ' I'WC:1 71, 'PM CEDER RECORD= ZkRiBER 2595a3Q, •' T7!:3i1� NDRTE Li' A FO 7-117 RES:—Ly LINE OF RAil)LI^_RY, Il=t IY AIM LIRDY aeJ.G TO A ?OI!4 GN THF. eW7hzxlP LLNE OF Tt ❑S1L%w. mmil,,Uf1EE Aim 57, PELT 52L'2'iz:C? 60 FQ:T V.IL-HI OF NAY BEIFIG A RCP7 Of A CtrVE JUVINC A=IOS OF i2E.77 F-T; '... IlQXW44S'IERLY AW5G SAID CJ?V' TJ A COTNT DP ME INT!:RSz=IOII OF na LID- eF '?" 2GdTi G11 Ctr�YFD TO THE CITY OF Y,71r FOR AULT ''.... PURPOSES, SAID FOBPT 1N2_5E^:O'1 S'c1::G .E NORZII 4ES7 CORNER CF S\IP PALCEL =11v, ?Y,ST6N1:.PA W1 p)'o=.-e PF G'u.:F4PS.'EAp i, T!i,Nou avlz:Ly n NC SP.F➢ PA.:_:-LY LING OF F,=C h THE FOINri OF 3@:ININ3, PARGI, 1111 OF DiF QIJZ4-,Nl DFSL1u@ PROPE!i-1r, SI TUA'i FU "if SECTION 24, TGFTf9H 1, 21 NOR: , FA406 4 L; r Jr E.M., III K]IrG COJ:RZ', NASH:NGMU, T,t« I iTERSECTTD:4 DF THE £,lyT I,I:I'a Gr" A FALCT OF :AKD cmlvTE] '.. TO 2:,= .:fat OF :XN, FCR A = PLRPOSES 9Y DE6T1 UCORDED Im0"J Cvi cW." 'L£C.:iL"FDG ti1:E3ZR 4512991, Noll 7IIF NURTn L:KC OF 5111VI Tv`T (FORMERLY RNOM; AS 'FEET S!f TIEf .`--'!„PFTI FkTn iort.7 OF iLT't$ECtZ 011 2Eitl3 T[tL SGVI}IWR.b'T :1;F.!1:3. '. VF A UF' DF LEND COM'a'ZO 'SG �:FJI�,a.D OIL MOtnrt OF G.LIFOM'IA By 0Sn. .;ECcRDED MDER KIN: CC.f?.M RF.00RDi ND I,LTfi Eli i1221:5 III VOLUVE f"S OF CEGS AT FAGS 502; TN,•`:�N'OA79 D0"59'14' FAST i.WEla i'L FA LINE OF SAID A ,Ey 4:9,Jo FE«-i 1N ;itrii5'r:_'[ICN El Ttf THE hart DF A mmvt ON THR SOUTHERLY Lvir DF TRZ C:'ICAC.D, I 111 % J:E MO r. PAIfL RAf RN v mo rAJI7 spun —z,,lcH KIGt, Of MAT AND up. mm OF 3EOT!MI:1Gt CnNTIYON43 NORid ga'S9'14` uAf;, J4.C6 FEZ 0 q?; INTE,,iCTION .4 1 C�tl'vt LING OF 5AID SPUR L"u,CK FIGHT 0 'n y ON Trf£ ;iC O A r_V.vE 'OI¢ Fl T,IE T4 vs POINT OF YiEI,Li RF;.R; OM74 1]•;5 32• E:., ,.Oa iEET FROM SAID LNTERSECTIp!!1 :dGtS:ERLY : :'G SAID CENTER LIRe ON TV9 ARC OF LAID Mug 1I9.55 L.'. F25T THENCE 5047H 00'S4'14 N£1, 30.35 FeET in AN 1N7nnEC!'IDN NLTR Tim SOVfI(M T LINE CF SAID AIRIT CF NAY GN 1IE ARC IF A ❑,'RVE MAO REIN' TIIE IIOF,141ST LURUEA OF FAECES '9" OF SiOF.T PI-W Ntl F7, 2FC-75-31) AS PR'R THS SY.ORT FLAT RECD30E0 I):(OSA FIHG COIPfT; RECORMNG NUHSE.4 770I0",12, Tile RADIUS POIIIT OF .SA_: ❑IRVG 2S:.Ri NG NGRTiI ]I"51']>• E.S.' A DiSTANC'c OF 413.0E FEET FRO4 SAID OF mr;aszc:o:q 1R_IC: NC.l T:IHFS'-RLY ,:LO:If Sd ID S:','CTi'eALY Id ir« Ld.Oi F«ET TC TiI: FOIRi OF D�alart:aD. LEASE AGREEMENT- Page 14 of 15 (between the City of Kent and Perkins) EXHIBIT B Tenant shall be allowed to enclose the Premises with a fence. Landlord agrees to reimburse the Tenant for the cost of constructing the fence. LEASE AGREEMENT— Page 15 of 15 (between the City of Kent and Perkins) KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: July 5, 2011 SUBJECT: King County Conservation Futures Grant Agreement Amendment for Panther Lake Acquisition - Authorize MOTION: Accept the grant from King County Conservation Futures in the amount of $1,150,000, amend the Interlocal Cooperation Agreement, approve expenditures in accordance with the grant agreement, amend the Park Land Acquisition budget, and authorize the Mayor to sign all necessary documents, subject to terms and conditions acceptable to the City Attorney. SUMMARY: This is a grant agreement with King County for Conservation Futures money to reimburse our purchase of the Matinjussi and Van Dyke Properties on Panther Lake. The $1,150,000 in grant funds were awarded separately: $400,000 in 2008; $250,000 in 2009, and $500,000 in 2010. The City closed on all three parcels funded by the grant in the summer of 2010. This grant will primarily be matched with grant funding from the Recreation and Conservation Office (RCO). EXHIBITS: Grant Agreement Amendment and original Interlocal Agreement RECOMMENDED BY: Parks & Human Services Committee 6/16/11 BUDGET IMPACTS: This expenditure of $1,150,000 impacts the Park Land Acquisition Budget AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF KENT and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 291h day of January, 1991. The parties agree to the following amendments: Amendment 1: Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the Panther Lake acquisition, and hereafter reads: " • On November 19, 2007, the King County Council passed Ordinance 15975,which appropriated a total of Four Hundred Thousand Dollars ($400,000) in Conservation Futures Levy proceeds to the City of Kent for the Panther Lake acquisition Project. On April 20, 2008 the King County Council passed Ordinance 16052, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15975. • On November 24, 2008 the King County Council approved Ordinance 16312, which appropriated a total of Two Hundred and Fifty Thousand Dollars ($250,000) in Conservation Futures Levy proceeds to the City of Kent for the Panther Lake acquisition Project. On April 6, 2009 the King County Council approved Ordinance 16442, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures funds authorized in Ordinance 16312. • On November 23, 2009, the King County Council passed Ordinance 16717, which appropriated a total of Five Hundred Thousand Dollars ($500,000) in Conservation Futures Levy proceeds to the City of Kent for the Panther Lake acquisition Project. On May 24, 2010 the King County Council passed Ordinance 16842, authorizing the King Amendment I CFT Interlocal Amendment Kent-King County 2008,2009,and 2010 CFT proceeds for Panthcr Lake _ 1 i I County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 16717. Amendment 2: Article V. Conditions of Agreement I Section 5.1 is amended to include reference to Attachment J, which lists 2008, 2009, and 2010 Conservation Futures Levy Allocations for the Panther Lake acquisition project. Amendment 3: Article VII.Responsibilities of County I The first two sentences of this article are amended to include references to Attachment J, which lists 2008, 2009, and 2010 Conservation Futures Levy Allocations for the Panther Lake acquisition project as follows: Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through J to be used for the Projects listed in Attachments A through J. The City may request additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through J. The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement. Amendment 4: Attachment J The attachments to the interlocal agreement are hereby amended by adding Attachment J, which is hereby attached to the interlocal agreement, incorporated therein and made a part thereof. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal.Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement. Amendment) CFT Interlocal Amendment Kent-King County 2008,2009,and 2010 CPT proceeds for Panther Lake 2 IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF KENT Dow Constantine Suzette Cooke King County Executive Mayor Date: Date Acting under the authority of Acting under the authority of Ordinances 16052, 16442, and 16842. Ordinance: Approved as to form: Approved as to form: Dan Satterberg King County Prosecuting Attorney City Attorney Amendment 1 CFT Intedocal Amendment Kent-King County 2008,2009,and 2010 CFT proceeds for Panther Lake 3 ATTACHMENTJ 2008, 2009, and 2010 CONSERVATION FUTURES LEVY CITY OF KENT ALLOCATIONS for PANTHER LAKE li Jurisdiction Project Allocation Kent 2008: Panther Lake Ordinance 15795 $ 400,000 2009: Panther Lake Ordinance 16312 $ 250,000 j 2010: Panther Lake Ordinance 16717) $ 500,000 TOTAL $ 1,150,000 i Project Description: 2008: 315772 Panther Lake: (Ordinance 15795) $ 400,000 This project will acquire open space on Panther Lake for public access and habitat preservation. The project is located in unincorporated King County northeast of Kent in Kent's urban annexation area. 2009: 315772 Panther Lake: (Ordinance 16312) $ 250,000 2009: $250,000 is added to this open space acquisition project and the scope is expanded to include three parcels located on SE 208t" Street, south and west of the property funded in the 2008 budget. 2010: 315772 Kent CFL Proiects- Clark Lake: (Ordinance 16717) $ 500,000 2010: $500,000 is added to this multiple parcel, City of Kent shoreline park acquisition project located on SE 204t" Street and 113th Avenue SEth. City of KENT—Panther Lake $ 1,150,000 Amendment J '.. CFT Interlocat Amendment Kent-King County 2008,2009,and 2010 CFT proceeds for Panther Lake - 1 January 3, 1996 Introduced By: UHRISTOPHER VAW rE 420Y2 CVG y c� Proposed No.: 9(,6 i 2 2 ORDINANCE NO, 2 AN ORDINANCE authorizing the conveyance of certain 3 parks,recreation and open space properties to the City of Kent 4 and authorizing the Executive to enter into an agreement with 5 the City of Kent relating to parks and.recreation services. '.. 6 7 PREAMBLE 8 9 1. The City of Kent(the City)has recently annexed a portion of formerly 10 unincorporated King County which contains several local parks and recreation I facilities and sites. 12 13 2. The City desires to own,operate,and maintain parks,open space, 14 recreation facilities and programs and other municipal programs,facilities and 15 properties inside its boundaries. 16 17 3. King County desires to divest itself of ownership,management,and 18 financial responsibility for non-regional parks,open space,recreational 19 facilities and programs inside the City boundaries as directed by Motion 8056. 20 21 4. The King County executive has determined that,because of the agreement 22 of the City to operate and maintain the properties in perpetuity as public park, 23 recreation facility and open space,the properties and property improvements 24 are surplus to the foreseeable needs of the county and should be conveyed to 25 the City subject to the terms and conditions of the interlocal agreement 26 authorized herein. 27 28 5. In consideration of the mutual benefits to be derived,it would be in the best 29 interests of the citizens of King County to convey the real property and 30 property improvements described herein to the City. 31 32 33 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 34 35 SECTION I. The King County executive,on behalf of the citizens of King 36 County,is hereby authorized to execute deeds of conveyance in favor of the City of Kent 37 for the real property and real property improvements listed on the attached agreement and 'ill 12157 I to execute,substantially in the form attached,an interlocal agreement with the City of Kent 2 relating to the ownership,funding,operation and maintenance of parks,open space, 3 recreation facilities and programs. 4 INTRODUCED AND READ for the first time this 3L day of 5 6e Z UQ�, 19 9k ..��// qq � 6 PASSED by a vote of w1 to O_this.lo'`"'day of _P 449 7 191. g KING COUNTY COUNCIL 9 KING COUNTY,WASIIINGTON 10 I h r 12 ATTEST: 13 14 Otv Clerk of the Council 15 16 f Z �.iOP 199. 17 APPROVEDthis�da of t ''.. 19 � _--__ l9 i 20 21 22 King CourivExecutive 23 24 25 26 Attachments: interlocal Agreement I 2 12157 i FACILITY LOCATIO APPROXIMATE SIZE AMENITIES N j I Clark Lake Open Space I Eastridge 143rd SE& SE 257th PI 8 acres Lake Meridian 27103 148th Ave SE 62.41 acres Meridian Glen Kent Kangley& 136th SE 2.19 acres Pine Tree SE 276th & 114th Ave SE 9.8 acres Springwood SE 274th & 128th PI SE .10 acres exhA.doc EXHIBIT t � i n � J�l �u 1. 21 Y i INTERLOCAL AGRE1's:MEI`CP BETWEEN KING COUNTY AND THECITY OF KENC Relating to the Ownership, Funding, Operation and Maintenance k of Parks, Open Space, Recreation Facilities, and Programs into this da • b and between This Agreement is made and entered y Y I the City of Kent, hereinafter called "City" , and King County, hereinafter called "County" . WHEREAS, the City of Kent will annf:x the area of previously unincorporated King County known as Kent Meridian on or about January 1, 1996; and WHEREAS, the City desires to own, operate, and maintain parks, open space, recreation facilities and programs and other municipal programs, facilities and ;property inside its boundaries ; and WHEREAS, the County desires to divest. itself of ownership, management, and financial responsibility for non-regional parks, open sp-ce, recreational facilities and programs inside the City boundaries; and WHEREAS, it is in the best interest of the public that the City and the County take those actions necessary to meet those desires and to cooperate in any transition to insure a smooth transition and avoid service disruption; NOW, THEREFORE, the City and the County hereby agree as follows : 1 . C4n�X�Tlce • � 1 . 1 On January 2, 1996 , King County shall convey to the City by recorded deeds the following listed parks, recreation and open space properties and facilities (hereafter called "facilities") : Clark Lake Open Space; Eastridge; Lake Meridian; Meridian Glen; Pine Tree; and Springwood, r7 12157 all as more fully described in Attachments "A" , List and Location of Parks, and "B" , the legal description, incorporated by this reference made a part hereof . 1 .2 The deeds shall contain all reservations of record and applicable covenants and restrictions resulting from grants, bonds and other similar funding sources, and the following specific covenants pertaining to use and assessment of fees : "The City covenants to operate and maintain the site in perpetuity as a public open space or as a public parks recreational facility, except that the City may trade the site or part of the site for property of equal or greater parks and recreational value or open space value . The City further covenants that it will not limit access to the park so as to restrict usage by non-City residents and that any and all user fees, including charges made by any lessees, concessionaires , or other assignees shall be at the same rate for non-City residents as for the residents of the City, unless the City has imposed specifically dedicated resources (i .e . , taxes or fees imposed upon City residents) to fund recreation programs, and such different fees provide for equitable contributions to be made by City and non-City residents . " 1 . 3 The City hereby agrees to abide by and enforce all terms, conditions, reservations , restrictions and covenants of title . 1 . 4 No King County artwork currently located at any park is to be transferred with the land. King County artworks remain the property of King County. The responsibility, management and maintenance of King County artworks, as well as the ownership, remain with the County. 2 12157 . . 1 . 5 At the time of conveyance, the County shall provide the City the following: 1 . 5 . 1 Architectural and construction drawings and as-builts . 1 . 5 . 2 Planning documents pertaining to present and future use of said parks . 1 . 5 . 3 Any and all records of public meetings during the last five years pertaining to present or future use of parks . 1 .5 . 4 Covenants and restrictions applicable to the parks subject to this agreement . 1 . 6 The parks conveyed shall include all park furnishings and appurtenances currently situated on said property including, but not limited to, garbage receptacles, picnic tables, picnic barbecues, and swim buoys at Lake Meridian. 2 . RQsnonsib> lity for Orations Maintenance -Repairs and ImQrovements . 2 . 1 Upon the effective date of conveyance as described in Section 1. 1 above, the City agrees to accept the properties and facilities described above in as is condition, except as set forth in Attachment C which shall be addressed as set forth in said attachment, and to assume full and complete responsibility for operations, maintenance, repairs and improvements of said facilities . 2 . 2 Upon the effective date of conveyance as described in Section 1 . 1 above, the City shall assume full and complete responsibility for all recreation programs and services at this site . Until the effective date of conveyance, the County agrees to continue to operate, maintain and repair the facilities listed in section 1 . 1 above and to operate any previously scheduled recreation programs in said facilities . 3 12157 , 3 . jises of Facilities and Fields During Transit] (Dn Period. 3 . 1 The parties agree there may be a transition period from the date of execution of this agreement through the effective date of conveyance, and agree during said transition period to avoid disruption of service to the public. The County agrees, during the transition period, to continue to schedule any organized athletics and recreational activities at the facilities . The County will provide to the City recreation programs and services at the facilities listed in Section 1. 1 at the currently budgeted level . Upon transfer, the City will become responsible for any and all recreation programs and services at the site, including scheduling any public use of facilities . 3 . 2 Revenues from any facility use or recreational programs held at the facilities during the transition period shall accrue to the County. Revenues from facility use and recreational programs after the City assumes full ownership and maintenance responsibility as specified in Sections 1 . 1 and 2 . 1 will accrue to the City. 4 . Indemnification. 4 . 1 The County shall indemnify and hold harmless the City and its elected officials , officers, agents or j employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, relating to the facilities described herein, which are caused by or result from a negligent act or omission of King County, its officers, agents and employees that occurred prior to the effective date of conveyance of the facilities listed in Section 1 . 1 to the City, by reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them, in performance of this agreement . In the event that any suit based upon such a claim, action, loss , or damage ip brought against the City, the County shall defend the same at 4 12157 its sole cost and expense; provided, that, the City retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees , or any of them, the County shall satisfy the same. 4 . 2 The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits , liability, loss, costs , expenses, and damages of any nature whatsoever, relating to the facilities- described herein, which are caused by or result from a negligent act or omission of King County, its officers, agents and employees that occurred subsequent to the effective date of conveyance of the facilities listed in Section 1 . 1 to the City, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them, in performance of this agreement . In the event that any suit based upon such a claim, action, loss or damage is brought against the .County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and City and their respective officers, agents and employees, or any of them, the City shall satisfy the same . 4 . 3 The city' s and the County' s indemnification in this section shall survive this Agreement . 5 . Non Discrimination. The City and the County are Equal opportunity Employers . The city and the County shall comply with all applicable non-discrimination laws or requirements . 5 i 6 . Audits In addition to the requirements set forth, the records related to matters covered by this Agreement are subject to inspection, review or audit by the County or the City at the requesting party' s sole expense during the term of this agreement and three (3) years after termination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request . 7 . Waiver and Amendments . Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed in advance by the parties hereto . B . DP au�. 8 . 1 In the event the City violates any of the conditions of this Agreement, including any of the covenants to title required herein, the County shall be entitled to specific performance of the Agreement . 8 .2 In the event the County violates any of the conditions of this Agreement, including any of the covenants to title required herein, the City shall be entitled to specific performance of the Agreement . 8 . 3 Unless otherwise provided for herein, in the event either party should commence legal proceedings to enforce any provisions of this Agreement, each party shall be responsible for all. of its costs and expenses incurred in connection with such proceedings, including attorney' s fees . 9 . Entire Agreement and ML)dificationa. This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof . It may be supplemented by addenda or amendments which have been agreed upon by both parties in writing. Copies of such addenda and amendments shall be attached hereto and by this reference made part of this contract as though fully set forth herein. 6 i i 12157 10 . Administration of Agreemen�, . 10 . 1 The City and County shall each appoint a representative to review compliance with this Agreement and to resolve any conflicts . The City and County shall notify the other in writing of its designated representative . The administrators of the Agreement shall meet as needed. Either party is authorized to convene a meeting with a minimum of ten (10) calendar days written notice to the other. 10 . 2 Any conflict that is not resolved by the contract administrator within ten (10) working days of the meeting held to discuss the conflict shall be referred to the City Director of Parks and Recreation and the County Director of Parks, who shall resolve the conflict . 11 . Durat1on . This agreement is effective upon execution by j both parties and shall continue in force unless both parties mutually conEent in writing to its termination . IN WITNESS WHEREOF, the parties have executed this Agreement . I KING COUNTY CITY OF KENT King County Executive Mayoi Date Date 1- 2157 I Approved as to form: Approved as to foam: King County �Xf-City Attorney Deputy Prosecuting Attorney D Date Date i pksintic.agr '.. 8 I EXHIBIT "B" Page One 121 ps 7 � RhJ MERIDIAN GLEN PARK '.,. Tracts A-1 and A-2 Open Space, Meridian Glen Division !.. No. 1, as recorded in Volume 121 of Plats, pages 32 - 34, records of King County, Washington, under Recording No. 8205030641, known as Lot Line Revision to Meridian Glen Division No. 1. SPRINGWOOD PARK The East 10 acres of the South 3/4 of the NW 1/4- of the HE 1/4 of Section 33, Township 22 North, Range 5 East, W.M., in King County, Washington, SUBJECT TO: Easement with provisions, conditions and covenants recorded under Auditor's File No. 6574774 and 7803221031; Application for permission to extend the '.. utility system on said premises recorded under Auditor's File No. 6595634. EASTRIDGE PARK Tract A, Eastridge Park Division No. 2, as recorded in Volume 90 of Plats, pages 65 & 66, records of, King County, Washington. SUBJECT TO conditions on deed recorded September 3, 1969, under Recording No. 6559633, as follows: By acceptance of subject deed the County of King covenants and agrees that the use of subject property shall be restricted to open space and recreational purposes only. King County further covenants and agrees that King County will not use, nor will King County auth- orize the use of subject property for any use except open space and recreational uses. The County may, however, place improvements and impose such regu- lations on said property as l.s consistent with the proper maintenance and preservation of the public health, safety, morals and general. welfare. i I PINE TREE PARK The South 1/2 of the HE 1/4 of the SE 1/4 of the NE 1/4 of Section 32, Township 22 North, Range 5 East, W.M. ; TOGETHER WITH the North 1/2 of the SE 1/4 of the SE 1/4 of the HE 1/4 0£ said .Section 32. TOGETHER WITH an easement (for access over and across) the West 30 feet of the HE 1/4 of the SE 1/4 of the HE 1/4 of said Section 32. SUBJECT TO: Easement wherein the Grantor reserved the right for access over and across the West 30 feet of the above described property, contained in that certain Partial Fulfillment Deed executed by Alice J. McCabe, formerly Alice J. Barger, as her separate estate. Qr 12157 EXHIBIT "B" i Page Two i i I I CLARK LAKE OPEN SPACE PARCEL A - The West 1/2 of the East 1/2 of the NW 1/4 '.., of the NE 1/4 of Section 21, Township 22 North, Range 5 j East, W.M., in King County, Washington; EXCEPT the North 360 feet of the East 100 feet; AND EXCEPT the South 55 feet; AND EXCEPT County Road. SUBJECT TO: Any prohibition of or limitation of use, occupancy, or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water; and to the extent required by any applicable public health department requirements, SUBJECT TO a covenant restricting use due to the existence of a water well for a private domestic water supply system established by that Well Agreement recorded under King County Recording No. 8901030642, within any portion of the premises lying within a 100 foot radius Of the location of said well, which well location is described as follows: A point lying 30 feet West, more or less, of the Easterly boundary and 220 feet. South, more or less, of the Northerly boundary of, the following described parcel: The West 1/2 of the East 1/2 of the NW 1/4 of the WE 1/4 of Section 21, Township 22 North, Range 5 East, W.M., King County, Washington, EXCEPT County Road. PARCEL B - The West 1/2 of the NW 1/4 of the NE 1/4 of Section 21, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the West 396 feet of the North 660 feet; AND EXCEPT that portion thereby lying within S.E. 240th St., as presently established. SUBJECT TO: Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water. PARCEL C - The Westerly 330 feet of the South 55 feet of Lot 2 of King county Short Plat No. 674032, recorded under King County Recording No. 7708D30801. Said short plat being a portion of the East 1/2 of the NW 1/4 of the NE 1/4 of Section 21, Township 22 North, Range 5 East, W.M., in King County, Washington. SUBJECT TO: Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water; Covenants, conditions, restrictions and easements contained in Short Plat No. 674032, recorded August 3, 1977, under Recordinq No. 7708030801; EXHIBIT "B" "'9 ICI Page Three 5 Declaration of Covenant dated August 17, 1971, recorded August 17, 1977, under Recording No. 7708170899, regarding further subdivision of lots. PARCEL D - The East 1/2 of the SW 1/4 of the NE 1/4 of Section 21, Township 22 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the West 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4 of said Section 21, in King County, Washington; EXCEPT that portion thereof lying Southerly of the North line of the South 30 feet _ thereof as conveyed to King County for S.E. 248th St. by Deed recorded under Recording No. 5845363. ALSO, the West 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4 of Section 21, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the South 330.92 feet of the West 132 feet thereof; EXCEPT that portion thereof lying Southerly of the North line of the South 30 feet thereof as conveyed to King County for S.E. 248th St. by Deed recorded under Recording No. 5845364. SUBJECT TO: 1. Reservations and exceptions contained in Deed from Northern Pacific Railroad Co.- Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same, as recorded under Recording No. 216187. NOTE: No examination was made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the - lands or rights so reserved. 2. Right to make necessary slopes for cuts or fills upon property herein described as granted in deed recorded February 17, 1965 under Recording No. 5845363. 3. Right to make necessary slopes for cuts or fills upon property herein described as granted in deed recorded February 17, 1965, under Recording No. 5845364. 4 . Right of the State of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of the unnamed pond. j i ' F 1 i I ', I EXHIBIT "B" 12157 Page Four i LAKE MERIDIAN PARK ' 1 Parcel A - Lot 3, Meridian Lakeshore Tracts, according to the plat recorded in Volume 51 of. Plats, page 13, records of King County, Washington. SUBJECT TO: Right of the public as dedicated in the plat. Covenants, conditions and restrictions contained in said plat. Reservations contained in Deed recorded under Recording No. 226333. Parcel B - Lot 4, Meridian Lakeshore Tracts, according li to the plat recorded in Volume 51 of Plats, page 13, records of King County, Washington. SUBJECT TO: Reservations contained in Deed recorded under Recording No. 226333. Covenants, conditions and restrictions contained in said plat. Right of the public as dedicated in the plat. - Parcel C - Lot D of King County Short Plat No. 3998, III recorded under King County Recording No. 8306100527, said lot being described as the East 100.00 feet of Lot 5, Meridian Lakeshore Tracts, according to the plat thereof recorded in Volume 51 of Plats, page 13, records of King County, Washington. TOGETHER WITH an easement for ingress, egress and '.. utilities over, under and across a portion of Lot 4, King County Short Plat No. 180069, as established by instrument recorded by under King County Recording No. 8104090330, described as follows: Commencing at the S.E. corner of Meridian Lakeshore Tracts, according to the plat thereof recorded in Volume 51 of Plats, page 13, records of King County, Washington; thence N.89-02- 34 W., along the South line of said plat, a distance of 25.00 feet to the true point of beginning; thence continue N.89-02-34 W., along said South line, a distance of 455.18 feet to the Southeasterly right of way line of 148th Ave. S.E. said point being on a curve, the center of .which bears S. 42-22-22 E., a distance of 266.48 feet; thence South-westerly along said curve to the left having a radius of 266.48 feet, through a central angle of 12-43-43, an arc distance of 59.20 feet to the North line of the South 13.668 acres of the West 3/4 of Government Lot 1 of the SE 1/4 of Section 26, Township 22 North, Range 5 East, W.M., in King County, Washington and the North line of Alpine Vista, according to the Plat thereof recorded in Volume 82 of Plats, page 73, records of King County, Washington, extended Westerly; thence S. 88-44-21 E., along said line, a distance of 493.43 feet; thence N. 00-55-16 E. a distance of 47.67 feet to the true point of beginning. Page five 5 SUBJECT TO: 1) Rest ri-c ti.ons contained in said plat as follows: No lot or portion of a lot in this plat shall be divided and sold or resold, or ownership changed or '.. transferred whereby the ownership of any portion of this plat shall be less than the area shown on the face of this plat. All lots in this plat are restricted to R-1 and R-2 residential district use governed by and subject to restrictions, rules and regulations of the County Zoning Resolution No. 11373 and subsequent changes thereto by official County resolution. Property usage: Lot 4, R-3, Lots 15, 16 and 17, R-2, all others, R-1. Approval for septic tanks to be installed in accordance with specifications of King County Health Department is required for each individual lot. 2) Underground utility easement, and the terms and conditions thereof granted to Puget Sound Power and Light Co., to construct, operate, maintain, repair, replace and enlarge an underground electric transmission and/or distribution system across the South 10 feet of said premises and other property recorded on June 3, 1983, under Recording No. 8306030606. Contains covenant prohibiting structures over said easement or other activity which might endanger the underground system. 3) Road maintenance agreement and the terms and conditions thereof by and between Edward E. Raisio and Audrey L. Raisio, husband and wife, as recorded on June 28, 1983, under Recording No. 8307110749. Said agreement contains a provision for bearing equal costs of maintenance, repair or reconstruction of said road by the common users. , 4) Exceptions and reservations contained in Deed from Herbert S. Upper, a bachelor, recorded on February 18, 1902, under Recording No. 226333. Excepting and reserving from said lands such as are now known or shall hereafter be ascertained to contain coal, iron, oil or gas, and also the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted coal, iron, oil or gas lands for the purpose of exploring, developing and working the same. 5) Right of the public to make necessary slopes for cuts or fills upon said premises in the reasonable original grading of streets, avenues, alleys and roads, as dedicated in the plat. Parcel D - Lot 5, Meridian Lakeshore Tracts, as perI, plat recorded in Volume 51 of Plats, page 13, records of King County, Washington, except the East 300 feet thereof. (Also known as Lot A of Short Plat No. 3998, recorded under King County Recording Nos. 8107229006 and 8306100527.) SUBJECT TO: Easements, restrictions, reservations and provisions of record, if any. Parcel E - That portion of the North 12.668 acres of the West 26.336 acres of Government Lot 1, Section 26, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the S.W. corner of said Section 26; thence North along the established West line of said Section 26 a distance of 978.66 feet; thence N.89-39-40 E. 375.54 feet, more or less, to the East line of the County Road, to the true point of beginning; thence East 536,632 feet; thence South 132.712 feet; thence West 566.136 feet, more or less, to the County Road right of way; thence Northerly along the County Road right of way 139.065 feet to the true point of beginning. EXHIBIT "B„ Page Six 12157 a ALSO, Lot 6, Meridian Lakeshore Tracts, according to the plat recorded in Volume 51 of Plats, page 13, records of King County, Washington. SUBJECT TO: Reservations contained in Deed recorded under Recording No. 226333. Covenants, conditions and restrictions contained in said plat. Right of the public as dedicated in the plat. Parcel F - Lot B, Meridian Lakeshore Tracts, according Co the plat recorded in Volume 51 0£ Plats, page 13, records of King County, Washington. SUBJECT TO: Covenants, conditions and restrictions contained in said. plat. Reservations contained in Deed recorded under Recording No. 226333. TOGETHER WITH the South 1/2 of the South 1/2 of the NW . 1/4 of the SW 1/4 of Section 26, Township 22 North, Range 5 East, W.M., EXCEPT that portion for Soos Creek -Berrydale . Road establishment AND EXCEPT that portion of the South 15 feet thereof lying East of a line drawn parallel with and 460 feet East of the West line of said SW 1/4 AND EXCEPT any portion within the Plat of Meridian Lakeshore Tracts. TOGETHER WITH the North 12.668 acres of West 26.336 '.. acres of Government Lot 1, Sec. 26, Twp 22 N., Rge 5 E. , W.M., in King County, Washington; EXCEPT County Roads; EXCEPT, Beginning 17.71 feet South of S.W. corner of the NW 1/4 of the SW 1/4; thence South along Section line 56,56 feet; thence N.45-55-04 E. 25 feet to Westerly margin of County Road; thence Northerly along said road margin to beginning; EXCEPT, beginning 978.66 feet North and 375.54 feet East of S.W. corner of said section; thence East 536.632 feet; thence South 132.712 feet; thence West to County Road; thence North- erly along, said road to beginning; EXCEPT beginning at N.W. corner; thence South 20 feet; thence 5.54-19-56 E. 180.13 feet; thence 5.35-40-04 W. 30 feet to the True Point of Beginning; thence 5.54-19-56 E. 108.89 feet; thence 5.58-59-04 W. to shore of lake; thence North- westerly along shore to point from where true point of beginning bears N.58-59-04 E.; thence N.58-59-04 E. to beginning; EXCEPT Coal 6 Mineral Rights AND EXCEPT beginning at N.E. corner of SF. 1/4 of the SE 1/4 of Sec. 27; thence 5.00-04-56 E. 74.27 feet to point of beginning; thence 5.00-04-56 E. 82.67 feet; thence 5.51-43-56 E. along shore of Lake Meridian 6.82 feet; thence N.57-55-42 E. 72.55 feet to South line of County road; thence Northwesterly 82.25 feet; thence 5.45-55- 04 W. 25 feet to Point of Beginning; AND EXCEPT portion platted as Meridian Lakeshore Tracts, according to the plat recorded in Volume 51 of Plats, page 13, records of King County, Washington, ALSO EXCEPT that portion. lying South of the North line of Lot 5, Meridian Lakeshore Tracts, produced Easterly to the West line of said Soos Creek-Berrydale Road establishment, and ',.. Easterly of 148th Ave. S.E. LESS that portion of the North 663.40 feet of the West 1/2 of the East 1/2 of Government Lot 1 in Section 26, Township 22 North, Range 5 Cast, W.M., King County, Washington, lying Northeasterly of Soos Creek-Berrydale Road Extension (Soos Creek Drive S.E. ) , as conveyed to 4,, i Page Seven King County by Deed recorded under Recording No. 2682001. I Parcel G - That portion of the North 663.40 feet of the East 1/2 of the East 1/2 of Government Lot 1 in Section 26, Township 22 North, Range 5 East, W.M., King County, Washington, lying Southwesterly of Soos Creek-Berrydale Road Extension (Soos Creek Drive S.E.) , as conveyed to King County by Deed recorded under Recording No. 2682001. Parcel H - The NW 1/4 of the NE 1/4 of the SW 1/4 of Section 26, Township 22 North, Range 5 East, W.M., in King County, Washington. i SUBJECT TO: An easement for electric transmission line recorded under Auditor's File No. 3210959. Reservations contained in Deed recorded under Auditor's File No. 226333. I Parcel I - The South 15 feet of the NW 1/4 of the SW 1/4 in Section 26, Township 22 North, Range 5 East, W.M., EXCEPT the West 460 feet and EXCEPT County Road. Parcel J - The South 13.668 Acres of the following described tract: All of Government Lot 1 in Section 26, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the East 1/2 of the East 1/2 thereof; AND EXCEPT from said 13.668 Acres the East 600 feet thereof and those .portions conveyed to King County for roads by Deeds recorded under Recording Nos. 202265 and 3091895. Parcel K - The South 1/2 of the North 1/2 of the NW 1/4 of the SW 1/4 of Section 26, Township 22 North, Range 5 East, W.M. , in King County, Washington, EXCEPT that portion thereof lying within the Soos Creek-Berrydale Road Extension, AND EXCEPT that portion thereof lying 148th Ave. S.E. !!I SUBJECT TO: Reservations contained in Deed recorded under Auditor's File No. 226333. Parcel L - The SW 1/4 of the NE 1/4 of the SW 1/4 and the North 1/2 of the South 1/2 of the NW 1/4 of the SW 1/4 all in section 26, Township 22 North, Range 5 East, W.M. , in King County, Washington, EXCEPT that portion conveyed to King County for road purposes by Deed recorded under Auditor's File No. 2679016; AND EXCEPT that portion thereof lying within 1.48th Ave. S.E. Parcel - M - That portion of Lot 41 Short Plat No. 183022, according to the short plat recorded under King County Recording No. 8301310916, lying Westerly of the Southerly extension of the Easterly line of Lot A of Short Plat No. 3998, as recorded under Recording No. 8306100527., Parcel N - Government Lot 7 in the SE 1/4 of the SE 1/4 '.. of Section 27, Township 22 North, Range 5 East, W.M., EXCEPT County Road, TOGETHER WITH shorelands of the 2nd Class lying in front of, adjacent to and abutting thereon. Subject to Forward Thrust Bond covenants as contained in Resolu- tion No. 34571, as passed by the Board of County Commissioners on December 18, 1967. L 12157 EXHIBIT C REPAIR WORK TO BE DONE OF FUNDED BY KING COUNTY AT PARKS TRANSFERRING TO THE CITY OF KENT Pine Tree Park: ® repair asphalt trail where roots, weeds, and hole exist. The City and County shall mutually agree on the scope of work and the cost to the County shall not exceed $10,000. Meridian Gl n repair backstop • add gravel on bridge • remove tansy ragwort. lake Meridian: •, repair dock deck • repair bridges near boat launch ® repair or replace lifeguard chair on deck Eastridkr; • add rails to fall zones on playground equipment • modify entrance by removing fence and adding bollords Clark Lake: • Secure to eliminate access to vehicles i Ring County Parks and Cultural Resources Department 506secnnd Avenue Snits I VA scmdc,WA 98106--2311 ,. (206)296-7563 (206)296.8686 FAX February 16, 1996 John Hodgson, Director Kent Parks and Recreation 220 4th Avenue South Kent, wA 98032 Dear Mr. Hodgson: On Thursday, February 8, the Metropolitan King County council's Utilities and Natural Resources Committee acted on the interlocal agreements transferring the ownership of certain parks to the City of Kent. The Committee wanted to know under what circumstances would the language in Section 1.2 of the agreement (attached) allow the City to charge higher fees to non-City users of the parks being transferred. In response to the Committee's request, this letter clarifies the County's understanding of how Section 1.2 applies to the City's use of differential fees. The language used in Section 1.2 was taken from an adopted interlocal transfer agreement between King County and the City of Des Moines. The purpose of the language was to acknowledge that the parks being transferred were paid for by all King County residents through the Forward Thrust Bond program and, therefore, all King County residents should have equal access to the facilities. At that time, the City of Des Moines was planning to impose a utility tax dedicated specifically to park and recreation services and argued that their residents were taxing themselves at a higher level and that it would be equitable for non-City users to also pay more to use park facilities and services. The County agreed that if a City taxes itself at a higher rate to specifically fund operation and/or maintenance of park and recreation services, it should be allowed to charge higher fees to non-City park users, since they are not subject to the higher dedicated taxes. Other examples of dedicated funding sources for park and recreation services include (but are not limited to) O&M levies and local option levy lid lifts for 0&M. Differential fees would not be allowed for capital investments (e.g, capital bonds or capital levies). John Hodgson February 16, 1996 Page 2 I hope this helps to clarify the County's position on the use of differential fees. Please call me I at 296-7503 if you have any questions or require additional information. Sincerely, Cr ' La sen Dire or cc: Stephanie Warden, King County Council Staff i i e`11 as more fully described in Attachments "A" , List and Location of Parks, and "H" , the legal description, incorporated by this reference made a Fart hereof . 1.2 7.he deeds shall contain all reservations of record and applicable covenants and restrictions resulting from grants, bonds and other similar funding sources, end the following specific covenants pertaining to ise and assessment of fees: "The city covenants to operate and maintain the site in perpetuity as a public open apace or as a public parks recreational facility, except that the City may trade the site or part of the site for property of eq,ial or greater parks and recreational value or open space value . The City further covenants that it will not limit access to the park so as to restrict usage by non-City residents and that any and all user fees, including charges made by any lessees, concessionaires, or other assignees shall be at the same rate for non-city residents as for the residents of the City, unless the City has imposed specifically dedicated resources (i.e . , taxes or fees imposed upon City residents) to fund recreation programs, and such different , fees provide for equitable contributions to be made by City and non-city residents. " j 1 . 3 Tine City hereby agrees to abide by and enforce all tTrms, conditions, reservations, restrictions and c venants of title . 1 .4 N King County artwork currently located at any park i to be transferred with the land. King County a tworks remain the property of King County. The r sponsibility, management and maintenance of King C unty artworks, as well as the ownership, remain w th the County. 2 i Izing county Office of Budget and Strategic Planning 'nunh'Courthouse 519 Third Avenuc,Room 439 Seattle,WA 98104 (206)296-3434 May 22, 1996 City Clerk City of Kent 220 -4th Avenue South Kent, WA 98032-5895 RE: Interlocal Agreement between King County and the City of Kent Enclosed for your permanent record is the original of the Interlocal Agreement between King County and the City of Kent relating to Park Services. This document has been filed with the King County Records and Elections Section, and has also been transmitted for filing to the Secretary of State, as required under RCW 39.34.040. Please contact me at 296-3477 if you have any questions on this matter. Sincerely, Carol Gagnat , Regional Affairs Coordinator CG:erw Enclosure li i i MEMORANDUM OF UNDERSTANDING BETWEEN j KING COUNTY PARKS AND THE CITY OF KENT I. PURPOSE This memorandum shall serve as an interim and temporary operating agreement (the "Agreement") between King County Parks and Cultural Resources Department (the "County") and the City of Kent (the"City"), in anticipation of and prior to formal approval and execution by the parties of an interlocal cooperation Agreement substantially the same as Attachment 91. II. BACKGROUND The parties hereto have completed negotiations for the transfer of certain County facilities and sites to the City. The attached Agreement was approved by the Kent City Council on November 14, 1995. The Agreement has yet to be approved by the Metropolitan King County Council. It is anticipated that the agreement will be approved by the Council in the near future, but not until after January 1, 1996, Prior to the Agreement's final approval and execution, however, the City has expressed an interest in assuming responsibility for the operation, maintenance and recreational programs of the sites and facilities subject to the Agreement. In order to facilitate the transfer of such responsibilities prior to approval and execution of the Agreement, the parties agree to the following: III. AGREEMENT The parties mutually agree that effective January 1, 1996, the City shall be responsible for operations, maintenance, repair and improvements to the sites and facilities listed in Attachment 91, Sectioml,l. The parties further agree that such activities will be in advance of formal conveyance of title as described in Attachment 41, Sections I and 2, The parties agree that the rights and obligations of the par-ties to this Memorandum of Understanding with regard to the activities described herein shall be governed by Sections 1.4, 1.5, 2.1, 4.1, 4.2, and 43, of Attachment 91, which are incorporated herein by reference. The County agrees to complete or to provide funding for the repairs described in Exhibit C of Attachment 91. The term of this Memorandum of Understanding shall commence January 1, 1996 and continue until such time as the agreement is approved and executed by both parties. This Memorandum of Understanding may be terminated by either party, without cause, with 60 days written advanced notice. J, White, Mayor Date 6 raig Larsen, Director Date ity of Kent King County Parks and Cultural Resources Department Kentmoy2,doc INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT Relating to the ownership, Funding, operation and Maintenance of Parks, open Space, Recreation Facilities, and Programs This Agreement is made and entered into this day by and between the City of Kent, hereinafter called "City" , and King County, hereinafter called "County" . WHEREAS, the City of Kent will annex the area of previously unincorporated King County known as Kent Meridian on or about January 1, 1996; and WHEREAS, the City desires to own, operate, and maintain parks, open space, recreation facilities and programs and other municipal programs, facilities and property inside its boundaries; and WHEREAS, the County desires to divest itself of ownership, management, and financial responsibility for non-regional parks, open space, recreational facilities and programs inside the City boundaries; and WHEREAS, it is in the best interest of the public that the City and the County take those actions necessary to meet those desires and to cooperate in any transition to insure a smooth transition and avoid service disruption; NOW, THEREFORE, the City and the County hereby agree as follows : i 1 , c'onvgyance . 1 . 1 On January 2, 1996, King County shall convey to the City by recorded deeds the following listed parks , recreation and open space properties and facilities (hereafter called "facilities" ) : Clark Lake Open Space; Eastridge; Lake Meridian; Meridian Glen; Pine Tree; and Springwood, all as more fully described in Attachments "A" , List and Location of Parks, and "B" , the legal description, incorporated by this reference made a part hereof. 1 .2 The deeds shall contain all reservations of record and applicable covenants and restrictions resulting from grants, bonds and other similar funding sources, and the following specific covenants pertaining to use and assessment of fees : "The City covenants. to operate and maintain the site in perpetuity as a public open space or as a public parks recreational facility, except that the City may trade the site or part of the site for property of equal or greater parks and recreational value or open space value . The City further covenants that it will not limit access to the park so as to restrict usage by non-City residents and that any and all user fees, including charges made by any lessees, concessionaires, or other assignees shall be at the same rate for non-City residents as for the residents of the City, unless the City has imposed specifically dedicated resources (i .e . , taxes or fees imposed upon City residents) to fund recreation programs , and such different fees provide for equitable contributions to be made by City and non-City residents. " 1 .3 The City hereby agrees to abide by and enforce all terms , conditions, reservations, restrictions and covenants of title. 1 .4 No King County artwork currently located at any park is to be transferred with the land. King County artworks remain the property of King County. The responsibility, management and maintenance of King County artworks, as well as the ownership, remain with the County. 2 i i 1 . 5 At the time of conveyance, the County shall provide the City the following: 1 . 5 . 1 Architectural and construction drawings and as-builts. 1 . 5 .2 Planning documents pertaining to present and future use of said parks. 1 . 5 .3 Any and all records of public meetings during the last five years pertaining to present or future use of parks. 1.5 .4 Covenants and restrictions applicable to the parks subject to this agreement . 1. 6 The parks conveyed shall include all park furnishings and appurtenances currently situated on said property including, but not limited to, garbage receptacles , picnic tables, picnic barbecues, and swim buoys at Lake Meridian, 2 . Rap n ibility for Operations Maintenance Repairs and Improvements . 2 . 1 Upon the effective date of conveyance as described in Section 1. 1 above, the City agrees to accept the properties and facilities described above in as is condition, except as set forth in Attachment C which shall be addressed as set forth in said attachment, and to assume full and complete responsibility for operations, maintenance, repairs and improvements of said facilities . 2 . 2 Upon the effective date of conveyance as described in Section 1.1 above, the City shall assume full and complete responsibility for all recreation programs and services at this site . Until the effective date of conveyance, the County agrees to continue to operate, maintain and repair the facilities listed in Section 1 .1 above and to operate any previously scheduled recreation programs in said facilities . 3 I 3 . uses and Fields During Transition Peri2d. 3 .1 The parties agree there may be a transition period from the date of execution of this agreement through the effective date of conveyance, and agree during said transition period to avoid disruption of service to the public . The County agrees, during the transition period, to continue to schedule any organized athletics and recreational activities at the facilities . The County will provide to the City recreation programs and services at the facilities listed in Section 1.1 at the currently budgeted level . Upon transfer, the City will become responsible for any and all recreation programs and services at the site, including scheduling any public use of facilities . 3 . 2 Revenues from any facility use or recreational programs held at the facilities during the transition period shall accrue to the County. Revenues from facility use and recreational programs after the City assumes full ownership and maintenance responsibility as specified in Sections 1 . 1 and 2 . 1 will accrue to the City. 4 . Indemnification. 4 . 1 The County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, relating to the facilities described herein, which are caused by or result from a negligent act or omission of King County, its officers, agents and employees that. occurred prior to the effective date of conveyance of the facilities listed in Section 1 .1 to the City, by reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them, in performance of this agreement . In the event that any suit based upon such a claim, action, loss, or damage ins brought against the City, the County shall defend the same at i 4 its sole cost and expense; provided, that, the City retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents , and employees, or any of them, the County shall satisfy the same. 4 . 2 The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any .and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, relating to the facilities described herein, which are caused by or result from a negligent act or omission of King County, its officers, agents and employees that occurred subsequent to the effective date of conveyance of the facilities listed in Section 1 .1 to the City, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them, in performance of this agreement . In the event that any suit based upon such a claim, action, loss or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and City and their respective officers, agents and employees, or any of them, the City shall satisfy the same. 4 . 3 The City' s and the County' s indemnification in this section shall survive this Agreement . S . Non-Discrimination . The City and the County are Equal Opportunity Employers . The City and the County shall comply with all applicable non-discrimination laws or requirements . 5 . i I it 6 , Aud d Insn do c . In addition to the requirements set i' t s an ec n., forth, the records related to matters covered by this Agreement are subject to inspection, review or audit by the County or the City at the requesting party' s sole expense during the term of this agreement and three (3) years after termination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 7 . Waiver and Amendments . Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed in advance by the parties hereto. 8 . Default . 8 . 1 In the event the City violates any of the conditions of this Agreement, including any of the covenants to title required herein, the County shall be entitled to specific performance of the Agreement . 8 . 2 In the event the County violates any of the conditions of this Agreement, including any of the covenants to title required herein, the City shall be entitled to specific performance of the Agreement . 8 .3 Unless otherwise provided for herein, in the event either party should commence legal proceedings to enforce any provisions of this Agreement, each party shall be responsible for all of its costs and expenses incurred in connection with such proceedings, including attorney' s fees . 9EntireLgraemed Mgd ficat; ons . This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof . It may be supplemented by addenda or amendments which have been agreed upon by both parties in writing. Copies of such addenda and amendments shall be attached hereto and by this reference made part of this contract as though fully set forth herein. 6 �' 10 . Administration of AQrePmeRt• 10 . 1 The City and County shall each appoint a representative to review compliance with this Agreement and to resolve any conflicts . The City and County shall notify the other in writing of its designated representative . The administrators of the Agreement shall meet as needed. Either party is authorized to convene a meeting with a minimum of ten (10) calendar days written notice to the other. 10 . 2 Any conflict that is not resolved by the contract administrator within ten (10) working days of the meeting held to discuss the conflict shall be referred to the City Director of Parks and Recreation and the County Director of Parks, who shall resolve the conflict . 11 . Duration. This agreement is effective upon execution by both parties and shall continue in force unless both parties mutually consent in writing to its termination. IN WITNESS WHEREOF, the parties have executed this Agreement . KING COUNTY CITY OF KENT King County Executive Mayor Date Date li I i 7 Approved as to form: Approved as to form: King County City Attorney Deputy Prosecuting Attorney Date Date Ii pksintic.agr 8 III KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: July 5, 2011 SUBJECT: 2011 Miscellaneous Sewer & Water Projects Contract — Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Jason Engineering & Consulting Business, Inc. in an amount not to exceed $80,965 for Materials Testing and Inspection, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent is contracting to replace sanitary sewers and water lines in several parts of the City under two separate contracts. Jason Engineering and Consulting Business Inc. would provide materials testing and inspection services as needed to ensure trench backfill and pavement patching meet specifications. This work requires specialized equipment and a materials testing lab, which the City does not own. Jason Engineering and Consulting Business Inc. was selected following the City's competitive process based on their expertise with similar work. There are no consultants located in Kent that offer these services. EXHIBITS: Public Works Memo dated 5/11/11 and Consultant Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funds for this project have been budgeted through the Sewer Utility Fund and Water Utility Fund. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: May 11, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: Monday, June 20, 2011 From: Peter Tenerelli, Construction Manager Through: Chad Bieren, P.E., City Engineer Subject: Contract/2011 Miscellaneous Sewer & 2011 Miscellaneous Water Projects - Materials Testing & Inspection Item - 2 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Jason Engineering and Consulting Business, Inc., for Materials Testing and Inspection in an amount not to exceed $80,965.00, upon final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City of Kent is contracting to replace sanitary sewers and water lines in several parts of the City; under two separate contracts. Jason Engineering and Consulting Business Inc. would provide materials testing and inspection services, as needed to ensure trench backfill and pavement patching meet specifications. This work requires specialized equipment and a materials testing lab, for which the City does own. Jason Engineering and Consulting Business Inc., was selected following the City's competitive process based on their expertise with similar work. There are no consultants located in Kent that offer these services. Budget Impact: Funds for this project have been budgeted through the Sewer Utility Fund and Water Utility Fund. 7: 0 T W f.S H I. TON CONSULTANT SERVICES AGREEMENT between the City of Kent and i Jason Engineering & Consulting Business, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jason Engineering & Consulting Business, Inc, organized under the laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071, Phone: (206) 786-8645/Fax: (253) 833-7316, Contact: Jason Bell (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide testing and inspection services for the 2011 Sewer Improvements and 2011 Water Improvements projects. For a description, see the Consultant's May 25, 2011 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Thousand, Nine Hundred Sixty Five Dollars ($80,965.00), plus applicable Washington State sales tax, 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 B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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. i B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction, If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over $10,000) completion Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon com p of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4,24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over $10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) other representative of the City, and such statements shall not be effective or be construe d as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: BY: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jason Bell Timothy J. LaPorte, P.E. Jason Engineering & Consulting Business, Inc. City of Kent PO Box 181 220 Fourth Avenue South Auburn, WA 98071 Kent, WA 98032 (206) 786-8645 (telephone) (253) 856-5500 (telephone) (253) 833-7316 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ]ECB-2011 Swr&Wh Impr/Ienerelll CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; I The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20-- By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent,Ad min istrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 . By: For: Title: Date: I I i EEO COMPLIANCE DOCUMENTS - 3 i Jason Geotechnical Engineering Date: 05-25-2011 Engineering & Retaining Structures Project: 2011 Misc Sewer/Water consulting Project Management/Inspection hnprove, Kent#10-3018,10-3023 0 Business,Inc. Pavement Design&Analysis pile#:p11-027 Y Scope of Services, Exhibit These rates will apply for the duration of the project and should provide all the testing and inspection requirements for your project: 2011 Miscellaneous Sewer Improvements, Kent# 10-3018 and 2011 Miscellaneous Water Improvements Kent#10-3023 Provide onsite construction inspection and recommendations regarding construction materials as requested. Observe placement and procedures of materials. Provide density tests to confirm compaction and testing specification requirements. Sample imported material to evaluate and confirm specification requirements. This includes laboratory testing for each material type encountered and/or imported to the site. Testing methods will be performed according to current applicable standards. r Provide miscellaneous professional services related to this project as directed. Provide to the owner within two hours of discovery, notification of failing test results related to materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's Representative. ,o- Provide time sheets with each invoice that verify consultant employee(s), day,date and tunes worked, hourly rate,total per day,mileage; tests performed and test fees,and any other pertinent information required to verify invoiced charges. Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A Licensed P.E. reviews all reports and computer-generated copies are mailed to all parties on the project distribution list. The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for all work performed. There is a minimum charge of 2 hours for normal inspection and professional engineering services (weekends are minimum 4 hours). Structural steel inspection is a minimum 4 I our charge. o- An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour working day,and legal holidays. o- Equipment & materials will include equipment used by an inspector the field n the performance of normal inspection duties. Unit rates valid for anticipated duration of the project. Phone:(206)-786-8645 Pax: (253)833-7316 Email:JasonLjasonengineer.com PO Box 181 Auburn WA. 98071 Jason Geotecluiical Engineering Date: 05-25-2011 ill, Engineering& Retaining Structures Project: 2011 Misc Sewer/Water Consulting Project Management/Inspection Improve, Kent#10-3018,10-3023 Business,Inc. Pavement Design&Analysis File#:p11-027 Schedule of Fees & Services, Exhibit B PROFESSIONAL SERVICES Unit Rate Item Total 100 Construction Management Inspector $60.00 per hour $6,000.00 300 Asphalt Inspection&Monitoring w/Densometer $60.00 per hoar $18,000.00 Concrete Inspection&Monitoring $60.00 per hour 800 Soils Inspection&Monitoring w/Densometer $60.00 per hour $48,000.00 20 Professional Engineering Services $95.00 per hour $1,900.00 60 Administrative services $40.00 per hour $2,400.00 50 Gas trip fee per round trip, non-resident inspector $15.00 per trip $750.00 Of/Holiday hours 1.5 x rate per hour LABORATORY SERVICES Unit Rate Item Total 4 Asphalt,Ignition&Gradation $150.00 each $600.00 4 Asphalt,Rice Specific Gravity $85.00 each $340.00 Concrete/Grout Cylinders/Prisms $20.00 each 7 Soil,Fracture Count $75.00 each $525.00 7 Soil,Proctor(Standard or Modified) $150.00 each $1,050.00 7 Soil,Sand Equivalent Test $75.00 each $525.00 7 Soil,Sieve Analysis with#200 wash $125.00 each $875.00 Soil,Unit weight $30.00 each Estimated Project Total: $80,965.00 i Phone: (206)-786-8645 Pax: (253) 833-7316 Email:Jason ryjasonengineerxonn ICI PO Box 181 Auburn WA.98071 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. i EXHIBIT C (continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor, All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: July 5, 2011 SUBJECT: Stormwater Ponds Maintenance Agreement Amendment - Authorize MOTION: Authorize the Mayor to sign an Amendment to the City's Interlocal Agreement with King County to perform maintenance on the City's Stormwater Ponds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: To keep the City in compliance with our NPDES Permit and to reduce our overall costs, the City is proposing to partner with King County to complete the maintenance of 47 stormwater ponds citywide. King County crews have experience with this type of maintenance work and can do the work efficiently and cost effectively for a lower cost than a private contractor. The City has an existing interlocal agreement with King County that allows the County to perform work at the City's request, based on County availability. The agreement allows the City to take advantage of King County's maintenance and operations resources. EXHIBITS: Public Works Memo dated 6/10/11 and Interlocal Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funds for this project have been budgeted through the City's Storm Drainage Utility. 11 PUBLIC WORKS DEPARTMENT '.. Timothy J. LaPorte P.E„ Public Works Director Phone: 253-856-5500 *,T Fax: 253-856-6500KE Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 10, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 20, 2011 From: Alex M. Murillo, P.E., Environmental Engineering Supervisor Through: Mike Mactutis, P.E., Environmental Engineering Manager Subject: Amendment to the City's Interlocal Agreement with King County to Perform Maintenance on the City's Stormwater Ponds to Improve Flood Protection Item - 3 Motion: Move to recommend Council authorize the Mayor to sign an Amendment to the City's Interlocal Agreement with King County to perform maintenance on the City's Stormwater Ponds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: As a condition of the city' s National Pollutant Discharge Elimination System (NPDES) Phase II Permit (NPDES Permit) and keeping in compliance with the federal Clean Water Act, maintenance of our stormwater facilities is required, which includes stormwater ponds. To keep the City in compliance with our NPDES Permit and to reduce our overall costs, the City is proposing to partner with King County to complete the maintenance of 47 stormwater ponds citywide. King County crews have experience with this type of maintenance work and can do the work efficiently and cost effectively for a lower cost than private contractor. The City has an existing Interlocal agreement with King County that allows the County to perform work at the City's request, based on County availability. The agreement was executed in 1997 to take advantage of King County's maintenance and operations resources. i By entering into an Amended Interlocal Agreement with King County, we are able to meet our NPDES Permit requirement, complete the work, and have a functional stormwater system, all while reducing the city's overall cost for the project. The cost to use King County crews for this work is not to exceed $780,000.0000 versus an estimated $1.5 Million to complete the project if put out for bid. Budget Impact: Funds for this project have been budgeted through the City's Storm Drainage Utility. 13 Add itional Services Interlocal Agreement Between King County and City of Kent For The Provision of Surface Water Services Scope of Work 2011 Citywide Stormwater Pond Maintenance King County will provide services to the City of Kent under this Scope of Work pursuant to the Interlocal Agreement Between King County and the City of Kent for the Provision of Surface Water Services,executed March 26, 1997. PROJECT DESCRIPTION The project consists of removing approximately 12,000 tons of combined soil sediments and vegetation growth from 47 identified City owned stormwater ponds. This work will help restore the overall stormwater runoff holding capacity of the ponds that have diminished over the years with sediment and vegetation build-tip. This work will also include miscellaneous items and other related work associated with the maintenance of the stormwater ponds. The purpose of this project is to perform work identified as a maintenance component within the City's National Pollutant Discharge Elimination System Phase iI Permit. The NPDES Phase 11 Permit requirements state that after a deficiency is found within city owned stormwater ponds that the City has 24 months from the date of inspection to make the necessary repairs. TASKS City of Kent has developed special provisions and construction plans for the project titled 2011 Citywide Stormwater Pond Maintenance dated May 12, 2011,which provides a detailed description of all required tasks and is attached as Exhibit A. The following is a summary of key tasks: A. Temporary Erosion and Sediment Control 1. The following tools and materials will be available on site and deployed as needed during construction: • Straw bales for slope mulching • Silt fencing for perimeter siltation control • Hand brooms, street sweepers, and wash trucks for control of sediments on paved traffic surfaces • A spill response kit i All paved traffic areas will be kept free from sediment accumulations by daily sweeping or washing. B. Traffic Control 1. Maintain all traffic with traffic control flaggers throughout construction activities. j Additional Work: Interlocal Agreement 1 ? King County and City of Kent Surface Water Services 14 C. Miscellaneous Maintenance 1. Perform mowing and selected removal of trees and tree stumps that exceed 18 inch diameter. Place riprap around conveyance lines that inlet into the pond as stated within the specifications provided. Place crushed rock surfacing as directed by City staff. 2. Remove and restore fencing as shown on site drawings, the specifications and or by the City representative. D. Removal and Disposal of Material 1. Remove and properly dispose of solids and sediments within the 47 listed stormwater ponds. The estimated quantity of soil sediments and vegetation to be removed is 12,000 tons. 2. Hydroseed the exposed soil areas that have been impacted by the maintenance activity as stated within the specification package and shown within construction plans or as directed by the City representative. SCHEDULE Work is anticipated to be completed within 60 working days after a notice to proceed is issued, and no later than September 30, 2011 unless otherwise allowed in writing by the City representative . Hours of construction between 7:00 am and 10 pm. ESTIMATED COST The project work is currently estimated to not exceed $780,000, which includes sales tax and some contingency to account for unexpected costs that may occur during the maintenance activity. As provided in Exhibit B,the county has provided an estimate of $618,296.51 to perform the work. This cost,however, does not include sales tax and does not include any measure of contingency if unexpected site conditions are encountered which could impact the overall costs. The County will provide the City all invoices and costs incurred for construction costs. If any change order is needed,the County will immediately inform the City in writing of the proposed changes and the change order work shall not proceed until the City has approved. The amount of any change orders shall not cause the total costs for the project work to exceed the above estimate. Authorized by City of Kent: Name: Suzette Cooke i Title: Mayor Date: Additional Work: a Wo k. I nterloca]Agreement g 2 King County and City of Kent Surface Water Services I 15 �I �I Received by King County: Name: Title: Date: I i i Additional Work: Interlocal Agreement 3 King County and City of Kent Surface Water Services '.. Form A/B Page 1 of 2 Discretionary Work Request for Ding County Road Services FORM A City of: kept Request Number: KT-024 Date: 06/07/2011 Problem Description: The 2011 Citywide Stormwater Pond Maintenance Project consists of removing approximately 12,000 tons of combined soil sediment and vegetation growth from 47 identified City owned stormwater ponds. Also, miscellaneous items related to maintenance of the stormwater ponds will be included. Nature of Request: this work will help restore the overall stormwater runoff holding capacity of the ponds that have diminished over the years with sediment and vegetation build-up. This work will also include miscellaneous items and other related work associated with maintenance of the stormwater ponds. Location: 47 City owned stormwater ponds have been identified. Reference the attached specifications and plans for locations Attachments: Scope of Work Budget City Priority: High Special scheduling requirements: City is requesting that work will be completed within 60 working days after Notice to Proceed is issued and no later than September 30, 2011 City Project Manager-Telephone Number: Alex Murillo, 253-856-5552 Authorized By: Beth Tan Date: 06/07/2011 ------ FORM B Project #: Work Order#: Form B Sent to City Date: 06/23/2011 Recommended Action: Remove approximately 12,000 tons of combined soil sediment and vegetation growth, as well as micellaneous items related to the maintenance of 47 identified City of Kent stormwater ponds. The maintenance work will be done in accordance to the specifications and plans provided by the City titled, "Notes, Ponds, and Map Drawings." Proposed Schedule: To be completed by September 30, 2011 i County Project Manager: Tod Reeve/Daisy Dailey Cost Estimate: $618,300.00 http://your.kingeounty.gov/kedot/roads/discretionary/dataentry.aspx?rn=KT-024 6/23/2011 / Page 2 of 2 �orm A B { i Autborized By (City - $500):Beth Tan, PWC approved on 6/20/11 Date: Comments: plan set and specifications along with bid sheet previously received by the County. County estimated a price of$618,296.51. City is requesting that the 47 ponds are tracked as projects by site through the billing process to ensure that the City has adequate records of materials, time, and cost of each site. j i i i i i http://your.kingcounty.gov/kedot/roads/discretionary/dataentry.aspx?rn=KT-024 6/23/2011 CITY OF KE T KING COUNTY, WASHINGTON KE T SPECIAL PROVISIONS FOR 2011 Citywide Stormwater Pond Maintenance Project Number: 10-3,026 BIDS ACCEPTED UNTIL BID OPENING May 31, 2011 May 31, 2011 12:45 P.M. 1:00 P.M. DELIVER TO CITY OF KE T® CITY HALL 220 4th Avenue S., Kent, WA 98032-5895 TIMOTHY J. LAPORTE, P.E. PUBLIC WORKS DIRECTOR ��oF wasyiG� 37912 �C SOON F'ISTF -tip SS70IVAI tiNU fz KENT W A 5 H I N G T 0 N Maoindex Northwest Quadrant Pond/Asset I D. Name Address NW-1. STMHPA001 196th Corridor Pand 72nd 8,196th Northeast Quadrant NE-1 STMHPTT01 McCann Meadows 101st&201st(PANTAX) N E 2 ISTMHPUL104 Linda Crest 126th&201st pl_(PANTAX) NF-3 STMHPVC3 Morford Glen 216th&94th NE4 STMBSVC1 Garrison Creek.S-P 21&h&95th NE-5 STMHPV02 Glen Kara 222nd pl&%th pl. NE-6 STMHPV01 W311owway 222nd&98thpl, NE-7 STMHPZ02 Rose mary Glen 226th&96th --- NE-9 1STMHPY06 Dover Place 227th&102nd NE-9 !STMHP703 Wildberry 94th&233rd NE-10 ISTMHPW02 falcon Crest 10901219Lh PL(PANTAX) NE-11 ISTMHPY08 Williamsburg Estates 112th&224rh(PANTAX) NE-12 STMHPX07 Hunters.Grove 116th 230thpl- NE-13 STFAHPZZ01 Rosewood 21252116t h(PANTAX) NE-14 STMHPZZ23 Hill shi re Terrace 132nd.&214th way(PANTAX) NE-15 STMHPZZ17 Wimbeldon Ridge 130th.&21Ah pl.(PANTAX) NE-16 STMHPZZ20 Eastland.Meadov✓s 131st a[.&220th(PANTAX) NE-17 STMHPIZZ19 Matheson Park#2 129th&224th(PANTAX) NE-18 STMHPZZ13 Matheson Park#1 128th&224th(PANTAX) NE-19 STMHPX14 Pheasants Hollow Phase 2 1271h&229Lhct.(PANTAX) NE-20 STMHPPP09. Birchwood Acres 134th in.&235th IT.(PANTAX) NE-21 STMHPPP04 Meridian Forest 236th&133rd NE-22 STMHPX06 124th ave.pond 240th&124th Southwest Quadrant SW-1 STMHPPP07 Winterbrook 271st&Cardiff Ave. SW-2 STMHPM01 Rachel's Pl aw 6th&Rachel Pl. Southeast Quadrant SE-1 STMHP13B11 Walnut.Park Apt's 248th&112th SE-2 STMHPCC12. Meadow Hil is N orth. 248th&121st SE-3 STMHP0010 Pond 42 240th&133rd SE-4 STMHP0008 Loa Estates Div.4 241st&145th ---- SE STMHP0005 Loe Estates Div:1 245th&147th SE-6 STMHP0002 LK.Meridian North Div. 1 256th&146th SE-7 STMHP0006, Country Club Village 139th pl.&252nd pt. SE-8 STMHP0004 Me 6 di an PI ace 139th&256th SE-9 STMHP0001 Heath rgl e ri Estates 253rd'pl.&134th IT. SE-10 STMHPEE14-A Rose's Meadow Tract D 261st&124th pl. SE-11 STMHPEE14-B Rose's Meadow Tract F 126th&261st - SE-12 STMHPEE15 Dover Park 263rd&124th SE-13 STMHPFE20 Canterbury Greens 126th&264th SE-14 STMHPEE26 Locust Lane/Canterbury Glen Ke nt Kangley&126th _.. a SE-15. STMHPEE30 Cottonwood 121st&27oth SE-16 STMHPEE24 Burkhart Heighis 270th&117[hci.. SE-17 STMHPEE17 Kingston TrdctE 270th&116thpl. SE-18 STMHPFF01 Kangley Downs 114th&271st SE-19 STMHPJJ07 Pars Place 119th&277th m SE-20 STMHP-J02 Hycroft 273rd&12Gth pl. 5E-21 STMHP1104 Sun Meadows 42 127th&282nd --- SE-22 STMHPKK07-B I Nan€is Grove 278th&148th way REMOVAL OF 20fl CITYWIDE SHEET SEDIMENT, DEBRIS STORMWATER POND KEiVr MAP INDEX AND INVASIVE SPECIES MAINTENANCE MAP INDEX CITY OF KENT..•..° ENGINEERING DEPARTMENT IN AND AROUND POND HORIZONTAL NAD 83/91 W KENT. WA, 9aO32 POND VERTICAL: N FEB, 2011 GVD 1968 AT gIESI=�111111t11➢Igll(IIIIIIV �IIII IIIIIIIhIa"""*u �7�Ii I'lii loll l�E;pi `�s'g�tpli �lI�II IIIIIIIiIIIIIi Y m W u o vz 3 d u � NR p F T ( _ ( J_ =r1� i�l I I �' (� ✓r }��- - .,�I � 3-��, V �� ,i' tks-1 it qL Lrm y 7 p l �' . ✓'%r 1 �q- p04-1 It -�SlarYt� �� II hahl�� man III gyp-- Ali 1a svau +"> gy� 1.11IIi" - h 9,�. �. 'ib ,.Imr m( rzvu c Irma �o L "M1. l 1 y,.= .--'. 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(� 11��'.� `#wu 1` � � ' I �• .vl l9�i Z �I � � I � n5. ��, � �_k� I Im k, � Rc� h 1 4 Ip� -L. `x2I ... jj N O �� I �hx �,� I pp I � II / J i`" ��n � fl P II'=1fI� 6 �� �aa" 1�i MT xv I , 11 � le i I II f � IJ�.,4 II I I III�I »"11I1JI(ItINSIIISI�(b��4t1U4�14117 hi r UNION,?I 11" W I (I R '!� '*' Sa�'Ch'I�,I oII"ii �i Illk !�II��1��'' in d 11 'kIt(N(llll11�h7f 9 is°�' b„�It�GII�I IIIIItI(Ifl u"-,a n fat 11 tP Illll(C��;• Ii II I,I ;�� S '1111 II II1�4- II vt... , Exhibit B PROPOSAL i To the City Clerk 0 ;City Nall Cy 7 4 Kent, Washington 98032 The undersigned hereby certifies that _ has examined the job site and construction details of the work as outlined on the plans and described in the specifications for the project named 2011 ClI8ywide Storm water pond Maintenance/Project Number, 10-3 2 a for the City of Kent, Washington, and has read and thoroughly understands the plans and specifications and contract documents governing the work embraced in this improvement and the method by which payment will be made for that work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with the bid and contract documents, and at the following schedule of rates and prices: 140TE TO BIDDERS: 1) All bid items are described In the Kent Special Provisions (KSP) or the Standard Specifications (WSDOT) Reference the Section No. listed in this proposal, where the bid item is described. 2) Proposal items are numbered in sequence but are non-continuous. I 3) Unit prices for all items, all extensions, and total amount of bid must be shown. 4) Should bid items with identically worded bid item descriptions appear in more than one schedule of the proposal, the bidder must bid the same unit price. The City shall use the lowest unit,price submitted by the bidder for the items in question in each schedule where identical bid item description appears. Bid items with identically worded descriptions which appear in more than one schedule are denoted with an asterisk, (*). SCHEDULE I - STREET ITEM SECTIOfd APPROX. UNIT TOTAL NO. , NO. QUANTITY PRICE AMOUNT 1006 2-03,5 100 Roadway Excavation, $14.00 $1,400.00 WSDOT CU YIDS Including Haul Per CY Any bids; not filled cut properly may he considered non--vespcansive. I i Citywide Stormwater Pond Mamt./Murfllo 5 May 12,.2011 Project Number: 10 3026 SCHEDULE I — STORMWATER POND —UNIT s _ __ ITEM 'SECTION APPROX. ITEM TOTAL NO. NO. QUA NTYTY PRICE AMOUNT 1000 1-09.7 ' 1 Mobilization WSDOT LUMP SUM Per LS $ 1005 2-05.5 11 Clearing and Mowing ! 0D KSP ACRE Per AC Jim 1018 2-05.5 5 Remove Existing Tree Greater $ KSP EACH Than 18" Diameter Per EA I 1019 2 05.5 10 Remove Existing Tree Stump $�, ' ` $ 9 7 KSP EACH Greater Than 18" Diameter Per EA 1265 8 12.5 340 Remove and Restore Fence $ 1eU $ _ _ (��, da j 1 KSP LN Fr , Per LF i I 1355 8-33.5 1 Residential Construction $ $ KSP LUMP SUM Notification Postcards Per LS 4150 2 05.5 12;000 Removal and Disposal of $ 37,0 KSP TONS Solids/Sediments, Vegetation Per TON and Decant Liquids for Storm Detention Ponds 4160 8-15.5 146 Light Loose Riprap $ 3{1 3 $ k{��•,L '. WSDOT TONS Per TON 4175 4-04.5 200 Crushed Surfacing Top $ 5'~f`� $ -714�o �I> KSP TONS ' Course, 5/8 Inch Minus Per TON ($6.00 Min) i Citywide 8tormwater Pond Maint./Murillo 6 May 12, 2011 Project Number. 10-3026 SCHEDULE I - STORMWATER POND ITEM -SECTXON APPROX. � ITEM UNIT TOTAL NO. NO. QUANTITY P4110E AMOUNT 4215 1-04.4(l) 1 Minor Changes $10,000.00* $10,000.00 WSDOT FORCE Per FA ACCOUNT *Common price to all bidders 4225 7-00.1(5) 1 Temporary Storm Drainage $10,000,00* $10,000,00 KSP FORCE Bypass System Per FA' ACCOUNT *Common price to all bidders Sub Total $ 9.5% WA State Sales Tax $ Schedule I Total $ I I I I Citywide stormwater Pond Maint./Murillo 7 May 12, 2011 Project Number; 10 3026 SCHEDULE V -,TRAFFIC CONTROL ITEM SECTION APPROX. ITCH. UNIT TC➢TAC NO. NO. QUANTUM PRICE AMOUNT 5005 1-10.5 225 Traffic Control Labor $ $ � KSP HOURS Per HR 5010 1-105 192 Construction Signs Class A KSP SQ FT, Per SF $ 5015 1-10.5 17 Traffic Control Supervisor $ ���.�ci $ �(761 t KSP HOURS Per HR 5025 1-10.5 1 'temporary Traffic Control $ $ KSP LUMP SUM Devices Per LS r 5035 1-10.5 20 Sequential Arrow Sign (SAS) $ $ KSP DAYS Per DAY I Sub Total $ v I ,, f 9.5% WA State Sales Tax 8 Schedule V Total $ I i '. .Citywide stormwater Pond Maint./Murillo 8 May 12,2011 Project Number: 10-3026 SCHEDULE VII - TEMPORARY EROSION AND SEDIMENTATION CONTROL XTEN SECTION APPROX. ITEM UN TT TOTAL No. NO. 4749ANTITY PRICE AIN®IJidT 7000 8-01.5 6 Seeding, Fertilizing and 35 $ 11 `-' KSP ACRE Mulching Per AC U 7005 8-01.5 1,850 Filter Fabric Fence $ e $ KSP LN FT Per LF 7915 8 01.5 24 Inlet Protection $� ` $ KSP EACH Per EA 7020 8-01.5 1,000 Straw Mulch KSP SQ YDS Per SY 7035 8-01.5 4,000 Erosion Control Blanket $ k °� $ 1 r 1 t WSDOT SO YDS Per SY i I 7040 8-01.5 1 Street Cleaning $5,000.00* $5,000.00 WSDOT FORCE Per FA ACCOUNT *Common price to all bidders 7055 8-01.5 1 Temporary Erosion/Water $6,000.00* $6,000.00 WSDOT FORCE Pollution Control Per FA ACCOUNT *Common price to all bidders 7060 8-01.5 1 Stormwater Tanker Truck $5,000,00* $5,000.00 KSP FORCE Per FA ACCOUNT *Common price to all bidders 7065 8-01.5 1 Baker Tank $10,000.00* $10,000.00 KSP FORCE Per FA i ACCOUNT *Common price to all bidder's Gtywide Stormwater Pond Maint,/Murillo 9 May 12, 2011 Project Number 10-3026 SCHEDULE VII - TEMPORARY EROSION AND SEDIMENTATION CONTROL. ITEM SECTION APPROX. ITEM UNIT TOTAL. NO, NO. 2UANTITY PRICE AMOUNT Sub Total 9.5% WA State Sales Tax $ Schedule VI1 Total $ I II i I s Citywide Stormwater Pond Mamt,/Mur llo 10 May 12, 2011 'Project Number: 10-3026 x BID SUMMARY -yy Ifs Scheduler I11-1 -73 Schedule V S ., c> - Schedule 19TTt TOTAL 131D AMOUNT I II i I I i i Citywide Stormwater Pond Maim/Murillo 11 May 12, 2011 ICI Project Number: 10-3026 ',. AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR THE PROVISION OF SURFACE WATER SERVICES i This agreement is hereby entered into by King County,Department of Natural Resources, 2 and the City of Rent,a municipal corporation,for the provision of surface water related services 3 to Kent. 4 WHEREAS,Kent has an established surface water program to preserve and protect the 5 environment,public and private property, and the health and welfare of its citizens; e WHEREAS,Kent has identified the need to enhance its surface water program due to 7. annexation actiyity and emerging water resource priorities; a WHEREAS,through an interlocal agreement,King County is able to provide appropriate 9 services to Kent's residents and property owners through its surface water related programs, and to the City wishes King County to provide these services,and 11 WHEREAS,pursuant to RCW 39.34,the Intedocal Cooperation Act,the parties are each 12 authorized to enter into an agreement for cooperative action; 13 NOW THEREFORE,the parties hereto agree as follows: 14 L Pose of the Agreement 15 A. The purpose of this Agreement is to establish mechanisms by which King County will 16 provide the City of Kent and its residents and property owners with certain surface 17 water management services,as determined by the parties. is B. This Agreement sets forth the services which the parties agree will be provided within 19 the Kent city limits and provides cost estimates for those services. 20 C. This Agreement establishes procedures for documenting the levels and costs of actual 21 services delivered and for billing the City of Kent. 22 D. This Agreement provides for making additions and adjustments to the types,levels, 23 and costs of services requested by Kent and provided by King County in the future. 24 II. Management of Contracted Drainage Services 25 A. The City and County will by written correspondence identify the City and County 25 liaisons responsible for administering this agreement,including day-to-day service 27 - provision,contract performance,and notifying the County of requests for additional 28 services or for changes to agreement terms. 29 B. The liaisons will implement procedures,as set forth agreement section N.B.,for 30 adjusting the type and level of services to be provided to the City, and/or for 31 requesting and providing expanded or additional services which may be identified in 32 the future. 33 C. The County and City liaisons will be available to meet with 10 days'notice to review 34 - contract performance or to review or resolve service issues.Any issues which cannot 35 be resolved by the County and City liaisons shall be referred to the Director of the •1- I King County Department of Natural Resources and the City Manager of Kent or their 2 respective designees. 3 in. Responsibilities of the Parties 4 A. King County 5 1. King County will provide the services as set forth in this agreement and 6 collaborate with Kent on provision of any additional services identified,as 7 described in agreement section IV. 8 2. King County will keep records of services delivered in Kent and will make said 9 records available to Kent at least quarterly or as requested. 10 B. Kent 11 1. Kent will maintain the legal authority to operate a surface water management 12 program,and to contract with King County for drainage related services. 13 2. Kent will maintain procedures to manage the delivery of specific services under 14 this agreement. 15 IN'. Services to Be Provided 16 This section sets forth services to be initiated as of the effective date of this agreement, 17 and outlines mechanisms by which Kent may request and King County may provide 18 expanded or additional services which may he identified. 19 A. Current Services 20 King County will provide annual inspection services for commercial drainage facilities 21 within the"Meridian"area annexed to Kent on 111196. Services,estimated cost,and 22 facilities are described in Exhibit One,attached to this agreement and incorporated 23 herein. 24 B. Additional Services 25 1. Should Kent identify the need to request additional surface water related services 26 from King County,or to expand services already being provided,Kent will make 27 the request in writing to the King County liaison, as established in agreement 28 section H. 29 2. The King County and Kent liaisons, and other King County and Kent staff as 30 needed,will agree in writing on a scope of work for the additional or expanded 31 work requested.King County will provide a written cost estimate in cases where 32 work is projected to cost over$500, 33 3. When King County and Kent have agreed on the scope of work,Kent will submit 34 - to King County a signed letter,with written scope of work and any written cost 2 1 estimate attached,to authorize the work.Work may be initiated when King 2 County has acknowledged receipt of the letter and attachments. 3 4. Letters authorizing additional work, along with any attachments,will be appended 4 to this agreement. 5 5. Provision of services is subject to the availability of SWM staff. 6 V. Financial Arrangements 7 A. Service Costs 8 1. Estimated costs for services are provided in advance for service planning 9 purposes.Actual costs of providing services may vary from estimates.Both 10 estimated and actual costs account for direct costs plus administrative overhead 11 charges as required by King County Council Motion No. 8689, 12 2. Service costs are subject to King County annual budget processes. Costs will 13 reflect relevant economic adjustments such as cost of living increases adopted by 14 the King County Council, 15 B. Billing and Payment for Services 16 1. King County will prepare and present to Kent quarterly invoices showing actual 17 services provided and the total cost of those services. 18 2. Kent will pay King County within 45 days after receipt of the invoice. 19 V1. Effectiveness and Duration 20 This Agreement will be effective upon signature by both parties and be automatically 21 renewed from year to year unless canceled in writing by either patty. Cancellation must be 22 made in accordance with the Termination and Amendment provisions of this Agreement, 23 below. 24 VII. Termination and Amendment 25 A. This Agreement may be amended,altered,or clarified only by written agreement of 26 the parties hereto. 27 B. This Agreement may be terminated by either party on ninety(90)days written notice 28, to the other party. In the event of termination by Kent,the City will be responsible 29 for actual costs for services to the end of the quarter in which the termination of 30 services occurs. 31 C. This agreement is the complete expression of the terms hereto and any oral or written 32 representations or understandings not incorporated herein are excluded. The parties 33 recognize that time is of the essence in the performance of the provisions of this 34 agreement.Waiver of any default shall not be deemed to be waiver of any subsequent 35 default.Waiver of breach of any provision of this agreement shall not be deemed to be 3 1 a waiver of any other or subsequent breach and shall not be construed to be a 2 modification of the terns of the agreement unless stated to be such through written 3 approval by the parties which shall be attached to the original agreement. 4 VM. Hold Harmless and Indemnification 5 A. The County shall indemnify and.hold harmless the City and its officers,agents and 6 employees, or any of them from any and all claims,actions,suits,liability,loss,costs, 7 expenses and damages of any nature whatsoever,by reason of or arising out of any s negligent act or orission of the County,its officers, agents and employees, or any of 9 them,relating to or arising out of the performance of this Agreement.In the event 10 that any such suit based upon such a claim,action,loss or damage is brought against 11 the City,the County shall defend the same at its sole cost and expense;provided,that 12 the City reserves the right to participate in such a suit if any principle of 13 governmental or public laws is involved. If final judgment be rendered against the 14 City and its officers,agents and employees, or any of them,or jointly against the City 15 and the County and their respective officers,agents and employees,or any of them, 16 the County shall satisfy the same. 17 B. In executing this Agreement,the County does not assume liability or responsibility for 18 or in any way release the City from any liability or responsibility which arises in 19 whole or in part from the existence or effect of City ordinances,rules or regulations. 20 If any cause,claim,suit, action or administrative proceeding is commenced in which 21 the enforceability and/or validity of any such City ordinance,rule or regulation is at 22 issue,the City shall defend the same at its sole expense and if judgment is entered or 23 damages are awarded against the City,the County or both, the City shall satisfy the 24 same,including all chargeable costs and attorney's fees. 25 C. The City shall indemnify and hold harmless the County and its officers, agents and 26 employees,or any of them,from any and all claims,actions, suits,liability,loss,costs, 27 expenses and damages of any nature whatsoever,by reason of or arising out of any 29 negligent act or omission of the City,its officers, agents and employees, or any of 29 them,relating to or arising out of the performance of this Agreement.In the event that 30 any suit based on such a claims action,loss or damage is brought against the County, 31 the City shall defend the same at its sole cost and expense;provided that the County 32 reserves the right to participate in said suit if any principle of governmental law is 33 involved;and if final judgment be rendered against the County,and its officers,agents 34 and employees,or any of them,or jointly against the County and their respective 35 officers, agents and employees,or any of them, the City shall satisfy the same. 4 I D. The foregoing indemnity is specifically and expressly Intended to constitute a waiver 2 of each party's immunity under Washington's Industrial Insurance Act,RCW Title 3 51,as respects the other party only,and only to the extent necessary to provide the 4 indemnified party with a full and complete indemnity of claims made by the 5 indemnitor's employees. The parties acknowledge that these provisions were 6 specifically negotiated and agreed upon by them. 7 9 10 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the a 6 of 1997. -- 12 13 Approved as to form: KING COUNTY: 14 15 16 17 Deputy Prosecuting Attorney King County Executive is 19 20 CITY OF KF.NT: 21 22 23 24 Legal Counsel &`63 T_ CI Ty A't`r'y. ior 5 Exhibit One DESCRIPTION OF COMMERCIAL DRAINAGE FACILITY INSPELTION SERVICES Facilities to be Insnected:Commercial drainage facilities located within the'2vferidi&' annexation area.As of the date of this agreement,the area contains 41 commercial facilities, as v listed below, . FacIlIty Number facility Name -1. D96090 PUGET POWERSEQUOIA dAV BE 2. 096130 NATURAL TRAILS TOWN-HOUSES 13201 BE 258TH ST 3, D95248 CHILDREMSWORLD 14719.BE 272nd ST 4. 005591 KING COUNTY FIRE DISTRICT 37 25620.140TH AVE S. 5. 095772 VALLEY CHRISTIAN 26605 124 AVE$I- S. D98336 - PACIFIC NORTHWEST BELL 1422 BE 260 ST 7. D96340 KENT HIGHLAND SHOPPING CENTER 27221 132NO AVE BE. S. D96350 COLUMBIA GREENHOUSES 12525 BE 248TH ST 9. D96351 COLUMBIA GREENHOUSES 12525 BE 24M ST 10. 096368 SHURGARD STORAGE 27333 132ND AVE BE 11. - D96387 SPRINGWOOD APARTMENTS 27360-1291h PLACE 12, D80386 LAKE MERIDIAN VILLAGE CONDOS 138 AVE BE&SE 258 93. D96484 7HE WNNERS CIRCLE OR 27119 SODS OREEK DR. 14. D98465 THE WNNER3 CIRCLE SO 27110 152ND WAY 5E 15. 096698 RESER RANCH 28438 132ND AVE SE 16. D96707 LAKE MERIDIAN APARTMENTS 14800 BE 272ND ST 17. D96708 LAKE MERIDIAN APARTMENT6 14800 BE 272ND ST'" 18. D98709 tAKE MERIDIAN APARTMENTS 14800 BE 272ND ST 19. D96787 HOAGY'S CORNER BE 272 ST&132 AVE 29. 096878 CHURCH OF JESUS CHRIST OF LDS 12817 BE 256TH ST. 21. 096902 BOOS CREEK MOBILE ESTATES 15410 SE 272ND ST 22. D96903 SODS CREEK M081LE ESTATES 15410 BE 272ND ST 23. 096925 152ND RETAIL BUILDING 15220 S,E.272ND ST, 24. D96948 MARTIN SORTUN ELEMENTARY SCHOOL 12711 BE 248TH ST 25. 096956 LAKE MERIDIgtd SHORES 14200 BE 272ND ST 26, D85957 LAKE MERIDIAN SHORES 14200 BE 272ND ST 27, D96958 LAKE MERIDIAN AN 114200 BE 272ND ST 28, ID96959 LAKE MERIDIAN SNORES 114200 BE 272ND ST 29. 1097253 COVINGTON FIRE:;TAT]ON 15835 BE 272ND ST 30. IU90bf I KING COUNTY WATER DISTRICT 11 1 27224-144 AVE SE 31. D97358 KING COUNTY WATER DISTRICT 1 1 1 27224-144 AVE SE 32. D97443 FAITH BAPTIST CHURCH 25836 140TH AVE BE 33. D97444 FAITH BAPTIST CHURCH 25636 140TH AVE BE 34. D97598 COUNTRY GLEN APARTMENTS 27430 132ND AVE BE 35. D97517 COUNTRY GLEN APARTMENTS 27430 132ND AVE BE 4qu. DV7t)bd 7518 COUNTRY GLEN APARTMENTS 27430 132ND AVE SE 7519 COUNTRY HILLS APARTMENTS 27430 132ND AVE S£ 7539 BOOS CREEK ESTATES 117550 MERIDIAN ELEMENTARY SE 2587H S7&140TH MERIDIAN ELEMENTARY ISE 258TH.&1401 HAVE 41. D97664 ZION LUTHERAN CHURCH 125105 13211 AVE SE Description of Services • SWM staff will inspect facilities for maintenance needs,according to existing Ring County maintenance standards,on an annual basis. •- Information resulting from inspections will be input to SYWs Management Information System,'Rom which Maintenance Correction Letters(MCLs)citing needed work will be issued, ' • Copies of the Jeffers,along with a spreadsheet summarizing inspection results,will be forwarded to the City.Letters are for information purposes for the City only and will not be altered from the Ring County format. Cost Estimate: 'Annual costs for services as described above are estimated at$5,800(as of the date of this agreement).Changes to service elements and procedures,or additions to the inventory of facilities to be inspected,may result in revisions to estimated and actual costs: KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: July 5, 2011 SUBJECT: S. 228th Street Improvements Agreement - Authorize MOTION: Authorize the Mayor to sign a Goods and Services Agreement with Fox Electric Co., to relocate power service for the S. 228th Street Improvements project in an amount not to exceed $15,890, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: S. 228th Street Improvements include the installation of 72" storm drain pipe along the frontage of Cobble Hill and Denver Wholesale Florist properties within a 60' utility easement obtained by the City. The location of the pipe in this easement versus the City right-of-way will allow for the future S. 228th/Union Pacific Railroad Grade Separation project. A private electrical service to Denver Wholesale Florist is in conflict with the storm pipe and needs to be relocated by a licensed electrical contractor. The relocation is required for the City's project and is entirely on private property; therefore, the cost of the work must be paid by the City. EXHIBITS: Public Works Memo dated 6/9/11 and Goods & Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Stormwater drainage utility funds will be used to pay for this work. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 9, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 20, 2011 From: Kelly Castel P.E., Design Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Contract/Fox Electric Co. - S. 228th Street Improvements Item - 4 Motion: Move to recommend Council authorize the Mayor to sign a Contract with Fox Electric Co, to relocate power service for the S. 228th Street Improvements project, in an amount not to exceed $15,890, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: S. 228th Street Improvements include the installation of 72" storm drain pipe along the frontage of Cobble Hill and Denver Wholesale Florist properties within a 60' utility easement obtained by the City. The location of the pipe in this easement versus the City Right-of-Way will allow for the future S. 228th/Union Pacific Railroad Grade Separation project. A private electrical service to Denver Wholesale Florist is in conflict with the storm pipe and needs to be relocated by a licensed electrical contractor. The relocation is required for the City's project and is entirely on private property; therefore, the cost of the work must be paid by the City. Budget Impact: Stormwater drainage utility funds will be used to pay for this work. KENT GOODS & SERVICES AGREEMENT between the City of Kent and Fox Electric Co. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Fox Electric Co. organized under the laws of the State of Washington, located and doing business at PO Box 630, Kent, WA 98035-0630, Phone: (253) 852-0540/Fax: (253) 854-6139, Contact: Riley Yerxa (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall relocate power service to Denver Wholesale Florist as part of the S. 228th St. Improvements project. For a description, see the Vendor's May 18, 2011 Scope of Work which is attached as Exhibit A and incorporated by this reference. i I Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2011. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Fifteen Thousand, Eight Hundred Ninety Dollars ($15,890.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: The Vendor shall be paid after submittal of invoice. GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE, IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. GOODS & SERVICES AGREEMENT - 2 (Over $10,000.00, including WSST) V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following i information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. I The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, GOODS & SERVICES AGREEMENT - 4 (Over$10,000,00, including WSST) sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. i XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach, The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option GOODS & SERVICES AGREEMENT - 5 (Over $10,000.00, including WSST) conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E, Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of 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. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws, The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 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. GOODS & SERVICES AGREEMENT - 6 (Over$10,000,00, including WSST) VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Riley Yerxa Timothy J. LaPorte, P.E. Fox Electric Co. City of Kent PO Box 630 220 Fourth Avenue South Kent, WA 98035-0630 Kent, WA 98032 (253) 852-0540 (telephone) (253) 856-5500 (telephone) (253) 854-6139 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: i i Kent Law Department Fox eledrlc-DWF/Cas[eel GOODS & SERVICES AGREEMENT 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities, 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. I EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement, I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 I 1 Exhibit A I To The City Of Kent ATT: Arnie Tomac I, RE: 228`h Street Storm Water Pipe Denver Wholesale Floral Electrical Conduit Relocation Electrical bid includes the following, I 1. Provide asphalt cut, removal and patq. 2, Provide trenching, backfill and compaction. 3. Reroute the existing power conduits that run from DWF to the PSE transformer. 4. Remove and replace the power cable that run from DWF to the PSE transformer. 5. Provide a temp power generatoe for pNtF, 6. Power shut down to the building is to If business hours. 7. Electrical pen-nit and special inspect4l fees. Bid Price $15,890.00 Excludes bluest telephone cable rerouting, PSE costs. Riley Yerxa Fox Electric !i I 1 ' I FOX ELECTRIC " Y.O.BOX 630 + KENT, WA `" 253-85M540 "' 253.854..6139 i KENT Agenda Item: Consent Calendar — 7I TO: City Council DATE: July 5, 2011 SUBJECT: Hawley Road Levee Contract — Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers Inc., in an amount not to exceed $22,250 to provide Additional Design Recommendations for the Hawley Road Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As part of the Hawley Road Levee certification, additional recom- mendations for the design and construction of Hawley Road Levee improvements are required. GeoEngineers will provide recommendations to complete the design for this work. This scope also includes time for GeoEngineers to address and respond to any comments from FEMA on the review of the Conditional Letter of Map Revision (CLOMR) submittal and update their previous certification report as necessary. EXHIBITS: Public Works Memo dated 6/9/11 and Consultant Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Stormwater drainage utility funds will be used to pay for this consultant services agreement. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 9, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 20, 2011 From: Kelly Castel P.E., Design Engineering Manger Through: Chad Bieren, P.E., City Engineer Subject: Contract/GeoEngineers Inc. - Additional Design Recommendations for the Hawley Road Levee Item - 5 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers Inc., to provide additional design recommendations for the Hawley Road Levee in an amount not to exceed $22,250, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: As part of the Hawley Road Levee certification, additional recommendations for the design and construction of Hawley Road Levee improvements are required. GeoEngineers will provide recommendations to complete the design for this work. This scope also includes time for GeoEngineers to address and respond to any comments brought up by FEMA on the review of the CLOMR submittal and update their previous certification report as necessary. Budget Impact: Stormwater drainage utility funds will be used to pay for this consultant services agreement. KENT W gSHINGiGN CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the "Consultant"). t I I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: i The Consultant shall provide additional design and construction recommendations for the Hawley Road Levee project, as well as address comments from FEMA and reviewers, and update previous certification report as necessary. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 30, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Two Thousand, Two Hundred Fifty Dollars ($22,250.00), plus applicable Washington State sales tax, 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 B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be j used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. 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. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which_ shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO, CONSULTANT: CITY OF KENT: L Lyle Stone Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) - -- APPROVED AS TO FORM: Kent Law Department GeoEnylneers'-Hawley Rd/Ca,te0 CONSULTANT SERVICES AGREEMENT - 5 (Over $10,000) i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. i 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 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: I 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. I Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. i I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 i By: For: Title: Date: i i EEO COMPLIANCE DOCUMENTS - 3 i EXHIBIT A GEOENGiNEERS, INC. HAWLEY ROAD LEVEE IMPROVEMENTS GREEN RIVER, FROM SR 167 TO SR 516 KENT, WASHINGTON FILE NO. 0410-175.00 I SCOPE OF SERVICES- GEOTECHNICAL The purpose of our services is to provide additional recommendations for the design and construction of Hawley Road Levee project, address comments from Federal Emergency Management Agency (FEMA) and reviewers, and update our previous certification report as necessary. Our geotechnical scope of services includes: 1. Provide additional recommendatjons for levee construction including recommendations and analysis for design of roadway sections constructed on certified levee sections. 2. Attend meetings with City of Kent and the design team or FEMA to coordinate geotechnical engineering and civil engineering design with the City of Kent and assist with levee certification. 3. Assist the City of Kent with revisions to the operations and maintenance manual and other parts of the submittal as needed. 4. Address comments and revise submittals as needed. This includes coordination with the City of Kent, Northwest Hydraulics, U.S. Army Corps of Engineers (USACE) and FEMA to incorporate necessary revisions into the submittal of the final report. Our scope does not include developing plans for construction of levee improvements. This scope also does not include any construction management, monitoring or inspections. 11s:GWHat Attachment: Exhibit B Fee Estimate Disc almen Any enctronic form,facsimile or hard copy of the original document(email,tent,table,and/or figure),if provided,and any attachments are only a copy of the m iginnl document The orlglnal document Is stored by GeoEngineers,Inc.and will serve as the official document of record. Copyright©2011 by GeoEnginems,Inc.All rights reserved. I i i i EXHIBIT B FEE ESTIMATE CRY OF KENT ADDITIONAL GEOTECHNICAL ENGINEERING SERVICES HAWLEY ROAD LEVEE IMPROVEMENTS GREEN RIVER, FROM SR 167 TO SR 516 FILE NO.0410-175-00 Personnel Hours x Rate = Cost Principal (Gary Henderson) 30 x $160 = - $4,800 Project Engineer 1(Lyle Stone) 70 x $145 = $10,150 Engineer/Scientist I(Craig Jordan) 45 x $95 = $4,275 CAD Designer 15 x $85 = $1,275 Support 10 x $75 = $750 Subtotal Personnel Cost(direct costs) $21,250 Other Expenses Reproduction,Milage,other expenses. $1,000 Subtotal(indirect costs) $1,000 Total Estimated Costs $22,250 j i I j i File No.0410-175-00FOLNGINCE(t5f June 7,2011 ' i EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. I 4. Professional Liability insurance appropriate to the Consultant's profession. i B. Minimum Amounts of Insurance I Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. I i EXHIBIT C (continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. In the event Notice of Cancellation or Non-Renewal of Insurance is provided to Consultant by Consultant's insurer, the Consultant is required to provide 30 days prior written notice by Certified Mail, return receipt requested to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: July 5, 2011 SUBJECT: Horseshoe Bend Levee Contract - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers Inc., in an amount not to exceed $30,820 to provide Additional Design Recommendations for the Horseshoe Bend Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Construction is required on the Horseshoe Bend Levee in order to certify it. This contract will allow GeoEngineers to provide additional recom- mendations to complete the design of this work. This scope also includes time for GeoEngineers to address and respond to any comments from FEMA on the review of the Conditional Letter of Map Revision (CLOMR) submittals for both the Horseshoe Bend and Foster Park Levees. EXHIBITS: Public Works Memo dated 6/9/11 and Consultant Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This work will be fully reimbursed by the $10 million Department of Ecology Grant for the Horseshoe Bend Levee. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 9, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 20, 2011 From: Mark Madfai, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract/GeoEngineers Inc. - Additional Design Recommendations for the Horseshoe Bend Levee Item - 6 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers Inc., to provide Additional Design Recommendations for the Horseshoe Bend Levee in an amount not to exceed $30,820, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: Construction is required on the Horseshoe Bend Levee in order to certify it. This contract will allow GeoEngineers to provide additional recommendations to complete the design of this work. This scope also includes time for GeoEngineers to address and respond to any comments brought up by FEMA on the review of the CLOMR submittals for both the Horseshoe Bend and Foster Park Levees. Budget Impact: This work will be fully reimbursed by the $10 million Department Of Ecology Grant for the Horseshoe Bend Levee KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide additional design and construction recommendations for the Horseshoe Bend Levee project, as well as address comments from FEMA and reviewers, and update previous certification report as necessary. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Thousand, Eight Hundred Twenty ($30,820.00), plus applicable Washington State sales tax, 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 B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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. i D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. I CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lyle Stone Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GeoEngineers-HoResnoa Bend levee/Madfal CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20_. I By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy, 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT n This form shall be filled out AFTER COMPLETION of this protect 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 Ke nt. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 i EXHIBIT A GEOENGINEERS, INC. HORSESHOE BEND LEVEE IMPROVEMENTS GREEN RIVER KENT, WASHINGTON j FILE NO. 043.0.172.00 SCOPE OF SERVICES - GEOTECHNICAL The purpose of our services is to provide additional recommendations for the design and construction of the Horseshoe Bend Levee project, address comments from Federal Emergency Management Agency (FEMA)and reviewers, and update our previous certification report as necessary. Our geotechnical scope of services includes: 1. Provide additional recommendations for levee construction including recommendations for sheet pile walls located along the east bend(Horseshoe Acres area)of the Horseshoe Bend Levee. 2. Provide additional and revised levee analysis of up to two additional cross sections in the east bend. This analysis will be completed and prepared for inclusion in the Levee Certification submittal. 3. Attend meetings with City of Kent and the design team or FEMA to coordinate geotechnical engineering and civil engineering design with the City of Kent and assist with levee certification. 4. Assist the City of Kent with revisions to the operations and maintenance manual and other parts of the submittal as needed. S. Address comments and revise submittals as needed. This includes coordination with the City of Kent, Northwest Hydraulics, U.S. Army Corps of Engineers (USACE) and FEMA to incorporate necessary revisions into the submittal of the final report. Our scope does not include developing plans for construction of levee improvements. This scope also does not include any construction management, monitoring or inspections. Us:GwH:tt Attachment: Exhibit B Fee Estimate Disclaimer.Any electronic form,facsimile orhard copy of the original document(email,text,table,and{orfigumb If provided,and anyettachmonts are onlya copy of the original document.The original document is stored by GeoEnginemm,Inc.and will seine as the ofhcia4document of record Copyright©2011 by GecrEngleeers,Inc.All rights reserved. i EXHIBIT B FEE ESTIMATE CITY OF KENT ADDITIONAL CEOTECHN[CAL ENGINEERING SERVICES HORSESHOE BEND LEVEE IMPROVEMENTS GREEN RIVER FILE NO.0410-172-00 Personnel Hours x Rate = Cost Principal (Gary Henderson) 40 x $160 = $6,400 '.. Project Engineer 1(Lyle Stone) 96 x $145 _ $13,920 Engineer/Scientist I(Craig Jordan) 65 x $95 = $6,175 CAD Designer 20 x $85 = $1,700 Support 15 x $75 = $1,125 Subtotal Personnel Cost(direct costs) $29,320 ',.... Other Expenses Reproduction,Milage,other expenses. $1,500 Subtotal(indirect costs) $1,500 Total Estimated Costs $30,820 i File No.0410-175-00 June 7,2011 GEOENGINEERS..rf yt EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. S. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. I� EXHIBIT C (continued) 3: Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. i 2. In the event Notice of Cancellation or Non-Renewal of Insurance is provided to Consultant by Consultant's insurer, the Consultant is required to provide 30 days prior written notice by Certified Mail, return receipt requested to the City. 3, The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. I� KENT Agenda Item: Consent Calendar — 7K TO: City Council DATE: July 5, 2011 SUBJECT: Pavement Grinding Agreement — Authorize MOTION: Authorize the Mayor to sign a Goods and Services Agreement with Pyramid Grinding for Asphalt Grinding Services, in an amount not to exceed $29,400, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In an effort to better maintain the condition of Kent's streets, the Public Works Department will be selectively repairing damaged pavement sections within the Panther Lake Annexation Area. This work requires the use of an asphalt pavement grinder. By utilizing a grinder, we can better target specific areas of streets that need replacement. The grinder can quickly and efficiently remove pavement to a desired depth prior to replacement of the damaged area with new asphalt. Due to the high cost of purchasing and maintaining a grinder, it is not cost effective for the City to own one. It is more cost-effective to rent one when needed. This contract is for rental of the grinder machine, one operator and one ground spotter. EXHIBITS: Public Works Memo dated 6/15/11 and Goods & Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funding for this work will be provided through the City's Panther Lake Annexation budget. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 15, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 20, 2011 From: Bill Thomas, Street Superintendent Through: Chad Bieren, P.E., City Engineer Subject: Contract/Pyramid Grinding — Pavement Grinding Item - 7 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Pyramid Grinding for asphalt grinding services in an amount not to exceed $29,400, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: In an effort to better maintain the condition of Kent's streets, the Public Works Department will be selectively repairing damaged pavement sections within the Panther Lake Annexation Area. This work requires the use of an asphalt pavement grinder. By utilizing a grinder, we can better target specific areas of streets that need replacement. The grinder can quickly and efficiently remove pavement to a desired depth prior to replacement of the damaged area with new asphalt. Due to the high cost of purchasing and maintaining a grinder, it is not cost effective for the City to own one. It is more cost-effective to rent one when needed. This contract is for rental of the grinder machine, one operator and one ground spotter. Budget Impact: Funding for this work will be provided through the City's Panther Lake Annexation budget. X1I r 1l PYRAMID G R I N b 1 N G Po Box 2377 Renton,WA 99056-0377 a Phone:(125)917-9570 s Fax:(Ili)917.9469 I I SUBCONTRACT PROPOSAL i OPERA 77ONS MANAGER 70E) SPOSAPJ Date: 5-9-ri Tor City'of Kent A TTN. Brent Collins E-mail B Collins @ CI. Kent.WA.US .70br City bf Kent, Various Locations FAX I 253;856-6600 CEL 253-740-1452 Item# QuantitV Unit Unit(Price Total r RGha0 Shift um4,900.00 I I I I i Total Proposed Price: 4 90QOt7 j Descripfiu' : Brent,This charge is based on an 8hr, shift charge, includes 1 mobilization with a Top man and a Ground man, price includes milling with!a 48"drum,.a 26"drum is available if needed, There will he a $400.00 charge for a;drum swap if 26"drum is needed, City of Kent to supply sweeper and trucking. Thank you, Joey Sposari, 425-761-7501 j I I i II i i Note; Tenvs Anri Ezc/usions Attached QUOTE AND FOLLOWING TERMS AND EXCLUSIONS MUST BE SIGNED AND RETURNED BEFORE ANY WORK CAN BE ! SCHEDULED, SIGNING THIS QUOTATION INDICATES ACCEPTANCE OF THE ATTACHED TERMS AND EXCLUSIONS. i I Accepted By; date: - i I Thank You i i Project Budget Consultant proposes to perform grinding services for a daily amount of$4,900 for the City of Kent's asphalt grinding project as follows: Project,� Days Daily Rate Total Asphalt Grinding Services 6 $4,900 $29,400 i I KENT Agenda Item: Other Business — 8A TO: City Council DATE: July 5, 2011 SUBJECT: Emergency Six-Month Moratorium — Medical Marijuana Ordinance — Adopt MOTION: Adopt Ordinance No. declaring an emergency and adopting a six-month moratorium within the City of Kent on the establishment, location, operation, licensing, maintenance or continuation of medical marijuana collective gardens or dispensaries and setting a date for a public hearing on the moratorium. SUMMARY: During the 2011 legislative session, the Legislature passed E2SSB 5073. While still illegal under federal law, the bill would have legalized medical marij- uana dispensaries and collective grow operations. However, due to warnings from U.S. Attorneys that state workers would be subject to criminal charges, the Governor vetoed numerous portions of the bill, including sections that would have permitted dispensaries. Other sections of the bill were signed into law by the Governor. The Governor's partial veto of the bill left intact the allowance for collective grows, but eliminated many sections of the bill regarding the manner in which the collective grows are to be regulated. This has resulted in a very confusing legal landscape which cities must now negotiate. There are currently three to four medical marijuana dispensaries operating within the city limits of Kent. The medical marijuana dispensary community has already begun to seek ways to establish collective grow operations that look more like dispensaries than the collective grows apparently contemplated by E2SSB 5073. The City has the authority to regulate these collective grows through zoning, licensing, and taxing. It is imperative that the City take a measured and well thought out approach to deter- mining such issues as zoning the locations of the collective grows; establishing design standards to ensure the health, safety and welfare of those conducting the grows or living and working near the grows; and other issues such as licensing, and the legal impact that this law will have since these activities will continue to violate federal law. Therefore, a moratorium is necessary to permit staff to establish regulations that protect the public health, safety and welfare, and analyze the complicated issues E2SSB 5073 presents. This ordinance is presented as an emergency ordinance effect- ive upon passage. As an emergency, the ordinance requires a vote of the majority plus one of the whole council in order to become effective. If passed, a public hearing will occur on July 19, 2011, for the council to consider public comment. EXHIBITS: Ordinance with Exhibits RECOMMENDED BY: BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, declaring an emergency and adopting a six-month moratorium within the city of Kent on the establishment, location, operation, licensing, maintenance or continuation of medical marijuana collective gardens or dispensaries, asserted to be authorized or actually authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the state of Washington, setting a date for a public hearing on the moratorium, and providing that the moratorium will take effect immediately upon passage. RECITALS and PRELIMINARY FINDINGS A. The possession or distribution of marijuana has been and continues to be a violation of state law pursuant to Chapter 69.50 Revised Code of Washington (Washington's Uniform Controlled Substances Act), and federal law, through the Controlled Substances Act ("CSA"). B. Initiative Measure No. 692, approved by the voters of Washington State on November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited defense to marijuana charges under state, not federal, law if the person charged could demonstrate that he or she 1 Emergency Six-Month Moratorium Medical Marijuana was a qualifying patient or designated provider as those terms are defined in Ch. 69.51A RCW. In 2007, the state legislature amended the law, and again in 2011, the state legislature passed a third amendment to the law, E2SSB 5073, Chapter 181, Laws of 2011, portions of which the Governor vetoed. The newly amended law will take effect on July 22, 2011. C. Prior to issuing her partial veto, the Governor received a letter signed by Washington's two top U.S. Attorneys, Mike Ormsby and Jenny Durkin. In their letter, they wrote that marijuana is a Schedule I controlled substance under federal law, and as such, "growing, distributing and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities." These U.S. Attorneys also concluded, "state employees who conducted activities mandated by the Washington legislative proposals would not be immune from liability under the CSA." A copy of that letter is attached and incorporated as Exhibit A. D. Because the Governor vetoed 36 of the 58 sections of the legislature's bill amending Chapter 69.51A RCW, the law, in its final form, understandably has inconsistencies and ambiguities. For example, certain sections that were not vetoed make reference to other sections that were vetoed. E. Further, as these legislative amendments developed, Kent saw the establishment of medical marijuana "dispensaries" within city limits. These dispensaries offer marijuana and marijuana products to numerous persons, asserting that they are operating as designated providers within the meaning of Chapter 69.51A RCW as it currently exists. These businesses are variously referred to as dispensaries, cooperatives, patient cooperatives, or patient networks, both for profit and not for profit. 2 Emergency Six-Month Moratorium Medical Marijuana These businesses are illegal under both state and federal law, and the city has provided notice to these businesses that they are to cease illegal activity. F. Persons or entities operating these purported medical marijuana dispensaries interpreted the current law to allow storefront operation of distribution centers for medical marijuana. Many of these dispensaries obtained business licenses to operate their businesses using false, misleading, or vague statements. See Exhibits B through I, attached. The city continues to receive new requests and inquiries from persons interested in operating additional dispensaries in Kent. G. The recent amendments to Chapter 69.51A RCW change the scope and effect of the law. New sections affect the rights of qualifying patients and their designated providers. The law now allows "collective gardens" that provide for growing and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law also provides other changes to the rights and responsibilities of medical marijuana patients and their designated providers. H. The operators of medical marijuana dispensaries are already interpreting the newly amended law in ways to assert that they can continue to operate in Kent. See Exhibit J, attached and incorporated by this reference. I. The new law, however, clearly delegates to cities the authority to implement zoning requirements, business licensing requirements, health and safety requirements, and business taxes as those requirements and taxes relate to the production, processing, or dispensing of medical marijuana. In particular, local regulations could address ambiguities concerning the location and operation of collective gardens. 3 Emergency Six-Month Moratorium Medical Marijuana I. The city council requires time to conduct appropriate research to understand the extent of the changes provided in the new law, to analyze impacts and potential liabilities under federal law, and to determine an appropriate regulatory framework for any new uses that are allowed under these laws. The city must ensure that proposed locations for these operations are appropriate and that any potential secondary impacts arising from the operation of these uses or facilities are minimized and mitigated. These secondary impacts may include, but are not limited to, burglaries associated with the cash and marijuana maintained on the site, or an increase of other illegal activities, such as drug use, within the vicinity of these dispensaries. In particular, and without limitation, staff should analyze the impacts of allowing these uses and facilities in residential zones as well as impacts arising from the proximity of these uses and facilities to schools, daycares, parks, religious and cultural facilities, jails and courthouses. Accordingly, the city council finds that a zoning, licensing, and permitting moratorium should be established, pending local review of appropriate locations and design requirements of these operations, and impacts of the newly amended law and its interaction with federal law. K. Although the city council determines that a moratorium is necessary for the reasons established above, the city council emphasizes that it understands the needs of persons suffering from debilitating or terminal conditions, as well as the benefits that approved medical use of marijuana may provide these persons. Nevertheless, given the complex legal and regulatory framework surrounding this issue, a moratorium remains necessary until the city council can adequately address the competing interests at play. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 4 Emergency Six-Month Moratorium Medical Marijuana ORDINANCE SECTION 1, — Preliminary Findings. The recitals and findings set forth above are hereby adopted as the city council's preliminary findings in support of the moratorium imposed by this ordinance. The city council may, in its discretion, adopt additional findings at the conclusion of the public hearing referenced in Section 5 below. SECTION 2, — Moratorium Imposed. Pursuant to the provisions of Article 11, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, a moratorium is hereby enacted prohibiting within the city of Kent the establishment, location, operation, licensing, maintenance, or continuation of any medical marijuana collective garden or any medical marijuana dispensary, whether for profit or not for profit, asserted to be authorized or actually authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A RCW, or any other laws of the state of Washington. No building permit, occupancy permit, or other development permit or approval shall be issued for any of the purposes or activities listed above, and no business license shall be granted or accepted while this moratorium is in effect. Any land use permits, business licenses or other permits for any of these operations that are issued as a result of error or by use of vague or deceptive descriptions during the moratorium are null and void, and without legal force or effect. As used in this ordinance, the following terms have the meanings set forth below: A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group, or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to 5 Emergency Six-Month Moratorium Medical Marijuana grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. A person who is the designated provider for only one qualified patient during any 15 day period and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. A person who is the designated provider for only one qualified patient during any 15 day period and who complies with Chapter 69.51A RCW or a person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. SECTION 3, — No Nonconforminq Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Kent City Code and that use shall not be entitled to claim legal nonconforming status. 6 Emergency Six-Month Moratorium Medical Marijuana SECTION 4, — Effective Period for Moratorium. The moratorium set forth in this ordinance shall be in effect for a period of six months from the date this ordinance is passed and shall automatically expire at the conclusion of that six month period unless the same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless terminated sooner by the city council. SECTION S. — Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the city council will hold a public hearing, at the city council's regular meeting, at 7:00 p.m. in Council Chambers, Kent City Hall, on Tuesday, July 19, or as soon thereafter as the business of the city council shall permit in order to take public testimony and to consider adopting further findings. SECTION 6, — Referral to Staff. The planning director is hereby authorized and directed to develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Kent City Code. The finance director is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Kent City Code. SECTION 7, — Severabilitv. If any one or more section, subsection, or sentence of this ordinance is 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 S. — 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 7 Emergency Six-Month Moratorium Medical Marijuana correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 9, — Effective Date. The city council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare. This ordinance shall become effective immediately upon passage. The city clerk is directed to publish a summary of this ordinance at the earliest possible publication date. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 8 Emergency Six-Month Moratorium Medical Marijuana 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 P:\Civil\Ordinance\Moratorium Medical Marijuana Dispensaries Final.docx 9 Emergency Six-Month Moratorium Medical Marijuana Exhibit A U.S. Department of Justice United States Attorney Eastern District of Washington Suite 340 Thomas S.Foley V.S, Courihouse (509)353-2767 P.0,firox 1494 F.(509)333-2766 Spokane, Wathington 99210-1494 Honorable Christine Gregoire April 14, 2011 Washington State Governor P.O. Box 40002 Olympia, Washington 98504-0002 Re: Medical Marijuana Legislative Proposals Dear Honorable Governor Gregoire: We write in response to your letter dated April 13, 2011, seeking guidance from the Attorney General and our two offices concerning the practical effect of the legislation currently being considered by the Washington State Legislature concerning medical marijuana. We understand that the proposals being considered by the Legislature would establish a licensing scheme for marijuana growers and dispensaries, and for processors of marijuana-infused foods among other provisions- We have consulted with the Attorney General and the Deputy Attorney General about the proposed legislation. This letter is written to ensure there is no confusion regarding the Department of Justice's view of such a licensing scheme. As the Department has stated on many occasions, Congress has determined that marijuana is a controlled substance. Congress placed marijuana in Schedule I of the Controlled Substances Act(CSA) and, as such, growing,distributing, and possessing t-Darijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities. The prosecution of individuals and organizations involved in the trade of any illegal drugs and the disruption of drug trafficking organizations is a core priority of the Department. This core priority includes prosecution of business enterprises that unlawfully market and sell marijuana. Accordingly, while the Department does not focus its limited resources on seriously ill individuals who use marijuana as pan of a medically recommended treatment regimen in compliance with state law as stated in the October 2009 Ogden Memorandum, we maintain the authority to enforce the CSA vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law. The Department's investigative and prosecutorial resources will continue to be directed toward these objectives. Exhibit A Honorable Christine Gregoire April 14, 2011 Page 2 Consistent with federal law, the Department maintains the authority to pursue criminal or civil actions for any CSA violations whenever The Department determines that such legal action is warranted. This include,-, but is not limited to, actions to enforce the criminal provisions of the CSA such as: - 21 U.S.C, § 841 (making it illegal to manufacture, distribute, or possess with intent to distribute any controlled substance Including marijuana); - 21 U.S.C. § 856 (making it unlawful to knowingly open, lease, rent, maintain, or use property t6t,the manufacturing, storing, or distribution of controlled substances); - 21 U.S.C. § 860 (making it unlawful to distribute or manufacture controlled substances within 1,004 feet of schools, colleges, playgrounds, and public housing facilities, and within 100 feet of any youth centers, public swimming pools, and video arcade facilities); - 21 U.S.C. § 843 (making it unlawful to use any communication facility to commit felony violations of the CSA); and -21 U.S.C. § 846 (making it illegal to conspire to commit any of the crimes set forth in the CSA). In addition, Federal money laundering and related statutes which prohibit a variety of different types of financial activity involving the movement of drug proceeds may likewise be titili?,ed. The Government may also pursue civil injunctions, and the forfeiture of drug proceeds, property traceable to such proceeds, and property used to facilitate drug violations. The Washington legislative proposals will create a licensing scheme that permits large-scale marijuana cultivation and distribution. This would authorize conduct contrary to federal law and thus, would undermine the federal government's efforts to regulate the possession, manufacturing, and trafficking of controlled substances. Accordingly, the Department could consider civil and Criminal legal remedies regarding those who Set LIP marijuana growing facilities and dispensaries as they will be doing so in violation of federal law. Others who knowingly facilitate the actions of the licensees, including property owners, landlords, and financiers should also know that their conduct violates federal law. In addition, state employees who conducted activities mandated by the Washington legislative proposals would not be immune from liability tinder the CSA. Potential actions the Department could consider include injunctive actions to prevent cultivation and disti ibUtion of marijuana and other associated violations of the CSA; civil fines; criminal prosecution; and the forfeiture of any Exhibit A Honorable Christine Gregoire April 14, 2011 Page 3 property used to facilitate a violation of the CSA. As the Attorney General has repeatedly stated, the Department of Justice remains firmly committed to enforcing the CSA in all states. We hope this letter assists the State of Washington and potential licensees in making informed decisions regarding the cultivation,,manufacture,and distribution of marijuana. Very truly yours, �+ Jean . Durkan Michael C. Ormsby lnite States Attorney 'United States Attorney Western District of Washington Eastern District of Washington Ordinance.No.B9E2 ® Exhi B city of e ray r License EN City of Kent Customer Services • 220 Fourth Avenue S. • Kent,N!A g6032-5695 • (253)656.52 i D fax(253)656-6200 Fee Must Accompany Application opening July t or after PLEASE.TYPE OR PRESS FIRMLY—BLACK OR DARK BLUE INK ONLY $1 0® $50 All licenses expire December 31.Renewal invoices mailed in December. Date: 1. Name of Business: Business Address: Lal q �� F ` ! City: Ri'�i I !_� k r ! �, — 2- o l ZIP: � D ? ---� Phone:( ) f7 hC)( o �— — 2`�� FAX ( ) Mailing Address: Y n `1 n c City: 1/\ P+� State: �,r / '—ZIP: G( �l�_( cL 2. WA State UBi#: 3. TRN(Tax reporting number): 4. ❑ Indiv. ❑ Partnership ❑ LLC ❑ Corporation Provide ownership information;include supplemental list ifneeded. Owner(s)Name(s): �] c v Business Address: 1'�z �✓d City: � 71 !!/7 P A 7 P017 —�rT State: ZIP: Phone:( ) Y � FAX( ) Owner(s)Name(s): BusinessAddre;s: �� City: S e State: ZIP: v Phone:( ) _ FAX( ) Owner(s) Name(s): Business Address: City: Jai;tCp' v State: ZIP: Phone:( ) FAX ( ) 5. Contact Person: Phone( 6. Description of Business: r 4 /1 ,r !✓!1 Z, T� ��a �� � e thereby certify that the sratemems ond7nfarmotion furnishedbymeon ihlsoppocarion ore true and complete to the best ofmy knowledge laboa[ owledge that the statements ondinformation furnishedby me on this appl7mrion are public records and are available Tbr publc inspection pursuanr to State of Washington RCW 42,77160. 1 understand that issuance ofthls license'!$conditionedupon compliance of alitimes with all applicable ordinances,regulations and sratures of the City ofxent and the Store of Wash7ngron.The issuance of this business liven a does nor lmplycomplionce with the Zoning,Uniform Fire and Building Codes. Signature: t �I � Print Name: auk�_.rP. /vim' _ Title: €V Date: Lt 1 � III111MPLETE 1111ICATI0N5 WILL N TBE PROCESSED FOR OFFICE USE ONLY:BLOC 4 �` �iv' Date Rec''d �n ! 0 Date Mailed TA,# Amt Paid �f < Ll� Other f¢W01559_119 WMIe;KTVe GnaT.AppllonWeceipteopy Exhibit C City of Kent Commercial Business Application Ordinance No.3035 City of Kent Customer Services Fee Must Accompany Application Opening ty (Circle One) July 1 or after 220 Fourth Avenue S, n P� New Business $154.00 $1D4.00 T Kent,WA 98032-5B95 P New Owner $154.15D $1 D4.00 w.cwm«a.ew (253)856-5210 Fax (253) 855-$200� Indep.Contractor $100.0 $50.DD Multlple Dwelling $10D.DD $50.00 lA.. fi t a imm) . PLEASE TYPE OR PRESS FIRMLY , ✓= , 5 0n-Profit No Charge 501(c)(3)Req r G,1v1p 't Black or Dark Blue Ink Only ��,D�;lB; 5 ,, E� Raton in Kent No charge All licenses expire Dec-amber 31. Renewal invoices mailad•in'DEce Aber: ` Prior Address: 1, WA State UBIA03C I9'F 120. Name of Business SU2i e_ 4 S 2. NAICS 8"lc,clo Address 19N39-'Y �i�1= 5 suite-5lo6 3. Date Opened in Kent 2t / I I l� Kent,WA Zip W03 2 Phons(26C) 533 -3SG`j Fax ) 4. ❑ Indiv. ❑ Partnership ❑ LLC Z Corporation Provide ownership infomiation;includesupplemental list ifneeded Owner(s)Name(s) Home Address City State Zip Phone JfSSic� L< n' ig3)n 3rjAr;, ✓ Lo.RJi `1dolL- oC)_Q3 -3TC1 5. Contact Person: IU=- 6. Name of Business Center)Apartment Complex, if Applicable W4k All 7. Parent Company Name, If Applicable: . B. Independent Contractor? ❑ Yes 4 No 9. Billing Address: �o )'arm 1 S LC 1 City/State st-olI:-- Zip '1? 6s- 1D. DescriptionofBusiness: A r.:iJ-r 11, Type of Business: (Check those which apply) ❑ Wholesele Trade ❑ Retail Trade ❑ Service ❑ Manufacturing ❑ Construction ❑ Govt. ❑ Transp./Commun.lU il. ❑ Financelinsur.lRE ❑ Education Z Health Industry ❑ Sales/Mktg. ❑ Rental Housing #Units ❑ Other 12. Do You Share a Location with Another Business? XI No ❑ Yes Who? 13. Include Working Owners—Total#Full Time Employees: _ Total it Part Time Employees: ;— 14, Emergency information fob Fire &Police Departments: TWO after hours LOCAL names&phone numbers:' Name Cwrl)� Phone E03 -gc7i_quSc.Name AttC&\ Phone Z> 3zfYSO`/G 15, Type of Building Occupied: eMlsingle-Tenant ❑ Multi-Tenant ❑ Single-Tenant Warehouse ❑ Multi-Tenant Warehouse ❑ Mixed-Use-List mixed-uses: 16. Floor Space Occupied by Business in Square Feet S`S"U 17. Address(es)of Warehouse/Distribution Centers in Kent 18, Are there any hazardous materials used or stored at location ❑ Yes It No IfYds, explain I hereby certify that the statements and information furnished by me on this application are true and complete to the best of my knowledge. 1 also acknowledge that the statements and information furmished by me on this application am public records and are available for public inspection pursuant to State of Washington RC W 42 f Z26D. I understand that 1ssuancD of this license Is cmdfgoned upon compliance at afl ffines with all appricable ordinances,regulations and statutes of the City of Kent and the State of Washington. The issuance of this business license oes t imply compliance with the Zon/ng,UnNarm Are and Building Codes. _ 19. / Jul wh 'YES i _ Si9ne Print Name Title Date INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED ............................................................. .....I.. ........................... FOR DFFICE USE ONLY: Mester Control 9 Date Rec'd 1� Dale Mailed T.R.4 Amt.Paid ONer ` ft7549 12M Whle BLFI Canary:APPii.a %Raeeip C py Exhibit D City of Kent Co€ mercial Business Application Ordinance No. 3035 Fee Must Accompany Application Opening City of Kent Customer Services (Circle One) July I or after ® 220 Fourth Avenue S. New Business $154.DD $104.0 T Kent, WA 98D3Z ` New Owner $154.Do $I04.00 (253) B56-5210 a (253) B56-62DO � E Indep. Contractor $100.00 $50.DD fit? �••� Non-Proftt No Charge 501(c)(3)Req PLEASE TYPE OR PRESS FIRMLY Relocation in Kent No Charge Black or Dark Blue ink Only r `J �t cfii CJr •.,F� r:�� " r.l���' Prior Address: All licenses expire December 31. Renewal invoilres ril�tle in eeember. �l ,1 1. WA State USI# l�r,3c�J� �1 Name of Business-S41A• lc4k M2r�a0 Gtttit 2. NAICS Address WL, — 5 110-115+ Suite r � 3. Date Opened in Kent_� —�_ Kent, WA Zip ^ U� v Phone (7Z�) Z� hD�� Fax ( ) 4. ❑ Indiv. ❑ Partnership jh7' LLC ❑ Corporation Provide ownership information;include supplemental llstif needed. Owner(s) Name(s) Home Address City State Zip Phone 74-1 1Sy11 135TJAVl_. ]Gz,� BG44 xsL) e'-7��� S. Contact Person: u s f1+ V✓Iq( 6. Name of Business Center/Apartment Complex, if Applicable I✓eJ� dq 1z Ij�lSrne<f / `✓/C 7. Parent Company Name, if Applicable: S. Independent Contractor? ❑ Yes & No 9. Billing Address: ).all I. elt) A II': L City/State—�' Zip _ iD. Description of Business: MLJ �� SyC1rl�'6n Vic' ✓/[ L rcGC a•=.f(� G✓r ° '1 �.�t:Y7acZ- 11. Type of Business: (Check those which apply) ❑ Wholesale Trade ❑ Retail Trade ❑ Service ❑ Manufacturing ❑ Construction ❑ Govt. • Transp./Commun./Util. ❑ Finance/Insur./RE ❑ Education ❑ Health Industry ❑ Sales/Mktg. ❑ Rental Housing # Units A other���l7'� '' 12. Do You Share a Location with Another Business? a Ni) ❑ Yes Who? 13. Include Working Owners—Total # Full Time Employees: J Total # Part Time Employees: c' 14. Emergency Information for Fire & Police Departments: TWO aft r Ihours LOCAL names &phone numbers:' Name .,a b<it-� Phon.. Name S /l,t L Phone 15. Type of Building Occupied: M Single-Tenant 0 Multi-Tenant ❑ Single-Tenant Warehouse ❑ Multi-Tenant Warehouse ❑ Mixed-Use-List mixed-uses; 16. Floor Space Occupied by Business in Square Feet J fk 17. Address(es) of Warehouse/Distribution Centers in Kent 18. Are there any hazardous materials used or stored at location ❑ Yes [` No If Yes, explain I hereby certify that the statements and information furnished by me on this application are true and complete to the best of my knowledge. I also acknowledge that the statements and information furnished by me on this application are public records and are available for public inspection pursuant to State of Washington RCW 42.17.260, 1 understand that issuance of this license is conditioned upon compliance at all times with all applicable ordinances, regulations and statutes of the City of Kent and the State of Washin n. The issuance of this business license does note imply compliance with the Zoning, Uniform Fire and Building Cods. 19. �JIIn�.��wy �lL�`�1 Vhh6ti t�wlt 1 -1'7 - 10 nature Print Name Title Date INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED ................................................................................. ...................... FOR OFFICE USE ONLY: Master Control #&dd 'D . Dste Rec'd 9-.f 7-1 U Date Mailed T.R. Amt. Paid 0, W other 9M754GA a2/07 White:BLFI)e Canary: Appli.OV.Remipt COPY Exhibit E CI71'oF KEIJT BUSINESS LICENSE RENEWAL NOTICE Business Licensing For Licensin!z Period 220 4th Ave B Kent,WA 58032 January 1, 2011 - Decerlber 31, 2011 Gir-T (253)BB8-5210 N'�bvvc+eu Date Due: January 31, 2011 Amount Due S100.00 Business License No. BLC-2100671 Check all boxes that apply: New Owner j Kent Relocation __j Out of Business j New Mailing Address BUSINESS h AJ4E-MAILING ADDRESS LOCATION ADDRESS (1F DIFFERENT) SUN LEAF MEDICAL CENTER SUN LEAF MEDICAL CENTER 25411 139TH AVE SE 6625 S 190 ST EB-103 KENT,VGA 98042 KENT, WA 98032 1.Business Phone: 425-248-9066 Fax: FHm ess Owners: (Provide Corporate officers,if applicable.) JUSTIN VANCE dress: 25411 139TH AVE SE City: KENT State: WA Zip Code: 98042 Hm Phone: 425-248-9066 Name: Hm Address: City: State: Zip Code: Hm Phone: Evenings 'I merge ley ontacM DIAN IBAY 253-630-2195 Phone: Phone: VANCE 253-951-1061 Phone: Permit (Item 824). t III(IIIIIIIIIIIIIIIIIIII11111111111111111111111111IllllllllllHill U11110IIIIIIIII11111111111111111111111111 IIIIIiIIPCmc# I,�� 'Lr' Customer(Item 754) Ea.'F'an7tjli��mr ��`" ray tv. I IIIIIIUI�IIII IIIII11�I11111111 4. Description of Business: MEDICAL CONSULTATION SEP.VICE FOR PEOPLE W1TIi OUT INSURANCE 5. Employees at Kent Location as of 10/31/2010: Full Time: 1 Part Time: 0 6. Business Organization: ❑Individual ❑Partnership [kjCorporation Fv3LLC FJ'Other: firs 7. UBI/TazL#: 603047697 8.NA1CS Code: 9. Floor Space Used: 950 Sq.Ft 10.Mark if any of the following are on the premises: ❑Amusement Devices ❑Gambling* ❑Karcoke/Caboret *Pull Tabs,Punch Boards,Card Room III 1 hereby ecrtify that Um statements and information funisbed by me on ibis application arc true and complete to the best of my lmowicdge.1 also acknowledge brat the statements and information fumisbedby me on this application are public records and arc available for public inspection pursuant to State of Washington RCW Signature Ai.w Title l n,,f✓)' Date 1-U-- 0 .ciu,- Mail in the enclosed envelope with Print Name JJ,{ Uo^=✓ Check/MoneyOrderPayableto: City of Kent (Do Not Include with your Utility Pay rent) Make a copy of the completed form for your records. Exhibit F City Of `dent Commercial Business Application Ordinance No.3035 Fee Must Accompany Application Opening City of Kent Customer Services (circle One) July t or after e 220 Fourth Avenue SiCi A r . New Business $154.D0 $1 -2 [- Kent, WA 98032-5895 .C1: New Owner $154.00 D4.4D' (253) 856-5210. Fax (253) 856-6200 Indep.Cortraaor $1 D0.00 0 0 (.¢¢ Multiple Dwelling $1 DD.D0 $50.00 �{ F el 2 "@ (a p more) PLEASE TYPE OR PRESS FIRMLY KE! i- on-Pr 't No Charge SD1(c)(3)Req r '' i Relocation in Kent No Charge Black or Dark Blue Ink Only I&i0-,;�I r Se ry ir: 's All licenses expire December 31. Renewal invoicez=6all vom December.g n', {{Prior Addresfs: 1. WA State UBI# �d� L 5;1— Name of Business _ �\•Cfk9rA �\ L ,1�-C (,2 r(C ( U C (S 2. NAICS l Address LG(( (n c�� ��u P ��nl= l'I' Suite l( C4 3. Date Opened in Kent _/5 / ? Kent,WA Zip q UU a--;L, Phone (�Ct(� a ?7 - C S 3 Fax L; a 4. ❑ Indiv. ❑ Partnership ❑ LLC J/0orporation Provide ownership intonation;include supplemental list if needed. Owner(s) / Natlme(s�)r Home Adddress� C City State Zip py (Phone �1 ric 4 'e v'tfrl I .�- O `f 5, Contact Person: 11� rUC�e— 1�L - 6. Name of Business CenterlApa t E rtment Complex, rf Applicable 7, Parent Company Name, if Applicable: B. Independent Contractor? ❑ Yes ( 'Flo 9. Billing Address: + City/State Zip 10. Description of Business: r LTk 11. Type of Business: (Check those which apply) ❑ Wholesale Trade ❑ Retail Trade 3•'Service ❑ Manufacturing ❑ Construction ❑ Govt. ❑ Transp./Commun./Util. ❑ Finance/Insur./RE ❑ Education ❑ Health Industry ❑ Sales/Mktg. ❑ Rental Housing #Units ❑ Other 12. Do You Share a Location with Another Business? 31"No ❑ Yes Who? 13. Include Working Owners—Total#Full Time Employees: Total#Part Time Employees: 14. Emergency Information for Fire& Police Departments: TWO after hours LOCAL names &phone numbers: Name Dg r ��xwt y Phone 0-� C7?I•- 53 Name Phone 15. Type of Building Occupied: 1 Single-Tenant ❑ Multi-Tenant ❑ Single-Tenant Warehouse ❑ Multi-Tenant Warehouse ❑ Mixed-Use-List mixed-uses: fig 16. Floor Space Occupied by Business in Square Feet, 17.Address(es)of Warehouse/Distribution Centers In Kent 1 B. Are there any hazardous materials used or stored at location ❑ Yes 11-190 If Yes, explain i hereby certify that the statements and information furnished by me on this application are true and complete to the best of my knowledge. I also acknowledge that the statements and information furnished by me on this application are public records and are available for public Inspection pursuant to state of Washington RC W 42.17.260. 1 understand that issuance of this license is conditioned upon compliance at all times with all applicable ordinances,regulations and statutes of the City of Kent and the State of Washington. The issuance of this business lice does not imply compliance with the Zoning, Uniform Fire and Building Codes. Signatarle Print Name —7J Title Date COMPLETE APPLICATIONS WILL NOT BE PROCESSED .,..,,.,,,_, •FOR O I U DNLY: Master Control r u.�cc�6�ieZ� Date R=c'd�� Date Mailed T.R.d � , Amt Paid jry Other / fi.75E6452IM Whhe:BL R. C...ry: AppllcanV-Receipt Copy Exhibit G CITY OF KcNT BUSINESS LICENSE RENEVWA..L NOTICE Business Licensing For Licensing Period 220 4,h Ave B Kent,DNA 9eo32 January 1, 2011 -December 31, 2011 gv�tV T (253)B56-5210 Date Due: ., January 31, 2011 Amount Due $100.00 Business License No. BLC-2100524 Check all boxes that apply: New Owner � K ent Relocyation A Out of Business j New Mailing Address t BUSINESS NAME-MAILING ADDRESS LOCATION ADDRESS (IF DIFFERENT) HERBAL CHOICE CAREGIVERS HERBAL CHOICE CAREGIVERS 19DI I WEST VALLEY HWY#A110 19011 WEST VALLEY HWY S#AII0 ICENT,WA 98032 KENT,WA 98032 253 Fax: 253-638-3639 206-931-9 1. Business Phone: — -- — — 2. Business Owners: (Provide Corporate Ofilcers,if applicable.) Name: DERYCK TSANG Hm Address: 21628 43RD PL S City; KENT State: WA Zip Code: 98032 Hm Phone: 206-931-9253 Name: Hm Address: City; State: Zip Code: Hm Phone: Evenings mergency 'ontacts: DERYCK TSANG 206-931-9253 Phone: COLAMRA TSANG 206-852-B980 Phone: Permit (item 324) Illpllillllllllllllfllllllllllllllllllllllllllllllillllilllllilllllllllilllllllllllllllllllllllllllllllllllillllilllllllll� r�� # ��o � �i customer(Item 754) Iillilllllllllllllllllllllllllll Fescription of Business: PROVIDE EDUCATION, INFORMATION - ALTERNATIVE HERBAL RENtEDiES mployees at Kent Location as of 10131/2010: Full Time: 2 Part Time: _ 6.Business Organization: ❑lndi%6dual ❑Partnership 2 Corporation ❑ LLC ❑Othar: 7. UBUTax#: 603022972 8.NAICS Code: 9.Floor Space Used: 7D0 Sq.Ft 10.Mark if any of the following are on the premises: ❑Amusement Devices ❑Gambling• O Karooke/Cobaret *Pull Tabs,Pumb Boards,Card Room I hereby certify that the statements and information fumished'oy me on this application are true and complete to the best of my knowledge.I also acknowledge that the statements and infonr/a` fumishcd by me on this application are public records and arc available for public inspection pursuant to State of Washington RCW Date' Signature TitleC 'y s 4 I Mullin the enclosed envelope with Print Name -t? Check/Money Order Payable to: City of Kent � (De Not Include with your Utility Payment) Make a copy of the completed form for your records. Exhibit H City of Kent Commercial Business Application Ordinance No. 3035 Fee Must Accompany Application Opening City of Kent Customer Services (circle One) July i or after ® 220 Fourth Avenue �` New Business $154.0D $104.OD tr�a3 T Kent, WA 96032-58915 A! New Owner $154.00 $iD4.00 [wlcn a,>w (2S3) 856-5210 Fax (253) B$5tib200 t1AR 2 5 [[UU UU Indep, Contractor $100.DD 550.DD -` Non-profit No Charge 501(c)(3)Req PLEASE TYPE OR PRESS FIRMLY Gqy OFS BENT Relocation in Kent 140 Charge Black or Dark Blue Ink Only customer tme s Prior Address: All licenses expire December 31. Renewal invoice�ry'0eitm B903er. 1. WA State UBI#(OD�—Jq —]51( Name of Business F_0L ���1W #&4—JS°T/G 2. NAICS Address ,'Unu n1 J' A; RRL, Suite U9 _ 3, Date Opened In Kent J_/ Kent, WA Zip gD '2�, Phone ( ) Fax ( ) 4. ❑ Indiv. ❑ Partnership ❑ LLC V Corporation Provide ownership information,include supplemental list if needed. Home Address City State Zip Phone Owner(s) Name(s) �92-30 oq �6 546� 5. Contact Person: i u a-E e 6. Name of Business Center/Apartment Complex, if Applicable 7. Parent Company Name, if Applicable: �/A B. Independent Contractor? ❑ Yes �11. No 9. Billing Address: -244 City/State W"T` Zip 92032 10, Description of Business: LL C ZY D c 11, Type of Business: (Check those which apply) ❑ Wholesale Trade 1;i Retail Trade ❑ Service ❑ Manufacturing ❑ Construction ❑ Govt. ❑ Transp./Commun./Util. ❑ Finance/Insur./RE ❑ Education ❑ Health Industry ❑ Sales/Mktg. ❑ Rental Housing # Units ❑ Other 12. Do You Share a Location with Another Business? (d No ❑ Yes Who? 13.Include Working Owners—Total # Full Time Employees: Q_ Total # Part Time Employees: 14, Emergency Information for Fire &Police Departments: TWO after hours LOCAL names &phone numbers: Name j?gi1 .T ;,�neysa,t� Phoneme 33,2C 981'v. Name 7't-rKESr'1- 7r_57vwy_SoN Phoneg.i3 $f3 (oSS'D 15.Type of Building Occupied: ❑ Single-Tenant $ Multi-Tenant ❑ Single-Tenant Warehouse ❑ Multi Tenant Warehouse ❑ Mixed-Use-List mixed-uses: 16. Floor Space Occupied by Business in Square Feet 1170 �9- 17,Address(es) of Warehouse/Distribution Centers In Kent 0/fi 18. Are there any hazardous materials used or stored at location ❑ Yes No If Yes, explain I hereby certify that the statements and information furnished by me on this application are true and complete to the best of my knowledge. I also acknowledge that the statements and Information furnished by me on this application are public records and are available for public inspection pursuant to State of Washington RCW 42.17,260. I understand that issuance of this license is conditioned upon compliance at all times with all applicable ordinances, regulations and statutes of the City of Kent and the State of Washington, The issuance of this business license does not imply compliance with the Zoning, Uniform Fire and Building Codes. y 19. 7- 4 t�gL u / w l�`Ar Claw ���/ZJ � �� Signature Print Name Title Date INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED .....r�.2�1..'......Q.. ... 1)f(( .............I... ........................... FOR DF E USE ONLY: Master Control bJ Date Rec'd ✓ GI� Da±e Mail°tl T.R.d �� Amt. Paitl � Other fle7SSA 12107 Whke:aL nle Cenaryt APPricant.Receipt Copy Exhibit CRY OF Karr BUSINESS LICENSE RENEWAL NOTICE Business Licensing For Lieensing,Perlod 220 4th Ave s o Kent,WA 98032 January 1,2011 -December 31,2011 KENT (2s3)Bss a21D w.e n,.c+eu Date Due: 7aupary 31,2011 Amount Due $100.00 Business License No. BLC-2100163 Check au boxes that apply: ,A New Owner Kent Relocation u,1 OutofBusiness J. New Mailing Address BUSLNESS NAME-MAILING ADDRESS tA I LOCATION ADDRESS(LF DIFFERENT) JAN. 2 4 2011 EVERGREEN HOLISTIC CENTER. CITY OF KENT t-E�REEN AO 204 CENTRAL AVN46 0 U stca a r 8 e N I ce 9 124 CEN AVEN4301 KENT,WA98032 Finance Department WA9803 1.Business Phone: Fax: 2.Business Owners: (Provide Corporate Of7crs,ifapplicablc) Name: GHARLES LAMBERT Hm Address: 925 E MAPLE ST City: KENT State: WA Zip Code: 98030 Hm Phone: 209-576.566E Name: HmAddresk . City: - State: Zip Code: Hm Phone: ven7ngs . mergency antacts: DAVE TENNYSON 253-332-6936 Phone: TERESATENNYSON 253-613-6590 Phone: Permit (llsm024) I@�I➢ (�IIII➢I�➢IIIIIIIIIII�➢IIIIIIIIIUII➢IlllllD➢Il➢Ill➢l�{i�l�il➢IIIVilill�l�llllll➢IIIIII e :!�.' �?r � 63- ::Al, Customer(Item 754) I�i�➢Ilill➢Illlnlllll�lllllipefm�r:�o:^ 33 ,a2_ :._:.. 4.Description of Business: SUPPLY MEMBERS WITH NATURAL HERBS' IMrctT 5.Employees at Kent Location as of 10/312010: Full Time: 2 Part Time: 6.Business Organization: ❑Individual ❑Partnerslvp I]Corporation ❑LLC ❑Other. 1 7.UB11Tax#- 8,NAICS Code 9.Floor Spnee Used: Sq.Ft IG.ATark if any of the following are on the premises: ❑Amuseme»rDevices ❑oombling' ❑%ar0oke1CahDmf 'Pull Tabs,Fur eb Boards,Card RDem I hereby certify that Me statements and inrotmnlion fumished by me on this application am We and complete to the best of my knowledge.1 also acknowledge that the statements and infnrmafion furnished by me on No application are public mcards and ate RVallabie for public inspenrim pursuant to State ofNashinglon RCW Signature 4/y r�.�, O Title�,l „5je Date,f 2 20 Print Name K rimerne Mast in the enclosed envelope with Check/Money Order Payable to: City of Kent (Do Not Include with your Utility Payment) Make a copy of the completed form for your records. xhibit J LAW FFICE OF KART E . BOEHL, PLLC Seattle Criminal Defense MEMO - For Discussion Purposes Only Three Models for Secure Access to Medical Cannabis in Light of the Governor's Partial Veto of E2SSB 5073 The Governor's partial veto of E2SSB 5073 (also referred to below as "2011 Wash. Laws,ch. 181") created uncertainty for local jurisdictions by removing the "guts"of legislation that originally provided clarity to the state's Medical Marijuana Act, Chapter 69.51A RCW. This uncertainty is addressed below by identifying and discussing three models for accessing safe, consistent, and secure sources of medical quality cannabis. These three models include; collective gardens, patient networks, and non-profit patient cooperatives. Only the first model is explicitly discussed in 2011 Wash. Laws, ch. 181. The following two models (patient networks and non-profit patient cooperatives) arguably fall within the spirit of the post-veto E2SSB 5073. Lastly, a short discussion is provided regarding the legislation's express grant of authority to local jurisdictions with regard to the zoning, licensing, health and safety requirements, and business taxes pertaining to the production and processing of medical cannabis. A. Collective Gardens Post-veto E2SSB 5073 allows for patients to form collective gardens. See 2011 Wash. Laws, ch. 181, sec. 403(1)("Qualifying patients may create and participate in collective gardens for the purpose of producing, processing, transporting, and delivering cannabis for medical use[.]"). These gardens are limited to 45 plants and 10 patients. There is no limit, however, to the number of collective gardens that may be located at any physical address and there is no indication on the length of time each patient is required to be a member of specific collective garden. Presumably, patients may be members of several collective gardens. In addition, nothing in the post-veto legislation precludes collective gardens from operating a storefront for patients to access their medicine. A storefront would be beneficial not only to patients who may not be able to access a collective garden located in a basement, crawl space or garage, but also to the garden. A storefront avoids excessive human contact with the garden and helps to maintain health and safety concerns in producing medical-quality cannabis. In general, gardens should be protected from human exposure; exposure to multiple patients puts the garden at risks of plant diseases, mites, etc. 1001 41"ME, SUITE 3200, SEATTLE, WA 98154 TEL: 206.728.0200 FAx: 206.624.6224 W W W.SF,'ATTI„E-CRIMINA1,DEFENSE.COM KU R.T@BOEHLLA W OFFICE.COM. Exhibit J Despite the potential flexibility in the number of gardens at any one location and each member's length of involvement in any particular garden, the 10 patient requirement would have to be carefully monitored to assure compliance with Chapter 69.51A RCW. B. Non-Profit Patient Co-Operatives Unlike collective gardens, a non-profit patient co-operative is not expressly addressed in 2011 Wash. Laws, ch. 181. This model, however, was endorsed by Dan Satterberg, the King County Prosecutor, in an internal memo. In our experience, there are cases where groups of individuals share, distribute, and cooperate in the growing and distribution of marijuana to those medically in need. While ideally, all involved would have proper medical documentation, we do not wish to prosecute these operations so long as it is clear that qualifying patients/providers are distributing to other qualifying patients/providers, and that someone in the operation has proper documentation. Dan Satterberg, Medical Marijuana Case Review Standards (2008) In general, a non-profit patient cooperative would work with several collective gardens to provide a safe, consistent, and secure source of medical quality cannabis. The co- operative could be zoned, regulated and taxed under 2011 Wash. Laws, ch. 181, sec. 1102 (1)(2) (discussed in more detail below). This model eliminates the requirement for patients to grow their own medicine, find a patient network, or find an available collective garden in their neighborhood that has ADA access, and clean/safe medicine. The investment of time in cultivating a garden or finding an available, secure collective garden is simply not an option for patients suffering from the sudden onset of a debilitating condition or treatment. Post-veto E2SSB 5073 limits the number of patients that may participate in a collective garden to ten, but has no requirement for the length of time for membership. Therefore, a non-profit patient co-operative that works with collective gardens may require its patients to temporarily become members of the specific collective garden that produced the selected medicine. When the patient leaves, they sign documentation terminating membership in that specific collective garden. Given the provisional nature of membership, collective gardens associating with non-profit patient cooperatives must be cautious not to exceed the 10 patient limit. Additionally, each collective garden must be identified at the cooperative, and must not exceed the 45 plant limit. To allow the collective garden to grow 45 plants, at least three patients must be members of the collective garden at all times. Exhibit J C. Medical Cannabis Patient Networks Medical cannabis patient networks provide a means for patients to meet and gather. A non-profit"Patient Network"or"Medical Cannabis Club" is not expressly addressed in post-veto E2SSB 5073, but is arguably consistent with the legislation. A Patient Network would be comprised of a group of authorized medical cannabis patients. This group would have a physical address where they meet. Any authorized medical cannabis patient may become a member. Membership fees would vary depending on building rent and expenses to operate. This type of entity could associate with collective gardens. Members of the Patient Network may also form collective gardens and possess, manufacture, and deliver to other authorized patients within the collective garden. The Patient Network could be subject to zoning restrictions, and health regulations. See Wash. Laws, ch. 181, sec, 1102 (1)(2)) D. Local Authority 2011 Wash. Laws, ch. 181, see. 1102 is clear that regardless of vetoed portions of the bill, cities and towns may create zoning, licensing, health and safety standards, and business taxes. Sec. 1102. (1) Cities and towns may adopt and enforce any of the following pertaining to the production, processing, or dispensing of cannabis or cannabis products within their jurisdiction: Zoning requirements, business licensing requirements, health and safety requirements, and business taxes. Nothing in this act is intended to limit the authority of cities and towns to impose zoning requirements or other conditions upon licensed dispensers, so long as such requirements do not preclude the possibility of siting licensed dispensers within the jurisdiction. If the jurisdiction has no commercial zones, the jurisdiction is not required to adopt zoning to accommodate licensed dispensers. (2) Counties may adopt and enforce any of the following pertaining to the production, processing, or dispensing of cannabis or cannabis products within their jurisdiction in locations outside of the corporate limits of any city or town: Zoning requirements, business licensing requirements, and health and safety requirements. Nothing in this act is intended to limit the authority of counties to impose zoning requirements or other conditions upon licensed dispensers, so long as such requirements do not preclude the possibility of siting licensed dispensers within the jurisdiction. If the jurisdiction has no commercial zones, the jurisdiction is not required to adopt zoning to accommodate licensed dispensers. KENT Agenda Item: Bids - 9A TO: City Council DATE: July 5, 2011 SUBJECT: Kent Memorial Park Ballfield Light Pole Replacement Agreement - Authorize MOTION: Move to authorize the Mayor to sign the Public Works Agreement with Transportation Systems Inc. for the Kent Memorial Park Ballfield Light Pole Replacement project in the amount of $38,687, plus Washington State Sales Tax, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: The light poles in the parks are inspected by a Utility Pole Inspector. Upon recent inspection at Kent Memorial Park, the Inspector recommended that one of the poles be replaced due to lack of structural integrity. The lighting from this pole illuminates the first base line and a portion of the right field, allowing evening programming. Light pole replacement projects are funded by the cell tower lease revenues. Quotes were solicited and one proposal was submitted by Transportation Systems Inc. for the amount of $38,687, plus Washington State Sales Tax. EXHIBITS: Public Works Agreement RECOMMENDED BY: Parks & Human Services Committee 6/16/11 BUDGET IMPACTS: The expense of $38,687, plus WSST impacts the Light Pole Replacement Budget KE1; " PUBLIC WORKS AGREEMENT between City of (Cent and Transportation Systems, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Transportation Systems, Inc. organized under the laws of the State of Washington, located and doing business at 3218 142 Ave East, Sumner, WA 98390 P: 253-230-0814 F: 253-863-9626 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Remove, dispose and replace one 110 foot light pole while using existing ball field lights and cross arms as well as replace all old conduit, junction boxes and disconnect and replace an existing area light at Kent Memorial Park in Kent, Washington as described in the Bidder's Packet dated May 16, 2011 attached and incorporated as Exhibit A. Contractor 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 such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I between August 1, 2011 and August 5, 2011. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Forty Two Thousand Three Hundred Sixty Two Dollars and Twenty Seven Cents ($42,362.27), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$50K, and Performance Bond) I A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainaoe. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. 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 Contractor 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 Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Over$IOK, under$SOK, and Performance Bond) D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. `Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the PUBLIC WORKS AGREEMENT - 3 (Over$10K, under$50K, and Performance Bond) facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by; (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. PUBLIC WORKS AGREEMENT - 4 (Over$1OK, under$50K, and Performance Bond) B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. PUBLIC WORKS AGREEMENT - 5 (Over$1OK, under$50K, and Performance Bond) XII. INDEMNIFICATION. Contractor 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 Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor'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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor 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. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. 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 PUBLIC WORKS AGREEMENT - 6 (Over$1OK, under$50K, and Performance Bond) i relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. PUBLIC WORKS AGREEMENT - 7 (Over$1OK, under$50K, and Performance Bond) i I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Mehdi Jumale William Venable Transportation Systems, Inc. City of Kent 3128 142 Ave E 220 Fourth Avenue South Sumner, WA 98390 Kent, WA 98032 253-230-0814 (telephone) (253) 253-561-2747 (telephone) 253-863-9626 (facsimile) (253) 253-856-6120 (facsimile) APPROVED AS TO FORM: Kent Law Department Kent Memorial Park Ballfield Light Pole Replacement PUBLIC WORKS AGREEMENT - 8 (Over$IOK, under$50K, and Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 2011. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 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. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. i 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 201E By. For: Title: Date: I i i i EEO COMPLIANCE DOCUMENTS - 3 i .` BID PROPOSAL To The City Clerk City Hall 220 Fourth Avenue South Kent, Washington 98032 The undersigned hereby certifies that has personally examined the job site and `construction details of the work as outlined on the Plans and described in the Contract Documents for Kent Memorial Park Ball Field Light Pole Replacement Project for the City of Kent, Washington, and has read and thoroughly understands the Plans and Contract Documents, specifically including all specifications, governing the work in this project and the method by which payment will be made for said work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with said Plans and all Contract Documents and at the following schedule of rates and prices: NOTE TO BIDDERS: (1) Unit prices for all items, all extensions and total amount of bid must be shown. Show unit prices in both words and figures and, where conflict occurs, the written or typed words shall prevail. * It is the intention of the City to award the entire contract to one contractor. (2) Washington State Department of Revenue Special Rule 170, and its related rules, applies to this contract. Under these rules, the City will automatically add retail sales tax to each payment made to the Contractor. Accordingly, the Contractor should not include retail sales tax in the Unit Bid Item (s) or Lump Sum Prices, subject to certain limited exceptions. See WSDOT Standard Specifications, Section 1-07.2. I I i 1 I I_ II A. BID: KENT MEMORIAL PARK BALL FIELD LIGHT POLE REPLACEMENT PROJECT I. PROJECT'TOTAL-- '00�14OT INCLUDE SALES-TAX' LiGHT,POLE REPLACEMENT,AND ELECTRICAL WORK ; TOTAL Blp e, ��w � , �� �wv��-�Q fig tw�K� ��r�i l�✓��(dolMars) .: (Written i'doi�) —� DO NOT INCLUDE SALES TAX i F � I i i i The undersigned Bidder hereby verifies that these listed bid prices are true and correct in all respects. i BIDDER: d% DATE: 5—�1aol (signature) By: Title- F>ro4oh a ��- e i'(,Q,5)aea-I- (print name) i Company Name: �hsra✓ a ��a� l �n. Address: 3218 I L(e' Ave E., uwinar tt1lh 98390 � ; I City/State/Zip; I Phone: Co1,D(o) AM - ggbq I i I it II i EXHIBIT B INSURANCE REQUIREMENTS FOR CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. it Z KENT HA r Agenda Item: Bids — 913 TO: City Council DATE: July 5, 2011 SUBJECT: 2011 Citywide Large Culvert & Storm Pipe Cleaning MOTION: Move to award the 2011 Citywide Large Culvert & Storm Pipe Cleaning Project contract to Ventilation Power Cleaning, Inc. in the amount of $986,847.95 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, June 28, 2011, with three (3) bids received. The low bid was submitted by Ventilation Power Cleaning, Inc. in the amount of $986.847.95. The Engineer's estimate for the project was $1,077,166.83. The project consists of removing approximately 4,000 tons of soil sediment, refuse and invasive plant species within existing concrete pipes, box and CMP culverts, creeks, storm water drainage pipes and catch basins. EXHIBITS: Public Works Memo dated 6/28/2011 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Funded out of the Storm Drainage Utility. 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: June 28, 2011 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 2011 Citywide Large Culvert and Storm Pipe Cleaning Bid opening for this project was held on June 28, 2011 with three (3) bids received. The low bid was submitted by Ventilation Power Cleaning, Inc. in the amount of $986,847.95. The Engineer's estimate was $1,077,166.83. The Public Works Director recommends awarding this contract to Ventilation Power Cleaning, Inc. The project consists of removing approximately 4,000 tons of soil sediment, refuse and invasive plant species within the existing concrete pipes, box and CMP culverts, creeks, storm water drainage pipes and catch basins. Bid Summary 01. Ventilation Power Cleaning, Inc. $986,847.95 02. Olson Brothers Excavating, Inc. $1,162,547.27 03. Road Construction Northwest, Inc. $1,640,937.44 Engineer's Estimate $1,077,166.83 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 WAS HINOT.N OPERATIONS COMMITTEE MINUTES June 7, 2011 Committee Members Present: Jamie Perry, Les Thomas (Chair), Debbie Raplee The meeting was called to order by L Thomas at 4:00 p.m. 1. APPROVAL OF MINUTES DATED MAY 17, 2011 D Raplee moved to approve the Operations Committee minutes dated May 17, 2011. J Perry seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED MAY 31, 2011 J Perry moved to approve the vouchers dated May 31, 2011. D Raplee seconded the motion, which passed 3-0. 3. RECOMMEND THAT THE ONE REGIONAL CARD FOR ALL (ORCA) AGREEMENT BE PLACED ON THE CONSENT CALENDAR FOR THE JUNE 21, 2011, CITY COUNCIL MEETING AUTHORIZING THE MAYOR TO SIGN A ONE YEAR CONTRACT WITH KING COUNTY, SOUND TRANSIT, COMMUNITY TRANSIT, KITSAP TRANSIT, WSF, EVERETT TRANSIT, AND PIERCE TRANSIT FOR THE ORCA PROGRAM. i Employee Services Benefits Manager Becky Fowler advised that the City contracts with King County for the sale of ORCA cards. The ORCA Program allows for eligible Commute Trip Reduction (CTR) employees to choose from a variety of non single occupancy vehicle commute options. The ORCA card is valid for any service operated by King County Metro, Community Transit, Everett Transit, Kitsap Transit, Sound Transit and Pierce Transit. The pass will also serve as a vanpool pass for all employees that choose that option. According to King County/Metro the 2011/12 CTR program cost is $64,249.50. This is a 70% increase over last year's program. The City is required to purchase ORCA cards for all eligible employees. There are 350 eligible employees throughout the City. The cost of the card in the new contract is 183.49 per card. The City can charge employees one half of the annual cost of the ORCA card and the City pays the other half. Although funding is available to pay for the increased cost by dividing the payments over two budget years, the ongoing sustainability of the program is in question and will be addressed during labor negotiations for the 2012/13 contract. D Raplee questioned if current cards are good through end of June 2012, which B. Fowler verified. D Raplee asked what would happen if we did not go through with this program. B Fowler advised that the CTR program is in all of the collective bargaining agreements, so there would be an issue there. D Raplee reiterated that this agreement would cover us for the year only. L Thomas commented that was correct and that they would take other action perhaps next year. D Raplee moved to recommend that the One Regional Card for All (ORCA) agreement be placed on the consent calendar for the June 21, 2011, City Council meeting authorizing the Mayor to sign a one year contract with King County, Sound Transit, Community Transit, Kitsap Transit, WSF, Everett Transit, and Peirce Transit for the ORAC Program. J Perry seconded the Operations Committee Minutes June 7, 2011 Page: 2 motion. Before the vote, L Thomas advised B Fowler and Chief ,Administrative Officer John Hodgson that they pass along to the Mayor the committee's reservations in passing this motion. The motion passed 3-0. 4. INSURANCE BROKER CONTRACT AGREEMENT (INFORMATIONAL ONLY) Employee Services Risk Manager C Hills provided a briefing on changes to the City's Insurance Broker contract. C Hills went through a PowerPoint presentation entitled "Amendment to Alliant Insurance Services Contract Insurance Brokerage (attached). Immediate impact will be a reduction in Insurance Broker fees and commissions of $5,000 per year. Long term expectation will be to increase coverage and reduce premiums in Worker Compensation and Property insurance programs. Insurance covering City property and Excess Worker Compensation has been obtained for nearly 20 years by Bell-Anderson. Risk Management has recently completed an RFP for an Insurance Broker to acquire this coverage, and a few minor policies, through the insurance market. We had 4 responses, interviewed the top 2 and selected Alliant Insurance Services, Inc. Alliant was chosen in 2010 to assist Kent with the development of our new Liability insurance program. The attached Amendment to the 2010 contract provides for Alliant to assist with the purchase of all insurance managed by Risk Management. Total cost of Insurance Brokerage Services provided by Alliant increases from $35,000 to $55,000 per year. The term of the contract is extended to June 30, 2014. J Perry questioned $25 million coverage for a $54 million building, why that level of coverage. C Hills explained that $25 was the most we could get, as mentioned earlier, the prior carrier wouldn't give us any coverage at all. We were able to extract ShoWare from all of the rest of the property we insure and get $25 million coverage. S. SUMMARY FINANCIAL REPORT FOR APRIL 30, 2011 (INFORMATIONAL ONLY) Finance Director R Nachlinger advised that based on information available through April 2011 we are still pretty well on track. Revenues are estimated to end about $1,121,283 or 1.8% under budget, while expenditures are projected to end the year about $2,193,201 or 3.6% below the budget. This results in a projected ending fund balance of$2,656,205 or 5.1% of the expenditure budget. Page 42 of the report shows budget for 2011 was to reduce our fund balance by $600,000, we are currently estimating an increase in the fund balance of $475,000 so $1,075,000 better than budget. A bright spot in the budget is on page 35, Building Permits - an encouraging chart. In looking at the Year to Date (bottom chart) we have gone from 36.8 percent below budget for month of February and each month the negative number has gone down to where we are now 8.3% under budget. If that trend continues the verbiage will be changing regarding building permits. J Perry questioned if the department believes that trend will continue. R Nachlinger is going to track closely, not sure the trend will continue but is encouraged by the trend he sees right now. Chief Administrative Officer John Hodgson advised that part of what is being seen in this trend is that over the last couple of years a lot of projects that were just about ready to go actually failed and went to foreclosure. What you are seeing now is developers that have money are coming in and buying those entire plats. They are picking up projects that were already set to go. How long that will last depends on how much cash those developers have. That is where the increase is in new housing. L Thomas questioned why the recreation fees have been plummeting. J Hodgson advised that part of the reason may be that when you have a major recreation fee deadline, if that deadline is at the end of the month versus the first of the month, that can really shift your seasonal revenues. J Hodgson noted that historically the fees are down and Operations Committee Minutes June 7, 2011 Page: 3 he will need to get with Parks, Recreation and Community Services Director J Watling to see if that is what is causing it. J Hodgson noted that there is also less participation in the programs. The flip side of that is expenditures are down because not buying as many shirts, equipment, and trophies, but don't know if it is proportional. He will ask J Watling to prepare a report for the committee. J Perry's question for J Watling is at what point do we look at what we are offering and say this is what is best meeting the needs of the community. D Raplee asked R Nachlinger if he would add a line with different symbols so they could do a comparison between this year and last year, R Nachlinger agreed to do so. L Thomas then referred to page 41, Golf Operating Revenues, also consistently down. J Hodgson responded that the problem has been the weather. Pretty much lost March, April, May to the weather, we have to recoup that or look at how to reduce expenses, will work with staff. When we do have golfers the course is maxed out, but they are fair weather golfers. J Perry mentioned that in regard to recreation fees, we are not talking about a great deal of money. The committee does care and sees value in recreational programs. They are asking about fees because they do appreciate the services, it is not that the decline in fees is killing the budget. J Perry wanted to highlight the fact that our general fund revenues are right on track; some up, some down. She also questioned the extra sales tax from the amnesty program. R Nachlinger responded that the Department of Revenue will start distribution of that with the June remittance which will actually be for April, we do not know yet how much that will be. J Hodgson also mentioned that have been doing an amnesty program with the Court for the past couple of months. We are seeing a few people coming in, so hopefully will get a little spike in that in the next report as well. The meeting was adjourned at 4:30 p.m. by L Thomas. Nancy Clary Operations Committee Secretary City of Kent �v'°'m`,uu�uwh�i Parks and Human Services Committee nmim[000 K �µn E„ ,��,N��T Meeting Minutes of May 19, 2011 Council Present: Chair Debbie Ranniger and Dennis Higgins. Council Absent: Elizabeth Albertson Call to Order: Debbie Ranniger called the meeting to order at 5:05 p.m. 1. Minutes of April 21, 2011 - Approve Dennis Higgins moved to approve the minutes of April 21, 2011. Debbie Ranniger seconded. The motion passed 3-0 with concurrence with from Councilmember Albertson. 2. 4Culture Grant Aareement - Authorize Ronda Billerbeck informed the committee that 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. Debbie Ranniger referenced the tenuous funding situation with 4Culture funding. Ronda said that 4Culture funding is set to expire in 2012, but one more Senate Bill is being considered that has a funding package. Dennis Higgins asked what happens to staffing and performances if 4Culture funding goes away. Ronda and Jeff responded that staff would have to find creative ways to find sponsors to fill the holes and offer as many events as we can. Ronda added that this is not the only funding we receive from 4Culture, we typically get $25,000 - 35,000 for other site specific performances or public art projects each year. Dennis Higgins moved to recommend accepting the grant from 4Culture Sustained Support in the amount of $17,000, approving the expenditure of the funds, amending the 2011 Kent Arts Commission Budget in accordance with the grant agreement, and authorizing the Mayor to sign all necessary documents. Debbie Ranniger seconded. The motion passed 3-0 with concurrence from Councilmember Albertson. 5/19/11 Meeting Minutes Page 1 3. Consultant Services Agreement with Cascade Land Conservancy - Acceot Jeff stated that staff is always looking for ways to leverage our internal resources with external resources. This contract covers the scope of work to be performed by Cascade Land Conservancy for year two of the Green Kent Initiative. It's covered through a $50,000 grant that we received from the King Conservation District. The core of the CLC work will provide: collecting and tracking of field work done by volunteer stewards, annual steward work plans, technical input, recruitment outreach, and leadership, as needed. Dennis Higgins asked what we are doing with the balance of funds left over from the $50,000 grant. Jeff thinks it supports some volunteer work, but get back to Council. Dennis Higgins moved to recommend authorizing the Mayor to sign the agreement with Cascade Land Conservancy in the amount of $38,549.00 for implementation of the Green Kent Partnership. Debbie Ranniger seconded. The motion passed 3-0 with concurrence from Councilmember Albertson. Debbie Ranniger attended a fund raising seminar on deferred gifts and charitable contributions. She asked what the direct costs are to produce our events. Seattle Sympathy is recruiting donors with naming rights for their performances. She felt that we could explore this for some of the concert series and stewardship programs. Jeff said this could be built upon within the Kent Park Foundation, using our current Gifting Program. 4. Limited Use Permit with Puget Sound Energv - Authorize Jeff reported that the City of Kent Parks Department would like to sign 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, which began on February 28, 2010. This represents an increase from $100 per year to $200 per year. Dennis Higgins appreciates PSE letting the City use the land and asked if it would more cost efficient over time to own the land outright rather than pay for a limited use permit. Jeff will explore the idea and get back to Council. Dennis Higgins moved to recommend authorizing 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. Debbie Ranniger seconded. The motion passed 3-0 5/19/11 Meeting Minutes Page 2 with concurrence from Councilmember Albertson. 5. Addendum No. Two with Kent School District for Joint Use of the Community Center - Authorize Jeff informed the Committee that Addendum Number One to the Interlocal Agreement with the Kent School District, initiated in 2007, allowed us to manage and operate the former Sequoia Middle School campus as a Community Center. Addendum Number Two to the agreement takes the identified fitness room at the Community Center and adds that space to the agreement. We are working with the Kent Boxing Club to finalize a Facilities Use Agreement to start a boxing program at the Community Center, utilizing the fitness room. This Addendum is scheduled to be presented to the Kent School District Board on May 25. A number of meetings have taken place with Leslie Hamada and Kent School District staff to begin framing some of the detailed discussion of on-sight, day-to-day coordination. The program is set to begin in the Fall with possible open houses scheduled this Summer. Debbie Ranniger said this is a great way of doing business in collaboration with the Kent School District and non-profits. It creates an opportunity to offer services that we don't have the budget to support. Dennis congratulated and thanked staff, the Kent School District and PAL Boxing for their coordinated work efforts. He expressed many thanks to Leslie Hamada for her work in putting this together. He found in his research of PAL that they are well respected and run a very successful program in attracting kids and young adults that aren't well served by a lot of school districts and city programs. Dennis Higgins moved to recommend authorizing 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. Debbie Ranniger seconded. The motion passed 3-0 with concurrence from Councilmember Albertson. 6. First Ouarter Department Reports/First Ouarter Contributions Report - Informational Jeff wanted to highlight the Strategic Plan. That it can be seen within our ongoing work and not just in the target initiatives. One example is, Connecting People and Places. There is a lot of talk about trail connections and physical connections, but a lot of it relates to social connections. For example, the Teen Job Fair during the first quarter of the year had 29 vendors participating, and 300 kids attending. Related to teen jobs, 50 students worked as sports officials and track staff. We not only provide programs and services to families and the 5/19/11 Meeting Minutes Page 3 youth, but we are an important job center that teaches important leadership skills. Debbie Ranniger referred to a robust discussion about measurement tools at the April Parks Committee. She asked that impacts be integrated into the quarterly reports. For example, list how many people attended an event/program and show the impact it had as well. Debbie also asked if we can show how many teens were hired directly because of the Job Fair. Jeff referenced previous conversations on this topic and reiterated that yes, it is our goal to provide data on outcomes. Debbie asked Stacy Judd, the Police Public Education Specialist in the audience, for the same outcome data from the Police Youth Board. Jeff shared that there were 1,400 visits to the Senior Center fitness center. And, in connecting vulnerable people, the Kent Cold Weather Shelter was opened eight times during the first quarter. This is a great relationship with the Kent Lutheran Church. Approximately 150 unduplicated people were assisted. This is a good example of how do we meet and serve the people where they are as opposed to having them come to us. Contributions Report Over $12,000 was received in donations and in-kind gifts for the first quarter of 2011. Every donation is very meaningful. It leverages our existing resources to serve more and reach more of our residents. We are very grateful for the support of the community. 7. Director's Report Be The Spark The City purchased 60+ tickets for local teens to attend the "Be the Spark" event with Desmond Tutu at the Tacoma Dome. The tickets were distributed to a number of youth-based groups in the community. Stacy Judd Public Education Officer for Kent Police attended the meeting and wanted to thank the Parks Department for the opportunity to go to the event. Three Youth Board Members attended the event and were very grateful for the opportunity. Stacey read two statements from two youth board members that couldn't attend the meeting. Zena, who's been a member of the Youth Board since the 8th grade and is now a senior, said that "Be the Spark" was a once in a lifetime opportunity. She felt lucky to be there and was amazed to be in the Tacoma Dome with an audience of 15,000 teens. She was amazed by the energy of the crowd and the positive attitude of the speakers. She said Desmond Tutu's speech was so inspirational, it gave her a push to her leadership skills, which will help her take action in the community. 5/19/11 Meeting Minutes Page 4 Carley, a junior on the Youth Board, said the experience taught her that it doesn't' matter how old you are or where you live, there are ways to get involved in your community. She said that the best thing you can do is light the spark in others and get them to do the same. That you have to find something you are passionate about and then figure out how you can help do it. Shania, an 8th grader at Mill Creek said it was very interesting to see how many teens were interested in going to the event and that the speakers really grabbed their attention. After getting hyped up from performers, she said it was very motivating to hear from Desmond Tutu that anyone can make a change in their community, and it doesn't matter who you are. She feels that the Youth Board can do a project to teach other kids that they can make a change in their community too. Jeff thanked Stacy for participating and announced that a meeting has been scheduled on May 26, at 6:00 p.m. at the Community Center. They will discuss the event and have a dialogue on how we can bring this spark to Kent - either collectively or individually through each agency. Debbie Ranniger was very excited to know that she was the spark that inspired the purchase of the tickets. She hopes it spreads and that the meeting results in some great projects. Dennis Higgins thanked them for coming to the meeting and sharing their stories. Community Development Block Grant The Federal Government came up with their fiscal year budget and it reflects a 16% reduction that impacts us. Jeff met with Mayor Cooke and John Hodgson to put together a list of recommendations of how to deal with this impact. Our CDBG funds affect some Capital programs. The allocation of funds we contract out is 15%. The reduction is minimal to the agencies we fund. The biggest impact is in planning and administration costs. To absorb this impact, staff made the decision to consolidate two office positions; the vacant .75 office position in Facilities and the CDBG funded position in Human Services. This will provide 3 days of support in Facilities and 2 days of support in Human Services. Jeff will keep Council updated. Earthworks/Mill Creek Park Jeff reported that there is lots of work on variety of levels at Mill Creek. We are coordinating multiple efforts at Mill Creek with a long-term vision in three categories: Park Operations and maintenance, the renovation using PIP grant funds, and the Master Plan. There are some complex issues we need to resolve. Working with Park Operations we are endeavoring some work this summer. Specifically, resolution of drainage issues and cleaning the channels. We will continue to 5/19/11 Meeting Minutes Page 5 identify and work on volunteer projects throughout the Canyon and into Earthworks. Coupled with the Operations work and some of the design solutions and cost estimates we are receiving, we want to focus that renovation funding on drainage issues. We are being strategic to make sure the near term needs and the long term perspectives are met. A Request for Proposals for the Master Plan was advertised and an interview panel was chosen. The panel heard presentations from local firms and recommended JA Brennan to complete the plan because they presented a multi-disciplinary perspective, which addresses the City's goal. Jeff added that it's not just a park project, it's a civil infrastructure master plan. We also have internal work involving the master plan that we are doing with Public Works Environmental, Planning, and Community Development. Interactions and site analysis will continue through the Summer. Any kick off for the Master Plan will be late 2011/early 2012. That gives us the time and attention to complete the initial site work and internal work to make sure the Master Plan is done right and done well, with a lot of community feedback and interaction. Dennis Higgins asked when the Master Plan will be presented to Council for approval. Jeff responded that the plan should be ready around late Summer/early Fall. Resource Center Request for Proposal Jeff stated that the RFP for the Resource Center was re-released earlier this week with clarification in the language. Two tours were conducted at the Resource Center. There has been a lot of interest and many agencies are working on partnered proposals. Jeff worked with Mayor Cooke and John Hodgson on the makeup of the review panel. It will consist of seven to eight members with representation from professional and community groups - profit and non-profits sector, plus three staff members. The deadline for proposals is June 10, at 5:00 p.m. Lake Meridian Playground Equipment The Playground Expansion Project is under construction at Lake Meridian. We are looking at mid-late June for completion date. The grand opening will not be a formal dedication, but a meet and greet with Council and the Mayor during the Fourth of July Splash event. Rainouts Jeff announced that since March 11, we've had 24 rainout days. That equals 31% and represents 475 games that we've had to re-schedule. Rainouts impact a variety of user groups including the school district, little league, and City programs. Many thanks go to the Maintenance crew for their hard work in getting the fields ready and to the Athletic staff for their hard work in re-scheduling. 5/19/11 Meeting Minutes Page 6 Jeff said that something to note is the value of synthetic turf. In previous conversations he referenced the new approach of partnering with the school districts and other agencies to incorporate more synthetic turf in existing fields. The value of synthetic turf not only benefits multiple use like soccer, baseball, and La Cross, but there are no rainouts. Dennis Higgins commented on the revenue hits we have with rainouts and that we don't get paid when games are rained out. Debbie Ranniger asked about the lifecycle of synthetic turf. Jeff said that first generation of turf is typically 10-15 years and we probably have another 3 years at Wilson with proper maintenance. Jeff added that we are, in essence, replacing the carpet, not duplicating the initial Capital cost. This August maintenance work is planned for Wilson Playfield's synthetic turf. Jeff expressed his excitement about conversations with the School Districts and a cooperative effort to . We have opportunities at our existing baseball-only complexes. Kent Memorial Park and Service Club Ballfields are currently six month-use complexes. With the investment of synthetic turf, they could be year-round complexes with the benefit of no rainouts. Another advantage and cost savings to renovating existing fields is not having to build new parking lots or restrooms. Dennis Higgins thanked Jeff for a good report. Debbie Ranniger adjourned the meeting at 5:50 p.m. Respectfully submitted, CzG Deem& Council Committee Recorder 5/19/11 Meeting Minutes Page 7 PUBLIC WORKS COMMITTEE Minutes of Monday, June 6, 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 4:05 p.m. ITEM 1 - Approval of Special Minutes Dated May 16, 2011: Committee Member Harmon MOVED to approve the minutes of May 16, 2011. The motion was SECONDED by Higgins and PASSED 3-0. Item 2- Easement/from the Boeing Company - 72nd Avenue South Extension: Design Engineering Supervisor, Ken Langholz explained where the 72nd Avenue S. Extension Project begins and ends, and that this is essentially the missing link between S. 1961h Street and S. 2001h St. He noted that two roadway easements are required in order to obtain the necessary rights to construct the extension. One of the properties is owned by Boeing. The building is located on the site; relocation of the building is necessary. He explained the reason for the easement and noted that Boeing has agreed to hold the City harmless for any future remedial cleanup actions on the site - which is partially located within the Western Processing Superfund Site. The City has been looking at grant opportunities to fund and build this road over the years, and has been acquiring necessary easements. In most cases the grant agency requires the project to be ready to go to construction, which means easements such as this need to be acquired. Higgins MOVED to recommend Council authorize the Mayor to accept an Easement for 72nd Avenue S. from the Boeing Company, 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 3- Agreement between the City of Kent and Puget Sound Energy (PSE) - South 2281h Street Improvements: Design Engineering Supervisor, Kelly Casteel presented an informative PowerPoint presentation regarding the upcoming full road closures that are scheduled to begin on June 18, 2011 and will last until October, 2011. She noted that the 2281h Street Improvements Project includes construction of a large (6 ft. diameter) storm pipe to help alleviate flooding on 761h Avenue South and that the City's franchise agreement with PSE only requires relocation of their conflicting facilities within public Right-of- Way and does not include private utility services. She noted that the City must pay the cost to move these facilities. Casteel said that the interurban trail will not be affected during construction and that flyers went out to 5,000 business and residents in the area. Harmon MOVED to recommend Council authorize the Mayor to sign an Agreement between the City of Kent and Puget Sound Energy to relocate private utility services in conflict with the South 2281h Street Improvements project in an amount not to exceed $55,450.00, 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. Page 1 of 3 PUBLIC WORKS COMMITTEE Minutes of Monday, June 6, 2011 Item 4 — Information Only/Lake Fenwick Alum Treatment - Update: Matt Knox, Environmental Ecologist gave an informative PowerPoint presentation. He stated that on May 11, 2011, Lake Fenwick was treated with 1,700 gallons of aluminum sulfate. This non-toxic substance is commonly used to remove excess phosphorus from lakes. The lake treatment was done to improve water quality conditions in the lake that are not currently meeting standards as set by the Washington State Department of Ecology and the Environmental Protection Agency (EPA). The treatment will reduce algae growth and improve water quality for up to three years; giving the City time to implement more permanent measures. Information Only/No Motion Required Item 5 — Information Only/Recycling Event - June 11, 2011: Gina Hungerford noted that a recycling event will be held on Saturday, June 11, 2011 from 9:00 a.m. to 3:00 p.m. at the Kent Phoenix Academy located at 11000 SE 2641h Street. Hungerford noted that there will be a small fee for some of the materials and that only cash will be accepted. She then outlined some of the items that will be allowed at the event. For more information go to http://www.ci.kent.wa.us/content.aspx?id=1296. Information Only/No Motion Required Item 6 — Information Only/Sanitary Sewer - Update: Greg Reed, Utility Superintendent presented a PowerPoint Presentation outlining what work the Sanitary Storm Section performs. Reed showed an aerial map of the King County METRO Sewer trunk lines and explained that the increases on utility bills are pass-through charges from METRO. Reed presented many photos of the city's sanitary sewer system and explained what his section does on a weekly, monthly and yearly basis to keep the system running. Information Only/No Motion Required Item 7 — Information Only/Railroad Ouiet Zone — Update: Chad Bieren, City Engineer explained that the Transportation Engineering staff continues to advance work related to establishing a railroad quiet zone on the Burlington Northern Santa Fe tracks. Wayside horn demonstrations are being arranged on one of the downtown BNSF crossings. Samples of railroad agreements for wayside horns were briefly discussed. Public Works staff will work with the City Attorney and BNSF on an agreement specific to Kent. Bieren stated that staff applied for a federal grant through the Puget Sound Regional Council and Washington State Department of Transportation to help pay for a Quiet Zone on the BNSF tracks. Unfortunately, the application was reviewed and not selected for further consideration. Staff will continue to explore options for funding and apply for grants. Page 2 of 3 PUBLIC WORKS COMMITTEE Minutes of Monday, June 6, 2011 Committee members asked if the demo could be held the week before or after the Ist of August. Staff will work on scheduling the wayside horn demonstration. Information Only/No Motion Required Added Items: TIP/TIF Conversation - Raplee: Committee Chair Raplee noted that seven (7) requests were received to participate in a discussion group regarding the TIP &TIF. Raplee stated that all seven have been chosen to sit in on the meetings, with the kick-off meeting being sometime the week of June 13. The meetings will be held bi-weekly until early September. Benson Speed Limit — Harmon: Committee member Harmon asked staff when the speed limit signs would be posted on the Benson. City Engineer, Chad Bieren stated that we are waiting for the official word from the Department of Transportation. Bieren will look into this and will see that the signs are posted. The meeting was adjourned at 5:18 p.m. Cheryl Viseth, Public Works Secretary Page 3 of 3 EXECUTIVE SESSION A. Property Negotiations ACTION AFTER EXECUTIVE SESSION