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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/07/2012 CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. February 7, 2012 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT February 7, 2012 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Dennis Higgins, President Elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Governmental Relations/Legislative Update Michelle Wilmot 10 minutes 2. Streets and Parks Infrastructure Funding Tim LaPorte/ 50 minutes Jeff Watling ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Introduction of Appointees D. Community Arts Support Funding Recipients E. Amateur Softball Association Award F. Kent Downtown Partnership Presentation 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Excused Absence for Council Member Ralph - Approve D. Alliance One Lease Agreement - Kent Municipal Court - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED E. Annexation Sales Tax Threshold Resolution — Adopt F. Human Services Commission, Amending Ordinance — Adopt G. Contract with ICI Jones Chemical for Water Treatment Chemicals — Authorize H. Contract with Cascade Columbia for Water Treatment Chemicals — Authorize I. Drinking Water State Revolving Fund Loan — Accept I. Seattle-King County Local Hazardous Waste Management Grant — Accept K. King County Waste Reduction & Recycling Grant — Accept L. Department of Ecology Coordinated Prevention Grant — Accept M. Contract with Olympic Environmental Resources for Recycling — Authorize N. Stormwater Utility Property Lease — Authorize O. Braun Final Plat — Approve P. Appointment to the Kent Arts Commission — Confirm Q. PSE Access Easement and Agreement — Horseshoe Bend Levee — Authorize R. Puget Sound Energy Easement — Authorize S. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Acquisition B. Pending Litigation 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.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Introduction of Appointees D) Community Arts Support Funding Recipients E) Amateur Softball Association Award F) Kent Downtown Partnership Presentation 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 R. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of January 17, 2012. 7B. Approval of Bills. Approval of payment of the bills received through November 30 and paid on November 30, 2011 after auditing by the Operations Committee on January 17, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/11 Wire Transfers 4849-4867 $ 6,860,785.55 11/30/11 Regular Checks 658821-659082 3,844,051.10 11/30/11 Use Tax Payable 542.54 $10,705,379.19 Approval of payment of the bills received through December 15 and paid on December 15, 2011 after auditing by the Operations Committee on January 17, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 12/15/11 Wire Transfers 4868-4887 $2,032,553.82 12/15/11 Regular Checks 659083-659608 3,886,772.00 Void Checks 659166,659429,659658 (680.27) 12/15/11 Use Tax Payable 1,521.32 $5,920,166.87 (continued on back) 7B. Approval of Bills. (continued) Approval of payment of the bills received through December 31 and paid on December 31, 2011 after auditing by the Operations Committee on January 17, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/11 Wire Transfers 4888-4907 $1,419,623.40 12/31/11 Regular Checks 659609-659916 3,286,053.94 12/31/11 Use Tax Payable 3,119.68 $4,708,797.02 Approval of checks issued for payroll for December 1 through December 15 and paid on December 20, 2011: Date Check Numbers Amount 12/20/11 Checks 325801-325974 $ 124,682.47 12/20/11 Advices 292243-292893 1,239,785.77 $1,364,468.24 Approval of checks issued for payroll for December 16 through December 31 and paid on January 5, 2012: Date Check Numbers Amount 1/5/12 Checks 325975-326145 $ 153,987.16 1/5/12 Advices 292894-293538 1,219,272.79 $1,373,259.95 y RCN i Kent City Council Meeting Was„ „ ,., January 17, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Higgins, Perry, Ralph, Ranniger, and Thomas. Councilmember Boyce was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) The Amateur Softball Association Award was removed from the agenda and moved to the February 7 agenda. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Mayor Cooke expressed appreciation to Dawn Banfield for representing the city in a recent tree topping situation. B. Community Events. (CFN-198) Ranniger announced upcoming community events and Perry announced events taking place at ShoWare. It was noted that Employee Services Director Sue Viseth is retiring after 28 years of service, and Council members commended her for her work and her vision over the yea rs. C. Introduction of Appointee. (CFN-198) Mayor Cooke introduced Wade Schwartz, her appointee to the Human Services Commission. Schwartz spoke briefly about his interest in serving on the commission. D. Road Conditions and Severe Weather Shelters. (CFN-198) Michelle Wilmot announced how citizens can get information on the city's snow and ice plan, traffic information and road conditions, and the location and hours of the severe weather shelter. E. Public Safety Report. (CFN-122) Police Chief Thomas commended departing Deputy Police Chief Mike Painter for his 32 years of service, and reported on crime statistics over the past five years. He also presented the following awards: • The Chief's Award, Citizen Commendation, went to Larry Peterson, a King County Metro bus driver, who saw two people standing on a railroad track when a train was coming, and got out of his bus and moved them to safety. • The Chief's Award and Life Saving Medal went to Sgt. Dave Buck and Sgt. Mike Apple, who saved a person from drowning. • The Detective Division received the Chief's Award of Professional Excellence for their handling of the La Raza shooting which took place last summer. Mayor Cooke then administered the Oath of Office to incoming Officer Al Pindar. 1 Kent City Council Minutes January 17, 2012 PUBLIC COMMENT KentHOPE. (CFN-118) The following people spoke in support of using the former Parks Department Resource Center as a day center to serve the homeless, and responded to questions regarding issues such as finances, liability, legal and dental services, hours of operation, and safety: Davis Nichols 14411 SE 183rd Street, Renton Joshua Bassard 25914 128th Place SE, Kent Apostle Jimmie James 11406 SE 256th Place, Kent Patricia Gray 14036 SE 237th Place, Kent Chris Gough 1958 Union Avenue N., Renton Pastor Leslie Braxton 10212 59th Avenue South, Seattle Dwight Jackson 1229 W. Smith Street, Kent Roland Bradley 11515 80th Avenue South, Seattle Wade Schwartz 22403 129th Place SE, Kent Patricia Gray provided copies of a proposal from the Kent Homelessness Partnership Effort (KentHOPE)/Seattle's Union Gospel Mission, to operate a safe, community based, service-rich homeless center in the Kent Parks & Recreation facility located at 315 E. Meeker. Chris Gough of Seattle's Union Gospel Mission explained that the proposal is for them to completely fund operations, including utilities, and for the City to permit use of the property without assessed cost, provided that the property is used in accordance with the permitted uses. Albertson moved to make the proposal a part of the public record. Thomas seconded and the motion carried. Televised Council Meetings. (CFN-198) Carolyn Abbott, 22403 129th Place SE, commented that the quality of the audio portion of the televised Council meetings is not good. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through K, including the amend- ment to the resolution amending fees. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of January 3, 2012, were approved. B. Approval of Bills. (CFN-104) Bills were not available for approval. C. Kent Arts Commission Amendment Ordinance. (CFN-839) Ordinance No. 4028, allowing for more than one youth representative on the City's Arts Commission and allowing for more flexible youth representative terms, was adopted. D. 2011 Citywide Large Culvert and Storm Pipe Cleaning. (CFN-1038) The 2011 Citywide Large Culvert and Storm Pipe Cleaning Project was accepted as complete and release of retainage to Ventilation Power Cleaning, Inc., upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $986,847.95. The final contract amount was $1,049,044.92. 2 Kent City Council Minutes January 17, 2012 E. New Solution Grant. (CFN-825) The Mayor was authorized to accept the Public Health of Seattle/King County and CPPW grant in the amount of $20,000, amend the budget, and expend funds in accordance with the grant terms acceptable to the Economic and Community Development Director and City Attorney. F. Washinaton Auto Theft Prevention Authority Grant. (CFN-122) The Washington Auto Theft Prevention Authority grant was accepted on behalf of the Preventing Auto Theft Through Regional Operational Links (Patrol) Task Force in an amount not to exceed $55,500, and amendment of the budget and the expenditure of funds was authorized in accordance with the grant terms acceptable to the Police Chief and City Attorney. G. Washinaton Traffic Safety Commission Grant. (CFN-122) The Washington Traffic Safety Commission grant in the amount of $7,500 was accepted and amend- ment of the budget and expenditure of funds was authorized in accordance with the grant terms acceptable to the Police Chief and City Attorney. H. Human Services Commission Appointment. (CFN-873) The Mayor's appoint- ment of Wade Schwartz to the Kent Human Services Commission to serve a two-year term was confirmed. I. Fee Resolution. (CFN-186) Resolution No. 1852, amending Resolution No. 1851 clarifying the assessment of business license fees and the amount of technology fees due for business licenses and International Fire Code reviews, including amendments unanimously recommended by the Operations Committee today, was adopted. Perry explained that the amendments are to Section 2 which relates to fees for Multi-Family Dwelling Units. It was noted that a resolution showing the changes has been provided to the Council. J. 2010 Miscellaneous Sanitary Sewer & Water Main Improvements. (CFN-1186) The 2010 Water Miscellaneous Sanitary Sewer & Water Main Improve- ments Project was accepted as complete and release of retainage to Kar-Vel Construction upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $1,709,767.94. The final contract amount was $1,538,140. K. Excused Absence for Council Member. (CFN-198) An excused absence for Councilmember Boyce who was unable to attend the January 17, 2012, meeting was approved. REPORTS A. Council President. (CFN-198) Higgins noted the Council retreat will be held on February 10 and 11, 2012, and that work on the homeless issue will continue. B. Mayor. (CFN-198) Mayor Cooke noted that the I-5/509 project now includes a connection to S. 2281h, and updated recent connections with Sister Cities. C. Administration. (CFN-198) Hodgson said there will be an executive session of approximately 20 minutes relating to labor negotiations, with action expected when the meeting reconvenes. 3 Kent City Council Minutes January 17, 2012 D. Economic & Community Development Committee. (CFN-198) Perry announced that their next meeting will be at 5:30 p.m. on February 13, and asked her colleagues to review their work plans in their committee meetings prior to the Council retreat. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) Ranniger noted that their next meeting will be on January 19 at 5:00 p.m., where they will begin discussions on homelessness. G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198) Albertson noted that special meetings will be held on January 23 and 30, at 4:00 p.m. I. Regional Fire Authority. (CFN-198) Thomas noted that Allan Barrie was recently elected Chair, and that he was elected Vice Chair. EXECUTIVE SESSION The meeting recessed into executive session at 8:35 p.m. and reconvened at 9:20. Labor Negotiations. (CFN-198) Thomas moved to authorize the Mayor to sign a two-year collective bargaining agreement with the American Federation of State, County and Municipal Employees Local 2617 (AFSCME) effective January 1, 2012, through December 31, 2013. Higgins seconded and the motion carried. Thomas moved to authorize the Mayor to sign a two-year collective bargaining agreement with the Teamsters Local Union 117 effective January 1, 2012, through December 31, 2013. Higgins seconded and the motion carried. Thomas moved to authorize the Mayor to sign a one-year collective bargaining agreement with the Kent Police Officer Association (KPOA) - Officers & Sergeants effective January 1, 2012, through December 31, 2012. Higgins seconded and the motion carried. ADJOURNMENT The meeting adjourned at 9:22 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 4 �� KE a T Kent City Council Workshop January 17, 2012 Council Members Present: Albertson, Higgins, Perry, Ranniger, Ralph, Thomas The meeting was called to order at 5:30 p.m. by Council President Higgins. Interaovernmental Issues. Council members reported on regional meeting attendance and discussed regional committees. Legislative Update. Michelle Wilmot gave an update on legislative issues affecting the city. National Pollutant Discharae Elimination System (NPDES) Update. Shawn Gilbertson of Public Works Environmental Engineering gave a presentation on NPDES permits, requirements, compliance, potential sanctions, and the new Phase II permit. He explained Low Impact Development, and outlined the next steps in moving forward. National Wildlife Federation (NWF)/Federal Emergency Management Agency (FEMA) Lawsuit. City Attorney Brubaker gave a presentation explaining the background and current status of this issue, and outlining potential impacts to the city. He said the Law Department is investigating options to address the city's interests and will continue to monitor developments. The meeting adjourned at 6:40 p.m. Brenda Jacober, CMC City Clerk w," Agenda Item: Consent Calendar - 7C TO: City Council DATE: February 7, 2012 SUBJECT: Excused Absence for Council Member Ralph - Approve MOTION: Approve an excused absence for Councilmember Ralph as she is unable to attend the February 7, 2012, meeting. SUMMARY: EXHIBITS: Memorandum RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None City Council 40 Dennis Higgins, Council President Phone: 253-856-5712 ' K E N T Fax 253-856-6712 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Dana Ralph, Councilmember DATE: February 7, 2012 SUBJECT: City Council Excused Absence I would like to request an excused absence from the February 7, 2012 City Council meeting. I will be unable to attend. Thank you for your consideration. Councilmember Dana Ralph nc KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: February 7, 2012 SUBJECT: Alliance One Lease Agreement — Kent Municipal Court — Authorize MOTION: Authorize the Mayor to sign a Lease Agreement with Alliance One for a pay station located at the Kent Municipal Court and to ratify all acts consistent with this motion, subject to final lease terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Alliance One requested to operate a pay station at the Kent Municipal Court during regular business hours shortly after the Kent Municipal Court eliminated night court in August 2011. The additional services allow individuals to make payments and schedule payment plans directly with the collection agency. Having a south end location benefits not only Kent users but other jurisdictions as well. EXHIBITS: Lease Agreement RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Yes. Unanticipated income. LEASE AGREEMENT For Pay Station at Kent Municipal Court Between Kent Municipal Court and Alliance One Receivables Management, Inc. THIS LEASE is made by and between the City of Kent Municipal Court, a Washington municipal corporation, hereinafter referred to as "City," and Alliance One Receivables Management, Inc. a Washington corporation, hereinafter referred to as "Lessee," as of the last date executed below. SECTION 1. LEASED PREMISES. For and upon the conditions and provisions herein, the City hereby leases to the Lessee the following areas within the City of Kent Municipal Court ("Court") located at 1220 Central Avenue South, Kent, Washington: one (1) front counter workspace for one person to collect court fines and related costs. The City has sole discretion regarding the location and physical boundaries of said counter space, and reserves the right to modify the location and physical boundaries, as it sees fit, during the term of the Agreement. SECTION 2. USE OF PREMISES. The Lessee shall use the Premises to collect court fines and related costs, and other duties incidental to its collection business. The Lessee shall employ competent, courteous, and efficient staff in numbers to adequately serve its patrons. All Lessee's staff members shall, while on duty, be equipped with any apparatus or clothing that may be required by law, ordinance, or regulation. SECTION 3. DURATION OF AGREEMENT. The term of this Agreement shall begin on January 1, 2012, and shall terminate as provided for in this Agreement. SECTION 4. LEASE CONSIDERATION AND PAYMENT. The Lessee shall provide to the City the following consideration for the Lease: A. Services to the public pursuant to the terms of this lease. B. Rent to the City as follows: 1. Rent. Lessee shall pay monthly to the City four hundred forty-three dollars and eleven cents ($443.11). 2. Leasehold Tax. Pursuant to Chapter 82.29A RCW, Lessee shall pay monthly to the City, the amount of state leasehold tax owing at a rate established by the State of Washington, currently 12.84%. Leasehold tax will be due and owing for any months in which rent is waived. Should the leasehold tax rate increase or decrease in the Lease Agreement Between Kent Municipal Court and Alliance One Page 1 of 6 future, the monthly rental rate will be adjusted to arrive at a total rent and tax payment of five hundred dollars ($500.00). 3. Payment. Lessee shall make payment to the City for each calendar month of operation, said payment being due and payable no later than the fifteenth (15th) of the following month. All payments due under the Lease to the City shall be paid or delivered to: City of Kent Finance Department Customer Services Division 220 4th Avenue South Kent, WA 98032-5895 SECTION S. PENALTY, INTEREST AND PARTIAL PAYMENTS. A. If any payment due under this Lease is not paid to the City within ten (10) days after the date specified, a one-time late charge of five (5) percent of the payment due shall be added to the payment as a penalty, and the total sum shall become immediately due and payable. Any amount remaining unpaid by the first day of the month following the due date for payment (i.e., approximately 15 days late) shall bear interest at the rate of one (1) percent per month. B. Payments made by Lessee must be applied to amounts due and owing under the Lease in the following order: leasehold tax and Rent. The City has authority to apply partial payments received in the manner it sees fit based on the financial responsibilities of the City. SECTION 6. CITY OBLIGATIONS. The City shall have the following obligations under this Lease: A. Provide and maintain hours of operation; provided, the Court may be closed during such times because of snow, inclement weather, or any other reason. B. Provide telephone service. C. Provide a clean, safe and secure workspace. SECTION 7. SIGNAGE. All graphics placed upon or affixed to any of the Premises shall be subject to the prior written approval of the City, which approval shall not be unreasonable withheld. The Lessee will follow all City sign codes. The Lessee shall submit detailed Plans and secure any needed permits/approvals for all exterior and interior signs. In all cases, signage shall be consistent in size, color, lettering, and theme with the Court design and signage. SECTION S. TAXES, FEES, AND PERMITS. A. The Lessee shall obtain and at all times maintain a current City of Kent business license and shall obtain all other regulatory licenses and permits as may be required or become necessary to fulfill Lessee's obligations under this Lease at Lessee's sole expense. Each party agrees to execute such additional documents as may be required to fully implement the intent of this subsection. Lease Agreement Between Kent Municipal Court and Alliance One Page 2 of 6 B. The Lessee shall promptly pay all taxes and fees for its operations to the appropriate collecting agencies. All such taxes and fees shall be paid, before delinquent, all fees, charges, and costs arising out of the Lessee's use and occupancy of the Premises including, but not limited to, charges imposed for license and excise fees, sales tax, taxes on personal property of the Lessee and on the leasehold interest (leasehold tax) created by this Lease, and any other taxes imposed by governmental agencies pertaining to Lessee's operations under this Lease. SECTION 9. NON-DISCRIMINATION. Lessee shall conduct its business in a manner which assures fair, equal and non- discriminatory treatment at all times in all respects to all persons without regard to race, color, religion, sex, sexual orientation, age, or national origin. No person shall be refused service, be given discriminatory treatment or be denied any privilege, use of facilities, or participation in activities on the Premises on account of race, color, religion, sex, age, sexual orientation, or nation origin. Failure to comply with any of the terms of this provision shall be a material breach of this Lease. Lessee shall comply with all applicable Federal, State, County, and City laws, ordinance, rules and regulations regarding non-discrimination in employment, the provision of services to the public in a non-discriminatory manner. The Lessee shall be responsible for complying with the ADA and respect to any improvements installed by the Lessee, the placement of furniture and furnishings, and the Lessee's operation. SECTION 10. INSURANCE. The Lessee shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in the Goods & Services Agreement Between Kent Municipal Court and AllianceOne Receivables Management, Inc., of May 18, 2011. SECTION 11. INDEMNIFICATION AND HOLD HARMLESS Lessee 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 Lessee's performance of this Lease, except for that portion of the injuries and damages caused by the City's negligence. City shall defend, indemnify and hold the Lessee, its officers, officials, employees, and agents 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 City's negligent performance of this Lease, except for that portion of the injuries and damages caused by the Lessee's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'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 either party (the "Indemnitor'� 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 Indemnitor's part, then Lessee shall pay all costs for defense Lease Agreement Between Kent Municipal Court and Alliance One Page 3 of 6 for the tendering party (the "Indemnitee"), including all reasonable expert witness fees and reasonable attorneys' fees, plus the Indemnitee's legal costs and fees incurred because there was a wrongful refusal on the Indemnitor's part. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 12. TERMINATION Either party may terminate this Agreement, with or without cause, upon providing the other party ninety (90) days advance written notice as its address set forth in section 16 of this Agreement. SECTION 13. MISCELLANEOUS PROVISIONS. A. Non-Waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one of more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit a party's rights to indemnification under Section 11 of this Agreement. C. Written Notice. All communications regarding this Agreement shall be sent to the parties at the address 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 is sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. D. Assignment. Lessee shall not assign this Lease or sublet any portion of the Premises. Any sublease or assignment made in violation of this provision shall be void. E. Modification. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present Agreement. F. 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 of 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 G. Compliance with Laws. The parties agree to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the parties' performance under this Agreement, including in the case Lease Agreement Between Kent Municipal Court and Alliance One Page 4 of 6 of Lessee, those applicable to Lessee's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. SECTION 14. SURRENDER OF PREMISES AND REMOVAL OF LESSEE'S PROPERTY. A. Upon termination or expiration of this Lease, the Lessee shall surrender the Premises to the City and promptly surrender and deliver to the City all keys that it may have to any and all parts of the Premises. B. The Premises shall be surrendered to the City in as good a condition as at the date of execution of this Lease, except for the effects of reasonable wear and tear, alterations, and repairs made with concurrence of the City, and property damage by fire and other perils insured in contracts or policies of all risk insurance. C. Prior to the expiration of the term of this Lease, Lessee shall remove from the Premises, at its sole expense, all equipment, furnishings, and other personal property owned and placed in or on the Premises by the Lessee. D. All City purchased and owned equipment and furnishings and any such equipment and furnishings situated within the premises subsequently purchased and owned by the City shall remain City property and be left on the Premises. SECTION 15. BREACH. A. In the event that either party claims that the other is in a breach of any of the provisions of this Lease, notice of the breach shall be submitted to the party alleged to be in breach and the party in breach shall have thirty (30) days from receipt of the notice within which to make payments and/or correct any activity or conduct claimed by the other to have constituted a breach of this Lease. B. In the event that the party in breach shall fail to correct the activity claimed to constitute a breach of this Lease within thirty (30) days of receipt of the notice of breach, the party claiming breach may seek judicial remedy or specific performance; and/or pursue any other remedy available at law or equity. C. Notice of breach may be served on the other party by certified mail (return receipt requested) or by personal delivery on the Lessee setting forth the manner in which the Lessee in is default. D. Examples of a breach of the Lessee, which warrants termination of this Lease, if not cured, shall include: 1. Failure to pay Rent or other expenses when due; 2. Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; 3. Failure to comply with any other provision of this Lease; or 4. Lessee vacates or abandons the Premises. Lease Agreement Between Kent Municipal Court and Alliance One Page 5 of 6 16. Notices. Notices to Lessor shall be sent to the following address: City of Kent Parks Department 220 Fourth Avenue South Kent, WA 98032 Notices to Lessee shall be sent to the following address: Alliance One Receivables Management, Inc 6565 Kimball Drive, Suite 200 P.O. Box 2449 Gig Harbor, WA 98335-4449 IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CITY OF KENT ALLIANCE ONE RECEIVABLES, INC By: By: Print Name: Print Name: Title: Title: Date: Date: Approved as to Form Kent Law Department Lease Agreement Between Kent Municipal Court and Alliance One Page 6 of 6 KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: February 7, 2012 SUBJECT: Annexation Sales Tax Threshold Resolution - Adopt MOTION: Adopt Resolution No. approving the certification of $3,452,428 for the Panther Lake annexation sales tax credit for the period of July 1, 2012, through June 30, 2013. SUMMARY: The City is required to certify to the State of Washington the amount needed from the annexation sales tax credit to provide services in the annexed area before March 31st of each year. The Finance Department has calculated the costs and revenues within the Panther Lake annexation area and has determined a gap between revenues generated and expenditures used to provide services of $3,452,428 for July 1, 2012 through June 30, 2013. EXHIBITS: Resolution RECOMMENDED BY: Operations Committee BUDGET IMPACTS: The budget for the Panther Lake Annexation area for the State's fiscal 2012 year is anticipated to be $10,860,998 in expenditures to provide City services to those residents, while we anticipate revenues of $7,426,133 from property taxes, sales taxes and other sources. The net of the revenues and costs produces a deficit of $3,452,428 which is the amount being certified as the amount we are requesting from the State in the annexation Sales Tax Credit. The certification resolution is attached. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing the City of Kent to impose a sales and use tax as authorized by RCW 82.14.415 as a credit against state sales and use tax, relating to annexations, and authorizing the city's Finance Director to certify the threshold amount for the 2012 fiscal year. RECITALS A. This is not a new tax, but a reallocation of the sales tax already collected by the state, which will then be remitted to the City to assist with funding the costs of the newly annexed area. B. After providing all appropriate notice and following appropriate procedure, and following a favorable vote on the annexation proposition, the Kent City Council adopted its Ordinance No. 3936 on December 8, 2009, approving the Panther Lake Annexation Area effective July 1, 2010. The population within the annexation area determined at the time of annexation was 25,458 people. C. On February 15, 2011, the City adopted Resolution No. 1839 authorizing the City of Kent to impose a sales tax and use tax as authorized by RCW 82.14.415 as a credit against state sales and use tax, relating to annexations, and authorizing the city's finance director to certify the threshold amount for the 2011 fiscal year. 1 Tax Credit Threshold Panther Lake Annexation D. With this Resolution, the City authorizes the imposition of similar annexation sales and use taxes for the 2012 fiscal year. E. The City Council of the City of Kent, Washington, finds and determines that the projected cost to provide municipal services to the annexed area will be at least $10,860,998, and that cost exceeds the projected general revenue estimated to be $7,426,133 that the City would otherwise receive from the annexation on a fiscal year basis. F. Pursuant to RCW 82.14.415, the City of Kent is authorized, under the circumstances of this annexation, to impose a sales and use tax for the next state fiscal year, which shall be collected from those persons who are taxable by the state under Chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the city, with that tax being a credit against the state tax. G. The rate of tax imposed shall be 0.2 percent, and shall be in addition to other taxes authorized by law, and the threshold amount for the next (third) state fiscal year following the annexation and adoption of the tax is as follows: $3,452,428. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, — Rate and Threshold Amount. The city of Kent will continue the sales and use tax rate to offset municipal services costs to the city's newly annexed Panther Lake Annexation area at 0.2 percent, which shall be in addition to other taxes authorized by law. The threshold amount 2 Tax Credit Threshold Panther Lake Annexation for the Panther Lake Annexation for the state fiscal year 2012 is $3,452,428. SECTION 2, - Implementation and certification. The Mayor of the City of Kent is authorized to implement administrative procedures as may be necessary to carry out the provisions of this Resolution. The City's finance director is authorized to certify the amount for the 2012 fiscal year to the appropriate agencies within the State of Washington. SECTION 3, - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4, - Savings. Resolution No. 1839 shall remain in full force and effect until the effective date of this ordinance. SECTIONS. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7, - Effective Date. This resolution shall take effect and be in force immediately upon its passage, however the imposition of the 3 Tax Credit Threshold Panther Lake Annexation sales and use taxes for the 2012 state fiscal year authorized by this Resolution shall not take effect until the commencement of that fiscal year. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of 2012. CONCURRED in by the Mayor of the City of Kent this day of 2012. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRU BAKE R, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 2012. BRENDA JACOBER, CITY CLERK P:\Civil\I solution\Mnexadon Sales Tax Threshold2011.docx 4 Tax Credit Threshold Panther Lake Annexation W,, Agenda Item: Consent Calendar - 7F TO: City Council DATE: February 7, 2012 SUBJECT: Human Services Commission, Amending Ordinance - Adopt MOTION: Adopt Ordinance No. , amending KCC 2.53 increasing the terms of appointment for Human Services Commission youth representatives. SUMMARY: The Human Services Commission was created by Council in 1986. It has been determined that youth representatives on the commission should have more flexible term requirements so that each youth representative can remain on the commission throughout the representative's high school career. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 2.53 of the Kent City Code, entitled "Human Services Commission," increasing the terms of appointment of officers. RECITALS A. On September 3, 1986, the Human Services Commission was created by council's adoption of Ordinance No. 2655. The current code provisions concerning the commission are codified in chapter 2.53 of the Kent City Code. B. It has been determined that youth representatives on the commission should have more flexible term requirements so that each youth representative can remain on the commission throughout the representative's high school career. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Amend Ch. 2.53 KCC — Human Services Commission ORDINANCE SECTION 1. - Amendment. Section 2.53 of the Kent City Code is amended as follows: Sec. 2.53.030. Created. The city human services commission is hereby created. The commission shall serve in an advisory capacity to the mayor and city council. Sec. 2.53.040. Membership, terms, residence requirements. A. Membership. The human services commission shall consist of ten (10) members, each appointed by the mayor and confirmed by the city council. Each member of the commission shall have an equal vote in decisions of the commission, except for the council representative, who shall serve in a nonvoting capacity. B. Terms of appointment. With respect to the members appointed and confirmed to serve on the commission, the following provisions shall apply: 1. At least four (4) commissioners shall reside within the corporate limits of the city. 2. Appointments shall reflect a balance of interests and should be equally proportionate and contain no more than two (2) representatives, to the extent practicable, from each of the following communities, entities, or interest groups: business, educational, spiritual, charitable, civic, past or present receivers of human services, and providers of human services. The commission shall include at least one (1) youth representative of high school age and one (1) council member representative. 2 Amend Ch. 2.53 KCC - Human Services Commission 3. All members appointed shall serve three (3) year terms, with the following exceptions: a. The youth representative(s) shall be appointed to at least a one (1) year term, but may be appointed to as much as a three (3) year term; and b. The council representative shall be appointed to a one (1) year term. 4. When a vacancy occurs during a commissioner's current term, the mayor shall appoint, subject to council confirmation, a new commissioner who shall serve the remainder of the unexpired term. Sec. 2.53.050. Organization and meetings. The human services commission shall elect a chairperson and chair-elect from among its voting members. At the end of the current chairperson's term, the chair-elect will become the chairperson, and the commission will then elect from its members a new chair-elect. At the end of each year, the then chair-elect will assume the chairperson role and a new chair-elect would be elected. These officers shall hold office for one (1) year. The mayor shall appoint appropriate staff to assist the commission in the preparation of those reports and records as are necessary for the proper operation of the commission. The commission shall meet upon call of the chairperson, as necessary. Sec. 2.53.060. Responsibilities. The human services commission shall make reports and recommendations to the mayor and city council concerning human services issues including: 1. Development and assessment of human services needs in the city. 3 Amend Ch. 2.53 KCC — Human Services Commission 2. Determination of priorities of human services needs within the city. 3. Evaluation and recommendation on funding requests submitted to the city. 4. Evaluation and review of the performance of individual human services organizations and agencies. 5. Review of city actions which may affect the availability and quality of human services provision in the city. 6. Coordination with other groups and human services planning agencies and organizations. SECTION 2, — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 4 Amend Ch. 2.53 KCC — Human Services Commission SECTION 4, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2012. APPROVED: day of 2012 PUBLISHED: day of 2012. 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\Human Services Commission 2.53 KCC.docx 5 Amend Ch. 2.53 KCC - Human Services Commission KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: February 7, 2012 SUBJECT: Contract with JCI Jones Chemical for Water Treatment Chemicals — Authorize MOTION: Authorize the Mayor to sign the 2012 Water Treatment Chemical Supply Goods and Services Agreement with JCI Jones Chemicals, Inc. for Gas Chlorine and 25% Sodium Hydroxide, in an amount not to exceed $109,450, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City annually advertises for water treatment supply chemicals to ensure a consistent cost for annual budget planning. The use of these chemicals is required to produce drinking water quality that meets state and federal regulations. Gas chlorine is used to disinfect the water supply and protect it from contamination. Liquid Sodium Hydroxide is used in the water system as a pH adjustment for corrosion control. Kent's water sources tend to be slightly acidic; Sodium Hydroxide is added to source water to reduce its natural corrosiveness, which if left untreated would reduce the service life of pipes. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: There is no unbudgeted fiscal impact as this is an annual cost which is planned for each year and the funding ($109,450) would come from the 2012 Water Utility operating budget. KENT GOODS & SERVICES AGREEMENT FOR l ORDINARY MAINTENANCE between the City of Kent and JCI ,ones Chemicals, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JCI Jones Chemicals, Inc. organized under the laws of the State of Washington, located and doing business at 1919 Marine View Dr., Tacoma, WA 98422, Phone: (253) 274-0104/Fax: (253) 274-0733, Contact: Michelle Trammell (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 supply the City of Kent Water Department with water treatment chemicals (bid items 1, 2, 3, 4, 5, 10, 11, 12 and 13) according to the bid proposal submitted November 21, 2011, which is attached as Exhibit A and incorporated by this reference. 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, 2012. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred Nine Thousand, Four Hundred Fifty Dollars ($109,450.00), 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: GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1 (Over$10,000.00, including WSST) i Compensation of up to $109,450.00 is based on an estimate annual need. Actual need may vary as follows: Item 1: zero to 6 tons Item 2: zero to 5 tons Item 3: zero to 900 lbs. Item 4: zero to 450 lbs. Item 5: zero to 300 lbs. Item 10: zero to 96,000 gals. Item 11: zero to 8,000 gals. Item i2: zero to 1,000 gals. Item 13: zero to 16,000 gals. Therefore, actual compensation will be between $0 and $109,450.00 and be based on the exact quantity of chemicals ordered by the City. Vendor shall be paid after submittal of invoice. 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. PREVAILING WAGES. Vendor 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. Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by Vendor, 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. V. 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: GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2 (Over$10,000.00, including WSST) 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. VI. 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. VII. CHANGES. The City may issue a written change order 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 a change order is necessary, Vendor must submit a written change order 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 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 Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order 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 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 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3 (Over $10,000.00, including WSST) VIII. CLAIMS. If the Vendor 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 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 information: 1. The date of the Vendor'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 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. 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 GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 (Over $10,000,00, including WSST) accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. 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. X. 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. XI. 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, 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. XII. 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 GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5 (Over$10,000.00, including WSST) 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. XIII. 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. XIV. 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. 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 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 GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6 (Over$10,000.00, including WSST) 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. 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: Michelle Trammell Timothy J. LaPorte, P.E. JCI Jones Chemicals, Inc. City of Kent 1919 Marine View Dr. 220 Fourth Avenue South Tacoma, WA 98422 Kent, WA 98032 (253) 274-0104 (telephone) (253) 856-5500 (telephone) (253) 274-0733 (facsimile) (253) 856-6500 (facsimile) GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7 (Over$10,000.00, including WSST) APPROVED AS TO FORM: i Kent Law Department JCI-2DI2 Water Chemicals/Uauer Ili i GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE 8 (Over$10,000.00, including WSST) 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 j 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 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 i 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. I Dated this day of 20 By: Fo r: Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A �I i I WATER TREATMENT CHEMICAL SUPPLY FOR 2012 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: V rr /2 Bidder' Name: JCZ Jones ChmiCC�Llnc. , Item Estimated Description Bid Unit Total Annual Unit Prices Usage 1 6 Chlorine Gas in One-Ton Containers 1 s uw' 0 $ —3j(00DO TONS* FOB Clark Springs TON CONT. rLoA] Total $ 5'0D. L C) *Estimated annual need is 6 tons. Actual need may vary. i �1 nes (,�'1('�'Y1iC��� , C Company Submitting Proposal Authorized Signature Note; Contractor must submit a firm proposal for the contract term(s)o WATER TREATMENT CHEMICAL SUPPLY FOR 2012 PR®P®SALF®RM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: Bidder' Name: Xr JChts aern' (,s,T_nc,• Item Estimated Description Bid Unit Total Annual Unit Prices Usage 2. 5 Chlorine Gas in One-Ton Containers 1 $[p®O.©o $-5000 Q0 TONS* FOB Kent Springs TO-N7C„O/N�T. y�y�� /�,`��,+n y.- ` 6 `5o'c) dt/Ii bu'l W UC1r 4'�OUP1 e Total $ &: D(O( 00 i *Estimated annual need is 5 tons. Actual need may vary. Irani Company Submitting Proposal r at Q in��,r Q Authorized Signature Note. Contractor must submit a firm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2012 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: Bidder' Name: �15U Jwesdneyykak, k`lf . Item Estimated Description Bid Unit Total Annual Unit Prices Usage 3 900 Chlorine Gas in 150 Lb. Containers 150 $ Zw.00 $ Ie'Zbo l)® LBS* FOB East Hill Well LB CYL. t o o. co depc6f 00YI-wirw Total $ ILL,—DO •00 *Estimated annual need is 900 lbs. Actual need may vary. Company Submitting Proposal Authorized Signature Note, Contractor must submit a firm proposal for the contract term(s), WATER TREATMENT CHEMICAL SUPPLY FOR 2012 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: �t Bidder' Name: TC,S �CaYI�S �1tmiC(,� IS ..1�1G Item Estimated Description Bid Unit Total Annual Unit Prices Usage 4 450 Chlorine Gas in 150 Lb. Containers 150 $ 2co. 1.1 $ (-PW,D0 LBS* FOB Armstrong Springs Well #1 LB CYL Total $ l�l *Estimated annual need is 450 lbs. Actual need may vary. Md Jo�n� (� j , , Company Submitting Proposal Authorized Signature llotee Contractor must submit a firers proposal for the contract term(s), WATER TREATMENT CHEMICAL SUPPLY FOR 2012 PRUPUSALFURM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: 11/i � \J 1 (� �lam� I Bidder' Name: � 1 cn&q ` 1LM1C,455 Tnc Item Estimated Description Bid Unit Total Annual Unit Prices '.. Usage 5 300 Chlorine Gas in 150 Lb. Containers 150 � ��/\ LBS* FOB Seven Oaks Well LB CYL. $2r� $ o 1�, 51 Is 10 00 ry-y- Total $ %boo• D0 *Estimated annual need is 300 lbs. Actual need may vary. I Company Submitting Proposal Authorized Signature e'Jateo t o.-ntractor n, ust subirilt a firm proposal for tfie contract term(.). WATER TREATMENT CHEMICAL SUPPLY FOR 2012 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees; Bidder' Flame: CL \J ones Cyw-mi CCJ (s, Ln c Item Estimated Description Bid Unit Total Annual Unit Prices Usage 10 96,000 25% Sodium Hydroxide in $ O 0� $ -N,U30 Q0 GALS* 4,000 Gal. Deliveries BULK GAL, 0 FOB Pump Station #5 Total $ r qr �� ®o I *Estimated annual need is 96,000 Gals. Actual need may vary. I Company Submitting Proposal Authorized Signature lVote; Contractor must submit a firm proposal for the contract term(s), i WATER TREATMENT CHEMICAL SUPPLY FOR 2012 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: —gyp Bidder' Namd: C iXmi c ks; G -- Item Estimated Description Bid Unit Total Annual Unit Prices Usage 11 8,000 25% Sodium Hydroxide in $ %' ? $ ( WO.00 GALS* 4,000 Gal. Deliveries BULK GAL, FOB East Hill Well i i i Total $ l (I'414 -00 *Estimated annual need is 8,000 Gals. Actual need may vary. i ��ors "semi Cak'-'Tnc.. Company Submitting Proposal authorized Signature Note- Contractor must submit a firm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2012 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: 9 ,r Bidder` Name: jn jum1�1�> —ki 1t �• Item Estimated Description Bid Unit Total Annual Unit Prices Usage 12 1,000 25% Sodium Hydroxide $ CD7 $ i�hr�n GALS* 1,000 to 2,000 Gal. Deliveries BULK GAL. FOB 212th Treatment Plant Total $ D5.c)® *Estimated annual need is 1,000 Gals. Actual need may vary. C� i . �:�c�r�ss Cam eAk I TM Company Submitting Proposal !authorized Signature Note. Contractor must submit a firm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2012 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: Bidder' Narne: 06nn Item Estimated Description Bid Unit Total Annual Unit Prices Usage 13 16,000 25% Sodium Hydroxide in $ o ,b $ j�252- 0 L.>lJ GALS* 4,000 Gal. Deliveries BULK GAL. FOB Guiberson Corrosion Facility Total $ I 00 *Estimated annual need is 16,000 Gals. Actual need may vary, j I I i I EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE 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. 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. I B. 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 $2,000,000 products-completed operations aggregate limit. I EXHIBIT B (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. i 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 — 7H TO: City Council DATE: February 7, 2012 SUBJECT: Contract with Cascade Columbia for Water Treatment Chemicals — Authorize MOTION: Authorize the Mayor to sign the 2012 Water Treatment Chemical Supply Goods and Services Agreement with Cascade Columbia Distribution for Sodium Fluoride and Potassium Permanganate in an amount not to exceed $29,028, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City annually advertises for water treatment supply chemicals to ensure a consistent cost for annual budget planning. The use of these chemicals is required to produce drinking water quality that meets state and federal regulations. Sodium Fluoride is used to fluoridate the drinking water in an effort to help prevent dental cavities in young children, and Potassium Permanganate is used in the removal of iron and manganese to prevent staining of fixtures (sinks, tubs, etc). EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: There is no unbudgeted fiscal impact as this is an annual cost which is planned for each year and the funding ($29,028.00) would come from the 2012 Water Utility operating budget. I KETlT GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of Kent and Newco, Inc., d/b/a Cascade Columbia Distribution Co. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Newco, Inc., d/b/a Cascade Columbia Distribution Co. organized under the laws of the State of Washington, located and doing business at 6900 Fox Ave. S., Seattle, WA 98108, Phone: (206) 763-2350/Fax: (206) 762-5995, Contact: Keith Weisenburg (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 supply the City of Kent Water Department with water treatment chemicals (bid items 6 and 9) according to the bid proposal submitted November 21, 2011, 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, 2012. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Nine Thousand, Twenty Eight Dollars ($29,028.00), 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: GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1 (Over $10,000.00, including WSST) Compensation of up to $29,028.00 is based on an estimated annual need. Actual need may vary from zero to 40,000 lbs. for bid item 6 and zero to 1,000 lbs. for bid item 9. Therefore, actual compensation will be between $0 and $29,028.00 and be based on the exact quantity of chemicals ordered by the City. Vendor shall be paid after submittal of invoice. 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. PREVAILING WAGES. Vendor 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. Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by Vendor, 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. V. 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 GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2 (Over$10,000.00, including WSST) 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. VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (3p) days written notice at its address set forth on the signature block of this Agreement. VII. CHANGES. The City may issue a written change order 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 a change order is necessary, Vendor must submit a written change order 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 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 Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order 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 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 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. VIII. CLAIMS. If the Vendor 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 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 GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3 (Over$10,000,00, including WSST) 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 information: 1. The date of the Vendor'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 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. 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). IX. 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 (Over$10,000.00, including WSST) X. 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. XI. 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, 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. XII. 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5 (Over$10,000.00, including WSST) XIII. 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. XIV. 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. 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 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 Vendor. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6 (Over$10,000,00, including WSST) 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. 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: i VENDOR: CITY OF KENT: Keith Weisenburg Timothy J. LaPorte, P.E. Cascade Columbia Distribution Co. City of Kent 6900 Fox Ave. S. 220 Fourth Avenue South Seattle, WA 98108 Kent, WA 98032 (206) 763-2350 (telephone) (253) 856-5500 (telephone) (206) 762-5995 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Cascade Columbia-2012 Water Chemicals/Bauer GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7 (Over$10,000.00, including NSST) 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 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 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 of 3 i i 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: i I EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A WATER TREATMENT CHEMICAL SUPPLY FOR 2012 PR®P®SALF®RM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.2 & 1.6) for the following fees: n� Bidder' Name: Item Estimated Description Bid Unit Total Annual Unit Prices Usage 6 40,000 Sodium Fluoride in 50 Lb. Bags $ $ � c/ LBS* 26 FOn�B�y Cllla�ar(k� Springs LB � � 01JODA i Total $ 24eq-oo *Estimated annual need is 40,000 lbs. Actual need may vary. I C1jvVh 7- COUUVRA onnwl'oi j Com a Submitting Proposal Atli iz Signature Note,-Z`o r must submit a firm proposal for the contract term(s). i WATER TREATMENT CHEMICAL SUPPLY FOR 2012 PR®P®SALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.4 & 1.6) for the following fees: /�/ / / 1 (t� Bidder' [dame: l✓1`O�CAO( (MM)NA OMKQkyQ�-OJ� CO I i Item Estimated Description Bid Unit Total Annual Unit Prices Usage '.. 9 O Potassium nanate in LBS* 50 to 55 Lb Drums LB FOB 212th St. Treatment Plant T� J i Sub Total $ .2 400 9.5% WA State Sales Tax $ 2_ 2- Total ou *Estimated annual need is 1,000 lbs. Actual need may vary. �x,jP 0(- (c���Jmm I Com a y Submitting Proposal Au horiz d Signature Note. Con ractor must submit a firm proposal for the contract term(s), EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS i 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 it 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. B. 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 $2,000,000 products-completed operations aggregate limit. i EXHIBIT B (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 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 — 7I TO: City Council DATE: February 7, 2012 SUBJECT: Drinking Water State Revolving Fund Loan — Accept MOTION: Authorize the Mayor to sign the Drinking Water State Revolving Fund Loan in the amount of $2,020,000 to fund part of Kent's share in the building of the Tacoma Partnership Second Supply Pipeline Project's new Green River Water Treatment Plant Filtration Facility, amend the budget, and authorize expenditure of the funds accordingly, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This project involves the construction of a water filtration plant capable of meeting the federal Long Term Enhanced Surface Water Treatment Rule requirements of 99% cryptosporidium removal from the Green River water supply, enhancing Kent's ability to use Tacoma SSP Partnership water as needed. Kent entered into the Tacoma Second Supply Pipeline (SSP) partnership in 2002. The result of this partnership is to deliver approximately 12 percent or roughly 12.65 million gallons per day of Tacoma's second diversion water right from the area upstream of Howard Hanson Dam. The addition of the filtration plant is required by the Environmental Protection Agency (EPA), and by contract Kent is responsible for approximately 12 percent of the cost of the roughly $200 million project, which equates to about $20-25 million. This expense was anticipated when the current water rate schedule was adopted by Council in 2009. It was assumed that the project would be financed through a combination of bond sales and/or loans. The loan in question provides a low interest (1.5 percent per annum) alternative to bonds. EXHIBITS: Washington State Public Works Board Drinking Water State Revolving Fund Capital Loan Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This loan would be repaid over a 24-year term using budgeted revenues from the water utility fund. Washington State Public Works Board [C0 Post Office Sox 48319 Olympia,Washington 98504-8319 www.pwb.wa.gov Capital Agreement between: City of Kent and Public Works Board For: Project Name: Green River Water Treatment Plant Filtration Facil Loan Number: DM11-952-019 Loan Type: Drinking Water State Revolving Fund (DWSRF) 2011 New Traditional (Municipal) Contract Start Date: Contract Execution Date 0 Department of Commerce iInn wata 5s i5 ir, OUr Washington State Department of Commerce www.commerce.wa.gov TABLE OF CONTENTS CONTRACT FACE SHEET....................................................................................................... 1 CONTRACT TERMS AND CONDITIONS .................................................................................2 Part 1. SPECIAL TERMS AND CONDITIONS.,...................................................................... 2 PREAMBLE................. .. .... :.............. ...............::::.:...............................................................2 1.1. Definitions..................................................................................................................2 1.2. Authority ..... . .............. .....................:r: .... ........... 2 . ..... ..... 1.3. Purpose ......... ......... ....2 1.4. Order of Precedence ....................... , ..... ..... . ... ..2 PROGRAM SPECIAL TERMS AND CONDITIONS ... : .....::. ..... .........................I.........3 1.5. AMOUNT OF LOAN .... ... ..... ;. ... 3 1.6. LOAN FEE ..... .. .......:. .... . ....3 1,7. Term OF LOAN..... ... .. . .. . .... .... ......................:.... _...3 1.8 RATE AND LOAN FORGIVENESS....... ....:---------- ........ ..................... ..3 1.9. DISBURSEMENT-OF LOAN"PROCEEDS AND REQUIRED DOCUMENTATION..3 1.10. TIME OF PERFORMANCE.... ... . .:.... ........ ::... 4 1.11 PROJECT COMPLETION AMENDMENT AND THE CERTIFIED PROJECT COMPLETION REPORT.......': .. ...!.. ..... 5 1.12 REPAYMENT.,......... ... .... .... :.. _,.:: 5 1.13 DEFAULT IN REPAYMENT...... ......... ....... .. _....5 1.14 LOAN SECURITY........ . . . .... . ........ ............... 6 1.15 HISTORICAL AND CULTURAL ARTIFACTS........; ........................6 1 16 FEDERAL AND STATE REQUIREMENTS _.... .. ..'l.. .. ... .....7 1.17 COMPETITIVE BIDDING REQUIREMENTS.......:............. .......................7 1.18 ELIGIBLE PROJECT COSTS.... ... ........: 7 1.19 PREVAILING WAGE............... .............. 7 1.20 SUSPENSION AND DEBARMENT 8 1.21 REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR).........8 122. RECORDKEEPING AND ACCESS TO'RECORDS.................... ................ :::. ....8 1 23. REPORTS............. ........ J.:... .. ... . ...8 1.24 AMENDMENTS, MODIFICATIONS, ASSIGNMENTS AND WAIVERS.. ..: ......9 1.25. TERMINATION FOR CONVENIENCE... .. ....... ......... .....: :.. .... ...9 1 26. TERMINATION FOR CAUSE 9 1.27. AUDIT ......... .......:: ......... ............ .... .. 10 1.28 PROJECT SIGNS. .... ........ : .. ..... ...... ......... 10 1.29. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS-............... .... 10 1.30. NONDISCRIMINATION PROVISION ... ................................ 11 1.31. PROHIBITION STATEMENT.......... 11 1.32. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM...... ..... .. 11 1.33. Litigation ......... ........ .. .... I... ..... ... 12 1.34. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES..... ..... ...... ... .. 12 1.35. SPECIAL CONDITIONS.......................................................................................... 12 Part 2. GENERAL TERMS AND CONDITIONS.....................................................................13 2.1. DEFINITIONS.......................................................................................................... 13 2.2. Administrative Cost Allocation ................................................................................ 13 City of Kent Page i Table of Contents DM11-952-019 - 12/15/2011 DWSRF NT Loan Contract(Municipal) 2.3. AIIoWable Costs...................................................................................................... 13 2A. ALL WRITINGS CONTAINED HEREIN.................................................................. 13 2.5. AMENDMENTS....................................................................................................... 13 2.6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the"ADA" 28 CFR Part 35 ........................................................ 13 2.7. APPROVAL.-,....__..... ........................................................ ................................. 13 2.8. ASSIGNMENT......................................................................................................... 14 2.9. ATTORNEYS' FEES............................................................................................... 14 2.10. AUDIT_................ .:..:::. .::,::::.................................................................................. 14 2.11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS... ....... . ... ._......15 2.12. CODE REQUIREMENTS ............ ... ..... ..... ..... .. 16 2.13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION............. ..... ..... ....... 16 214. CONFORMANCE..- ... ....: : .................................................. 16 2.15. COPYRIGHT PROVISIONS_ ............ ... .... .: ....... .. .. ....... 16 2.16 DISALLOWED COSTS ......... ---------- ........ 17 2.17 DISPUTES . ........ .............................. ... ..... . .. .... ..... ...... 17 2,18. DUPLICATE PAYMENT-_..._............ ..........._..................::. .. .... .. .. ..... ...... 17 2.19. ETHICS/CONFLICTS OF INTEREST...::: .....: : . ......... ......... 17 2.20, GOVERNING LAW AND VENUE . .. ...... .... .... .... ..... 17 2.21. INDEMNIFICATION ......___ ....... . ......... ..::::... ......18 2.22. INDEPENDENT CAPACITY OF THE CONTRACTOR .... ...:: ......................... . . 18 2.23. INDUSTRIAL INSURANCE COVERAGE... .. ......... ... ... ::: .... .... 18 2.24. LAWS...... ............................................. .......................... ....A8 2.25. LICENSING, ACCREDITATION AND REGISTRATION ..: . ... ..... ...... .20 2.26. LIMITATION OF AUTHORITY .... .... ..... ........: ....`...20 2.27. Local Public Transportation Coordination... ......_..........._....21 2.28. NONCOMPLIANCE WITH NONDISCRIMINATION>LAWS........... ......... .........21 2.29. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES..... .... ..... . ....:i...21 2.30. POLITICAL ACTIVITIES...._... :....... .... .... .. ..... .....21 2.31. PREVAILING WAGE'LAWS ... .. .'...... .. .......21 2.32. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS........21 2.33. Prohibition Against Payment of Bonus or Commission '. . ...._. ..: ......22 2.34. PUBLICITY ......... ......... .:. 2.35. RECAPTURE.... ... ..................... : :. . .........22 2.36. RECORDS MAINTENANCE... .. ...:_, ......... ..............`... ... ......23 2.37. REGISTRATION WITH DEPARTMENT OF REVENUE ............... ..... ....._..23 2.38. RIGHT OF INSPECTION................................... ............................................23 2.39. SAVINGS . .............. ................................. ...23 2A0. SEVERABILITY . ... ... .... . . .23 2.41. SUBCONTRACTING ......._ ..... . .23 2.42`. SURVIVAL ......... ......... .. ..... ..... .... ...24 2.43. TAXES... ..... ...:.... ...__... .. ... .... ..... ..... .... .......24 2.44. TERMINATION FOR CAUSE/SUSPENSION........ ......... .... ..... .... .... ..24 2.45. TERMINATION FOR CONVENIENCE..... .... .... ..... .... .... ..... ....... .........24 2.46. TERMINATION PROCEDURES................ ............................................................24 2.47. WAIVER ..................................................................................................................25 2.48. WORK HOURS AND SAFETY STANDARDS........................................................25 City of Kent Page ii Table of Contents DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) ATTACHMENT I: SCOPE OF WORK.....................................................................................26 A. PROJECT'S SCOPE OF WORK..........................................................................................26 B. ESTIMATED PROJECT COSTS..........................................................................................27 C. ANTICIPATED PROJECT FUNDING...................................................................................28 ATTACHMENT II: ATTORNEY'S CERTIFICATION ..............................................................29 ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS..............................................30 ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS .........31 ATTACHMENT V: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ... .... . ........... ............................................... 33 ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS: .......... ...............................34 ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES ................................. ...'...... ......... ...................36 City of Kent Page iii Table of Contents DM11-952-019 12/15/2011 DWSRF NIT Loan Contract(Municipal) CONTRACT FACE SHEET Contract Number: DM11-952-019 Washington State Department of Commerce PUBLIC WORKS BOARD DRINKING WATER STATE REVOLVING FUND NEW TRADITIONAL (MUNICIPAL) 1. Contractor 2.'Contractor Doing Business As (optional) City of Kent NIA 220 4th Avenue South Kent, WA 98032 3. Contractor Representative 4. Public Works Board Representative NIA NIA 5. Contract Amount 6.Funding Source 7. Start Date 8. End Date $2,020,000.00 Federal: ® State: ❑ Other: ❑ NIA: ❑ Contract Execution Date October 1, 2035 9. Federal Funds (as applicable) Federal Agency CFDA Number EPA 66.468 10. Tax ID# 11. SWV# 12.UBI# 13.DUNS # 916001254, SWV000055200 20253613 14. Contract Purpose The purpose of this Contract is to provide funding for a project of a local government that furthers the goals and objectives of the Drinking Water State Revolving Fund Loan Program. The project will be undertaken by the Contractor and will include the activities described in Attachment I: Scope of Work.. The Board; defined as the Washington State Public Works Board and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference Contractor Terms and Conditions including Attachment I: Scope of Work; Attachment II: Attorney's Certification; Attachment III: Federal and State Requirements; Attachment IV: Disadvantaged Business Enterprise Requirements; Attachment V' Certification Regarding Debarment, Suspension, and Other Responsibility Matters; Attachment VI: DWSRF Eligible Project Costs; and Attachment VII: Labor Standard Provisions for Subreci Tents that are not Governmental Entities. FOR THE CONTRACTOR I FOR PUBLIC WORKS BOARD Signature John LaRocque Executive Director Print Name Date APPROVED AS TO FORM ONLY Title This 10t'day of October 2011 Rob McKenna Date Attorney General Signature on File Kathryn Wyatt Assistant Attome General City of Kent Page 1 Contract Face Sheet DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) CONTRACT TERMS AND CONDITIONS DRINKING WATER STATE REVOLVING FUND NEW TRADITIONAL (MUNICIPAL) Part 1 . SPECIAL TERMS AND CONDITIONS PREAMBLE 1.1. Definitions As used throughout this Drinking Water State Revolving Fund Loan Contract, the following terms shall have the meaning set forth below: A. `Contract" shall mean this Drinking Water State Revolving Fund Loan. B. "Contractor shall mean the Local Government identified on the Contract Face Sheet performing service(s) under this Contract and who is a Party to the Contract, and shall include all employees and agents of the Contractor C. "The Board" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW)43.155,030, and who is a Party to the Contract. D "Department of Health" shall mean the Washington State Department of Health, Office of Drinking Water, who is the recipient of the Drinking Water State Revolving Fund grant and regulates drinking water systems in the State of Washington 1.2. Authority Acting under the authority of RCW 70.119A.170 and RCW 43.155 040,the Board has awarded the = Contractor a Drinking Water State Revolving Fund loan for an'approved project. The Contractor will be a sub-recipient of funds provided by the United States Environmental Protection Agency, CFDA Number 66.468, Title: Safe Drinking Water State Revolving Fund, award year: 2011. 1.3. Purpose The Board and the Contractor have entered into this Contract to undertake a local project that furthers the goals and objectives of the Drinking Water State Revolving Fund Loan Program.;The project will be undertaken by the Contractor and will include the activities described in Attachment I: Scope of Work. The project must be undertaken in accordance with the following Program Special Terms and Conditions and all applicable federal, state and local laws and ordinances, including but not limited to those specifically enumerated in Attachment III. 1.4. Order of Precedence In the event of an inconsistency,in this Contract the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and State of Washington statutes and regulations- B. Special Terms and Conditions including attachments. C. General Terms and Conditions. City of Kent Page 2 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) PROGRAM SPECIAL TERMS AND CONDITIONS 1.5. AMOUNT OF LOAN The Board, using funds appropriated from the Drinking Water Assistance Account, shall loan the Contractor a sum not to exceed $2,020,000.00, which includes a loan fee of$20,000.00. 1.6. LOAN FEE The loan fee of$20,000.00 represents one percent (1%) of the loan request and shall not be reduced, regardless of the actual final loan amount at project completion. If the total loan amount is increased through an amendment, an additional loan fee equal to one percent.(1%) of the additional loan amount will be assessed at amendment execution 1.7. TERM OF LOAN The term of the loan shall not exceed 24 years, beginning at contract execution with the final payment due October 1, 2035. 2 1.8. RATE AND LOAN FORGIVENESS The interest rate shall be 1 50%per annum on the outstanding principal balance, based on a three hundred and sixty(360)day year composed of twelve(12)thirty(30)day months. There shall be no loan forgiveness.' 1.9. DISBURSEMENT OF LOAN PROCEEDS AND REQUIRED DOCUMENTATION If funding or appropriation is not available at the time the Contractor submits a request for a loan disbursement, the issuance of a warrant will be delayed or suspended until such time funds become available. Therefore, subject to availability of funds, warrants shall be issued to the Contractor for payment of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with Attachment I: Scope of Work The loan funds will be:disbursed to the Contractor as follows: Upon formal-'execution of this Contract,the disbursement of loan;proceeds up to ninety percent(90%) of the loan amount maybe requested. Ten percent(10%)of loan proceeds will be held until project completion. The total Drinking Water State Revolving Fund Loan shall not exceed one hundred percent (100%) of the actual eligible project costs. When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice Voucher(Form A19), referencing the ATTACHMENT 1: SCOPE OF WORK project activity performed; and any appropriate documentation such as bills,invoices, and receipts. The purchase of any land necessary and integral to the project must be included in the Attachment I: Scope of Work and be documented with an appraisal or other market valuation and a valid purchase and sale agreement. The Invoice Voucher must be certifted by an official of the Contractor with authority to bind the Contractor. The first Invoice Voucher(At 9) request shall be for the loan fee of$20,000.00. The loan fee will be assessed at contract execution. , Each succeeding Invoice Voucher(Form A19) must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a report of project status to date. The Board will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and the Project Status Report, the Board shall promptly remit a warrant to the Contractor. City of Kent Page 3 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) Construction expenses incurred after August 3, 2011, are eligible for reimbursement. Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor has met the following conditions: A. Issued a Notice to Proceed which follows the formal award of a construction contract; B. Completed the State Environmental Review Process; C. Complied with all provisions of Section 106 of the National Historic Preservation Act of 1966; D. Complied with Section 1.19. Prevailing Wage, E. Obtained approval from the Department of Health of the;project report and related construction documents for all applicable activities described in Attachments: Scope of Work, and F. Complied with any other loan conditions required by Department of Health or the Board. The Contractor shall submit all Invoice Vouchers and all required documentation to: ' Contracts Administration Unit Department of Commerce PO Box 42525 Olympia WA 98504 2525 The Board will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices Invoices may submitted to the Board not more often than monthly. Payment shall be considered timely if made by the Board within thirty(30);calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. The Board may, at its sole discretion,terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Board. In the event that the Contractor receives reimbursement for costs that are later determined by,the Board to be ineligible, these funds shall be repaid to the Drinking Water Assistance Account by payment to the Department of Commerce, or its successor;,together with the submission of the Project Completion Amendment.' At the time of project completion,the Contractor shall submit to the Board a Certified Project Completion Report certifying the total actual project costs, and a final voucher for the remaining eligible funds. The Certified Project Completion Report shall include a copy of the Construction Completion Report as submitted to Departmentof Health. 1.10. TIME OF PERFORMANCE The Contractor shall begin the activities identified within Attachment I: Scope of Work no later than thirty(30) days after Contract execution. No later than forty-eight(48) months after the date of Contract execution, the Contractor must reach project completion. In no case shall construction activities begin until the Contractor complied with all provisions of Section 106 of the National Historic Preservation Act of 1966. City of Kent Page 4 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) Failure to meet Time of Performance within the time frame described in this section shall constitute default under this Contract, and as a result, this Contract may be terminated. In the event of extenuating circumstances, the Contractor may request, in writing, at least 60 days prior to the expiration of project completion date that the Board extend the deadline for project completion. The Board may, by a two-thirds vote, extend the time of project completion. The term of this Contract shall be for the entire term of the loan, regardless of actual project completion, unless terminated sooner as provided herein. 1.11. PROJECT COMPLETION AMENDMENT AND THE CERTIFIED PROJECT COMPLETION REPORT The Contractor shall initiate a Project Completion Amendment by submitting a Certified Project Completion Report when activities identified in Attachment h Scope of Work are complete and the Contractor agrees that no additional eligible costs will_be reimbursed. The Board will supply the Contractor with the Certified Project Completion Report documents upon request. :> In the Project Completion Amendment the Contractor will provide the following information to the Board: A. A certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described in Attachment : Scope of Work. B. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. C A copy of the Department of Health Construction Completion Report as submitted to Department of Health. D. Evidence documenting compliance with audit requirements as referenced in Section 1.27. E. A final voucher for the remaining eligible funds. The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount and term of the loan. 1.12. REPAYMENT Pursuant to 40 CFR, Section 35.3525(a)(1)(i) an assistance recipient begins annual repayment of principal and interest no later than one year after project completion.The first repayment installment of principal and any interest accrued to date under this Contract is due on October 1s'of the first twelve(12)months following project completion. All subsequent payments shall consist of principal and accrued interest due on October 1�of each year during the remaining;term of the loan. Repayment of the loan under this Contract shall include an interest rate of 1.50%per annum. Interest will begin to accrue from the date each warrant is issued to the Contractor. The final payment shall be on or before October 1, 2035 of an amount sufficient to bring the loan balance to zero. The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without penalty. The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of Commerce, or its successor. 1.13. DEFAULT IN REPAYMENT Loan repayments shall be made in accordance with Section 1.12 of this Contract. A payment not received within thirty(30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first(1n day past the due date. The penalty will be one City of Kent Page 5 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) percent(1%) per month or twelve percent(12%) per annum of the delinquent payment amount. These same penalty terms shall apply if the repayment of loan funds determined to be ineligible costs are not repaid within thirty(30) days as provided for in Section 1.9. The Contractor acknowledges and agrees to the Board's right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such delinquency. Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken to enforce its rights under this section. 1.14. LOAN SECURITY This Contract is a revenue obligation of the CONTRACTOR payable solely from the net revenue of the Water system. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds';notes, warrants or other obligations of the utility having a lien on that net revenue As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. This option may be used only if the entire project is a domestic water,sanitary sewer, storm sewer or solid waste utility project The BOARD grants the Contractor the right to issue future bonds and notes that constitute a lien and charge on the revenue source superior to the lien and charge of this Loan Contract Nothing in this section shall absolve the Contractor of its obligation to make loan;repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this Contract 1.15. HISTORICAL AND CULTURAL ARTIFACTS The Contractor acknowledges that the project funded by this Contract is subject to Section 106 of the National Historic Preservation Act of 4966. Contractor agrees that Contractor is legallyand financially responsible for compliance with all laws, regulations :and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the State of Washington>in'relation to any claim related to such historical or cultural artifacts discovered, disturbed,or damaged as a result of Contractors public works project funded under this Contract. The Contractor agrees that in no case shall construction activities, ground disturbance, or excavation of any sort, begin until the Contractor has complied with all provisions of Section'106 of the National Historic Preservation Act of 1966, as amended through 2000. In addition,the Contractor shall not conductor authorize destructive project;planning activities before completing compliance withSection 106 of the National Historic Preservation Act of 1966, as amended through2000, If historical or cultural artifacts are discovered during construction,'the Contractor shall immediately stop construction and implement reasonable measures to protect the discovery site from further disturbance, take reasonable steps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned tribe's cultural staff or committee,Tribal Historical Preservation Officer (THPO), Cultural Resources Program Manager at Washington State Department of Health, and the State's Historical Preservation Officer(SHPO) at the Washington State Department of Archaeology and Historic Preservation (DAHP). If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact:DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require the above provisions to be contained in all contracts for work or services related to Attachment I: Scope of Work. In no case shall construction activities begin until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of 1966. In addition to the requirements set forth in this Contract, the Contractor agrees to comply with Native American Graves Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code City of Kent Page 6 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) of Washington (RCW)27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources, RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves, and Washington Administrative Code (WAC)25-48 regarding Archaeological Excavation and Removal Permits. 1.16. FEDERAL AND STATE REQUIREMENTS The Contractor assures compliance with all applicable federal, state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project, including but not limited to those listed in Attachments tl , IV and V. 1.17. COMPETITIVE BIDDING REQUIREMENTS. Pursuant to 40 CFR, Section 33,501(b)and (c),the Contractor also agrees to create and maintain a bidders list for both Disadvantaged Business Enterprises(DBE),and Non-Disadvantaged Business Enterprises (non-DBE). The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the . universe of DBE and non-DBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote subcontracts on Environmental Protection Agency assisted projects, including both DBE and non-DBE. The bidders list must only be kept until the grant project period has expired and the recipient is no longer receiving Environmental Protection Agency funding under the grant. For entities receiving identified loans, the bidders list must only be kept until the project period for the identified loan has ended The following information must be obtained from all prime and subcontractors: entity's name with point of contact, entity's mailing address,telephone number, and e-mail address; the procurement on which the entity bid or quoted, and when; and entity's status as a DBE or non-DBE. The Contractor agrees to provide Environmental Protection Agency Form 6100-2 DBE Subcontractor Participation and Environmental Protection Agency Form 6100-3 DBE Subcontractor Performance to all its Disadvantaged Business Enterprise subcontractors. The Contractor shall require Disadvantaged Business Enterprise provisions are contained in all contracts with any subcontractors for work or services related to Attachment I: Scope of Work. The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Drinking Water State Revolving Fund program 1.18. ELIGIBLE PROJECT COSTS The Contractor assures compliance with Attachment VI: DWSRF Eligible Project Costs, which identifies eligible costs for projects funded by Drinking;Water State Revolving Fund loans. 1.19. PREVAILING WAGE These terms supersede the terms in Section2.31. Prevailing Wage Laws in General Terms and Conditions. All contractors and subcontractors performing work on a construction project funded through this Contract shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of,the Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39 12 040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for Board's review upon request; or The Davis Bacon Act, 40 U.S.C. 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. City of Kent Page 7 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NIT Loan Contract(Municipal) The Contractor agrees that the Contractor is legally and financially responsible for compliance with the prevailing wage requirements. Contractor is advised to consult the United States Department of Labor and Washington State Department of Labor and Industries websites to determine the federal and State prevailing wages that must be paid. The Contractor shall ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in Attachment I: Scope of Work shall insert in full, in any contract, the labor standards provisions listed in ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR SUBRECI RENTS THAT ARE GOVERNMENTAL ENTITIES. Contractor shall report to the Board and/or the Department of Health that this requirement has been met as stated in this Contract. 1.20. SUSPENSION AND DEBARMENT These Terms add to the terms in Section 2.11 Certification Regarding Debarment, Suspension or Ineligibility and Voluntary Exclusion—'Primary and Lower Tier Covered`Transactions in General Terms and Conditions. The Contractor also agrees to access the Excluded Parties List System at www.epis.gov and provide debarment and suspension documentation to the Board and to keep a copy on file with the Contractor's project records. 1.21. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR) By signing this Contract, the Contractor accepts the requirements stated in 48 CFR 52,204 7 to register with the Central Contractor Registration(CCR)database at www.ccr.gov. To register in CCR, a valid Data Universal Numbering System (DUNS) Number is required The Contractor is responsible for the accuracy and completeness of the data within the CCR database and for any liability resulting from the Government's reliance on inaccurate or incomplete data.The Contractor must remain registered in the CCR database after the initial registration.The Contractor is:required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current,accurate and complete.The Contractor shall provide evidence documenting registration and renewal of CCR registration to the Board. In the event of the Contractor's noncompliance or refusal to comply with the,requirement stated above, the Board reserves the right.to suspend payment until the Contractor cures this noncompliance. 1.22. RECORDKEEPING AND ACCESS TO RECORDS These terms supersede the terms in Section 2.36. Records Maintenance in General Terms and Conditions. The Board, the Board's agents, and duly authorized officials of the state and federal governments shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers,records, and books of the Contractor and of persons, firms, or organizations with which the Contractor may contract, involving transactions related to this project and this Contract The Contractor agrees to retain these records for a period of six(6)years from the date that the debt is retired. This includes but is not limited to financial reports If any litigation, claim or audit is started before the expiration of the six_(6)year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved: 1.23. REPORTS The Contractor, at such times and on such forms as the Board may require,shall furnish the Board with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Contract including, but not limited to: A. Prevailing Wage decisions and/or changes; B. Disadvantaged Business Enterprises utilization; City of Kent Page 8 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) C. Project Status Reports with each Invoice Voucher, D. Certified Project Completion Report at project completion (as described in Section 1.11), and E. Other reports as the Board may require. In the event of the Contractor's noncompliance or refusal to comply with the requirement stated above, the Board reserves the right to suspend payment until the'Contractorcures this noncompliance. 1.24. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS AND WAIVERS These terms supersede the terms in Section 2 5 Amendments in General Terms and Conditions. The Contractor may request an amendment of this Contract for the purpose of modifying the Attachment I: Scope of Work or for extending the time of performance as provided for in Section 1 10. Any revision to the scope of work or location of the project must be approved by the Department of Health. No modification or amendment resulting in an extension of time shall take effect until a request has been received and approved by Board in accordance with Section 1.10.` During the term of this loan, any change in ownership of the water system(s) improved with funds received by the Contractor under this Contract must be approved in writing by the Board. As a condition of approval, the Board reserves the right to demand payment in full of the outstanding principal balance of the loan. No conditions or provisions of this Contract may be waived unless approved by the Board in writing. No waiver of any default or breach by any party shall be implied from any failure to take action upon such default or breach, if the default of breach persists or repeats. 1.25. TERMINATION FOR CONVENIENCE These terms supersede the terms in Section 2.45. Termination for Convenience in General Terms and Conditions.; The Board may terminate this Contract in the event that federal or state funds are no longer available to the Board, or are not appropriated for the purpose of meeting the Board's obligations under this Contract. The Board shall notify the Contractor in writing of its determination to terminate and the reason for such termination. The effective date of the termination will be determined by the Board. If this Contract is so terminated, the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. Nothing in this section shall affect Contractor's obligations to repay the unpaid balance of the loan 1.26. TERMINATION FOR CAUSE These terms supersede the terms in Section 2.44.Termination for Cause/Suspension in General Terms and Conditions: If the Board concludes that the Contractor has failed to comply with the terms and conditions of this Contract, or has failed to use the loan proceeds only for those activities identified in Attachment I: Scope of Work, or has otherwise materially breached one or more of the covenants in this Contract, the Board may at any time, at its discretion,upon notice to the Contractor, terminate the Contract and/or its attached agreements in whole or in part, and declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable in full` Such Notice of Termination for Cause shall be in writing, shall state the reason(s)for such termination, and shall specify the effective date of the termination. The effective date of the termination will be determined by the Board. Such notice shall inform the Contractor of the breach of the relevant covenant and shall allow the Contractor at least thirty (30) business days to cure such breach, if curable. The notice shall instruct the Contractor that, if the breach is not cured or cannot be cured within thirty (30) business days, the outstanding balance of the loan shall be due and payable. If this Contract is so terminated, the Board shall be liable only for payment City of Kent Page 9 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. Nothing in this section shall affect the Contractor's obligations to immediately repay the unpaid balance of the loan as prescribed in the Washington Administrative Code (WAC) 246-296-150 (5). 1.27. AUDIT These terms supersede the terms in Section 2.10. Audit in General Terms and Conditions. Audits of the Contractor's project activities may be conducted by the State Auditor Office (SAO). Audit costs are eligible project costs. The Contractor shall maintain its records and accounts so as to facilitate the audit requirements of the Board or its successor. The Contractor is responsible for any audit findings incurred by its own organization. The Board reserves the right to recover from the Contractor all disallowed costs resulting from the audit. In addition, Contractor's expending $500,000 or more in any fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget(OMB) Revised Circular A 133 "Audits of States Local Governments, and Non-Profit Organizations.'The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine(9) months after the end of the Contractor's fiscal year(s)to: Department of Commerce ATTN: Audit Review and Resolution Office , 1011 Plum Street SE Olympia WA 98504.2525 In addition to sending a copy of the audit, when applicable, the Contractor must include. Corrective action plan for audit findings within three (3) months of the audit being received by the Board. Copy of the Management Letter. 1.28. PROJECT SIGNS If the Contractor displays, during the period`covered'by this Contract, any signs or markers identifying those entities participapng financially in the approved;project, the sign or marker must identify the Washington State Public Works Board Drinking Water State Revolving Fund, and the Washington State Department of Health, as participants in the project. 1.29. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS As mandated by the Environmental Protection Agency, the Contractor agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement under this Contract. The Contractor is required to follow the requirements identified in Attachment IV: Disadvantaged Business Enterprise Requirements By signing this Contract, the Contractor accepts the applicable MBE/WBE fair share objectives/goals negotiated with Environmental Protection Agency by the Washington State Office of Minority and Women's Business Enterprises.The Contractor attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as Washington State Office of Minority and Women's Business Enterprises. The goals for the utilization of disadvantaged businesses are stated below. j Purchased Goods 8% MBE 4%WBE Purchased Services 10% MBE 4%WBE Professional Services 10% MBE 4%WBE City of Kent Page 10 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) The Contractor is required to furnish the Board and the Department of Health with such periodic reports as the Department may request pertaining to the utilization of disadvantaged businesses. 1.30. NONDISCRIMINATION PROVISION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter49.60 RCW,Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq,the Americans with Disabilities Act(ADA). In the event of the Contractor's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded; canceled, or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable time in which to cure this'noncompliance. The Contractor must also include the following terms and conditions in contracts with all contractors, subcontractors engineers, vendors, and any other entity for work or services listed in Attachment I: Scope of Work ; "The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in,termination of this Contract." 1.31. PROHIBITION STATEMENT Pursuant to Section 106 of the Trafficking Victims Protection Act of 2000,,as amended, the Contractor's contractors,subcontractors, engineers, vendors, and any other entity for work or services listed in Attachment l: Scope of Work may not engage in severe forms of trafficking in persons during the period of time the Contract is in effect, procure a commercial sex act during the period of time the Contract is in effect or use forced labor during the performance of this Contract The Contractor shall require this prohibition'statement in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in Attachment I: Scope of Work. The Contractor must also include the following terms and conditions in contracts with all contractors, subcontractors, engineers,,vendors, and any other entity forwork or services listed in Attachment C Scope of Work. "Prohibition Statement-You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect;procure a commercial sex act during the period of time that the awards is in effect; or use forced labor in the performance of the award or subawards under the award-" In the event that the Contractor or any of its employees is determined to have violated the terms of this section, this Contract may be terminated 1.32. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM The Contractor warrants that the Contractor neither has submitted nor shall submit any information that is materially false, incorrect, or incomplete to the Board. The Contractor is advised that providing false, fictitious, or misleading information with respect to the receipt and disbursements of Environmental Protection Agency funds is basis for criminal, civil, or administrative fines and/or penalties. City of Kent Page 11 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) 1.33. Litigation The Contractor warrants that there is no threatened or pending litigation, investigation, or legal action before any court, arbitrator, or administrative agency that, if adversely determined, would have a materially adverse effect on the Contractor's ability to repay the loan. 1.34. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES The Contractor agrees to provide a resolution adopting rate increases, capital assessments, or both, for the services of the system that shall be sufficient to provide funds which, along with other revenues of the system, will pay all operating expenses and debt repayments during the term of the loan. In addition, the Contractor shall create, fund and maintain reserves at least as required by the Water System Plan or Small Water System Management Plan. The Board reserves the right, at anytime, to request proof of compliance of these requirements from the Contractor. 1.35. SPECIAL CONDITIONS None. City of Kent Page 12 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) Part 2. GENERAL TERMS AND CONDITIONS 2.1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Public Works Board Chair and/or the designee authorized in writing to act on the Chair's behalf. B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. C. "BOARD" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW)43.155.030, and which is a Party to the Contract D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health finances, education, business, use or receipt of governmental services or other activities,addresses, telephone numbers, social security numbers, driver license numbers,:other identifying numbers and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subcontractor' shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors' mean subcontractor(s) in any tier. 2.2. ADMINISTRATIVE COST ALLOCATION Administrative costs that may be allowed are set forth in the Specific Terms and Conditions. Administrative services shared by other programs shall be assigned to this Contract based on an allocation plan that reflects allowable administrative costs that support services provided under each Contract administered by the Contractor. An approved current federal indirect cost rate may be applied up to the maximum administrative budget allowed. 2.3. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum;amount stated on the Contract Award or Amendment Face Sheet. ' 2.4. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. 2.5. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336 ALSO REFERRED TO AS THE "ADA" 28 CFR PART 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 2.7. APPROVAL This contract shall be subject to the written approval of the BOARD's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. City of Kent Page 13 Contract Terms and Conditions DM11-952-019- 12/15/2011 DWSRF NT Loan Contract(Municipal) 2.8. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the BOARD. 2.9. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs. 2.10.AUDIT A. General Requirements Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or.that of its Subcontractors. THE BOARD reserves the right to recover from the Contractor all disallowed costs resulting from the audit. . As applicable Contractors required to have an audit must ensure the audits are performed in accordance with Generatly Accepted Auditing Standards (GARS) Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General" Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to the BOARD requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. Federal Funds Requirements-OMB Circular A-133 Audits of States Local Governments and Non-Profit Organizations Contractors expending $500,000 or more in a fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget (OMB) Revised Circular A 133"Audits of States, Local Governments and Non Profit Organizations." Revised OMB A-133 requires the Contractor to provide the auditor with ai'schedule:of Federal Expenditure for the fiscal year(s)being audited. When state funds are also to be paid under this Agreement a Schedule of State Financial Assistance must also be included. Both schedules include: Grantor agency name Federal agency ' Federal program name Other identifying contract numbers Catalog of Federal Domestic Assistance (CFDA) number(if applicable) Grantor contract number Total award amount including amendments (total grant award) Current year expenditures ' If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor in accordance with OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations." The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financial records must be available for review by the BOARD. City of Kent Page 14 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NIT Loan Contract(Municipal) C. Documentation Requirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s) by sending a scanned copy to auditreview0commerce.wa.gov or by sending a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three(3) months of the audit being received by the BOARD. • Copy of the Management Letter. 2.11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Contractor, defined as the primary participant and it principals,',certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. 2. Have not within a three-year period preceding this contract, been convicted of or had a civil judgment rendered against them for commission of fraud'or a criminal offense in connection with obtaining, attempting to obtain;or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion receiving stolen property, making false claims', or obstruction of justice; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph;(1)(b) of this section and 4. Have not within three-year period preceding the signing of this contract had one or more public transactions (federal, state;'or local)terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this contract, the Contractor shall attach an explanation to this contract. C. The Contractor agrees by signing this contract that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended; declared ineligible;'or voluntarily excluded from participation in this covered transaction, unless authorized by the BOARD. D. The Contractor further agrees by signing this contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary;Exclusion-Lower Tier Covered Transaction,"as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a) The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor shall attach an explanation to this contract- E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the City of Kent Page 15 Contract Terms and Conditions DMI I-952-019 12/15/2011 DWSRF NT Loan Contract (Municipal) meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the BOARD for assistance in obtaining a copy of these regulations. 2.12. CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990, 28 C.F.R. Part 35 will be required, as specified by the local building Department. 2.13. CON FIDENTIALITYISAFEGUARDING OF INFORMATION- A. "Confidential Information" as used in this section includes: 2. All material provided to the Contractor by the BOARD that,is designated as"confidential" by the BOARD; 3. All material produced by the Contractor that is designated as"confidential" by the BOARD; and 4. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. `Personal information"includes but is not limited to information related to a person's name,health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers,and "Protected Health Information" under the federal''Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall complywith all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information,The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the BOARD or as may be;required by law.The Contractor shall-take'all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide the BOARD with its policies and procedures on confidentiality. The BOARD may require changes to such policies and procedures as they apply to this Contract whenever the BOARD reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the BOARD. Upon request, the Contractor shall immediately return to the BOARD any Confidential Information that the BOARD reasonably determines hasnot been adequately' protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify the BOARD within five (5)working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful affects of such use or disclosure. 2.14. CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 2.15. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the BOARD. The BOARD shall be considered the author of such Materials In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights moral rights, and rights of publicity to the BOARD effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. City of Kent Page 16 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NIT Loan Contract(Municipal) For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to the BOARD a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the BOARD. The Contractor shall exert all reasonable effort to advise the BOARD, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide the BOARD with prompt written notice of each;notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The BOARD shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 2.16. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors 2.17. DISPUTES Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of the the BOARD who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractors name, address, and Contract number; and • be mailed to the Director and,the other party's (respondent's) Contract Representative within three (3)working days after the;parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestors statement to both the Director or the Director's designee and the requestor within five (5)working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10)working days The Director or designee may extend this period if necessary by notifying the;parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 2.18. DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 2.19. ETHICSICONFLICTS'OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act(Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest. 2.20. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. City of Kent Page 17 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) 2.21. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, the BOARD, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or properly or death arising out of or incident to the Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies,employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, THE BOARD, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title,51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies officers, agents or employees 2.22. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or the BOARD. The Contractor will not hold itself out as or claim to be an officer or employee of the BOARD or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 2.23. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW Industrial Insurance. if the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required bylaw, The BOARD may collect from the Contractor the full amount payable to the Industrial'Insurance Accident Fund. The BOARD may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the BOARD under this Contract, and transmit the deducted'amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 2.24. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments,as now or hereafter amended, including, but not limited to: United States Laws, Regulations and Circulars (Federal) A. Audits Office of Management and Budget (OMB)Revised Circular A-133"Audits of States,Local Governments, and Non-Profit'Organizations" B. Environmental Protection and Review Coastal Barrier'Resources Act of 1982, 16-U.S.C. 3501 et seq.` HUD's implementing regulations at 24 CFR parts 50 or 58, as appropriate. Lead Based Paint Poisoning Prevention Act, 42 U S.0 4821-4846 also 24 CFR 982.401(j). National Environmental Policy Act of 1969, 42 U.S.C.4321at seq and the Implementing Regulations of 24 CFR 58 (HUD) and 40 CFR'1600-1508 (Council on Environmental'Quality) Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 USC 4851-4856. C. Flood Plains Flood Disaster Protection Act of 1973, 42 USC 4001-4128. D. Labor and Safety Standards All Rental Units Assisted with Federal Funds Must Meet the Section 8 Housing Quality Standards (HQS) and Local Housing Code Requirements for the duration of the Affordability Period. City of Kent Page 18 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) Convict Labor, 18 U.S.C. 751, 752, 4081, 4082. Davis Bacon Act, 40 U.S.C. 276a-276a-5. Drug-Free Workplace Act of 1988, 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5. Title IV of the Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4831, 24 CFR Part 35. E. Laws against Discrimination Age Discrimination Act of 1975,'Public Law 94-135 42 U.S.C. 6101 07„45 CFR Part 90 Nondiscrimination in Federally Assisted Programs, Americans with Disabilities Act of 1990, Public Law 101-336. Equal Employment Opportunity, Executive Order 11246 as amended by Executive Order 11375 and supplemented in U.S Department of Labor Regulations, 41 CFR Chapter 60. Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102. Fair Housing Act(42 U.S.C_ 3601-19) and implementing regulations at 24 CFR part 100.Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8. Fair Housing, Title Vlll of the Civil Rights Act of 1968, Public Law 90-284, 42 U.S.C. 3601-19. Handicapped Employees of Government Contractors Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793. Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, Minority Business Enterprises,Executive Order 11625, 15 U.S.C. 631 Minority Business Enterprise Development, Executive Order 12432, 48 FIR 32551. _ Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a) Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352 42 U.&C. 2002d'et sec, 24 CFR Part 1 Nondiscrimination in employment, Title Vltof the Civil Rights Act of 1964,Public Law 88-352. Nondiscrimination in Federally Assisted Programs, Nondiscrimination in Federally Assisted Construction Contracts; Executive Order 11246, 42 U.S.C. 2000e,`as amended by Executive Order 11375, 41 CFR Chapter 60 Section 3,Housing and Urban`Development Act of 1968, 12 USC 1701u(See 24 CFR 570.607(b)). F. Office of Management and Budget Circulars Cost Principles for State Local and Indian Tribal Governments,OMB Circular A-87, 2 CFR, Part 225. Cost Principles for Nonprofit Organizations, OMB Circular A-122, (if the Contractor is a nonprofit organization). Grants and Cooperative Agreements with State and Local Govemmentsr;OMB Circular A-102, (if the Contractor is a local government or federally recognized Indian tribal government). Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110. G. Other Anti-Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54. Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54, No. 2431Wednesday, December20, 1989. City of Kent Page 19 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) Hatch Political Activity Act, 5 U.S.C. 1501-8. Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti-Lobbying Amendment). 31 U.S.C. 1352 provides that Contractors who apply or bid for an award of$100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 U.S.0 1352. Each tier must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Non-Supplanting Federal Funds. Section 8 Housing Assistance Payments Program. H. Privacy Privacy Act of 1974, 5 U.S.C. 522a I. Relocation Uniform Relocation Assistance and Real Property jAcquisition Policy Act of 1970 and implementing regulations at 49 CFR part 24. Section-104(d) of the Housing and Community Development Act of 1974 and the implementing regulations at 24 CRF part 570. Washington State:Laws and Regulations A. Affirmative action, RCW41 06 020(11). B. Boards of directors or officers of non-profit corporations— Liability- Limitations, RCW 4.24.264. C. Disclosure-campaign finances lobbying, Chapter 42.17 RCW. D. Discrimination-human rights commission, Chapter 49.60 RCW. E. Ethics in public service, Chapter42.52 RCW. F. Housing assistance program, Chapter 43.185 RCW G_ Interlocal cooperation act, Chapter'39.34 RCW. H. Noise control, Chapter 70.107RCW. I. Office of minority and women's business enterprises, Chapter 39,19 RCW and Chapter 326 02 WAC, J. Open public meetings act, Chapter 42.30 RCW. K. Prevailing wages on public works Chapter 39.12 RCW L. Public records act,Chapter 42.56 RCW M. Relocation assistance real property acquisition policy, Chapter 8.26 RCW. N. Shoreline management act of 1971, Chapter 90.58 RCW. O. State budgeting, accounting,,and reporting system, Chapter 43.88 RCW. P. State building code, Chapter 19.27 RCW and Energy related building standards,Chapter 19.27A RCW, and Provisions in buildings for aged and handicapped persons Chapter 70.92 RCW Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and Environmental Assistance Program, Washington State Department of Ecology. R. State environmental,policy, Chapter 43.21 C RCW: S. State Executive Order 05-05 Archeological and Cultural Resources. 2.25. LICENSING,ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the,performance of this Contract. 2.26. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. City of Kent Page 20 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) 2.27. LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 2.28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor maybe declared ineligible for further contracts with the BOARD. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordancewith the 'Disputes' procedure set forth herein. 2.29. NOTIFICATION OF TENANT RIG HTSIRESPONSIBILITIES The Contractor shall provide all tenants, if any, with information outlining tenant rights and responsibilities under the Washington State Landlord Tenant laws, Title'59, Revised Code of Washington. The Contractor shall also provide all occupants of property acquired with U.S. Department of Housing and Urban Development(HUD)funds notice regarding their eligibility,for relocation assistance. Such notices will be provided as required by the Uniform Relocation Assistance and Real Property'Acquisition Act of 1970, as amended and referenced in 49 CFR'part 24 and Section 104(d) of the Housing;and Community Development Act of 1974 as amended and referenced in 24 CFR 570 and noted in HUD's Handbook No. 1378. Notifications will include but not be limited to; General Information Notice' Notice of Displacement/Non-Displacement 2.30. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 4217'RCW and the Federal Hatch Act,5 USC 1501 -1508. No funds may used for working for or against ballot measures or for or against the candidacy of any person for public office 2.31. PREVAILING WAGE LAWS All contractors and subcontractors performing work on a construction project funded through this agreement shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: State Prevailing Wages on Public Works,Chapter 39.12 RCW, as applicable to the Project funded by this contract including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid"as required by RCW 39.12.040, The Contractor shallmaintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for THE BOARD s review upon request; or The Davis Bacon Act, 40 U.S.C. 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates not less than those'prevailing on similar construction in the locality as determined by the Secretary of Labor. 2.32. PROCUREMENT STANDARDS FOR FEDERALLY.FUNDED PROGRAMS A Contractor which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with OMB Circulars A 102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this Contract. A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases funded by this Contract. The Contractor's procurement system should include at least the following: City of Kent Page 21 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) 1. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. 2. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. 3. Minimum procedural requirements, as follows: a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. b. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. c. Positive efforts shall be made to use small and minority-owned businesses. d. The type of procuring instrument(fixed price, cost reimbursement)shall be determined by the Contractor, but must be appropriate for the particular procurement and for promoting the best interest of theprogram involved. ` e. Contracts shall be made only with reasonable subcontractors who possess the potential ability to perform successfully under the terms and;conditions of the proposed'procurement. f. Some form of price or cost analysis should be performed in connection with every procurement action. g. Procurement records and files for purchases shall include all of the following: 1) Contractor selection or rejection 2)',' The basis for the post or price. 3) Justification for lack of competitive bids if offers are not obtained h. A,system for contract administration to ensure Contractor conformance with terms, conditions and specifications of this Contract, and to ensure adequate and timely follow-up of all purchases. 4. Contractor and Subcontractor must receive prior approval from the BOARD for using funds from this Contract to enter into asole source contract or a contractwhere'only one bid or proposal is received when value of this contract is expected to exceed-$5 000. Prior approval,requests shall include a copy of proposed contracts and any related procurement documents and'justification afor non-competitive procurement, if applicable. 2.33. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 2.34. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the BOARD s name is mentioned, or language used from which the connection with the state of Washington's or the BOARD's name may reasonably be inferred or implied, without the prior written consent of the BOARD. 2.35. RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, The BOARD reserves the right to recapture funds in an amount to compensate the BOARD for the noncompliance in addition to any other remedies available at law or in equity. City of Kent Page 22 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the BOARD. In the alternative, The BOARD may recapture such funds from payments due under this contract. 2.36. RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6)year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.37. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 2.38. RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review,and audit by the BOARD, the Office of the State Auditor, and federal and state officials so authorized bylaw, in order to monitor and evaluate performance, compliance, and quality assurance under#his Contract. The Contractor shall provide access to its facilities for this purpose 2.39. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in anyway after the effective date of this Contract and prior to normal completion, The BOARD may terminate the Contract under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination the Contract may be amended to reflect the new funding limitations and conditions. 2.40. SEVERABILITY If any provision of this Contract or any provision of any document`incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contact are declared to be severable. 2.41. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the BOARD. If THE BOARD approves subcontracting,the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to:subcontracts. For cause, the BOARD in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from'subcontracting with a'particular person or entity, or(c) require the Contractor to rescind or amend a subcontract Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the BOARD if the Subcontractor fads to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activitiesof the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the BOARD for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that the BOARD and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. City of Kent Page 23 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NIT Loan Contract(Municipal) 2.42. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.43. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. . . .... . . ... ..... 2.44. TERMINATION FOR CAUSE]-SUSPENSION In event the BOARD determines that the Contractor failed to comply with any term or condition of this Contract, the BOARD may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall be deemed "for cause."Termination shall take effect on the date specified in the notice. In the alternative the BOARD upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective action time period, the BOARD may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow the BOARD to terminate the Contract upon written notice to the Contractor. "Termination for Cause"shall be deemed a"Termination for Convenience" when the BOARD determines that the Contractor did not fail to comply with the terms of the Contract or when the BOARD determines the failure was not caused by the Contractor's actions or negligence If the Contract is terminated for cause,the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract(i.e., competitive bidding, mailing, advertising, and staff time). 2.45. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, the BOARD may, by,ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, the BOARD shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination'. ; 2.46. TERMINATION PROCEDURES` After receipt of a notice of termination, except as otherwise directed by the BOARD,the Contractor shall: A. Stop work underthe Contract on the date, and to the extent specified, in the notice;' B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract; C. Assign to the BOARD all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the BOARD has the right,at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the BOARD; and D. Preserve and transfer any materials, contract deliverables and/or the BOARD property in the Contractor's possession as directed by the BOARD Upon termination of the Contract, the BOARD shall,pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The BOARD may withhold any amount due as the BOARD reasonably determines is necessary to protect the BOARD against potential loss or liability resulting from the termination. The BOARD shall pay any withheld amount to the Contractor if the BOARD later determines that loss or liability will not occur. The rights and remedies of the BOARD under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. City of Kent Page 24 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) 2.47. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of THE BOARD. 2.48. WORK HOURS AND SAFETY STANDARDS The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)-Where applicable, all contracts awarded by recipients in excess of$100,000 for construction and other purposes that involve the employment of mechanics or laborers must include a provision for compliance with Section 102 and 107 of the Contract Work Hours Safety Standards Act(40 U.S:C 327-333), as supplemented by Department of Labor regulations (29 CFR part 5) -Under Section 102 of the Act„each subcontractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 Y2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic is required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.'These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. City of Kent Page 25 Contract Terms and Conditions DM11-952-019 12/15/2011 DWSRF NT Loan Contract (Municipal) ATTACHMENT I: SCOPE OF WORK DRINKING WATER STATE REVOLVING FUND NEW TRADITIONAL (MUNICIPAL) City of Kent DM11-953-019 Project Title: Green River Water Treatment Plant Filtration Facil A.'PROJECT'S SCOPE OF WORK The project involves the construction of a water filtration plant capable of meeting the federal Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) requirements of 99% cryptosporidium removal from the Green River water supply. The elements of the project include: Engineering design for a plant capacity of approximately 150 mgd, Cultural, Historic, Environmental, and Public review, Permitting approvals Construction bid document preparation, Award of construction contracts, Construction of sedimentation/filtration basins, clearwells, chemical and pumping facilities, necessary water mains and equipment to integrate the new filtration plant with the existing water system, facilities to process backwash water and residuals, stormwater systems,and general site improvements including grading, access, and security; Startup and testing of new facilities. City of Kent Page 26 Attachment I: Scope of Work DM11-952-019 12/15/2011 DWSRF NT Loan Contract (Municipal) B. ESTIMATED PROJECT COSTS i 1 a9i hy.3 ii Engineering Report $1 300,000.00 Cultural andstor[caE,Resouraes RevieNr $25,00000 Environmental Review i $150,000.00 k!al d, Right-of-Way Acquisition $0 00 Permits $2,000,000.00 Pub tic Tnvolvameht/Jnformation f $1 QIO 00000 Bid Documents $9,000,000.00 Cohstructton i $134,000,006:0 Other Fees (Sales or Use Taxes) $15,000,000.00 Contingency: 15.0 ,° - $4500,000;00 _...::. . Other. DOH DOH Review/Approval Fees' $0.00 _ �.Other Conteact Admin1Legal $7,625,000.00 Other: Start-up -- - -- — $900 000.00 Other. CM Services" � - $6,400 000 00 TOTAL ESTIMATED PROJECT COSTS $200,000,000.00 (before Loan Fee) Ili t i II I" I ii put. �ri ��� gb h IFee,I f 1:°f« Llye D S #�,I oan Ii 1� i I i $20 00 ZQ,' �i�illiE�71 City of Kent Page 27 Attachment I: Scope of Work DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) C. ANTICIPATED PROJECT FUNDING � 1�G2�I''jtittf�n�r2 n {I� I'i v�.OttCCLs� , CPtptlOfl;.S (I t iji �,� �, 3 n 1 j � I �. �j fJUrT�. -t�' �� jt't rt r� 4u il;�; —, r, .•'rt'ij;fi i�Kf'+'`� 9u i; ��;..�-���....; � �� ,ii � tt � ; i t t; Grant#1 $0.00 Grant#2 $0.00 Grant#3 $0 00 Grant#4 { — $0.00 Total Grants Jigl $0.00 1 - re This Loan Request Public Works Board(DWSRF $2,020,000.00 with 1 /o-Loan Fee) Other Loan #1 2012 PWTF $8,000,000 00 Other Loan #2 $0.00 Other Loan #3 �! $0.00 ------- . _ Other Loan#4 $0.00 Total Loans i 'f`�` "� I, � , $10,020,000 00 Lfl65l@1/P� l{ ,41i;1;�d, , �: ;tt ga- i.,. Source#1 1 Kent2010 Bonds µ �$10,570,000.00 r SS Partners (Tacoma, Source#2Lakehaven, Covington) i $178,000,000.00 ; Source #3 Kent Bonds/ Internal Funds $1,430,000.00 Source #4 -- _._ _- $0 00 Source#5 $0.00 Total Local Revenue $190,o00,000 00 Source#1 _ — $0 00 Source #2 $0 00 ii ritj lll� � ii{ �r - 'tr ;r; ;�vii�L�;l �f -•_.-.-. Total OtherFundS t , pl, tfltul;i i(i I� --- �.'r;Iq`I ; � a. Imo( �` $0.00 TOTAL PROJECTil '� I�� rit�;j�r� _ ;i� iuls''�'' { tj FUNDING �tlr�I'�II'((ja'` `III h �'t _ $200,020,000.00 I City of Kent Page 28 Attachment I: Scope of Work DM11-952-019 12/15/2011 DWSRF NT Loan Contract(Municipal) KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: February 7, 2012 SUBJECT: Seattle-King County Local Hazardous Waste Management Grant — Accept MOTION: Authorize the Mayor to sign the Local Hazardous Waste Management Program Grant in the amount of $31,121.55 for 2012, amend the budget, and authorize expenditure of the funds in accordance with the grant terms, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Seattle/King County Health Department's Local Hazardous Waste Management Program Grant is an annual grant to help cities protect public health and the environment from toxics and hazardous products and wastes. The grant covers collection of hazardous waste at three special recycling collection events for residents and one for local businesses, as described in the attached Grant Agreement Scope of Work. Hazardous items collected at the events include: Refrigerators and freezers, used oil, antifreeze and other petroleum products, as well as batteries. In addition, the grant pays for staffing and printing and mailing cost. EXHIBITS: King County Contract for Services — Local Hazardous Waste Management Program Grant RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City will receive $31,121.55. No match is required. Grant funds will be deposited into the City's Solid Waste Utility Fund. The Local Hazardous Waste Management Program grant fully funds the collection of hazardous waste collected at the four events the City hosts. Public Health Seattle & King County LQ1 King County Contract No. EHS2326 Federal Taxpayer ID No. 91-1355875 This form is available in alternate formats for people with disabilities upon request. KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION — 2012 Department Seattle-King County Dept. of Public Health (a.k.a. Public Health — Seattle & King Division County)/EHS Contractor City of Kent Project Title Local Hazardous Waste Management Program Contract Amount Thirty One Thousand One Hundred Twenty One Dollars and Fifty Five Cents Contract Period Start date: 01/01/2012 End date: 12/31/2012 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Kent (the "Contractor"), whose address is 220 4th Ave. S, Kent, WA 98032-5895. WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY HW- Incorporated Cities $31,121.55 1/1/2012 - 12/31/2012 TOTAL $31,121.55 1/1/2012 - 12/31/2012 and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2012 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: A Program Exhibits and Requirements Exhibit A: Scope of Work Exhibit B: Budget Exhibit C: Invoice B King County Required Forms Exhibit D: Certificate of Insurance and Additional Insured Endorsement II Term and Termination A This Contract shall commence on 01/01/2012, and shall terminate on 12/31/2012, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. Contract# EHS2326 Page # 1 of 9 B This Contract may be terminated by the either party without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the termination. C The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. E Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III Compensation and Method of Payment A The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: Upon receipt and approval of a signed invoice as set forth in Exhibit C that complies with the budget in Exhibit B. B The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount in any Contract Contract# EHS2326 Page # 2 of 9 budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1 The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2 Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. 3 Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Contractor shall always request government rates. 4 Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. IV Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. V Debarment and Suspension Certification Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are excluded from contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. For more information on suspension and debarment, see Federal Acquisition Regulation 9.4. VI Maintenance of Records/Evaluations and Inspections A The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following: 1 Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2 Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any mutually agreeable time, the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits. In all other respects, the Contractor shall make the foregoing Contract# EHS2326 Page # 3 of 9 records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C Except as provided in Section VI of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII Compliance with the Health Insurance Portability Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://www.ki ngco u nty.gov/hea lthse rvices/hea lth/partnerships/contracts VIII Audits A If the Contractor or subcontractor is a municipal entity or other government institution or jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total of$500,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, then the Contractor or subcontractor shall meet the respective A-133 requirements described in subsections VIII.B. and VIII.C. B If the Contractor is a non-profit organization, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's fiscal year. The Contractor shall provide to the County its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a "Management Letter" or other correspondence made by the auditor, the Contractor shall provide copies of those communications and the Contractor's response and corrective action plan. Submittal of these documents shall constitute compliance with subsection VIII.A. C If the Contractor is a municipal entity or other government institution or jurisdiction, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VIII.A. D If the Contractor, for-profit or non-profit, receives in excess of$100,000 in funds during its fiscal year from the County, it shall provide a fiscal year financial statement prepared by an independent Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the Contractor's fiscal year. Contract# EHS2326 Page # 4 of 9 E Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements. IX Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section II.C.; D In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E. X Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. XI Hold Harmless and Indemnification A In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, Contract# EHS2326 Page # 5 of 9 and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arise out of, or in any way result from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. XII Insurance Requirements By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Specific coverages and requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and certify compliance. XIII Assignment/Subcontracting A The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. Contract# EHS2326 Page # 6 of 9 C The Contractor shall include Sections III.D., IV, V, VI, VII, VIII, XI, XII, XIV, XV, XXI, and XXV, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV Nondiscrimination and Equal Employment Opportunity The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and certify compliance. XV Conflict of Interest A The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C The Contractor acknowledges that for one year after leaving County employment, a former county employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a county action in which the former county employee participated during county employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVI Equipment Purchase. Maintenance, and Ownership A The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of$5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or Contract# EHS2326 Page # 7 of 9 federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. XVII Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XVIII Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIX King County Recycled Product Procurement Policy In accordance with King County Code 10.16, the Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. In addition, the Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. XX Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXI Entire Contract/Waiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXII Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the Contract# EHS2326 Page # 8 of 9 County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIV Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV Applicable Law This contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. XXVI No Third Party Beneficiaries Except for the parties to whom this contract is assigned in compliance with the terms of this contract, there are no third party beneficiaries to this contract, and this contract shall not impart any rights enforceable by any person or entity that is not a party hereto. IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY City of Kent FOR King County Executive Signature Date NAME (Please type or print) Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY PHSKC Contract# - Local Hazardous Waste Management Program Contract# EHS2326 Page # 9 of 9 EXHIBIT A CITY OF KENT 2012 SCOPE OF WORK The Local Hazardous Waste Management Plan (hereafter referred to as the "Plan") as updated in 1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). The purpose of this Exhibit is to define the terms and conditions associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Kent will organize three citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil, motor oil filters, petroleum based products, antifreeze, batteries, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The responsibilities of the parties to this Contract shall be as follows: A. The Citv 1. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Fund Manager: a) An invoice (see Exhibit C). Invoices should be sent to the Fund Manager for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names, a description of services provided, date paid and a check or warrant number. EHS2326—City of Kent Page 1 of 3 3. The City shall notify the Fund Manager no later than December 15a' regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 Fourth Ave. S, Kent, at(253) 856-5549, (ghungerford(okentwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator or Fund Manager should be referred to the LHWMP Program Administrator for resolution. B. Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10) working days of receiving a request for reimbursement from the City, the Fund Manager shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made,this shall be done by written notification to the City providing the reason for such exception. The Fund Manager will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Fund Manager retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. C. Program Contacts Jay Watson Madelaine Yun EHS2326—City of Kent Page 2 of 3 LHWMP Program Administrator LHWMP Fund Manager 150 Nickerson Street, Suite 100 150 Nickerson Street, Suite 100 Seattle WA 98109 Seattle WA 98109 206-352-8163 206-352-7128 j ay.watsonAkingcounty.gov madelaine.yunAkingcounty.gov Paul Shallow LHWMP Contract Administrator Seattle, WA 98104 206-263-8487 Paul.shallowAkingcounty.gov EHS2326—City of Kent Page 3 of 3 EXHIBIT B 2012 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM The City of Kent 220 Fourth Ave. S Kent, WA 98032 Component Description Budget Household Hazardous Waste Education Household Hazardous Waste Collection $31,121.55 TOTAL $31,121.55 EHS2326—City of Kent EXHIBIT C 2012 INVOICE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: The City of Kent 220 Fourth Ave. S Kent, WA 98032 To: Madelaine Yun, LHWMP Fund Manager Local Hazardous Waste Management Program in King County Seattle-King County Department of Public Health 150 Nickerson St., Suite 100 Seattle, WA 98109 Contract#EHS2326 Period of time: 2012 to __' 2012. In performance of a signed Contract between King County and the City of Kent, I hereby certify that the following expenses were incurred during the above-mentioned period of time. Signature Date Component Budget Current Expenses Previous Charges Balance Description Household Hazardous Waste Education Household Hazardous $31,121.55 Waste Collection TOTAL $31,121.55 For Health Department Use Only Local Hazardous Waste Management Program Approval: Madelaine Yun Date EHS2326—City of Kent KENT Agenda Item: Consent Calendar — 7K TO: City Council DATE: February 7, 2012 SUBJECT: King County Waste Reduction & Recycling Grant — Accept MOTION: Authorize the Mayor to sign the Waste Reduction and Recycling Grant in the amount of $178,020 for 2012 and 2013, amend the budget, and authorize expenditure of the funds in accordance with the grant terms, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The King County Waste Reduction Recycling (WRR) grant is used to fund six special recycling and collection events for residents and businesses for the collection of hard-to-recycle materials, including appliances, electronic equipment, mattresses, Styrofoam, bulky yard debris, concrete, and tires. The grant also funds activities and events associated with the Business Recycling Program, the Multi-Family Recycling Program, the purchase, distribution and promotion of products made from recycled materials, including compost bins and rain barrels, as well as the Christmas tree collection and recycling program co-sponsored by Parks and the Boy Scouts. EXHIBITS: Interagency Agreement for 2012-2013 Contract #529831 RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City will receive $89,010 in 2012 and $89,010 in 2013. No match is required. Grant funds will be deposited into the City's Solid Waste Utility fund. CONTRACT # 529831 INTERAGENCY AGREEMENT FOR 2012-2013 Between KING COUNTY and the CITY OF KENT This two-year Interagency Agreement"Agreement" is executed between King County, a Charter County and political subdivision of the State of Washington, and the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the County and City will be referred to as "Party" or"Parties." PREAMBLE King County and the City of Kent adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals,the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B. Grant funding for this program is subject to the yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Kent by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. t II. RESPONSIBILITIES OF THE PARTIES i The responsibilities of the Parties to this Agreement shall be as follows: A. The City I. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A. The total amount of funds available from this grant in 2012 shall not exceed $89,010. The City understands that even though this Agreement is two years in duration, funding for this program is subject to the yearly budget approval process of the King County Council. 2. This Agreement provides for distribution of 2012. and 2013 grant funds to the City. However, 2013 funds are not available until January 1, 2013, and 2013 funding is contingent upon King County Council approval of the 2013 King County budget. The County shall notify the City in writing of the funding status. 3. During the two-year grant program,the City will submit a minimum of two, but no more than I eight,progress reports to the County in a form approved by the County. Reports must be signed by a City official. These reports will include: a. a description of each activity accomplished pertaining to the scope of work; and b. reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement, prepared by the City's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of eight (8)progress reports and requests for reimbursement during the two year grant program, they shall be due to the County on the last day of the month following the end.of each quarter- April 30, July 30, October 31, January 31 - except for the final progress report and request for reimbursement which shall be due by March 31, 2014. If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County on January 31, 2013 and March 31, 2014. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 51h working day of January 2013 and January 2014, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s)outlined in the scope of work, but no later than June 30, 2014. 2 5. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County,the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 6. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting process. 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 8. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 9. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 10. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County and/or by federal or state officials as so authorized by law. 11. The City shall maintain a record of the use of any equipment that costs more than$1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2016. 3 12. The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies,etc.), or, at a minimum,the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division"and/or"text provided courtesy of King County Solid Waste Division." 13. The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced,provided that the County credits the City for the piece. 14. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty(30) days prior to the event. If the event brochure is required for admission to the City's event, the City is exempt from having to provide the brochure to King County. 15. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County,the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 16. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County Council's yearly budget approval process and that provision of funds for these events is not guaranteed for the second year of the grant program. 17. This project shall be administered by Gina Hungerford, Conservation Specialist; 220 4th Ave. South; Kent, WA 98032-5895; TEL - (253) 856-5549; FAX—(253) 856-6500; Email — ghunp,erfordna,ci.kem.wa.us, or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council's yearly budget approval process. Provided that the funds are allocated through the King County Council's yearly budget approval process, grant funding to the City will include a base allocation of$5,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than$10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year. 4 2. The City of Kent`s budgeted grant funds for 2012 are $89,010. Unspent 2012 funds may be carried over to 2013, but 2013 funds will not carry over to 2014. 3. The City of Kent`s estimated grant funds for 2013 are $89,010. 2013 funds are not available until January 1, 2013, and 2013 funding is contingent upon King County Council approval of the 2013 King County budget. Following approval of the 2013 King County budget, the County's grant program administrator will notify the City of the final 2013 grant funding in writing. 4. Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 5. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Kent" and/or"text provided courtesy of the City of Kent." 6. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 7. The waste reduction and recycling grant program shall be administered by Morgan John, Project Manager of the King County Solid Waste Division. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2012 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2012 and shall terminate on June 30, 2014. The City shall not incur any new charges after December 31, 2013. However, if execution by either Party does not occur until after January 1, 2012, this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2012 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section II. A of the Agreement. 5 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2)the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other Party. V. AMENDMENTS This Agreement maybe amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims,demands, suits, penalties, losses, damages, or costs of any kind whatsoever(hereinafter 'claims") brought against the County arising out of or incident to the City's execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape,or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. 6 VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be$1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C. VHI. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto,and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IX. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 7 XI. NOTICE i Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Morgan John, Project Manager, or a provided designee, King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104-3855 If to the City: Ms. Gina Hungerford, Conservation Specialist City of Kent 220 4th Ave. South Kent, WA 98032-5895 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: C.� King County BY (Title) Kevin Kiernan,Director Solid Waste Division For Dow Constantine, King County Executive Date Date 8 Exhibit A King County Waste Reduction and Recycling Grant Program City of Kent 2012/13 Scope of Work A. Basic Information 1. City of Kent 2. Grant project manager: Ms. Gina Hungerford Conservation Specialist City of Kent 220 4th Ave. South Kent, WA 98032-5895 TEL - (253) 856-5549 FAX - (253) 856-6500 Email —gungerford@kentwa.gov 3. Consultant name: Paul Devine Olympic Environmental Resources 4715 SW Walker Street Seattle, WA 98116 TEL - (206) 938-8262 FAX - (206) 938-9873 Email—pauldevine@msn.com 4. Budget: 2012 $89,010.00 2013 $89,010.00 2012/2013 total: $178,020.00 B. Scope of Work Task One: Recycling Collection Events A. Schedule—Events will be held in March, June, and October, 2012/13 B. Task Activities • Total Number of Recycling Collection Event— Six • Appliances • Refrigerators and Freezers 1 • Ferrous Metals • Non-ferrous Metals • Concrete, Asphalt, Rock, and Brick** • Tires • Mattresses • Styrofoam • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Used Motor Oil • Used Motor Oil Filters • Used Antifreeze • Used Petroleum Based Products • Paper Shredding** • Electronic Equipment • Bulky Yard Debris* • Scrap Wood* *Collected in the spring (March and June) ** Collected in the fall (October) +User fees apply—the City will not charge user fees at the Spring 2012 event to assess the affordability of not charging at all future events. • The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • Event promotional methods • This event will be coordinated with King County and flyers will be sent to King County Solid Waste Division, and Kent households. • By distributing a promotional flyer through direct mailings. • By notices in City newsletters(whenever possible). • By posting a bulletin at City Hall and on the City cable channel (if available), K-Hold, and Facebook. • By publicizing the event through the King County Solid Waste Division Promotional Activities. C) Task evaluation. Event reports will include: • Number of vehicles attending • Volume of each material collected • Event cost by budget category 2 • Event comments • Graphic or tabular comparison of 2012/13 volumes and vehicles with prior year's events D) Task Budget: $52,000.00 Budget Category 2011112 2012 2012 2012 2013 TOTAL WRR LHWMP CPG WRR WRR City Staff Costs $0.00 $1,000.00 $3,000.00 $0.00 $0.00 $4,000.00 Contractor/Staffing Costs $4,000.00 $7,921.55 $13,000.00 $2,000.00 $2,000.00 $24,921.55 Event Staff Costs $2,000.00 $0.00 $9,500.00 $1,000.00 $12000,00 $11,500.00 Collection/Hauling Costs Wood Waste $4,000.00 $0.00 $1,600.00 $2,000.00 $2,000.00 $5,600.00 Scrap Metal,Appliances,etc. $13,000.00 $0.00 $5,094.60 $6,600.00 $6,500.00 $182094.60 Toilet/Sink Collection $3,000.00 $0.00 $500.00 $12500.00 $1,500.00 $3,500,00 CFC Collection $0.00 $7,200.00 $7,000,00 $0.00 $0.00 $14,200.00 Propane Tank Collection $3,000.00 $0.00 $600.00 $1,500.00 $1,500.00 $3,600.00 Concrete $2,700.00 $0.00 $1,600.00 $1,350.00 $1,360.00 $42300.00 Paper Shredding $500.00 $0.00 $260.00 $250.00 $250.00 $750.00 Tires $9,000.00 $0.00 $0.00 $4,500.00 $4,500.00 $9,000.00 Mattreses $4,000.00 $0.00 $600.00 $2,000.00 $2,000.00 $4,600.00 Styrofoam $800.00 $0.00 $400.00 $400.00 $400.00 $1,200.00 Used Oil/Antifreeze/etc. $0.00 $3,000.00 $0.00 $0.00 $0.00 1 $3,000.00 Batteries $0.00 $2,400.00 $0.00 $0.00 a$26,000.00 ,400.00 Printing/Mailing $0.00 $7,500.00 $222500.00 $0.00 0,000.00 Event Supplies $3,000.00 $700.00 $0,00 -$1,500.00 ,700.00 Other Expenses-rentals,etc $3,000.00 $1,400.00 $0.00 $1,600.00 ,400.00 TOTALS $52,000.00 $31,121.55 $65,644.60 $26,000.00 8.766.15 NOTE: Hourly rates for consultants are as follows: Project Manager-$70.00 and Event Staff-$55.00. E) Task Performance Objectives: The City plans to send out approximately 45,000 promotional flyers to Kent households per event and publicize the events through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 180-200 tons of material from the local waste stream per year. The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. The event will also provide an opportunity to recycle moderate risk waste. The King County Health Department and Washington State Department of Ecology may pay for event expenses as well. P) Task Impact Objectives: By hosting Recycling Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has a population of approximately 118,000. The City expects, based on past events, that 2,800-3,500 households will actively participate each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 180-200 tons of material diverted from the local waste stream for recycling each year. 3 In addition to diverting materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City and King County j recycling programs. The educational materials can enhance the knowledge of residents and improve behavior in purchase, handling, and disposal of recyclable materials. Task Two: Business Recycling Program A) Task Schedule: 2012/13 B) Task Activities: Through continued recycling assistance to businesses, the City will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the commercial sector. The City will also work with the Kent School District to promote school recycling programs. Program Activities: 1) Kent Business Information Prepare, print, and coordinate distribution of a Kent Business Recycling Newsletter to all Kent businesses. The newsletter will be sent to Kent businesses three times a year. 2) Kent Business Collection Events • Total Number of Business Recycling Events—Two • Task Description - The City will implement two Business Recycling Events. The events will be held on a summer weekday at a central location in Kent. • Materials to be collected: • Clean Scrap Wood/Pallets • Electronic/Computer Equipment • Computer Monitors++ • TV Sets++ • Refrigerators and Freezers+ • Office Recyclables/Cardboard • Toner Cartridges • Cellular phones • Plastics • Other materials if feasible +User fees apply ++City may not collect and refer businesses to E-Cycle sites • The following educational materials will be distributed: • Information on City Recycling Programs. 4 • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • Event promotional methods: • By distributing a promotional flyer through direct mailings. • By notices in City/community newsletters/and local newspapers (whenever possible). • By posting a notice at City Hall and on the City cable channel (if available). • By publicizing the event through the King County Solid Waste Division Promotional Activities. • Task evaluation. Event reports will include: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Graphic or tabular comparison of 2012/13 volumes and vehicles with prior year's events 3) Kent Business Assistance To provide business recycling assistance to City businesses, the City will customize the King County Tool Kit with City information and send a City Tool Kit to all new Kent businesses each year with intro letter and offer of on-site visit. In the Tool Kit, the City hopes to work with the City recycler to include a coupon for free desk-side recycling containers from the hauler. In addition, the City will provide assistance to City businesses on an on-call basis. City hopes to work with the City recycler to include a coupon for free desk-side recycling containers from the hauler. 4) Kent Business Recognition To provide Kent businesses with motivation to recycle, the City will implement the Kent Green Business of the Year Award. The City will work with the Kent Chamber of Commerce and past program information to seek out businesses that have put in place outstanding recycling programs and award up to three City businesses with awards. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. 5 j C) Task Budget: $57,600.00 Business Budget Category 2012 2013 2012113 Cost Cost Total Promotional inserts/flyers Production and Graphics $2,000.00 $2,000.00 $4,000.00 Printing costs $1,600.00 $1,600.00 $3,200.00 Sorting/Mailing costs $1,600.00 $1,600.00 $3,200.00 Business Collection Event Consultant staff $1,500.00 $1,500.00 $3,000.00 Project Vendors $1,400.00 $1,400.00 $2,8.00.00 Event Promotion $600.00 $600.00 $1,200.00 Other Costs $150.00 $150.00 $300.00 Business Assistance To include: Educational material distribution $10,000.00 $10,000.00 $20,000.00 Business consultations reports $1,500.00 $1,500.00 $3,000.00 Follow-up calls to businesses $2,600.00 $2,600.00 $5,200.00 Program Promotion $500.00 $500.00 $1,000.00 Business Recognition Program Planning/lmplemention $1,500.00 $1,500.00 $3,000.00 Program Promotion $1,000.00 $1,000.00 $2,000.00 Other Costs $350.00 $350.00 $700.00 Business Web Site Web Site Assistance 2,500.00 $2,500.00 $5,000.00 TOTALS $28,800.00 $28,800.00 $67,600.00 The business program will be funded primarily with use of King County WRR grant funds but the Business Recycling Collection Event will be funded with King County WRR grant funds and WA State DOE CPG funds. Hourly rates for consultants are as follows: Project Managers-$75.00 and$70.00 and Event Staff-$55.00. D) Task Performance Objectives: 1) The Kent Business Recycling Newsletter will be sent to all Kent businesses three times a year. With regular information on recycling, City businesses will be able to take advantage of mew recycling services and divert more materials from the Kent waste stream. 2) The City plans to send out approximately 3,600 promotional flyers to Kent businesses per event and publicize the event through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 30-35 tons of material from the Kent businesses waste stream over a two-year period. The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. 3) Kent Business Assistance will provide new and existing City businesses with information and technical assistance on recycling and waste prevention. Consultant staff will include the information as requested in the King County business database. Summary program evaluation will include: the number of contacts made to businesses and their response rates to the offer of recycling technical assistance; the number of businesses 6 receiving information; and the number of businesses beginning or expanding recycling activities. 4) Kent Green Business of the Year Award will provide Kent businesses with motivation to recycle by recognizing a Kent business(s) that have put in place outstanding recycling programs. The purpose of the awards program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. E) Task Impact Objectives: By providing information, web site assistance, technical assistance, and hosting Business Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has an employee population of approximately 60,300. The City expects that 115-135 businesses will actively participate in the Business Collection Event each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 30-35 tons of material from the Kent businesses waste stream over a two-year period. In addition to diverting materials from the City waste stream, providing information to Kent business at events provides an opportunity to distribute educational material on City and King County recycling programs. The technical assistance, web site assistance, recognition, educational materials can enhance the knowledge of business and improve behavior in the purchase, handling, set-up, and disposal of recyclable materials. Task Three: Kent Multifamily Recycling Program A) Task Schedule: 2012/13 B) Task Activities: The task will include promoting waste reduction; participation in Kent multifamily residential collection programs for recyclables, distributing multifamily signs and bags, and promoting the purchase of recycled products by working with multifamily residents and property owners/managers. The City will: ® Distribute multifamily educational brochures through direct mailings, City events, and door-to-door delivery. ® Distribute multifamily signs for use at multifamily complexes for proper recycling of materials. • Providing on-site waste consultations and follow-up assistance. • Distribute multifamily educational brochures in Spanish and Russian (if available) through direct mailings, Recycling City events, and door-to-door delivery. 7 C) Task Budget: $16,000.00 Multifamily Budget Category 2012 2013 2012f13 Total Provide Assistance and Follow-up 7,000.00 7,000.00 14,000.00 Web Site Assistance 500.00 500.00 1,000.00 Program Promotion 500.00 500.00 1,000.00 TOTAL - 8,000.00 8,000.00 $16,000.00 The business program will be funded with use of Ring County WRR grant funds. Hourly rates for consultants are as follows: Project Managers - $75.00 and $70.00 and Event Staff-$55.00. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent by collection of more recyclable material in the City's multifamily sector. The City will continue to promote recycling in the Kent multifamily community by distributing educational brochures, signs, and recycling totes to multifamily managers and tenants. As City residents better manage their waste and recycle more, less recyclable material will end up in local landfills. This program will help the City of Kent reach its recycling goals. Kent multifamily web site enhancements and service will provide Kent multifamily owners and managers with tools to recycle by making the information easy to access and convenient to use. The program will also help reduce paper, as more recycling information will be in an electronic format. E) Task Impact Objectives: With program promotion and technical assistance and web site assistance, Kent multifamily residents will have better knowledge of recycling. Recycling service to Kent multifamily properties is provided with garbage service and assistance will be provided on how to better use the service. By recycling more, City multifamily properties can reduce the amount of material ending up in the local landfill. Task Four: Compost Bin Distribution A) Task Schedule: Spring, 2012/13 B) Task Activities: • Total Number of Compost Bin Sales - 2-4. The City may distribute bins at the second spring event if stock remains. • Task Description - The City will implement two backyard compost bin distribution events in conjunction with the Kent Recycling Collection Events. The City will: • Distribute subsidized backyard compost bins and educational materials on grasscycling and backyard composting to Kent. Residents will be charged a user fee for bins of$25.00. • Promote the program through the City of Kent website and event flyers. 8 • Purchase and distribute approximately 200 backyard compost bins. The City has approximately 200 compost bins in storage for distribution in 2012. • Purchase and distribute up to 200 educational booklets on backyard composting. C) Task Budget: $12,300.00 ESTIMATED COSTS 2012 2013 0011113 Total Staff Cost $8o0.00 $800.00 $1,600.00 Administration and Supplies $500.00 $500.00 $1,000.00 Storage and Delivery $600.00 $600. 00 $1,200.00 Consultant and Contractor Services $5,000.00 $5,000.00 $10,000.00 Compost Bins $0.00 $8,500.00 $8,500.00 Estimated Bin Income-bins @$25 each -$5,000.00 $5,000.00 -$10,000.00 Total $1,900.00 1 $10,400.00 r $12,300.00 Hourly rates for consultants are as follows: Project Manager-$70.00 and Event Staff-$55.00. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. Backyard composting extends the life of landfills and reduces stress on local composting facilities. This program should result in greater resource efficiency, as it will encourage City residents to manage their yard debris on their own properties and to reuse the composted materials in their gardens. E)'Task Impact Objectives: As a result of the Compost Bin Sale, the City of Kent will: • Reduce the residential waste stream by up an estimated 100 tons of yard debris annually or 1,000 tons in the next ten years. • The City will monitor the program by reporting the following: -Number of backyard compost bins distributed. -The estimated amount of yard debris diverted. In addition to diverting compostable materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City recycling programs and yard debris reduction programs in King County. The educational materials can enhance the knowledge of residents and improve behavior in purchasing products, practices, and disposal of yard debris. Task Five: Purchase Products Made From Recycled Materials A) Task Schedule: 2012/13 B) Task Activities: In order to support the recycling industry and close the recycling loop, the City would like to purchase products made from recycled materials. Doing so will support recycling collection programs and help ensure the success of the recycling industry. The City will 9 support recycling programs by purchasing recycle content rain barrels and other items for distribution. The rain barrels weight approximately 40-50 pounds each and divert roughly twice that amount of plastic material from the waste stream when produced. The City will sell the rain barrels at City Recycling Collection Events in 2012 and 2013. It is expected that the City will purchase and distribute 400 recycled content rain barrels over the two- year period.The City will sell the bins for $35 each. C) Task Budget: $17,820.00 Recycled Product Purchase 2012 2013 2012/13 Total City Staff - $500.00 $600.00 $1,000.00 Consultant and Contractor Services $3,200.00 $3,200.00 $6,400.00 Rain Barrels $11,600.00 $11,600.00 $23,200.00 Administration and Supplies $110.00 $110.00 $220.00 Estimated Bin Income-200 bins @$35 each -$6,500.00 .$6,500.00 -$13,000.00 '.. TOTAL $8,910.00 $8,910.00 $17,820.00 D) Task Performance and Impact Objectives: The goal of this program is to help ensure the success of the recycling industry by adding to the demand for products made from recycled materials. By purchasing products made from recycled content, the City will divert recyclable material from the waste stream. The City will distribute the rain barrels to City residents to help promote recycled products. The City will promote the rain barrel sale the City Recycling Collection Event flyer. The additional benefits of the rain barrels are that they will help reduce household water consumption and reuse natural rainwater. It is expected that after installation the rain barrels will continue to conserve water resources for many years. Task Six: Christmas Tree Collection and Recycling A)Task Schedule: Winter,2012/13 B) Task Activities: • Task Description - The City will provide collection of Christmas trees in the City for residents just after the Christmas holiday. The City plans to provide City residents with four to six tree collection days. The City will: • Provide collection of Christmas trees from Kent residents. • Promote the program through City of Kent newsletters, flyer to all residents and local papers. Recycle collected trees C) Task Budget: $16,000.00 10 ESTIMATED COSTS 2012 2013 2012/13 Total Supplies/equipment $6,500.00 $6,500.00 $13,000.00 Project Staffing $1,500.00 $1,500.00 $3,000.00 Total $8,000.00 $8,000.00 $16,000.00 D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. By providing Christmas tree collection and recycling, the City can divert this material from the waste stream. This activity will extend the life of the local landfill. This program should result in greater resource efficiency, as it will encourage City residents to recycle their Christmas trees rather than disposing of them in their garbage or at the local transfer station. E) Task Impact Objectives: As a result of the Christmas Tree Collection and Recycling Program, the City of Kent will reduce the residential waste stream. The City will monitor the program by reporting the following: -Number of Christmas trees collected. -The estimated amount of material diverted from the waste stream. Task Seven: Grant Administration The City will work with OER to administrate this Scope of Work. OER will • Track project expenses; • Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work; • Prepare reports for the grant program; and • Prepare final report. Task Budget: $6,300.00 King County WRR Grant 2012 2013 2012/13 Total 1. Program Management $2,100.00 $2,100.00 $4,200.00 2. Project Expenses a. Mileage $350.00 $350.00 $700.00 b.Supplies $700.00 $700.00 $1,400.00 TOTAL $3,150.00 $3,150.00 $6,300.00 II Exhibit B Grant Guidelines Program Eligibility: Grant funds may be used for any of the programs previously funded by the City Optional and Waste Reduction Recycling Programs, including residential and commercial waste reduction and recycling education programs, business assistance programs, and special recycling events. Cities may also use their funds on broader resource conservation programs, as long as they are part of an overall waste reduction/recycling program. Cities may choose to use their funding on one program or a combination of programs. For WR/R program ideas, please refer to the Program Eligibility section below. Please note these lists are not exhaustive, but merely intended to provide some guidance on what is/isn't eligible. Cities may also refer to the currently adopted Comprehensive Solid Waste Management Plan for direction in program development. If you are unsure if your proposed program is eligible for funding, please call Morgan John (206-296-8443). Eligible for funding: • School WRJR education/implementation programs • Kitchen food waste composting programs • Reusable bag promotions • Yard waste subscription promotions • Outreach at community events • Promoting new and existing WR/R programs through media, mail, and social networking • Business recognition programs • Recycling Collection Events, including collection of tires and mattresses • Business, WR/R, residential education/communications • Product stewardship initiatives - could be education programs or working with other agencies/organizations/businesses to implement programs • City recycling programs and facilities • Videos promoting WR/R programs The following are eligible for funding on a case-by-case basis,as long as part of an overall WR/R Program. However, the County would not provide reimbursement if, for example, all of a city's grant dollars were used to sell/give away rain barrels or distribute compact fluorescent light bulbs. • Water Conservation - i.e. Rain Barrels • Energy Conservation • Water Quality: integrated pest management; catch basin filters • Demonstration gardens; interpretive signage; recycled-content park furnishings 2012-2013 WR/R Grant The following are not eligible for funding: • Collection of garbage, except for residual garbage related to the collection of recyclables. • Collection of any household hazardous waste items including, but not limited to: > Treated wood > Paint > Lead acid batteries > Oil, gasoline, and antifreeze > Florescent lights • Household Hazardous Waste Education Programs Cities should pursue funding through LHWMP or CPG for Household Hazardous Waste collection or education programs. Grant Administration: Requests for Reimbursement: Cities may submit as few as two requests for reimbursement during the funding cycle, with the first request due by January 31, 2013 and the final request due no later than March 15, 2014. However, cities may submit requests for reimbursement as frequently as quarterly. Quarterly requests should be submitted on April 30, July 31,Oct. 31 and Jan 31 of each year, except for the final request for reimbursement, which is due no later than March 15,2014. The Budget Summary Repot Form (Attachment 4) must be used when submitting requests for reimbursement. By December 31" of each year of the grant cycle,cities must notify SWD of their total expenditures for work that has been completed to-date, but for which requests for reimbursement have not yet been submitted. Progress and Final Reports: Progress reports describing program activities,accomplishments and evaluation results need to accompany each request for reimbursement. A final report describing the outcome of grant- funded activities is due with the final request for reimbursement. If, however, the city does not have the results of its program evaluation by the end of the grant cycle, the final narrative report lmay be submitted no later than six months after the end of the grant cycle on June 30,2014. (Note: The final request for reimbursement would still need to be submitted by March 15, 2014.) All Progress and Final Reports need to be signed by a city official. Signed reports may be submitted via facsimile. Amendments: Formal amendments to grant ILAs are not necessary unless the city wishes to make significant changes to its scope of work and/or budget. In general, a significant change would be one in which the city wishes to add or delete a task from their scope of work. A minor change, such as moving dollars between tasks, would only require written notification, which may be submitted via e-mail. However, the city should contact the Division when considering changes to their scopes and budgets to determine if a formal amendment is needed. tk CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDM'YY) 4m.�"'� 12/6/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alliant Insurance Services, Inc. PHONE FAX 720 Olive Way, Suite 1700 LAIC,No ¢y:,2 06_204-9740 A/s,_N,o):a06-a04-Q� Seattle WA 98101 ADDRESS: PRODUCER -......-._ ..... ...._ CUSTOMER IDa:KES83802 INSURER(S)AFFORDING COVERAGE NAICIt INSURED INSURER A:Princeton Excess & Surplus 1078G City of Kent 220 Fourth Avenue South INSURERS: Kent WA 98032-5895 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2082071039 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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RL 2100 06/07 Page 1 of 1 KENT Agenda Item: Consent Calendar — 7L TO: City Council DATE: February 7, 2012 SUBJECT: Department of Ecology Coordinated Prevention Grant — Accept MOTION: Authorize the Mayor to sign the Coordinated Prevention Grant Contract in the amount of $125,491, amend the budget, and authorize expenditure of the funds in accordance with the grant terms, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Funding for this grant comes from the Washington State Department of Ecology. King County's allotment is $3,451,168. As a signatory of the County's Solid Waste Comprehensive Plan, cities are eligible for CPG funding. Each city's allotment is based on the percentage of King County's population it represents as calculated by the State Office of Financial Management. For Kent, that allotment amounted to $125,491. The Coordinated Prevention Grant has historically been a two year grant. But due to budget concerns, the allotted funding is extended only through June 30, 2013. It has not yet been determined whether funding for the remaining two quarters of 2013 will be made available by amendment or whether new 24-month agreements will be established to align with the next biennial calendar (July 1, 2013-June 30, 2015). The CPG funds residential and commercial waste reduction and recycling programs including events for collection of materials hard-to-recycle at the curb: appliances, electronic equipment, mattresses, Styrofoam, bulky yard debris, concrete, and tires. The grant also pays for some event staffing and printing and mailing costs. EXHIBITS: Coordinated Prevention Grant Agreement Grant #G1200274 RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City will receive from the Washington State Department of Ecology $125,491, distributed on a cost basis as tasks are completed. The required 25% match of $41,830.33 will come from the King County Waste Reduction and Recycling Grant. Grant funds will be deposited into the City's Solid Waste Utility fund. it I COORDINATED PREVENTION GRANT AGREEMENT BETWEEN THE, STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT Grant No.: G1200274 This is a binding agreement entered into by and between the state of Washington Department of Ecology, hereinafter referred to as ECOLOGY or DEPARTMENT,and the City of Kent,hereinafter referred to as the RECIPIENT,to carry out the activities described herein. JURISDICTION: City of Kent MAILING ADDRESS: 220 4th Ave. South CITY, STATE,ZIP: Kent,WA 98032 RECIPIENT GRANT COORDINATOR: Gina Hungerford TELEPHONE: (253) 856-5549 FAX: (253)856-6500 E-MAIL: ghungerford@61ent.wa,us RECIPIENT BILLING/INVOICF,COORDINATOR: Paul Devine (Olympic Environmental Resources) TELEPHONE: (206)938-8262 '.. FAX: (206)938-9873 E-MAIL: pauldevine@msn.com ECOLOGY GRANT OFFICER: Taisa Welhasch TELEPHONE: (425)649-7266 FAX: (425)649-7193 i E-MAIL: taisa.welliasch@ecy.wa.gov j FUNDING SOURCE Local Toxics Control Account MAXIMUM ELIGIBLE COST $167,321.33 STATE GRANT SHARE $125,491 LOCAL SIIARE $41,830.33 STATE MAXIMUM GRANT PERCENT 75% FEDERAL TAX IDENTIFICATION NO. 91-6001254 EFFECTIVE DATE OF THE AGREEMENT 01-01-2012 EXPIRATION DATE OF THE AGREEMENT 06-30-2013 Grant No.G1200274 City of Dent Page 2 of 16 PART 1: SCOPE OF WORK The task(s)set forth below summarize the RECIPIENT'S activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY as outlined in the current scope of work and budget. The RECIPIENT must complete all deliverables by the expiration date of this agreement, including delivery of purchases,unless otherwise stated in the scope of work or approved by ECOLOGY in writing. Note: The term"task" as used in this agreement is interchangeable with the term "project" as used on the online Solid Waste Information Clearinghouse and "element"as used on payment request forms. I The"Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that ECOLOGY can reimburse at a rate of 75 percent under this grant. The RECIPIENT shall identify the work plan and activities by"Quarter". A quarter is defined by calendar year and begins with the first three months of the grant period. The RECIPIENT may negotiate changes to the work plan with the ECOLOGY grant officer.ECOLOGY shall document mutually agreed changes to the plan in writing. The RECIPIENT is permitted to submit payment requests and progress reports to ECOLOGY coinciding with the Work Plan (instead of quarterly), but no more often than once per month. CATEGORY: Waste Reduction and Recycling(WRR) 1. TASK TITLE: Recycling Collection Events-Residential Maximum Eligible Task Cost: $145,321.33 Task Description: The RECIPIENT,in conjunction with a consultant, will continue to host three residential recycling collection events for City residents in 2012 and two in 2013. The events will provide residents with the opportunity to divert hard-to-recycle items from the waste stream by collecting them for recycling in a convenient City location.Materials residents can bring to the event for reuse and/or recycling include used tires,used anti-freeze,used petroleum-based products,used oil filters, used motor oil,bulky yard waste(large material only), scrap wood, appliances,ferrous metals,nonferrous metals,electronic equipment, Styrofoam,mattresses,cellular phones,porcelain toilets and sinks,propane tanks, and other materials whenever practical.The event will also serve as an opportunity to distribute educational materials on how to reduce waste and recycle using City sponsored or private sector recycling programs. The RECIPIENT will credit the grant for any revenue received from the collection of fees or commodity sales on items the grant is supporting. Costs for disposal of non-recyclable components are not eligible unless they are a direct and unavoidable byproduct of a recycling activity(e.g. emptied jugs used for waste motor oil or antifreeze). Costs covered under the E-Cycle Washington program are not CPG eligible. Furthermore, as of January 1, 2013, when implementation of the Mercury Containing Lights Law (Chapter 70.275 RCI) begins, expenses covered under the law will not be eligible for CPG reimbursement. Consult your grant officer for more information. I Grant No.G 1200274 City of Kent Page 3 of 16 I Goal Statement: The goal of this task is to decrease the amount of organic waste, moderate risk waste (MRW), and other hard-to-recycle items being landfilled or illegally dumped by holding collection events in a convenient City location for residents. Outcome Statement: Over the 18-month grant period,the RECIPIENT expects to recycle between 350-450 tons of material from the residential waste stream and serve 5,000-5,250 households. Below is the summary of these estimated outcomes: Organics diversion: 25-30 tons MRW diversion: 30-40 tons Recycling/Reuse: 335-400 tons Residential contacts: 222,500 Residential participants: 5,000-5,250 Work Plan,Deliverables and Activities Timeline: Quarter Activity Ql Arrange date and site for event.Arrange event vendors.Develop event publicity, print,sort,and mail event flyer.Hold recycling collection event.Recycle materials collected.Prepare project progress report and payment request for grant reimbursement. Q2 Arrange date and site for event.Arrange event vendors.Develop event publicity,print, sort,and mail event flyer. Hold recycling collection event. Recycle materials collected.Prepare project progress report and payment request for grant reimbursement. Q4 Arrange date and site for event. Arrange event vendors.Develop event publicity,print, sort, and mail event flyer.Hold recycling collection event. Recycle materials collected. Prepare project progress report and payment request for grant reimbursement. i Q5 Arrange date and site for event.Arrange event vendors.Develop event publicity,print,sort, and mail event flyer.Hold recycling collection event.Recycle materials collected.Prepare project progress report and payment request for grant reimbursement. Q6 Arrange date and site for event.Arrange event vendors.Develop event publicity, print, sort, and mail event flyer.Hold recycling collection event.Recycle materials collected. Prepare project progress report and payment request for grant reimbursement. Method of Evaluation:The RECIPIENT will track and report,the number of events held,the number of event participants and the volume of each material collected in tons as reported from event vendors and from material delivered to recycling centers. Grant No. G1200274 City of Kent Page 4 0£16 2. TASI';TITLE: Recycling Collection Events-Commercial Maximum Eligible Task Cost: $22,000 Task Description: The RECIPIENT,in conjunction with a consultant, will continue to host a commercial recycling collection event for City businesses in 2012 and in 2013. The event will provide businesses with the opportunity to divert hard-to-recycle items from the waste stream by recycling them in a convenient City location.Materials business can bring to the event for reuse and/or recycling include scrap wood/pallets, appliances, ferrous metals, nonferrous metals, electronic equipment, computer equipment/TV sets,office recyclables/cardboard,toner cartridges, cellular phones,plastics,and other materials whenever practical. The event will also serve as an opportunity to distribute educational materials on how to reduce waste and recycle using City sponsored or private sector recycling programs. The RECIPIENT will credit the grant for any revenue received from the collection of fees or commodity sales on items the grant is supporting. Costs for disposal of non-recyclable components are not eligible unless they are a direct and unavoidable byproduct of a recycling activity(e.g. emptied jugs used for waste motor oil or antifreeze). Costs covered under the E-Cycle Washington program are not CPG eligible. Furthermore, as of January 1, 2013, when implementation of the Mercury Containing Lights Law(Chapter 70.275 RCW) begins, expenses covered under the law will not be eligible for CPG reimbursement. Consult your grant officer for more information. I Goal Statement: The goal of this task is to decrease the amount of organic waste and other hard-to-recycle items being landfilled or illegally dumped by holding collection events in a convenient City location for businesses. Outcome Statement: Over the 18-month grant period,the RECIPIENT expects to recycle between 30-40 tons of material from the commercial waste stream and serve 230-250 businesses.Below is the summary of these estimated outcomes: Organics diversion: 4-6 tons MRW diversion: 2-4 tons Recycling/Reuse: 25-30 tons Business contacts: 7,700 Business participants: 230-250 Work Plan,Deliverables and Activities Timeline: Q2 Arrange date and site for event,Arrange event vendors.Event publicity develop, print, sort, and mail event flyer.Hold recycling collection event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. I i i Grant No. G 1200274 ` City of Kent Page 5 of 16 Q6 Arrange date and site for event. Arrange event vendors.Event publicity develop,print, sort,and mail event flyer.Hold recycling collection event.Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. Method of Evaluation:The RECIPIENT will track and report,the number of events held,the number of event participants and the volume of each material collected in tons as reported from event vendors and from material delivered to recycling centers. PART2: BUDGET TASK Maximum Eligible Cost' [Category]:Waste Reduction and Recycling $ 167,321.33 1. [Task Title]: Recycling Collection Events-Residential $ 145,321.33 2. [Task Title]: Recycling Collection Events-Commercial $22,000 TOTAL MAXIMUM ELIGIBLE COST $167,321.33 STATE SHARE(75%) $ 125,491 LOCAL CASH MATCH(250/9) $41,830.33 PART 3: BUDGET CONDITIONS A. ECOLOGY requires the RECIPIENT to provide a match of 25 percent of the maximum eligible cost j with cash or interlocal costs. Interlocal costs are the only type of in-kind contributions the RECIPIENT may use as match. B. If parties are contributing to the local share of task costs(match)through interlocal-in kind contributions,the RECIPIENT shall negotiate a memoranda of understanding or other written agreement confirming the contribution between the parties. These agreements shall specify the exact work to be accomplished and be signed by all parties contributing to the local match of this task. Copies of these agreements shall be made part of the RECIPIENT'S grant file and submitted to ECOLOGY. C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible (excluding time spent to write a grant application). D. The RECIPIENT must submit a written request to ECOLOGY to amend budgets between grant tasks, to modify a scope of work, or for a budget increase or decrease. To increase or decrease the Grant No. G1200274 City of Kent , Page 6 of 16 agreement's total maximum eligible cost or change the scope of work for any tasks as outlined in this grant agreement, ECOLOGY requires a formal amendment. E. The RECIPIENT must provide ECOLOGY with an updated Spending Plan when requested by ECOLOGY. F. Any work performed or costs incurred prior to the effective date or after the expiration date of this agreement will be at the sole expense of the RECIPIENT. PART 4: SPECIAL TERMS AND CONDITIONS A. BILLING 1. Unless otherwise approved in writing by ECOLOGY,the RECIPIENT shall submit a payment request to ECOLOGY at least quarterly(by calendar year),but no more often than once per month. 2. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms:A19- I A,B 1/132, Cl/C2. Until there is a change in agency policy,the recipient must submit an A-19 signed in blue ink by an authorized person. The B2 and C2 forms are acceptable in electronic format.The RECIPIENT must also include all backup documentation to support items listed on Form Cl/C2. The budget is organized by task and therefore,the RECIPIENT shall itemize costs by task on Form Cl/C2 and Form B 1/B2. Forms B 1 and Clare used only when interlocal costs are used towards the 25%match. 3. Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as required by ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication 491-18. 4. Payment to RECIPIENT will be issued through Washington State's Department of Enterprise Services(DES). DES maintains a central vendor file for Washington state agency use to process vendor payments. This allows vendors to receive payments from all participating state agencies. RECIPIENTS must register as a state-wide vendor(SWV)by submitting a state-wide vendor registration form and an IRS W-9 form http://www.ofm.wa.gov/isd/vendors/payee registration.doc to DES. If you have questions about the vendor registration process you can contact DES at the Payee Help Desk at(360)664-7779 or email to pa e�pdeskna ofm.wa.gov. B. REPORTING 1. The RECIPIENT shall submit a progress report with each payment request but no less often than quarterly unless otherwise approved by ECOLOGY. These reports shall include activities that support incurred costs shown on the Cl or C2 of the payment request, and must be submitted on- line through the Solid Waste Information Clearinghouse. 2. RECIPIENT's must submit a final report of task outcomes through the Solid Waste Information Clearinghouse. The final report must be submitted before ECOLOGY can process a final payment request. i Grant No. G1200274 City of Kent Page 7 of 16 a. Final Performance Analysis(FPA)reports are used for all Planning and Implementation tasks and special tasks in a solid waste enforcement grant(special tasks do not include regular solid waste enforcement work such as enforcing solid waste codes). b. For Solid Waste Enforcement tasks,recipients must submit their final quarterly solid waste enforcement progress report. C. DOCUMENTATION 1. The RECIPIENT shall submit supporting documents with each payment request. This includes cancelled checks,invoices,purchase receipts, payroll records,time and attendance records, contract award documents, and any document deemed relevant by ECOLOGY to establish the approval of an expense listed on Form Cl/C2. Documentation shall be clear and legible and organized by task in the order in which it is itemized on Form Cl/C2. 2. The RECIPIENT shall maintain grant related material and supporting documents including invoice vouchers sent to ECOLOGY in a common file. The Recipient shall keep all supporting documents for audit purposes for at least three years from the date the agreement is closed by ECOLOGY. 3. The RECIPIENT shall use the ECOLOGY provided Form E,or an equivalent time accounting document approved by ECOLOGY,to record staff hours being charged to the grant. D. TRAINING The RECIPIENT agrees to participate in any ECOLOGY recommended trahrings related to managing a CPG agreement. E. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT is encouraged to solicit and recruit,to the extent possible, certified minority-owned (MBE)and women-owned(WBE)businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged,however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps,when possible,in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. i b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. II Grant No.GI200274 City of Dent Page 8 of 16 e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE)and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate. f) The RECIPIENT should report payments made to qualified firms to ECOLOGY at the time of submitting each invoice.Please include the following information on ECOLOGY provided form(Form D). I g) Name and state OMWBE certification number(if available)of any qualified finn receiving funds under the invoice,including any sub-and/or sub-subcontractors. h) The total dollar amount paid to qualified firms under this invoice. F. PROCUREMENT AND CONTRACTS a) The RECIPIENT shall provide written certification that it will follow its standard procurement procedures and/or applicable state law in awarding contracts;RECIPIENTS with no formal procurement procedures must certify that they have complied with the "Standards for Competitive Solicitation," found in Part V of the Administrative Requirements for Recipients ofEcology Grants and Loans—Yellow Book,Ecology Publication#91-18(Revised September 2005). b) Upon issuance,the RECIPIENT shall submit a copy of all requests for qualifications(RFQs), requests for proposals(RFPs),and bid documents relating to this grant agreement to ECOLOGY'S grant officer. c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of the draft proposed contract to ECOLOGY'S grant officer for review. Following the contract execution,the RECIPIENT shall submit a copy of the final contract to ECOLOGY's assigned grant officer. d) Unless a specific purchase of equipment or real property is already written into the grant agreement,the RECIPIENT must submit a written request to ECOLOGY to purchase any equipment or real property(Property)with a single unit purchase price of$5,000 or more. The request shall include the j ustification for the purchase of the property,the total cost,the intended use, and the anticipated useful life of the property. The request must be approved in writing by ECOLOGY prior to the purchase. G. USE OF EXISTING CONTRACTS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used contracts entered into prior to the execution of the grant agreement for performance of grant-funded activities. The RECIPIENT shall submit a copy of the contract to its assigned ECOLOGY grant officer. The grant eligibility of products or services secured by the RECIPIENT under existing contracts used to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. H. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION For equipment or property purchased with a cost of at least$5,000 per unit or functional system, the RECIPIENT must utilize an inventory control system, including physical inventory to Grant No. G1200274 City of Kent Page 9 of 16 '... document the ongoing use,a description of the item (including serial or vehicle identification number(VIN)when possible), and location. This information shall be submitted to ECOLOGY upon request until final disposition is made. The RECIPIENT shall investigate, document, and report to ECOLOGY any loss,theft or damage upon discovery of such conditions. The RECIPIENT will follow manufacturer recommended maintenance procedures to keep the property in good operating condition. The RECIPIENT shall submit a written request to the ECOLOGY for any intent to change the use of the equipment as outlined in this grant agreement,including uses past the expiration date of this agreement. Disposition of the equipment shall be determined by ECOLOGY and documented in writing. A copy of the determination will be provided to the RECIPIENT upon ECOLOGY's closure of the grant agreement. a. If the equipment is necessary for the continued operation of the project or other projects administered through ECOLOGY,the grant officer may instruct the recipient to retain the equipment with no further compensation to ECOLOGY. b. If the project has no further significant use for the equipment,the grant officer may instruct the recipient to retain or sell the equipment and pay ECOLOGY an amount equal to ECOLOGY's share of the current fair market value,sale proceeds or other price agreed upon by the grant officer. c. The grant officer may instruct the recipient to transfer title to ECOLOGY or to a third party named by ECOLOGY who is eligible under existing statutes. I. ALL WRITINGS CONTAINED HEREIN This agreement, including the"General Terms and Conditions,"Program Guidelines— Coordinated Prevention Grants 2012-2013,and ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication 491-18, contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s)of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement. J. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT shall take reasonable action to avoid,minimize, or mitigate adverse effects to the archeological or cultural resources.RECIPIENT shall immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this agreement. In the event that historical or cultural artifacts are discovered at the project site, the RECIPIENT shall also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at(360) 586-3065.Applicability of the National Historic Preservation Act(NHPA)may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RC W prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling,dredging, or cleanup actions). K. ENVIRONMENTALLY PREFERRABLE PURCHASING In ajoint effort to save costs,produce energy savings and prevent waste,the RECIPIENT agrees to use both sides of paper sheets for copying and printing. The RECIPIENT also agrees to Grant No.GI200274 City of Kent Page 10 of 16 purchase paper products with a high level of post consumer recycled content whenever it is comparable in quality, availability and price i PART 5: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology, SS-010 Rev. 04/04 A. RECIPIENT PERFORMANCE All activities for which grant/loan finds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and j conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement,the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES(BIDDING) Contracts for construction,purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process,if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded,for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS I. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulati ons and permits. Prior to commencement of any construction,the RECIPIENT shall secure the necessary approvals and permits required by authorities havingjurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws,regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded,the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. I I I Grant No.61200274 City of Kent Page 11 of 16 3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or,receive any fee,commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS I. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records,the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state,federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States,Local Governments&Non Profit Organizations),including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends$500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety(90)days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied Grant No. GI200274 City of Kent Page 12 of 16 by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January I through March 31,April I through June 30,.Ally 1 through September 30, and October 1 through December 31. Reports shall be due within thirty(30) days following the end of the quarter being reported. i J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in"Administrative Requirements for Recipients of Ecology Grants and Loans",part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Proj ect Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement,unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment.The RECIPIENT should submit final requests for compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15)days after the end of a fiscal biennium.Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%)of each reimbursement payment as security for the RECIPIEN 's performance.Monies withheld by the DEPARTMENT may be paid to the RECTPTF,NT when the project(s)described herein, or a portion thereof,have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate,upon completion of an audit as specified under section J.6 herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s)charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. if mileage and per diem are paid to the employees of the RECIPIENT or other public entities,it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. I i Grant No.GI200274 City of Kent Page 13 of 16 K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT,to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models,photographs,and reports or other materials prepared by the RECIPIENT tinder this agreement, at the option of the DEPARTMENT,shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above,the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year,the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body;provided,however,that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work,the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property,the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish,recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Grant No.GI200274 City of Kent Page 14 of 16 Where federal funding is involved,the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT;present papers,lectures, or seminars involving information supplied by the DEPARTMENT;use logos,reports,maps or other data, in printed reports, signs, brochures, pamphlets, etc.,appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans",Part V,shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s),regulation(s), or policy(s)to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession,the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement,the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts,and attorney's opinions establishing that the land is free from any impediment,lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet,the RECIPIENT shall not at any time convert airy equipment,property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition,purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy,and purchase and use of sustainably produced products(e.g. recycled paper). For more information, see www.ecy.wa.gov/sustainability. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project Grant No.G1200274 City of Kent Page 15 of 16 described in the Scope of Work. In the event the RECIPIENT fails, for any reason,to perform obligations required of it by this agreement,the RECIPIENT may, at the DEPARTMENT's sole discretion,be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. i Interest shall accrue at the rate of twelve percent(12%)per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT,may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done,the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement,any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement,the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. i In connection with appeal of any proceeding under this clause,the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder,the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer,member,agent,or employee of either party to this agreement who exercises any function or responsibility in the review,approval,or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation,partnership or association in which he/she is,directly or indirectly interested;nor shall he/she have any personal or pecuniary interest,direct or indirect, in this agreement or the proceeds thereof. Grant No.G 1200274 City of Dent Page 16 of 16 S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees,and other costs related to the project described herein,except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNINGLAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d)Any terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and(e)the General Terms and Conditions. i IN WITNESS WHEREOF,the parties sign this Agreement: STATE OF WASHINGTON CITY OF KENT DEPARTMENT OF ECOLOGY Laurie G.Davies Date Date Program Manager Waste 2 Resources Program Printed Name and Title of Signatory APPROVED AS TO FORM ONLY Assistant Attorney General I KENT Agenda Item: Consent Calendar — 7M TO: City Council DATE: February 7, 2012 SUBJECT: Contract with Olympic Environmental Resources for Recycling — Authorize MOTION: Authorize the Mayor to sign a Goods and Services Agreement with Olympic Environmental Resources for waste reduction and recycling activities and programs for 2012 in the amount of $83,883.75, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: Olympic Environmental Resources will provide assistance with the implementation of the City of Kent's Waste Reduction and Recycling Programs, including the spring, summer, fall and business special recycling and collection events, outreach for business and multi-family waste reduction and recycling programs, rain barrel and compost bin sales, and education to benefit the citizens and businesses of Kent. These programs provide a cost savings to Kent's customers. Kent staff will continue to concentrate on the residential sector. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This Consultant Contract will be funded 100% through the following grants: Department of Ecology Coordinated Prevention Grant, Seattle-King County Health Department Local Hazardous Waste Management Program Grant, and King County Waste Reduction and Recycling Grant. KEN"I was� �ro GOODS & SERVICES AGREEMENT between the City of Kent and Olympic Environmental Resources THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Olympic Environmental Resources organized under the laws of the State of Washington, located and doing business at 4715 SW Walker Street, Seattle, WA 98116, Phone: (206) 938-8262/Fax: (206) 938-9873, Contact: Paul Devine (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 Contractor shall organize three recycling collection events, organize a Spring compost bin and rain barrel sale, promote business, residential and school recycling, and provide grant administration. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 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, 2012, III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Eighty Three Thousand, Eight Hundred Eighty Three Dollars and seventy five cents ($83,883.75), 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: GOODS & SERVICES AGREEMENT - 1 (Over $10,000.00, including WSST) The Contractor shall be paid after submittal of invoice. 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: i 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. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) 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. j 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 GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) 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 Vendor'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 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. 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 Dutv 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 GOODS & SERVICES AGREEMENT - 4 (Over $10,000,00, including WSST) 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, 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. 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. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 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 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 I 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. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) li 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. 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: Paul Devine Timothy J. LaPorte, P.E. Olympic Environmental Resources City of Kent 4715 SW Walker St, 220 Fourth Avenue South Seattle, WA 98116 Kent, WA 98032 (206) 938-8262 (telephone) (253) 856-5500 (telephone) (206) 938-9873 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: i 1 i Kent Law Department i OER-2012 RxVdlnu/Hungedo d GOODS & SERVICES AGREEMENT 7 (Over$10,000.00, including WSST) 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. i 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 i I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women, Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. I 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, j 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: i EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHI BIT A 2012 Proposed Scope of Work City of Kent 2012 Residential Recycling Collection Events, Bin and Barrel Sales, Business Recycling Collection Event, Business Recycling Program Outreach, School Program Outreach, Multifamily Residential Recycling Program Outreach, and Grant Administration PRIME CONTRACTOR Olympic Environmental Resources (The Contractor) 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938-8262 Fax: (206) 938-9873 Email: pauldevine@msn.com TASK 1: Residential Recycling Collection Events The Contractor will organize three (March, June, and October) citywide collection and recycling events in the City of Kent. A) Materials to be collected and recycled: • Appliances+ • Refrigerators and Freezers+ • Ferrous Metals • Non-ferrous Metals • Scrap Wood* • Bulky Yard Debris* • Concrete, Asphalt, Rock, and Brick** • Tires+ • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard ® Reusable Household Goods • Textiles • Motor Oil ® Motor Oil Filters • Antifreeze • Petroleum Based Products • Paper Shredding** • Electronic/Computer Equipment/Cell Phones ® Mattresses+ • Styrofoam +User fees may apply or the City may cover all user fees. *Collected in the spring ** Collected in the fall TASK 2: Spring Compost Bin and Rain Barrel Sale The Contractor will organize a March compost bin/rain barrel sale at the direction of the City. The Contractor will bundle other City clients and solicit bids for the compost bins and rain barrels. The Contractor will arrange to have the compost bins and rain barrels delivered to the City Shops. The Contractor will implement one or more backyard compost bin sale accompanied by educational outreach/technical assistance on backyard composting and rain barrel use. If the bins and barrels don't all sell at the March event an additional sale may be held at the June Recycling Collection Event. The sale/s will be advertised in the Recycling Collection Event flyers sent to all Kent households. The Contractor will sell the compost bins for $25 each and the rain barrels for $35 each or more as directed by the City. Each compost bin will include the educational manual, "Home Composting Made Easy" on grasscycling and backyard composting. The rain barrels will include instructions on proper set-up and use. TASK 3: Business Recycling Collection Event The Contractor will implement one Business Recycling Event in 2012. The event will be held on a summer Wednesday or Thursday at a central location in Kent(Russell Road Park). Materials to be collected: • Clean Scrap Wood/Pallets • Electronic/Computer Equipment • Computer Monitors++ • TV Sets++ • Refrigerators and Freezers+ • Office Recyclables/Cardboard • Toner Cartridges • Cellular phones • Plastics • Other materials if feasible +User fees apply ++City may not collect and refer businesses to E-Cycle sites The following educational materials will be distributed at the event: • Information on City Recycling Programs • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Program • Other educational materials as appropriate Event Promotional Methods ® Distributing a promotional flyer through direct mailings • Notices in City/community newsletters/and local newspapers (whenever possible) • Posting a notice at City Hall, on the City cable channel, and website (if available) ® Publicizing the event through the King County Solid Waste Division Promotional Activities Event Participants This event is intended for the businesses in Kent. Some restrictions on material amounts may apply. The Contractor reserves the right to refuse contaminated loads. Event Evaluation ® Number of vehicles attending ® Volume of each material collected ® Event cost by budget category • Graphic or tabular comparison of 2012 volumes and vehicles with prior year's events B)The following educational materials will be distributed at the events: I • Information on City of Kent waste reduction and recycling programs Information on the Local Hazardous Waste Management Programs Event Participants These events are intended for the residents of Kent but will be open to King County residents and will be coordinated with county-sponsored events to avoid overlap of service. No flatbeds or large dump trucks allowed.The Contractor reserves the right to refuse oversized, commercial, or contaminated loads. Event Promotion Event promotion will be accomplished in the following ways: • Distribution of a promotional flyer through direct mailings • Articles in the City newsletter publicizing events • Publicizing the events through the King County Solid Waste Division • Publicizing the events on the City's cable channel and website Proiect Evaluation The following measures will be used to evaluate the completion and success of the events: • Number of vehicles attending Volume of each material collected • Event cost by budget category • Comparison of 2012 volumes and vehicles with prior year's events Timeline Tentative Event Dates— March June and October. 2012 January/April/August 2012 Event planning Work with City on finalizing event date Schedule vendor services February/ April/September 2012 Schedule vendor services Work with City on event flyer Arrange for the printing, sorting, and mailing of flyer i March/June/October 2012 Finalize planning Prepare site map Arrange event staff Work with City on available City services Arrange event equipment Arrange event deliveries Hold event April/July/November 2012 Prepare project reports Assist City in reimbursement process TASK 4: Business and School Recycling Outreach The Contractor will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the Kent commercial and school sector. Program Activities: 1) Kent Business Recycling Newsletter Prepare and coordinate distribution of Kent Business Recycling Newsletters to all Kent businesses. The newsletter will be sent to Kent businesses two or three times in 2012. 2) Kent Business and School Assistance To provide recycling assistance to Kent businesses and schools, the Contractor will send a Business Recycling Tool Kit to all new Kent businesses expressing interest in receiving it with an introduction letter and offer an on- site visit. The Contractor will provide assistance to City businesses on an on-call basis. The Contractor will track assistance to City businesses as required by King County, The Contractor staff will promote the website www.kentrecycles.corn as a means to communicate with businesses and property managers regarding waste reduction and recycling. School assistance in 2012 will build on the success of the 2011 program and expand the program wherever possible. 3) Kent Business Recognition To provide Kent businesses with motivation to prevent waste and recycle, The Contractor will manage the Kent Green Business of the Year Award. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to waste reduction, recycling, and the use of recycled-content products. As feasible, the Contractor will promote the winners, and other outstanding applicants programs as examples for other Kent businesses to model. 4) Business Website Assistance In 2012, the Contractor will respond to inquiries from City businesses from visits to the City's recycling website. In addition, all information and links posted to the site will be verified and updated as necessary. I� 5) Other outreach activities,as requested and as budget allows TASK 5• Residential Recycling Program Outreach The Contractor will promote waste reduction and enhanced recycling programs through the following program efforts with residents and property owners and managers: ® Distribute the City's brochure: Kent's Simple Guide to Recycling for Multifamily Residents educational brochures through direct mailings, City events, and door-to-door delivery • Provide on-site waste consultations and follow-up assistance • Respond to inquiries from residential communities ® Work with City contracted haulers to promote recycling programs ® Other outreach activities, as requested and as budget allows Project Goals and Objectives • Promote residential participation in Kent recycling services • Promote cost-effective handling of the residential waste stream • Promote the purchase of recycled products to the residential sector • Promote use of www.KentRecycles.com. i i Proiect Evaluation The Contractor will monitor the success of the program by reporting the following: • Number of educational materials distributed • Number of residential communities that received technical assistance • Increase in the number of residential buildings participating in collection service of recyclables TASK 6: Grant Administration The Contractor will work with the City to provide grant administration and project reports for this Scope of Work. The Contractor will: • Track project expenses • Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work • Prepare reports for the grant program funding reimbursement • Prepare final reports as required by recycling program grants Olympic Environmental Resources will be the prime contractor on this project and,will subcontract a portion (Tasks 4 and 5) to Wilder Environmental Consulting. Olympic Environmental Resources and Wilder Environmental Consulting are available to implement additional projects at the direction of the City. j i i L H H r y K N K V M N K � � K n a ry ^y K w• t�i � p N � � V�i � � � K W Vy/ � ry� W y I U II W U t In o � U M G tltl c o OO Vi OO C o h $ ij� F I E 0 o D m O E rl E 5 `_ i .� ° m e e = E G 'L' � - � a .. � °' � E e w S F ; E E ` -` 5 E o d of u d c vi h a s € v °, r d .•`, i = `, s F " .5 - = o °0 a .E a s ? '° s .., ._ . � � '. qn P. F 4 G. �' W �-] C vi F (a I l W O P. i `n F V L y H g q q m m ¢ M p i C. O m 'I y F EXHIBIT B 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. 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 j assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no j endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the 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. 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 $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations 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. EXHIBIT B (continued) 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. i KENT Agenda Item: Consent Calendar — 7N TO: City Council DATE: February 7, 2012 SUBJECT: Stormwater Utility Property Lease — Authorize MOTION: Authorize the Mayor to sign an agreement with Alecta Real Estate Kent Valley, LLC to lease stormwater utility property for a period of five years, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: Valley Corporate Center (VCC) was developed in the 1980s and includes a number of large warehouse/manufacturing properties located along West Valley Highway (68th Avenue South). The City's stormwater utility owns property adjacent to the VCC that was formerly owned by King County Drainage District #1, but is not currently needed for stormwater conveyance. In 1988, the property was paved and leased by the City to VCC to be used as additional parking. VCC paid for the original construction on the City's behalf and signed a lease that ran through 2003. A follow-on lease ran through September 2011. There is no need for another use of this property at this time. The proposed lease is for a five-year period, which would enable the City to repurpose the property in the future if needed. EXHIBITS: Location Map and Memo dated 11/17/2011 RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: As noted in the attached proposal, rent on the lease would be $4,815.23 for 2011/2012 and would increase at 3% per annum through September 2016 (five years total). Please find attached a letter from the property broker noting that the value of the lease is commensurate with existing market conditions. Lease payments would be directed to the stormwater utility operations and maintenance budget. ! , IU J �f�i%f ,� ��' III jUHaa7� ✓ f iwwM;fffffff I � i ' � ; � h2rr✓rr� � �� / V2 Kit )< � 1� a ., , / "/ a � /.. / i /J✓r/ r %/( t�'r r ' �" ( ( � ff� ,�I is � u "; r �f/✓ ,„R�p' mW o� C C11'M WeSe RCl pa Wr F41 LSTAnE SLR"/IL:.L S. "a W'a`g'tlB W0 iWi IIR CDRt!, Ina, M 0 WiihoWF,R1W01 r 206 442 274.(1 Trl 2 W" riv^rv' tiWlsrBxnn�7c.Lu^�,c�rrci ,v w.n.,rh,YrN.rc"fin ,� t Ter Tiny t.:upmita,Uy on Kant Fvorn Mcill O'Brien, Vke Pre iriuni, C BRE Sub lEd: Valley Corporals Cerxtaxr"Yorcl°Area I IIry), As the lead etakg representative for Valley Covporate Center, I've been given 'the iask of fin&ng recent Kent W'cWVley "ward" lease cornpa to sL ppori the u-inuol rental rate in wHish y'llem Red testate Kertt Valley, LLC Oses land area Cam the Cty of Koo, Gi'wsin cuarerrl market conditions, there nave b&ain wiry few, of any, recent Voaset coWrCaWad whom excess ind hat Mica ci breakout lease value. TI'Ylt particular Iand Iv very difflcuh tra "appraise", as h � has no access Shout ilia Valley COe arote Canter d6ve okho to to souuh of the land area, and is nipsas0bW to develop doe Ic if e power lines c{ recfl'V cvca he, site, The n"."nwshipa of VCC has never been cable to charge rent on I& areo, hit it does liuve sore value ' to existing and fOure Thncnats, and cot 6u,-,of laeallas' "Al mhu leushrg iirrao, sa ihareforra, a nk nnnuerl charge is aralauaiariate. T la+s proposed $4,915 wear is a fair r urket lease value for this land aria. The 3W. cuinual increases use alsca Worker, if nat skghtly above (many leases are O ucturad with 20%unnucWl incr€osen, phase, Feel see Iho reach out to rre'f«fir any odd.tiorcd irrforrrrcrGon Bwt Words r ✓ a "� r i Plena C7'ftden 206=21740 1--Yin,EN,...II_I I"..WW KENT Agenda Item: Consent Calendar — 70 TO: City Council DATE: February 7, 2012 SUBJECT: Braun Final Plat — Approve MOTION: Approve the final plat mylar for the Braun Plat and authorize the Mayor to sign the mylar. SUMMARY: Staff recommends approval of the final plat mylar for the Braun Plat and authorization for the Mayor to sign the mylar. On July 19, 2006, the Hearing Examiner recommended approval, with conditions, to subdivide approximately 4.69 acres into 18 single-family residential lots. The applicant has complied with the conditions required prior to recording. The Property is located at 11408 & 11426 SE 244th St. EXHIBITS: Map and Conditions RECOMMENDED BY: Economic & Community Development Staff BUDGET IMPACTS: None CITY OF KENT KIVA #PPP5-21125003. FILE No. FSU-2005-1e -A -- 61919 OF C111116 S8B 05 35 E 1553.5J (CJ I8]fi]5 ENE 45X�prvR¢ I \ N a NLA LOKSIIK The Braun Plat ' LJRP¢TA COKLRER E l0 M>31/O Vl5/fE0]/rH1 N /VWG93S0 A Portion of the NE 1/4 of the NE 1/4 of F ��d� 5ection.20, Township 22 North,.Range 5 Eo5t Willamette Meridian, 0ity of Kent, King.Govnty, Washington I� Control & Boundary 0"w t277 41 rcl 330.0} /C. i L0712 - LOT II LOro LOT LOT B .rvn LOT l3 �e� Yn3T�+3YC. see so 3x E ^" N 20t',2Q69®B7 0 S ]00 ^N N JV O ¢Np LOT so S SO, Io iorr4 - S T II V _ ! LOT 6 1 58B'46 50E�JC 00 (CJ -- P4 I CO GONiVE9 O1MGlY OFKENT i 20 93 /CJ J —3 pLA- 76 .PLIV REGPPO/N60F fNr5 FLAT SE LOT S 7R 7'52 V TrzAcrA LEGEND K h rco La+v�c 64 �Q P2 M' IF, m O B.MONUMENT AS RUSS L'K F UI AOY RKOR^INB LQ h ,=y N -rv52ATJ A) Qp LOr4 *SECTION CORNER AS NOTED ^F CORNER AS NOTED R f L -EASEMENT LINE v GI K d MONUMENT LINE W p a m WETLAND OUEFE, N 0 I- selsrnve wren: -+we—uw._wETLnNo W 5EN5174e A,¢EA � I rz° (c1 cALcuLaTEO'irvFDwwanOx w >,eacr°c^ /F,eIVA>rJ z J N (y w. �ryA (PS RECORD PER RECORCERS No 20050906900003 3 a `N 0, = ®THEORETICAL CENTER 9F SECTION q9 0 A h LOT rs. care .$ +tOe W -111 1 LO Ib -3Z60 4 F !� =�� 25 LS W ry�v y5/ LOT I] LOTS P� /e y\ 15E.'J 1 CC 50 c!' AN NOIVIOO O EACH IN AHER IN TRALi3'"3" AND 'L" pj IS CONVEYED TO EACH LOT OMTER — <e LOT IB LOT I 93 Nl'C9 2]E / 5C �I1 19G94' — �I 309 C] IN Nea'io is la/e uo L< v>wss eoe LNA (] IEO 49 33 W 1279 11 10 /I�11£P Lr999 _ SLNE E146u,IIkAti NBA'd3'l9"N 263e 73 (C) FEP NthCAFACE...VEY REFERENCE SURVEY SHORT PLAT RECORDERS N0.9005090E900003 D O PEAT OF SN UR COVRT III RECORDERS N0.20020107001490 RECORD DF EURVEYRECORDERS No 2DOSOE1fi900004 gg BASIS OF BEARING DRYCONoxrH LINE DE - Surveying, Inc. 827 MAIN SUITE "A'' GRAPHIC SCALE 1"-60' SUMNER, WA '98390-0300 FAX 253-826-9703 0 60 120 180 J//�/�/(r T o� OygWN. R.�a•l CA1C VRr[YFp JOLY 3011 MR PAINR0:1/H/2IU JOB No:2O11029 OFFICE OF THE LAND USE HEARING EXAMINER Theodore P. Hunter Hearing Examiner KENT FINDINGS, CONCLUSIONS AND DECISION WA5HINGTON FILE NO: BRAUN #SU-2005-18 KIVA #RPP3-2060100 APPLICANT: Harry Singh 21625 4tn Avenue S. Normandy Park, WA 98198 RE UEST: A proposal to subdivide 4.69 acres into 18 single- family residential lots with one stormwater drainage tract and two tracts for wetland preservation and mitigation. LOCATION: 11408 and 11426 SE 244t" Street APPLICATION FILED: January 13, 2006 DETERMINATION OF NONSIGNIFICANCE ISSUED: June 5, 2006 HEARING DATE: July 5, 2006 DECISION ISSUED: July 19, 2006 DECISION: APPROVED with conditions STAFF REPRESENTATIVE: Matt Gilbert, Planning Services Mike Gillespie, Public Works PUBLIC TESTIMONY: James Jaeger, representing applicant Other Diane Klem Jack Jenkins EXHIBITS: 1. Staff report dated June 28, 2006 with the following attachments: A Preliminary Plat Application filed January 13, 2006, with Preliminary Plat Map dated January 9, 2006 Findings, Conclusions and Decision hearing Examiner for the Cy of Kent Braun #SU-2005-18(KIVA #RPP3-2060100) Page 1 of 19 B Correspondence, including letter from Diane Klem to City of Kent dated June 10, 2006, a handwritten note regarding Ms. Klem's June 10 letter initialed CA, letter from Diane Klem to City of Kent dated March 31, 2006, and letter from Erin Fehringer to Satwant Singh dated January 30, 2006. C. Department Routing D Public Notice Documents, including notice of public hearing, affidavits of notice, publication notice and mailing list E Notice of Completeness/Notice of Application documents, including Notice of Application/Affidavit of Posting, distribution list, notice as published in King County Journal, email correspondence with King County Journal, Notice of Completeness dated March 15, 2006, and Notice of Incompleteness dated February 22, 2006 F Mitigated Determination of Nonsignificance (MDNS) dated June 5, 2006 and Environmental Checklist 2. Comment letter from Nina Gaik dated June 29, 2006 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS 1. Harry Singh (Applicant) requested approval to subdivide 4 69 acres into 18 single family residential lots. The subject property lies on two parcels located at 11408 SE 2441h Street and 11426 SE 2441h Street, Kent, Washington, identified as King County tax parcels 2022059164 and 2022059162, respectively. Exhibit 1, Staff Report, pages 1-2; Exhibit 1, Attachment A. 2. The City of Kent determined the preliminary plat application to be complete on March 15, 2006. Exhibit 1, Attachment E. 3 There are two single family residences with detached garages and accessory buildings currently on the property The residences and garages will remain, but the accessory buildings will be removed. Exhibit 1, Staff Report, page 3; Exhibit 1, Attachment A, Prebmfnary Plat Map; Testimony of Mr Gilbert; Testimony of Mr. Jaege,,. 4. The property is zoned SR-6, Single Family Residential. Kent City Code (KCC) lot standards applicable to the SR-6 zoning include a maximum gross density of 6.05 Findings, Conclusions and Decision Hearing Examiner.for the Cav of Kent Braun #SU-2005-18(K1VA #RPP3-2060100) Page 2 of 19 dwelling units per acre, minimum lot area of 5,700 square feet, and minimum lot width of 50 feet With the exception of lot 16, the proposed lots meet these standards. KCC 15.04.170; Exhibit 1, Staff Report, pages 2, 11, 12; Exhibit 1, Attachment A, Preliminary Plat Map. 5 As proposed, lot 16 accesses the private road via a 24 foot wide panhandle. The panhandle does not comply with KCC 15.04.170 and must be removed. Instead, access to lot 16 may be provided via an easement or private access tract along either lot 15 or lot 17. Exhibit 1, Staff Report, pages 2, 8, 11, 12; Exhibit 1, Attachment A, Preliminary Plat Map; Testimony of Mr Gilbert. 6 The City of Kent Comprehensive Plan contains goals and polices designed to limit urban sprawl, locate residents near existing services, and provide a wide variety of housing types, by supporting in-fill development of vacant or underdeveloped properties. Exhibit 1, Staff Report, pages 6-7. 7. The property contains two wetlands (Wetlands A and B). Wetland A is a Category 3 wetland measuring 187 square feet. Wetlands B is a Category 2 wetland measuring 3,635 square feet. A type 3 stream associated with the wetlands runs across the center of the property. Exhibit 1, Staff Report, page 4; Exhibit 1, Attachment F, Environmental Checklist. 8. The proposed development will place a road across the center of Wetland B, impacting 1, 448 square feet of wetland, In compliance with KCC 11.06, Applicant proposes to mitigate the impact by recording a sensitive area easement or deeding the property to the City for preservation of wetland functions and values, and complying with the approved wetland mitigation plan. The Applicant testified that the proposed mitigation will enhance the wetlands. Exhibit 1, Staff Report, pages 4, 6, 21-22, Testimony of Mr. Jaeger. 9. The property contains trees with diameter of six inches or greater, requiring a tree retention plan for each lot with the trees. Section 15.06.240 of the KCC requires such trees to be retained unless removal of the trees is authorized by the Planning Department after review of a tree plan Subsection 5 of the ordinance authorizes the Planning Department to require modification of the development plan to ensure the retention of the maximum number of trees The Applicant has not yet submitted a tree plan.] Exhibit 1, Staff Report, pages 11-12. 10. The proposed development features a new access road perpendicular to SE 2441h Street. The new access road will connect the individual lots with SE 244th Street. The new access road requires a 50 foot right of way, which will encroach onto the 5 foot side yard setbacks of the existing residence on lot 3. In addition, the access road as proposed curves slightly upon entering the property, at which point it does not meet the required minimum 50 foot centerline alignment The City suggested that one or both of the existing residences be moved or destroyed in order to comply with the 5 foot side yard setback requirement. Mr. Jaeger testified that the Public Works Director has Findings, Conclusions and Decision Hearing Esanuner for the Ci(i of Kent Braun #SO-2005-16(K)VA#RPP3-2060100) Page 3 of 19 discretion to approve a non-compliant right of way when common sense requires and the safe flow of traffic is not at risk. He requested a condition to allow the exercise of this discretion. It does appear that a waiver of right-of-way requirements would be appropriate in this situation. Exhibit 1, Staff Report, pages 2, 11, 18; Exhibit 1, Attachment A, Preliminary Plat Map, Testimony of Mr. Gilbert, Testimony of Mr. Jaeger. 11 The City of Kent Comprehensive Plan designates SE 244th Street as a Residential Collector Street. City road standards require 60 feet of public right-of-way, 36 feet of asphalt pavement (two traffic lanes), curbs and gutters, two five-foot wide concrete sidewalks, a five-foot wide planter strip, a storm drainage system, a street lighting system, and public utilities. The existing street section provides a 60 foot right-of-way with about 20 feet of asphalt. There are no curbs, gutters, storm water drainage system, cement sidewalks, or street lighting system. Exhibit 1, Staff Report, pages 4-5; Exhibit 1, Attachment B, letters from Ms. Klein; Testimony of Mr. Gilbert; Testimony of Mr. Jaeger; Testimony of Ms. Klem; Testimony of hfr. Gillespie. 12. The Department of Public Works has determined that the existing street section is inadequate. It will not provide a 20 year service life, and will need an asphalt overlay or rebuild to maintain an acceptable level of service while accommodating increased volume. In addition, the City identified the street as having substandard pedestrian walkways. Exhibit 1, Staff Report, pages 4-6; Exhibit 1, Attachment B, letters from Ms. Klem; Testimony of Mr. Gilbert; Testimony of Ms. Klein. 13. The Mitigated Determination of Nonsignificance (MDNS) issued for the proposal requires the Applicant to mitigate traffic impacts by (a) preparing a Traffic Impact Study and constructing those Improvements necessary to raise the Level of Service of affected intersections above City standards; or (b) paying a fair share of the estimated construction costs of the City's South 272n6 Street/South 277th Street Corridor Project. Exhibit 1, Attachment F. 14. The City will require the Applicant to install sidewalks along the SE 244th Street frontage of the development property, and along the proposed access road. To ensure the safe walking conditions for students who travel to and from George Daniel Elementary School, Condition 2 of the MDNS requires that the Applicants (a) prepare a Pedestrian Walkway Improvement Plan and construct those improvements; or (b) at the discretion of the Public Works Director', pay $1500/acre into the School Pedestrian Walkways Fund. The City testified that the Department of Public Works would accept the fee in lieu of construction when installation of sidewalks to the school would not have feasible proportionality. Exhibit 1, Staff Report, page 6; Exhibit 1, Attachment F; Testimony of Mr Gilbert; Testimony of Mr Jaeger, Testimony of Mr. Gillespie. The Hearing Examiner notes that there are no apparent standards to guide the Public Works Director's determination of when payment in lieu of a Pedestrian Walkway Plan is appropriate. To prevent arbitrary decsions, it may be appropriate for the City to define some guidelines. Findings, Conclusions and Decision Hearing Liamirter for ilre City of Kent Braun #SU-2005-18(KIVA #RPP3-2060100) Page 4 of 19 15. Two neighbors of the proposed development testified at the hearing. Ms. Klem testified of her concern about the cumulative impact on traffic of development along SE 244`h Street. Ms. Klem stated that she is particularly concerned about safe traveling conditions for school children. Exhibit 1, Attachment B, letters from Ms. Klem,- Testimony of Ms. Klem. Mr. Jenkins reiterated Ms. Klem's concern about increased traffic arising from the development in the aggregate. As a downstream property owner, Mr. Jenkins also expressed concern about the effect of development on the stream which flows through Applicant's property Mr. Jenkins testified that previous development on other properties had already impacted the quality and flow of the stream, although there had been no flooding. Testimony of Mr. Jenkins. In addition, Nina Gaik submitted a letter to the City requesting review of a public sewer easement running along the north edge of the Applicant's property Exhibit 2 In response to the these concerns, the City testified 1) that the City of Kent has chosen to deal with additional traffic by improving the east-west corridor to minimize residential traffic; 2) that school walkways will connect with each new development and City coordinates capital improvement protects with the schools based on the level of funds and safety needs of the students; 3) each new subdivision has met the stormwater requirements, and that even though flow may increase, it will be metered out through the stormwater detention process to eliminate flooding. Testimony of Mr. Gillespie. Mr. Jaeger responded to Ms. Gaik's letter, stating that the sewer easement in question is already functioning and as a critical element to the overall sewage system cannot be moved without detriment to other property holders. He noted that the property owners had notice of the easement when their property was purchased. In response to Mr. Jenkins' concern, he noted that there is often some residual sediment in a downstream area following the first year of a development, but that this should clear after those first rainfalls as vegetation fills in the area and the stormwater system begins to fully function He noted that there is no increase in the quantity of water flow and that any concerns about flooding would be reduced due to additional control of the release of stormwater Testimony ofNlr Jaeger. 16. The City testified that requiring individual developers to install frontage sidewalks is a fair way for the City to grow incrementally with the increased demand. The City indicated that although there is no set time frame, with the new developments along SE 244th Street, it will not be long before the sidewalk is fully connected If residents want to petition the City to form an LID and install sidewalks, they are free to do so as an alternate method of construction sidewalks in a neighborhood. Exhibit 1, Staff Report, page 6, Testimony of Mr. Gilbert, Testimony of Mr. Jaeger, Testimony of Mr. Gdlesple. 17. The property is within Kent School District No. 415. Pursuant to KCC 12.13.160, each lot would be assessed an impact fee at the time of construction permit issuance to mitigate the impact of additional students on school district facilities. Exhibit 1, Staff Report, page 9. 18. The King County Department of Metropolitan Services (METRO) serves the property through a bus stop at 1041h Avenue SE and SE 2441h Street, and a park and ride facility Findings, Conclusions and Decision Hearing L'eaminer jor the City of Kent Braun #SU-2005-18(KfVA#RPP3-2060100) Page 5 of 19 located on James Street. METRO was notified of the preliminary plat application but did not request additional transit improvements. Exhibit 1, Staff Report, page 10. 19 Each of the lots will be connected to water and sewer service provided by the City of Kent. Exhibit 1, Staff Report, page 10. 20. The Applicant proposes to detain and treat stormwater runoff from the site in a combined detention pond/stormwater wetland to be located between Wetland BN and lot 14. The facility would provide Level 2 flow control and Resource Stream Protection water quality treatment. The facilities would release the treated runoff into the wetland tract at a controlled rate. Exhibit 1, Staff Report, page 15, Testimony of Mr. Gillespie. 21. KCC 12.04.780 requires developers to dedicate five percent of the site area as open space for parks or pay a fee in lieu of dedication. The Applicant proposes to pay the fee. The fee amount, based on 2006 tax assessment records from the King County Assessors Office, would be $22,800 Exhibit 1, Staff Report, page 9. 22. The City of Kent acted as lead agency for review of environmental impacts caused by the proposal. The City issued an MDNS for the plat on June 5, 2006. The MDNS contains two conditions (1) requiring the Applicant to submit a Traffic Impact Study and construct the transportation improvements called for in the study or pay an Environmental Mitigation Fee representing the project's fair share of the Clty's South 272°d Street/South 2771h Street Corridor Project; and (2) requiring the Applicant submit a Pedestrian Walkway Improvement Plan and construct those improvements, or at the discretion of the Public Works Director, pay a fee of $1500/acre to the School Pedestrian Walkways Fund. The MDNS was not appealed. Exhibit 1, Attachment F; Exhlbit 1, Staff Report page 3. 23. Notice of the open record hearing was posted on site on June 16, 2006, mailed to properties within 300 feet of the site on June 16, 2006, and published in King County Journal on June 16, 2006. Exhibit 1, Attachment D. CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold a hearing on preliminary plat applications; to consider all evidence presented at the hearing; and, based on that evidence, to approve, disapprove or approve with conditions the preliminary plat. KCC2.32; KCC12.04; RCW58.17. Criteria for Review The decision of the Hearing Examiner must be supported by the evidence presented and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. Findings, Conclusions and Decision Hearing Examinerfor the Cm,ol'Kent Braun #SU-2005-18(KIVA #RPP3-2060100) Page 6 of 19 The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the KCC and Chapter 56.17 of the Revised Code of Washington (li The review criteria include the following: A Under KCC 12.04.635, no subdivision shall be approved unless the proposed subdivision: 1. Creates legal building sites, which comply with all provisions of KCC Title 15, Zoning, and health regulations; 2. Establishes access to a public road for each segregated parcel; 3. Has suitable physical characteristics (i.e. a proposed plat may be denied because of Flood, inundation or wetland conditions; slope, soil stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval); 4. If adjacent to another municipality or King County, takes into consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; 5. Makes adequate provision for stormwater detention, drainage ways, water supplies, sanitary wastes, and other public utilities and services, as deemed necessary, and 6. Makes adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public ways. B Under KCC 12 04.685(A), a proposed subdivision and dedication shall not be approved unless the City finds that: 1. Appropriate provisions have been made for: a. The public health, safety and general welfare of the community; b. Protection of environmentally sensitive lands and habitat, C. Open spaces; d. Community parks and recreation; e. Neighborhood tot lots and play areas; f. Schools and school grounds; g. Drainage ways; h. Stormwater detention; 1. Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other planning features that assure safe walking conditions within and between subdivisions and neighborhoods for residents and students who walk to and from schools, parks, transit stops and other neighborhood services; j. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods; k. Transit stops; I. Potable water supplies; m. Sanitary wastes; n. Other public utilities and services, as deemed necessary; and 2. The City has considered all other relevant facts; and Findings. Conclusions and Decision Hearing Examiner jor the Ctty of Kent Braun #SU-2005-18(Kt VA#RPP3-2060100) Page 7 of 19 3. The public use and interest will be served by the platting of such subdivision and dedication; and 4. The City has considered the physical characteristics of a proposed subdivision site. These criteria as set forth in the Kent City Code are essentially identical to those in the Revised Code of Washington. These criteria must also be met by the application before a decision of approval can be made. RCW 58.17.110 requires that: Appropriate provisions must be made for the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and the public interest must be served by the subdivision. Conclusions Based on Findings 1 With conditions, the proposed development is consistent with the provisions of KCC 12.04 and RCW 58.17.110. A. With conditions, the proposed development would comply with the standards set forth in KCC 12.04.635. The subdivision would create legal building sites, each with access to SE 244th Street via a new private road. With mitigation of wetland impacts in accordance with the approved mitigation plan, the subject property would have suitable physical characteristics for residential development. Adequate provision would be made for stormwater detention, water, and sewer. The internal street and sidewalk would connect to SE 244`h Street. Further street connections would not be appropriate for this development. Findings Nos. 4, 7, 8, 10, 19 and 20. B With conditions, appropriate provisions would be made for the public health, safety, general welfare as identified in KCC 12.04.685. The proposed private street improvements and payment of mitigation fees would provide for public safety and mitigate the traffic impacts of the development. The wetlands on site would be protected in accordance with City ordinances and the approved mitigation plan. Open spaces would be provided within the wetland and drainage tracts. The development's impact on community parks would be mitigated through payment of a fee in lieu of dedication, and its impact on schools would be mitigated through payment of impact fees at the time of construction permit issuance. Stormwater runoff would be treated and detained on site in accordance with City standards. Appropriate provision would be made for sidewalk connectivity. Adequate facilities would be provided to ensure safe walking conditions for students walking to and from school. Transit service would be available to residents through a bus stop on SE 244th Street and a nearby Park and Ride facility. Water and sanitary sewer service would be extended to each of Findings, Conclusions and Decision Hearing Evan inerfor the City ofKent Braun #SU-2005-18(KlVA #RPP3-2060100) Page 8 of 19 the lots. The physical characteristics of the site have been considered, and such characteristics would not prevent development of the site as proposed. Findings Nos. 7-22 C. Based on the above conclusions, the requirements of RCW 58.17.110 have been satisfied DECISION Based on the preceding Findings and Conclusions, the request for approval of a preliminary plat to subdivide 4 69 acres of land into 18 single-family residential lots is GRANTED, subject to the following conditions: A. PRIOR TO RECORDING THE PLAT FOR THIS SUBDIVISION: 1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. 2. The Owner / Subdivider shall provide Public Works with a digital plat map prepared with a CAD program. The digital Information can be formatted In either *.DWG (AutoCad) or *.DXF (Drawing Exchange File), but must be based upon State Plane coordinates: an assumed coordinate system is not Permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and must relate to at least two City of Kent reference points within one half mile of the subdivision. In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The locations, descriptions and elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify the required precision. 3. The Owner / Subdivider shall submit and receive City approval for engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A public gravity sanitary sewer system to serve all lots. The public sanitary sewer system shall be extended from the existing public sanitary sewer system and shall be sized to serve all off-site properties within the same service area; In addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the sanitary sewer purveyor, Findings, Conclusions and Decision Hearing Exannner far the City of Kent Braun #SU-2005-18(KIVA#RPP3-2060100) Page 9 of 19 The septic system serving the existing homes) within the proposed subdivision - if any - shall be abandoned in accordance with King County Health Department Regulations b. A public water system meeting domestic and fire flow requirements for all lots. The public water system shall be extended and shall be sized to serve all off-site properties within the same service area; in addition, the water main shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the water purveyor. Existing wells — if any - shall be abandoned in accordance with the requirements of the Department of Ecology. C. A stormwater system. The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM) Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal requirements): (1) The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan shall be included in the engineerng plans The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and Planning Services approved Detailed Tree Plan (3) The retention / detention and release standard that will be met by the subdivision is Level Two. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. Please note that the tentative plat plan submitted on August 3, 2005 is showing a single Stormwater and Wetland Tract. Stormwater and Wetland tracts can not be combined into a single tract. (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention / Findings, Conclusions and Decision Hearing Exanunei for the City of Kent Braun 4SU-2005-18(KIVA #RPP3-2060100) Page 10 of 19 detention pond tract at an appropriate engineering scale to show that the proposed on-site or off-site retention / detention tract is large enough to contain the required minimum stormwater storage volume and water quality facility. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers. (5) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality. Refer to the requirements of Technical Information Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses. (6) Roof downspouts for each roofed structure (house, garage, carport, etc.) shall be directed to a Roof Downspout Infiltration System meeting the requirements of Section C.2, flow Control BMPs, in Appendix C to the King County Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system The Drainage Plans will include an approved detail for the Roof Downspout Infiltration System. The face of the recorded plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS. (7) If determined necessary by the Public Works Department following review and approval of the required downstream analysis the Owner / Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. (8) The stormwater outfall and energy dissipation structure (as approved by Environmental and Development Engineering Sections) shall be located as close to the outer edge of the stream and wetland buffers as allowed by topography and the proper functioning of the stormwater system. (9) The Owner / Subdivider of this subdivision shall contact the Owner / Subdivider of the abutting development, the Feng Short Findings, Conclusions and Decision Hearing Examiner for the City of Kent Braun #SU-2005-18(K/VA #RPP3-2060100) Page 71 of 19 Plat, SP 2005-28, in order to explore a single public stormwater management facility for the two abutting developments. (10) The Owner / Subdivider shall submit Landscape Plans for within and surrounding the retention / detention facility to Planning Services and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual Landscape Plans are required to show adjacent Street Trees so that the City arborist can assess potential adverse stress upon all types of vegetation. (11) The Owner / Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits: phasing of grading on a lot-by-lot basis will not be considered. (3) These plans will use a 2-foot maximum contour interval, and every fifth contour line will be darker in conformance to standard drafting practice. e. Interim Street Improvement Plans for Southeast 244`h Street along the entire property frontage thereon. These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and # 6-8, Street Improvement Findings, Conclusions and Decision Hearing Exam nterfor the City q Kent Braun #SU-2005-18(K1VA #RPP3-2060100) Page 12 of 19 Plans, for a street designated as a Residential Collector Street within the City of Kent Comprehensive Plan. Initial guidance for the necessary interim street improvements is given below: (1) Combined vertical concrete curbs & gutters, a 5-foot wide planter strip, and a 5-foot cement concrete sidewalk along the north side of the street. (2) A minimum of 18-feet of Hot Mix Asphalt (HMA) pavement as measured from the approved centerline of the street to the face of curb on the north side of the street, plus at least 12-feet of HMA pavement as measured from the centerline of the right-of- way to the edge of the traveled lane on the south side of the street, plus a City-approved shoulder on the south side of the street. The entire HMA pavement width of 34-feet specified above shall be provided with a 20-year service life as determined by the process identified in the City of Kent Development Assistance Brochure #6-2, Private and Public Street Requirements. (3) A City-approved street lighting system. (4) Public stormwater conveyance, detention and treatment facilities as applicable. (5) Street Trees installed within the 5-foot wide planting strips constructed between the back of curb and the front of the cement concrete sidewalk. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. (6) Overhead utilities are currently in service along the north side of Southeast 2441h Street. Wood utility poles will not be permitted within the planter strip or within the sidewalk. The overhead utilities will be placed on new poles located behind the sidewalk; these new poles will be tall enough to permit the installation of a street lighting system having a 10-foot minimum clearance to the lowest electrical wire for that overhead service. f. Street Improvement Plans for the new public Residential Street connected P to Southeast 244`h Street and terminating with a permanent cul-de-sac bulb at its northerly terminus The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure Findings, Conclusions and Decision Hearing Eaminer for the Cay of Kent Braun #SU-2005-18(K1VA #RPP3-2060100) Page 13 of 19 # 6-8, Street Improvement Plans for a street 28-feet wide. Initial guidance for these street improvements is given below: (1) Combined vertical curb & gutter, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then a 5-foot wide cement concrete sidewalk along both sides of the street. (2) A minimum of 28-feet of Hot Mix Asphalt (HMA) pavement, as measured from face of vertical curb to face of vertical curb. (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by the Home Owner's Association created for this subdivision. (4) The vertical and horizontal alignment of this public street must conform to the minimum standards for a Residential Street. The proposed centerline alignment does not provide the minimum 50- foot recovery tangent required between the two horizontal curves. In addition, if both houses are going to remain, then this public street does not provide the minimum setbacks from the edge of right-of-way. One or both of these houses may have to be removed or relocated before construction plans for this public street can be approved by Public Works. At the discretion of the Public Works Director, this requirement may be waived if it is determined that safe ingress and egress is possible without the removal or relocation of existing houses. (5) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (6) Curb return radii of 20-feet at the intersection of the subdivision street and Southeast 244th Street, and a 45-foot radius to the face of curb for the permanent cul-de-sac bulb. (7) Street Trees installed within the 5-foot wide planting strips. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. g. Street Improvement Plans for any new Private Residential Streets connected to the new internal Residential Street and terminating with a permanent cul-de-sac bulb, or approved turnaround at their terminus. The Street Improvement Plans for this street shall be designed in Findings, Conclusions and Decision Heuring Examine; for the City ofKent Braun #SU-2005-18(KIVA #RPP3-2060100) Page 14 of 19 conformance to the requirements for a Private Residential Street as required by City of Kent Construction Standards, and CIty of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street at least 20-feet wide. Initial guidance for these street improvements is given below: (1) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from the edge of pavement to edge of pavement, except where the Fire Marshal requires additional pavement width for emergency vehicle access. (2) An approved cul-de-sac bulb, or turnaround at its terminus, unless these additional street improvements are not required by the City Fire Marshal (3) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (4) Fire Lanes - if any - shall be marked as directed by the Fire Marshal. (5) The private streets must be centered within a private roadway tract or easement that is at least 1-foot wider than the total width of the private street and sidewalk combination. h. Street Lighting Plans for both public streets meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements. NOTE: Any wood utility poles scheduled to remain after street improvements are complete for Southeast 244`h Street will need be relocated behind the back of sidewalk, and the overhead wires must be raised as necessary to provide a minimum 10-foot clearance between the lowest wire and the street lighting poles, arms, and luminaries. 4, The Owner / Subdivider shall create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised of their requirement to pay for the provided street lighting system. Those sections of the required document written to govern that association as they relate to any IntoLight Division of Puget Sound Energy street lighting systems, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents. Findings, Conclusions and Decision Hearing Examiner for the Cuy of Kent Braun #SU-2005-18 (KIVA #RPP3-2060100) Page 15 of 19 5. The face of the final plat will clearly identify all private streets, and which lots will be served by those private streets. The face of the final plat will also specify that the maintenance of all private streets is the sole responsibility of the property owners who are served by those private streets. 6. Direct vehicular access to and from lots having frontage along Southeast 2441h Street is prohibited, and the face of the final plat will carry the following restriction: DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG SOUTHEAST 244"' STREET IS PROHIBITED. ACCESS FOR THESE LOTS IS RESTRICTED TO THE PRIVATE AND PUBLIC STREETS SHOWN WITHIN THIS PLAT. 7. The Owner / Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. 8. The Owner / Subdivider shall submit and receive approval for a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and Crty of Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance of any Construction Permits for the subdivision. Grading Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan. Detailed Tree Plans are not to be confused with required Street Tree Plans, which have an entirely different purpose. 9. The Owner / Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and it's buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area, in conformance to the requirements of the City of Kent Wetlands Management Code. This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate. The Owner J Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS / EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT THE SENSITIVE AREA TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE Findings, Conclusions and Decision Hearing Examiner for the City of Kent Braun #SU-2005-18(KIVA#RPP3-2060100) Page 16 of 19 OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. 10. The Owner / Subdivider shall permanently protect the approved and preserved, and/or enhanced, or relocated creek and it's buffers) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area, in conformance to the requirements of the City of Kent Zoning Code. This Sensitive Area Tract or Easement shall be consistent with the creek and creek buffer map contained within the approved topographic and boundary survey provided for this subdivision The Owner / Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits The Sensitive Area Tract or Easement shall be deeded or granted to the city for drainage utility purposes for which said purposes shall take priority over all other rights and restrictions (present or future) encumbering the described property. In addition the following language for the Sensitive Area Tract or Easement shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS / EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT THE SENSITIVE AREA TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE Findings, Conclusions and Decision Hearing E_rantwer for the Cn1v of Kent Braun #SU-2005-18(KIVA#RPP3-2060100) Page 17 of 19 OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT THE COMMON BOUNDARY BETWEEN THE TRACT J EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. 11. After construction, the wetland and buffer areas shall be isolated from intrusion and/or disturbance using an approved permanent wildlife-passable fence (split- rail cedar) In addition, Wetland Information Signs approved by the Department of Public Works shall be placed at the wetland buffer edge to inform and educate owners and nearby residents about the value of wetlands. 12. The Owner / Subdivider shall provide the Department of Public Works with a copy of an approved Hydraulic Project Approval (HPA), OR A WRITTEN WAIVER THERE FROM issued by the Washington State Department of Fish and Wildlife with the first submittal of Construction Plans Contact Larry Fisher of the Washington State Department of Fish and Wildlife at (425) 649-7042 for additional information 13. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and Cdy of Kent Development Assistance Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer, Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 14. The owner/subdivider shall designate the panhandle portion of proposed lot 16 as either a separate tract or easement over an adjacent lot. Findings, Conclusions and Decision Hearing C-iamu:er for the City of Kent Braun #SO-2005-18(K/VA#RPP3-2060100) Page 18 of 19 B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION, THE OWNER / SUBDIVIDER SHALL: 1. Record the Plat. 2. Construct all of the improvements required in Section A, above, and/or pay the respective fees-in-lieu-of including any mitigation (EMA or EMF) charges. 3. Receive approval of the required As-Built Drawings for Street, Street Lighting, Water, Sewer, and Stormwater Management Facilities as deemed appropriate by the Department of Public Works. 4. Construct all wetland mitigation plans, wetland and stream buffer plans, install all required wildlife passable fences and any other conditions to protect or enhance critical areas. DATED this 19" day of July 2006. I THEODOREPAULHUNTER Hearing Examiner S:\Permit\Plan\LONGPLATS�2005\2060100-2006-18flndmgs.doc Findings, Conclusions and Decision lleui ing Ewininer far the City of Kent Braun #SU-20G5-16(KIVA #RPP3-2060100) Page 19 of 19 DISTRIBUTION OF HEARING EXAMINER MATERIAL THE FINDINGS OF BRAUN #SU-2005-18(2060100)WERE SENT TO THE FOLLOWING ON July 19, 2006 Send by e-mail to the following Hard copy placed in files Public Works Director, Steve Merryman, Mike Hearing Examiner File Gillespie,Jim Storment, Frank Spanjer,Carol Storm, Planning Department File Gary Gill, Frank Grewell Parks Director, Lori Flemm Hard copy mailed to Building Official Administration City Council Reading File Fire Prevention Kent School District Attn Don Walkup City Clerk Kent School District Attn Gwenn Derdowski Planning Charlene Anderson, William Osborne City Council (rezones and plats only) Kent Reporter Hard copy sent to the following parties of record Applicant: Other: Harry Singh Diane B Klem 21625 4t' Avenue S 24218 111th Avenue SE Normandy Park, WA 98198 Kent, WA 98030 Consultant: Jack Jenkins James Jaeger 24205 111'h Avenue SE 9419 S 204th Place Kent, WA 98030 Kent, WA 98031 Nina Gaik 27419 125" Court SE Kent, WA 98030 Declaration of Service Under penalty of perjury and pursuant to the laws of the Stale of Washington, I hereby state and declare that on this date I caused to have delivered via Email and regular First Class mail, a true and correct copy of the Hearing Examiner Decision to Lhe above-listed parties Executed at Kent, Washington on this I q day of , 2006 ctvA.& "-e l� Declarant Chris Holden S 1PermdlPianILONGPLATS1200512060100-2005-18fmdist doc KENT Agenda Item: Consent Calendar - 7P TO: City Council DATE: February 7, 2012 SUBJECT: Appointment to Kent Arts Commission - Confirm MOTION: Confirm the Mayor's reappointment of Wendy Johnson to the Kent Arts Commission and confirm the Mayor's appointment of Jennifer Dye to the Kent Arts Commission each for four year terms. SUMMARY: Confirm the reappointment of Wendy Johnson and appointment of a new member Jennifer Dye to Kent Arts Commission for four year terms - ending October 31, 2015. Wendy has served for one term on the Arts Commission and has requested reappointment. Her new term will expire October 31, 2015. Mayor requests appointment of Jennifer Dye to her first term on the Arts Commission with her term expiring October 31, 2015. Jennifer is Program Director for American Colleges of Mixed Martial Arts on Meeker Street in Kent. Jennifer would like to give back to the community and with her strong interest and background in arts, she felt the Arts Commission would be the best fit. EXHIBITS: Letters of interest from Jennifer Dye RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None Mayor Suzette Cooke City of Kent 220 Fourth Ave. S. Kent, WA 98032 January 10, 2012 Dear Mayor Cooke, I am writing to express my interest in the position of Kent Arts Commissioner. On the recommendation of Dana Ralph, I met with Ronda Billerbeck last Wednesday, and was genuinely excited about the opportunity to serve our city and promote the arts to its citizens. I'm not sure if you remember me, but I met you on December 12th at the Ribbon Cutting Ceremony for the Grand Opening of my business, American Colleges of Mixed Martial Arts. It was an honor to finally meet you in person, and you were so gracious to take time out of your schedule to attend our event. I have been a citizen of Kent or had a business in Kent since 1990. My children both attend school in the Kent School District, and I have also worked for the Kent Parks and Recreation Department as either an employee or sub-contractor since 1995. We are so excited to bring our martial arts school back to Kent. I have always been grateful to have a lot of support for our programs from the city; and we are excited to be able to give back to our community by providing relevant and interesting classes for all ages. Although I am busy running our school, part of our philosophy of Black Belt Excellence requires that one give back to their community. I would very much like to serve on the Arts Commission, and I feel that I have several qualifications that would make me a good candidate for the position. First, I have a strong background in the arts and arts education. I was a ballet dancer and performer from the age of five, and studied dance in college. I received a Bachelor of Fine Arts Degree from Cornish Institute of Allied Arts in 1985. I taught dance and fitness classes for 10 years until my son was born. At that point, I was referred to the Kent Parks and Rec program by my college friend, Mary Murphy-Brown and taught dance classes there from 1995 - 2000; when I began studying martial arts. Besides dancing, and training in the martial arts, I love to paint, sing, and am hoping to learn to play the drums this yea! I also enjoy writing and poetry. I believe that everyone needs to have creativity and inspiration in their lives, and that the arts are a vital part of education for our children. Although these programs are often the first ones cut in today's trying financial times; I feel that the government has an obligation and responsibility to provide other outlets to children and adults if there is not access through the public school system. I would very much like to be an advocate for the arts and to help more people experience the wonder and magic of doing something creative! Second, I have served on several committees and advisory boards; and have experience with policy, procedure, and collaboration. My husband and I were active members in the Lions Club for several years, until our business grew to the point that we were not able to attend meetings regularly. We still volunteer each year for Cornucopia Days, and I served as Chair of the Entertainment Committee a few years ago. I enjoyed that immensely, as I was able to "audition" numerous artists for the stage performances. I have also been an evaluator for the Kentwood Dance Team tryouts, and have been a willing and eager spectator to many local performances, Third, I teach to both children and adults, and have extensive public speaking experience. I enjoy presenting and especially like to emcee for our Demo Team. In my career as a property manager, I was a Regional Trainer and PR liason. In that role I would frequently debut new apartment communities and work with the press to promote the events. Lastly, I thoroughly enjoy new challenges. I love to meet new and interesting people and learn about their professions. As an example, I recently participated in the Kent Community Police Academy and it gave me a whole new appreciation for our officers and all that they do. It helped me to further develop the curriculum for my business, and I learned so much from that experience. I believe the best teacher is the one who continues to learn and grow themselves. In conclusion, I hope that you will review my qualifications and consider me for the position of Arts Commissioner. Should another candidate be chosen, I hope that you will consider me for other appointments that you feel would match my skill set, Thank you for your time and consideration, Respectfully, Jennifer Dye Program Director American Colleges of Mixed Martial Arts 704 West Meeker Street Kent, WA 98032 253-653-5696 KENT Agenda Item: Consent Calendar - 70 TO: City Council DATE: February 7, 2012 SUBJECT: PSE Access Easement and Agreement - Horseshoe Bend Levee - Authorize MOTION: Authorize the Mayor to execute a construction agreement and an access easement with Puget Sound Energy to accommodate the construction of the Horseshoe Bend levee improvements, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As part of the certification of the Horseshoe Bend Levee, the City must construct a secondary levee along a portion of the west end of the Horseshoe Bend. Part of this secondary levee will run through the east end of the Puget Sound Energy (PSE) Natural Gas Limit Station on 80th Ave. S. and will permanently block off the existing access to the site from 80th Ave. In order to construct the levee, certain items of work need to be made on the PSE property to accommodate the levee and provide for alternate access. The City has been working closely with PSE on all aspects related to this work. The City will be working separately with PSE to obtain permanent rights on the PSE property for the levee. These agreements are on the public works committee agenda for Monday, February 6, 2012. If passed by unanimous vote by the committee, this item will remain on consent; if not, it will be moved to Other Business. EXHIBITS: Access Easement and Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: All costs for work included in this Agreement shall be billed to the Department of Ecology $10 million grant for the Horseshoe Bend Levee. The conveyance of the access easement shall be a no cost item and is considered a "cost to cure" for the loss of access off of 80th Avenue South. Draft AFTER RECORDING RETURN TO. Engineering Department ATTN: Mark Madfai City of Kent 400 West Gowe St. Kent, Washington 98032 GRANTOR: CITY OF KENT GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: PTN Lots 2 & 3 SP# 684072 ASSESSOR'S PROPERTY TAX PARCEL: 346280-0005 & -0007 Project: Horseshoe Bend Title # 686690 & 91 ACCESS EASEMENT WITNESSETH that the CITY OF KENT, a Washington municipal corporation ("Grantor"), for and in consideration of mutual benefits derived and other valuable consideration, receipt of which is hereby acknowledged by Grantor, hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("Grantee"), a nonexclusive easement for ingress and egress to and from Grantee's facilities (said facilities being situated on King County Tax Parcel # 346280-0006), over, across, and upon Grantor's real property situated in King County, Washington, as legally described on Exhibit A (the "Property") and graphically described on Exhibit B. City of Kent Access Easement to PSE Page 1 of 5 Draft 1. Purpose and Access. The easement area shall be 16.50 feet in width and shall encumber said Property as approximately shown on the illustration attached as Exhibit B and incorporated herein (the "Easement Area"). Grantor shall construct and maintain, at its sole cost and expense, an access way and certain improvements including bollards within the Easement Area consistent with the design and specifications as generally described on Exhibit B. Grantor covenants that it shall not materially restrict or unreasonably interfere with Grantee's use of or access to any city or public roads immediately adjacent to the Access Easement Area. Grantee shall have the right to use the Easement Area only upon such access way and any incidental areas immediately adjacent thereto, and only for ingress and egress to and from Grantee's facilities. Grantee shall not have the right to construct or maintain any improvements in the Easement Area. Grantee shall compensate Grantor for any damage to the Property caused by Grantee's negligence in the exercise of such right of access by Grantee. 2. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. 3. Future Relocation. Should Grantor, at its sole discretion, require the relocation of the Easement Area for any public purpose, Grantor may relocate the Easement Area, provided that Grantor gives written notice to Grantee ninety (90) days in advance of said relocation. Grantor covenants with Grantee that any new Easement Area shall be in the vicinity of the original Easement Area, on the Property and immediately adjacent to one or more city or public roads, and that Grantor shall construct and maintain a new access way in the relocated Easement Area at Grantor's sole cost and expense, subject to Grantee's reasonable approval. Grantor shall, at all times during any relocation, provide Grantee with reasonable access to Grantee's facilities. Upon written notice of relocation, if Grantee does not wish to use the new Easement Area for ingress and egress, Grantee may choose to instead terminate this easement, and the provisions for termination in Section 5 hereafter shall apply. 4. Indemnity. Grantee shall defend, indemnify and hold harmless Grantor from and against claims and liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee; provided, however, nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the sole negligence of Grantor or the negligence of others unless such others are agents of or otherwise under the control of Grantee. Grantor shall defend, indemnify and hold harmless Grantee from and against claims and liability incurred by Grantee as a result of Grantor's negligence or breach of this agreement; provided, however, nothing herein shall require Grantor to indemnify Grantee for that portion of any such liability attributable to the City of Kent Access Easement to PSE Page 2of5 Draft sole negligence of Grantee or the negligence of others unless such others are agents of or otherwise under the control of Grantor. 5. Termination. The rights herein granted shall continue until Grantor and Grantee agree in writing to terminate the same. Upon termination, Grantee shall repair any portion of the Easement Area damaged by Grantee's activities under this easement, reasonable wear and tear excepted. 6. Successors and Assigns. Grantee shall not have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement, other than to a successor utility company engaged in the business of providing utility service, without first obtaining the prior written consent of Grantor. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of 2012 GRANTOR: CITY OF KENT BY: ITS: Accepted by Grantee: PUGET SOUND ENERGY BY: (Title) (Notary Acknowledgements Appear on Next Page) City of Kent Access Easement to PSE Page 3of5 Draft STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I 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 was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires City of Kent Access Easement to PSE Page 4 of 5 Draft STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of Puget Sound Energy, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P:\Civil\Forms\Deeds,Easements,Quit laim Deed,Leases\PSE Draft Easement(DAG) 1-4-12(Rev Three).doc City of Kent Access Easement to PSE Page 5of5 EXHIBIT--A,--- Lot 2, King CourIty shol't Plat No. 684072, rec(')rded urder Recw.,ding Numbf �d r B506240516, heina, a pOrtioz, of 1, w 2, HorEaEhoe Acre Tracts to Kent, accoiding L,(3 plat there-ot rocorde,,d in Volume 1.5 of Plats, page 10, in Kdng Caiinty, Parhinqv,<ar,; EXCEFT those portions of Lot 2 convpyc�e,� to Kjrjq Cz)uy ty by cjer-a -ecorded under recorting 92DU92.43C and 95GG221158 - AWD Lot, 3, King County Short Plat No, 664072, recorded imcer Recof,ding Number 950624A0936, be-�Inq a portioT of Lots I and 2, Ifc),senhoe P'Cru Tracts to Kent, according to the plat thexLof rcccmled ill VOILawle IS of Plats, pa+:;e 1.0, ir King County, Waghington; FXCEPT LhoEa portA.unu of Lot I conveyed to Mcg clm, ty d1,7F deeds r �cordad under Fr,ccrding Numbers 92042,92454r 550S).71265 and �l�/ !�( // � i i r� rV% ���/ rU✓ iv i!/i ri /!// ��; / /r/i l/1r" , kr i ii / its /r , ; / �/ DG � F� !r j Ali l„N r, la 1/' r %% � 11d11�N111111P/J Itr,.kiOG ael IA /��,iii'/ /y///r // /1l//p/�' 1 ca rg P1I All J%� r� NIUNfif1INIIINIM& 119 °` ao i �� %!%/i j /J t 'r q y; G rl rm It /erg $oe,zep!IIf 1 ,, �y r � ay i� r c ,.,Ww /"'f4mw / / // / ,I rm'r77`i�o�Nllrfl(ri r i, CONSTRUCTION AGREEMENT This Construction Agreement ("Agreement") dated as of is made by and between PUGET SOUND ENERGY, INC,, a 'Washington-corporation ("PSE'"), and the 0tv 1 '( CA 101 f"11`1 a Washington municipal corporation (the "City"). RECITALS A. PSE owns certain real property located at ["'(,�1ni" in (the "Property"), PSE operates a natural gas Iii-n[fing station on the Properly. B. In connection with its H'orseshce Bend Levee project, the City has agreed to install certain hnprovemerAs an the Property as described in Exhibit A ittichod hereto, and rncorporatecj herein j)y Llsltthe attacheci....Marnorandw-r of t1n Jerstanding (the "Work"), C. PSE has agreed to grant the City and its representatives a non-exclusive right of entry and access for a limited period of time for the purpose of performing the Work on the Property subject to the terms, and conditions of this Agreement. NOW, THEREFORE, in consideration of the M1111.1al promises contained herein, the parties agree as fcGlows: AGREEMENT Grant of Access, (,i,) PSE hereby grants the City, Its contractors and/or agents, access to the Property for the purpose of performing the Work, The City shall provide, PSE with at least three (3) business days advance notice of its intent to access the Property. In connection with the Work, the City shall provide to PSE for PSE's approval: (i) detailed plans and specili and (ii) a schedule reflecting commencement and completion of the Work (collectively, the "Plans"), The Work shall not cornmenCO until PSE approves in writing the Plans and the City's scheduie for the Work. PSE's review anti approval of the Plans shall not constitute a representation or warranty by PSE as to the adequacy or sufficiency of the improvements for their intended purposes, The Work shall be conducted at the sole cost and expense of the City. (b)- I N:, t ai.i, ;,h;Oj I i Aly o:w Pal ol oo;o: 11) (1)(1 Ind d ,�,Y,Xh arld ; n,40;) ovoo l 1m'ojod BEpILC.gfjjqMage. The City shall take all reasonable precautions to avoid damage to the Property arid all other proljerty of PSE. The City shall obtain the 4M-NW-4046 01 advance written approval of PSE for any alteratbins, to the Property, If any damage is caused to the Properly in the course of performance of the Work, including without limitation, carnage to any paved surface, landscaping, equipment, or Si then the City shall, at its sole cost and expense, Immediately take all action reasonably necessary to repair the damage and restore the Properly to the condition that existed immediately prior to commencement of the Work, W-o...r-k--S(andard% Compliance with Laws, The City, its contractors andlor agents shall: (a) perform the Work In a professional manner and on a schedule that will minirrize interference with PSE's business and use of the Properly; (b) obtain any and all permits and governmental approvals necessary for performance of the Work; (c) remove all debris and restore Vie Property to its prior condition upon cornpi of the Work; (d) perform the Work in compliance with at applicable laws and regulations. The City shall ensure that its contractors have all required licenses and certifications. Inspection. The Work shall at all times be subject to inspeclion by PSE and its employees, agents or representatives. FISE's inspection of the Work shall not limit in any way the City's obligations under this Agreement, including but not limited to the indemnity obilgations set forth in Section G. Ll..Pfls, The City shall promptly pay (and secure the discharge of any liens asserted by) all persons and entities furnishing labor, equipment, materials or other items in connection with the performance of the Work. The City shall furnish, to PSE such releases of claims and other documents as may be requested by PSE from time to ti me, Indeninitv and Release. (a) The City shall defend, indemnity and hold harmless PSE arid its, shareholders, directors, officers, managers, employees, representatives, agents, successors and assigns from and against any and all claims, costs, losses, liabilities, damages, fines, and expenses of any nature (Including, without lImititicn, reasonable attorneys' fees avid costs) that arise out of or relate to, directly or indirectly lou: (I) any material defect or failure to complete the Work pursuant to the Plans, (ii) the fault,, negillgence, professional error or emission of the City, its contractors and/or agents in connection with the Work, (III) any lien placed on any property of PSE in connection with the Work, {ivy any failure of the City, its contractors and/or agents to comply with any appllcab,le law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority, (v) any failure of the City or its contractors of agents to comply with the requirements, of this Agreement, or (vii) any breach of or default under this Agreement by the City, (b) IN CONNECTION WITH ANY ACTION TO ENFORCE THE ChTYi`S OBLIGATIONS UNDER mis SECTION, THE CITY WAIVES ANY iMMVNITY, DEFENSE OR PROTECTION UNDER ANY WORKERS' COMPENSATION, INDUSTRIAL INSURANCE OR SIMILAR LAWS (INCLUDING, BUT NOT LIMITED To, THE WASHINGTON INDUSTRIAL INSURANCE ACT, TITLE 51, OF THE REVISED 4 U!5-30 92-4 A CA)I Condition of the Property. PSE rnakes no representation or warranty as to (and will have no responsibility or liability for) any aspect or condition of the Property, whether known, unknown, concealed, latert or otherwise. Except as otherwise provided herein, the City assumes all risk of injury, loss or damage to the City, its employees, agents, representatives, and/or contractors which may occur as a result of the City's exercise of its rights under this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement as of the date set forth above, dated: DU ET SOUND ENERGY, INC., a Washington corporation By: ......... Name: Title: Dated: THE CITY OF KENT, a Washington municipal corporation By: Name: Title: O.I25-3N24046 11 EXHIBIT A 482.S-'.0V.4046 Ol Exinioit A In order to construct the levee in front 0 the PSE Gas Limiting SWuroi ori 9C Awl- $.1JhO City agrees to following Ucnis of work to be Included in thec Corstruction AgrVenuent 1, The City will ccineu'uct a retaining waH aktng the wesi:er!y otl of Its new secondary ipvee Tii->wall will be located along the existiup easterly fence line,. A new fence with Mats and 3-sursad Larbt,-�d wire will be Installed on orodjocent to the wall, and will be of adequate nelglit to frrrrvanrt access to the site from the now levee bean. Inc existing access form 90",Ave., S. will be relocated to flip south property line. 2. T he di of t:he will will be sort,to PSE for review of loading, slid depth of foomig-,Is it relates to impacts to the gas lines b0ow it 3. Tire wall will extend south, past the. existing power, conurnionicatiom and irrigation facilities it the SE correr of the site so that no relocaticcri of these Ndlides will The necessary, Existing irrigation to the site Will )D laugi2ir be nV.rcesSafy ali Will he toured in ptace, 4. PSE will be allowed in excavate through the City's secondary levee and wall as mcciessary to access I'S'gas lines ri the case of crriorLoncy, PSE MH he required to obtain the City's permission before beginning work and wall be required to reinstall the wall and levee to,on operable cordiJon as approved by the City a,rid/cmr its engineering consultanLs. 5, City to construct a new access driveway from the south, bully to 1-1.20 AASI-IM) highway leading Aoundainds 6. The City wit construct'a 20-foot wide gote on Lihe existing south fence, line. 7. the city will pri, a ri game on elther This existing west fence line or north fence line m desired lov ESE. 9, The City will install a gravel pad alaprox(rilasifly 30-fecAwide by 9I)4eet lon.o, south of tire exiWri;Y southerly fence kne as shown on the attached plan. 9. Tim City will Install lockint;III ,it The entralice to the access road to the facility,off of S, 261"St. 10, The City will Install locki nb? bollards at Ole access w the lb der entrance.to the Green F[vrir Troll off of sn'l,Aar.to prevent public iialhBcular traffic onto dhe levee. 1,L Tiare,City wO 11 ristal I locking bo I Im ds c in then levee near the intersection of!n 259"' 5t. acid 80"'Ave, S, to prevent I ic vehicular traffic from accessing the lever. 12. The City wit I consider L h e s I tie with tho new i 1i g)rovern o ras to be legal, n oren n for!m ng'to City landscaping requi re menn 5, no addi t lo rial I a ridsca[)i ng%i I I be nec r,,s,s i ry arl id exis tj li ri go t on a n d rnai it enan ce activities:t e x a rip ly will ri r) I ongc r be needed 13, 'fine peal c a(co ss th 1,t W a s requ ir cd for t lie orlig!na i si to do.vOop,rl'Unt hiss Weir replaced laced and is r1c loriger ricictOred oil the PSE property. 14. The City shay Install a pipe to provide thi firUrn the JOW johru('if the P5E property Imated cil the NE corner of the site to the City's 3"Avtrice storiti poect(as approxiinaltely shown crr tire attached plany, ll City w1h Qgmire drat, as a result 0 our levee, wall draw not back tip onto the PSIE FrcIl except for conditions where there is overtopping or a breach of the levee systeirn, 1n which case the city Villi brain the area oftei the lejue 11, repaired and the.water from the flooding Iras reccdecl. 15 The City sha I pay up to$h,000 toward a&Nl SeCILIfity in the form of fighting and survellIancecif(lie site due to the reducer] visibility of the site from the road becausea of the new levee. + � e , rr Ill l✓ /�'r' r r r' � ' �ii � / r/ �r�/r i/r/i r AI/I I r rrr ggx Y I�• r I r/ % 'i� r,'v �/ri�,l � m� mi(✓ I r I� ,I j' it �",r J ��7,� I r � l r rlYi % o" I(r I � ' it� /r /I r } rp III( ° �r I Ij ��i// I �� .� % �' � Op/ , s,°,;,�r ", ' 'r�/i i I 9��A'I� � (�rr� ���1 f%� r/�/%�/��/ ✓r/%/ KENT Agenda Item: Consent Calendar — 7R TO: City Council DATE: February 7, 2012 SUBJECT: Puget Sound Energy Easement — Authorize MOTION: Authorize the Mayor to sign a partial release of easement for Puget Sound Energy overhead facilities, with terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Based on increasing demand for electricity, Puget Sound Energy (PSE) is developing a new power substation in Tukwila, on the west side of the Green River. A new, overhead power line route will be constructed later this year in order to meet this demand and provide increased reliability for its system serving Kent. The new lines will connect the new Tukwila substation with the existing Boeing substation, which is located in Kent. This partial release of easement will allow PSE to construct aerial power lines over the corner of a "No Build" easement that was originally granted by the developer to the city — please see attached drawing. The easement was originally granted to provide vehicle access to the property. The portion of the easement that would be released is not needed for access to the property, as an existing drive aisle already provides it. This Easement is on the public works committee agenda for Monday, February 6, 2012. If passed by unanimous vote by the committee, this item will remain on consent; if not, it will be moved to Other Business. EXHIBITS: Easement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Puget Sound Energy would pay the City $1,105.00 for this partial release of easement. The money would be paid into the stormwater utility fund and used for levee improvements. DRAFT RETURN ADDRESS: CITY OF KENT 220 4TH Avenue South Kent,Washington 98032 PARTIAL RELEASE OF EASEMENT GRANTOR: City of Kent GRANTEE: Segale Properties, L.L.C. and Puget Sound Energy, Inc. SHORT LEGAL: Ptn of Lot 22&23, Pacific Gateway Business Park, 1 9 716 2-71 ASSESSOR'S PROPERTY TAX PARCEL: 660021-0230-00 KNOW ALL MEN BY THESE PRESENTS that the City of Kent, a municipal corporation ("City"), is the grantee of certain rights pursuant to an easement granted by Dickson Brothers LLC, a Washington limited liability company, and The Boeing Company, a Delaware corporation, dated March 18th, 2003, recorded under Auditor's File No. 20030320001913, records of KING COUNTY (the "Easement"), over the real property described therein as follows ("Easement Area"): ALL THOSE PORTIONS OF LOTS 22 AND 23 OF PACIFIC GATEWAY BUSINESS PARK,AS RECORDED UNDER RECORDING NO. 2001 01 1 7000904, RECORDS OF KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 22; THENCE SOUTH 89016'08" EAST ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 68.83 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00048'52"WEST 52.89 FEET; THENCE SOUTH 89011'08" EAST 500.00 FEET; THENCE NORTH 00048'52" EAST,60.00 FEET; THENCE NORTH 89011'08" EAST 60.00 FEET; THENCE SOUTH 00048'52"WEST,7.11 FEET TO THE POINT OF BEGINNING. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City terminates and releases any rights necessary to enable Puget Sound Energy, Inc. and its successors and assigns to use a portion of the Easement Area as follows: The construction, operation, maintenance and repair of utility system(s), including but not limited to all necessary and convenient facilities and appurtenances, for purposes of the transmission, distribution and sale of electricity. This release is only applicable to the North 18 feet of the East 62 feet of the Easement Area. 4840-9311-2590.01 DRAFT IN WITNESS WHEREOF, the City has caused this instrument to be executed this , day of 120 City of Kent, a municipal corporation By: STATE OFWASHINGTON ) )ss COUNTYOF On this day of , 20 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Suzette Cooke, to me known to be the person who signed as Mayor, of the City of Kent, a municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be her free and voluntary act and deed and the free and voluntary act and deed of the City of Kent. for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument on behalf of said City of Kent IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: Notary seal,text and all notations must be inside 1"margins 4840-9311-2590.01 PUGET.S T DRD he AFT October 30,2011 VIr. Chad Bieren P.E. City Engineer CITY OF KENT Public Works Engineering 400 West Gowe Street Kent, Washington 98032 Re: Request for Partial Release of Easement Recorded 20030320001913 Assessor Parcel No. 660021-0230 Dear Mr. Bieren, Puget Sound Energy(PSE)respectfully requests for the City of Kent to release a portion of the above described Easement in favor of the City of Kent to allow PSE to construct electrical improvements on the property. I have discussed this request with Mr. Jacek Pawlicki, counsel for-Segale Properties LLC, the property owner, and have Mr. Pawlicki's permission to contact you. I discussed this briefly with Asst. City Attorney Kathy Hardy yesterday, and she suggested that I submit this request to you. Specifically,we request that the East 62 feet of the North 18 feet be released. `The ingress and egress for public safety purposes cited in the easement is established, and PSE's improvements will be off of the established roadway and should not interfere with the City's rights. Please note that the same area will be burdened with a new easement granted by the property owner to PSE that will prohibit interference with PSE's facilities. I, and/or representatives from PSE Engineering, and the property owner world certainly be available to meet you and/or other City representatives at your office or on the property. Enclosed is a copy of the Easement, and an Exhibit showing the portion of the Easement area which PSE is requesting be released. Please let me know if you need any other information to evaluate PSE's request. Sincerely, PUGET SOUND ENERGY, Inc. By: grv�tl— Nick Floros Real Estate Representative c.c.: JaeckR. Pawlicki Segale Properties LLC Mail: Post Office Box 97034 PSE-10S Bellevue,Washington 98009-9734 Street Address: 10885 N.E.4Ih Street PSE-10S Bellevue,Washington 98004-5591 Telephone: 425-456-2553 Facsimile: 425-462-3519 e-mail:nick.floros@pse.com ro - I Nt r- 0-)0-) C\i + —J 2:Ld C,,j rn -j 0 LLJ LLJ cn LLJ LO CN LLJ 0 L 09 LL LLJ - Sb L-Li < u C, N -02 a- s 1 LLJ co 0 uj Cl) LU < LLJ 7 ND DIRT LU 0 4 C,j U) ---------- Li O� LC)CD-, moo C\j + CJ LLJ LLJ 0— -- U� Lj 0 -i q-ry-) < AVA4 33300V o Li C\l C\j CL < o o Lf U 0 co m N O L-L DRAFT When Recorded, Please Return To CITY OF KENT BUILDING OFFICIAL Avenue S Kent, 20030320001913 Kentt,, WA 98032 PAGESB8IIOF 0@g6AS 27.00 KING COUNTY,13. Ct (o c� blrA DOCUMENT TITLE No-Build Easement W REFERENCE NUMBERS OF RELATED DOCUMENTS 20010117000904, 20021217002137,20030220002171 GRANTOR Dickson Brothers,LLC, a Washington limited liability company and The Boeing Company, a Delaware corporation GRANTEE City of Kent LEGAL DESCRIPTION A Portion of the SW'/4 of Section 2, Township 22 North, Range 4 East,Willamette Meridian, City of Kent,King County, Washington ASSESSOR'S PARCEL NO(S) •66042+02N=W, 660021-0230-00, 660021-0240-00 FILED I-OR RECORD AT THE REQUEST OF TRANSNATION TITLE INSURANCE CO No Build Easement(Lots 22,23,24)(031803) Page 1 of 6 DRAFT MAIL.TO CITY OF KENT BUILDING OFFICIAL 220 4`h Avenue S Kent, WA 98032 Easement Corporate THIS INSTRUMENT made this key day of March,2003, by and between Dickson Brothers, LLC, a Washington limited liability company and The Boeing Company, a Delaware corporation,hereinafter call "Grantors" and the CITY OF_K_E_NT, a murneipal corporation of King County, State of Washington,hereinafter called "Grantee" WITNESSETH, That Grantors for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantors, do by these presents grant,bargain, sell,convey and confirm forever into the Grantee,its successors and/or assigns, an easement for ingress and egress for public safety purposes with necessary appurtenances, including use of immediately adjacent incidental areas over, through, across, and upon the following described property situated in King County, Washington,more particularly described as follows See attached legal description No build easement and no-build exhibit As further consideration for the benefits mutually derived from this easement agreement, and in fulfillment of Uniform Building Code {"UBC")allowable floor area increase requirements under Section 505 of the UBC 1997 edition, Grantor shall keep the _Jproperty described in Exhibit A essentially unobstructed from the ground to the sky Grantee shall have the right without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the property described in Exhibit A and immediately adjacent areas, together with any equipment Grantee deems necessary for any and all public safety purposes without incurring any legal obligation or liability therefor, provided that Grantee shall use its best efforts when exercising its rights under this easement, to refrain from disturbing or destroying the private improvements existing within the easement area, including all incidental areas, however, in the event any of _Grantor's improvements are disturbed or destroyed, no liability shall be assessed and no damages shall accrue to Grantee as a result of'Grantee s goal faith exercise of its rights under this easement, No Budd Easement(Lots 22,23,24)(031803) Page 2 of 6 DRAFT The Grantor shall retain the right to use the surface of this eaement including said incidental areas so long as said use does not interfere with the uses heretofore defined Under no circumstances shall any permanent structures be placed or erected on this easement This easement shall be a covenant running with the land forever and shall be binding on the Grantor's successors, heirs, and assigns Dated this IS 0- day of 12003 Dickson Brothers,LLC The Boeing Company By -4;6 1�d4�-- BY OA Zy��� Name i G(C S h. Name, Its:_ Authorized Signatory Its Authorized Signatory No amid Easement(Lots 22,23,24)(031903) Page 3 of 6 DRAFT ACKNOWLEDGMENT State of Washington ) ss Comity of King ) On this 16 day of taAec a 2003,before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,personally appeared t)oua-y pS�4n 0 to me known to be the Authorized Signatory of Dickson Brothers,LLC executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, and for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute the said instrument and that the seal (if airy) affixed is the seal of said limited liability company In Witness Whereof, I have hereunto set my hand and affixed my official seal this day of tAt ys 2003 Cike�IVI CyR �----- JS� r 01'A R Y. Print Name. ' •Z Notary public in and for the State of �:flC1 r? 2006:Z_ Washington,residing at KkHC� coUk 4 . My commission expires ° 1LB111G :0i No Build Easement(Lots 22,23,24)(031803) Page 4 o"6 DRAFT LEGAL DESCRIPTION 60-FOOT NO-BUILD AREA RESTRICTION All those portions of Lots 22 and 23 of Pacific Gateway Business Park, as recorded under Recording No. 20010117000904, Records of King County, Washington, more particularly descalbed as follows: COMMENCING atthe Southwest corner of said Lot 22; THENCE South 890 16' 08" Fast along the South line thereof, a distance of 68.83 feet to the POINT OF BEGINNING; THENCE South 000 48'52"West,52.89 feet; THENCE South 896 11'08' East.500.00 feet; THENCE North 000 48'52"East,60.00 feet; THE110E North SS"11'08"West 500.00feet, THENCE South 00"48'52"West,7.11 feet to the POINT OF BEGINNING. Proled,Name. Pacific Gateway Business Park March 19,2003 QJSlss 105711_018 doc D RAFT ACKNOWLEDGMENT State of Washington ) ss County of King ) On this--LC�I day of 1 Vl 1 r A��>2003, before me,the undeisigned,a Notary Public in and or the State�of Washington, duly commissioned and swoui, personally appeared �'�,Q�}}R _ :L-wAffiani, to me known to be the Authorized Signatory of The Boeing Company_that executed the foregoing instrument, and acknowledged said mstiument to be the free and voluntary act and deed of said corporation, and for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute the said instrument and that the seal (if any) affixed is the corporate seal of said corporation In Witness Whereof, I have hereunto set my hand and affixed my official seal this C} ` day of ck 200,3_ p��11�e1 11 II UrrrrFt 0*'' �ssi+ia'Era :'off / Print Name. i .c, p07Agy s� — '.. Notary public in and for tl State of pbBUG s' = Washington, residing at ,'!r a47 oars My commission expires aCXD.� No Braid Basement(Lots 22,23,24)(031803) Page 5 0'6 .. . 1 DRAFT o 5 J. `- . �a ly �t ��`q5 AS ,tit TTTR�ACT I � EXPtttES 01-1 —04 z i cI a 4hh � Cs rTl r> — 0 co ' I ! I W 0 50 100 200aw . z ' SCALE: V- 100' ® Filc P. 1Ga`Os tOSil s 19571aWdy Walror 03 19 2M QAZ Scok I-IM k�%refs Scale. - Job Number Horizontal 1'=100' Vertical N/A R 1��7i ¢11 18215 72ND AVENUE SOUTH NO BUILD L D KENT, WA 99032 Sheet (425)251_6222 RESTRICTION ' (425)251—e782 FAX ® CML ENGINEERING, LAND EXHIBIT 1 e ENVIRONMENTAL SERVICES f o/ tks� nq_ed Gram CneaMed vad Dote D RAFT LEGAL DESCRIPTION 20-FOOT NO-BUILD AREA RESTRICTION All those portions of Lots 22 and 23 of Pack Gateway Business Park, as recorded tinder Recording No. 20010117000904, Records of iGng County, Washington, more particularly descilhed as follows. COMMENCING at the southwest comer of said Lot 22, THENCE South 89" 16'08"East along the South line thereof,a distance of 68.83 feet; THENCE North 00°48'52"East,7.11 feat; THENCE South 89"11'08'East,378.68 feet to the POINT OF BEGINNING, THENCE North 00"48'52'East, 174.17 feet THENCE South 89" 11'08"East,20,00 feet; THENCE South 00°48'52"West, 174.17 THENCE North 89° 11'08"West 20.00 feet to the POINT OF BEGINNING Project Name: Pacific Gateway Business Park March 19,2003 ' DJSlss 10571 L_.019 doc DRAFT TRACT C S1Q��,��a WA L pal I/ EVIRES 01-15-04 cs G7� E r E. pp Z C 1 Iz si � � N d lti t.t Q c. ( I � o C3 ' � E N 1 � � 0 SD 100 200EM SCALS: V-100" t�7 _ {TIc F IODDD 10511 so WEX10 Daft/Time 03 19 13.2a Rak: 1=100 kmwat %refs Seale. Job Number Honwnbxl 1"=100' Verffcal NIA 10571 18215 72ND+CJ UE Som NO BUILD I KEW WA 98W2 Sheel (425)251-e222 RESTRICTION (425)251-8782 FAX CML ENGINEERING LAND EXHIBIT �M?H16F�" P NG, SUNEYMG. 1 €MONMENTAL SERVICES 1 of De 1i ed Drawn Checked roved Dote 1 I Uf m 0 A F ri, ra.mrz. � w,1' ®i o v \t j m n w e z, m '� -�` a zQ n U) 4 20'0 m z ;c t� p n � m y m ^{ rJ o rt m m m a Q m � � I rn rn X ti o 3 m � (• v`\ � � `v ry,� 3 �j yr 3ra � v � CL l l`, "Z oZ t m o v GZ�t w> m -a L3 i x C n C:C f^ r' r r t ', m y *rn-<m i,- cn N 1:7v '\Anm to �cx\. a nay �o �o nz J VA v vzz 0 o[n n�OFI-a r"�- \ 1"9 N N Lo 1 Z (Ti DRAFT EXHIBtT "A" Easement Description Tax Parcet 660021-0230 An easement situated within the NE 1/4of the SW /4 of Section 2, Township 22 North, Range 04 East, Willamette Meridian, King County, Washington. Said parcel of land is more particularly described as follows: Lot 23. City of Kent Lot Line Adjustment Number LL-2002-24, Recorded Under Recording Number 20021217002137, in King County, Washington, Said easement is more particularly described is follows: A strip of land, lying within Lot 23, City of Kent Lot Line Adjustment Number LL-2002-24, Recorded Under Recording Number 20021217002137, in King County, Washington, said strip is 40.00 feet in width, 20.00 feet each side of the following described centerline: Commencing at the northwest corner of said Lot 23; Thence South 00'45'52" West along the west line of said Lot 23, a distance of 1,91 feet to the Beginning of said described centerline; Thence South 89'12'00" East 20.40 feet; Thence South 04048'37" East 315.42 feet; Thence, South 85'39'06" East 276.97 feet to the easterly line of said Lot 23 and the terminus of said centerline; The sidelines of strip are to be lengthened or shortened to begin or end at the boundary lines of said Lot 23 and to meet at angle points. Said easement contain-, 23,806 square feet, or 0.1625 Acres, more or less: Prepared by Scott Edwards, PILS ED APS Survey & Mapping �- bypr13221 SE 26`' Street, Suite A Bellevue, WA 98005 Phone 425-746-3200 January 27, 2010 4102 4 Project 1005.258 I-L cAand projects 2009\11005258Mloqal desrmption.q,,eesement 660021-0230.docX Fage 1 of 9 PU ET S IQ, RA E The nergy To do reat Th December 2,2011 G, r, .�; Mr. Chad B ieren P.E. City Engineer CITY OF KENT Public Works Engineering 400 West Gowe Street Kent, Washington98032 Re: Request for Partial Release of Easement Recorded 20030320001913 Assessor Parcel No. 660021-0230 Dear Mr.Bicren, I As you requested from me on Monday November 28th,please allow this letter to serve as Puget Sound Energy's (PSE)offer to the City of Kent for consideration that PSE will pay to the City to release the above described Easement as originally requested in my letter to you dated October 30,2011. 0 Specifically,PSE requested in our October 30s'letter that the East 62 feet of the North 18 feet, or 1,116 square feet,be released. I believe the underlying property is valued at$9.90 per square foot, based on the summary of a sale of comparable property provided by Segale Properties LLC,the underlying property owner. At twenty percent(20%) easement impact—the effect that I estimate that the easement has on the property value—the calculation for consideration is: 1,116 square feet area x$9.90 per square foot property value x% easement impact= 1 105.00. 1 have discussed this request with Mr. Jacek Pawlicki, counsel for Segale Properties LLC,the property owner, and have Mr. Pawlicki's permission to contact you. 1, and/or representatives from PSE Engineering, and the property owner would certainly be available to meet you and/or other City representatives at your office or on the property. Thank you for your assistance in this matter. Please let me know if you need any other information to evaluate PSE's request. Sincerely, PUGET SOUND ENERGY, Inc. By: Nick Floros Real Estate Representative Mail: Post Office Box 97034 PSE-1 OS Bellevue,Washington 98009-9734 Street Address: 10885 N.E.4`"Street PSE-10S Bellevue,Washington 98004-5591 Telephone:425-456-2553 Facsimile:425-462-3519 e-mail:nick.floros@pse.com i 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 KENT WASHINGTON OPERATIONS COMMITTEE MINUTES December 6, 2011 Committee Members Present: Elizabeth Albertson, Les Thomas, Dennis Higgins for Debbie Raplee The meeting was called to order by L Thomas at 4:00 p.m. 1. APPROVAL OF MINUTES DATED NOVEMBER 15, 2011. D. Higgins moved to approve the Operations Committee minutes dated November 15, 2011. L. Thomas seconded the motion, which passed 2-0 and E. Albertson concurred. 2. APPROVAL OF VOUCHERS DATED NOVEMBER 15, 2011. D. Higgins moved to approve the vouchers dated November 15, 2011. L. Thomas seconded the motion, which passed 2-0 and E. Albertson concurred. 3. AUTHORIZE THE MAYOR TO SIGN THE GOVERNMENT RELATIONS CONSULTING SERVICES AGREEMENT FOR 2012 WITH OUTCOMES BY LEVY, IN THE AMOUNT OF $66,000.00 PER YEAR, PLUS AGREED UPON EXPENSES, AND UPON REVIEW BY THE CITY ATTORNEY. Since the year 2000, the city has contracted annually with Doug Levy of Outcomes by Levy to provide services for the city of Kent with items such as, assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives and assist with pursuit of funding for Kent projects, particularly at the state and federal levels. There is no change in the amount of the Agreement from last year. D. Higgins moved to recommend council authorize the Mayor to sign the government relations consulting services agreement for 2012 with Outcomes by Levy, in the amount of $66,000.00 per year, plus agreed upon expenses, and upon review by the City Attorney. The motion was seconded by L. Thomas and passed 2-0 and E. Albertson concurred. 4. RECOMMEND COUNCIL TO AUTHORIZE THE MAYOR TO SIGN THE CONSULTANT SERVICES AGREEMENT WITH VANNESS FELDMAN, ATTORNEYS AT LAW REPRESENTING THE CITY OF KENT AS OUR FEDERAL LOBBYIST, NOT TO EXCEED $90,000, SUBJECT TO FINAL TERMS AND CONDITIONS ACCEPTABLE TO THE CITY ATTORNEY. This agreement with VanNess Feldman, Attorneys at Law is to provide the City of Kent Federal representation with a particular emphasis on the Washington State Congressional delegation and will not exceed $90,000. This expense will be split between the Economic and Community Development department and the Public Works Department. B. Wolters expressed the value of Ben McMakin, the city's representative from VanNess Feldman, and the work they are doing for the city. As an example, B. Wolters distributed a copy of a letter (attached) that was sent by our congressional delegation asking the head of FEMA to expedite review of the city of Kent's application. That letter would have happened if not for Ben's work. Focus of the agreement is to provide representation to secure Congressional and Executive Branch support and funding to replace, repair, certify, and accredit the Green River levee system in Kent. Additional representation is to secure funding for Kent's transportation priorities, particularly grade separations, freight mobility and transit projects in Kent that aligns with federal priorities. Operations Committee Minutes December 6, 2011 Page: 2 D. Higgins moved to recommend Council authorize the Mayor to sign the Consultant Services Agreement with VanNess Feldman, Attorneys at Law representing the City of Kent as our Federal Lobbyist, not to exceed $90,000, subject to final terms and conditions acceptable to the City Attorney. E. Albertson seconded the motion, which passed 3-0. S. Move to recommend approval of the 2012 Consultant Services Agreement with Kent Downtown Partnership. Kent Downtown Partnership (KDP) provides direct services to increase economic development of the Kent downtown core. Services under this agreement include but are not limited to; hosting events, marketing downtown properties, facade improvements program, developing an improvement plan for downtown sidewalks, street trees, light posts as well as encouraging businesses and developers to locate in downtown Kent. The contract amount is not to exceed $33, 600.00. Kurt mentioned this amount has been consistent since 2005. Kurt further pointed out that for the last two years the KDP has administered and managed 4,500 volunteer hours in the downtown community. E. Albertson moved to recommend Council recommend approval of the 2012 Consultant Services Agreement with Kent Downtown Partnership. D. Higgins seconded the motion, which passed 3-0. 6. MOVE TO RECOMMEND COUNCIL AUTHORIZE THE MAYOR TO SIGN THE AMENDMENT WITH JORDAN LAW OFFICE, P.S., EXTENDING THEIR SERVICES FOR CONFLICT PUBLIC DEFENSE SERVICES THROUGH MARCH 31, 2012, SUBJECT TO FINAL APPROVAL OF TERMS AND CONDITIONS BY THE CITY ATTORNEY. K. Johnson, Human Services Manager presented the request for the contract review extension. The city has, for the past three years, contracted with Jordan Law Offices for conflict indigent defense services. The city and Jordan Law Offices are currently in the process of negotiating a new agreement that more effectively incorporates the standards for indigent defense services that were adopted by the City Council by Resolution 1843 on April 20, 2011. The negotiations will not be completed until shortly after January 1, 2012, and therefore, the parties wish to extend the current Agreement until March 31, 2012. K. Johnson noted for D. Higgins that there are no modifications being requested with this extension. The Amendment was not included in the packet and is attached. D. Higgins moved to recommend council authorize the Mayor to sign the amendment with Jordan Law Office, P.S., extending their services for conflict public defense services through March 31, 2012, subject to final approval of terms and conditions by the city attorney. E. Albertson seconded the motion, which passed 3-0. Operations Committee Minutes December 6, 2011 Page: 3 7. MOVE TO RECOMMEND COUNCIL AUTHORIZE THE MAYOR TO SIGN THE AMENDMENT WITH STEWART BEALL MACNICHOLS & HARMELL, INC., P.S., EXTENDING THEIR SERVICES FOR PUBLIC DEFENSE SERVICES THROUGH MARCH 31, 2012, SUBJECT TO FINAL APPROVAL OF TERMS AND CONDITIONS BY THE CITY ATTORNEY. K. Johnson, Human Services Manager presented the request for the contract review extension. The city has, for more than a decade, contracted with Stewart Beall MacNichols & Harmell, Inc., P.S., for public defense services. The city and Stewart Beall MacNichols & Harmell, Inc., P.S., are currently in the process of negotiating a new agreement that more effectively incorporates the standards for indigent defense services that were adopted by the City Council by Resolution 1843 on April 20, 2011. The negotiations will not be completed until shortly after January 1, 2012, and therefore, the parties wish to extend the current Agreement until March 31, 2012. The Amendment was not included in the packet and is attached. E. Albertson noted that her daughter is employed at the law firm. This does not create financial gain or conflict with the city. D. Higgins moved to recommend council authorize the Mayor to sign the Amendment with Stewart Beall MacNichols & Harmell, Inc., P.S., extending their services for public defense services through March 31, 2012, subject to final approval of terms and conditions by the city attorney. E. Albertson seconded the motion, which passed 3-0. S. MOVE TO RECOMMEND THE FIRST YEAR, 2012 PREMERA BLUE CROSS ADMINISTRATIVE SERVICES CONTRACT FOR THE CITY'S SELF-INSURED HEALTH PLAN, BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR THE DECEMBER 13, 2011 MEETING, SUBJECT TO APPROVAL OF FINAL TERMS AND CONDITIONS BY THE CITY ATTORNEY. The city contracts with Premera Blue Cross as a third-party administrator (TPA) to process claims and provide access to Premera Blue Cross's PPO network of doctors and hospitals. The city is self- insured for this program and wires the weekly claims cost to Premera Blue Cross for our medical and prescription expenses. The $730,000 cost of the administrative services contract by Premera Blue Cross and claims expense is budgeted in the health and welfare fund. Approximately 94% of the city's employee population is covered under the self-insured Premera Blue Cross program totaling 2,300 staff and dependants. Included in this coverage is our LEOFF I retirees and their dependents. The three year contract beginning 2012 has an 8.5% reduction in administrative fees, no rate increase for 2013, and a slight increase of 3% for 2014. The overall projected cost of our self- insured plan inclusive of administration fees is $11,740,135 for 2012. E. Albertson moved to recommend the first year, 2012 Premera Blue Cross Administrative Services Contract for the city's self-insured health plan be placed on the City Council consent calendar for the December 13, 2011 meeting subject to approval of final terms and conditions by the City Attorney. D. Higgins seconded the motion, which passed 3-0. Operations Committee Minutes December 6, 2011 Page: 4 9. STOP LOSS - LIFE WISE, 2012 (INFORMATION ONLY) The stop loss policy provides added coverage to the City for individual medical claims exceeding $175,000 per employee or dependent for each calendar year. Life Wise is requesting a 20% increase so the contract is going out to bid in late November. If Life Wise does not win the contract, staff will be presenting the new contract to Operations/Council at the first meeting of the year. Any claims received in the interim will be covered. The city currently has four claims that exceed $175,000.00. 10. I MOVE TO RECOMMEND THE 2012 GROUP HEALTH COOPERATIVE CONTRACT FOR THE CITY'S INSURED HMO PLAN BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR THE DECEMBER 13, 2011 MEETING AUTHORIZING THE MAYOR TO SIGN THE CONTRACT SUBJECT TO APPROVAL OF FINAL TERMS AND CONDITIONS BY THE CITY ATTORNEY. Becky Fowler explained the contract is to renew the Group Health Cooperative of Puget Sound contract for the City's insured health maintenance organization (HMO). The 2012 contract reflects no increase in the health care premiums charged by Group Health Cooperative and is budgeted in the health and welfare fund in the amount of $471,541. Group Health Cooperative of Puget Sound is a non-profit, health maintenance organization (HMO) that provides primary care medical and specialty center throughout the Pacific Northwest. Approximately 39 employees and their families are covered under the Group Health Cooperative plan. The cost for Group Health is slightly less than Premera. D. Higgins moved to recommend the 2012 Group Health Cooperative contract for the City's insured HMO plan be placed on the City Council consent calendar for the December 13, 2011 meeting authorizing the Mayor to sign the contract subject to approval of final terms and conditions by the City Attorney. The motion was seconded by E. Albertson, which passed 3-0. 11. MOVE TO RECOMMEND THAT THE TWO YEAR ADMINISTRATIVE SERVICES CONTRACT WITH WASHINGTON DENTAL SERVICE (WDS) FOR THE CITY'S SELF- INSURED DENTAL PROGRAM BE PLACED ON THE CITY COUNCIL CONSENT CALENDAR FOR THE DECEMBER 13, 2011 MEETING SUBJECT TO FINAL TERMS AND CONDITIONS OF THE CITY ATTORNEY. The city contracts with Washington Dental Service (WDS) as a third-party administrator (TPA) to process claims and provide access to WDS PPO network of dentists. The city is self-insured for this program and will wire the monthly claims cost to WDS for our dental expenses. The two year contract in the amount of $66,197 reflects an approximate 20% increase in administrative fees for 2012 with a rate guarantee, no increase, for 2013 and is budgeted in the health and wellness fund. There are no changes in the benefit structure. All of the city's employee and dependent population are covered under the self-insured Washington Dental Service (WDS) program totaling 2,300 staff and dependants. Included in this coverage is our LEOFF I retirees and their dependents. There have been no improvements in the benefit Operations Committee Minutes December 6, 2011 Page: 5 structure. The overall projected cost of our self-insured plan inclusive of administration fees is approximately $1,151,331 and is budgeted in the health and wellness fund. E. Albertson moved to recommend that the two year Administrative Services contract with Washington Dental Service (WDS) for the city's self-insured dental program be placed on the City Council consent calendar for the December 13, 2011 meeting subject to final terms and conditions of the City Attorney. D. Higgins seconded the motion, which passed 3-0. 12. TO RECOMMEND THAT COUNCIL AUTHORIZE THE MAYOR TO PURCHASE INFORMATION TECHNOLOGY NETWORK EQUIPMENT FROM ALLIED TELESIS, INC.,TO REPLACE OUTDATED REGIONAL FIRE AUTHORITY EQUIPMENT AT A COST NOT TO EXCEED $134,318.89 BEFORE TAXES, SUBJECT TO APPROVAL OF FINAL TERMS AND CONDITIONS BY THE CITY ATTORNEY AND THE INFORMATION TECHNOLOGY DIRECTOR. M. Carrington, I.T. Director, clarified that this item is contract to authorization a purchase, not ratification of goods and services, as was stated on the agenda. This project to replace end-of-life network equipment that directly supports the Regional Fire Authority (RFA). This will increase the internet speed. The contract was petitioned to be a sole purchase and did not go out to bid. M. Carrington stated this equipment will save the City money compared to a traditional Cisco dedicated power alternative, based on data collected. D. Higgins requested documentation showing the savings and will meet with M. Carrington for further review. D. Higgins moved to recommend that Council authorize the Mayor to purchase information technology network equipment from Allied Telesis, Inc., to replace outdated Regional Fire Authority equipment at a cost not to exceed $134,318.89 before taxes, subject to approval of final terms and conditions by the City Attorney and the Information Technology Director. E. Albertson seconded the motion, which passed 3-0. 13. SUMMARY FINANCIAL REPORT AS OF OCTOBER 31, 2011 — INFORMATION ONLY B. Nachlinger, Finance Director, provided the highlights of the October financials. Based on information available through October, General Fund revenues are estimated to end about $2,446,194 or 4.0% under budget, while expenditures are projected to end the year about $3,133,893 or 5.1% below the budget. This results in a projected ending fund balance of $2,271,986 or 4.4% of the expenditure budget. Overall revenues are estimated to end about $2,446,194 or 4.0% under budget. Revenue highlights include: Sales Tax revenues are expected to exceed projections by $178,936 or 1.1% over budget, continuing the slight upward trend observed over the past few months. Utility Tax revenues are trending to come in approximately 11.5% below budget. Telephone utility tax revenues are coming in about 19.4% below budget due to an increase in the amount allocated to the annexation area, the exclusion of cell phone data plans from utility tax, and the reduced number of households using a landline. Electric and gas are trending to end the year about 15.1% below budget, largely due to the number of vacant, bank owned homes in the area, as well as the lagging construction industry. Garbage is trending about 16.2% below budget, due to the lagging construction industry and the impact of the garbage contract that went into effect on April 1st. Operations Committee Minutes December 6, 2011 Page: 6 Building Permits and Plan Check Fees continue to be negatively impacted by the deterioration in the building industry. Both are trending to end the year near 2010 actuals, or about 5.9% below budget. Recreation Fees are trending to end the year near budget. Miscellaneous revenues are running approximate $630,000 under budget, largely due to continuing low interest rates and the available cash to invest. Current projections, based on individual like item expenditure trends, end the year about $6,133,893 or 5.1% below the budget. Expenditure Highlights include: A lag in hiring is expected to result in Salaries & Benefits savings of nearly 3.2% below budget. Department staff has identified savings areas in Supplies and Services & Charges, which is expected to result in a 5.0% savings. Ending fund balance is estimated to be $2,271,986, which equates to 4.4% of the expenditure budget. The meeting was adjourned at 5:02 p.m. by L. Thomas. Pamela Clark Operations Committee Secretary i i i Kent Parks and Human services Committee KENT Meeting Minutes of November 17, 2011 i i Call to Order: Chair Debbie Ranniger called the meeting to order at 5:01 p.m. Council Present: Chair Debbie Ranniger, Dennis Higgins, Elizabeth Albertson Item 1. Meeting Minutes - Approve Dennis Higgins moved to approve the minutes of October 20, 2011. Elizabeth Albertson seconded. The motion passed 3-0. Item 2. 2011 Art Plan Reassignment of Funds Jeff Watling, Parks Director stated that on October 25, 2011 the Kent Arts Commission recommended that funding be reassigned within the existing 2011 City Art Budget. These recommendations were made in order to support a Youth Media Art Program and to add an art element to the Municipal Court Remodel. The proposed projects were explained: Youth Media Art Project This art project would raise awareness about food security issues in Kent. The Kent Arts Commission believes that this media art project could empower the youth who are being impacted by food scarcity during these difficult economic times, while simultaneously empowering the broader community. In October, new statistics revealed that 25% of Kent residents are living below the poverty line. Furthermore, FEMA is no longer funding the Kent Food Bank because unemployment across King County is lower than some of our nation's other counties. This project would provide Kent youth the opportunity to take the lead on producing artful, meaningful and professional quality video segments. The video could be broadcast on Kent TV 21, KCTV channel 22 and other publically operated stations. Segments could also be shared through social networking - with the express intent of creating meaningful connections between the Kent community and other communities in King County. Housing & Human Services would be the city partner on this project. An open "Call for Artists and Producers" would be issued to contract for $9,500. The selected lead artist and production company would work with Kent youth to produce professional quality media artwork. The $9,500 in funding would be reassigned from Parks Page 1 I I Planning Capital Projects that are on hold. The goal would be to have this digital art � project ready for viewing in spring 2012. Municipal Courthouse Artwork Working with the architect and Facilities staff, artwork has been identified. It is referred to as the "Center Separation Barrier Artwork." This barrier would be located at the main entry where there is currently a rope and stanchions in place. The proposed integrated artwork would prevent someone from stepping out of line and avoiding the metal detector. It would also keep the exit aisle clear from the people entering the building, The artwork would be designed to maintain visibility for police and security guards, allowing them to keep tabs on who is leaving the building. The barrier would be about 15 feet long and between 36 - 54 inches high. It could be made of metal, metal mesh, or thick safety glass. It could take the form of a screen or a railing. Facilities would be the city partner on this project. An invitational "Call for Artists" would be issued using 4Culture's Roster of artists who have already been through a public selection process. A city councilmember and Judge would be invited to serve on the selection panel, along with other key team members, as per our normal process. The selected Artist would design, fabricate and install the artwork for $32,500. This funding ($2,400) combines construction credits with city Art funds that were previously assigned to Parks Planning Capital projects that are on hold. The goal would be to have the "Center Separation Barrier Artwork" completed by March 2012, but everyone on the project team understands that this is a very tight timeline. Rope and stanchions can continue to be used in the interim. Debbie Ranniger suggested having youth tell their own art project story on You Tube, the city's Facebook and Twitter. Cheryl confirmed that the project will include multiple social networking, including Channel 21. Elizabeth Albertson suggested giving the video to the Kent School District to use as a resource to middle schools and high schools in order to get the message out. - Dennis Higgins asked about the three projects that were deferred and/or removed to accommodate the two new proposed projects. Jeff responded that they were deferred due to lack of Capital funding and will be back on the active list when funding is available. Dennis asked about the community park reinvestment program and asked if it related to the KaBOOM project at Tudor Square. Jeff said it is completely independent and coincides with our Park Asset Analysis and will be incorporated into the work plan when revenue is available. Elizabeth Albertson moved to recommend approving the reassignment of City Art Plan funds. Dennis Higgins seconded. The motion passed 3-0. Page 2 Item 3. Park Asset Analysis Update - INFO ONLY Jeff Watling presented the Park Asset Analysis Report. The report evaluates the current condition of all assets within Kent parks in order to establish a baseline for reinvestment needs. The report helps to create a strategy for addressing the aging infrastructure within our park system. Assets are facilities and property at a value of $10,000 or more. This asset report looks at park inventory; at how much we have and then applies a score to the asset, based on what condition it is in. Rates begin at 1 for little or no life and end at 5 with maximum useful life remaining. Out of 37 parks (or 63%) assessed, at least one asset is rated 1 or 2. Prior to this report, there was no comprehensive look at the overall health of the system. The report reflects an estimated cost projects that are backlogged. It also provides detailed data that helps to make more informed decisions with shrinking resources. The decline of major park features tends to happen slowly, over a course of many years. Deferring these expenses is not the same as eliminating the need for them. If we don't keep up on maintenance and lifecycle, it just gets worse. In the Asset Analysis spreadsheet that was distributed, it showed the 59 parks that were inspected with staff determining replacement costs and rating the condition at a total of 240 major assets. Estimated replacement cost of items that ranked 1 or 2 is just over $10M. Estimated cost for all of the parks, including sales tax, contingencies, design, permitting and other soft costs, totals over $16M. The current rate of capital revenue is not allowing us to keep up with our aging assets. As assets fail we begin lose park function. The next step is to go out to the residents and form a 20-25 person citizens group. The goal is geographic diversity, and addressing diversity of interests, as well as cultural diversity within our community. The group would be asked to review the analysis and then help with prioritizing. This will include examining the functionality of the system as a whole, as well as exploring funding options for taking the recommended actions and prioritizing projects. The results of the advisory group will be summarized and presented to the Parks Committee at a future date. Debbie Ranniger said that it's good strategy to form the advisory group and have them look at asset replacement and to analyze the best use. She also feels it is important to make it convenient for students to be represented on the committee. Elizabeth wanted to note that some levies do pass -- even during tough economic times. Case in point, the recent Veterans and Housing Levy. She said she would like to see new faces on the advisory committee. Elizabeth suggested being specific with the issue on a ballot in order to be favorable with voting residents. Dennis Higgins agrees with forming a community group but asked that staff present a proposal to form the committee before taking any action and include timelines. Page 3 i Dennis agreed that if you present a package that is very specific and clear to the voters, there will be positive results, and he will support it as a potential voter approved bond. He asked that the bond includes fields. Debbie Ranniger suggested coordination with the Kent School District timeline for their levy which is scheduled for 1-1/2 years from now. i Elizabeth agreed that we should be looking at future assets as well as past assets. Jeff confirmed that staff will put together plan and come back in January with what the outreach portion will entail with core tasks and timelines. Item 4. Director's Report - INFO ONLY The new Winter Guide is out and registration begins on November 28. The meeting adjourned at 5:25 p.m. Respectfully Submi ed, Teri Petrole Parks and Human Services Committee Page 4 SPECIAL PUBLIC WORKS COMMITTEE Minutes of Monday, November 28, 2011 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and committee member Dennis Higgins were present. Councilmember Ron Harmon was absent. The meeting was called to order at 4:09 p.m. Raplee noted that she had Harmon's concurrence on all action items. Item 1— Approval of Minutes Dated November 21, 2011: Higgins MOVED to approve the minutes of November 21, 2011. The motion was SECONDED by Raplee and PASSED 3-0, with Harmon's concurrence. Item 2 — Consultant Contract/Eastman — Property Appraisals at the Boeing Levee• Alex Murillo, Environmental Engineering Supervisor, explained that items 2, 3 and 4 are all related to the Boeing Levee. Murillo went on to show photos of the area and explained that the consultant that was hired to certify the Boeing Levee found areas near the north end of the levee segment at the Three Friends Fishing Hole Park that need improvements. A flood wall is being proposed in order to meet Federal Emergency Management Agency (FEMA) Accreditation standards. Access through neighboring private property will be required during and after construction for inspection and maintenance of the flood wall. Murillo stated that an appraiser must be hired to evaluate the value of the adjacent land for acquisition of easements. Work is necessary for FEMA Accreditation of the Boeing Levee. Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with The Eastman Company to complete property appraisals for the Boeing Levee Project in an amount not to exceed $12,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Raplee and PASSED 3-0, with Harmon's concurrence. Item 3 — Consultant Contract/Granger Company — Review Property Appraisals at the Boeing Levee: Alex Murillo, Environmental Engineering Supervisor, explained that this contract is funded by a state grant. As stated in Item 2, acquisition of property requires an appraisal and a review appraisal prior to purchase. Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with The Granger Company to review property appraisals for the Boeing Levee Project in an amount not to exceed $2,700.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Raplee and PASSED 3-0, with Harmon's concurrence. Page 1 of 3 SPECIAL PUBLIC WORKS COMMITTEE Minutes of Monday, November 28, 2011 Item 4 - Consultant Contract Rittenhouse Consulting — Right-of-Way Acquisition Services at the Boeing Levee: Alex Murillo, Environmental Engineering Supervisor, stated this contract (like the previous two) is for the Boeing Levee project and the contract is for a specialist to complete easement acquisition. The work is necessary for FEMA Accreditation of the Boeing Levee. Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Rittenhouse Consulting for Right- of-Way acquisition services for the Boeing Levee Project in an amount not to exceed $15,000.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Raplee and PASSED 3-0, with Harmon's concurrence. Item 5 — Consultant Contract with Gray & Osborne, Inc. — Guiberson Reservoir Replacement: Public Works Director, Tim LaPorte introduced Design Engineering Supervisor, Ken Langholz. Langholz mentioned that Gray & Osborne was one of three consultants interviewed to provide engineering design services for this project. Langholz went on to explain that the Guiberson Reservoir is approximately 70 years old and needs to be replaced. Gray & Osborne was selected to provide the City with conceptual design recommendations for a new reservoir, and support for obtaining a Conditional Use Permit, which is required to construct the project in the future. Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Gray & Osborne, Inc. for engineering services for the Guiberson Reservoir Replacement in an amount not to exceed $22,600.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Raplee and PASSED 3-0, with Harmon's concurrence. Item 6 — Speed Limit Reduction for West Meeker Street, from Washington Avenue South to Russell Road: Transportation Engineering Manager Steve Mullen stated that staff researched the history of the speed limit on West Meeker Street from Washington Avenue westerly to SR 516 (Kent-Des Moines Road) and conducted an engineering and traffic investigation of West Meeker Street from Washington Avenue to SR 516. This study was used to determine if the existing speed limit of 40 MPH is appropriate, given the increased development and traffic congestion on West Meeker street. Based on a speed study and considering the number of driveways and potential conflict points along the route, staff is recommending the speed limit be reduced to 35 MPH for West Meeker Street between Washington Page 2 of 3 SPECIAL PUBLIC WORKS COMMITTEE Minutes of Monday, November 28, 2011 Avenue South and Russell Road. Mullen noted that westerly from Russell Road, staff recommends no changes to the existing speed limit of 40 MPH. Higgins MOVED to recommend Council, adopt a resolution to set a 35 mph speed limit on West Meeker Street from Washington Avenue South to Russell Road. The motion was SECONDED by Raplee and PASSED 3-0, with Harmon's concurrence. LaPorte thanked Committee Chair Raplee and Councilmember Harmon (in his absence) for their countless hours of work on the Public Works Committee over the years. The meeting was adjourned at 4:32 p.m. Cheryl Viseth Council Committee Recorder Page 3 of 3 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION