Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council Meeting - Council - Agenda - 03/20/2012
CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. March 20, 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 March 20, 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 If State Legislature has adiourned: 1. Government Relations Michelle Wilmot 10 minutes 2. Final Legislative Report Doug Levy 50 minutes Alternate Agenda - If State Legislature has not adiourned: 1. Government Relations Michelle Wilmot 10 minutes 2. Potential Short-Term Budget Adjustment Strategies Council 15 Minutes 3. Strategic Goals Council 30 minutes 4. Biennial Budget Process Council 5 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Lawrence Lombard Proclamation 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve (Continued) COUNCIL MEETING AGENDA CONTINUED C. Stop Loss Insurance Amendment — Authorize D. Engineered Control Systems Agreement for Corrections Facility Project — Authorize E. Cascade Door and Hardware Agreement for Municipal Court Remodel — Authorize F. Rushton Brothers, LLC, Agreement for the Municipal Court Remodel — Authorize G. Creative Office Agreement for Municipal Court Remodel — Authorize H. ProtectionTech Agreement for Municipal Court Remodel — Authorize I. Evergreen Technologies Agreement for Municipal Court Remodel — Authorize J. Rainier Industries, Ltd., Agreement for Riverbend Golf Complex Tent - Authorize K. Regional Fire Authority, 72nd Avenue Extension — Authorize L. Transportation Improvement Board, 72nd Avenue Grant — Authorize M. Department of Transportation Property, Smith and Lincoln Intersection — Accept N. Department of Transportation Property, South 224th Street Improvements — Accept O. Oracle Software Maintenance Agreement — Authorize P. Department of Natural Resources Grant Agreement for Street Tree Inventory — Accept Q. King County Conservation Futures Interlocal Cooperation Agreement Amendment for Huse Property Acquisition — Authorize R. Consolidated Annual Performance Evaluation Report — Authorize S. City Art Plan and Five-Year City Art Plan 2012-1016 - Approve T. Senior Center Memorial Gift — Accept U. Artwork Agreement for Kent Municipal Court — Authorize S. OTHER BUSINESS A. LID 363, S. 224th Street, Final Assessment Roll — Set Hearing Date B. Subdivision Code Amendments Ordinance — Adopt 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent 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. w m O W W Ot O T v U C_ O O T C J w i 3 Ot y 10 C m J 0 J V V m m ._ O C w v i N O a V m o p L N w 0 w V C U !' T T p F y0 � O W V V O a L Y vwi N E c O u N- U W O m 0 m w YC UO 9Q m CC i - w mOw w C = w >J` o cVwE > mO pw � N w w , ° o a am wp w O C JO N 0 O E w u mm UCww J0OV ; J O O w O O - mmw lw 3 T Ot V L O O E '" O L D `OIL C J J `N w �n T J Q m V 01 U C Y O L > % V y >' w C �n w C w 0 0 y y L 3 w '�-� w m m m A y m y O T w w C N 10 vJi w L C O T J v Vp m H • a w d N o c m y y E w y � E o > W w n °. a V E J u m O p M i y U L ° D ' J cc � a � E � I M , 0 •- J Em v . mm wm • -o J w r w w =on w m -O E � n � na � L E D J o - a U L 0 O J a J o = .w, O. J m J m O s ,w, '^ £ o QV Off; 3mav, v, m 3 ._ aaaL ay .. =0190 UE _ T w o w O ww wV' > p > O `" pJ 0 m 0 = 0w O Y m C 10 N t VCmyj Oy U 0 w V E i C C a y0 O — V J a 0 Q m C q a C N w m m m w -O V C U m C 0 0 E vwi U C O O J E E v - Y O '� w 5 v V 3 O m n m J E -y 14 E O 'V O V C O V J C w C � vwi V w E Y m 1� 'C U) mO" a t w a w J V E J T o E `w E , C L E m E y 3 W U v v C V E U - M v U O m 0 O .- _ > w w y 3 O w m C V U >, a C C V o V V w O o V) $ w ,'^, w ,� w E m v L f or T '� m E �, o a y ._ w E C i O � 0 y O y W E m U N or m a C m 0 O N w Obi N w y C N N N i U Vp w W w w w O V U O T- V N .0 0 Ifl - M m E S U O >> y> U V y f m O y w C > E L w m C E V a F Z v o m o o H '^ 3 " o o m '° m F,w E C F J C U o m m m - L N ,� O V C w L a f w L C w L w v i OV Z w C o A W V ^C v T m F W C wmc> OEE -°oOw f � won _oa � ° pj � w NJ wM � �� � Vt o,� v -o .. WM 3 w Y 3 U w m r, m Q E n �_ L w m a i W 'o _ C w J U C C m y `- 3 W E O T D U E Ot VVi m E C w C W N L C m L p+f L m 0 N J L C y a 3 S C w m W 0 J O w i O.a O d or • m wN y, F w >_ E ,� a U - E - u u V o u M Ydti mL ui� CdLN V) mN 3 mti am w m F w " = a ay 'o ._ ._ a u V C C O ,� m w w v, E E w C v > f N YJ Y o YJ c v 0 YJ u m YJ u m YJ F a 3 o Q F v V m m o OU V ° m n $ $ w V > £ OU O �° � a 0 w � W 02: a Q2: a Q2: wp O G` O > ^ L •zr E L n o ca > i3 V U Q N E O w L • C 0 C ` aSi a J a O F O N r� Q C )raj (n 3 O p _ C Q W V z O Ln = w M O N y w 0 3 m f I Ifl b N m C 0 - . O w N T M E rz G S > U y a� � L �i Qa Ji0 C V i0 Z V t c .2 U v 3 V m 0 ,om o C N w w O C O C M M m OU Y .ram `mU Q 3 YrvY V N N E LU w y. Ul C J W O O Ot a 0 i O w C y L U T C O U � -o � � � 3 L � 3 .1T ,w`c ww � Umro � u 3 a m m T 3 L -O V JM mG Awm' "wmUw w 3o wo p 0 0 > > E O • U m 0 LL j i T J w w Q Om O O U O a O w > O C 0 C .1 , U n G • L U i m m L a > > m w Y O. C C w m W co p �1 .m, ti 3 s 3 E .w, $ {A m v, 3 aw v .ap�, w �„ w °_a w Gi �' `o r U)i . 0 `m -mo 3 °-o 0 0 °�' ni Y .E m w G C N w W C O O w Z m O1i L m W rz O c z co 10 0 w C i 6 w N O d O V a H j W G` Y O O D • N O O v A E m 0 •Y T 3 m C �. w w L � O ` v 0 6 L N FLU U +' w UZw >� CUVOwco V) v 0 a— 6 a K U) V m Q V > 4 a QF3 m0 Q mU �l l� ti COUNCIL WORKSHOP If State Leaislature has adiourned: 1) Government Relations 2) Final Legislature Report Alternate Agenda - If State Legislature has not adiourned: 1) Government Relations 2) Potential Short-Term Budget Adjustment Strategies 3) Strategic Goals 4) Biennial Budget Process CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Lawrence Lombard Proclamation 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 U. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of March 6, 2012. 7B. Approval of Bills. Approval of payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on March 6, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 2/15/12 Wire Transfers 4944-4967 $1,707,300.09 2/15/12 Regular Checks 660666-661093 3,262,427.64 Void Checks 660726 (286.89) 2/15/12 Use Tax Payable 1,931.13 $4,971,371.97 Approval of checks issued for payroll for February 16 through February 29 and paid on March 5, 2012: Date Check Numbers Amount 3/5/12 Checks 326693-326865 $ 135,792.89 Voids & Reissues 326692 0.00 3/5/12 Advices 295458-296098 1,207,308.94 $1,343,101.83 y RCN i Kent City Council Meeting March 6, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph, and Thomas. Councilmember Ranniger was excused from the meeting. (CFN-198) The flag salute was led by Girl Scout Troops 41104 and 41213. CHANGES TO THE AGENDA A. From Council, Administration. Staff. (CFN-198) No changes were made. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Council member Ralph thanked everyone involved in last week's memorial service for State Trooper Tony Radulescu which took place at the ShoWare Center. B. Community Events. (CFN-198) Council President Higgins announced events coming up at the ShoWare Center and Mayor Cooke announced a Spotlight Series event. C. Girl Scout Week Proclamation. (CFN-155) Mayor Cook read a proclamation noting that March 12, 2012, marks the 100th anniversary of the Girl Scouts of the United States of America. She proclaimed March 12-16, 2012, as Girls Scouts of America Week in the City of Kent, and presented the proclamation to Troop leaders Wendy Gire and Jennifer Ritchie. D. Kiwanis Day Proclamation. (CFN-155) Mayor Cooke read a proclamation declaring March 6, 2012, as Kent Kiwanis Day in the City of Kent and encouraged citizens to join her in honoring local Kiwanians for their years of outstanding service to the community. The proclamation was presented to the Lt. Governor of Division 32, who expressed appreciation for the recognition and invited persons who are interested in joining to contact her. E. Public Safety Report. (CFN-122) Mayor Cooke administered the Oath of Office to Officers Chris Bigler and Brieann Johnsen, after which Police Chief Thomas reported on crime statistics, the recent memorial for Trooper Radulescu, and the upcoming St. Patrick's Day traffic emphasis. Sheila Knapp, Police Support Services Manager, then gave a demonstration of the new crime report software. PUBLIC COMMENT A. KentHOPE. (CFN-118) Chuck Zimmer of KentHOPE, 4221 S. 253rd Street, Kent, outlined the timelines relating to use of the former Kent Resource Center as a center for the homeless and asked any residents or business leaders interested in providing input or serving on the Executive Committee to contact them. 1 Kent City Council Minutes March 6, 2012 B. Kent Black Action Commission (KBAC). (CFN-198) Gwen Allen Carsten, 24914 109th Place SE, Kent, gave an update on the activities of the Kent Black Action Commission, noted that their next meeting is on March 10 at 3:00 p.m., and invited interested persons to attend. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through J. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of February 21, 2012 and the Council Retreat Minutes of February 10 & 11, 2012, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through January 15 and paid on January 15 after auditing by the Operations Committee on February 21, 2012, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 1/15/12 Wire Transfers 4908-4926 $1,566,674.23 1/15/12 Regular Checks 659917-660293 1,705,645.52 1/15/12 Use Tax Payable 1,136.21 $3,273,455.96 Payment of the bills received through January 31 and paid on January 31 after auditing by the Operations Committee on February 21, 2012, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 1/31/12 Wire Transfers 4927-4943 $1,596,085.00 1/31/12 Regular Checks 660294-660665 3,354,178.81 Void Checks 660405,660413,660664 (2,206.85) 1/31/12 Use Tax Payable 293.93 $4,948,350.89 Checks issued for payroll for January 1 through January 15 and paid on January 20, 2012, were approved: Date Check Numbers Amount 1/20/2012 Checks 326148-326328 $ 220,374.26 Voids & Reissues 326146,326147 98.59 1/20/2012 Advices 293539-294177 1,451,460.06 $1,671,932.91 2 Kent City Council Minutes March 6, 2012 Checks issued for payroll for January 16 through January 31 and paid on February 5, 2012, were approved: Date Check Numbers Amount 2/5/2012 Checks 326331-326515 $ 114,138.77 Voids & Reissues 326329,326330 0.00 2/5/2012 Advices 294178-294816 1,233,461.10 $1,347,599.87 Checks issued for payroll for February 1 through February 15 and paid on February 20, 2012, were approved: Date Check Numbers Amount 2/20/2012 Checks 326517-326691 $ 109,911.59 Voids & Reissues 326516 0.00 2/20/2012 Advices 294817-295457 1,200,883.62 $1,310,795.21 C. Excused Absence for Councilmember Ranniger. (CFN-198) An excused absence for Councilmember Ranniger, who was unable to attend the March 6, 2012, meeting, was approved. D. Biennial Budget Ordinance. (CFN-186) Ordinance No. 4031 establishing a biennial budget beginning January 1, 2013, was adopted. E. Indigent Defense Services Findings Resolution. (CFN-122) Resolution No. 1855 adopting findings relating to indigent defense service contracts was adopted and the Mayor was authorized to sign indigent defense contracts with the law firms of Stewart, Beall, MacNichols and Harmell, Inc., P.S., and Jordan Law Office, P.S. F. Kent Municipal Court Remodel Procurement Code Reauirements. (CFN-118) The City, as construction manager, was authorized to apply the City's procurement code requirements to purchases of individual products, services, and supplies for the Kent Municipal Court remodel, and to ratify all acts consistent with this motion. G. 2012 Hiahline School District Agreement for Camp Waskowitz Facility Rental. (CFN-118) The Mayor was authorized to sign the 2012 contract with the Highline School District to rent the Camp Waskowitz Facility, subject to final terms and conditions acceptable to the City Attorney and Parks Director. H. 2012 Washington State Slo-Pitch Umpires Association Agreement. (CFN-118) The Mayor was authorized to sign the Washington State Slo-pitch Softball Umpires Association Agreement for the 2012 season, subject to final terms and conditions acceptable to the City Attorney and Parks Director. 3 Kent City Council Minutes March 6, 2012 I. 2012 Kina County/ASA Umpires Association Aareement. (CFN-118) The Mayor was authorized to sign the King County ASA Umpires Association Agreement for the 2012 season, subject to final terms and conditions acceptable to the City Attorney and Parks Director. J. Vineyards Plat Bill of Sale. (CFN-484) The Bill of Sale for the Vineyards Plat project permit No. 2063566, for 3 gate valves, 1 hydrant and 424 linear feet of waterline, 5 sanitary sewer manholes and 536 linear feet of sanitary sewer line, 2,342 linear feet of new curb and gutter, 2,155 linear feet of sidewalk, 2,185 linear feet of new street, 2,100 linear feet of frontage improvement, 1 storm sewer manhole, 13 catch basins, 42 linear feet of biofiltration swale, 62,820 cubic feet of detention pond storage, and 732 linear feet of sewer line was accepted. REPORTS A. Council President. (CFN-198) Higgins announced that he has provided Council members with a draft of the strategic goals which will be discussed at the workshop on April 17 and asked that they review the document before then. B. Mayor. (CFN-198) Mayor Cooke thanked the Council for passing an ordinance establishing a biennial budget at tonight's meeting. She reported on meetings with the president of Highline Community College and with Andy Chin, representative of the Republic of China. C. Administration. (CFN-198) Hodgson reported on the status of the state budget as it relates to the City, and said there are three property acquisition items for discussion during the executive session. He noted that the session will take approximately 20 minutes and that action is expected when the regular meeting reconvenes. D. Economic & Community Development Committee. (CFN-198) Perry noted that Josh Hall will report on the East Hill Revitalization Forum at the next meeting, which will be on March 12, and that code enforcement will be discussed at the April 9 meeting. She then thanked the City's partners who are in Olympia lobbying on the City's behalf every day. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) Albertson noted that the next meeting will be held at 5:00 p.m. on March 15, and said that a discussion of comments from the March 14 meeting on the homeless center may be held at that time. G. Public Safety Committee. (CFN-198) Boyce noted that the next meeting will be at 4:30 on March 13. 4 Kent City Council Minutes March 6, 2012 H. Public Works Committee. (CFN-198) Albertson noted that a Citizens Committee to provide feedback to the Public Works Committee on prioritizing and funding transportation issues is being formed, and that anyone interested in serving on the committee should contact her at the City. She added that the next meeting is on March 19. I. Regional Fire Authority. (CFN-198) Thomas announced that the RFA will meet on March 7 at 5:30, and that a subcommittee has been formed to work on their bylaws. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:18 p.m. and reconvened at 8:52 p.m. A. Property Acguisition. (CFN-239) CAO Hodgson explained that one of the properties discussed during Executive Session is approximately 40 acres of wetland which would be used as a wetland habitat and for future trails which could go from Lake Fenwick to Puget Sound. He said the property would be purchased using a $300,000 King County Conservation Futures grant. Albertson moved to authorize the Mayor to sign all necessary documents to complete the purchase of a regional wetland property consisting of approximately 40.58 acres generally known as the "McSorley Wetlands" from Midway Sand and Gravel Company and K.C.C. Associates in the approximate amount of $326,000, subject to approval of the final terms and conditions by the City Attorney and the Public Works Director. Perry seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8:55 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 5 �•+/ KE O T Kent City Council Workshop March 6, 2012 Council Members Present: Albertson, Boyce, Higgins, Perry, Ralph and Thomas The meeting was called to order at 5:30 p.m. by Council President Higgins State Leaislative Update/Governmental Relations. Michelle Wilmot gave an update on the status of bills in the legislature, including the Transportation Benefit District charge and the Motor Vehicle Excise Tax. She noted that the streamlined sales tax and annexation sales tax credit funds are intact. Wilmot then responded to questions from Council members on other issues, and Council members reported on attendance at regional committee meetings. Communities Putting Prevention to Work. Hope Gibson, Parks Planning and Development Manager, distributed copies of the draft "Let's Go Kent: Moving Toward Improving Kent's Walking and Biking Network", and gave an overview of the project, including the three primary components, participants, results, and next steps. Council members discussed the project and Gibson responded to questions including safety, funding, and the impact on other plans. Additional Comments: Higgins announced that i-Pads will be available for Council members by early summer. He outlined membership on the Transportation Citizens Committee, and noted that revisions to the Strategic Plan have been sent to Council members for their review prior to the workshop of April 17. Perry announced that Josh Hall will report on the East Hill Community Forum at the next Economic & Community Development Committee meeting. The meeting adjourned at 6:20 p.m. Brenda Jacober, CMC City Clerk KENT Agenda Item: Consent Calendar - 7C TO: City Council DATE: March 20, 2012 SUBJECT: Stop Loss Insurance Amendment - Authorize MOTION: Authorize the Mayor to sign the amendment for the LifeWise Assurance Company 2012 contract for the City's stop loss contract. SUMMARY: As recommended by the Operations Committee, authorize the amendment for the LifeWise Assurance company 2012 stop loss contract. After reviewing the city's large claims report, LifeWise Assurance Company was the only provider who agreed to continue the city's stop loss coverage for 2012. The city's stop loss policy provides added coverage for individual medical claims exceeding $175,000 per employee or dependent for each calendar year. The premium was increased by 19.8% for 2012 and is budgeted in the Health & Wellness fund. EXHIBITS: LifeWise Insurance Company Amendment RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Budgeted in the Health & Wellness Fund SECTION 2 DEFINITIONS Effective 01.01-12 The following definitions apply unless otherwise required by the context. With the exception of "we", "us", "our", "you" and "yours", these definitions are capitalized throughout the policy. 2.1 Administrator means the third party administrator selected by you to perform certain functions for your Plan. The term "administrator" as used in the Policy does not refer to the Plan administrator used in the Employee Retirement Income Security Act of 1974, unless you have specifically appointed the administrator as such. We are not the Administrator. We must approve the third party administrator selected by you. 2.2 Aggregate Attachment Point is equal to the greater of: A. The sum of the Monthly Aggregate Attachment Points for the Policy Period shown in the Schedule; or B. the Minimum Aggregate Attachment Point shown in the Schedule. 2.3 Annual Maximum is the maximum amount of eligible expenses you pay under your Plan, in excess of the deductible, per Policy Period, that we will reimburse as stated on the Schedule. The Annual Maximum will be reset each Policy Period. 2.4 Covered Benefits means those services and/or supplies received or obtained by a Covered Person that are covered by the Plan and Incurred during the Expense Incurral Period as stated in the Schedule. 2.5 Covered Person means an employee or his or her dependent or a Leoff 1 retiree or his or her dependent that are enrolled in the Plan during the Expense Incurral Period. 2.6 Expense Incurral Period means the period of time as stated in the Schedule for which a Covered Person may Incur Covered Benefits under the Plan. In the event that the Policy terminates prior to the end of the Policy Period stated in the Schedule, the Expense Incurral Period is modified, separately for Aggregate and Specific, to end on that date rather than at the end of the Policy Period. 2.7 Expense Payment Period means the period of time stated in the Schedule for which you may pay for Covered Benefits under the Plan. In the event that the policy terminates prior to the end of the Policy Period stated in the Schedule, the Expense Payment Period is modified, separately for Aggregate and Specific, to end on that date rather than at the end of the Policy Period plus the length of time, if any, between the end of the Expense Incurral Period stated in the Schedule and the end of the Expense Payment Period stated in the Schedule. 2.8 Incur or Incurred means the date on which Covered Benefits was received and/or obtained by a Covered Person under your Plan. 2.9 Initial Effective Date means the date specified in the Schedule when the Policy first becomes effective. 2.10 Pay or Paid means the date your check or draft for payment of Covered Benefits is issued and mailed or electronically deposited directly to the payee, within the policy period, and that the account upon which the payment is drawn contains sufficient funds to permit the check or draft to be honored. SLIP WA (10-10) 3 Definitions SECTION 2 DEFINITIONS (Continued) Effective 01-01-12 2.11 Plan means the employee benefit plan you have adopted in writing to provide benefits to your employees and their dependents, if applicable. 2.12 Policy means this policy, any amendments to this policy, the policyholder application, Plan, and Schedule. 2.13 Policy Period means the period of time that this Policy is effective as stated in the Schedule. 2.14 Schedule means the Schedule of Coverage that is part of your Policy. 2.15 We, us and our means LifeWise Assurance Company. 2.16 You and your means the Policyholder. SLP WA (10-10) 4 Definitions AMENDMENT NO. 03 This amendment becomes a part of Stop Loss Policy No. WA-518212-9999 issued to City of Kent, the Policyholder. It is stipulated and agreed that: Effective January 1, 2012: The following sections are replaced: Section 1, Schedule of Coverage; and Section 2, Definitions. All other terms and conditions of the contract remain unchanged, This amendment is signed for us at Mountlake Terrace, Washington on the policy amendment effective date. LifeWise Assurance Company lot� Michael Wozny President Instructions: Retain copy with your policy. SLP WA AMD (09-08) Amendment SECTION 1 SCHEDULE OF COVERAGE Policyholder: City of Kent 10FEWISE WA-518212-9999 Life I Disability I Stop Loss POLICY PERIOD: January 1, 2012 through December 31, 2012 COVERAGE PROVIDED (Provided if checked): 1.1 ® AGGREGATE STOP LOSS Attachment Level: ❑ 120% ❑ 125% ® Other: 200% Aggregate Expense Incurral Period: From January 1, 2009 through December 31, 2012 Aggregate Expense Payment Period: From January 1, 2012 through December 31, 2012 A. Covered Benefits: ® Medical ❑ Dental ❑ Vision ❑ Weekly Disability Income ® Prescription Drugs B. Aggregate Deductible (Composite): Composite Units Medical/Rx Aggregate Monthly Factor $2,302.27 C. Minimum Annual Aggregate Deductible: Greater of: $24,284,344 or 95% of the First Monthly Aggregate Deductible times 12. D. Limit of Liability: 100% of eligible expenses you pay under your Plan, in excess of the deductible, will be reimbursed to a maximum of$1,000,000. E. Claim Review is ® end of Policy Period ❑ Monthly with $ threshold. F. Monthly Premium Rate (Composite Units): $0.01 per Employee 1.2 ® SPECIFIC STOP LOSS Specific Expense Incurral Period: From January 1, 2009 through December 31, 2012 Specific Expense Payment Period:From January 1, 2012 through December 31, 2012 A. Covered Benefits: ® Medical ❑ Dental ❑ Vision ❑ Weekly Disability Income ® Prescription Drugs B. $176,000 Individual Specific Deductible per person. C. $NIA Aggregating Specific Deductible per contract year. D. Limit of Liability: We will reimburse 100% of eligible expenses you pay under your Plan in excess of the deductible. The maximum we will reimburse you per person: Annually: ® $1,825,000 ❑ Unlimited Lifetime: ❑ $ ® Unlimited E. Specific Advanced Funding: ® Yes ❑ No F. Monthly Premium Rate: ❑ Employee Only: $ Family Rate: $ ® Composite: Employee & Dependent: $49.61 1.3 ❑ TERMINAL LIABILITY PROTECTION ❑ Yes ® No If yes, number of months: SLP WA (10-10) 2 Schedule of Coverage KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: March 20, 2012 SUBJECT: Engineered Control Systems Agreement for Corrections Facility Project - Authorize MOTION: Authorize the Mayor to sign the goods and services agreement with Engineered Control Systems in an amount not to exceed $25,424.27, and authorize the expenditures from the Justice Assistance grant budget with terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Engineered Control Services (ECS) is a single source of supply involving electronic control of doors, intercoms and cameras through their specific equipment within the city of Kent corrections facility. The Agreement provides replacement of some of the existing cameras, as well as installation of camera in new areas. EXHIBITS: Agreement and signed waiver pursuant to City of Kent Administrative Policy 1.1 RECOMMENDED BY: Parks Committee BUDGET IMPACTS: None. Funding from grants for Jail Building Upgrades: FY2010, Justice Assistance Grant, Police grant #N0023 $ 6,269.27 FY2011, Justice Assistance Grant, Police grant #N0024 $19 155.00 $25,424.27 a - iCENT GOODS &SERVICES AGREEMENT between the City of Kent and Engineered Control Systems (ECS) THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Engineered Control Systems (ECS) organized under the laws of the State of Washington, located and doing business at 2717 N Hogan St, Spokane, WA, 99207, 509-483-6215, Glen Whipple (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: Provide (1) wide angle dome camera to the lobby for better coverage. Provide (1) Pan.Zoom Tilt camera to replace existing PTZ on the roof. Provide (1) video quad unit, cables and installation to the existing video system to veiw on the exisiting monitor in the lobby reception area of 4 cameras. City to provide which cameras to be veiwed. Provide camera in holding cell #1, & #2 to be veiwed by the Booking lounge area. Provide and install (1) 24" monitor & (1) multipexer in the Booking lounge area for the new and future cameras. Provide a loop through from the existing monitor in Booking to the new monitor in the Booking lounge area. Provide (1) new dome in the kitchen to replace the existing camera. Provide and install (2) outdoor cameras at the Annex/Work Release building. Provide and install the cable from the cameras to the existing multiplexer. Provide (1) power supply for the cameras. City to supply the video monitor at the Annex/ Work Release center. Total $20,798.00 Provide and install (4) new Bosch Dome color cameras on the exterior of the building: Provide all connectors and terminations as needed for proper operation. Provide set-up and testing of each camera. Provide one year warranty. This work is quoted to be performed at the time of the additional video work that was quoted, otherwise there will be travel and per deim added. I Total $2,336.00 GOODS &SERVICES AGREEMENT - 1 (Over $,10,000.00, including WSST) 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 March 31, 2012. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $25,424.27, 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: Purchase Order upon receipt of invoice from vendor. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or. services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final _Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. GOODS & SERVICES AGREEMENT- 2 (Over$10,000.00, including WSST) I 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. 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. VT. 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 GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) section. The Vendor shall give written notice to the City of all claims within fourteen (14) 9 i 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 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 GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, 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. 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 A attached and incorporated by this reference. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, .and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if-sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) 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:&T/bk I AjaZ1014r JR Print Name: Suzette Cooke Its Its Mayor (title) DATE: /—/72 -;?A/7 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Glen Whipple Commander Curt Lutz Engineered Control Systems City of Kent 2717 N Hogan St 220 Fourth Avenue South Spokane, WA 99207 Kent, WA 98032 (509) 483-6215 (telephone) (253) 856-5964 (telephone) (509) 483-5102 (facsimile) (253) 856-6961 (facsimile) APPROVED AS TO FORM: Kent Law Department GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) 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. °e Dated this � day of JPU64/ By. For: Title: /�C�fl7rni5 �P�L+96�e Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 i CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE SATE: 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 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 7�(V ielfP /) NOL Jc1S��w4 �- Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as�c. XJ6 RcRWPA-Tthat was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied full with all of the requirements and obligations as outlined in the City P Y 9 9 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 —1 �4° 20 By: For: 6u6O1JZF,0FQ �lJV2oL 1G . Title: t�s®F.PAr/dlJs `yYIr96FG Date: i EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A 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. 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 1185. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. 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. it EXHIBIT A (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. "I ��1 ® TE(MMlDOlYWY) I f. o CERTIFICATE OF LIABILITY INSURANCE DhmlaBlzDs 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). a w PRODUCER CONTACT 9 NAME: AGO Risk InsUran Ce Se Nices West, IOC. HONE (g66) 183-]122 FAX (E4]) 953-5390 C Los Angelcs CA office (Nc.No.e.q: ac.Nn.: 707 Wilshire Boulevard E-MAIL 2 j Suite 2600 Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAIC4 INSURED INSURER A: Federal Insurance company 20281 Engineered Control Systems, Inc. INSURER 9: Great Northern Insurance Co. 20303 _ 2717 N. Hogan Spokane WA 99207 USA INSURER C: Pacific Indemnity co 20346 INSURER D: _ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570045181349 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits Shown are as requested LINSR TYPE OF INSURANCE INSR WINPUTU POLICY NUMBER MMmOM'YY MMM LIMITS A GENERAL LIABILITY 3 110 EACH OCCURRENCE S1,000,000 G Yo $1.,000,000 X COMMERCIAL GENE LIABILITY PREMIBES Ee occurrence CLAW MAL I n OLeuR MED Ez (n y e Pereonl _ $10,000 PERSONAL 1DV INJURY 81,000,000 m ---- GENERAL Ao6PEGAr SL,000,000 f.£N'LAGGREGATE LIMIT APPLIES PER IRODUCTS COAL PIOP pGR $2,800.000 POLICY % FRO- X LOC Ilr B AUTOMOBILE LIABNTY 73558729 09 Ol 201109 Ol 2012 C.INOYEa,SINGLE LIMIT §1,000,000 fE Neno ._ BDOILY INJURY I Per person) O X ANY AUTO -- -- z ALL OWNED SCHEDULED BODILY INJURY Per accident) AUTOS AUTOS PROPERTY DAhUGEW,, DOD 0 NON OWNEDPerauddenll '— HIREDAUTOS AUTOS N UMBRELL4 LIAR OCCUR EACH OCCURRENCEAGGREGATE.E%LCSS LAf3 CLAIMS-MADEDED RETENTION C WORKERS COMPENSATION AND 71739717 01711/1111 09/01 2012 X TORYSITS OREMPLOYERS'LIABILITY YINANT PROPRIETOIi1PARTNERIE%ECU¶VEE.L.EACH ACCIBENTfFICEMrIEIABER E%LLUDIiOt NIAtMendatory in Nil) EL DISEASE-EA EMPLOYEE , , Ilyyes,d..cdbe under E.L.DISEASE POLICYLIMIT S1,000,000_ DESORIPTION OF OPERATIONS below . Wil DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Ailach ACORD IDL,Additional Remds Schedule,N more space Is required) RE: ]ob No.: Small Works 11-#28, )ob Name: Installation of Some New Cameras. certificate Holder is included as Additional Insured as required by written contract, but limited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General Liability and Automobile Liability pOli Cies. A waiver of Subrogati on is 9ranted in 4 favor of Certificate Holder as required by written contract but limited to the operations of the Insured under said contract, with respect to the General Liability policy. CERTIFICATE HOLDER CANCELLATION �r- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE y� EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE �I POLICY PROVISIONS. ast�3 City of Kent Corrections AUTHORIZED REPRESENTATIVE Attn: Curt LUTZ (J' Sob No.: Small Works 11-#28 14 ajrrQefY69 .W.s, q . Ken Fourth 32 USA South aJ �/ eJ Kent WA 98032 USA -- 01988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD I� INSURED Engineered control systems, Inc. 2717 N. Hogan Spokane WA 99207 USA Companies Affording coverage Polio-! Line Of Business Description Cumpany NAIL Primary Percentage (Y/N)Flag of Risk i 35911023 General Liability Coverage Federal Insurance Company 20281 Y 100 71739717 workers Compensation - Casua Pacific indemnity Co 20346 Y 100 73558729 Business Auto Coverage Great Northern Insurance Co. 20303 Y 100 .. _ - and no[ 'Bin[ end are the Sub scribe ng ir.curers' L o gchair under sac[s of insura The [o .+nice obey subscribe are swepo_' 7 l imi rod Sol el}� Cn [be e>:rent of [heir individual .wbscrip0i ons. T.he subscribe ng insarers are nn[ responeible for the suhscrip[Son of nn}: co-subscribiu9 insurer Mtho for any reason does not sacsfy all or part of its obligations. Certificate Number: 5 7 00451813 49 it Policy Number 73j58729 ENDORSEMENT Named insured CORE N CFIOLDWG,LLC Effective Date: g-()j 2ol1 12:01 A.M., Standard Time Agent Name AONRISK 5ER\ICES WEST,INC. Agent No. ADDITI.OIdAL INSURED - WHERE REQUIRED UNDER CONTRACT OF AGREEMENT Schedule Additional insured: Any person or organization for whom you are contractually bound to provide additional insured status but only Co the extent of such person or organizations liability arising out of the use of a covered "auCou I . SECTION it - Liability Coverage, A. Coverage, 1 . - Una is insured, is amended to add: d. Any person or organization, show -in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any eonL-pact: or sareement you enter into which requires you to forrnish insurance to that pniwon or organization of the We prcmided by this poL�:y, t:ut•nih scaLer�o , o liability ati•ui a out of use of a covoucd "auto' . Hnwever, the insurance provind wal not exceed Lh.e lesser of: - (1.) The coverage and/or limits of this Policy, or (2) The coverage and/or limits required by said coriLraet or agreement . L.. 16-02-0210(Ed. 1-01) Liability Insurance Endorsement Policy Periad SEPTEMBER 1,2011 to SEPTEMBER 1,2012 EYlactive Date SEPTEMBER 1,2011 Policy Number 3511023 Insueod GORES N-G HOLDINGS,LLC NoMeofCOMPany FEDERAL INSURANCE COMPANY Data Issued SEPTEMBER 20,2011 �.amnwe,aw,v,wvHEl(ivssn�MAvta4W�axeliluWwvurnaa,ep..v-syswmnr+a1 �'�2v�w.HVhi+lH—.v.:eSCSY+bW Wa�✓.u.'uxs—�.ueu:de+✓ev.av This Endonemmttapplies to the following fonnS: - OENERALLIABILITY , Under Who is An insured,the f011owmgprovssionis added VVho is An Insured SchedulvdPerson Or Subject to all oftho terms and conditions of this insunnec,any person ororganizationshounr in the Organization Srhedu1%aoting pummIt to a wiiUea cowwturagaemeotbetwecn yoaand such person or otganizaEon,iS to insured;but thoyare lnsureds only wiot respect to liabititye icing out of yaot- opeintions,or you pmook s,ifyouaoobligated,pnrsua"VO such contractoragrecmcny to provide thorn with such insuanceas is afforded by this policy. However,no suchpumoo or organizationis an insured withrespectto any,. ass Wlptioaofliabilityby them in a contract orag[aemenr.'[hts limiradondoes not apply to the liability for damages for injury[or damage,to which this im mnceapFlies,that The person - or organizationwoald Lave In the absence Of such cotttroctofagrcenart damages arising out of1twir sole negli genes. Sahedulo ', ANY PERSONOR ORGANIZATIONTO WHOMYOU BECOMEOELIGATEDTO INCLUDEAS AN ADDITIONAWNSUREDUNDERTHIS POLICY,AS A RESULTOF ANY CONTRACTO.R.AOREEMBNTYOU ENrI3RINTOW11.ICH REQUIRESYOU TO FURNISHINSURANCBTOTHAT PERSON OR ORGANIZATIONOF THBTYPE PROVIDBDBY THISPOLICY,BUTONLY WITH RESPECTTO UAEt41PYARISING OUT OF YOUR OPERATIONSOR PREMISESOW NRD 13Y OR RENTBOTO YOU. HOWEVER,THB INSURANCBPBOV WBDW ILL NOT BXCEEDTHB LESSER OF; tAMuBylnaxmmcw A4,101mat kmud-schedufed"ItalEtjIIiS4PhuTy— mnfimred I Puge} FOIm 88-02-Y3B7lRW,e-P1J FncbrsentorR i t.iabitity Endorsement (continued) -'I'}IECOVERAGEANDIORLIMI'fS OF THIS POLICY,OR =fHE COV13RAGEANDIOR LIME SREQUIRED BY SAID CO WRACT OILAGRHRMENT. HEERY INTERNATIONAL,INC 109914TH STREGT,NW,SUITE 101 WASHINGTON,DC 20005 YOLO CQUN'f Y S41ER(rVSOP FICE 41793 GIDSON ROAD WOO))LAND,CA 9,5170 All other terms and condilionsremain unchnoged. AolAoiheJ UANWInsurawa Art01rlatnrrruwad-scham,lenro+a43�fAeny Gopy r''tt Psss Form HO-DZ-7J77fRa✓.0-09 ErtJwsemw+t Pogo 2 Genera!Liability Conditions oth®f insurance D, that is insurance, (conflnued) 1, pmvldedto you by anylwmanurorgaaization workingundereoutractor agreement for you;or 2. under which you are included as an insured;or 11. that is inseraneeunder any Pmpertysaation of this policy. When this insurance is excess,we wilt havens duty to defend the Snsured against atty suit if any other insurerhns a duty to defend sueh Insured agaluSt such cult If no other insurer defends,we will undertake to do sa,but we wlli be entitled to dw luenrcd'a«glns agniustnll those other- inaunas. When this insurance is %cuss overotherinsmancc,we will pay only our shwa of the mnount of loss,ifany,that exceeds the smu OHM amount that all other insurance would pity for an in the sbsenceof this insmancot and of all deductible and self-insuadrmeunts under all pAter ingurflnae. We will sbam the remairdog loss,ifany,with any other hlsnranccthat is not described in this Bxcess huumnoe provision and was not negotiated specifically to apply iD ezceas ofAre Umus of Inaumnec Alown in tho Deolexationaof this uisutame- Method of Shaday ]fall of the other insumn s,permits cotnribution by equal sham,I'm will follow nris method also. Under this acrhod aeb insurer conhibutesequal amounts until it has paid its applicable Iunits of imarence ornene of the loss remains,Aichevefcomes first Ifany of the other in9urerue dues not pemsitcomdbutiouby qual shares,we will contribute by limits.Under this metlmd,each tosumeshere is based on the ratio of its applicuble,limits of insumnco to Are total applicable limits of insurance of all insurers. FralnfUmAUdit ,\ We will wmputeatt premiums in r d m ussurnnceln accordance with our cults and rates. In accordance with the gethasurdpremiums section ofthe Premium Summary,premiums showo whir an asmflat,(a)are estimated premiums and as subject to audit. In addition to or in lice ofsuch dasignationin the premium Summery,premiums may be designated as estimaledpranittmselsewhere in this policy,in that case,these ppemiumewill also be subject to audit,mad the second lmragraphoftheHstimabdpn;miumas a"m ofthe Premium Saw Mary will apply, SBparallonOflnsUrads iExcept lithmPeatto Ito nsurance todwftd named insuteA Ibis nsuuanceappFeswordulesapecffiagyassigvdmb5 ..as ifeach namedhrsured womate only named tasorAsind .. .. .... '',. separatelyto each lnuuredagtigat whomclaim is made or suit is brought. '.. rc t ,S .: d e;v :: '•!3[0'.....(,t�'i .F ss.nMSI a ..' 'l`Ac ' ��s ..fie .:" , 4,.•.A.YTS.[. .. .. . ',r Reference Ca rreaarrnawan�a py ar[pa zs a:+z roan&"z-200gRBV.4-01) cedwa ondltlons Y (confirmed) TransfeYOrWalverOf WewillwaivedterishtofrmoverywewouldothervAsehavehadageinstanotherperWnor RightspfRecovery orgauizattan,forlosstowhichthisiasuruteapplics,providedtheInsuredhaswatvedtheirrights Against Others ofrecovary against suck person or organization in a contract or ugreement that isexecuted before suohloss. To Ole extent that the tautred'srights to recover all or part of any payment made under this insurance have ml been waived,those rights are Imuskxredto us,The insured out do nothing after less to impeirthem.At our request,the luau red will bring suit or 6ansfar those rights to ug and help us onforce them. 1Lis condition does not apply to med lea I expenses xr hm . wolf am" ".. I tt.6mylnsumnco Reference Copy Perm 80-02-200gRev.441) aontrad Peg.24 of32 CITY OF KENT LAW DEPARTMENT CIVIL DIVISION 220 4"Avenue South ® - Kent, WA 98032 K��.y-. Fax: 253-856-6770 WASHINGTT PHONE: 253-856-5770 M M 0 I� To: Suzette Coke, Mayor From: Ken Thomas, Chief of Police CC; Jon Straus, Assistant Chief, Support Services Date: November 7, 2011 Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1 For Expenditure of $28,955 funding from the FY2010 and FY2011 Edward Byrne Memorial Fund, Justice Assistance Grants The City's Police Department is requesting you waive the procurement requirements set forth in Administrative Policy 1.1 for purchases between $1.0,000 and $50,000 for the City's contract with Fngineered Control Services. Contracts in the amount of $10,000 $50,000 require telephone or written bids under City of Kent Administrative Policy 1.1. The City policy, requires that before the City can- enter into a contract for materials, supplies, equipment, or non-professional or non-consultant services, the cost of which will be between $10,000 - $50,000, City staff must obtain at least 3 telephone or written quotes. Iiowever, because the services provided by Engineered Control Services are a single source of supply involving electronic control of doors, intercoms and cameras through their specific equipment within the City of Kent Corrections Facility, public bidding is neither practicable nor in the City's best interests. Therefore, the Police Department requests your approval to enter into direct negotiations with Engineered Control Services for upgrades to the original camera equipment in the Corrections Facility and the Jail Annex building and new camera installation that will all be controlled by their sole source equipment. If you approve of this waiver under City of Kent Administrative Policy 1.1, the Police Department requests that you indicate your approval by signing below. CITY OF KENT uze C o1ce, M yor Date: l-- KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: March 20, 2012 SUBJECT: Cascade Door and Hardware Agreement for Municipal Court Remodel - Authorize MOTION: Authorize the Mayor to sign a goods and services agreement with Cascade Door and Hardware in an amount not to exceed $25,998.59 to furnish door hardware for the Municipal Court Remodel Project, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: The City of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovating the building to accommodate housing the Kent municipal court clerical staff and probation staff. The purchase of locks and door hardware is necessary to maintain consistency with the city of Kent locking system. This agreement is for door hardware and locks at Kent municipal court. Cascade Door and Hardware was selected from three written quotes. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Budgeted in the Municipal Court budget KENT GOODS & SERVICES AGREEMENT between the City of Kent and Cascade Door & Hardware THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cascade Door & Hardware organized under the laws of the State of Washington, located and doing business at 6101 199 h St. NE, Arlington,Wa 360- 435-0821 Sean Bayha (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: Furnish Door Hardware for remodel at Kent Municipal Court located at 1220 Central Ave S, Kent, in accordance with Proposal dated December 29, 2011, which is attached as Exhibit A. _J 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 April 2012, III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $25,998.59, 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 11..__ .l.rn nnn nn I...R. - IA/CCT) Net 30 after delivery of items. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves ----the-option : Y- o-on' -pay-that-portion-of-the-invoice-not in-dispute: In,th-at event, the-Parties will— immediatelymake 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 good's, materials or ser--vices. 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 v�rith 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, ENDEPENDENT CQN T RACTOR€ 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 enraged . 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 cue 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 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 (1-16I) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) da.ys 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, belo,.v. 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. /TT �1 AiIMS. If th, Vend�r di5a"ees —i+1, �n ything re"'I"A b`y'. 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 GDOES & SERVICES AGREEMENT - 3 CLAIMS ARISING IN ANY DNA`( FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written noticc 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; A. The estimated dollar cost, if any, of the claimed work and how that --estimate-was dete-rmined; 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 va,aives 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 Vence,- 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 de`ects 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 & SFRVT_CES AGREEMENT- 4 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 a,-id the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the ;nirir.g 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, orthe presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and, available to perform the work to which the -- employmentrelates, - 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 MUTE IAI I V 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 vega L'�'P there ::'=$ 9 t��ret,yf��l ,YefL'Sal cn 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. .." RK PERFORMED AT VENDOR'S RISC. 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 XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to, Ci-i1apter 3,80 of tiie Kent City Code, the City . requires its contractors and consultants to use recycled and recyc�able products whenever practicable. A price preference may be available for any designated recycled.produa. 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 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 he 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 -o- this Agreement shall continue in full force and effect and no further assignriment shall be made without additional written consent c Mcdi`icat:on. No waiver, alteravcn, t,en of any cf the prcv,s,ons 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, a-rid personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 L Coun-.erl; i� . This Agreement may be executed in any number of counterparts, each of 'which shall constitute an original, and all. of which wiii together constitute this one. Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CITY TY OF KENT: 13 Y' - — -- �si n3FU-e (stgnae,�re) y J Print Name: - �L- Print Name: Suzette Cooke__.__ Its_ �^ - emu . 1�� � �. Its Mayor (ti"lc) DATE: _ DATE, F`16TICES TO BE SEWT TO: NOTICES TO BE SENT TO: VENDOR, Ci ITS €lF KENT: Sean Bayha Rosalie Givens, Facilities Assistant Cascade Door & Hardware City of Kent 6101 199`h St. NE 220 Fourth Avenue South Arlington, Wa. 98223 Kent, WA 98032 360-435-082I {tei phone) (253) 856-5083 (telephone' 360-435-0825 (facsimile) (253) 856-6080 (facsimile) APPROVED AS,T O FORM: Kent Law Department Cesaeeaocr ' GOODS & SERVICES AGREEMENT - 7 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 specie-ically 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 w day oft _ 20 . By. — For; Title. uh - CITY OF KENT A-U'7IIV'ISTRA IVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUE33ECT: 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 Daar`i. Of ti is r"gi @ciTi ci it. 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. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. 1, the undersigned, a duly represented agent of47 ��� Company, hereby acknowledge and declare that the before-mentioned cornpany was the prime contractor for the Agreement known as �_ that was entered into on the �p2 (date), between the firm I represent and the City of Kent. i declare that I complied i'ully with all of the requirements and obliaations 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 4v _ day of �� _ . , 20� J` By. -- - ��For: Title: Date:_ C- CASCADE DOOR&HARDWARE 1 oi° 6101190'A..6E PH:(360)A°5 0921 FAX:(366)635-C825 - PROPOSAL DATE; 12/29/2011 JOB NAME: Kent Municipal Building TO: City Of Kent ATTN: Mike Hattrup ARCHITECT: FAX: PLAN DATE; WE PROPOSE TO FURNISH DOORS, FRAMES, AND HARDWARE AS FOLLOWS: HARDWARE Includes: All Materials as Specified in Hardware Schedule. Any changes to the following Hardware is Subject to Price Adjustment. Locks UNIT NET NET TOTAL 2ea.ML2057 LSA 630 CT6 $ 304 $ 608 4ea.ML2056 LSA 63D CT6 $ 304 $ 1,216 1 ea.ML2010 LSA 630 $ 230 $ 230 lea.ML2011 630 CT6 $ 182 $ 182 Exit Devices 1 ea.CX98EO-F $ 1,545 $ 1,545 Sea.CX98EO $ 1,470 $ 7,350 4ea.98EO $ 601 $ 2,404 lea.EL9827NL-LBR $ 1,355 $ 1,355 lea.9827 EO-LBR $ 842 $ 842 lea.CD96NL-OP S" 694 $ 694 Sea,EPT-10 Power Transfer $ 247 $ 1,482 lea.EPT-2 Power Transfer $ 233 $ 233 tea.PS914-2RS Power Supply $ 390 $ 390 sea.PS914 Base Power Supply $ 314 $ 1,884 Closers 2ea.4040XP Rw/PA x TBSRT ALUM $- 231 $ 462 lea.4040XP EDA x TBSRT ALUM $ 246 $ 246 Miscellaneous Hardware Sea.FEB179NRP 4.5"Hinges $ 19 $ 57 lea.1104 Electric Hinge Mod $ 96 $ 96 7es.6211 ESE Electric Strikes $ 281 $ 1,967 tea.1080.114.6 Mortise Cylinder $ 56 $ 56 Sea.S68 Gasketing $ 11 $ 88 2ea.104S Overhead Stops $ 171 $ 342 2ea.Wall Stops $ 7 $ 14 Net Total $ 23,743 Exclusions:Permanent Keying,Cabinet Locks and Sales tax. Hardware-FOB Jobsite:$24,123 The above cost breakouts are for accounting purposes only. The above prices are based on buying the above job as a package. Proposal is good for 30 days. Any purchase orders or contracts awarded after 30 days may be subject to cost adjustments. Lead Time For Hardware:4-6 weeks Upon Receipt of Approved Submittals. Sean Bayha Mobile: 425-350-4318 E-MAIL seanbl-cascadedograndhardwara.ccm CASCADE DOOR AND HARDWARE 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 he endorsed to provide contractual liability coverage. 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 !SO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance 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, S2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 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 -- _-- 1. The Contractor'sinsurance 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 shalt 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 rertific, tes and a cony 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 ail of the same insurance requirements as stated herein for the Contractor. ACCES-2 _OP ID: MIS PATE IMMIDDNY ) CERTIFICATE OF LIABILITY INSURANCE - �02102M2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TF;_ CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY !AUTHOR ZED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: I#the certificate holder is an ADDITIONAL INSURED, the policy(ies) must he endorsed. s SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require m endomernent- A statement on this certificate does not confer rights to the certificate holder in Lieu of such endOmement(s). c'NTACT PRODUCER 360.629-2103 NAME: _ PHOKE W- NEl Thomas 8.Assoc Ins Broker,Inc Lucke P D Box 457 SNAIL Stanwood,WA 98292 ADDRESS_ NAIC$ Scott Thomas INSURERS APFCRDING COVERAGE -- _—20494C -- __ INsuReRA:CNAInsuranc_Co�a __— INsuREo Access Assoctateslne INSORaRB: ---- dba Cascade Door&Hardware wsuRERc _.--------- _- 6101199th St NE Unit INsu,rtRD, --------- Arlington,WA 98223 a1suRER E: --- wsuRERR: REVISION NUMBER: COVERAGES CERTIFICATE NUMBER: E BEEN ISSUE _ _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE TERM OR ONDITION1)BELOW �OF ANY CONTRACT OR OTHER DOCUMENT WITH SPEC TO WHICH THIS INDICATEC. N07Wn:-ISTA.NDING ANY AEQUIREtdENT, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE lh'SURANCE AFFORDED 9Y THE POLICIES DESCRIBED HEREIN IS SU[3JECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED F P PIOD IcEIbFS. LIMITS INSftI Apv pL�µUE PDL'CYNUMBER WMIDDN YY HAMJDEY.YY LTft TYPE OF INEDRAND__ EACH OCCURRENCE S 2,000,00 GENERAL LIAaIUTY _ q O WREN - S aoa,00 4024439006 02101112 02l011.3 REdtlsEs aoccurcenco ip,00 A X COLRdERCULGENERAL UABILOY MED EXP( -ane pawn) S CLAIMS-MADE OCCUR PERSONAL&ADVINJURY F 2,000,00 GENERAL AGGREGATE S 4,000_00 PRODUCTS-COM_PIePAGG F 4,000,00 GF.N'LAGGREG�AI�E LIrdR APPLIES PEIB 5 POLICY! A( IrR LDC (WMBINED SINGLE UNIT S 1,000,00 COMBINE pUr MOBtLELIAWLITY 4924439149 02l07M2 02/01l13 3DDILYINJURY(Par vatssnn) s __ A X ANYAUTO SCHEDULGO BODILYINJURY(Paremidsrt) F ALL OWNED AUTOS PROPENTY�ANInGE S AUTOS NDN OV'NEp Feraccident ➢. HIREDAUTOS X AUTOS S - EACH OCCURRENCE $ 1,000,00 X' UMBRELLA LIAR X OCCUR F 1,000,00 A EXCESS LIAR C'.AIMSTIACE 4024449745 02101112 02 O1113 AGGREGATE _ pip X I R'TENTIpNS 10000 —' WCSTATU- DTH- IN G wDRKERS COMPENSATION - 1,000,00 AND EMPLDYERS'LIABILITY YIN 4024439006 MOV12 02101113 EL EACH ACCIDENT S -- A ANY PRO?RIETOWARTNERIEXECUTNE ❑ NIA EL DISEASE-EA EMPLOYEES 1r000,00 OFFIGERIM=MBER FXCLUDEDF STOP GAP 2,000,00 (Mandatory In NO) EL DIBFARE-POLICY LIM1irT F __ 'n'09 RIPTIDa OF O pESCRIPTION OF OPCRATIONS below — !'mote spz:e is requlYetll DESCRIPTIONOFOPERATIONSILOCATIONS!VEHICLES (Attaeh(Aft -'Rem 'SeheCub, The City of Kent is additional insured with regard to operations of insured ..insurance is primary...waiver of subrugation applies Re: Vendor#420834 CANCELLATION CERTIFICATE HOLDER SHOULD ANY OFTHE ATE T DESCRIBEDTHEREOF, OTICE WILL CBE ODE'WERE BE O RIN THE EXPIRATION DATE THEP.EOF, City Of Kent ACCORDANCEWTH THE POLICY PRCVISICNS. Park Facilities 400 West Gowe St Suite 122 AUTHORIZED FEPRESENTATNE Kent,WA98032 Scott Thomas ©1988-2910 ACORD CORPORATION. All rights reserved. ACORD 25(2D10105) The ACORD name and logo are registered marks of ACORD Policy # 024439006 SE 1�69S2-D MA (Ed.07109) THiS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED—LIABILITY EXTENSION "his endorsement modiflas insurance provided underthe fcllowing: SUSINESSOVINERS LIABILI T Y COVERAGE FORM Coverage afforded under this extension of coverage andorsement does not apply to any person or organization ccvored as an additional insured on any other endorsement now or haroaf'.or attached to this Policy. 1, AUDMOM INSURED-13LANKEfVERDORS - e:nptoyaas or anyone e'.se acEng eR its behalf. However, this exclusion does not WHO 1S AN INSURED is amended to include as an apply-to: additional insured any parson or organization(refarmd to below as vandol with whom you agreed, because (1) Tire exceptions contained in of a written contract or agreement to provide Subparagraphs d.orf.,or inswanca, but only with respect to 'bodl!y ln,ury' or (2) Such inspections, adjustman''.s, tests or 'proparlydamage'arising out of'your pmducts'wh'.ch servicing as the vendor has agreed to are distributed or sold In the regular course of the male or normally undertakes to mako in vendor's business,subject to the follpwing additional the usual course of businass, in excluslonm . connection with the dstlbuilon or sale of 1. The Insurance afforded the vendor does not apply the products. to: 2. This insurance does not apply to any insured a. 'EodRy Injury`or'property der;age"for which parson or organization, from whom you hays the vendor is obligated to pay damages by acquired such products,or any ingred;sn%pad or reason of the assumption of Ilability m a conlalner, entering Into, accompanying or contract or agreement. This exolusion does containing such products. net apply to Ilablfty for damages that the 3. This provi%on 2, does not apply to any vendor vendor would have in 'Hie absence of the lnoluded as an Insured by an endorsement Issued contract or agreement; by as and made a part of this Pollcy. fa. Any eypresswananty unauthorized byyou; 4. This provision 2.does not apply if'bodtly injury or e. Arty physical or chemical changedo In the Mmp_ted 4operatcuL hazard' srn trio excludad abhor roducts- product made infant ovally n unpacked vendor; by fine provisions of the Pollcy or by endorsemant d. Repackaging, except when unpacked sofa!, for the purpose of lnspeccfion, d-monstrallan, 2 WSMLLAREOUS ADDITIONAL INSURED& testing, or the subsiltuGan of pars under WHO IS AN INSURED is amended to include as an Instruction from the marrufacv&ar, arxi'hen insured any person or organization (caBad addtionaf - rspackaga3lnihe original container; Insurad) described in paragraphs 2.a, tluough 2.E. ar. Any failure to make such inspections, below when you are required to add as an addiflonai adjustments,tears or servicing as tha vendor insured on this policy undar•a written contract or has agreed to make or[,ortna!ly undertakes to agreement but the written contract or agreement must make in the usual course of business, to be: oonnaction with the dlsLlbutlon or sale of the 1_ Currently in affect or becoming off active duringthe products; farm of this policy;and I. Damonstratlon,insiallation,s6nicingorrepair 2. Executed prior to the 'bcdily injury, 'property operations,except such operations perfa mod damage'or'porsonal and advertising injury,'but at the vendor's premises in connection with the sale of the product; only the folfbwirg parsons or organlza'Jons are additional Insureds under Phis endorsement and g. Products which, attar distribution or sale by coveraga provided to such additional Insureds is you, have boon labeled or relabeled or used limited as provided herein: as a container, part or ingmdlert of any other ihingor substance byorforthevendor,or P. Addltanal Insured-Y=Work h. `Rodgv inlurv' or 'property damage' arising That person or organization for whom you do out of the sole nagiigenca of the vendor for its work is an additional insured solely for habhrfy own acts or emission or these of its due to your negligence specifically resulting SB-146932-D Pago 1 of 5 (Ed.07/09) 56-19br?3$D (Ed.07M) Paragraphs 6, 4, 5, and 6 of this (5) Any trustee, r you or an adlticnal exclusion do act apply to Vaulty insured is a trust;or assumed under a sldetmakagrearnent (e) Any elected or appojntade5idal, if you or Paragraph 6 of th!s exclusion dais not an adcitlona! insured is a polltloal apply to 'property damage' Ineludad in subdlvislonorpuhilcent"y. the 'products ccmplatad cparatlans Tnls"paragraph e. applies saga ataly to you and any adit�l Insured. B. Under B. F_-clustons, 1. Applicable to 6. Boddy Injury anshm" Ltab9ity Covkrzgm, the last paragraph of R. Exclusions Is dieted and Section F. Uthifity and taadtoal Expenses roplacod by the foliovifig: ➢effnHlons,item s,`6odlfy Injury' is dolatad and Exclusions a,d,s,f,g,in,f,kr f,no,n,and o, replaced willh Eno following: do not apply to damage by fire to premises "Bodiify injury' moans bodily injury, sickness or white rentedto you or temporarily occupied by disease sustdaed ty a person, Including death, you with permission of the owner or to fie humflation, shock, mental anguish or mortal contents of promises rented to you for a injury by that person at any iima which results as porrod of 7 or fewer eonseeuflva days. A a consequazse of the bodily Injury, sickness or separate limit of insurance applies to this dissasa. coverage as described h Section D.Mxhi[ify T. Expanded personal act:] kdvcrtts?rxJ injury And btadksl Expansas t.imits 4f 7 ➢ ffnf Fost Insurareca. C. the first Paragraph under item 5.Damage To ilia fol!owing is added to SeciiomP.Lability and premiers Rantrrcf To You Limit of SsctEo r Medical F�rues Definitions, Rem 14. ➢. Lkbiffty And fdedkal Expenses limits Personal and Adamraing (dirt . in the of Insurance Is replaced by the ollowmg; Form: soeaners General Liability Coverage Font: The mostwo will pay under Business Liability h, Discrimination or humiliation that results In for damages because of"property dome;-e injury to the feelings or reputation of a natural 10 any one promises;white rented to you,or parson, but only if such d!sceirnratlon or tomporadly occupled by you, with iha humiliaiion is: permission of the owner, including contents of such promises panned to you fir a poriod of 7 1. Not done Intantiarai!y BY or at tiia or fewer consecutive days, is the Damage to dlrsoflon ot. Premises Rented to You limit shown In the a., Tha Insured;or Declaratfon. b. 6,ny '"'a,.M1tnrS effiaer'. eirad,, $ a, Breedr, tiadgo@foukre*ice siockholdsr, partner, member or 3t The foCavr'ng items are added o E. manager(If you are a limited liability Eua?nassuwnars Genera{ U45 ty Gchclilbrls company)of the insured;and the 13usf11€aso16ners l.fabTity Coverage g, Not dlractly or indlrect!y related to the Fom*. employment, prospasdva employment, e: Paragraphs a, and b, apply to you o:to any past a.7pioyment or termination of additional hnrod only whan such employment of any person or person by occurrence;offense,claim or'sulf is kno m any Insured, to: s. The fc!lowing is added to aclus ors,Sa4ticn (1) You or any additlonat insured that is an indfridual; (15piscrimtnaf[on Relating to Roam, (2) Any partner, if" you or an additlonat Dwelling or PRmis&S insured is a partnership; Caused by dlscriminatlon directly or (3) Any managar, if you or an additional Indirectly related to the sale,rsntal, lease Insured is aUmited liability conk pany; or sub-lease or prospactive sale, rental, [ease or sub-!ease of any room, dwelling (4) Any manager,if yo!u exocutva or an add itionral Insured is Insurance or premises by or at the direr Ion of any a corporaifon; last,4d' SB-146932-D Paga 4 cf S {Ed.o71os) ' SF3 146832-D (Ed.0710S) (2) 5tttra'-ural aflwaCans, new Damage To Property, Is replaced by '1 a construction or demolTon ooereflons following; perfonnod by or on behalf of such k, 0amegeToProP9,"Y additional insured. g: Co-owner of Insured Promises damags"ms - A co-owner of a premises co owned by you 1. Property you own, rent or occupy, and -cvGrod under this insurance but only incurred a7y costs or expanses with respact to the co-ow�abiityas co- —incurred you-or any other-parson, owner of such ramfses, replaorga ernein or Ent enhance for m enhancement, P replacemQnt, h. Lessor of Equipment restoration or malntenanco of such Any person or organization from whom you proventprogeny' for any reason, ersonGOr lease e ui ment.Such arson or organization damage to n injury to a Person or q p p damage to an❑thoPs property; are insureds only with respect to their Ilahiilty arising out of the maintenance, operation or 2. Pra,,.ises you sell, give away or use by you of equipment leaned to you by abandon, ll the 'property demags' such person or orgamzatlon. A person's or arises out of any part of these organtzation's status as an Insured under We premises; endorsement ends when their Millen contract 3. Property leaned 10you; or agreement with you for such leased equlpmentends. 4, Porsonal property in the care, WLIh respect to the insurance afforded these custody or central of the Insured; additlorral Insureds, the follovzng additional 5, That particular part of any real exolusionsapply; property on which you ar any his Insurance does not apply: contractors T orsubcontractorswerking directly or indireGUy in your bohaff are (1) To any 'oacurrente whloh takes place per(oaldng operations,If the'propery after the equipment lease axpiras;or damage' arises out of those (2) To 'bodily injury,' 'praperty damage or operations;or 'parsonal and advertising injury' arlsing 6. That particular part of any property out of the sole negilgance of such that must be restored, repaired or additional insamd, replaced because `your work' was Any insurance provided town add incorrectly parferrnsd on it.itionaf insured - dosignatad under paragraphs ta.through IL above Paragraph 2 of this exclusion does not does not, apply to 'bodily injury' or 'property apply if the premises are 'yourwrork'and damage`included within the `produeiscomPloted were never occupied, rented or held for operations hazard.' rental byyou_ a. The following Is added to Paragraph H, of the Paragraphs 1,3, and 4, of this exclusion Eills)NESSOWN511S CGF.°F:°RN POLICY do o by firs to ropo or explosi damage'n ther than damage; ) to cotaDlrDxsr premises . H, Other Insurance {i) rented ioyou: 4. This insurance is excass over any other (2) ternporardy occupied by you with the insurance naming the adaitfonal insured permission of the owner,or as an lasured whether primary, excess, contingent or an any other basis unless a (3) to The contants of pramises ranted to written contract or written agreement you for a period of 7 or fewer spec flcaily requires thatthis lnsuanca ha conseouliva days. . either primary or primary, and A sapareta limit of insurance nonce iriSuting. applies to Damage To Premises Rented 4. LEGAL LIABILITY-DAMAQzETO PREMISES To you as described in Section D - a, 1' o Liability and medical apensn Limps of A, Under DMILIslons, Applicable to Insurance. Business Llab@fty Coverage, Exc!usfon k I SB-146032-D Pays 3 of 5 (Ed.07(08) se,-ias9s2-n (Ed.07109) lam your work for the addtional-insured -This Insu:anca does not appy to "bodily whlch is the subject of the wrMon contract or injury; 'property damage' or 'pa,'sonal and w0on agreement. No coverage applies to advertising injury' arising out of oparatieas fahify resulting from tea sole negliganmof Performed fartha state ormuniclpalfy. the additional insured. C. Controlling Iftt®rest The insurance provided to the additional Any parsons or organizations with a _—Insured-Is-Ilmltad as.follews— -- _- contToWnginterest inyou but on[ywith respect (1) The Limits of insurance anpflcabia tc the to the-sr Ilablllty arising cutof: additional insurad are those specified In (1) Tbe3rfranc181 control of you;or the written contract or written agreement or in the baziaraflons of this policy, (2) Premises they own, maintain or control whichever is less. Them Limits of while you [ease or occupy these Insuranca are Inclusiva of, and net in premU S. addltar to,the Limits of Insurance,shown This insurance does not apply to structural in the Declarations. alterations, new construction and demolition (2) ,he coverage provided to the additional operaffonsporformadbyorforsuchaddNonal Insured by this endarsamant arid Insured, paragraph s=.A,of the deffnftionof'insured d ManegarsorLnssorsofPramisas contract' under Liability and k4d[cal Expanses Definitions do not apply to A manager or lessor of premises but only with 'bodily injury` or 'property damage` raspectto liability arising out of the ownership, arising out of the 'Products-complotad matntehanca,or use ofihatspeciflc Part Ofthe operations hazard'unlass required bythe premises leased to you and subjoot io the written contractor weden agreement, following addition at exclusions: (3) Tha Insurance provided to the additional This insurance doss not appy to; insured does not apply to'rodty sniury,' `property damage,' or 'personal and {t) you cG asua to be awench takes pl roe efts; advattising initiry' arising out of the youceasetobaatenantinihstpremisas; g rendering or failure to, randar any or Professional services. (2) Slradurai alterations,new construction or to, State or POEVMr Su—Mlpir:orm dsmol[flon operallons oarfomtad by or on bahatf at such additional insured. A stale or poEtIcal subdtvision subject to the a. fs5orfgagae,fi fgneear ft elver following provisions: & (1) This Insurance applies on!y with respect A mortgages, assignee or reonivar but only to the following hazards Gor which the wlfh raspact to their Ilabiflty as morttaagss, state or political subdivision has issued a assignee, or receiver and arising out of the parmit In eanttection with promises you avmarshlp,melntenaner o.us--oft premises own, rent, or Control and to which this by you, insurance applies: This Insurance does not apply to structural (e) The e)t!stence, masnfaranca, repair, alterations, new canstrL106 or demellHcn consFrudlan, erecilon, or removal of operetionspedormedtyor for such additional advertising signs, awnings,canopies, insured. cellar entrances, coal holes, f. ownersiofher fntarests—F.srid is Leased driveways, manhofas, marquoas, hoistaway openings,sidawafk vaults, An owner or other tnferast from whom land street banners, or decorations and has l son leased by yeu but nrfy with rsspact similar axposuras;or to ilabilty arising out of the ownership, maimenanca or use of thatspeclflc part of the {b) The construction, ereetlan, or land leased toyou and subject to the-following _ rermval of elevators;or additional axdusfons: (2) This insurance applies only wJih respeol T,-rlslnauanue does not apply to: to_operafions performed by you or on your behalf for which the state or political (1) Any 'oocttrranca' which takes place lJL ..' L..�i_�.... L.......aM!L...F. suuu,diRl",uao pauad a^paii,lif slier ye,=.Au oto loaoe�iw lu.lu,Q' SLr ,'4693P-D Page 2 of a (Ed-07l09) I S&iR6532-p (iU 07109) (16jFinssoYPanslfias Persona[sr<d Adt'er<ising Infury Covetag® Fines or penalties levied or imposod by a does riot apply to paRc)as Issued in t.&Votes governmantzl entity because of of K Yoh or MID. disorlrn`.ratlon, El. Tnis provision (Expsndsd Personst and C. his provision (Expander Personal and kdvadfaing Injury) drys not apply if kdvsrUsing Injury) does not apply to Personal and hdva ffsing Injury Lia1=II ty Is d!scriminationor hurnTation commldedln tiia ,-- exduded afther by_Lne_provisions of the Policy- states of Now York or Ohio. Also, Expandad or by ondcrs9ment.- I SB-W9"32-D Page 5 of 5 (Ed.07109) 1 Policy #4024439006 SMCO22-8 AM (Ed,07/GS} THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY. WAIVER OF SUBPLCGATION SOHFDUf E game O€.Fer_mn 0,,Orgamza[on:. 1 -- informa@on re ufred to comolote this SchadWe If not shown on V,11 ba shown In the Dadara¢ons, This endorsamsntmodilissinswanoaaprovidedunderthafollo' ing: SUSiNESSOWNEP.S COMMON FOI.ICYCONDMONS Wa weiva any right of recovarywa may have aga nst 1. „ny person or wganizaflon shown in the Daciaratlons;a 2. Any parson ororganizalanwlthwhom you have aca;is-act tat:equfressucbawaivar. SMOMP2-B rp,.udes wg,7ightc-a mafetiaiof f.xwer a se vf*w cl�,I=,k th Rs p&rrr, I. Page l of i (Ed,07/09) 005}t t,tnvv�Sarvk»s of lc 'Inc,2= KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: March 20, 2012 SUBJECT: Rushton Brothers, LLC, Agreement for the Municipal Court Remodel - Authorize MOTION: Authorize the Mayor to sign the goods and services agreement with Rushton Brothers, LLC in an amount not to exceed $28,508.33 for the Municipal Court Remodel Project, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: The city of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovating the building to accommodate housing the Kent Probation Department staff and Kent Municipal Court staff in one location to fully utilize the space. This agreement is for cabinets that are needed for storage in the clerical areas of probation and court. Rushton Brothers was selected through written quote process. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Budgeted in the Municipal Court budget KENTi GOODS & SERVICES AGREEMENT between the City of Kent and Rushton Brothers, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corpoation and)dong business, and Rushton BattPOrB xL7313315,ZPuuyalled dup, Wa.,er the a253 381ws of e 5315 (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: Furnish Casework per Proposal dated February 22, 2012for Kent Exhibit A. Court located at 1220 Central Ave S, Kent. Proposal is attached a 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. complete theTwork aOnd prov deEall goods,Jmaterials and se vi pon the effective dte of this Agreement, Vendor shall ces by April 012 III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $28,508.33, 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 - _.,, 'A,«T, i 50% due upon approval 50% net 30 all case work is installed i 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. i A. Defective or Unauthorized Work. The City reserves its right to withhold payment i from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. 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. 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 j 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. i The City will evaluate all claims, provided the procedures in this section are followed, If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver, By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, Interpretations, and determination). I 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) i 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 JNSURANCE, 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 i 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) i I XIV. MISCELLANEOUS PROVISIONS. ' A. Re c clable 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. I C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, i 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 i bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the i contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to 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 WEST) i I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: �_ - - By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its �V!!sl C:4,L4 v7lt �p ;nn� e✓' Its Mayor 1. T ( le) DATE: DATE: ' - NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT. Joe Rushton Rosalie Givens, Facilities Assistant Rushton Brothers, LLC City of Kent PO Box 731315 220 Fourth Avenue South Puyallup, Wa. 98373 Kent, WA 98032 i 253-381-5315 (telephone) (253) 856-5083 (telephone) 253-220-5547 (facsimile) (253) 856-6080 (facsimile) APPROVED AS TO FORM: Kent Law Department msh[oncasemrk 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. 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 �'yy) t A v"q 20 By: For: Title: IYIII /,��i d Dater 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: i 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. 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. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 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 j contractor for the Agreement known as that was entered into on I 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 tl� LLC R ushtonij / PROPOSAL ATTENTION; City of Kent Facilities DATE: 2-22-2012 CONTACT: David Clark OFFICE# 253-351-8877 FAX # 253-804-6566 PROJECT LOCATION: Kent Muniupel COttrt Interior Remodel220 Sout Central Kenl>VdA 98032 PROJECT: Kent Mulucipal Court Interior Remodel INVOICE NUMBER: 13011201 i�� COST f REFERENCE DESCRIPTION ADDENDUM# P-LAM UPPER& LOWER CABINETS,P-LAM COUNTERTOPS, $ 25,500 00 CAli-1. &ALL OTHER ITEMS AND CASEWORK PER PLANS DATED i 1/9/12. 3 S RECEPTION ALT./ P-LAM LOWER CABINET Door and Drawer Faces at Probation Desk/ H2,473.33 PROBATION DESK Reception Alt. (Cabinet Run=88 7/8"long x M"Ueep x 42"High) SUBTOTAL: ISAIEs TAx: 9.5% iTOT.AL INVOICE: 50% DUE UPON APPROVAL $ 28,508.33 Pt or,�s,'.I ltr y ua sutja,-t h hl fu210 ;nos, tXCi si,.n.:State&Lc, d Sides Tax 1 r,/ ,ln pavan"u 111-Wall C rl r .Sapp (Swfca o A+oc.d<-a Braas is aie Pno7 .d),Do ue', ti iL•ua.s.ng Dim(Llriles5 noted cboce). I�EF'4SF LIsKT' CliffliS PA E T0: USHTON BROTHERS, LLC PLEASE SIGN & DATE BELOW TO ACCEPT THIS PROPOSAL: AUTHORIZED AGENT DATE ADDRESS:PO BOX 731315 Puyallup,WA 98373 LICENSE #RLISHTBL905KL PHONE: (253)381-5315 F.—MAIL:ioe@r sh*onbrothers.ccrrt FAX: (253)220-5547 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Payment Receipt Your La= bec'ne ICG.cr�cgv and, ,'o:1:i. rf ,ie Transaction Id 3280398370003337590888 Form Filed Intent Form Id 498644 Billing Joseph Rushton Information PO BOX 731315 Puyallup,WA 98373 Card Number VISA Amount Billed $40.00 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance-against clams-for injuries-,�o persons or damage to p, operty-v�hich-- - - f the work hereunder may arise from or in connection with the performance o 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 Liabilit insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance.Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. if necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 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 1.1 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 31 Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. AutomoLile Liability insurance with.a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident 2. Commercial General Liabilit insurance stall 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. 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 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. E3est rating of not less than A:ViI. E. Verification of Coverage Contractor shall furnish the City with original certificates and a cony 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 some insurance requirements as stated herein for the Contractor. CERTIFICATE OF LIABILITY INSURANCE °A"02110112 Y' 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: Ifthe certificate holder is an ADDITIONAL INSURED,the policyUes)must be endorsed. If SUBROGATION IS WAIVED,subjectto- 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 Todd Comer NAME: PH1 , (206)443-7744 ac Nol: (206)443-8336 Belltw,m Insurance Group; Inc. o � _ 2133 Sid Ave#106 ADoliEss todd cebigseattleCDm Seattle,WA 98121 INSURERSI AFFORDING COVERAGE NAO# Phone (888)443-7744 Fax (206)443-8335 INSURER A, Contractors Bonding&Insurance Company(CBIC) INSURED - INSURER B: Rushton Brothers INSURER C: 1380474th AVE CT E INSURER°: Puyallup,WA 98373 206 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED EELCW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT(WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD UBR POLICYEFP POLICY EXP LIMITS R LTR IN Mo POLICY NUMBER MMIDDIY MMIDDIYYYY GENERAL LIABILITY EACH OCCURRENCE S 1DAMAGE TO ED ,000,000.00 COMMERCIAL GENERAL LIABILTY PREMSES(Ea occumernei s 300,0D9.1)0 ❑ ❑ CLAIMS-MAOE ❑ OS/01/2011 05i01i2012 OCCUR C11S16089 MED EXP(Any are person s 5,090.00 q. ❑ PERSONAL&ACV INdunv s 1,000,000.00 GENERAL AGGREGATE s 2,000,000.00 GEN'LACGREGI�A�TE UMITAPPUES PER: PRODUCTS-COMP/OP AGG s 2,000,000.00 Li POLICY CJ LEI CI LOC _ $ AUTOMOBILE LIABILITY Ee ecaticotslNGLE LIMIT $ ❑ ANYAUTO BODILY INJURY(Per person) f ALL OWNEC SCHEDULED BODILY INJURY(Per accident: s AUTOS ❑ AUTOS NCN-OWNED PROPERtl I AlAACE s ❑ iIIRED AUTOS ❑ AUTOSpr —1 ❑ 5 F-] UMBRELLA LIAR ❑OCCUR EACH OCCURRENCE S I� EXCESS LIAB ❑CLAIMS-MADE AGGREGATE a J DIED ❑ RETENTION$ S WORKERS COMPENSATION We STATU- Ol'H- ❑TORY LIMITS ❑ FIR AND EMPLOYERS'LIABILITY YIN ANY PROPR1ETOR/PARTN^RIEXECUTNE E.L.EACH ACCIDENT S OFFICER/MEMB%R EXCLUDTD9 ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE S If yes,desmbe under ,,FSCRIPTIONOFCPERTIONSb=_laN E.L.DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD det,Atltlltlonal Remarks Schedule,if more space Is reAuiretl) RE: Kent Municipal Court Project The City of Kent is Additional Insured under General Liability,per form CGBL 20 37 01 11- "Owners Lessees and Contractors-Your Work-Including Products and Completed Operation Hazard When Required By Contract", This endorsement includes Primary and Non-contributory wording and a a Per Project Aggregate Limit for this particularjob. a Waiver of Subrogabon applies for General Liability only. l _ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Rosalie Givens, Facilities Assistant Sea tle. rthW AVE S AUTHORIZED REPRESENTATIVE Seattle,WA 98032 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105)QF The ACORD name and logo are registered marks of ACORD Contractors Bonding & Insurance Company ADDITIONAL INSURED SCHEDULE POLICY NUMBER: C11516089 AGENT# : 21273 RUSHTON BROTHERS LLC BELLTOWN INSURANCE GROUP,INC 13804 74TH AVE CT E 2133 3RD AVE #106 PUYALLUP, WA 98373 SEATTLE, WA 98121 Additional Insured CITY OF DES MOINES 21630 11TH AVE STE A DES MOINES, WA 98198 CBGL0051 - Liability Additional Insured CITY OF KENT 1220SOUTH CENTRAL KENT, WA 98032 CBGL2037 - Liability LOC, OF PRO]: KENT MUNICIPAL COURT, 1220 SOUTH CENTRAL, KENT, WA Page 1 of 1 POLICY NUMBER. CIISI6089 COMMERCIAL GENERAL LIABILITY CG 26 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: RENT MUNICIPAL COURT 1,220 SOUTH CENTRAL KENT, PM 98032 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally A. The limits shown in the Declarations for Each obligated to pay as damages caused by Occurrence, Fire Damage and Medical Ex- "occurrences" under COVERAGE A (SECTION pense continue to apply. However, instead of 1), and for all medical expenses caused by acci- being subject to the General Aggregate Limit COVERAGE CTIOn' 1) Which n the D I ti such fmlts ;mill M dents uridei COv�nrvc C (SE�� ..,. ,r, w ..,, shown, ecara ors, can be attributed only to ongoing operations at a subject to the applicable Designated Con- single designated construction project shown in struction Project General Aggregate Limit. the Schedule above: B. For all sums which the insured becomes legally 1. A separate Designated Construction Project obligated to pay as damages caused by General Aggregate Limit applies to each "occurrences" under COVERAGE A (SECTION designated construction project, and that limit 1), and for all medical expenses caused by acci- is equal to the amount of the General Aggre- dents under COVERAGE C (SECTION 1), which gate Limit shown in the Declarations. cannot be attributed only to ongoing operations 2. The Designated Construction Project General at a single designated construction project shown Aggregate Limit is the most we will pay for in the Schedule above: the sum of all damages under COVERAGE 1. Any payments made under COVERAGE A A, except damages because of"bodily injury" for damages or under COVERAGE C for OF 'property damage" included in the medical expenses shall reduce the amount "products-completed operations hazard", and available under the General Aggregate Limit for medical expenses under COVERAGE C or the Products-Completed Operations Ag- regardless of the number of: gregate Limit, whichever is applicable; and a. Insureds; 2. Such payments shall not reduce any Desig- b. Claims made or"suits" brought, or nated Construction Project General Aggre- gate Limit. c. Persons or organizations making claims C. When coverage for liability arsing out of the or bringing"suits". "products-completed operations hazard" is pro- 3, Any payments made under COVERAGE A vided, any payments for damages because of for damages or under COVERAGE C for "bodily injury" or 'property damage" included in medical expenses shall reduce the Desig- the "products-completed operations hazard" will nated Construction Project General Aggre- reduce the Products-Completed Operations Ag- gate Limit for that designated construction gregate Limit, and not reduce the General Ag- project. Such payments shall not reduce the gregate Limit nor the Designated Construction General Aggregate Limit shown in the Decia- Project General Aggregate Limit. rations nor shall they reduce any other Des- ignated Construction Project General Aggre- gate Limit for any other designated construc- tion project shown in the Schedule above. CG 26 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 ❑ a The period of time required by the insured has for a loss we cover written contract or written agreement;or under ibis Coverage Part by tendering the defense to the insurers b. The expiration date of this policy. of all such other insurance. 4. Wth respect to the coverage provided S. If required by the Scheduled Contract, we under this endorsement,the following duties wave the right of recovery we may have are added to Section IV — Commercial against the person(s) or organization(s) General Liability Conditions, paragraph 2. shown in the Schedule for payments we Duties In The Event of Occurrence. make for "bodily injury" or `property Offense,Claim or Suit: damage" arising out of 'your work' on the e. An additional insured under this Scheduled Contract. However, such waiver does not apply to payments for Iiabillty endorsement will as soon as practicable: apportioned to the additional insured. (1) Give written notice of an occurrence 6. Unless otherwise agreed in the Scheduled to us which may result in a claim or Contract, this insurance is excess over any "suit"under this insurance; other insurance as set forth in the (2) Agree to trigger or activate any other Amendment of Other Insurance Condition insurance which the additional Endorsement to this policy. CBGL 20 37 01 11 Includes copyrighted material of Page 2 of 2 Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - YOUR WORK - INCLUDING PRODUCTS-COMPLETED OPERATIONS HAZARD WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIA&LITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Or anization s : Scheduled Contract for Covered Operations CITY OF KENT K?NT MUNICIPAL COURT 1220 SOUTH CENTRAL K--LiT, WA 98032 Information required to complete this Schedule if not shown above will be shown in t e�eclara`iors A. WHO IS AN INSURED(Section 11) is amended 1. The person or organization is an additional to include as an insured any person(s) or insured only with respect to liability for organization(s) shown in the Schedule whom "bodily injury" or "property damage" you are required to add as an additional specifically resulting from your sole insured on this policy pursuant to a written negligence in the performance of "your contract which is scheduled above and work' for the additional insured which is the which is: subject of the Scheduled Contract. 1. Valid and legally enforceable; Z The Limits of Insurance applicable to the 2. Currently in effect or becoming effective additional insured are the lesser of those during the term of this policy;and limits specified in this policy, or those limits you agreed to provide in the Scheduled 3. Executed prior to an "occurrence" Contract, resulting in "bodily injury" or "property 3. The coverage provided to the additional damage", insured by this ndorsement does not apply B. If agreed in the Scheduled Contract, the to "bodily injury" or "property damage" coverage provided to the additional insured shall arising out of the "products-completed be primary non-contributory to the same extent operations hazard" unless required by the as a named insured on the policy. Scheduled Contract. When coverage does apply to"bodily injury"or"property damage" C. The insurance provided to the additional insured arising out of the "products-completed is limited as follows. operations hazard" such coverage will cease at the earliest of the following: CBGL 20 37 01 11 Includes copyrighted material of Page 1 of 2 Insurance Services Office, Inc.,with its permission. D. If the applicable designated construction project E. The provisions of Limits Of Insurance (SECTION has been abandoned, delayed, or abandoned ip) not otherwise modified by this endorsement and then restarted, or if the authorized contract- shall continue to apply as stipulated. ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 GG 25 03 03 97 ❑ KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: March 20, 2012 SUBJECT: Creative Office Agreement for Municipal Court Remodel - Authorize MOTION: Authorize the Mayor to sign the goods and services agreement with Creative Office Furniture in an amount not to exceed $32,622.78 to provide furniture for the municipal court renovation project, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: The city of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovating the building so that Kent municipal court clerical staff can fully utilize the added space. This agreement is for furniture for added space at Kent Municipal Court. Creative Office was selected though written quote process. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Budgeted in the Muni Court budget K ENT GOODS & SERVICES AGREEMENT between the City of Kent and Creative Office THIS AGREEMENT is e code band and Creative office organized under the city of Kent, alawsgof the State of corporation (hereinaftesnton municipal r th Y ) Washington, located and doing business at 721 Legion Way SE, Olympia, Wa 98501, Joe Vaccaro, 800-900-1732 (hereinafter the "Vendor"). A_GRE EMENT I, DESCRIPTION OF WORK. g goods and materials and/or perform the following Vendor shall provide the followin services for the City: — Provide Maxon Furniture for Kent Municipal Court located at 1220 S. Central, per quote dated 12/14/2011, which is attached as Exhibit A. ive pro er these Vendor acknowledgesIry ces nand tderstas hat the City at it is not the City,s maintainns its unqualified srigh P tovobta f these goods, materials, or serve goods, materials, and services through other sources. fective te of this complete the work aOnd provide all goods, materials,f and services Agreement, Vendor shall F COMPLETION. Upon te ces by April 012. P III. COMPENSATION. The City I cable) pay the Washingtonor an State Sales Tax, for not to eed the goods, $32,622.78, including applicable the Vendor the materials, and services contemplated in this Agreement. The City shall pay following amounts according to the following schedule: r nnnc -ra SFRVICES AGREEMENT - 1 1/2 Deposit when placing order $16,311.39 Remaining Balance due net 30 after receipt of product $16,311.39 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 cf Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. 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. 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 rn.— &in onn no inrltirfino 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 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 Fallow 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 (near �tin.non,no. 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 1n,.a, ,tin nnn nn inrbviinn Wq.ST) 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 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 A reement. 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 t ,., darn nnn nn inchiriinn WSST) T. 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.--C/ (signa ure) (signature) Print Name: ' re —_ Print Name: Suzette Cooke -- Tts_-- Maw-- Its� .--- (title) DATE:-- DATE:_1--Z=5-�- '-- ---- TOTICES TO BE ------ NOTICES TO BE SENT TO: SENT TO: — CITY OF KENT• VENDOR: Rosalie Givens, Facilities Assistant Joe Vaccaro City of Kent Creative Office 220 Fourth Avenue South 721 Legion Way SE Kent, WA 98032 Olympia, Wa 98501 (253) 856-5083 (telephone) 1-800-900-1732 (telephone) (253) 856_6080 (facsimile) 1-360-754-8774 (facsimile) — ---- APPROVED AS TO FORM: Kent Law Department creaGwoffirn GOODS & SERVICES AGREEMENT 7 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 conractor, the directives t outlines, ittcillrbe considered actor or ea breaclh of contract nandts h tm will be es with regard o 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__ vua✓� 20 AA�" b By: For: — Title: __ • e�� "}z+'� - _ 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. 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—. For: -- - Title: .— .- — Date:_— -- - mon rnMD1 TANr'F nncumENTS - 3 of 3 � : : � � \ r- Zo �,{!; , : m6;_ /_ §{ #. Qo® /{ i � \\ - � � \ : § I : I f) ( ( } § \ \ \ \ ( ( ( \ E ( � � w 3 R R m4o'. w K N V O N y. rcpa' M b b e ry Y m O L f F £ F I I S S Y r d o \ . F E) ! ) J { \ E : #/ \ 2 / 4 ; Ei ) }\ {{ §c{ \ : - M ) } \ \ \ \ ) ) \ {\ \ } \ \ \ ) \ ) § {) § \45 [ 4 [ 12 }L2 » ® ; } . # fP ) 2t W � n E V � 3 #2 yi #1 jl � s #3 Duplex u c #5 � _ 2 = #1Duplex ��' #4 #3 V #3 Duplex #1 Duplex No tiles here #12 #3 Duplex 0 o m ti c #1 Duplex J #3 Duplex r #2 Duplex v T o a az N o D _ s- - _ #10 � � � as �'w 4m N F—•_`—� n—_� aL -R [ #2 Duplex y m #9 #2 Duplex L F Icy ) 3o mz UUr, �c� Fw,-� Ma� a x c EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. EXHIBIT B (Continued) B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,006 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. OP ID: SR -� DATE(NIMIDD,YYYY) a�oiza. CERTIFICATE OF LIABILITY INSURANCE 02/23112 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 IN mus SURED,the policy(ies) t 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). CONTACT PRODUCER 360-352-8444 NAME: _. - FA% Nicholson &Associates 360-943-9712 PNONN Ear �(ac 1802 Black Lake Blvd.SW E-MAIL ADDRESS: - — - Olympia,WA 98512 PROD BC ER— GORDO.2 _ Sue Ramiah CUSTOMER.I�jt - - INSURER(S)AFFORDING COVERAGE - NAIC H INSURED -Gordon Products, Inc INSURERA:Charter Oak Fire Insurance CO. - dba The Creative Office INSURER a.-Travelers Casualty Ins Comp__ _ 721 Legion Way SE INSURERC: Olympia,WA 93501 IN -- __ SURER D: INSURERS: — INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSA.ND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN-ER - - �ADDL U R OLICY EFF PO I y" LIMITS TR TYPE OF INSURANCE r POLICY NUMBER MMIDDIYYYY MMIDDIYVYY GENERAL LIABILITY EACH OCCURRENCE 8 1,000,00 oRFNTe� 300'00 A X COMMERCIA.LCENERALLIABIL!TY X . 6806101 N36A 06/15111 06115/12 PREMISES RESTurrence) $ -_ MED EXP(Any one person) - -S 5,00 CLAIMS-MADE L.I OCCUR 1,000,00 PERSONAL 4 ADV INJURY . 8 GENERAL AGGREGATE 8 2,000,00 —1 E — 2,000,00 GENT AGGREGATE LIMIT APPLIES PEE'. I _PRODUOrS-Cold PLOP AGG E_ X POLICYPR T LOC $ AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT 5 1,000,00 (Ea accident) B X ANY AUTO BA6101N912 06125111 06125N2 BODILY INJURY(Per person) $ _ ALL OWNED ALTOS DODILY INJURY(Per accident) IS OPERTY SCHEDULED AUTOS PR DAMAGE $ X HIRED AUTOS (Per arident) mp X Co NONOW Deed 50 Coll ed NED AUTOS E 10 � . a 50 UMBRELIA LIAR OCCUR EACH OCCURRENCE 8 EXCESS DAB CLAIMS-MADE AGGREGATE 8 _ _ S _ DEDUCTIBLE $ RETENTION S _ - T TH YLWORKERSCOMPENSATION AND EMPLOYERS'LIABILITY YIN E.L.EACH ACCIDENT ANY PROPRIETORIPARTNEWEXECUTIVE L7 - 8 "IA OFFICERRAEMBER E%CLLDED9 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE- E If yes,desctlbe under EL DISEASE-POLICY LI MIT 8 UESCRIPTION OF OPERATIONS babes Contents 250,000 A Property 6806101 N36A 06/25111 O6/25112 Dedt 1,000 Special Form,RC DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarks Schedule,if more space Is required) RE:Courts Furniture.Blanket Additional Insured Endt#C`GD105 0494. CERTIFICATE HOLDER CANCELLATION CITYK-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent Attn: Rosalie Givens AUTHORIZED REPRESENTATIVE 220 4th Ave S Kent,WA 98032 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD CG D1 05 04 94 BLANKET ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended to include as an insured any person or organization (called hereafter"additional insured")whom you have agreed in a written contract, executed priorto loss, to name as additional insured, but only with respect to liability arising out of"your work"or your ongoing operations for that additional insured performed by you or for you. 2. With respect to the insurance afforded to Additional Insureds the following conditions apply: a. Limits of Insurance-The following limits of liability apply: 1. The limits which you agreed to provide; or 2. The limits shown on the declarations, whichever is less b. This insurance is excess over any valid and collectible insurance unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. 3. This insurance does not apply: a. on any basis to any person or organization for whom you have purchased an Owners and Contractors Protective policy. b. to"bodily injury,""property damage,""personal injury," or"advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and 2. Supervisory, inspection or engineering services. CG D1 05 04 94 Pnvacv I Legal Notices ©2000 The Travelers Companies,Inc. KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: March 20, 2012 SUBJECT: ProtectionTech Agreement for Municipal Court Remodel - Authorize MOTION: Authorize the Mayor to sign a public works agreement with ProtectionTech in an amount not to exceed $34,908.60 to furnish and install an access control system for the Municipal Court remodel project, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: The city of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovating the building for the Kent municipal court clerical staff and probation staff. This agreement is for the electronic access control system, which is the same system being used in city buildings now. ProtectionTech was the successful bidder through the competitive negotiation RFP process. EXHIBITS: Public Works Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Budgeted in the Municipal Court budget �•-/ K�NT wAs�,��ro� PUBLIC WORKS AGREEMENT between City of Kent and PROTECTIONTECH THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Protectiontech organized under the laws of the State of Washington, located and doing business at 2891 152"d Ave NE, Redmond, Wa 98052 425-859-7778, Wade Brossow (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Furnish and Install an access control system for at Kent Municipal Court located at 1220 Central Ave S, Kent, in accordance with Proposal dated February 21, 2012, which is attached as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by April 2012. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $34,908.60, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. PUBLIC WORKS AGREEMENT - 1 ice,,,,- Mi nV &cnv on,1 Oa rfnrmAnl'P Rnnrl) B. Retaina e. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 2 in„a,- &Inv ttnv �,,.q E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City PUBLIC WORKS AGREEMENT - 3 /n-I eInv - -, mCnv "'I Do rfnrmnnro A",q) will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment PUBLIC WORKS AGREEMENT - 4 for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. PUBLIC WORKS AGREEMENT - 5 d InV i.nrlar tgnv anr7 v.,Fnrmanrn Rnnrl) The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or 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 PUBLIC WORKS AGREEMENT - 6 /n.,... hinv &cnv .nrf OorFr.rmnn.-o Rnnn'1 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; rp guided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G, Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. PUBLIC WORKS AGREEMENT - 7 I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By' - (signature) (signature) Print Name:_ Print Name: Suzette Cooke Its_ Its_ Mayor _ (title) DATE: DATE:__ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Wade Brossow Alex Ackley, Superintendent Parks Facilities Protection-Fech City of Kent 2891 152'� Ave NE 220 Fourth Avenue South Redmond, Wa. 98052 Kent, WA 98032 425-869-7778 (telephone) (253) 856-5081 (telephone) 425-869-7717 (facsimile) (253) 856-6080 (facsimile) APPROVED AS TO FORM: Kent Law Department evergreen[echmuv PUBLIC WORKS AGREEMENT 8 /n.,...- .+Inv ,,. A-, MCnv o-, Rnn.Jl DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20- By: —For: Title: Date: EEO COMPLIANCE DOCUMENTS 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of --- Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this _ day of 20 By: - -For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 FmuTECTION Parking, Security&Access Controls February 21, 2012 Mr. Alex Ackley Project Coordinator City of Kent 1220 South Central Kent, Washington 98032 Dear Alex: Please be advised that Protection Technologies, Inc., at no time during the past three (3) years, has been disqualified from bidding on any public works contract. Protection Technologies, Inc. does not have any subsidiary or affiliated companies under majority ownership or under control by the owners of Protection Technologies, Inc. Kin�ards, Wade Brossow Principal WB:Iw CITY OF KENT Kent Municipal Court Access Control System Overview The following is PROTECTIONTECH's quotation to provide and install an access control system for the City of Kent Municipal Court. This installation will expand the existing ProWatch access control system for the other buildings for the City of Kent. Card readers will be added to the 15 doors as depicted on the drawings provided by Clark Architects. Eight of these doors will receive electric strikes provided by the City of Kent, but installed by PROTECTIONTECH. Frame modifications for the installation of the strikes will be completed by the City of Kent. The other seven doors will have card readers that will act as an alarm override for people exiting the court room via the door into the back hallway. Twenty-five panic buttons will be mounted under the desks throughout the building as shown on the drawings supplied by Clark Architects. These buttons will be independently wired into the ProWatch Access Control System via input boards. Pricing The total price to provide and install the above quoted is $31,880. Clarifications and Exclusions #- Power supply provided by PROTECTIONTECH is for the electric strikes only. Power supplies for the panic devices were not provided in this proposal. 4 Prevailing wages were taken into account in the writing of this proposal. -,6 Power (120 vac), electric strikes, fire alarm interface, wire, cable and original CAD drawings to be provided by others and is not part of this quotation. -4� Prices do not include Washington State Sales Tax. - This quotation is valid until March 21, 2012. 4 PROTECTIONTECH carries worker's compensation and general liability insurance. A copy of our certificate can be requested upon receipt of notice-to-proceed. 4- All work and equipment training is to be performed between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, under normal working conditions. Training is specific to the equipment quoted. 4- Any required and/or directed work to bring the existing facility up to code is not included in this quotation. 1 Idle time incurred by PROTECTIONTECH's employees due to absence of required escorts, clearances, inability to enter the workspace, or other factors beyond our control, will be considered a change to the contract. t Acceptance of this quote confirms there is no lead paint or asbestos in the area in which we will be working. All workmanship and equipment provided by PROTECTIONTECH are guaranteed against defects in workmanship for a period of one year after date of installation. Warranty response will be given on a best-effort basis Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m., excluding weekends and holidays. CITY OF KIENT KING COUNTY,WASHINGTON Request for Proposals Kent Municipal Court Electronic Access Control PROPOSALS ACCEPTED UNTIL February 21,2012 2:00 P.M. Proposal Opening February 21,2021 2:15 P.M. AT CITY OF IENT CFNPFNNIAL CENTER KFNT,WASIIINGTON Alex Addey Project Coordinator KEN? WASHINGTON BIDDER'S NAME-Ta Qd�(X/n�2C�Inp� lt�G 5 COMPLETE AND SIGN THIS FORMAS PART OF YOUR BID. FAILURE TO PROPERLY COMPLETE THIS FORM MAYALSO RESULT IN DETERMINATION TIMT YOUR BID IS NON-RESPONSIVE AND THEREFORE VOID. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED BY: Z NAME: �AP� 5 �1C1 t ADDRESS: Z0q l - �5 �nr1 1� , �du�nn� �I�1 R8052 PRINCIPAL OFFICE: ADDRESS: PHONE: FAX: S`GL3"1-1177 _ 1. STATUTORY REQUIREMENTS 1.1 Provide a copy of your certificate of registration in compliance with chapter 18.27 RCW. (1I I G(rJ.,-W4 1.2 Provide your current state unified business identifier number. 5F-1 �5"3 1.3 Provide all applicable industrial insurance coverage for your employees working in Washington as required in Title 51 RCW, together with an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW. F_501r W%q4} X)) E)(N s0_` )LY_ RD12 34213 1.4 Provide a statement, signed by a person with authority to act and speak for your company, that your company, including any subsidiary companies or affiliated companies under majority ownership or under control by the owners of the bidder's company, are not and have not been in the past three (3) years, disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 2. ORGANIZATION 2.1 How many years has your organization been in business as a Contractor? '3 Z 2.2 How many years has your organization been in business under its present business name? 32. 2.2.1 Under what other or former names has your organization operated? NIA Department of Labor and Industries PROTECTION TECHNOLOGIES INC PO Box 44450 Olympia, WA 98504-4450 Reg: CC PR0TETT194D3 UBL• 600-387-563 Registered as provided by Law as: Construction Contractor (CCOI) - GENERAL PROTECTION TECHNOLOGIES INC Effective Date: 3/23/1981 2891 152ND AVE NE Expiration bate: 11/1/2013 REDMOND WA 980525514 -- 1R1D;1EYdI GI _ABCn ANDaf4l` i :; 'I li li CERTIFIED AS PROVIDED BY LAW AS MASTER ELEC LTD ENERGY CERT.4 EXP.DATE J !' ME066A BROSSW*978NF 9/5/2012 EFFECTIVE DATE 8/5/2003 BROSSOW,WADE 2891 152ND AVE NE '11 REDMOND WA 98052-5514 �� s it °e- 0;,-wn(J 97) N, LICENSED AS PROVIDED BY LAW AS � ELEC CONTR LTD ENERGY 4 LICENSE# EXP.DATE EC066A PROTETI159OP 5/31/2013 f, EFFECTIVE DATE 9/17/1985 r�l PROTECTION TECILNOLOGIES INC 2991 152ND AVB NE REDMOND WA 98052 �j fill State „-r.-..ton of Woshin 9 Office of the Secretary of State j Husmess Licensing Service corporations Division IL' LEGAL ENTITY REGISTRATION Unified Business IO #: 600 387 563 .j Business ID #: 1 i Expires: 10-31-2012 PROTECTION TECHNOLOGIES, INC. 2891 152ND AVE NE REDMOND WA 98052 5514 I Domestic Profit Corporation i Renewed by Authority of Secretary of State ei I Iri REGISTERED TRADE NAMES: j PROTECTIONTECH I'! i "i i Stl of �i Tt r c �i By accepting this document the licensee certifies that information provided on the renewal was complete,true, and accurate to the best of his or her knowledge, and that the company will stay in � compliance with all applicable Washington State regulations. i ctor,uopartment of Revenue 2.3 If your organization is a corporation, answer the following: 2.3.1 Date of incorporation: 21, 2.3.2 State of incorporation: L1;CySjnu1 2.3.3 President's name:�ti0.f13{Lil 2.3.4 Vice-president's name(s): \4t7> �tP'19,VtlULe tr 2.3.5 Secretary's name: `EK--,VC, J C,EL2 2.3.6 Treasurer's 2.4 If your organization is a partnership,answer the following: f\iM 2.4.1 Date of organization: 2.4.2 'Type of partnership(i£applicable): 2.4.3 Name(s)of general partner(s): 2.5 If your organization is individually owned, answer the following: N O 2.5.1 Date of organization: 2.5.2 Name of owner: 2.6 If the form of your organization is other than those listed above, describe it and name the principals: KIPt 3. LICENSING 3.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if applicable. clent�"(Kl PRO-`eT 1114b'3 3.2 List jurisdictions in which your organization's partnership or trade name is filed. UO a5N,0�f4qj �r��E�n � ra1cl cc, NL���FC lnctl le t ';, C�Lc.�r:d i 4. EXPERIENCEcI 4.1 List the categories of work that your organization normally performs with its own forces. Part.trf), a"',eL u-t j , ACCCSS CL' TV 4.2 Claims and Suits. (If the answer to any of the questions below is yes,please attach details.) 4.2.1 Has your organization ever failed to complete any work awarded to it? NC 4.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? plo 4.2.3 IIas your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? Nt, 4.3 Within the last five years,has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract?(If the answer is yes,please attach details.) l\f t 4.4 On a separate sheet, list major construction projects your organization has in progress,giving the name of project,owner, architect or design engineer, contract amount,percent complete and scheduled completion date. 4.4.1 State total worth of work in progress and under contract: 4.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project,owner,architect of design engineer, contract amount, date of completion and percentage of the cost of the work performed with your own forces. 4.5.1 State average annual amount of construction work performed during the past five years: 4.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. 4.7 On a separate sheet, list your major equipment. S. ]REFERENCES 5.1 Trade References: AAladlec1 5.2 Bank References: 4tCtC1 'd 5.3 Surety: 5.3.1 Name of bonding company: 5.3.2 Name and address of agent: 1Si041-�, [25 6. FINANCING 6.1 Financial Statement. After bid opening,the City may require the following financial information from any of the three apparent low bidders. If so required,the selected bidder(s)must respond with this financial information within 24 hours of the City's request for that information. The City's request for this information shall not be construed as an award or as an intent to award the contract. A bidder's failure or refusal to provide this information may result in rejection of that bidder's bid. 6.1.1 Attach a financial statement,preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g., cash,joint venture accounts, accounts receivable,notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets; Other Assets; 5. References Trade References Vendor Contact Telephone Number SKIDATA Pat 908-243-0000, ext. 227 Group One Daryl 425-454-9900 MAXxess Danielle 714-772-1000 Bank Reference We Fargo Bank N.A. Max Larson 425-450-8153 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 ortermination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this — 6�" - day of-V bruar 20 By: For: " J2 Title: Date: rGn rnnnoI Tnnirc nnri inn Gnrrc _ i PROPOSAL SIGNATURE PAGE The undersigned bidder hereby agrees to submit all insurance documents, performance bonds and signed contracts within ten go) calendar days after City awards the Contract. The City anticipates issuance of the Notice to Proceed on the day of the preconstruction meeting. No bidder may withdraw his/her bid for a period of sixty (60) calendar days after the day of bid opening. Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. Receipt of Addendum No.'s d , _—' to the plans and/or specifications is hereby acknowledged, Failure to acknowledge receipt of the addenda may be considered an irregularity in this proposal. By signing this Proposal Signature Page, the undersigned bidder agrees to be bound by all terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. DATE: I�r Yt1 (�rLl 2l, NAMT DDER BY: ure (Print Name and Title) Address 1�nr� nn r�J1(� 1 ylQ L CONTRACTOR COMPLIANCE STATEMENT (President's Executive Order #11246) Date 2 ��62 This statement relates to a proposed contract with the City of Kent named Kent Municipal Court kew�le48a I am the undersigned bidder or prospective contractor. I represent that - 1. I — have, X have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. Jac, NAME OF BIDDER BY: Signature/Title 2�t l - L52.rir.4 A lZ�0>e�t 62- ADDRESS (Note to Bidders: The information required in this Compliance Statement is informational only) City of Kent Combined Affidavit & Certification Form: Non-Collusion,Minimum Wage(Non-Federal Aid) NON-COLLUSION AFFIDAVIT Being first duly sworn, deposes and says, that he/she is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further,that the deponent has not directly induced or solicited any other bidder on the foregoing work equipment to put in a sham bid; or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself/herself or to any other person any advantage over other bidder or bidders. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is tnie to my knowledge and belief. FOR; NON-COLLUSION AFFIDAVIT AND MINIMUM WAGE AFFIDAVIT Kel ftoltr11FI(,a,f P.oux8 E1Ql�a,_._�CrP�� I NAME OF PROJECT �Cf7�"PG�'1 D(1 r(,�cG�nolo rx�es, l�c� NA. OF BIDDER'S FIRM A// SIGNATURE OF AUTIIORIZEI)REPRh SEN1 A IVE OF BIDDER Sk Su 'y�ON (fig i to before me this day of (t 6RA a_! 2012. a NOTARV cXa N PUBLIC ary lblic in and for the State of Washington, 6-13-2013 �� residing a 0 aF wnsr��� SECTION 00221 TECHNICAL QUALIFICATION FORM & LIST OF MATERIALS Bidder:&-ec,��O/f�l �c71 Address:_J�a _�� 1?�M� iV� 2dtrno✓ � UJ' V10052 Phone: `j-EQg 71 Project: Dent Municipal Court This material list must be submitted on the attached page. Modifications to these lists, if awarded the contract,shall be allowed only through written approval of the architect. Submission of the materials list does not relieve the contractor from any contractual responsibility to provide other materials required to complete the project as specified. References & Qualifications: On an additional page,provide three references of similar scope. Include project name, address,phone number and contact name of Owner and Architect/Engineer-These are to be references of the bidder, not the manufacturer. hi the event subcontractors are named in this project, like references are required for each subcontractor. Reference Criteria: References must be for systems of$20,000 to $250,000 in proposal value. References must include manufacturer of the equipment proposed. Attach a copy of manufacturer's certification program(s) awarded to your firm. Include a list of your technicians and a copy of the technician's certifications. Attach the itemized material list(see sample below for required information and format). Return this form with authorized signature acknowledging the above criteria with the bid. To the Owner: As requested in the project documents,the following information is being submitted to establish the technical qualifications of this bidder and subcontractors. Included is an itemized material list, showing quantities,manufacturer, and part numbers for all major components utilized within our bid proposal. Authorized Signature: Printed Name: - Date: Dent Municipal Court 00221-1 TQF Material List Form On these pages, list the products proposed on this job. Please not the submission of the materials list does not relieve the contactor from any contractual responsibility to provide other materials required to complete the project as specified. Item Manufacturer Part Number Quantity Rack mount Enclosure Hone well PW5K2ENC2 2 Power Supply Honeywell PW5K2E2PS 2 Daisy Chain Cable Honeywell PW5K1 DCC 2 Intelligent Controller Board Honeywell PW6K1IC 1 Card Reader Board Honeywell PW6K1 R2 8 Input Board Honeywell PW6K11N 2 Locking Device Power Supply Altronix AX-400ULACCB 1 DigiReader with Tamper Honeywell 92042050100 16 Door Contact Sentrol SR-1078N 15 Request to Exit Device Bosch DS160 14 Request to Exit Device Trim Plate Bosch TP160 14 Locking Device/Request to Exit Altronix AX-400ULACCB 3 Power Supply Panic Button Amseco AS-HUSK20 25 32 Reader License add-on Software Honeywell PW8RDR32 1 QuadraKey Prox Cards Honeywell 92940025400 50 SUBCONTRACTOR LIST Prepared in Compliance with RCW 39.30.060 Pursuant to RCW 39.30.060, list each subcontractor that shall perform the following listed subcontract work amounting to more than 10% of the total bid contract price, less applicable sales tax, List each bid item to be performed by each designated subcontractor in numerical sequence. This subcontractor list must be fully completed, signed and delivered no later than the time for bid opening. If no subcontractors will be performing 10% of the work, indicate this by writing "None" and signing this form.. PROJECT NAiMKI�1e "�M1UllE�Q��GbI CONTRACTOR' SIGNATURE !�< Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name _ -- Item Numbers Subcontractor Name Item Numbers Subcontractor Name - Item Numbers Subcontractor Name - Item Numbers Subcontractor Name Item Numbers Wade Brossow Work Experience 1989—Present, Protection Technologies, Inc., Redmond, Washington Principal Successfully increased and maintained annual sales volume in excess of 7 million. Engineering, design, implementation of over 400 security, access, and revenue control systems. Oversaw corporate expansion of offices in Salt Lake City, Utah and Spokane, Washington. Responsible for hiring and developing company staff. Developed and implemented a daily"Business Plan"which consists of strategies and goals that are reviewed and analyzed on a weekly and monthly basis. Oversaw identification of target markets and developing interest through presentations and other marketing strategies. A member of BOMA, and the American Society for Industrial Security. Expertise in design and implementation application of new and existing structures for, security, access control, CCTV and parking. 1985-1989, United States Navy, San Diego, California Sonar Technician Assigned to the USS Copeland FFG-25 Sonar supervisor qualified, Security Petty Officer, efficient in SQS-56 active/passive sonar. Responsible for the M.K. 309 fire control system in conjunction with the M.K.46 torpedoes. 1983-1985, Frontier Foods, Seward, Alaska Assistant Night Manager Responsibilities included training cashier and stock crews, cash reconciliation. Oversaw ordering and presentation of produce,dairy and frozen food. Education Bellevue Community College, Bellevue,Washington, Security Administration Dale Carnegie Elliott Bay Management, BS 101 Solution Selling (Secom International) Fred Pryor,and various Career Track Seminars Accomplishments • Washington State Master Electrician Limited Energy License • Active Member of American Society for Industrial Security(ASIS) • United States Navy and United States Naval Reserve, Secret Security Clearance, Honorable Discharge. Steven L. Puckett Work Experience 1992-Present, Protection Technologies, Inc., Redmond, Washington Principal Responsibilities: Supervision of technician crew. Oversees the coordination of service calls from customers and installation of equipment on new job sites. Actively involved in the day-to-day functioning of the organization to increase efficiency, production and profit thereby aiding in sustaining an annual sales volume of 7 million. 1991-1992, Tel Data, Seattle, Washington Communications Technician Responsibilities: Installed, terminated and tested twisted park 10-BaseT local area networks. Completed installation of Toshiba phone systems. Installed outside plant cable in harsh environment(fish processing ammonia environment).. 1988-1991, Valley Communications, Glendale, California Communications Technician Responsibilities: Supervised crews of up to five technicians while completing local area network installations at various client locations, including Northrop, Hughes Aircraft, and ARCO Products Company Torrance Refinery. Supervised total re-conversion of seven Southern California branches for Well's Fargo Electronic Banking System, including strapping of modems for the data system. Security Pacific Bank World Headquarters, supervised the installation of over 200 stations in a high-rise building utilizing multiple thick and thin Ethernet segments. System included twelve 200-pair riser/feeder cables for station distribution. Education Principles of(WEB)Well's Fargo Electronic Banking Systems Basic Ethernet Backbone(thin and thick)terminations Fiber Optic cable installation procedures, Cabletron Systems, Inc. IBM Token Ring network installation and termination procedures OSHA Asbestos Abatement Worker Certification, 1990 1987-1988, California State, Chico, California, Industrial Technology 1984-1987, Cuesta College, San Luis Obispo, California, Business 1980-1984, Foothill High School, Tustin, California, Completed academic curriculum David L. Wood, Jr. Work Experience 2010-Present, Protection Technologies, Inc. General Manager Responsibilities: Oversee all aspects of the Service and Installation Departments which include but are not limited to customer interface, assigning technicians to service calls and installation jobs, technician performance reviews, assisting and building of quotations and ordering of service-and installation-related parts from multiple vendors. 2006-2010, Protection Technologies, Inc. Service Department Manager Responsibilities: Oversee all aspects of the Service Department which include but are not limited to customer interface, assigning technicians to service calls, technician performance reviews, assisting and building of service-related quotations and ordering of service-related parts from multiple vendors. 2005-2006, Protection Technologies, Inc. Project LeadlManagement Responsibilities: Oversee technicians during equipment installation, interface with customers, assist Systems Consultants in installation time management for preparing quotations. 2001-2005, Protection Technologies, Inc. Installation & Repair Technician Responsibilities: Installation and repair of closed-circuit surveillance equipment, including monitors, recorders, cameras and audio equipment, access control systems including card readers, keypads, motion detectors and monitoring devices. Repair and installation of electronic door equipment including electric strikes, magnetic locks and panic hardware. Installation and repair of existing mechanical lock systems. 1995-2001, Cascade Electronics Service Manager Responsibilities: Installation, service and repair of electronic equipment. Inventory equipment and parts to ensure adequate supplies. Use of manual and power tools to complete work. Customer Service. Education Lake Washington Technical College, Kirkland, Washington Inglemoor High School, Juanita, Washington Accomplishments Open Options, Factory Trained and Certified Technician • SKIDATA, Factory Trained and Certified Technician Ian Kilpatrick Experience May 2004— Present, Protection Technologies, Inc. Redmond, Washington CAD Engineer and Project Manager Responsible for system design, presentation and project management of CCTV, parking, access control, intercom, security and networking systems. Oversee installations and supervise technicians during equipment installation and interface with customers. Also, installation and repair of closed-circuit surveillance equipment, including monitors, recorders, cameras and audio equipment, access control systems including card readers, keypads, motion detectors and monitoring devices. Repair and installation of electronic door equipment including electric strikes, magnetic locks and panic hardware. Installation and repair of existing mechanical lock systems. July 2001 — December 2003, South Seattle Sports Plaza, Federal Way, Washington Motorcycle Salesman Responsible for selling Yamaha motorcycles, ATVs, PWCs, snowmobiles and generators. August 2000—January 2001, Chucks Auto Detail, Auburn, Washington Auto Detailer Responsible for detailing automobiles contracted by local dealerships. May 2000 to August 2000, Younker Nissan, Renton, Washington Automobile Salesman Responsible for selling new and used vehicles. Education Graduated 1999, Thomas Jefferson High School, Federal Way, Washington Accomplishments • Open Options, Factory Certified Technician • SKI DATA, Factory Trained Technician • MAXxess, Factory Trained Technician 4A. Major Construction Projects in Progress Name of Project ProCure at Northwest Hospital Owner Northwest Hospital Architect or Design Engineer Simplex/Grinnell Contract Amount $33,481 Percent Complete 10% Scheduled Completion Date 3/2012 Name of Project Kelsey Creek Building B Owner Kelsey Creek Architect or Design Engineer SD Deacon General Contractors Contract Amount $32,531 Percent Complete 95% Scheduled Completion Date 3/2012 Name of Project Gethsemane Redevelopment Project Owner Compass Housing Alliance Architect or Design Engineer the Integrated Technologies Group, Inc. Contract Amount $42,435 Percent Complete 30% Scheduled Completion Date 412012 Name of Project Seattle City Light North & South Service Center Owner City of Seattle Architect or Design Engineer Contract Amount $65,144 Percent Complete 30% Scheduled Completion Date 412012 Name of Project Blocks 75 and 76 Pay-on-Foot Machines Owner City Creek Reserve, Inc. Architect or Design Engineer Jacobsen Construction Contract Amount $635,158 Percent Complete 15% Scheduled Completion Date 6/2012 Name of Project City of Boise Parking and Revenue Control System Owner City of Boise Architect or Design Engineer Capitol City Development Corp. Contract Amount $658,205 Percent Complete Hold Scheduled Completion Date Hold Name of Project City Center Surface Lot & Garage Owner Architect or Design Engineer Wasatch Regional Builders, LLC Contract Amount $99,555 Percent Complete 50% Scheduled Completion Date 612012 Total Current Major Projects $1,566,509 EXHIBIT B ENTS INSURANCE SERVICE CONTRACTS FOR Insurance The Contractor shall procure and maintain for the duration of the Agreement, _- _-----insurance-against claims for injuries-to persons or damaoe-to-property-whic. may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representativzs, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. ,4utomobile Liability insurance covering all ovmed, ncn- owned, hired and leased vehicles. Coverage shall be written 00 O1 or a on Insurance.Services Office (ISO) flentorm CA cover va necessary, the policy shall he substitute ftding rendorsed troltprovideage. If contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, onal injury and products-completed operations, pers 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 !S0 additional insured endorsement 0 10 11 85 or a substitute endorsement providing coverage. afton coverage as y the 2 Indu trial Insurance lawsrequired l la ws of the State of VJashington. E3, 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. EXHIBIT 9 (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 _1 ns_Urance: -- -- I. 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 Contractors 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 wit h insurers with a current A.M. Best rating of not less than AN11. E. verification of C€sverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but net 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. subjectAll coverages for subcontractors shall be ubject to all of the same insurance requirements as stated herein for the Contractor. KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: March 20, 2012 SUBJECT: Evergreen Technologies Agreement for Municipal Court Remodel - Authorize MOTION: Authorize the Mayor to sign a public works agreement with Evergreen Technologies in an amount not to exceed $37,192.21, to furnish and install low voltage/data/CCTV for the Municipal Court renovation project, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The city of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovating the building for the Kent municipal court clerical staff and probation staff. This agreement is for the Low Voltage/Data/CCTV to make the building compatible with city of Kent voltage/data/cctv. Evergreen was the successful bidder in Competitive Negotiation RFP process. EXHIBITS: Public Works Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Budgeted in the Municipal Court budget KENT PUBLIC WORKS AGREEMENT between City of Kent and EVERGREEN TECHNOLOGIES, INC. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Evergreen Technologies, Inc. organized under the laws of the State of Washington, located and doing business at 3623 East Marginal Way S. Seattle, 98134, 206-774-1400, and Jay Emerson, RCDD (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Furnish and Install low voltage/data/cctv for remodel at Kent Municipal Court located at 1220 Central Ave S, Kent, in accordance with Proposal dated February 21, 2012, which is attached as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by April 2012. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $37,192.21, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. PUBLIC WORKS AGREEMENT - 1 (Over 21OK. under S50K. and Performance Bond) B. Retainaae. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 2 /nvar k7nK. Ender 3.50K. and Performance Bond) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make ar equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City PUBLIC WORKS AGREEMENT - 3 in, Ar wank unrler ,950K. and Performance Bond) will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment PUBLIC WORKS AGREEMENT - 4 Inver�1OK. under$50K. and Performance Bond) for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Dui to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. PUBLIC WORKS AGREEMENT - 5 /mvar a mK. ender s50K. and Performance Bond) The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or 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 PUBLIC WORKS AGREEMENT - 6 (nver ,910K. under.5�50K. and Performance Bond) filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. PUBLIC WORKS AGREEMENT - 7 Mvar 4inK. under ,950K. and Performance Bond) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: --T CITY OF KENT: By: By: (signature) (signature) Print Name:_ _ Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: ]ay Emerson, Alex Ackley, Superintendent Parks Facilities Evergreen Technologies, Inc. City of Kent 3623 E. Marginal Way S 220 Fourth Avenue South Seattle, Wa. 98134 Kent, WA 98032 206-774-1400 (telephone) (253) 856-5081 (telephone) 206-774-1401 (facsimile) (253) 856-6080 (facsimile) APPROVED AS TO FORM: Kent Law Department e�eryreenremmurc PUBLIC WORKS AGREEMENT - 8 Inver A10K. under$50K, and Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this _ day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 • By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Commun� rEVERGREEN TECHNOLOGIES INC. ca tion Consulting and Contrading February 23, 2012 Mr. Alex Ackley City of Kent 220 4th Ave, South Kent, WA 98032 SUBJECT: Kent Municipal Court Low Voltage 1 Data 1 CCTV. SCOPE OF WORK: Section 17900117910 ( Includes Addendum # 1 ) 1. Install 75 ea. Dual Leviton Cat.6 outlets. (stations ) 2. Install 25 ea. Single Leviton Cat.6 outlets. ( stations, WAPS, wall phone, cameras, phoi 3. Install 30 ea. Panic Button cables. 4. Install 22118 cable to 16 ea. Card Readers. 5. Install 1 ea. 25 pair Cat.3 cable from MDF Voice patch panel to "D" mark room. 6. Install 2 ea. City of Kent provided microphone cables in 4 ea. Courtrooms. ( 8 total ) 7. Install 16 ea. Customer provided CCTV dome style cameras & 2 ea. Monitors. 8. Build out the MDF Room with: a. 2 ea. City of Kent provided 7 ft. black racks b. 3 ea. City of Kent Provided vertical wire managers. c. 12 inch black overhead tray in "T" configuration. d. 4 ea. 48 port Cat.6 patch panels. e. 2 ea. 24 port Cat.5e Voice patch panels. 9. Work will be done during Regular Hours ( 5am to 5pm ) except cable demo. 10. This project includes Phased work. 11. Remove old cable when project is complete. ( after hours ) 12. Quote includes 150 Cat.6 patch cords, Test results, CAD asbuilt, Permit&Warranty. GENERAL CAT.6 WHITE NON PLENUM CABLE 34 22AWG 12 CONDUCTOR SHIELDED NON PLENUM SHIELDED CABLE 5 LEVITON IVORY CAT.6 JACK 175 LEVITON IVORY 4 PORT FACEPLATE 80 LEVITON 48 PORT CAT.6 PATCH PANEL 4 LEVITON 24 PORT VOICE PATCH PANEL 2 LEVITON 2U HORIZONTAL WIRE MANAGER 4 w. LEVITON 1U HORIZONTAL WIRE MANAGER 2 CITY OF KENT PROVIDED 7 FT.2 POST BLACK RACK 2 12 INCH BLACK LADDER TRAY(10 FT. ) 2 12 INCH BLACK RACK TO RUNWAY BRACKET 2 12 INCH BLACK WALL ANGLE KIT 3 CITY OF KENT PROVIDED VERICAL WIRE MANAGER 3 INSTALL CUSTOMER PROVIDED PANIC BUTTONS 30 INSTALL CUSTOMER PROVIDED MICROPHONE CABLES 8 25 PAIR CAT.3 NON PLENUM CABLE 0.15 INSTALL CUSTOMER PROVIDED DOME STYLE CAMERAS 16 CABLE SUPPORT PER CODE 210 MISC. PARTS 1 TEST AND LABEL CATA CABLE 175 PERMIT AND INSPECTION 1 CAD ASBUILT 46 REMOVE OLD CABLE (AFTER HOURS WORK) 1 EVERGREEN TECHNOLOGIES PROJECT SUB TOTAL: $33,548.19 PERFORMANCE BOND $417.30 EVERGREEN TECHNOLOGIES PROJECT TOTAL: $33,965.49 The above price DOES NOT include Sales Tax or a Bid Bond. STANDARD ASSUMPTIONS AND CAVEATS (unless otherwise specified): 1) Evergreen Technologies requires a signed copy of this quotation before any work can begin. 2)This quotation is good for a period of thirty days. 3)All materials and workmanship shall meet or exceed EIAITIA 568--569 and NEC codes. Evergreen Technologies guarantees the completed project for one year.All mud rings, pull strings, pov poles, backboards, floor access and conduits to be provided by others, unless otherwise specified. 4) Evergreen Technologies reserves the right to require any modifications as required to meet EIA ITIA specifications, local, State or NEC codes to accommodate cable installation. 5)Customer shall make premises available as soon as possible for material staging and pre-construction site survey. t 6)Customer shall move, or make arrangements for others to move any furniture, files, shelves, computers, personnel belongings, or any other materials which obstructs placement of cabling. Such items must be moved by customer, prior to start of project. 7) Customer shall not locate any equipment which may cause Radio Frequency Interference(RFI) or Electromagnetic Interference(EMI), or Electrical Interference within 25 feet of cabling Main Distribution Frame(MDF). If the customer requests a location that does not comply with these conditions Evergreen Technologies may, at its discretion void the warranty provision of this contract. 8)Customer shall assist in the preparation of as-built documentation by providing current copies of all required floor plans.These plans shall identify all work locations and Communications Rooms with labeling scheme. 9)This quotation does not include the removal of existing cable. 10)Technical support of customer hardware OR customer generated delays are billed at$60.00 per hour, per person on-site.This includes access to required rooms, hallways, closets ETC. 11)We have estimated this project using regular working hours, unless otherwise specified (7:00 AM to 5:00 PM). Additional work required during swing shift(2:30 PM to 10:30 PM) or off hours (before 7:00 AM)the labor rate will increase by 20%. Billing for Saturday work is on a time and a half basis, Sunday work will be billed at double time. 12)Additional work requested outside the General Scope is billed on a Time and Materials basis. 13) Billing is bi-weekly with progressive billing for larger projects. Evergreen Technologies requires a deposit of 50%to begin work unless other arrangements are made.All past due invoices will be subject to a 1% interest charge per n 14)This quotation assumes that all materials are available through standard distribution channels. 15) All cable installed in existing conduits or raceways are based upon 40%fill, additional labor will be charged at the normal rate for cable installation in overfilled raceways. (If required). 16) Pricing structure is based upon the award of the entire project, if the entire project is not awarded V Evergreen Technologies as stated above, pricing will require re-negotiation. 17) Customer agrees to not directly or indirectly solicit for employment, or employ any person who is ai employee of Evergreen Technologies for a period of 1 year after termination of all contracts. Evergreen Technologies certifies that it is licensed and regularly engaged in the business of installing Data f Voice and Low Voltage cable systems, State of Washington Limited Energy Contractors#EVERGT1929K9 Evergreen Technologies is an IBEW Local 46 Union contractor. We look forward to working with you on this project, if you have any questions regarding this quote please contact me at(206)774.1344 Sincerely, Jay Emerson Project Manager Please complete this information to begin project: Purchase Order# Date Accepted by: Printed name: Company name: BILL TO: EXHIBIT 3 INSURANCE REQUIREMENTS FOR SEPWICE CONTRACTS insurance The Contractor shall procure and maintain for the duration of the Agreement, - nsurarce against cladms for mjurics to-per"so�zi,s or dam, age-to-property-which-- - may arise from or in connection ith the performance of the work here under by the Contractor, their agents, representatives, employees or- Subcontractors. A, Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Lutomobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance.SeFvlces.Cffice (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liabilit 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. e as y the 2. Wdu trial Insurance tllaws 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 units no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 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 insr Lance — — — — 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 an 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 perforrned 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 6f I€:surers Insurance is to be placed wiEh insurers with a current A.M. Best rating of not less than ANh. E. 'ersfFeatton of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: March 20, 2012 SUBJECT: Rainier Industries, Ltd. Agreement for Riverbend Golf Complex Tent — Authorize MOTION: Authorize the Mayor to sign the agreement with Rainier Industries, Ltd., to purchase and install a tent at Riverbend Golf Complex in the amount of $27,938.93, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: The tent at the 18-Hole at Riverbend Golf Complex was destroyed during the snow and ice storm in January 2012. The golf complex tent is used for various functions throughout the year, including: corporate golf tournaments; local and regional golf events; junior camps and tournaments; and as an event banquet facility. The golf complex tent is an important element in marketing and promoting the golf complex to local and regional tournaments and events. The original tent was purchased and installed by Rainier Industries, Ltd. Staff received written determination from the Mayor waiving the bidding requirements as allowed in Section 3.70.080 of the Kent City Code and City of Kent Administration Policy Number 1.1.10 to purchase the replacement tent under the sole source provider provision. The replacement of the golf complex tent will cost $27,938.93 and is covered by the city's insurance company, Affiliated FM, as part of the storm damage claim. Affiliated FM approved the bid from Rainier Industries, Ltd., for the purchase and installation of a new tent at the golf complex on a "like for like" basis. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Paid through Affiliated FM Insurance PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling Director Phone: 253-856-5100 Fax: 253-856-6050 � KENT W HINCTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: March 5, 2012 TO: Mayor Suzette Cooke FROM: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Waiver of Procurement Requirements - Riverbend Tent REFERENCE: Section 3.70.080 Kent City Code Number 1.1.10 City of Kent Administration Policy FUNDING: City Insurance - Affiliated FM Insurance The Parks Department is asking for a written determination waiving the bidding requirements allowed in the Section 3.70.080 Kent City Code and City of Kent Administration Policy Number 1.1.10 to replace the tent at Riverbend Golf Complex that was destroyed by the snow and ice storm in January. The replacement of the golf complex tent is covered by the city's insurance company Affiliated FM. Affiliated FM approved replacing the tent on a `like for like" basis. The original tent was purchased from and installed by Rainier Industries, Ltd. Affiliated FM approved the bid from Rainier Industries, Ltd. for the purchase and installation of a new tent at the golf complex. We believe it is in the city's best interest to negotiate a purchase directly with Rainier Industries, Ltd. because Affiliated FM has approved the replacement of the golf complex tent with the same tent that was purchased and installed by Rainier Industries, Ltd. The estimated cost of the purchase is $27,938.93 and funded by the approved claim by the city's insurance company Affiliated FM. 6 Ao- May r/S zette Cooke Date/ .� KENT o� GOODS & SERVICES AGREEMENT between the City of Kent and Rainier Industries, Ltd. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rainier Industries, Ltd., organized under the laws of the State of Washington, located and doing business at 18375 Olympic Avenue South, Tukwila, WA 98188, 1-800-869-7162, Contact: Casey Brookbush (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: For Riverbend Golf Complex, one 60' x 40' Rainier Lite-Span Canopy Tent, including necessary supplies and installation, as outlined in the attached proposal, dated 2/22/12. 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 45 days from signature of this agreement. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Seven Thousand, Nine Hundred Thirty Eight and 93/100 ($27,938.93), 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) 500/o deposit and all work completed in a given month will be billed for on or before the 10 of the following month and payable within 30 days of receipt 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: 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. 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 Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Cade 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 bdgin 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 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) 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: Rainier Industries, Ltd. Pete Petersen, Supt. Riverbend Golf Complex 18375 Olympia Avenue South City of Kent Tukwila, WA 98188 220 Fourth Avenue South caseyb@rainier.com Kent, WA 98032 1-800-869-7162 (telephone) (253) 856-5190 (telephone) [n/a (facsimile) (253) n/a (facsimile) APPROVED AS TO FORM: Kent Law Department 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. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 . By:For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as _ _ that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20__ By: --- For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 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: Page 15 ff � h �� ti � Rainier Industries,Lid 18375 Olympic Avenue South Tukwila WA 98188 USA www.rainier.com caseyb'rainier.corn To: R.D. Pete Petersen Riverbend Golf Complex-City of Kent From: Casey Brookbush 2019 West Meeker Street Date: 2/22/12 Kent, WA 98032 Project Riverbend—40x6Otent Ph: (253) 856-5190 rpetersen(:&i.kenUw'a.us Fax: (253) 856-6190 P R O P O S A L Riverbend Golf Course—Rainier Canopy Tent 1. Riverbend Canopy tent 60' x 40' Rainier Lite-Span Canopy tent Frame,top,baseplates,ropes,stakes&construction drawings included Framing: 6005 T6 custom extruded aluminum with anodized finish Rainier extrusion LS 116 eaves& LS 127 Rafters& legs Opaque l7oz blockout or translucent 16oz translucent vinyl top. Manufacturing drawings provided for customer review&approval prior to commencement of manufacturing. Framing&Top: $19,500 Total Sidewalls: (10)20' sections with windows(matching previous): $6,350 Total Installation: S2,500 Extended Total: $28,350 City of Kent/Riverbend customer discount: (less 10%) (-2,835) TOTAL: $25,515.00 Extended Sub-Total: $25,515.00 Sales Tax: $2,423.93 Extended Total: $27,938.93 SCHEDULE OF PAYMENT: 50%deposit requested.All work completed in a given month will be billed for,on or before,the 10"'ofihe following month and payable within 30 days of receipt of invoice.Invoices will be accompanied by a corresponding schedule of values. CONDITIONS OF AGREEMENT: 1. Work To Be Done-CUSTOMER wants RAINIER INDUSTRIES,LTD.to design,fabricate and install product to supply material,and/or famish labor as described above. 2. Payment for Work:CUSTOMER agrees to pay RAINIER INDUSTRIES,LTD_a 50%deposit upon execution of this Agreement,with balance due upon completion of work acid billing to the CUSTOMER.Upon completion of a credit application,CUSTOMER may be qualified for terms of Net 30 day on the balance due.In the event that payment becomes delinquent CUSTOMER agrees to pay finance charge of I%per month and any associated collection costs,including reasonable attorney fees. 3. Acceptance:This order shall not become binding upon RAINIER INDUSTRIES,LTD.until such time as it is executed by authorized representatives of both the CUSTOMER and RAINIER INDUSTRIES,LTD and not prior to RAINIER INDUSTRIES,LTD receiving a 50%deposit.This agreement is only valid if accepted within 60 days of the proposal date. 720-01-09 Rev.1—5/I6/2008 Page I of 2 Environmental Graphics Agreement Rainier Industries,Ltd 18375 Olympic Avenue South Tukwila WA 98188 USA www.rainier.com L Modification of Agreement This Agreement can only be modified in writing,signed by both CLSI' OMER and RAINIER INDUSTRIES,LTD.and specifically referring to this Agreement by this date.There are no other agreements,oral or written(except this Agreement itself),that apply to the work to be performed under this Agreement. 5. Right to Remove:If CUSTOMER fails to make full mid timely payment for the work covered by this Agreemcnt(and any written modifications of it), CUSTOMER agrees that RAINIER INDUSTRIES,LTD.can remove product and/or material as described above for whatever salvage value they have,and CUSTOMER will receive credit from RAINIER INDUSTRIES,LTD.for that salvage value against the unpaid balance of CUSTOMER'S debt to RAINIER INDUSTRIES,LTD_In the event of such removal,RAINIER INDUSTRIES,LTD.will take care to return the premises,inasmuch as is reasonably possible,to their condition as of the date of the Agreement. 6. Building Permits and Licenses:If the work covered by this Agreement will require a building permit,license from local government authorities,or approval of property owners or tenants,then CUSTOMER is responsible for all costs associated with obtaining permits,licenses,or approvals, including any additional engineering required by local government authorities. 7. Change in Scope:If,during the field survey,permitting or approval process or installation of the products and/or materials described above,the scope of work changes from that estimated by RAINIER INDUSTRIES,LTD.due to factors not known at the time of executing this Agreement, CUSTOMER is responsible for all additional costs associated with those changes.RAINIER INDUSTRIES,LTD.shall endeavor,if practical,to inform CUSTOMER of such changes in scope in advance of incurring such additional costs. S. Electrical Service:RAINIER INDUSTRIES,LTD.is a registered Specialty Electrical Contractor,registration number RAINIIL065P1.This license limits RAINIER INDUSTRIES,LTD_to connection of our supplied electrical components to CUSTOMER'S electrical service at the wall surface where our product and/or material as described above is installed.All costs associated with providing electrical service to the wall surface convenient for our connection are the sole responsibility of the CUSTOMER. 9. Attorney Fees and Casts:If either CUSTOMER or RAINIER INDUSTRIES,LTD incurs attorney fees mid/or costs to enforce any pan of this Agreement,the substantially prevailing party is entitled to recover those fees and costs from the other party.The laws of the State of Washington shall govern any such action. NOTICE TO CUSTOMER: The State of Washington(RCW Chapter 18.27)requires all contractors to provide the following information: Rainier Industries,Ltd.is registered with the State of Washington,registration number RAINIIL066QP,as a specialty contractor,and has posted with the State a bond of$4,000 for the purpose of satisfying claims against the contractor for negligent or improper work or breach of contract in the conduct of the contractor's business. This contractor's registration expires on December 31,and is reviewed annually. This bond may not be sufficient to cover a claim which might arise from the work done under your contract.If any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by the contractor or subcontractor on yourjob,your property may be liened to force payment.If you wish additional protection,you may request the contractor to provide you with original`lien release"documents from each supplier or subcontractor on your project. The contractor is required to provide you with further information about lieu release documents if requested. General Information is also available from the Department of Labor and Industries. ACCEPTANCE: Please indicate acceptance of this proposal by signing on the line provided below. Authorized Client's Signature Title Date If you have any questions or require additional information,please contact Casey Brookbush at Rainier Industries, Ltd. 800-865 7162, 720-01-09 Rev. l—5/l6/2008 Page 2 of 2 Environmental Graphics Agreement INSURANCE SRVICE CONTRACTS FOB Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance-againstelaims for injuries to persons ordamage-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, a hired nd leased vehicles. Coverage shall be written on Insurance.Servi.ces.office (ISO) form CA 00 01 or a neccessary, the ptute for.m oly shall belvalent endorsed toitprov provide If contractual liability coverage. 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 advertisirg 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 endorsementG 20 10 11 85 or a substitute endorsement providing equ lent coverage. 2. Workers' Comoensation_coverage as required by the Industrial Insurance laws of the State of Washington. g, 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 Liabilityinsurance shall be written with limits ro less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT 9 (Continued � C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the Following revisions for Automobile Liability and Commercial General Liability 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. M Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:V11. E. Verification of COVerage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited %o 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 — 7K TO: City Council DATE: March 20, 2012 SUBJECT: Regional Fire Authority, 72nd Avenue Extension — Authorize MOTION: Authorize the Mayor to send a letter to the Kent Regional Fire Authority requesting a contribution of $600,000 to the 72nd Avenue South Extension project. SUMMARY: 72nd Avenue South currently runs from South 180th Street to South 228th Street with a missing segment between South 196th Street and South 200th Street. The 72nd Avenue South Extension project will complete the missing link and provide connectivity to the north end of the industrial area between West Valley Highway and the Union Pacific Railroad tracks. The Kent Regional Fire Authority (RFA), (formerly Kent Fire Department) has supported the 72nd Avenue South project for a number of years. This project will benefit the RFA by reducing travel and response times, and allow the RFA to meet adopted levels of service to the areas north and east of the missing roadway. Response times will be improved to 215 land parcels. In fact, the RFA would consider building another Fire Station if the 72nd Avenue South Extension was not constructed. The total project cost is $2,400,000. The City has been awarded a roughly $1,200,000 grant from the Washington State Transportation Improvement Board (TIB), leaving $1,200,000 to be funded. Drainage improvements for the project will total about $600,000. RFA staff believes a contribution of $600,000 could be supported by the RFA Board, based on a request from the City. EXHIBITS: None RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The Regional Fire Authority contribution would provide matching funds for the 72nd Avenue South extension. KENT Agenda Item: Consent Calendar — 7L TO: City Council DATE: March 20, 2012 SUBJECT: Transportation Improvement Board, 72nd Avenue Grant — Authorize MOTION: Authorize the Mayor to sign the Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement for the 72nd Avenue South Extension, 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: 72nd Avenue S. currently runs from S. 180th Street to S. 228th Street with a missing segment between S. 196th Street and S. 200th Street. The 72nd Avenue S. Extension Project will provide connectivity to the north end of the industrial area between West Valley Highway and the Union Pacific Railroad tracks. Since the mid 1990's, Public Works has been working with the Western Processing Trust, which is being administered by the Boeing Company, to complete roadway improvements along S. 196th Street and for the future 72nd Avenue S. extension. The City was successful in receiving a grant from the Washington State Transportation Improvement Board for $1,182,420 which is roughly 50% of the estimated $2,400,000 project cost to complete the 72nd Avenue South Extension. EXHIBITS: Washington State Transportation Improvement Board Fuel Tax Grant Agreement Project # 8-1-106(030)-1 RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City's matching share is $1,200,000; Engineering is exploring funding options with the Regional Fire Authority, which has an interest in seeing the project completed because it would improve response times in the north end of the valley. Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement LEAD AGENCY: KENT PROJECT NUMBER: 8-1-106(030)-1 PROJECT TITLE: 72nd Avenue S PROJECT TERMINI: South 196th St to South 200th St 1.0 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein. It is the intent of the parties, TIB and the grant recipient, that this Agreement shall govern the use and distribution of the grant funds through all phases of the project. Accordingly, the project specific information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase. This Agreement, together with the attachments hereto, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and supercedes all previous written or oral agreements between the parties. 2.0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments. 3.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein. 4.0 AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5.0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The grant recipient is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the grant recipient's other rights under this Agreement. 6.0 GOVERNANCE &VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. TIB Form 190-500 Page 1 of 3 Rev.2/14/2003 Washington State Transportation Improvement Board ® ' Fuel Tax Grant Distribution Agreement 7.0 TERMINATION 7.1 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days' prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 7.2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other. 7.3 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TIB has the right to suspend or terminate this Agreement. TIB shall notify the grant recipient in writing of the need to take corrective action. If corrective action is not taken within 30 days, the Agreement may be terminated. TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement. The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds. The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient: (1)was not at fault, or (2) failure to perform was outside of the grant recipient's control, fault or negligence. The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 7.4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TIB's obligations, or for any reason. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 7.5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or take such action as may be directed by TIB. TIB Form 190-500 Page 2 of 3 Rev.2./14,'2003 /ann,.m.5n\ Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 8.0 AVAILABILITY OF TIB FUNDS The availability of Transportation Improvement Board funds is a function of Motor Vehicle Fuel Tax collections and existing contractual obligations. The local agency shall submit timely progress billings as project costs are incurred to enable accurate budgeting and fund management. Failure to submit timely progress billings may result in delayed payments or the establishment of a payment schedule. 9.0 ATTACHMENTS Attachments are incorporated into this agreement with subsequent amendments as needed. Approved as to Form This 14th Day of February, 2003 Rob McKenna Attorney General By: Signature on file Elizabeth Lagerberg Assistant Attorney General I Lead Agency Transportation Improvement Board i Signature of Chairman/Mayor Date Executive Director Date Print Name Print Name TIB Form 190-500 Page 3 of 3 Rev.2/14/2003 KENT Agenda Item: Consent Calendar - 7M TO: City Council DATE: March 20, 2012 SUBJECT: Department of Transportation Property, Smith and Lincoln Intersection - Accept MOTION: Authorize the Mayor to a sign a quit claim deed and all other documents necessary to accept property from the Washington State Department of Transportation, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In the mid-1960's the Washington State Department of Transportation (WSDOT) acquired property along Lincoln Avenue near Smith Street for the construction of State Route 167. As part of the City's Smith and Lincoln intersection project, we are constructing new sidewalks on a portion of this property. WSDOT granted the City a permit to allow this work to commence. WSDOT has agreed to surplus the property to the City for just the cost of document recording. In order to complete this transaction, the City must sign a quit claim deed and associated documents. EXHIBITS: Letter dated 1/27/12 RE: I.C.-17-00166 and Quit Claim Deed RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The property is being surplused to the City at no cost other than recording fees. Document recording fees will come out of the project budget. AMIL Washington State ease areal Estate services Office Department of T ansp®rtatl®n PO Box 47338 Paula J. Hammond, P.E. Olympia,WA 98504-7338 Secretary of Transportation 360-705-7307/Fax 360-705-6811 TTY: 1-800-833-6388 mmmsdotma.gov January 27, 2012 RECEIVED Attn: Garr t UTY F E T Attn: Garrett Inouye 400 West Gowe St. ENGINEERING DEFT Kent, WA 98032-6019 RE: I. C. #: 1-17-00166 Plan Title: Primary State Highway No. 5 (SR 167), Kent: So. 285th St. to So. 228" St. Dear Mr. Inouye: The enclosed Quitclaim Deed from the State of Washington is sent for your review and approval. Please sign on the line provided on page 3. It is not necessary to have the signature acknowledged. After the deed has been signed, please return it along with a check for the recording fee in the amount of$65.00 made payable to the King County Recorder, and a check for the Excise Affidavit processing fee in the amount of$10.00 payable to the King County Treasurer. We will then have the instrument executed and recorded. It will be returned to you after recording and processing. Please contact me if you have any questions regarding this matter. Sincerely, Michelle Newlean Property &Acquisition Specialist Real Estate Services (360) 705-7332 NewleaM@wsdot.wa.gov MN: Enclosures Cc: Sharon Caudill AFTER RECORDING RETURN TO: ATTN: REAL ESTATE SERVICES DEPARTMENT OF TRANSPORTATION P.O. BOX 47338 OLYMPIA, WA 98504-7338 Document Title: Quitclaim Deed Reference Number of Related Document: N/A Grantor(s): State of Washington Grantee(s): City of Kent Legal Description: Ptn of Lots 8, 9, 10 & 11, Block"B'; & Ptn of Lots 8, 9, 10 & 11, Block"E", ALL in the Supplemental Plat of Meeker's First Addition to the Town of Kent Additional Legal Description is on Pages 1 & 2 of document Assessor's Tax Parcel Number: 5436201085, 5436201095, 5436201175 & 5436201185 QUITCLAIM DEED Primary State Highway No. 5 (SR 167), Kent: So. 2851h St. to So. 228"h St. The STATE OF WASHINGTON acting by and through its DEPARTMENT OF TRANSPORTATION, Grantor, for and in consideration of CONTINUED USE OF THIS PROPERTY FOR ROAD PURPOSES, hereby conveys and quitclaims unto the CITY OF KENT, a Municipal Corporation, Grantee(s), all right, title, and interest in and to the following described real property situated in King County, State of Washington: All that portion of the hereinafter described PARCEL "A" lying easterly of a line beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 809+24.54 on the SR 167 line survey of SR 167, Kent: So. 285th St. to So. 228th St., and 150 feet easterly therefrom; thence northerly to a point opposite HES 822+00 on said line survey and 110 feet easterly therefrom and the end of this line description. PARCEL "A" The east half of Lot 8; all of Lots 9 and 10; and east half of Lot 11, Block "W' RES 411 Page 1 of 4 Pages IC# 1-17-00166 Revised 1/2011 and the east half of Lot 8; all of Lots 9 and 10; and east half of Lot 11, Block "E", ALL in the Supplemental Plat of Meeker's First Addition to the Town of Kent, according to the plat recorded in Volume 5 of Plats,'page 96, in King County, Washington. The specific details concerning all of which may be found on sheet 7 of that certain plan entitled Primary State Highway No. 5 (SR 167), Kent: So. 285`h St. to So. 228`h St. , now of record and on file in the office of the Secretary of Transportation at Olympia, Washington, bearing date of approval May 4, 1965. Subject to all existing encumbrances, including easements, restrictions and reservations, if any. The Grantee(s) herein, on behalf of itself and its heirs, successors or assigns, waives and/or releases Grantor from any past, present, or future claims for damages directly or indirectly caused by highway drainage or runoff, and further Grantee(s), its heirs, successors or assigns, shall have no right of compensation for damages to the property herein conveyed caused directly or indirectly by highway drainage or runoff. The Grantee(s) herein, on behalf of itself and its heirs, successors or assigns, covenants and agrees that the above referenced property is transferred for road/street purposes only, and no other use shall be allowed. Should said property cease to be used for road/street purposes said ownership shall automatically revert to Grantor and be evidenced by conveyance from Grantee, heirs successors or assigns releasing all Grantee's interest in said property. The grantee(s) as part consideration herein does hereby agree to comply with all civil rights and anti-discrimination requirements of Chapter 49.60 RCW as to the lands herein described. The lands herein described are not required for State highway purposes and are conveyed pursuant to the provisions of RCW 47.12.080. RES 411 Page 2 of 4 Pages IC# 1-17-00166 Revised 1/2011. Dated at Olympia, Washington,this day of 20_ STATE OF WASHINGTON Paula J. Hammond, P.E. Secretary of Transportation APPROVED AS TO FO1` By Assistan Attorney General REVIEWED AS TO FORM: City of Kent By: Name: Title: RES 411 Page 3 of 4 Pages IC# 1-17-00166 Revised 1/2011 STATE OF WASHINGTON ) ): ss County of Thurston ) On this day of 20 before me personally appeared Paula J. Hammond, P.E., known to me as the Secretary of Transportation, Washington State Department of Transportation, and executed the foregoing instrument, acknowledging said instrument to be the free and voluntary act and deed of the State of Washington, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. Given under my hand and official seal the day and year last above written. Notary (print name) Notary Public in and for the State of Washington, residing at Olympia My Appointment Expires RES 411 Page 4 of Pages IC# 1-17-00166 Revised 1/2011 KENT Agenda Item: Consent Calendar - 7N TO: City Council DATE: March 20, 2012 SUBJECT: Department of Transportation Property, South 224th Street Improvements - Accept MOTION: Authorize the Mayor to sign quit claim deeds and other documents necessary to accept property from the Washington State Department of Transportation, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In the mid-1960's, the Washington State Department of Transportation (WSDOT) acquired property adjacent to the future State Route 167 to provide access for construction vehicles. Since then, these properties have been used as public roads. Typically, WSDOT would surplus these properties to the local jurisdiction. However, this never happened, and the oversight was not discovered until the City started pursuing property rights for the S. 224th Street Project. As a "housecleaning" measure, WSDOT is surplusing these properties to the city for what it costs to record the documents. This will save the city a significant amount of money versus purchasing a similar area for right-of-way. EXHIBITS: Letter dated 1/27/12 RE:I.C. 1-17-09245 and Quit Claim Deed RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The property is being surplused to the City at no cost other than recording fees. Document recording fees will come out of the S. 224th Street Project. AML w7Washington State BOO Real Estate Services Office A Film Department of Transportation PO Box 47338 Paula J. Hammond, P.E. Olympia,WA 98504-7338 Secretary of Transportation 360-705-7307/Fax 360-705-6811 TTY: 1-800-833-6388 www.wsdot.wa.gov January 27, 2012 City of Kent Attn: Garrett Inouye 400 West Gowe St. Kent, WA 98032-6019 RE: I. C. #: 1-17-09245 Plan Title: Primary State Highway No. 5 (SR 167), South 228th St. in Kent to Renton Dear Mr. Inouye: The enclosed Quitclaim Deed from the State of Washington is sent for your review and approval. Please sign on the line provided on page 5. It is not necessary to have the signature acknowledged. After the deed has been signed, please return it along with a check for the recording fee in the amount of$67.00 made payable to the King County Recorder, and a check for the Excise Affidavit processing fee in the amount of$10.00 payable to the King County Treasurer. We will then have the instrument executed and recorded. It will be returned to you after recording and processing. Please contact me if you have any questions regarding this matter. Sincerely, hAl OVWIU, Nw6A---,, Michelle Newlean Property&Acquisition Specialist Real Estate Services (360) 705-7332 NewleaM@wsdot.wa.gov MN: Enclosures Cc: Sharon Caudill AFTER RECORDING RETURN TO: ATTN: REAL ESTATE SERVICES DEPARTMENT OF TRANSPORTATION P.O. BOX 47338 OLYMPIA, WA 98504-7338 Document Title: Quitclaim Deed Reference Number of Related Document: N/A Grantor(s): State of Washington Grantee(s): City of Kent Legal Description: G.L.'s 1 &2,NE-NW, SE-NW, Sec. 18, T22N, RSE, W.M.; Shines Cloverdale Addition to Kent; Shinn's Garden Addition to Kent Additional Legal Description is on Pages 1, 2 & 3 of document Assessor's Tax Parcel Number: None Assigned-Highway Right of Way QUITCLAIM DEED Primary State Highway No. 5 (SR 167), South 228`h St. in Kent to Renton The STATE OF WASHINGTON acting by and through its DEPARTMENT OF TRANSPORTATION, Grantor, for and in consideration of CONTINUED USE OF THIS PROPERTY FOR ROAD PURPOSES, hereby conveys and quitclaims unto CITY OF KENT, a Municipal Corporation, Grantee(s), all right, title, and interest in and to the following described real property situated in King County, State of Washington: Parcel A All that portion of Shinn's Garden Addition to Kent, according to the plat recorded in Volume 8 of Plats,page 1, in King Comity, Washington; AND portions Governments Lot 1 and 2; the northeast quarter of the northwest quarter; and the southeast quarter of the northwest quarter; ALL in Section 18, Township 22 North, Range 5 East, W.M. described as follows: A strip of land having a width of 60 feet, being 30 feet wide on each side, when measured at right angles from the following described Frontage RES 411 Page 1 of 6 Pages IC# 1-17-09245 Revised 1/2011 Service Road Center Line Survey of SR 167, South 228th St. in Kent to Renton: Begin on the 84th Avenue South Center Line Survey at Highway Engineer's Station (hereinafter referred to as HES) 535+09.2=Frontage Service Road 0+00 P.O.T.; thence North 76°07'04" East 370.9 feet to Frontage Service Road HES 03+70.9 P.I.,said HES being 10 feet distant southerly, when measured at right angles from the southerly boundary of Government Lot 1, Section 18, Township 22 North, Range 5 East, W.M.; thence easterly parallel with said southerly boundary 823.7 feet to Frontage Service Road HES 11+94.6 P.L; thence North 0I'l8'13" East along said Frontage Service Road line survey to intersect the northerly boundary of said Section 18 and the end of this Frontage Service Road Center Line description. Parcel B All that portion of Government Lot 1, Section 18, Township 22 North, Range 5 East, W.M. and Shinn's Cloverdale Addition to Kent, according to the plat recorded in Volume 6 of Plats, page 52, in King County, Washington, lying between the following described two (2) lines: Line 1 Beginning at a point on the south boundary of Section 7, Township 22 North, Range 5 East, W.M., lying 170 feet southeasterly, when measured at right angles and/or radially from the SR 167 line survey of SR 167, South 228th St. in Kent to Renton; thence northeasterly parallel with said SR 167 line survey to a point opposite HES 918+00 thereon; thence northwesterly to a point opposite said HES and 150 feet southeasterly therefrom; thence Northeasterly parallel with said SR 167 line survey to a point opposite HES 921+50; thence southeasterly to a point opposite said HES and 225 feet southeasterly therefrom; thence northeasterly parallel with said line survey to a point opposite HES 923+00 thereon; thence northwesterly to a point opposite said HES and 200 feet southeasterly therefrom; thence northeasterly parallel with said line survey to a point opposite HES 926+00 thereon; thence northwesterly to a point opposite said HES and 140 feet southeasterly therefrom; RES 411 Page 2 of 6 Pages IC# 1-17-09245 Revised 1/2011 thence northerly parallel with said line survey to the north boundary of Lot 26 of said Shinns Cloverdale Addition to Kent and the end of Line 1 description. Line 2 Beginning at a point opposite HISS 907+52 f on the SR 167 line survey of said Highway and 121t feet Southeasterly therefrom, being on the South line of said Section 7; Thence Westerly along said South line to apoint opposite HES 907+42 - on said line survey and 110 feet Southeasterly therefrom; thence Southwesterly parallel with said line survey to a point opposite HES 906+71; thence Northerly to a point opposite HES 906+91 on said line survey and 100 feet Southeasterly therefrom; thence Northeasterly parallel with said line survey to a point opposite HES 909+35; thence Northwesterly to a point opposite said HES and 90 feet Southeasterly therefrom; thence Northeasterly parallel with said line survey to a point opposite HES 909+65; thence Southeasterly to a point opposite said HES and 110 feet Southeasterly therefrom; thence Northeasterly parallel with said line survey to a point opposite HES 915+15; thence Northeasterly to a point opposite HES 916+50 on said line survey and 80 feet Southeasterly therefrom; thence Northeasterly parallel with said line survey to the North boundary of Lot 26 of said Shinn's Cloverdale Addition to Kent and the end of Line 2 description. The Grantee(s)herein, including heirs, successors or assigns, shall have no right of ingress or egress to, from and between SR 167 and the lands herein described, nor shall they be entitled to compensation for any loss of light, view and air occasioned by the location, construction, maintenance or operation of said highway. The specific details concerning all of which may be found on sheets 1 & 2 of that certain plan entitled Primary State Highway No. 5 (SR 167), South 228`h St. in Kent to Renton, now of record and on file in the office of the Secretary of Transportation at Olympia, Washington, bearing date of approval November 22, 1960. RES 411 Page 3 of 6 Pages IC# 1-17-09245 Revised 1/2011 Subject to all existing encumbrances, including easements, restrictions and reservations, if any. The Grantee(s) herein, on behalf of itself and its heirs, successors or assigns, waives and/or releases Grantor from any past, present, or future claims for damages directly or indirectly caused by highway drainage or runoff, and further Grantee(s), its heirs, successors or assigns, shall have no right of compensation for damages to the property herein conveyed caused directly . or indirectly by highway drainage or runoff. The Grantee(s) herein shall not utilize the existing drainage system currently accommodating runoff from SR 167 without prior review and approval by the Grantor. The Grantee(s) herein, on behalf of itself and its heirs, successors or assigns, covenants and agrees that the above referenced property is transferred for road/street purposes only, and no other use shall be allowed. Should said property cease to be used for road/street purposes said ownership shall automatically revert to Grantor and be evidenced by conveyance from Grantee, heirs successors or assigns releasing all Grantee's interest in said property. The grantee(s) as part consideration herein does hereby agree to comply with all civil rights and anti-discrimination requirements of Chapter 49.60 RCW as to the lands herein described. The lands herein described are not required for State highway purposes and are conveyed pursuant to the provisions of RCW 47.12.080. RES 411 Page 4 of 6 Pages IC# 1-17-09245 Revised 1/2011 Dated at Olympia, Washington; this day of 20 STATE OF WASHINGTON Paula J. Hammond, P.E. Secretary of Transportation APPROVED AS TO FO By�. As—sfsta Attorney Gcneral REVIEWED AS TO FORM: City of Kent By: Name: Title: RES 411 Page 5 of 6 Pages IC# 1-17-09245 Revised 1/2011 STATE OF WASHINGTON ) ): ss County of Thurston ) On this day of 20 , before me personally appeared Paula J. Hammond, P.E., known to me as the Secretary of Transportation, Washington State Department of Transportation, and executed the foregoing instrument, acknowledging said instrument to be the free and voluntary act and deed of the State of Washington, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. Given under my hand and official seal the day and year last above written. Notary (print name) Notary Public in and for the State of Washington, residing at Olympia My Appointment Expires RES 411 Page 6 of 6 Pages IC# 1-17-09245 Revised 1/2011 r �n as�� IN NuA id log Jill K / h _ a _ a C v @ MY $z o Y C hi$ � T1 1y (��n�; zy�tl�/I. Oa E5 8fm5 000 & aP' g F:Y y yx -$ a w y i �.r o I ®a U ap �$ — g n ml3 sQ esa _ { y m yY 9 s ag al S z � I I n4 i9 ' na' i A 4 P 0 f C } p f UI'av ' i '� ,�; �. �;,- i �� i � � f r � r /, / r�. �l/� it f! �'/%/!/ � �,. ,(�� �y iIl i � J `�•��� I I '� pi � �,, i , � � ,'r'/� ,,,, �a o / � I��I � , ��� //G�/�"'i"'9� r ,,;, ,, ,,,, ,,,/.. / I fair ��i6 /N y ? ,�i //Il��f`��� � LY � � ,, r /, � NI �w N Y � J I�t Yil' I il��� l 1 N fl�i yy r W �„ // a � �% / u '� it /p /� !� � r / / /,� �rr �� .� p t� '�� �� �y � �I �� �/ ;� I� i �1 N I� � I i �' ' � !p '�v�I�) NA � � a '� � / � • i,r r/. �Ir r r' � �i "� Y � i � , ' � /�' � � � ✓,,,, � to H r r%/O//�i l��iif/irlr r�/ / - � /prr�lv'//%��� l /i/'f/I„rliniUrJ�i ./ a,+ r /r/rti �i✓/r rOJ/if/a � f �.:I / � �irr `/�r, t , / /���,,, / ��/i/�� 1/ ,n�"=^'� iilr Iti✓'i rx�u/r • � � �V r i� � �n^mimmJ i „.�G ri mU/9 �., 1i rf�i,�%r / � i •• / / � �+� . � rill//�%/r 1 llp r� �� 4 f f/✓// /%/%� / 1 r/'+'n,M��N�l fH�/�I„whla yp 4d�E( r Po / v f�Y1Wl r // �/� S�f�� �/�//l�� �, I� /Ir�� I'/ / l� yp'� �� � � � 99 %�i !ir/ /� / � f %} 1r f / � �' W�l / k r i/��if��l%��/ /�/ � .4au�/ F /rm / 1//j1 r / � f YV j ri rY:✓ � ����J%/%/l/ii//„/,, / �w ,,,„ t I �/ l�� ,K// k N �/ J� ��N� � �� v /, �r. I/ / //y✓, w � /� V n, /� � f �i T 1 i�,�t i i �r �r., / ( v J / i�// J 1 / / �// n / r�///1 � � ,i��5ri r� r��// � i � r rf/ W x�ti j M p��/ �d lY/�i� i rl{I rr 68 t if/lr rr � �/o% f i v +,i!� �/// �1 I IV/, u. ;/ �,� �� Pr its '�%i / � A r/r�i7 /// i/ / r) /�1 l /uu ai°N p� � "�j ill/ l� �/rl�%' %�/ ���i�9/pi/�//mr �/� /'%G r� 'H1�ff �s;/� '� �i�l��r I��I � 1��� /� f ! / /% / i 11// %� / / f �/1M/ / �b"'mmi�.m.,r % r l�,r�� e r� r%�Jl � 7 p' - f/ / �/ fl r I ry r� � �" muam�.��m wm l � � r �� gV r/ �. � � / e //�r�/, . ,/ � � �R� / ��' a Y� N �' r r�r / d � t� as Y��, �/r r ku / !�� // / r'� rYi ri�: �/E r����t'. � qh'�j � �� ppy �l%� p? //r i� � � r/�rf/✓/�� / f �/�l r � �Y � � ^��Mr a GYP :1!' � rll / I�Y � `k � � ,�I � nr ? ���r f/� r �z� ��r d � '���.,. l /�l / /r'r,�4M � Iji w, � � � ,n�`I�I IY fu i u� / � �� �I�i i�rW�, i�!/Y � �Iif� '��p� ����i��. �p� �I l�Vtil�j� �Y�I�Y� W�1f Ili ��'L' �i � ' 7�. I �' ii����i�,��(7�i �I+��f� ��II, �9 °Y{ff���l��o�'��ipm iu�0���vi�9 / � + ✓ � 4r / � 1 d � M1^G/. � i� u � I���i lN, rr "�'�j 'rl(IarR / ��%N �,o� /�1���%1%//�Ji/f(r////%/r w //�/i, � � f� Pvi U f 7,i it ' l� I i � I rr,1�P�m„ � Jrh w � r r / w✓r+/ �r � "/ �i/� r I rd�!!!io// ,� nor � i 1 ' /i iPr'/r /' r�¢uwav Nr+.m?NR�" 1/ l f � j - � / ��rrv'� f r f / IV i � n� �%!L/,�f�� / ��, � � � ,rr, ry � H tf r,r r � / �� / %� /r / / �� r�� � fp�� m 1 //IJJPr1PC�!. y N�` �j'� ✓rc�ntn � l' w 1 t / �� � 6 '� � i I � � t 9 � � �r�'��t�'1�fi���1� % j� � �� �' a q^ rr, } f�J�1/ , �� J h a �� Vi�r ,U%r r �i� <',, �',�f III _. •. "Y'�� /� r` ��:.7 f ,yj/' i �i,� 6 � �f�/ �r KENT Agenda Item: Consent Calendar - 70 TO: City Council DATE: March 20, 2012 SUBJECT: Oracle Software Maintenance Agreement - Authorize MOTION: Authorize the Mayor to enter into a contract with ImageSource Inc., for 2012 annual software and maintenance, in an amount not to exceed $53,976.29. SUMMARY: The Information Technology Department needs to renew the annual support and maintenance agreement with ImageSource Inc., which provides primary support for the City's records and imaging system. The renewal cost for this year is $53,976.29 and must be approved by the City Council. EXHIBITS: Memorandum dated 3/20/12 RECOMMENDED BY: Operations Committee 3/20/12 BUDGET IMPACTS: No impact to the budget as the funding for the annual support and maintenance contract with ImageSource Inc. has been approved as part of the 2012 budget. INFORMATION TECHNOLOGY Curt Ryser, Systems Manager Phone: (253) 856-4642 1 Fax: (253) 856-4735 " Address: 220 Fourth Avenue S. WAR Hi.,oro. Kent, WA 98032-5895 DATE: March 20, 2012 TO: Kent City Council Operations Committee FROM: Curt Ryser, Systems Manager SUBJECT: Approve Purchase Order and Associated Documents for ImageSource Inc., Who Supports the City's Imaging and Records System. MOTION: Move to recommend City Council authorize the Mayor to enter into a contract with Image Source Inc., for the annual software and maintenance, in an amount not to exceed $53,976.29. SUMMARY: The Information Technology Department needs to renew the annual support and maintenance agreement with ImageSource Inc. who provides primary support for the city's records and imaging system. The renewal cost for this year is $53,976.29 and must be approved by the City Council. BUDGET IMPACT: No impact to the budget as the funding for the annual support and maintenance contract with ImageSource Inc. has been approved as part of the 2012 budget. BACKGROUND: While the 2012 budget does include the funding for these maintenance contracts, Information Technology is asking for approval of this support and maintenance renewal as the annual cost requires city council approval per city purchasing guidelines. ATTACHMENTS: ImageSource invoice and Support Services Agreement. 1 EmageSource, Inc 1 612 Fifth Avenue SW Olympia, WA 98501 Invoice Number: P30985 Invoice Date: Feb 7, 2012 Page: 1 Voice: 360-943-9273 Fax: 360-943-4449 <BiIITo: ' CITY OF KENT CITY OF KENT 2204TH AVENUE SOUTH 2204TH AVENUE SOUTH ATTN:JIM MCKENNEY ATTN:JIM MCKENNEY KENT,WA 98032-5895 KENT, WA. 98032-,5895 USA USA Customer ID ;CustomecPo Payment Terms Sales Rep 1363 F.O.B. ORIGIN Net 30 Days 2208 Quantity l Item Description Unit Price Amount COVE RAGE B ETWEEN 411112 TO 3131/13 60.00 BA-101 SOFTWARE ASSURANCE FOR ORACLE 401.00 24,060.00 IMAGE MANAGEMENT 1.00. BA-CL-121 SOFT-WARE ASSURANCE.FOR ORACLE' 5,047.00 5,047.00.'. IM & BPM PRODUCTION CLIENT SITE LICENSE L00 EBP-ERP-001 SW ORACLE ADAPTOR FOR ONE WORLD 6,180.00 6,180.00 SOFTWARE ASSURANCE 1.00 EBP-LOB-001 MAINT ORACLE LINE OF BUSINESS LINK "" 21884.00 2,884.00 SOFTWARE ASSURANCE 1.00 AFT-MOD-025 MAINT SOFTWARE ASSURANCE FOR ORACLE 1,031.00 1,031.00 FULLTEXT INDEX/OCR SERVER LICENSE,25K 1.00 AFT-OVF 1000-MS ORACLE FULL TEXT OVERFLOW 1MIL 577.00 577.00 SOFTWARE ASSURANCE — 5.00 AFT-CLIENT MAINT SOFTWARE ASSURANCE FOR ORACLE 22.66 113.30 FULLTEXT ENHANCEMENT LICENSE 2.00 .EC-ISIS-11-MS SOFTWARE ASSU RANACE ESCAN FOR 307.00 614.00,, ISIS CONCURRENT USERS LEVEL 11 (126-225 IPM) 6.00 EC-ISIS-11-MS S OFTWARE ASSU RANACE ESCAN FOR 307.00 1,842.00 ISIS CONCURRENT USERS LEVEL 11 (126-225 IPM) 3.00..EC-ID-1001-MS SOFTWARE.ASSURANCE.FOR.EC INDEX 437.00 1,311.00 2-4USERS 5.0. EC-ID-1002-MS SOFTWARE ASSURANCE. 437.00 2,185.00 Subtotal Continued, Sales Tax Continued TOTAL Continued` ImageSource, Inc _ 612 Fifth Avenue SW Invoice Number: P30985 Olympia, WA 98501 Invoice Date: Feb T 2012 Page: 2 Voice: 360-943-9273 Fax: 360-943-4449 'Bill To: L. CITY OF KENT CITY OF KENT 2204TH AVENUE SOUTH 2204TH AVENUE SOUTH ATTN:JIM MCKENNEY ATTN:JIM MCKENNEY KENT,WA 98032-5895 KENT,WA 98032-5895 USA USA CustomerlD Customer PO Payment Terms; Sales Rep 1363 F.O.B.ORIGIN Net30 Days 2208 Ctuantity, Item ; Descripkion 1. Unit Price Amount E C-I D-1002 1.00 EC-IS-1000-MS SOFTWARE ASSURANCE FOR 736.00 736.00 CAPTOVATION IMPORT SERVER 1.00 MR4800-0100 UPGRADE ASSURANCE FOR KOFAX 17910 179.10 CAPTURE VERSION 8.X 5K LICENSE - TEST SN: PB61541 1.00 ILINX RS-MS SOFTWARE ASSURANCE FOR ILINX 1,650.00 1,650.00 RELEASE SCRIPT 1.00 IS RAS REMOTE ACCESS SERVICE 968.00 968.00 i i— Subtotal 49,377,40 Sales Tax 4,598.89 TOTAL 58,976.29 I SSA Suppoil Services Agreement Annual Softwawe Assurance Professional Services and Maintenance Annual Hardware Maintenance a eSour e ADDENDUM/AMENDMENT TO IMAGESOURCE SUPPORT SERVICES AGREEMENT The following is part of the SUPPORTS ERVICES AGREEMENT dated April 1", 2012 between ImageSource, Inc. ("ImageSource") and City of Kent("Licensee"or"Custome ') IT IS AGREED BETWEEN IMAGESOURCE AND LICENSEE AS FOLLOWS: Page 6 :ESCALATION—Change in contact information i Tier 1 Jon Sutherland 360.239.1661 l jons@ imagesou rce n .com c — ---- ----------.._ _ — --- — Tier 2 Terry Sutherland 360.2393461 terrys@imagesourceinc.com ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. IMA� URCE, C. r City of Kent ey By ts; Its: Date: 4�(? , Date: Support Services Agreement Authorized Addendum ..W rr X09 Page 1 C ImageSource, Inc. - ,.Locati.ons- and Notifications This"Agreement" consists of this Support Services Agreement and all exMbits and other materials expressly referred to in this Support Services Agreement, Agreement Anniversary Date Start Date: Per individual Schedule in Exhibit A Agreement Date: April 1,2012 Licensee Physical Location City of Kent Attention: Jim McKenney 2220 0 Ave 50 Title: Sr. Systems Analyst Kent, WA 98032-5895 Phone: 253-856-4606 Licensee Billing Information -City of Kent Attention: Jim McKenney 2220 4"Ave S0 Title: Sr. Systems Analyst Kent,WA 98032-5895 Phone: 253-856-4606 Notices to ImageSource, Inc. ImageSource's address fornotices pursuant to the General Provisions of this Agreement is: ImageSource,Inc. Attention: Contracts Office 6125'h Avenue SW Title: ContractsAdmniistrator Olympia, WA 98501 Phone: (360)943-927.3 Fax: (360)943-4449 Submitting Support Requests ImageSource encourages its customer partners to submit support requests via our support web form. The ImageSource support web form is directly linked to ImageSource's internal ProSync support tracking systems. By using the support web form the Licensee can dramatically reduce the amount of time spent gathering fundamental information regarding the support request. In the event that the support request form is unavailable or otherwise cannot be accessed,Licensee may use, and ImageSource will respond to,any of the following methods to submit support requests. Support Web Form: rrcr inc�com+Srt;(itnhtct upporf'index hrm Support Email snznr :rg�il�raeesourceine cc�m Dial in Support Request: 360-943.9273 Support Services Agreement ,.o✓ioito Page 2 ©ImageSource,Inc, i. Annual Software Assurance ImageSource, Inc. ("ImageSource") will provide Software Assurance for the Solution subject to Licensee's payment of applicable Annual Software Assurance. Software Coverers Under This Agreement ImageSource shall provide Software Assurance only on the items set forth in Exhibit A — "Annual Software Assurance Coverage Software Assurance Services ImageSource shall provide the following services as part of Software Assurance: Software Assurance Services provides Customers with minor fixes,upgrades and updates(right-of-decimal) to licensed Software released during the maintenance period. Software Assurance is NOT an extension of the warranty period; rather it runs concurrently with any warranty- Software assurance does not provide major releases(left-of-decimal)except where provided by the manufacturer. All support services for the Customer current on this plan and made available to ImageSource directly by the "Licensors"which include but are not limited to:Oracle,Legato,Kofax, Captaris,Cardiff, EMC ImageSource, or Captovahon. ImageSource agrees to make these services available to Customer as the same are made available to ImageSource by Licensors. These support services,where available,will include: 1) Access to RSS feeds from support Blogs 2) Twitter feeds httltwl � cont�acrronsupinrrt 3) User Community resources made available through Linkedin Group htru l/ivww linked�r caml�erou home=�a�i r.(-�183i Ii A 4) Access to any ImageSource released utilities and patches available h_ttk-a/du�.trril�aad4 tlttix��.j7tnre.cantl[7.4er h7aiex.�sux 5) Secure Access to ImageSource ShareI'oint Support Portal 6) Additional services provided by ImageSource are provided only through the ProSAA4 Prograne as defined later in this section, - 2. Professional Services & Maintenance (ProSA ) Professional Services&Maintenance("ProSAA.i')is a program that allows Licensees to purchase support hours at a reduced rate for the support of their Software or Solution. ProS.AM services include the provision of information and assistance on techrdcal incidents related to the installation, administration and operation of the Licensee's Software or Solution,as well as assistance in determining why the product may not be performing in accordance with the documentation(hereinafter and "Incident").ImageSource will provide ProSAA3 services for the Software or Solution subject to Licensee's purchase of the number of hours indicated in Exhibit A — "Professional Services&Maintenance". Support Services Agreement V.ovmxo Page 3 O ImageSource, Inc. Professional Services- Generally During the period of time covered by the Agreement, ImageSource will make available on CD-ROAM, FTP Download or other machine-readable media any new Licensor minor update(right-of-decimal) releases that are. included in the Software Assurance Agreement. ImageSource will provide telephone,email and on-site support to maintain the Solution and other customization provided by ImageSource. Remote diagnostics,as specified in Exhibit A,may be provided as well. Reasonable working space at the Licensee's site will be provided to ImageSource as required, All time spent will be deducted from the relevant ProSAM balance account and are recorded in the ImageSource'ProS,ync Incident Tracking System, Except as otherwise provided for in the Agreement, Licensee will be billed in one-half(.5)hour increments for all ProSAM services. A minimum one-hour charge is billed for on-site support. All hours used will be tracked by the assigned,and/or onsite technician. If a problem occurs which significantly impacts Licensee's usage of the Licensed Program and remains unidentified or unresolved either by workaround or permanent correction after Licensee has taken the ImageSource prescribed action, ImageSource will dispatch a representative to the system location during regular Business Days and Hours,8:30am-5:00pm,Pacific Time,Monday through Friday,excluding ImageSource holidays which are listed on Exhibit B,lmageSource Holiday Schedule.The representative will arrive in one business day or less for all supportedlocations within a 100 mile radius of any local ImageSource office location. ImageSource will provide or make available: 1) Advice and assistance in diagnosis and identification of errors or malfunctions in the Licensed Program. 2) On-site consultation on correction or detour of identified errors or malfunctions. 3) Advice and assistance on completion of form to report errors or malfunctions to ImageSource as specified in the reporting procedure. The Licensee will bear the full responsibility for backing up its databases and/or data files according to industry standard practices. The Licensee will not hold ImageSource, its agents,successors or assigns liable in any way for consequences resulting from lost data caused by the unavailability of appropriate back-up data. The support provided under this program does not include(ruiless specifically stated in the written agreement) duties normally associated with on-going LAN Admuustrator tasks, recovery of databases and/or data files that were not properly backed up,and normal data base administration tasks(reorganizing data base,running backups,restoring data bases,reviewing logs,updating statistics,capacity planning,etc.). Determining Severity and Response Commitments. When reporting an Incident, the Licensee will make the initial deternunation of priority and include it in the request.ImageSource's initial response to an incident will be based on the Customer's assessment of priority. After the initial response,any changes to the incident priority will be determined by ImageSource's support staff.Below are the guidelines used to establish severity and ImageSource's response commitments: Support Services Agreement �.ovrcvra Page 4 w)ImageSource, Inc. . _ M An incident is classified a5 'An incident is classified as A Severity 3 Incident is A Severity 4Incident'.is Severity 1 if the problem Severity 2Incident where defined as an Incident that one that has low to affects production and the Incident affects has low impact. Customer minimal impact. Thus I demands immediate production systems and or IT service has not been '�,involves system attention. Normal service demands immediate I affected. Business risk is enhancements,upgrades has been disrupted. 'attention. Customer or IT 'low. Customer receives a .and minor problems not Business risk is high. service has been affected. status report within 24 1 impacting production. Customer receives a status Business risk is moderate hours. Problem should be Resolution is deferred and report within the first to low. Customer receives resolved within five is to be addressed when hour. Problem should be a status report within four working days. If Licensor time allows. If Licensor resolved within four !hours. Incident should be escalation is required for escalation is required for hours. If Licensor resolved within two days. (resolution, the time to resolution, the time to escalation=is required for If Licensor escalation is kresolve lies with the resolve hes with the resolution, the time to required for resolution, the Licensor. Licensor. resolve lies with the time to resolve lies with i Licensor. Customer the Licensor. Customer receives a status report receives a status report every four business hours. 'every four business hours. ImageSource will make commercially reasonable efforts to respond to support requests within the timeframes outlined above, provide periodic status updates to the Customer,and resolve incidents to the satisfaction of the Customer.ImageSouree'sinability to meet the response times set forth above due to Customers availability (e.g„phone busy,no answer,out of the office,etc.)does not constitute a failure to comply with these Support Policies. For incidents that ImageSource(working with input from Customer)determines to be Licensor Product Errors, ImageSource will assign an error priority level. Error priority levels are classified on similar criteria used to classify incidents, the difference being that product errors have been determined to reside in the Licensor Software.ImageSource will use commercially reasonable efforts to provide the following solutions: ImageSource will work in earnest Support management will review Will be assessed for possible with the Licensor to provide an the error to determine whether it inclusion in normal product release adequate workaround or patch to will be fixed in a patch release or in !cycles correct the problem. a scheduled new version release of j the licensor software. Support ServicesPage 5 Agreement vov+ono 9 ©ImageSource, lac. Professional Services- Hours of Coverage Except as otherwise provided herein, ImageSource shall provide the maintenance between the hours of 8:30am- 5:00.pm,Pacific Time,Monday through Friday, excluding ImageSource holidays as indicated bn Exhibit B. All work performed outside the outlined support hours,will be billed at ImageSource most current overtime rate (not to exceed 150%of the then-current standard rate), one (1)hour minimum. Software Maintenance — Appointment of Contact and Access .Methods In order to rationalize the process of providing support to customers and to protect the integrity of confidential information belonging to our customers and to ImageSource, Customer must designate support services contact(s) ("Support Services Contact")who will be the onlypersons authorized to contactlrnageSource with Support Services requests. Support Methods Remote Diagnostics-ImageSource utilizes Webex©to enable remotediagnostic,and support. ImageSource executes on-tune diagnostics,from a remote ImageSource location to assist in the identification and isolation of suspected Software or Solution errors or malfunctions. In the event Licensor requires the use of another remote diagnostic tool or service the Customer must provide access to the required tool at no cost to ImageSource. Any Security configurations)needed to achieve remote connectivity.and/or access to Licensor's computer network will be used only for the purposes of diagnosing"error"or malfunction as described in section "General Provisions". Email Support-Licensee may request support services via email. Telephone Support-In the event.Licensee internet connectivity cannot be established IrnageSaurce will . provide felephonesupport to maintain the Solution and other customization pursuant to this Agreement. For the highest level of service,we recommend Customers submit incidents through the Web-based form. Irn the event email or telephone contact is used to initiate a support incident the mitial ImageSource contact will fill out the Web-based support form prior to initial triage. The time associated with this task will be billed in one- half(.5) hour increments. Escalation Lf for any reason the Customer is dissatisfied with the progress of an incident, or feels that lmageSource has not responded in.a timely manner.according to the severity of its case,the Customer may escalate its concerns to and through ImageSource's management structure. It is important to note that escalation does not necessarily mean the transferal of ownership, but is simply a way to help in prioritizing incidents that are currently being worked on. s ON Tier l Jon Sutherland _ 0.23 369.,1661. jons@imagesourceinc.com �-- -- — - - --0... ...__ "Pier 2 Shad White 1 360.239,2142 shad waimagesourceinc.com Tier Terry Sutherland 360.239,3461 terrys(wimagesourceinc-com Support Services Agreement rnaaonn Page 6 ©ImageSource, Inc. Other Professional Services A vaiiabie Under ProSA The Licensee may request, that Pro SAP'hours be utilized for any of the following services,and ImageSource will work with customer to schedule the requested services: Consulta Hon Reinstalla Hon Training Customization &Reconfiguration Design Analysis Project Management Minor Projects Solution Enhancements Upgrade Installation Update Installation WEB Development Documentation ImageSource reserves the right to add to or delete any or all of the above professional services without further notice to Licensee. ImageSource reserves the right to provide fixed-bid quotations for services requested. Error and Malfunction Service ImageSource will use commercially reasonable measures to either: 1) Provide Licensee with workaround or code correction to the program error or malfunctions. Each workaround or code correction will be made available in the form of either a written correction notice or machine-readable media and will be accompanied by a level of documentation adequate to inform Licensee of the problem resolved and any significant operational differences resulting from the correction which is known by ImageSource;or 2) Provide Licensee with a written response describing ImageSource' then existing diagnosis of the error or malfunction and generally outlining ImageSource'then existing plan and timetable for correcting or working around the error or malfunction. TraVel Expense On site support that may be required,or other on-site work performed by ImageSource employees for any Licensee located outside of the east and south Puget Sound area from Marysville to Olympia in the State of Washington,may be impacted by travel and/or living expenses incurred by ImageSource. Such actual expenses will be billed,as they are incurred,outside the scope of this Agreement. Automobile and air travel time will be deducted from the PioSiAAI program at 50%of the normal rate. Documentation /Software Media flpdates Upon request of Licensee ImageSource shall provide one machine readable copy of any revised or additional documentation describing the Licensed Program,which ImageSource makes generally available to other entities receiving Software Assurance from ImageSource. Support Services Agreement Page 7 C ImageSource,Inc. . Annual Hardware Maintenance lmageSource,.in consideration ofthe annual maintenance charge provided for herein,agrees to provide Hardware Maintenance only to those items as set forth in Exhibit A "Annual Hardware Maintenance Coverage Service flours and Response Tierces Except as ptherwise,provided herein,ImageSource shall,provide,support between the.hours of 8:30am-5:00p i Pacific Time,Monday through Friday,excluding hnageSource holidays as indicated in Exhibit B. All work performed outside the outlined support hours,will be billed at ImageSource most current overtime rate(not to exceed 150%of the then-current standard rate), one (1)hour minimum. What is Covered Hardware maintenance is defined to mean the physical repair of computers and related hardware covered under this agreement.ImageSource will provide qualified representatives or authorized service providers to maintain your hardware equipment. Coverage includes all travel time, mileage,labor,and parts. What is Not Covered The services provided under this Agreement do not include furnishing or replacement of consumables. ImageSource will install supply items without charge if ImageSource's Service Representative is present for regular service reasons, A regular service charge will be made if a special call is requested only for the purpose of installing supply items, Lamps,glass,print kits,paper, toner,starter toner,fuseroil, fuser rollers,imaging units(afteawarranty), optical disk media,clearing kits and drums are considered expendable supply items. The services provided under this Agreement do not include service, repairs, or parts necessary because of accident,misuse, abuse,neglect, theft, vandalism,electrical power failure,alteration, fire,water,or other casualty,acts, or omissions in performance or repairs or service by non-ImageSource personnel,malfunction of parts or attachments not supplied by ImageSource,or use of supplies or spare parts not meeting ImageSource' specification. Parts required to make a repair will also be charged to include their handling,slopping and - replacement cost. The services provided under this Agreement do not include the restoration of lost or damaged data or data files in any manner. . The services provided under this Agreement do not include periodic or automatic preventative.maintenance to clean or adjust any hardware item. Operators will be trained to perform such tasks,as required,at the time the hardware is installed, or may request such instruction when the technician is present or by use of the PioSAM program for professional services. Coverage Eligibility Prior to placing equipment under this agreement, it will be certified by diagnostic testing, physical inspection and/or inventory to ensure that it is in proper working order and can be supported under this Agreement. The equipment must be in good working condition on the commencement date of this Agreement. ImageSource's Support Services Agreement eoytoao Page 8..,. eu ImageSource, Inc. charges for parts include their handling and shipping costs,and labor tequired to place the equipment in such condition, will be invoiced to the Licensee at ImageSource's then-current rates. This Agreement shall becomeeffective on the date of equipment installation or,if the equipment is already in place from a prior implementation; on the date of this Agreement. R0/0C-7tjo s Service Relocation Services are not covered under Section 3 of this Agreement. However, ProSAM services may be utilized for this purpose and the time utilized for the relocation service.will..bedeductod,from the ProSAM account. Upon receipt of at least thirty(30)days prior written notice,ImageSource will perform reinstallation service for equipment to be relocated by Licensee. In this case,all Travel Time to and from the fmageSource facility in Olympia will also be deducted at 50%of the regular rate under FroaAM. In addition,any expenses or materials used by ImageSource in providing the reinstallation Will be billed to the licensee. All zone and extended maintenance uplifts,will apply during relocation. Standards ImageSource will maintain the equipment or have the equipment maintained so that the equipment conforms to its published specifications and is in good working order. ImageSource and the Licensee agree that equipment may not be available during periods where it requires maintenance: It is the responsibility of the Licensee to ensure that all of its files are adequately duplicated and documented and that the licensee conforms to the terms and conditions of all software and equipment manufacturer- licensing provisions as applicable. ImageSource will not be responsible for Licensee's failure to comply with the terms and conditions of all software and equipment manufacturer-licensing provisions. ImageSource reserves the right to replace any part with new or refurbished parts of equivalent functional specification. Limitations of Liability EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCOUNDUCT IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY; ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR PROGRAM OR SOLUTION PROVIDED PURSUANT TO THIS AGREEMENT,WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS. IMAGESOURCE EXTENDS NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, ON PARTS,S.UPPLIED,OR_SERVICES PERFORMED UNDER THIS AGREEMENT, INCLUDING, BUT.NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF ANY COMPONENT, MODULE OR EQUIPMENT FOR A PARTICULAR PURPOSE. Support Services Agreement Page 9 a ImageSource, Inc. ' General Provisions Definitions (a) "Software Assurance shall mean the level of confidence that software is free from vulnerabilities,either intentionally designed into the software or accidentally inserted at anytime during its lifecycle, and that the software functions in the intended manner." (b) "Annual Maintenance Fee"shall be as set forth in Exhibit A (c) "Documentation"shall mean the manual(s)relating to the use of the SOLUTION delivered by ImageSource (d) "Error"means an error/malfunction bug in the Solution which degrades the Solution or the customer's use of the Solution. (e) "Correction" means the use of reasonable commercial efforts. (f) "Licensor Product Errors" Shall mean the failure of Licensor Software to conform in a material respect to the Licensor Product Documentation. (g) "Solution" means die software and/or hardware provided by, or supported by ImageSource and specifically listed in Exhibit A (h) "Workaround" means a change in the procedures followed or data supplied by Customer to avoid an Error without substantially impairing Customers use of the Solution. (i) "Customer"or"Licensee"means the entity or person identified as the Customer in Exhibit A. (j) "Software"is apro-ram or programs that enables a couni,,t�„l ter to perform a specific task,including udp y i Lion software which enables a user to perform a task,and}}st, rit software,,which enables other software to run properly,by interfacing with hardware and with other software (k) "Licensor' means the manufacturer of the Software. (1) "Incident" means Software or Solution is not performing in accordance with the documentation, (m) "Licensed Program"Software licenses covered under the terms&conditions of the licensor. (n) "Third Party Licensor"Software that is developed by a third party. Automatic Renewal This Agreement shall renew automatically on the Anniversary Date indicated on Page 2. ImageSource will bill the Licensee for a one-year renewal of all programs indicated in this Agreement. Rates at renewal time for Professional Services, year Assurance, and Hardware Maintenance may be adjusted in accordance with publisher and manufacturer adjustment percentage in the same rates due to any determining factor in the publisher or manufacturer calculation methodology. if the Licensee desires to cancel any portion of this Agreement upon the next Anniversary Date,a notification to ImageSource at the address stipulated on Page 2 must be mailed to ImageSource 60 days prior to the Anniversary Date. If desired by the Licensee,ImageSource will meet with the Licensee at any time prior to this to discuss the renewal Support Services Agreement v.ovroiro Page 10 (�)ImageSource,Inc. Third Parties ImageSource,Inc,does not warranty work done by unauthorized Nord party vendors or contractors. JmageSource will not be held responsible for any malfunction or error resulting from third party services. To the event that Licensee engages a third party-to perform•maLntenanae,upgrades and/or perfonms•services of any kind on items listed in Exhibit A the terms and conditions set forth in this agreement will be considered null and void. TmageSource will not be responsible to refund any monies paid for services listed in Exhibit A. Cancellation During Term This,Agaeement may-be,camcelledupon,60 days writtennotice. All monies paid shall be retained by ImageSource and shall not be refunded to Licensee. Use of Licensee Solution and Computer When ImageSource performs services pursuant to this Agreement which require file use of the Licensee's computer system(s),the Licensee agrees to make it available at reasonable times and in reasonable time increments,and in no event will the Licensee charge ImageSource for such system use. If the Licensee wants.to,add.new-software.to,the.workstations,ocServers,.the:Lirensee should contact ImageSource to be advised if the new software will affect the performance of the system. Failure to do so could result in billable support to the Licensee if service is required. Licensee agrees to furnish ImageSource access to the software modules when performing service,subject to Licensee's reasonable industrial security and safety rules. Licensee must provide the necessary data communications equipmentand-operating software at-Its-location to support remote problem diagnosis and maintenance. Licensee•Responsibilities Licensee agrees to furnish ImageSource reasonable access-to the supported Equipment when perforating service subject to Licensee's reasonable industrial security and safety rules. If applicable, Licensee shall provide the necessary data communications equipment and operating software at its location to support remote problem diagnosis and maintenance. Upon installation of any Software or Hardware upgrades,Licensee agrees to follow reasonable release installation instructions,review system operations after installation,and report any - problem detected as soon as possible. Reasonable storage and/or workspace at the Licensee's site will be provided to ImageSource as required.Licensee acknowledges it has reviewed and accepts the software license agreement(s) (including those of Third Party Licensors) for all products listed in Exhibit A which has been - provided to Licensee in electronic form. Licensee agrees it shall be solely responsible for the compliant use of the products listed in Exhibit A according to those software license(s)agreement(s)terms and conditions. Severability and Waiver If any term or provision of this Agreement shall be found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable,the same shall not affect the other terms or provisions hereof or the whole of this Agreement,but such terms or provisions shall be deemed modified to the extent necessary in the court's opinion to render such terms or provisions enforceable,and the rights and obligations of the parties shall be Support Services Agreement +•.ovimao Page I I ©ImageSource,Inc. ',, construed and enforced accord ingly, preserving to the fullest permissible extent the intent and agreements or the parties herein set forth. Either party's failure to exercise a right available to it by reason of the other party's breach shall be taken as an isolated instance and shall not be deemed to be a permanent waiver of such right. liPotice All notices, requests and other communications permitted or required under this Agreement must be in writing, and shall be delivered as follows with notice deemed given as indica led: (i)by personal delivery upon such personal delivery:(ti)if by nationally recognized courier or mail,service with real-time or near-seal-time tracking, when the courier ormail service's tracking system indicates that the notice was delivered to the recipient's premises. All notices for both parties shall be sent to the addresses set forth on Page 2 of this Agreement. Nexus Annual Conference Nexus is an Annual Technology Conference conducted by LnageSource. As a Customer Partner we encourage attendance and participation, During this annual event customers gain insight unto complimentary technologies. We incorporate attendance from product manufacturers, customer peers and industry experts so that valuable technical information and networking opportunities are provided. ImageSource offers a reduced Conference Fee and group hotel rates for customers who elect to have Nexus added to Exhibit A, Force Mafeure Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes,riots,insurrections, fires,floods, storms,explosions,earthquakes,acts of God, war, governmental action,or any other similar cause, which is beyond,the reasonable control of such party If any force majeure event occurs, the party delayed or unable to perform shall give immediate notice to the other Pam'. Governing La w This Agreement will be governed and construed in accordance with the laws of the State of Washington as applied to transactions taking place wholly within Washington. The courts of the State of Washington located in the County of Thurston and the United States District Court for the State of Washington shall have exclusive jurisdiction of any legal proceeding regarding this Agreement, and the parties expressly submit to the jurisdiction of said courts. No Assignment This Agreement shall be binding upon the parties' respective successors and permitted assigns. Neither party may assign this Agreement,or any of its rights and obligations, without the written consent of the other party, which is not to be unreasonably withheld. Any internal corporate reorganization by Licensee that does not involve any entity other than Licensee which results in a change of name or form of legal organization of Licensee('Reorganization")shall not be considered an assignment hereunder, and Licensee may engage in such Support Services Agreement vovtoiro Page 12 O lmageSource, Inc. e Reorganization without the consent of ImageSource and without affecting its rights and obligations under this Agreement. Licensee acknowledges and agrees that any reorganization of ImageSource that results in a change of name or ownership shall not be considered an assignment for purposes of-this,Agreement, in the.event,of.the occurrence of such an event,'the Licensee shall receive Services of a quality no less than Licensee received prior to the change of name or ownership. Entire Agreement This Agreement, and its appendices;set forth the entire understanding.,between the.pasties,hereto and supersede all prior agreements, arrangements,and communications,whether oral or written,with respect to the subject matter hereof. No other agreements, whether oral or written,shall be deemed to bind the parties hereto with respect to the subject matter hereof. This Agreement may not be modified or amended except by the mutual written agreement of the parties. However, Exhibit A may be changed to reflect additional product coverage as the Licensee may add to the Solution or implemented additional Solutions. Exhibit 13 will change annually as ImageSource 11cEdays and relevant dates change every year. Countersignature This Agreement is void if not countersigned and returned by ImageSource to Licensee within five(.5)business days after.Licensee,hassigned and,delivered,it to,LmageSource, Schedules issued subsequent to this Agreement (and its initial Schedule(s))will be void if not countersigned within five(5)business days after Licensee has signed and delivered it to.ImageSource. - Support Services Agreement Page 1a O ImageSource,Inc. Authorization IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate counterparts,each of which shall be deemed an or ginal but both of.which together shall.constitute but one instrument q source city of Kent Authorized 'gnature Authorized Signature Print Name Print Name (� Title Title Date Date Support Services Agreement ov+ono Page 14 ©ImageSource, Inc. EXHIBIT A City of Kent Software Assuratice COVvarage -Coverage between 4/1/12 to 3/31/13 _ a. - Oracle 60 CC-101 Image Management License $401.00 $24.060.00 Oracle 1 CL-121 Client Site License $5,047.00 $5.047.00 Oracle i EBR-ERP-001 Adapter for JOE One World $6,180,00 56,180.00 SW Oracle 1 EBP-LOB-001 Line of Business Link $2.884.00 $2.884.00 Oracle 1 AFT-MOD-025 Full Text Module 25KPPM $1,031.00 $1,03 t00 r_ i Oracle 1 AFT-OVF-000 Full Text Overflow 1 Mil PPC 5577.O0 I $577.00 Orecle 5 AFT-CLIENT Full Text Concurrent Client $22.66 $113.30 OraclelCaptovatlon 2 EC-ISIS-1 I Scan for ISIS Level 1, $307.00. 1 $614.00 Oracle/Caplovation 6 EC-ST-0011 Scan for Adrenaline Levell $307.00 $1,842.00 OraclelCaplovation 3 EC-ID-1001 index $437,00 - 51,311.e0 OraclelCaplovaten 5 EC-ID-1002 Index $437.00 $2,185.00 OraclelCaptovation 1 EC-IS-1000 Import Server 5736.00 $736.00 I Capture 5K—Test System V9 Kofax 1 AE#VMC1-005K $179.10 $179.10 P561541 Release Script for Kofax Capture to Oracle $1,650.00 i $1,650.00 IS 1 I, ILINX RS-V7.x V920 Total for Annual Software Support 548,409,40 Support Services Agreement vo-VIM0 Page 15 0 ImageSeurce,Inc. Professional Services )nd P-roSANI —Hours do not expire until used ProSAM 10 Professional Support Hours $T95.00 NA Total for Annual Software Professional Support Not Applicable Remote Diagnostic Service —Coverage between 4/1112 to 3/31/13 � • a . r IS.RAS Remote Access Service $968.00 Total for Annual Software Professional Support $968.00 Nexus Annual Conference —2013 Dates To be confirmed w a S.NEXUS 1 1 Attendee& 1 Night Hotel Accommodation $495.00 Not Applicable Total for Annual Software Professional Support JNot Applicable Hardware Maintenance Coverage —Coverage between 4/1/12 to 3/31/13 Not I I i Applicable Total for Annual Hardware Maintenance Declined This Support Services Agreement will auto renew yearly. Support Services Agreement V.ov,aeo Page 16 ©ImageSource, Inc. EXHIBIT _-v NewYears Da ------------------------------------------------------------------------------ PresidentsDa -------------------------------------------------------------------------- GoodFriday ----------------------------------------------------------------------- MemorialDa -------------------------------------------------------------------------------- Inde endence Da ---------------------------------------------------------------------- LaborDa ----------------------------------------------------------------------------------- Thanksivin Da ------------------------------------------------------------------- Da After Thanksgiving ------------------------------------------------------------------ ChristmasEve-•---------------------------------------------------------------------------------------- Christmas Da -------------------------------------------------------------------- i Support Services Agreement vovrwio Page 17 @ ImageSource,lno. KENT Agenda Item: Consent Calendar - 7P TO: City Council DATE: March 20, 2012 SUBJECT: Department of Natural Resources Grant Agreement for Street Tree Inventory - Accept MOTION: Accept the $9,900 reimbursable grant from the Washington Department of Natural Resources Community Forestry Assistance Program, amend the street tree budget, and authorize the expenditure of funds in accordance with the grant terms, subject to approval of the grant terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Staff submitted a Community Forestry Assistance Grant request to the Washington Department of Natural Resources (DNR) for $9,900 for a GIS-based street tree inventory. Specifically, the funding will be used to hire consultants to gather solid baseline data on the City's living assets in the downtown commercial area, to include location, unique tree number, species, height, diameter, condition, specific site issues, and pruning or other maintenance schedules. The grant contract runs through May 31, 2013. EXHIBITS: DNR Grant Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Increase the Street Tree budget by $9,900 a a PAP WASHINGTON STATE DEPARTMENTOF Natural Resources PETER SOLDtdARK. =amm1e nier,f Publk Own INTERAGENCY AGREEMENT WITH THE City of Kent Parks. Recreation & Community Services Agreement No. IAA 12-228/K244-10-DG-010 USDA Forest Service CFDA Number 10.664 This Agreement is between the City of Kent Parks,Recreation& Community Services and the Washington State Department of Natural Resources, Resource Protection Division,referred to as DNR. DNR falls under authority of RCW Chapter 43.30 of Washington State, Department of Natural Resources. DNR and the City of Kent Parks, Recreation & Community Services herein after referred to as the Grantee, enter into this agreement under Chapter 39.34, Inter-local Cooperation Act. The purpose of this Agreement is to create detailed maps, and spread sheets after inventorying close to 2000 trees. IT IS MUTUALLY AGREED THAT: 1.01 Statement of Work. The Grantee shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to performing work set forth in the Attachment"A". 1.02 The Grantee shall produce a mid-report by October 31 st, 2012, and a final report upon project completion summarizing work performed and evaluating the performance and results of this agreement. 2.01 Period of Performance.The period of perfonmance of this Agreement shall begin upon final execution by both parties, and end on May 31 st, 2013,unless terminated sooner as provided herein. 3.01 Payment.Payment for the work provided is established under RCW 39.34.130. Payment will not exceed nine thousand nine hundred dollars ($9900). Payment for satisfactory performance of work shall not exceed this amount unless the parties mutually agree to a higher amount before beginning any work that could cause the maximum payment to be exceeded. Payment for services shall be based on the rates and terms described in Attachment"B". 1 of 7 Agreement No.1AA 12-228/K244-10-DG-010 4.01 Billing Procedures. The Grantee shall submit invoices no more than 4 times during the period of performance stated in section 2.01. Payment to the Grantee for approved and completed work will be made by warrant or account transfer within 30 days of receiving the invoice. When the contract expires, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year,whichever is earlier. 5.01 Records Maintenance. The Grantee shall maintain books, records, documents and other evidence, to sufficiently document all direct and indirect costs incurred by the City of Kent Parks, Recreation& Community Services in providing the services. These records shall be available for inspection,review, or audit by personnel of the DNR, other personnel authorized by the DNR,the Office of the State Auditor, and federal officials as authorized by law. The Grantee shall keep all books,records, documents, and other material relevant to this Agreement for six years after agreement expiration.The Office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access to and the right to examine any of these materials during this period. Records and other documents in any medium furnished by one party to this agreement to the other party will remain the property of the furnishing party,unless otherwise agreed. The receiving party will not disclose this material to any third parties without first notifying the furnishing party and giving it a reasonable opportunity to respond. Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be "Works Made for Hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the DNR and the Grantee. Data shall include,but not be limited to,reports, documents, pamphlets, advertisements,books, magazines, surveys, studies, computer programs, films,tapes, and/or sound reproductions. Ownership includes the right to use, copyright, patent, register and the ability to transfer these rights. 7.01 Independent Capacity.The employees or agents of each party who are engaged in performing this agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 8.01 Amendments.This Agreement maybe amended by mutual agreement of the parties. Amendments shall be in writing and signed by personnel authorized to bind each of the parties. 9.01 Termination. Either party may terminate this Agreement by giving the other party 30 days prior written notice. If this Agreement is tenninated, the terminating party shall be liable to pay only for those services provided or costs incurred prior to the termination date according to the terms of this Agreement. 10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of the terms and conditions, the aggrieved party will give the other party written notice of the failure or violation. The aggrieved party will give the other party 15 working days to correct the violation or failure. If the failure or violation is not corrected within 15 days, the aggrieved party may immediately terminate this Agreement by notifying the other party in writing. 2 of 7 Agreement No. IAA 12-228/K244-10-DG-010 i I 11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each party to this agreement shall appoint a member to the dispute board. These board members shall jointly i appoint an additional member to the dispute board. The dispute board shall evaluate the facts, contract terms, applicable statutes and rules, then determine a resolution. The dispute board's determination shall be final and binding on the parties. As an alternative to the dispute board, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330. In this case,the Governor's process will control the dispute resolution. 12.01 Governance.This contract is entered into the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (1) Applicable State and federal statutes and rules(See Minimum Federal Requirements- Attachment C); (2) Statement of Work; and (3) Any other provisions of the agreement, including materials incorporated by reference. 13.01 Assignment. The work to be provided under this Agreement and any claim arising from this agreement cannot be assigned or delegated in whole or in part by either party, without the express prior written consent of the other party.Neither party shall unreasonably withhold consent. 14.01. Waiver. A party that fails to exercise its rights under this agreement is not precluded from subsequently exercising its rights. A party's rights may only be waived through a written amendment to this agreement. 15.01 Severability. The provisions of this agreement are severable. If any provision of this Agreement or any provision of any document incorporated by reference should be held invalid, the other provisions of this Agreement without the invalid provision remain valid. 16.01 Insurances. The Grantee and DNR are part of the State of Washington and are protected by the State's self-insurance liability program as provided by Chapter 4.92 RCW. These agencies have entered into this agreement to provide/perform the GIS Based Street Tree Inventory described therein. This agreement will terminate on the date listed in the period of performance. The agencies agree to share responsibility equally for losses that arise out of this agreement. (1) General Insurance Requirements At all times during the term of this agreement, the Grantee shall, at its cost and expense,buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in the termination of the agreement at DNR's option. 3 of 7 Agreement No.IAA 12-228/2010-DG-11062764-010 I admitted to do business in the State of Washington All insurance shall be Issued by companiesi and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by DNR. Any exception must be reviewed and approved by the DNR Risk Manager or in the absence of,the Contracts Specialist at FMD,before the contract is accepted. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. I Before starting work, Grantee shall furnish DNR,with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in the bid/proposal, if applicable, and Agreement. Said certificate(s) shall contain the Contract number IAA 12-228/2010-DG-11062764-010, name of DNR Project Manager, a description, and include the State of Washington,DNR,its elected and appointed officials, agents, and employees as additional insured on all general liability, excess,umbrella and property insurance policies. Grantee shall include all subgrantees as insureds under all required insurance policies, or shall furnish separate certificates of insurance and endorsements for each subgrantee. Subgrantee(s) must comply fully with all insurance requirements stated herein. Failure of subgrantee(s) to comply with insurance requirements does not limit Grantee's liability or responsibility. All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by DNR. Grantee waives all rights against DNR for recovery of damages to the extent these damages are covered by general liability or umbrella insurance maintained pursuant to this Agreement. DNR shall be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications. (1) Insurers subject to Chapter 48.18 RCW (Admitted and Regulated by the Insurance Commissioner): The insurer shall give DNR 45 days advance notice of cancellation or non-renewal. If cancellation is due to nonpayment of premium, DNR shall be given 10 days advance notice of cancellation. (2) Insurers subject to Chapter 48.15 RCW(Surplus lines): DNR shall be given 20 days advance notice of cancellation. If cancellation is due to nonpayment of premium, DNR shall be given 10 days advance notice of cancellation. In lieu of the coverages required under this section, DNR at its sole discretion may accept evidence of self-insurance by the Grantee,provided Grantee provides the following: Grantee shall provide a statement by a CPA or actuary, satisfactory to DNR that demonstrates Grantee's financial condition is satisfactory to self-insure any of the required insurance coverages. DNR may require Grantee to provide the above from time to time to ensure Grantee's continuing ability to self-insure. If at any time the Grantee does not satisfy the self- insurance requirement, Grantee shall immediately purchase insurance as set forth under 4 of 7 Agreement No.IAA 12-228/2010-DG-11062764-010 this section. By requiring insurance herein, DNR does not represent that coverage and limits will be adequate to protect.Grantee and such coverage and limits shall not limit Grantee's liability under the indemnities and reimbursements granted to DNR in this contract. The limits of insurance, which may be increased by DNR, as deemed necessary, shall not be less than as follows: (1) Commercial General Liability(CGL) Insurance: Grantee shall maintain general liability(CGL) insurance, and, if deemed necessary as determined by DNR, commercial umbrella insurance with a limit of not less than $1,000,000 per each occurrence and$2,000,000 for a general aggregate limit. The products-completed operations aggregate limit shall be $2,000,000. CGL insurance shall be written on ISO occurrence form CG 00 01 (or substitute form providing equivalent coverage). All insurance shall cover liability arising out of premises, operations, independent Grantees, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract(including the tort liability of another assumed in a business contract), and contain separation of insureds (cross liability) conditions. (2) Employers Liability(Stop Gap) Insurance: If Grantee shall use employees to perform this contract, Grantee shall buy employers liability insurance, and, if deemed necessary as determined by DNR, commercial umbrella liability insurance with limits not less than$1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. i (3) Business Auto Policy(BAP) Insurance: Grantee shall maintain business auto liability and, if deemed necessary as determined by DNR, commercial umbrella liability insurance with a limit not less than $1,000,000 per accident. Such insurance shall cover liability arising out of"any Auto." Business auto coverage shall be written on ISO fonn CA 00 01, or substitute liability form providing equivalent coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage and cover a"covered pollution cost or expense" as provided in the 1990 or later editions of CA 00 01. Grantee waives all rights against DNR for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. (4) Workers' Compensation Insurance: Grantee shall comply with all State of Washington workers' compensation statutes and regulations. Workers' compensation coverage shall be provided for all employees of Grantee and employees of any subgrantee or sub-subgrantee. Coverage shall include bodily injury(including death)by accident or disease, which arises out of or in connection with the performance of this contract. Except as prohibited by law, 5 of 7 Agreement No.IAA 12-228/2010-DG-11062764-010 Grantee waives all rights of subrogation against DNR for recovery of damages to the extent they are covered by workers' compensation, employer's liability, commercial general liability or commercial umbrella liability insurance. Grantee shall indemnify DNR for all claims arising out of Grantee's,its subgrantee's, or sub-subgrantee's failure to comply with any State of Washington workers' compensation laws where DNR incurs fines or is required by law to provide benefits to or obtain coverage for such employees. Indemnity shall include all fines,payment of benefits to Grantee or subgrantee employees, or their heirs or legal representatives, and the cost of effecting coverage on behalf of such employees. Any amount owed to DNR by Grantee pursuant to the indemnity may be deducted from any payments owed by DNR to Grantee for performance of this Contract. (5) To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless DNR, its officials, agents and employees, from and against all claims arising out of or resulting from the performance of the Agreement. "Claim" as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agents, employees,representatives, or any subgrantee or its employees. Grantee expressly agrees to indemnify, defend, and hold harmless DNR for any claim arising out of or incident to Grantee's or any subgrantee's performances or failure to perform the Agreement. Grantee's obligation to indemnify, defend, and hold harmless DNR shall not be eliminated or reduced by any actual or alleged concurrent negligence of DNR or its agents, agencies, employees and officials. Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless DNR and its agencies, officials, agents or employees. 17.01 Complete Agreement in Writing.This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. 18.01 Contract Management, The Project Coordinator for each of the parties shall be the contact person for this agreement. All communications and billings will be sent to the project coordinator. i I i 6 of 7 AgreememNo.IAA 12-228/2010-DG-11062764-010 19.01 Project Coordinators. (1) The Project Coordinator for the Grantee is Victoria L Andrews. Telephone Number 253-856-5113. (2) The Project Manager for DNR is Sarah Foster. Telephone Number 360-902-1704. IN WITNESS WHEREOF,the parties have executed this Agreement. Grantee Dated: 120 By: Title: Address: Phone: STATE OF WASHINGTON II DEPARTMENT OF NATURAL RESOURCES Dated: 20_ By: Joseph P. Shramek Title: Division Manager Address: 1111 Washington St SE Olympia, Wa 98504-7037 Interagency Agreement Approved as to Form 9/29/97 By the Assistant Attorney General State of Washington 7 of 7 Agreement No,IAA 12-228/2010-DG-11062764-010 Attachment A 0 WASHINGTON STATE DEPARTMENT OF Natural Resources Peter Goldmark-Commissioner of Public Lands 2012 Community Forestry Assistance Grant Proposal APPLICATION FORM Project name (five words or less) GIS-based Street Tree Inventory Location (City) Kent Tree City USA N Y ❑ N Name of Applicant (Organization) City of Kent Parks Recreation & Community Services Daytime Phone #253-856-5113 Applicant's Federal I.D. Number 91-6001254 Address of Applicant220 4th Avenue South City Kent State WA Zip 98032 Contact Person Victoria L. Andrews Daytime Phone same as above (if different from above) Fax #253-856-6050 E-mail Address vandrews(?�kentwa.gov Brief Description of Project and Objective: Organization's mission: The Parks Department is committed to providing safe and inviting parks and facilities, and offer meaningful and inclusive recreational, cultural and human service programs. Prior successful urban forestry projects: 1. In 2007, the Parks Department received a King County DNR Wild Places grant for $6,250 to continue restoration efforts at 140-acre Lake Fenwick Park that had begun with a week of National Public Lands Day events involving 144 volunteers, over 500 hours of volunteer time and $15,388 in in-kind support. 2. Kent Parks received a Community Forestry Assistance Program grant in 2011 for $9,984. The funds are being used to map and analyze approximately 219 acres of newly annexed public lands and conduct outreach and education about the Green Kent Partnership, not only to the 30,000 newly annexed inhabitants but to all Kent residents, including those who do not speak English. Field work has been completed and the outreach materials have been translated to the top four languages spoken by students in the Kent School District. A nice bonus: instead of a separate mailing, the multi-language "postcard version" will be a half-page inclusion in the winter Program Guide mailed to 48,000 homes! It directs people to the Green Kent website to learn "what is invading our parks." Full text in all five languages will be posted 1 i Our highest priority is gathering solid baseline data on the mature trees that are experiencing the most stress: those within the downtown commercial area and that anecdotally we know have been experiencing serious failures, such as trees along power lines and the heavily traveled arterials. This grant will help us take the first steps to store and actively manage our assets based on data collected that will include location, unique tree number, species, height, diameter, condition, specific site issues, and pruning or other maintenance schedules. To make the most efficient use of this funding, Parks staff will collaborate with our Public Works GIS analysts. They will play a key role in integrating the information gathered by the consultants into our system for ongoing access and use. Time frame: Following notification of a successful application, we will initiate internal coordination among the participating divisions to clarify software compatibility requirements, condition standards and other data collection parameters. An RFP process will be conducted and the consultant should complete field work by early fall 2012 for the October 31, 2012 mid- report. The project will be completed by May 31 , 2013. Deliverables: Based on preliminary discussions with five urban forestry consultants, we anticipate that close to 2,000 trees will be entered into a GIS-based inventory. Deliverables will include detailed maps, spreadsheet and a final report. Support: See letters of support. The Green Kent Partnership's primary partners are the city of Kent, Forterra (formerly Cascade Land Conservancy), King Conservation District, Washington State Department of Natural Resources, and the residents of Kent. Public education: The Green Kent Partnership is actively engaging and empowering our residents to understand the role that healthy trees play in cleaning the air, filtering water, holding storm water to reduce flooding, providing habitat for urban wildlife and enhancing home values. The city utilizes a number of vehicles to make residents aware of the efforts we are undertaking on their behalf, including a robust website averaging over 53,000 hits per month, a public access channel, Facebook, e-newsletters, a Parks Program Guide that reaches 50,000 readers and through a strong local and regional media presence. We will make strategic use of those vehicles to share the quantity, quality, diversity and challenges of our street trees, living assets residents and visitors often take for granted. Impacts (long-term benefits, local need, project beneficiary): Given the funding environment within which all municipalities are operating, the city of Kent understands that it is cost prohibitive to acquire the resources for a complete, detailed inventory of all our public trees. However, there is both short-term and long-term value in a detailed tree inventory of our downtown urban core and other key streets for actively managing our assets, including: budget tracking and forecasting, 2) pruning, 3) crown cleaning and 4) work plans, as well as 5) providing leverage for future support, both internally and to external funding sources. Our long-term goal is to achieve a street tree management plan. Given current funding challenges, it is not likely that we will be able to complete the plan in a single phase from a 3 Attachment B BUDGET WORKSHEET Applicant City of Kent Parks Recreation & Community Services Project Name GIS-based Street Tree Inventory ITEM Grant Share Applicant In-Kind TOTAL Consultant: field work, $9,900 $9,900 report Operations $2,772 $2,772 Superintendent Street Tree Supervisor $3,124 $3,124 Lead Arborist $1,432 $1,432 GIS Analyst $2,880 $2,880 Grant/management $2,836 $2,836 TOTAL $9,900 $13,042 $ $22,942 Washington State Department of Natural Resources • Community Forestry Assistance Grant- 2 of 2 Attachment C f I MINIMUM FEDERAL PROVISIONS The subrecipient shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terns and conditions of this agreement. The following are a few of the minimum requirements of a subreceipient: 1. Cost Principles By accepting Federal assistance, the recipient organization agrees to abide by the applicable OMB Circulars in the expenditure of Federal funds and performance under this program. www.whitehouse.gov/omb/circ,utars OMB Circular A-87 (2 CFR part 225)—Cost Principles for State, Local and Indian Tribal Governments 2 CFR 230 (OMB Circular A-122)— Cost Principles for Non-Profit Organizations 2 CFR Part 215 (OMB Circular A-110)—Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations 2. Audit Requirements Non-federal entities that expend $500,000 or more during a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133. 3. Executive Compensation Subrecipients must report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if: a) In the subrecipient's preceding fiscal year, the subrecipient received— i) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii) $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, (and subawards); and iii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. Page 1 of 3 Opportunity, 1849 C Street, N.W., MS-1442 MIB, Washington, D.C. 20240. The DI- 1892 form may be obtained from the EEO Counselor or the Bureau EO Office. If you are filing a complaint against another agency, go to http://www.hhs.,-ov/ocr/civilridits/complaints/index.html for more info. Note: For a list of Goverment wide requirements go to: htg2://www.whitehouse.2ov/onib/erants chart/ Codification of Government wide Grant Requirements by Department and by Agency �I Page 3 of 3 KENT Agenda Item: Consent Calendar - 70 TO: City Council DATE: March 20, 2012 SUBJECT: King County Conservation Futures Interlocal Cooperation Agreement Amendment for Huse Property Acquisition - Authorize MOTION: Accept the funds from King County Conservation Futures in the amount of $650,000, amend the interlocal cooperation agreement, approve expenditures in accordance with the interlocal agreement in the Park Land Acquisition budget, and authorize the Mayor to sign all necessary documents, subject to terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: King County is providing for the allocation of additional funds made available for open space acquisition, subject to the terms of the existing interlocal cooperation agreement entered into between the City of Kent and King County on January 29, 1991. By this amendment, the county will provide Conservation Futures Levy Funds to reimburse funds for the purchase of 33.7 acres of open space, buffering Soos Creek Park (Huse property), and a regional trail, as outlined in Attachment K. On November 15, 2010, the King County Council passed Ordinance 16984, which appropriated a total of Six Hundred and Fifty Thousand Dollars ($650,000) in Conservation Futures Levy proceeds to the City of Kent for reimbursement of the Huse Property acquisition project. On June 27, 2011, the King County Council passed Ordinance 17125, authorizing the King County Executive to disburse these funds. EXHIBITS: Grant Agreement Amendment and original interlocal agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: $650,000 reimburses the Park Land Acquisition Budget AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF KENT and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 29th day of January, 1991. The parties agree to the following amendments: Amendment 1: Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the Huse Property (Soos Creek) acquisition, and hereafter reads: • On November 15, 2010, the King County Council passed Ordinance 16984, which appropriated a total of Six Hundred and Fifty Thousand Dollars ($650,000) in Conservation Futures Levy proceeds to the City of Kent for the Huse Property (Soos Creek) acquisition Project. On June 27, 2011 the King County Council passed Ordinance 17125, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 16984. Amendment 2: Article V. Conditions of Aareement Section 5.1 is amended to include reference to Attachment K, which lists a 2011 Conservation Futures Levy Allocation for the Huse Property (Soos Creek) acquisition project. Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are amended to include references to Attachment K, which lists 2011 Conservation Futures Levy Allocations for the Huse Property (Soos Creek) acquisition project as follows: Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through K to be used for the Projects listed in Attachments A through K. The City may request additional funds; Amendment K CFT Interlocal Amendment Kent-King County 2011 CFT proceeds for Huse Property(Soos Creek) 1 however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through K. The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement. Amendment 4: Attachment K The attachments to the interlocal agreement are hereby amended by adding Attachment K, which is hereby attached to the interlocal agreement, incorporated therein and made a part thereof. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF KENT Dow Constantine Suzette Cooke King County Executive Mayor Date: Date Acting under the authority of Acting under the authority of Ordinance 17125. Ordinance: Approved as to form: Approved as to form: Dan Satterberg Tom Brubaker King County Prosecuting Attorney City Attorney Amendment K CFT Interlocal Amendment Kent-King County 2011 CFT proceeds for Huse Property(Sees Creek) 2 ATTACHMENT K 2011 CONSERVATION FUTURES LEVY CITY OF KENT ALLOCATIONS for HUSE PROPERTY (SOOS CREEK) Jurisdiction Project Allocation Kent Huse Property Soos Creek 15795 $ 650,000 TOTAL $ 650,000 Project Description: 2011: 315805: Huse Property (Soos Creek): $ 650,000 This is a 33.7 acre open space acquisition project with a goal of meeting the open space needs in the rapidly growing east Kent Plateau area and buffering Soos Creek Park and regional trail. The property is located at SE 216t' Street, east of 132 Avenue SE. City of KENT—Huse Property (Soos Creek): $ 650,000 Amendment K CFT Interlocal Amendment Kent-King County 2011 CFT proceeds for Huse Property(Soos Creek) 1 January 3, 1996 Introduced By: f1,MBISTOPHER vANCF 420v2 cvc y c� Proposed No.: y _ 6 - 1 2 2 0157 �- I ORDINANCE NO. j_ 2 AN ORDINANCE authorizing the conveyance of certain 3 parks,recreation and open space properties to the City of Kent 4 and authorizing the Executive to enter into an agreement with 5 the City of Kent relating to parks and recreation services. 6 7 PREAMBLE 8 9 1. The City of Kent(the City)has recently annexed a portion of formerly 10 unincorporated King County which contains several local parks and recreation I I facilities and sites. 12 13 2, The City desires to own,operate,and maintain parks,open space, 14 recreation facilities and programs and other municipal programs,facilities and 15 properties inside its boundaries. 16 17 3. King County desires to divest itself of ownership,management,and 18 financial responsibility for non-regional parks,open space,recreational 19 facilities and programs inside the City boundaries as directed by Motion 8056. 20 21 4. The King County executive has determined that,because of the agreement 22 of the City to operate and maintain the properties in perpetuity as public park, 23 recreation facility and open space,the properties and property improvements 24 are surplus to the foreseeable needs of the county and should be conveyed to 25 the City subject to the terms and conditions of the interlocal agreement 26 authorized herein. 27 28 5. In consideration of the mutual benef its to be derived, it would be in the best 29 interests of the citizens of King County to convey the real property and 30 property improvements described herein to the City. 31 32 33 BE IT ORDAINED BY THE.COUNCIL OF KING COUNTY: 34 35 SECTION 1. The King County executive,on behalf of the citizens of King 36 County, is hereby authorized to execute deeds of conveyance in favor of the City of Kent 37 for the real property and real property improvements listed on the attached agreement and 12157 1 to execute,substantially in the form attached, an interlocal agreement with the City of Kent 2 relating to the ownership, funding,operation and maintenance of parks,open space, 3 recreation facilities and programs. yL 4 INTRODUCED AND READ for the first time this day of 6 PASSED by a vote of 47 to O this—,_o day of 7 191. v. 8 KING COUNTY COUNCIL 9 KING COUNTY, WASHINGTON 10 12 ATTEST: 13 14 tY Clerk of the Council IS 16 � [ 17 APPROVED this day of,.. tr-4 19 20 21 22 King Count -. tive 23 24 25 26 Attachments: Interloeal Agreement 2- 1215 '7 FACILITY LOCATION A13PROXIMATF, SIZE AMENITIES Clark Lake Open Space Eastridge 143rd SE & SE 257th PI 8 acres Lake Meridian 27103 148th Ave SE 62.41 acres Meridian Glen Kent Kangley & 136th SE 2.19 acres Pine Tree SE 276th & 114th Ave SE 9.8 acres Springwood SE 274th & 128th PI SE 10 acres exhA.doc EXHIBIT 4 12� . INTERLOCAL AGREPMEi`fT BETWEEN KING COUNTY AND THE CITY OF KENT Relating to the Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities, and Programs This Agreement is made and entered into this day by and between the City of Kent , hereinafter called "City" , and King County, hereinafter called "County" . WHEREAS, the City of Kent will annex the area of previously unincorporated King County known as Kent Meridian on or about January 1 , 1,996 ; and WHEREAS, the City desires to own, operate, and maintain parks, open space, recreation facilities and programs and other municipal programs, facilities and ;property inside its boundaries ; and WHEREAS, the County desires to divest itself of ownership, management , and financial responsibility for non-regional parks , open sp--ce, recreational facilities and programs inside the City boundaries ; and WHEREAS, it is in the best interest of the public that the City and the County take those actions necessary to meet those desires and to cooperate in any transition to insure a smooth transition and avoid service disruption; NOW, THEREFORE, the City and the County hereby agree as follows : 1 . C'onveyan . . . 1 . 1 On January 2 , 1996 , King County shall convey to the City by recorded deeds the following listed parks , recreation and open space properties and facilities (hereafter called " facilities" ) : Clark Lake Open Space ; Eastridge ; Lake Meridian; Meridian Glen; Pine Tree ; and Spr.ingwood, 1215 "7 c7 all as more fully described in Attachments "A" , List and Location of Parks, and "B" , the legal description, incorporated by this reference made a part hereof . 1 . 2 The deeds shall contain all reservations of record and applicable covenants and restrictions resulting from grants, bonds and other similar funding sources , and the following specific covenants pertaining to use and assessment of fees : "The City covenants to operate and maintain the site in perpetuity as a public open space or as a public parks recreational facility, except that the City may trade the site or part of the site for property of equal or greater parks and recreational value or open space value . The City further covenants that it will not limit access to the park so as to restrict usage by non--City residents and that any and all user fees, including charges made by any lessees, concessionaires , or other assignees shall be at the same rate for non-City residents as for the residents of the City, unless the City has imposed specifically dedicated resources (i . e . , taxes or fees imposed upon City residents) to fund recreation programs, and such different fees provide for equitable contributions to be made by City and non-City residents . " 1 . 3 The City hereby agrees to abide by and enforce all terms, conditions, reservations , restrictions and covenants of title . 1 . 4 No King County artwork currently located at any park is to be transferred with the land. King County artworks remain the property of King County. The responsibi.l.ity, management and maintenance of King County artworks, as well. as the ownership, remain with the County. 2 12157 . 1 . 5 At the time of conveyance, the County shall prcviie the City the following: 1 . 5 . 1 Architectural and construction drawings and as-builts . 1 . 5 . 2 Planning documents pertaining to present and future use of said parks . 1 . 5 . 3 Any and all records of public meetings during the last five years pertaining to present or future use of parks . 1 . 5 . 4 Covenants and restrictions applicable to the parks subject to this agreement . 1 . 6 The parks conveyed shall include all park furnishings and appurtenances currently situated on said property including, but not limited to, garbage receptacles, picnic tables , picnic barbecues, and swim buoys at Lake Meridian . 2 . Responsibility for Qperations , _M�jnLtrance �ep�irs and Improvements . 2 . 1 Upon the effective date of conveyance as described in Section 1 . 1 above, the City agrees to accept the properties and facilities described above in as is condition, except as set forth in Attachment C which shall be addressed as set forth in said attachment , and to assume full and complete responsibility for operations, maintenance, iepai.rs and improvements of said facilities . 2 . 2 upon the effective date of conveyance as described in Section 1 . 1 above , the City shall assume full and complete responsibility for all recreation programs and services at this site . Until the effective date of conveyance , the County agrees to continue to operate, maintain and repair the facilities listed in Section 1 . 1 above and to operate any previously scheduled recreation programs in said facilities . 3 12157 3 . Uses of Faci. i 1 F Plds During trans tion per off. 3 . 1 The parties agree there may be a transition period from the date of execution of this agreement through the effective date of conveyanc , and agree during said transition period to avoid disruption of service to the public . The County agrees, during the transition period, to continue to schedule any organized athletics and recreational activities at the facilities . The County will provide to the City recreation programs and services at the facilities listed in Section 1 . 1 at the currently budgeted level . upon transfer, the City will become responsible for any and all recreation programs and services at the site, including scheduling any public use of facilities . 3 . 2 Revenues from any facility use or recreational programs held at the facilities during the transition period shall accrue to the County. Revenues from facility use and recreational programs after the City assumes full ownership and maintenance responsibility as specified in Sections 1 . 1 and 2 . 1 will accrue to the City. 4 . 7ndgnLnLfication . 4 . 1 The County shall indemnify and hold harmless the City and its elected officials , officers, agents or employees or any of them from any and all claims, actions, suits , liability, loss , costs , expenses, and damages of any nature whatsoever, relating to the facilities described herein, which are caused by or result from a negligent act or omission of King County, its officers , agents and employees that occurred prior to the effective date of conveyance of the facilities listed in Section 1 . 1 to the City, by reason of or arising out of any negligent act or omission of the County, its officers, agents , and employees, or any of them, in performance of this agreement . In the event that any suit based upon such a claim, action, loss , or damage its brought against the City, the County shall defend the same at 4 12157 its sole cost and expense ; provided, that , the Ci :y retains the right to participate in said snit if any principal of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents , employees , or any of them, or jointly against the Ci.ty and County and their respective officers, agents , and employees , or any of them, the County shall. satisfy the same . 4 . 2 The City shall indemnify and hold harmless the County and its officers , agents, and employees, or any of them from any and all claims, actions , suits, liability, loss, costs , expenses, and damages of any nature whatsoever, relating to the facilities described herein, which are caused by or result from a negligent act or omission of King County, its officers, agents and employees that occurred subsequent to the effective date of conveyance of the facilities listed in Section I . I. to the City, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees , or any of them, in performance of this agreement . In the event that any suit based upon such a claim, action, loss or damage is brought against the .County, the City shall defend the same at its sole cost and expense ; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents , and employees , or any of them, or jointly against the County and City and their respective officers, agents and employees, or any of them, the City shall satisfy the same . 4 . 3 The City ' s and the County ' s indemnification in this section shall survive this Agreement . 5 . Non Discrimina ion . The City and the County are Equal Opportunity Employers . The City and the County shall comply with all applicable non-discrimination laws or requirements . 5 12157 r� 6 . Audits and Insaections . In addition to the requirements set forth, the records related to matters covered by this Agreement are subject to inspection, review or audit by the County or the City at the requesting party ' s sole expense during the term of this agreement and three (3) years after termination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request . 7 . Waiver and Amendments . Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach . No term or condition shall be waived, modified or deleted except by an instrument , in writing, signed in advance by the parties hereto . 8 . Default. 8 . 1 In the event the City violates any of the conditions of this Agreement, including any of the covenants to title required herein, the County shall be entitled to specific performance of the Agreement . 8 . 2 In the event the County violates any of the conditions of this Agreement , including any of the covenants to title required herein, the City shall be entitled to specific performance of the Agreement . 8 . 3 Unless otherwise provided for herein, in the event either party should commence legal proceedings to enforce any provisions of this Agreement , each party shall be responsible for all. of its costs and expenses incurred in connection with such proceedings, including attorney ' s fees . 9 . Enl ire AgrPam nt and Modifi cat_Qnaa This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof . It: may be supplemented by addenda or amendments which have been agreed upon by both parties in writing . Copies of such addenda and amendments shall be attached hereto and by this reference made part of this contract as though fully set forth herein . 6 1215 "7 10 . A minjsrration of Agri Mn 10 . 1 The City and County shall. each appoint a representative to review compliance with this Agreement and to resolve any conflicts . The City and County shall notify the other in writing of its designated representative . The administrators of the Agreement shall meet as needed . Either party is authorized to convene a meeting with a minimum of ten (10) calendar days written notice to the other. 10 . 2 Any conflict that is not resolved by the contract administrator within ten (10) working days of the meeting held to discuss the conflict shall be referred to the City Director of Parks and Recreation and the County Director of Parks , who shall resolve the conflict . 11 . Duration . This agreement is effective upon execution by both parties and shall continue in force unless both parties mutually content in writing to its termination . IN WITNESS WHEREOF, the parties have executed this Agreement . KING COUNTY CITY OF KENT King County Executive Mayox Date Date 7 121517 Approved as to form: Approved as to form: King County L-City Attorney Deputy Prosecuting Attorney Date Date pksintLc.agr EXHIBIT h" Page One y A y 5 7 i 1 F-�/I 1 �•/ MERIDIAN GLEN PARR Tracts A-1 and A-2 Open space, Meridian Glen Division No. 1, as recorded in Volume 121 of Plats, pages 32 - 34, records of King County, Washington, under Recording No. 8205030641, known as Lot Line Revision to Meridian Glen Division No. 1. SPRINGWOOD PARK The East 10 acres of the South3/4 of the NW 1/4 of the NE 1/4 of Section 33, Township 22 North, Range 5 East, W.M. , in King County, Washington. SUBJECT TO: Easement with provisions, conditions and covenants recorded under Auditor's File No. 6574774 and 7803221031; Application for permission to extend the utility system on said premises recorded under Auditor' s File No. 6595634 . EASTRIDGE PARK Tract A, Eastridge Park Division No. 2, as recorded in Volume 90 of Plats, pages 65 & 66, records of,. King County, Washington. SUBJECT TO conditions on deed recorded September 3, - 1969, under Recording No. 6559633, as follows: By acceptance of subject deed the County of King covenants and agrees ghat the use of subject property shall be restricted to open space and recreati.onal.. purposes only. King County further covenants and agrees that King County will not use, nor will King County auth- orize the use of subject property for any use except open space and recreational uses. The County may, however, place improvements and impose such regu- lations on said property as is consistent with the proper maintenance and preservation of the public health, safety, morals and general welfare. i PINE TREE PARK The South 112 of. the NE 1/4 of the SE 1./4 of the NE 1./4 of Section 32, Township 22 North, Range 5 East, W.M. ; TOGETHER WITH the North 1/2 of the SE 1/4 of. the SE 1/4 of the NE 1/4 of said Section 32. TOGETHER WITH an easement (for access over and across) the West 30 feet of the NE 1./4 of the SE 1./4 of the NE 1/4 of said Section 32. SUBJECT TO; Easement wherein the Grantor reserved the right for access over and across the West 30 feet of the above described property, contained in that certain Par.t.i.al Fulfillment Deed executed by Alice J. McCabe, formerly Alice J. Barger, as her separate estate. ti, 1215 '7 EXHIBIT "B" Page Iwo CLARK LAKE OPEN SPACE PARCEL A - The West 1/2 of the East 1/2 of the NW 1/4 of the NE 1/4 of Section 21, Township 22 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the North 360 feet of the East 100 feet; AND EXCEPT the South 55 feet; AND EXCEPT County Road. SUBJECT TO: Any prohibition of or limitation of use, occupancy, or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water; and to the extent required by any applicable public health department requirements, SUBJECT TO a covenant restricting use due to the existence of a water well for a private dornesti.c water supply system established by that Well. Agreement recorded under King County Recording No. 8901030642, within any portion of the premises lying within a 100 foot radius of the location of said well, which well location is described as fo.l.lows: A point lying 30 feet West, more or less, of the Easterly boundary and 220 feet South, more or less, of the Northerly boundary of, the following described parcel: The West 1/2 of the East 1/2 of the NW 1/4 of the NE 1/4 of Section 21, Township 22 North, Range 5 East, W.M., King County, Washington, EXCEPT Country Road. PARCEL B - The West 1/2 of the NW 1/4 of the HE 1/4 of Section 21., Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the West 396 feet of the North 660 feet; AND EXCEPT that portion thereby lying within S.E. 240th St. , as presently established. SUBJECT TO: Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water. PARCEL C - The Westerly 330 feet of. the South 55 feet of Lot 2 of King County Short I:'lat No. 674032, recorded under King county Recording No. 7708030801. Said short plat being a portion of the East 112 of the NW 1./4 of the NE 1/4 of Section 21, 'Pownshi.p 22 North, Range 5 East, W.M. , in King County, Washington. SUBJECT TO: Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water; Covenants, Condit f.ons, restrictions and easements contained i.n Short Plat No. 674032, recorded August 3, '.1977, under aecordi_ng No. 7708030601; EXHIBIT e PageT12157 Page Three e Declaration of Covenant dated August 17, 1977, recorded August 17, 1977, under Recording No. 7708170899, regarding further subdivision of lots. PARCEL D - The East 112 of the SW 1/4 of the NE 1/4 of Section 21, Township 22 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the West 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4 of said Section 21, in King County, Washington; EXCEPT that portion thereof lying Southerly of the North line of the South 30 feet thereof as conveyed to King County for S.E. 248th St. by Deed recorded under Recording No. 5845363. ALSO, the West 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4 of Section 21, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT the South 330.92 feet of the West 132 feet thereof; EXCEPT that portion thereof lying Southerly of the North line of the South 30 feet thereof as conveyed to King County for S.E. 248th St. by Deed recorded under Recording No. 5845364. SUBJECT TO: 1. Reservations and exceptions contained in Deed from Northern Pacific Railroad Co.- Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal. or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same, as recorded under Recording No. 216187. NOTE: No examination was made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. 2. Right to make necessary slopes for cuts or fi11s upon property herein described as granted in deed recorded February 17, 1965 under Recording No. 5845363. 3. Right to make necessary slopes for cuts or fills upon property herein described as granted in deed recorded February 17, 1965, under Recording No. 5845364 . 4 . Right of the State of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of the unnamed pond. EXHIBIT "B" 12157 Page Four LAKE MERIDIAN PARK Parcel A - Lot 3, Meridian Lakeshore Tracts, according to the plat recorded in Volume 51 of Plats, page 13, records of King County, Washington. SUBJECT TO: Right of the public as dedicated in the plat. Covenants, conditions and restrictions contained in said plat. Reservations contained in Deed recorded under Recording No. 226333. Parcel B - Lot 4, Meridian Lakeshore Tracts, according to the plat recorded in Volume 51 of Plats, page 13, records of King County, Washington. SUBJECT TO: Reservations contained in Deed recorded under Recording No. 226333. Covenants, conditions and restrictions contained in said plat. Right of the public as dedicated in the plat. Parcel C - Lot D of King County Short Plat No. 3998, recorded under King County Recording No. 8306100527, said lot being described as the East 100.00 feet of Lot 5, Meridian Lakeshore Tracts, according to the plat thereof recorded in Volume 51 of Plats, page 13, records of King County, Washington. TOGETHER WITH an easement for ingress, egress and utilities over, under and across a portion of Lot 4, King County Short Plat No. 1.80069, as established by instrument recorded by under King County Recording No. 8104090330, described as follows: Commencing at the S.E. corner of Meridian Lakeshore Tracts, according to the plat thereof recorded in Volume 51 of Plats, page 13, records of King County, Washington; thence N.89-02- 34 W. , along the South line of said plat, a distance of 25.00 feet to the true point of beginning; thence continue N.89-02-34 W. , along said South line, a distance of 455.18 feet to the Southeasterly right of way line of 148th Ave. S.E. said point being on a curve, the center of . which bears S. 42-22-22 E. , a distance of 266.48 feet; thence South-westerly along said curve to the left having a radius of 266.48 feet, through a central angle of 12-43-43, an arc distance of 59.20 feet to the North line of the South 13.668 acres of the West 3/4 of Government Lot 1 of the SE 1/4 of Section 26, Township 22 North, Range 5 East, W.M., in King County, Washington and the North line of Alpine Vista, according to the Plat thereof recorded in Volume 82 of. Plats, page 73, records of King County, Washington, extended Westerly; thence S. 88-44-21 E. , along said line, a distance of 493.43 feet; thence N. 00-55-16 E. a distance of 47.67 feet to the true point of beginning. Pa;ef,. ve 12157 SUBJECT TO: 1) Restrictions contained in said plat as follows: No lot or portion of a lot in this plat shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than the area shown on the face of this plat. All lots in this plat are restricted to R-1 and R-2 residential district use governed by and subject to restrictions, rules and regulations of the County Zoning Resolution No. 11373 and subsequent changes thereto by official County resolution. Property usage: Lot 4, R-3, Lots 15, 16 and 17, R-2, all others, R-1. Approval for septic tanks to be installed in accordance with specifications of King County Health Department is required for each individual lot. 2) Underground utility easement, and the terms and conditions thereof granted to Puget Sound Power and Light Co., to construct, operate, maintain, repair, replace and enlarge an underground electric transmission and/or distribution system across the South 10 feet of said premises and other property recorded on June 3, 1983, under Recording No. 8306030606, Contains covenant prohibiting structures over said easement or other activity which might endanger the underground system. 3) Road maintenance agreement and the terms and conditions thereof by and between Edward E. Raisio and Audrey L. Raisio, husband and wife, as recorded on June 28, 1983, under Recording No. 8307110749. Said agreement contains a provision for bearing equal costs of maintenance, repair or reconstruction of said road by the common users. 4) Exceptions and reservations contained in Deed from . Herbert S. Upper, a bachelor, recorded on February 18, 1902, under Recording No. 226333. Excepting and reserving from said lands such as are now known or shall hereafter be ascertained to contain coal, iron, oil or gas, and also the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted coal, iron, oil or gas lands for the purpose of exploring, developing and working the same. 5) Right of the public to make necessary slopes for cuts or fills upon said premises in the reasonable original grading of streets, avenues, alleys and roads, as dedicated in the plat. Parcel D - Lot 5, Meridian Lakeshore Tracts, as per plat recorded in Volume 51 of. Plats, page 13, records of King County, Washington, except the East 300 feet thereof. (Also known as Lot A of Short Plat No. 3998, recorded under King County Recording Nos. 8107229006 and 8306100527.) SUBJECT TO: Easements, restrictions, reservations and provisions of record, if any. Parcel E - That portion of the North 12.668 acres of the West 26.336 acres of Government Lot 1, Section 26, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the S.W. corner of said Section 26; thence North along the established West line of said Section 26 a distance of 978.66 feet; thence N.89-39-40 E. 375.54 feet, more or less, to the East line of the County Road, to the true point of beginning; thence East 536. 632 feet; thence South 132.712 feet; thence West 566.1.36 feet, more or less, to the County Road right of way; thence Northerly along the County Road right of way 139.065 feet to the true point of beginning. EXHIBIT "8 12157 Page Six a ALSO, Lot 6, Meridian Lakeshore Tracts, according to the plat recorded in Volume 51 of Plats, page 13, records of King County, Washington. SUBJECT TO: Reservations contained in Deed recorded under Recording No. 226333. Covenants, conditions and restrictions contained in said plat. Right of the public as dedicated in the plat. Parcel F - Lot 8, Meridian Lakeshore Tracts, according to the plat recorded in Volume 51 of Plats, page 13, records of King County, Washington. SUBJECT TO: Covenants, conditions and restrictions contained in said. plat. Reservations contained in Deed recorded under Recording No. 226333. TOGETHER WITH the South 1/2 of the South 1/2 of the NW 1/4 of the SW 1/4 of Section 26, Township 22 North, Range 5 East, W.M. , EXCEPT that portion for Soos Creek -Berrydale Road establishment AND EXCEPT that portion of the South 15 feet thereof lying East of a line drawn parallel with and 460 feet East of the West line of said SW 1/4 AND EXCEPT any portion within the Plat of Meridian Lakeshore Tracts. TOGETHER WITH the North 12.668 acres of West 26.336 acres of Government Lot 1, Sec. 26, Twp 22 N. , Rge 5 E. , W.M., in King County, Washington; EXCEPT County Roads; EXCEPT, Beginning 17.71. feet South of S.W. corner of the NW 1/4 of the SW 1/4; thence South along Section line 56.56 feet; thence N.45-55-04 E. 25 feet to Westerly margin of County Road; thence Northerly along said road margin to beginning; EXCEPT, beginning 978.66 feet North and 375.54 feet East of S.W. corner of said section; thence East 536.632 feet; thence South 132.712 feet; thence West to County Road; thence North- erly along , said road to beginning; EXCEPT beginning at N.W. corner; thence South 20 feet; thence S.54-19-56 E. 180.13 feet; thence 5.35-40-04 W. 30 feet to the True Point of Beginning; thence S.54-19-56 E. 108.89 feet; thence 5.58-59-04 W. to shore of lake; thence North- westerly along shore to point from where true point of beginning bears N.58-59-04 E. ; thence N.58-59-04 E. to beginning; EXCEPT Coal & Mineral Rights AND EXCEPT beginning at N.E. corner of SE 1/4 of the SE 1/4 of Sec. 27; thence 5.00-04-56 E. 74 .27 feet to point of beginning; thence 5.00-04-56 E. 82.67 feet; thence 5.51-43-56 E. along shore of Lake Meridian 6.82 feet; thence N.57-55-42 E. 72.55 feet to South line of County road; thence Northwesterly 82.25 feet; thence 5.45-55- 04 W. 25 feet to Point of Beginning; AND EXCEPT portion platted as Meridian Lakeshore Tracts, according to the plat recorded in Volume 51 of Plats, page 13, records of King County, Washington, ALSO EXCEPT that portion lying South of the North line of Lot 5, Meridian Lakeshore Tracts, produced Easterly to the West line of said Sons Creek-Berrydale Road establishment, and Easterly of 148th Ave. S.E. LESS that portion of the North 663.40 feet of the West 1./2 of the East 1./2 of Government Lot 1 in Section 26, Township 22 North, Range 5 East, W.M. , King County, Washington, lying Northeasterly of Soos Creek-Berrydale Road Extension (Soos Creek Dr i.ve S.E. as conveyed to Page Seven 12157 King County by Deed recorded under Recording No. 2682001. Parcel G - That portion of the North 663.40 feet of the East 1/2 of the East 1/2 of Government Lot 1 in Section 26, Township 22 North, Range 5 East, W.M., King County, Washington, lying Southwesterly of Soos Creek-Berrydale Road Extension (Soos Creek Drive S.E. ) , as conveyed to King County by Deed recorded under Recording No. 2682001. Parcel H - The NW 1/4 of the NE 1/4 of the SW 1/4 of Section 26, Township 22 North, Range 5 East, W.M. , in King County, Washington. SUBJECT TO: An easement for electric transmission line recorded under Auditor's File No. 3210959. Reservations contained in Deed recorded under Auditor's File No. 226333. Parcel I - The South 15 feet of the NW 1/4 of the SW 1/4 in Section 26, Township 22 North, Range 5 East, W.M. , EXCEPT the West 460 feet and EXCEPT County Road. Parcel J - The South 13.668 Acres of the following described tract: All of Government Lot l in Section 26, Township 22 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the East 1/2 of the East 1/2 thereof; AND EXCEPT from said 13.668 Acres the East 600 feet thereof and those .portions conveyed to King County for roads by Deeds recorded under Recording Nos. 202265 and 3091895. Parcel K - The South 112 of the North 1/2 of the NW 1/4 of the SW 1/4 of Section 26, Township 22 North, Range 5 East, W.M. , in King County, Washington, EXCEPT that portion thereof lying within the Soos Creek-Berrydale Road Extension, AND EXCEPT that portion thereof lying 148th Ave. S.E. SUBJECT TO: Reservations contained in Deed recorded under Auditor's File No. 226333. Parcel L - The SW 1/4 of the NE 1/4 of the SW 1/4 and the North 1/2 of the South 1/2 of the NW 1/4 of the SW 1/4 all in Section 26, Township 22 North, Range 5 East, W.M. , in King County, Washington, EXCEPT that portion conveyed to King County for road purposes by Deed recorded under Auditor's File No. 2679016; AND EXCEPT that portion thereof lying within 148th Ave. S.E. Parcel M - That portion of Lot 4, Short Plat No. 183082, according to the short plat recorded under King County Recording No. 8301310916, lying Westerly of the Southerly extension of the Easterly line of Lot A of Short Plat No. 3998, as recorded under Recording No. 8306100527., Parcel N - Government Lot 7 in the SE 1/4 of the SE 1/4 of Section 27, Township 22 North, Range 5 East, W.M., EXCEPT County Road, TOGETHER WITH shorelands of the 2nd Class lying in front of, adjacent to and abutting thereon. Subject to Forward Thrust Bond covenants as contained in Resolu- tion No. 34571, as passed by the Board of County Commissioners on December 18, 1967. 1215 "7 EXHIBIT C REPAIR WORK TO BE DONE OF FUNDED BY KING COUNTY AT PARKS TRANSFERRING TO THE CITY OF KENT Pine Tree Park: • repair asphalt trail where roots, weeds, and hole exist. The City and County shall mutually agree on the scope of work and the cost to the County shall not exceed $10,000. MeridianL� • repair backstop • add gravel on bridge • remove tansy ragwort. Lake MeridiatL' repair dock deck repair bridges near boat launch • repair or replace lifeguard chair on deck Fastridge. • add rails to fall zones on playground equipment • modify entrance by removing fence and adding bollords Clark Lake: • Secure to eliminate access to vehicles - King county Parks and Cultural Resources Department 50(;Second Avenue Sn11e 1108 Sraltic,WA.98104-?311 (206)296-7503 (206)206-8686 FAX February 16, 1996 John Hodgson, Director Kent Parks and Recreation 220 4th Avenue South Kent, `,CIA 98032 Dear Mr. Hodgson: On Thursday, February 8, the Metropolitan King County Council's Utilities and Natural Resources Committee acted on the interlocal agreements transferring the ownership of certain parks to the City of Kent. The Committee wanted to know under what circumstances would the language in Section 1.2 of the agreement (attached) allow the City to charge higher fees to non-City users of the parks being transferred. In response to the Committee's request, this letter clarifies the County's understanding of how Section 1.2 applies to the City's use of differential fees. The language used in Section 1.2 was taken from an adopted interlocal transfer agreement between King County and the City of Des Moines. The purpose of the language was to acknowledge that the parks being transferred were paid for by all King County residents through the Forward Thrust Bond program and, therefore, all King County residents should have equal access to the facilities. At that time, the City of Des Moines was planning to impose a utility tax dedicated specifically to park and recreation services and argued that their residents were taxing themselves at a higher level and that it would be equitable for non-City users to also pay more to use park facilities and services. The County agreed that if a City taxes itself at a higher rate to specifically fund operation and/or maintenance of park and recreation services, it should be allowed to charge higher fees to non-City park users, since they are not subject to the higher dedicated taxes. Other examples of dedicated funding sources for park and recreation services include (but are not limited to) O&M levies and local option levy lid lifts for O&M. Differential fees would not be allowed for capital investments (e.g. capital bonds or capital levies). �% q,1) John Hodgson February 16, 1996 Page 2 1 hope this helps to clarify the County's position on the use of differential fees. Please call me at 296-7503 if you have any questions or require additional information. Sincerely, Cr i La sen Dire or cc: Stephanie Warden, King County Council Staff ell as more fully described in Attachments "A" , List and Location of Parks, and "B" , the legal description, incorporated by this reference made a Fart hereof . 1 . 2 The deeds shall contain all reservations of record and applicable covenants and restrictions resulting from grants, bonds and other similar funding sources, nd the following specific covenants pertaining to rise and assessment of fees : "The city covenants to operate and maintain the site in perpetuity as a public open space or as a public parks recreational facility, except that the City may trade the site or part of the site for property of eq,tal or greater parks and recreational value or open space value. The City further covenants that it will not limit access to the park so as to restrict usage by non-City residents and that any and all user fees, including charges made by any lessees, concessionaires, or other assignees shall be at the same rate for non-City residents as for the residents of the City, unless the City has imposed specifically dedicated resources (i .e . , taxes or fees imposed upon City residents) to fund recreation programs, and such different fees provide for equitable contributions to be made by City and non-City residents. " 1 . 3 qe City hereby agrees to abide by and enforce all t rms , conditions, reservations, restrictions and covenants of title . 1 .4 Nd King County artwork currently located at any park iT to be transferred with the land. King County atworks remain the property of King County. The r sponsibility, management and maintenance of King C unty artworks, as well as the ownership, remain w th the County. 2 G King County Office of'Budget and Strategic Planning K1n,G County Courthouse 516'rhird Awmto,Room 4':0 Sca l tle,WA 98104 (206)20fi-3434 May 22, 1996 City Clerk City of Kent 220 -4th Avenue South Kent, WA 98032-5895 RE: Interlocal Agreement between King County and the City of Kent Enclosed for your permanent record is the original of the Interlocal Agreement between King County and the City of Kent relating to Park Services. This document has been filed with the King County Records and Elections Section,and has also been transmitted for filing to the Secretary of State, as required under RCW 39.34.040. Please contact me at 296-3477 if you have any questions on this matter. Sincerely, Carol Gagnat "Y Regional Affairs Coordinator CG:erw Enclosure �3 � 1 MEMORANDUM OF UNDERSTANDING BETWEEN KING COUNTY PARKS AND THE CITY OF KENT I_ PURPOSE This memorandum shall serve as an interim and temporary operating agreement (the "Agreement") between King County Parks and Cultural Resources Department (the "County") and the City of Kent (the "City"), in anticipation of and prior to formal approval and execution by the parties of an interlocal cooperation Agreement substantially the same as Attachment 91. II. BACKGROUND The parties hereto have completed negotiations for the transfer of certain County facilities and sites to the City. The attached Agreement was approved by the Kent City Council on November 14, 1995. The Agreement has yet to be approved by the Metropolitan King County Council. It is anticipated that the agreement will be approved by the Council in the near fixture, but not until after January 1, 1996. Prior to the Agreement's final approval and execution, however, the City has expressed an interest in assuming responsibility for the operation, maintenance and recreational programs of the sites and facilities subject to the Agreement. In order to facilitate the transfer of such responsibilities prior to approval and execution of the Agreement, the parties agree to the following: III. AGREEMENT The parties mutually agree that effective January 1, 1996, the City shall be responsible for operations, maintenance, repair and improvements to the sites and facilities listed in Attachment 41, Sectiongj. The parties further agree that such activities will be in advance of formal conveyance of title as described in Attachment 91, Sections 1 and 2. The parties agree that the rights and obligations of the parties to this Memorandum of Understanding with regard to the activities described herein shall be governed by Sections 1.4, 1.5, 2.1, 4.1, 4.2, and 4.1, of Attachment 91, which are incorporated herein by reference. The County agrees to complete or to provide funding for the repairs described in Exhibit C of Attachment 91. The term of this Memorandum of Understanding shall commence January 1, 1996 and continue until such time as the agreement is approved and executed by both parties. This Memorandum of Understanding may be terminated by either party, without cause, with 60 days written advanced notice. CL JYJ White, Mayor Date raig I.,arsen, Director Date ity of Kent King County Parks and Cultural Resources Department Kentmoy1doc INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT Relating to the Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities, and Programs This Agreement is made and entered into this day by and between the City of Kent, hereinafter called "City" , and King County, hereinafter called "County" . WHEREAS, the City of Kent will annex the area of previously unincorporated King County known as Kent Meridian on or about January 1, 1996; and WHEREAS, the City desires to own, operate, and maintain parks, open space, recreation facilities and programs and other municipal programs, facilities and property inside its boundaries; and WHEREAS, the County desires to divest itself of ownership, management, and financial responsibility for non-regional parks, open space, recreational facilities and programs inside the City boundaries ; and WHEREAS, it is in the best interest of the public that the City and the County take those actions necessary to meet those desires and to cooperate in any transition to insure a smooth transition and avoid service disruption; NOW, THEREFORE, the City and the County hereby agree as follows : 1 . Conveyance . 1 . 1 On January 2, 1996 , King County shall convey to the City by recorded deeds the following listed parks, recreation and open space properties and facilities (hereafter called "facilities" ) : Clark Lake Open Space; Eastridge ; Lake Meridian; Meridian Glen; Pine Tree; and Springwood, all as more fully described in Attachments "A" , List and Location of Parks, and "B" , the legal description, incorporated by this reference made a part hereof . 1 . 2 The deeds shall contain all reservations of record and applicable covenants and restrictions resulting from grants, bonds and other similar funding sources, and the following specific covenants pertaining to use and assessment of fees : "The City covenants to operate and maintain the site in perpetuity as a public open space or as a public parks recreational facility, except that the City may trade the site or part of the site for property of equal or greater parks and recreational value or open space value . The City further covenants that it will not limit access to the park so as to restrict usage by non-City residents and that any and all user fees, including charges made by any lessees , concessionaires, or other assignees shall be at the same rate for non-City residents as for the residents of the City, unless the City has imposed specifically dedicated resources (i . e . , taxes or fees imposed upon City residents) to fund recreation programs, and such different fees provide for equitable contributions to be made by City and non-City residents . " 1 . 3 The City hereby agrees to abide by and enforce all terms, conditions, reservations, restrictions and covenants of title . 1 .4 No King County artwork currently located at any park is to be transferred with the land. King County artworks remain the property of King County. The responsibility, management and maintenance of King County artworks, as well as the ownership, remain with the County. 2 1 . 5 At the time of conveyance , the County shall provide the City the following : 1 . 5 . 1 Architectural and construction drawings and as-builts . 1 . 5 . 2 Planning documents pertaining to present and future use of said parks . 1 . 5 . 3 Any and all records of public meetings during the last five years pertaining to present or future use of parks . 1 . 5 .4 Covenants and restrictions applicable to the parks subject to this agreement . 1 . 6 The parks conveyed shall include all park furnishings and appurtenances currently situated on said property including, but not limited to, garbage receptacles , picnic tables, picnic barbecues, and swim buoys at Lake Meridian. 2 . Responsibility for Operations Maintenance Repairs and Improvements . 2 . 1 Upon the effective date of conveyance as described in Section 1 . 1 above, the City agrees to accept the properties and facilities described above in as is condition, except as set forth in Attachment C which shall be addressed as set forth in said attachment , and to assume full and complete responsibility for operations, maintenance, repairs and improvements of said facilities . 2 . 2 Upon the effective date of conveyance as described in Section 1. 1 above, the City shall assume full and complete responsibility for all recreation programs and services at this site . Until the effective date of conveyance, the County agrees to continue to operate, maintain and repair the facilities listed in Section 1 . 1 above and to operate any previously scheduled recreation programs in said facilities . 3 3 . 11ses of Eacili es and Fields During Transition Period. 3 . 1 The parties agree there may be a transition period from the date of execution of this agreement through the effective date of conveyance, and agree during said transition period to avoid disruption of service to the public . The County agrees, during the transition period, to continue to schedule any organized athletics and recreational activities at the facilities . The County will provide to the City recreation programs and services at the facilities listed in Section 1 . 1 at the currently budgeted level . Upon transfer, the City will become responsible for any and all recreation programs and services at the site, including scheduling any public use of facilities . 3 . 2 Revenues from any facility use or recreational programs held at the facilities during the transition period shall accrue to the County. Revenues from facility use and recreational programs after the City assumes full ownership and maintenance responsibility as specified in Sections 1 . 1 and 2 . 1 will accrue to the City. 4 . Indemnification . 4 . 1 The County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees or any of them from any and all claims, actions , suits, liability, loss, costs, expenses , and damages of any nature whatsoever, relating to the facilities described herein, which are caused by or result from a negligent act or omission of King County, its officers, agents and employees that. occurred prior to the effective date of conveyance of the facilities listed in Section 1 .1 to the City, by reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees , or any of them, in performance of this agreement . In the event that any suit based upon such a claim, action, loss , or damage is brought against the City, the County shall defend the same at 4 its sole cost and expense ; provided, that, the City retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents , and employees, or any of them, the County shall satisfy the same . 4 . 2 The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, relating to the facilities described herein, which are caused by or result from a negligent act or omission of King County, its officers, agents and employees that occurred subsequent to the effective date of conveyance of the facilities listed in Section 1 . 1 to the City, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them, in performance of this agreement . In the event that any suit based upon such a claim, action, loss or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents , and employees, or any of them, or jointly against the County and City and their respective officers, agents and employees, or any of them, the City shall satisfy the same . 4 . 3 The City' s and the County ' s indemnification in this section shall survive this Agreement . S . Non-Discrimination . The City and the County are Equal opportunity Employers . The City and the County shall comply with all applicable non-discrimination laws or requirements . 5 6 . Audits and InsnPctiona . In addition to the requirements set forth, the records related to matters covered by this Agreement are subject to inspection, review or audit by the County or the City at the requesting party' s sole expense during the term of this agreement and three (3) years after termination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request . 7 . Waiver and Amendments . Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed in advance by the parties hereto. 8 . Default . 8 . 1 In the event the City violates any of the conditions of this Agreement , including any of the covenants to title required herein, the County shall be entitled to specific performance of the Agreement . 8 . 2 In the event the County violates any of the conditions of this Agreement , including any of the covenants to title required herein, the City shall be entitled to specific performance of the Agreement . 8 . 3 Unless otherwise provided for herein, in the event either party should commence legal proceedings to enforce any provisions of this Agreement , each party shall be responsible for all of its costs and expenses incurred in connection with such proceedings, including attorney' s fees . 9 . Entire Agreement and ModifiCatiQns . This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof . It may be supplemented by addenda or amendments which have been agreed upon by both parties in writing. Copies of such addenda and amendments shall be attached hereto and by this reference made part of this contract as though fully set forth herein. 6 10 . Admi istration of AQYPement . 10 . 1 The City and County shall each appoint a representative to review compliance with this Agreement and to resolve any conflicts . The City and County shall notify the other in writing of its designated representative . The administrators of the Agreement shall meet as needed. Either party is authorized to convene a meeting with a minimum of ten (lo) calendar days written notice to the other . 10 . 2 Any conflict that is not resolved by the contract administrator within ten (10) working days of the meeting held to discuss the conflict shall be referred to the City Director of Parks and Recreation and the County Director of Parks, who shall resolve the conflict . 11 . Duration. This agreement is effective upon execution by both parties and shall continue in force unless both parties mutually consent in writing to its termination. IN WITNESS WHEREOF, the parties have executed this Agreement . KING COUNTY CITY OF KENT King County Executive Mayor Date Date Approved as to form: Approved as to form: King County City Attorney Deputy Prosecuting Attorney Date Date pksintic.agr 8 KENT Agenda Item: Consent Calendar - 7R TO: City Council DATE: March 20, 2012 SUBJECT: Consolidated Annual Performance Evaluation Report - Authorize MOTION: Approve the 2011 Consolidated Annual Performance and Evaluation Report and authorize the Mayor to submit the report to HUD. SUMMARY: The 2011 Consolidated Annual Performance and Evaluation Report (CAPER) for the City of Kent, Washington is a report to the U.S. Department of Housing and Urban Development (HUD) on the City's activities and accomplishments using Community Development Block Grant (CDBG) and other funds. The report is required by HUD annually and must be submitted by March 31st of each year. The report includes information on how CDBG funds were used to further the goals and strategies of the Consolidated Plan, as well as other activities executed by the City. EXHIBITS: 2011 Consolidated Annual Performance and Evaluation Report RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: None �Ii IIIIIIIIIIIIIIIIIIIIIIIII I�iilllllllllllllllllllllllllllllllllll CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT 2011 li City of Kent Submitted to: US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT Office of Community Planning and Development Seattle Federal Office Building 909 First Avenue, Suite 300 Seattle, WA 98104-1000 Prepared by: CITY OF KENT Parks, Recreation & Community Services Department Housing and Human Services Division 220 Fourth Avenue South Kent, WA 98032 WASMIHOTON CITY OF KENT Suzette Cooke, Mayor John Hodgson, Chief Administrative Officer Jeff Watling, Parks, Recreation & Community Services Director Katherin Johnson, Housing & Human Services Manager CITY COUNCIL Dennis Higgins, Council President Elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les Thomas HUMAN SERVICES COMMISSION Oriana Pon, Commission Chair Deborah Ranniger, City Council Member Alina Amkhavong, Commissioner Gina Bellisario, Commissioner Bill Hallerman, Commissioner Michael Heinisch, Commissioner Stewart Kunzelman David Ott, Commissioner Oriana Pon, Commissioner Wade Schwartz, Commissioner Ted Schwarz, Commissioner LEAD STAFF Dinah R. Wilson, CDBG Coordinator TABLE OF CONTENTS .............................................................................................................................................................................................................................................................................................................. I.EXECUTIVE SUMMARY........................................................................................................................1 STRATEGIES AND OBJECTIVES.......................................................................................................1 FUNDING DECISIONS..........................................................................................................................4 2011 CDBG PROJECTS...................................................................................................................5 II. GENERAL NARRATIVE.......................................................................................................................6 A. ASSESSMENT OF OBJECTIVES AND STRATEGIES.............................................................6 Decent Housing Strategies..........................................................................................................6 Suitable Living Environment Strategies............................................................................. 10 Economic Opportunities Strategies...................................................................................... 15 B. AFFIRMATIVELY FURTHER FAIR HOUSING:WHAT ACTIVITIES WERE TAKEN 16 C. EVALUATION OF AFFORDABLE HOUSING OBJECTIVES..............................................18 D. CONTINUUM OF CARE............................................................................................................22 E. LEVERAGING RESOURCES.....................................................................................................24 F. CITIZEN COMMENTS...............................................................................................................24 G. LEAD-BASED PAINT COMPLIANCE....................................................................................24 H. SUB-RECIPIENT MONITORING AND TRAINING.............................................................25 I. SELF-EVALUATION..................................................................................................................25 III: CDBG PROGRAM NARRATIVE....................................................................................................27 A. 2011 CDBG PROJECTS............................................................................................................27 B. RELATIONSHIP ASSESSMENT: CONSOLIDATED PLAN PRIORITIES,NATIONAL OBJECTIVE AND ONE YEAR ACTION PLAN..............................................................................29 C. PROGRAM OBJECTIVE CHANGES........................................................................................30 D. EFFORTS ASSESSMENT: ONE YEAR ACTION PLAN.......................................................30 E. EXPLANATION REGARDING ACTIVITIES INVOLVING ACQUISITION, REHABILITATION,OR DEMOLITION OF OCCUPIED REAL PROPERTY AND HOW RELOCATION WAS ACCOMPLISHED..........................................................................................33 F. ECONOMIC DEVELOPMENT ACTIVITIES WHERE JOBS WERE NOT TAKEN BY LOW/MODERATE-INCOME PERSONS........................................................................................33 G. REPORT REGARDING LOAN REPAYMENTS.....................................................................33 CONCLUSION...........................................................................................................................................33 ATTACHMENT A.................................................................................. Error! Bookmark not defined. INFORMATION FROM HUD'S INTEGRATED DISBURSEMENT AND INFORMATION SYSTEM (IDIS)FOR PROGRAM YEAR 2011...........................Error! Bookmark not defined. ATTACHMENT B.................................................................................. Error! Bookmark not defined. COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)AND HUMAN SERVICES GENERAL FUND ALLOCATIONS FOR PROGRAM YEAR 2011...........Error! Bookmark not defined. Public Notice.................................................................................... Error! Bookmark not defined. Council Minutes.............................................................................. Error! Bookmark not defined. City of Kent: 2011 CDBG Public Service Allocations......Error! Bookmark not defined. 2011 CDBG Capital Funding Allocations............................Error! Bookmark not defined. 2011 Planning and Administration.....................................Error! Bookmark not defined. 2011 CDBG Funding Summary..............................................Error! Bookmark not defined. 2011 CDBG Public Services Contingency Plan.............Error! Bookmark not defined. 2011 CDBG Capital Contingency Plan..............................Error! Bookmark not defined. City of Kent: 2011 General Fund Allocations...............Error! Bookmark not defined. Public Notice..................................................................................Error! Bookmark not defined. Parks and Human Services Council Committee Minutes...........Error! Bookmark not defined. Council Minutes............................................................................Error! Bookmark not defined. I. EXECUTIVE SUMMARY .............................................................................................................................................................................................................................................................................................................. As a prerequisite for receiving Community Development Block Grant (CDBG) funding, the City of Kent (hereinafter referred to as the City) developed a Five-Year Consolidated Plan for Housing and Community Development for the period of 2008 — 2012. Each year the City executes specific actions to implement the Strategies and Objectives of the Consolidated Plan; actions are outlined in the Annual Action Plan. The purpose of this report, which is called the Consolidated Annual Performance and Evaluation Report (CAPER), is to inform the U.S. Department of Housing and Urban Development (HUD) and the community of the activities and accomplishments derived from the investment of CDBG and other resources for the 2011 program year, which covers the period January 1, 2011 to December 31, 2011. In 2011, HUD allocated $709,675 in CDBG funds to the City. (An additional $828,643 in funds allocated from the City's General Fund budget was used in conjunction with CDBG funds to provide for a wide range of human services and affordable housing needs.) The City successfully executed the activities outlined in the 2011 Action Plan by investing its CDBG funds in the following activities: public services, rehabilitation, micro-enterprise assistance, and human services planning and administration. Because the City is cognizant that collaboration allows for visionary planning and comprehensive development of services that respond to the needs of City residents and the regional community, staff worked closely with regional municipalities, King County, state government, United Way of King County, and other non-profit organizations to build a strong community safety net. STRATEGIES AND OBJECTIVES The City Strategies and Objectives of the Consolidated Plan are as follows: DECENT HOUSING STRATEGIES Objective 1: Enhance availability of decent housing for low/moderate-income residents. ♦ Strateaies a) Work with public, private and non-private partners to increase funding and leverage resources to increase access to affordable housing. b) Invest in programs that help to maintain the existing stock of affordable housing. c) Invest in programs that support the ability of homeowners to stay in their own homes. d) Encourage local incentives for developers to create affordable housing. Objective 2: Invest in services and facilities that prevent homelessness and ensure that service-enriched services are provided when homelessness occurs. ♦ Strategies a) Actively support regional and sub-regional efforts to provide a coordinated continuum of housing and services for the homeless that meet the needs of Kent and South King county residents. b) Support a variety of appropriate options for individuals with special needs. c) Support efforts to move people from shelters and transitional housing to permanent housing when appropriate. d) Support human services programs that address the needs of homeless persons. SUITABLE LIVING ENVIRONMENT STRATEGIES Objective 1: Enhance a suitable living environment. ♦ Strategies a) Increase inclusion of immigrants and refugees and people of color in the life of the Kent community by supporting efforts to leverage resources and increase access to services for immigrants and refugees. b) Invest funds in programs that are located in neighborhoods with a large number of low-income residents. c) Support collaboration between human services agencies to achieve efficiency, co-location of services, and reduction in human services costs. d) Support programs that enhance or increase culturally appropriate and culturally specific services. Objective 2: Create a community that supports healthy individuals and families. ♦ Strateaies a) Support programs that encourage healthy lifestyle behaviors, including helping children maintain healthy body weight. b) Increase accessibility to recreational opportunities by encouraging the location of programs in neighborhoods and neighborhood centers. c) Enhance access to low-cost medical services for low/moderate- income individuals. ECONOMIC OPPORTUNITIES STRATEGIES Objective 1: Increase employment opportunities for low/moderate- income persons and the long-term unemployed. ♦ Strateaies a) Encourage and promote employment opportunities for all residents, including youth. b) Support programs that remove or decrease barriers to education and employment for low-income individuals. c) Support training and counseling programs that teach people how to start and expand small businesses such as micro-enterprises that employ five or less employees, one of whom owns the business. d) Support job readiness and job retraining programs. e) Encourage services that support employees in maintaining or advancing their employment opportunities including, but not limited to, transportation and childcare. Objective 2: Promote financial well-being. ♦ Strateaies a) Fund programs that educate residents on how to manage money and establish good credit. b) Support programs that teach residents how to avoid the pitfalls of predatory lending practices. c) Support the financial literacy education to promote and sustain homeownership. FUNDING DECISIONS The City's ten-member Human Services Commission (the Commission also includes a non-voting City Council member), a citizen's advisory body to the City Council, reviews the human service issues of the Kent community on an ongoing basis and recommends funding allocations based on the current needs. In 2011, the City funded two (2) capital projects and five (5) public services projects. The reminder of the City CDBG allocation was applied to Planning and Administration (P &A) activities. Examples of P &A activities include staff support to the Kent Cultural Diversity Initiative Group (KC-DIG) and education and outreach to affirmatively further fair housing. The following is a list of 2011 funded projects: 2011 CDBG PROJECTS PROJECT NAME ACTIVITY CDBG ALLOCATION Catholic Community Funds used to provide shelter and case $10,000 Services: Katherine's management services to homeless, single women House who resided in Kent prior to their homelessness. City of Kent: Home Rehabilitation: Funds used to rehabilitate housing $438,789 Repair Program that is owned and occupied by low/moderate- income families residing in the City of Kent. City of Kent: Planning & P &A: Funds used to administer the City of Kent $141,935 Administration CDBG projects and engage in planning activities. HealthPoint: Healthcare Public Services: Funds used to provide primary $ 10,000 for the Homeless care and nursing services to homeless adults and children who reside in transitional shelters- services also available at the Kent Community Health Center. Multi-Service Center: Public Services: Funds used to provide housing $ 50,812 Housing Stability stability grants which are used to prevent eviction and/or assist low-income individuals with move-in costs. Refugee Women's Public Services: Funds used to provide case $ 15,305 Alliance: Case management and emergency assistance housing Management and and utility grants to immigrants and refugees to Emergency Assistance residing in Kent. Washington CASH: Kent Micro-enterprise: Funds used to provide business $ 22,500 Micro-enterprise training and business development services to Initiative low/moderate-income women, people with disabilities and other under-served individuals. YWCA: Anita Public Services: Funds used to provide $20,334 Vista Transitional transitional shelter and case management Housing services to domestic violence survivors. TOTAL: $709,675 II. GENERAL NARRATIVE .............................................................................................................................................................................................................................................................................................................. A. ASSESSMENT OF OBJECTIVES AND STRATEGIES .. ......... ......... ......... ......... ......... ......... ......... ......... .................. DECENT HOUSING STRATEGIES .. ......... ......... ......... ......... ......... ......... ......... ......... .................. Objective 1: Enhance availability of decent housing for low/moderate-income residents. The following initiatives were instrumental in helping the City execute strategies to obtain Objective 1: ♦ Strategies a) Work with public, private and non-private partners to increase funding and leverage resources to increase access to affordable housing. • Participated in the King County Housing Development Group. This group met to discuss new projects or funding sources that were available for homeless services within King County. • Participated in the South King County Human Services Planners Group. This group collaborated together to ensure that funding was available for vital human services programs. • Used a portion of Neighborhood Stabilization funds to purchase and rehabilitate a third house in Kent. This allowed Habitat for Humanity to leverage private funds from Thrivent Financial Corp for Lutherans for the balance of the purchase price for the property. b) Invest in programs that help to maintain the existing stock of affordable housing. In 2009, the City of Kent received $475,264 in Neighborhood Stabilization Program Funds (NSP) through the Housing and Economic Recovery Act of 2008. The Washington State Department of Commerce administers the NSP grant. In 2010, the City used Neighborhood Stabilization Program Funds to begin implementation of its Move to Housing Program (MTH). The City partnered with Habitat for Humanity of Seattle/South King County to purchase and rehabilitate three (3) foreclosed residential properties on the East Hill of Kent. Three families who were on the Habitat for Humanity waiting list to purchase homes for large families in Kent successfully purchased the properties. • Allocated $438,789 in CDBG funds to the Home Repair Program to support the existing level of homeownership in Kent. • Conducted a performance audit and client satisfaction survey to evaluate the effectiveness of the Home Repair Program. • Worked regionally to improve home repair policies by participating on regional policy committees. c) Invest in programs that support the ability of homeowners to stay in their own homes. • Continued to actively enforce code provisions requiring mobile home park owners to submit a relocation report and plan to the Human Services Division prior to issuing eviction notices to tenants who must relocate due to closure, change of use, or a zoning re-designation. • Allocated $50,812 in CDBG funds to the Multi-Service Center to provide housing stability grants to low-income families to support move-in costs and to prevent eviction. d) Encourage local incentives for developers to create affordable housing. Staff consulted with affordable housing planners on local incentives to encourage developers to create affordable housing. Objective 2: Invest in services and facilities that prevent homelessness and ensure that service-enriched services are provided when homelessness occurs. The following actions were implemented to help the City execute Objective 2: ♦ Strategies a) Actively support regional and sub-regional efforts to provide a coordinated continuum of housing and services for the homeless that meet the needs of Kent and South King county residents. Continued providing staff support to efforts such as Safe Harbors (a homeless management information system) and the Committee to End Homelessness. • Continued staff participation in the Regional Affordable Housing Program application review process. • Participated in grant review committees that made recommendations for funding to affordable housing and other programs that prevent homelessness. • Staff facilitated the South King County Forum on Homelessness (SKCFH). The SKCFH is an organization supported by SKC service providers which promotes networking and the coordination of activities to end homelessness. • Staff participated in the Mid-Term Review of the Ten-Year Plan to End Homelessness. b) Support a variety of appropriate options for individuals with special needs. • Allocated $65,000 in General Funds to DAWN to support the Domestic Violence Continuum of Services. • Allocated $20,334 in CDBG funds to the YWCA to provide transitional and case management services to homeless domestic violence survivors and their children. c) Support efforts to move people from shelters and transitional housing to permanent housing when appropriate. • South King County (SKC) service providers, representatives of local government, and funders continued to implement the South King County Response to Homelessness: A Call for Action. The SKC plan includes strategies designed to address the unique issues creating homelessness in SKC and is guided by the King County Plan to End Homelessness, which supports efforts to move people from shelters and transitional housing to permanent housing when appropriate. • Participated in grant review committees that recommended funding to housing programs that move people from shelters and transitional housing to permanent housing when appropriate. • Allocated $15,000 to Jewish Family Services Immigrant/Refugee Service Centers to provide case management services to formally homeless families living at Appian Way Apts. The program focuses on achieving family stability, self-sufficiency, and success in permanent housing. d) Support human services programs that address the needs of homeless persons. • Allocated $10,000 in CDBG funds to Catholic Community Services to support a shelter for homeless women with chemical addictions, while providing case management to help them gain self-sufficiency, end homelessness and maintain sobriety. • Allocated $40,000 in General Funds to Catholic Community Services to support Homeless Service Programs. • Allocated $10,000 in General Funds to Watson Manor, a transitional housing program for adolescent teenagers and their children. • Allocated $10,000 in CDBG funds to Health Point, Healthcare for the Homeless Project, to provide primary care and nursing services to homeless families and individuals living in transitional housing. • Allocated $10,000 in General Funds to Intercommunity Mercy Housing, Homeless Case Management. SUITABLE LIVING ENVIRONMENT STRATEGIES Objective 1: Enhance a Suitable Living Environment The following actions were taken under strategies that the City used to achieve Objective 1: ♦ Strategies a) Increase inclusion of immigrants and refugees and people of color in the life of the Kent community by supporting efforts to leverage resources and increase access to services for immigrants and refugees. • Continued to provide technical assistance and community linkages to non-profits that provide assistance to immigrants and refugees who reside in Kent. This included researching and providing information to the Kent Cultural Diversity Initiative Group on foundations that issue grants to support organizations that specialize in advocating and working on issues that impact refugees and immigrants. • City staff, staff from the Seattle Foundation Neighbor to Neighbor Fund, and staff from South King Council of Human Services provided technical assistance to two organizations that needed assistance in applying for small grants to serve refugees in Kent. • Staff facilitated Preserving and the Strengthening Specialized Community Organizations Group (PSSCOs). PSSCOs was organized to develop a strategy for contributing to the long- term viability of small and emerging organizations that specialize in providing human services to Kent immigrant and refugee communities. As a first step, PSSCO conducted Capacity Assessment interviews with several specialized community organizations. • Begin developing an Immigrant/Refugee Human Services Resource Guide. • Staff consulted with staff within the Parks Planning and Development Division on best practices for conducting focus groups within communities of color, especially immigrant and refugee communities, for the Communities Putting Prevention to Work grant. • Provided staff support to the Kent Cultural Diversity Initiative Group (KC-DIG). The KCDIG consists of service providers and community members who have cultural and language-specific expertise working with immigrants and refugees. The group meets monthly and works toward influencing policy, enhancing collaboration, leveraging resources, developing a closer relationship with the City of Kent, and serving as a resource within the community. • KC-DIG, which is staffed by Human Services Division staff, received the President's Award from the South King Council of Human Services for bringing together community programs that serve immigrants and refugees. • Staff participated on the King County Mobility Coalition Refugee and Immigrant Elders Transportation Sub-committee. The Sub- committee received a national grant to reach out to newly arrived refugee and immigrant elders and their families and convened ten (10) community conversations and then held a Transportation Summit. Guided by information learned during community conversations and the transportation summit, the Sub-committee contracted with a videographer to create a multi-lingual series of three (3) travel instructions videos covering the following topics: Riding the Bus, Paying to Ride the Bus and Light Rail, and Other Ways to Travel. The videos are in English and seven additional languages - Spanish, Russian, Amharic, Somali, Burmese, Nepali, and Tigrinya. Copies of the videos will be provided to community organizations and to local government. • Staff participated on the King County Funders Committee. This Committee meets monthly and focuses on two issues: (1) alignment of local funding; and (2) advocacy for racial and social justice in philanthropy. b) Invest funds in programs that are located in neighborhoods with a large number of low-income residents. Allocated $15,000 in General Funds to Kent Youth and Family Service Head Start and Early Childhood Education and Assistance Program (ECEAP) Preschool Programs. c) Support collaboration between human services agencies to achieve efficiency, co-location of services, and reduction in human services costs. • Continued staff support to the Alliance Center, the one-stop facility for human services programs that is located in Kent. • Facilitated linkages between established agencies and newly formed non-profits/grassroots agencies. Facilitated a meeting between the Mayor's Office and KC-DIG where organizations were informed of an opportunity to collaboratively respond to a request to lease the City of Kent Resource Center. d) Support programs that enhance or increase culturally appropriate and culturally specific services. • Allocated $15,305 in CDBG funds to Refugee Women's Alliance's Emergency Assistance Program to provide case management and emergency assistance housing and utility grants to immigrants and refugees residing in Kent. • Allocated $10,000 in General Funds to the Ukrainian Community Center to assist refugee families in overcoming barriers to self- sufficiency by providing immediate assistance to families through advocacy and case management. Objective 2: Create a community that supports healthy individuals and families. The following actions were taken under strategies that the City used to achieve Objective 2: ♦ Strategies a) Support programs that encourage healthy lifestyle behaviors, including helping children maintain healthy body weight. • Allocated General Funds in the amount of $70,000 to Kent Food Bank and Emergency Services to provide emergency food bags and emergency assistance to needy individuals and families residing in Kent. • Increased the number of scholarships available to residents with limited resources who wish to participate in recreational activities. • Continued consultation with Kent Pool staff on best practices for serving immigrant and refugee swimmers at the bi-monthly "Women Only" swim for women who for religious/cultural reasons prefer a segregated swim. • Provided staff support on the Communities Putting Prevention to Work Grant (CPPW). The objective of the CPPW grant is to provide funding for projects related to the goal of decreasing obesity and increasing access to healthy foods. b) Increase accessibility to recreational opportunities by encouraging the location of programs in neighborhoods and neighborhood centers. Continued to work with Parks Department staff on exploring the possibility of expanding recreational opportunities to low/moderate-income neighborhood centers. c) Enhance access to low-cost medical services for low/moderate- income individuals. • Allocated $45,000 in General Funds to Health Point to provide primary medical and dental services to low/moderate-income individuals. • Allocated $15,143 in General Funds to the Seattle-King County Department of Public Health — South King County Mobile Medical Program Home Repair Program staff distributed English and Spanish versions of the Healthy Home Informational booklets to Kent households. The booklet provides tips on how to create and maintain a healthy and safe home. ECONOMIC OPPORTUNITIES STRATEGIES Objective 1: Increase employment opportunities for low/moderate- income persons and the long-term unemployed. The following actions were taken under strategies that the City used to achieve Objective 1: ♦ Strategies a) Encourage and promote employment opportunities for all residents, including youth. • Continued to partner with Evergreen Community Development Corporation, a non-profit certified by the Small Business Administration to make 504 loans, by writing support letters for existing and new businesses seeking loans to purchase their own real estate. When local businesses own their own property, this leads to business stability. • Encouraged redevelopment/investment in low/moderate-income neighborhoods through the use of the New Market tax Credits. • Recruited businesses to connect Kent teenagers to jobs through coordination of the Teen Job Fair. b) Support programs that remove or decrease barriers to education and employment for low-income individuals. • Facilitated collaboration between manufacturing businesses and the Kent School District on youth job training and/or internship programs by helping to mitigate insurance/risk concerns. • Participated in the Community Center for Education Results (CCER) which works with communities and organizations in South Seattle and South King County to increase student achievement from early education through college. c) Support training and counseling programs that teach people how to start and expand small businesses such as micro-enterprises that employ five or less employees, one of whom owns the business. Allocated $22,500 in CDBG funds to Washington CASH to provide business training and loan fund services for low-income women, people with disabilities and other under-served individuals to develop new micro-enterprise businesses. d) Support job readiness and job retraining programs. Allocated $35,000 in General Funds to Washington Women's Employment and Education (WWEE) to provide computer training and a job readiness class to low-income Kent residents. e) Encourage services that support employees in maintaining or advancing their employment opportunities including, but not limited to, transportation and childcare. • Allocated $26,000 in General Funds to Child Care Resources to provide childcare vouchers to low/moderate-income families who work or pursue education to enhance their job opportunities. • Participated on the King County Mobility Coalition Accessible Transportation Coalition and worked with the Sub-committee on Outreach and Under-served populations to increase access to transportation services. Objective 2: Promote financial well-being. The following actions were taken under strategies that the City used to achieve Objective 2: ♦ Strategies a) Fund programs that educate residents on how to manage money and establish good credit. b) Support programs that teach residents how to avoid the pitfalls of predatory lending practices. Provided education materials on how to avoid predatory lending in the Human Services Office. c) Support financial literacy education to promote and sustain homeownership. Distributed fair housing materials at community events and during training provided to landlords. B. AFFIRMATIVELY FURTHER FAIR HOUSING: WHAT ACTIVITIES WERE TAKEN The City continues to monitor compliance with the Fair Housing Act and to respond appropriately to alleged violations; complaints are referred to the Washington State Human Rights Commission for resolution. In 2004, the City hired a consultant to complete its first Analysis of Impediments to Fair Housing Choice (AI) as a direct entitlement City. The AI was completed in 2005. The Fair Housing Consultant identified three impediments and made two recommendations which fall under the City's authority. The two recommendations were: • Expand current education and outreach efforts; and • Target homeownership and lending marketing to African American and Hispanic households. The following actions were taken by the City to implement the Fair Housing Consultant's recommendations and to affirmatively further fair housing: • The City continued to implement recommendations from the Analysis of Impediments (AI) to Fair Housing Choice report. One of the recommendations of the AI was to target homeownership and lending marketing to African American and Hispanic households. Habitat for Humanity, the contractor the City partnered with on the Neighborhood Stabilization Program grant, has a history of targeting these populations. • The City used NSP funds to purchase and rehabilitate three foreclosed homes that were sold to income-eligible homebuyers of African descent who were on the Habitat for Humanity waitlist for large homes. • The City provided access to a Fair Housing pamphlet entitled Fair Housing — It's Your Right via its website. • Staff distributed fair housing informational materials at City- sponsored crime prevention training and resource fairs. C. EVALUATION OF AFFORDABLE HOUSING OBJECTIVES As noted in the 2008 — 2012 City of Kent Consolidated Plan, the City of Kent's comprehensive plan is consistent with the Countywide Planning Policies that include guidelines to support housing affordability. The Countywide Planning Policies require that all jurisdictions "provide for a diversity of housing types to meet a variety of needs and provide for housing opportunities for all economic segments of the population." The policies further call on all jurisdictions to participate in an equitable distribution of low-income and affordable housing throughout the County. The City adopted a range of strategies to encourage affordable housing and to remove barriers to affordable housing development. This report highlights the following strategies: • Maintaining the existing stock of affordable housing; • Increasing housing stabilization for those who are at risk of becoming homeless; and • New funds for affordable housing Maintaining Existing Stock of Affordable Housing Home Repair Program The City of Kent has an existing stock of smaller, older, and more affordable homes. Most are located adjacent to the downtown core. The City preserved this housing through the Home Repair Program and other investments. In addition to preserving housing, the City's investment averted the expenditure of new development costs on the same location. Neighborhood Stabilization Program Neighborhood Stabilization Program funds were provided by the federal government to strengthen communities with a high number of foreclosures and abandoned properties. NSP funds also helped the City to maintain the existing stock of affordable housing because homes were sold to low/moderate-income eligible families who received zero interest loans. Mortgage payments are entered into a fund that will allow Habitat for Humanity to purchase additional affordable housing. In addition, a fifteen-year covenant of affordability was signed by each homebuyer. Units Preserved Through City of Kent Home Repair Program and City of Kent Fire Department Fall Prevention: Rehabilitation Assistance ............................................................................................................................................................................................................. City of Kent: Home Repair Program New Households Assisted: 92 .................................................................................................................................................................................................................................................................................................................... D uutcorrme/D bpectiive: Enhanced accessibility to decent housing by providing rehabilitation assistance and health and safety repairs to 92 touur1moderate-income Kent households. ........ ......... ..... TABLE 3B: ANNUAL HOUSING COMPLETION GOALS Resources used during 2011 __ Ann ual :Actual COBS BONE E HOPWA Expected Number S Number Completed G Completed ..........w.. . ....................................................................................................................................................... ANNUAL AFFORDABLE HOUSING GOALS (SEC, 215) Homeless Households 13 29 X Noce-homeless households Special Needs Households ANNUAL AFFORDABLE RENTAL HOUSING GOALS (SEC, 215) Acquisition of existing units Production of new units ❑ ❑ Rehabilitation of existing units Rental Assistance Total Sec.. 215 Affordable Rental ANNUAL AFFORDABLE OWNER HOUSING GOALS (SEC, 215) Acquisition of existing units Production of new units ❑ ❑ Rehabilitation of existing units 80 92 X Homebuuyer Assistance Total Sec„ 215 Affordable ❑ Owner ANNUAL AFFORDABLE HOUSING GOALS (SEC, 215) Acquisition of existing units Production of new units ❑ ❑ Rehabilitation of existing units Homebuuyer Assistance Total Sec.. 215 Affordable Housing ANNUAL HOUSING GOALS Annual Rental IHousing Goall Annual Owner Housing Goal Total Annual IHousing Goal 93 155 X ...................................................................................................................................................................................................................................................................................................................................... Increasing Housing Stabilization for Those Who are Homeless or at Risk of Becoming Homeless Multi-Service Center Housing Stability Program The City of Kent had an increasing number of residents who experienced financial emergencies that placed them at risk for eviction or who lacked the funds to pay for move-in costs. Through the Housing Stability Program, residents secured the funds to remain in housing or to pay a security deposit and other costs to lease a home. Housing Stability Provided to Individuals Who Were Homeless or at Risk of Becoming Homeless 2011 2011 Persons Projected to Assist: 47 Persons Actually Assisted: 421 2011 Outcome/Objective Multi-Service Center Housing Addressed the need to sustain Stability Program a suitable living environment and prevent homelessness by providing housing stability grants to 42 low/moderate- income individuals. New or Level Funds for Affordable Housing - 2011 Kina County Stadium Bonds This measure, which includes funds for affordable housing, was extended. 1 Prior to the end of 2011, HUD notified the City that its CDBG allocation would be reduced by 16.4%, and this reduction was absorbed by programs funded by the City. Consequently, this program did not receive sufficient funds to meet initially contracted goals. D. CONTINUUM OF CARE The City of Kent participates regionally with the Seattle/King County Continuum of Care for the application and distribution of HUD funds for homeless programs through McKinney funds, Emergency Shelter Grant (ESG) and HOME funds. In addition to regional participation, the City takes action on its own to support a continuum of services for homeless individuals. In 2011, the City supported a number of programs that provided assistance to homeless persons and persons requiring supportive housing. Support for these programs came from a combination of City General Fund and CDBG resources. Included were: 0 Catholic Community Services: homeless service programs 0 City of Kent Housing & Human Services Division — resource & referral services, including bus tickets, and client advocacy/referrals 0 HealthPoint: Healthcare for the Homeless — nursing services to homeless individuals residing in transitional and domestic violence shelters located in the Kent area 0 Catholic Community Services: Katherine's House Program - shelter and case management services to homeless, single women who resided in Kent prior to their homelessness 0 DAWN: Domestic Violence Shelter Program — DV continuum of services 0 Home Repair Program - grants for health and safety-related repairs for low/moderate-income homeowners 0 Intercommunity Mercy Housing — homeless case management 0 Jewish Family Services: Immigrant/Refugee Service Centers - case management services to formally homeless families in Appian Way Apartments 0 Kent Food Bank - emergency financial assistance and food bags 0 Kent Youth and Family Services Watson Manor - transitional housing for parenting teens 0 King County Sexual Assault & Resource Center - services provided to sexual assault survivors 0 Multi-service Center Emergency Assistance - emergency assistance to low-income Kent individuals and families 0 Multi-service Center Housing Continuum Services - emergency shelter services, transitional housing services, rent assistance, and homeless prevention services for Kent residents 0 Multi-service Center Housing Stability - grants to prevent eviction or to assist with move-in costs 0 Seattle-King County Department of Public Health — healthcare for homeless persons via the South King County Mobile Medical Program 0 YWCA - transitional shelter and case management services for domestic violence survivors E. LEVERAGING RESOURCES In 2011, CDBG funds were used in conjunction with $828,643 in local funds to address human services needs. Community agencies report that for every $1 provided by the City of Kent, another $7 is leveraged. Community agencies receive the balance of their funding from other federal agencies, the State of Washington, King County, local municipalities, United Way and other charitable giving campaigns, foundations, private donations and fundraising. Because of the economic recession, funding reductions at federal, state, and local levels continue to seriously impact the stability of the human services system. F. CITIZEN COMMENTS Citizens received a 30-day period to review and comment on the CAPER. Notices were provided via the following mechanisms: • A Public Notice was posted on the City of Kent website on Wednesday, January 25, 2012. A link to the website was provided to non-profits, South King County Planners, and stakeholders in the Kent area. In addition, a link to the electronic notice was provided to participants of the Kent Cultural Diversity Initiative Group and other organizations that have contacts with ethnic/racial minorities, non-English speaking persons, and people with disabilities. • A copy of the Public Notice and the CAPER were posted in the Housing and Human Services office and at City Hall. In addition, citizens were invited to provide comments at a public hearing held at the Housing and Human Services Division on February 16, 2012. The following/no comments were provided. G. LEAD-BASED PAINT COMPLIANCE The following actions were taken by the City to evaluate and reduce the number of housing units containing lead-based paint hazards: • As a general rule, rehabilitation work conducted by Home Repair Program staff does not disturb painted surfaces; and consequently, the City meets the lead-based paint exemption pursuant to 24 CFR 35.115(a)(8). The City determines and documents this exemption. • Home Repair staff used the Lead-Safe Housing Rule Checklist for General Compliance Documentation as a guide to verify compliance with lead-based paint rules; a Lead-Safe Housing Rule Applicability Form was completed on every Home Repair client. H. SUB-RECIPIENT MONITORING AND TRAINING The CDBG Program Coordinator monitored CDBG-funded programs throughout the year by reviewing quarterly reports and consulting with programs to address issues that needed clarification. While most issues were resolved satisfactorily, programs were informed that the failure to comply with contractual requirements and regulations could result in remedial actions and/or the termination of funding. The City conducts periodic site visits. Site visits provide an opportunity for staff to congratulate programs on successes, to provide technical assistance on challenging issues, and to issue findings if programs are found non-compliant. I. SELF-EVALUATION The preponderance of CDBG and human services expenditures were used to support the wide continuum of services that are essential to the Kent community and the South King County region. The City met its requirements for housing development and affordable housing pursuant to the King County Growth Management Planning Policies adopted by the region in 1993. The City's ten-member Human Services Commission, a citizen's advisory body to the City Council, reviews the human service issues of the Kent community on an ongoing basis and recommends funding allocations based on the urgent needs, along with an eye toward self- reliance and prevention. Significant issues that the Human Services Division/CDBG program faced in 2011 included the following: • High unemployment; • A significant number of foreclosures due to the economic downturn; • Increased poverty; • Loss of public assistance due to cuts implemented by the Washington State Legislature; • An increase in the Kent population due to annexation and the number of new arrivals moving to Kent; • An increase in the need for emergency services such as food assistance, utility assistance, housing assistance, etc. • A decrease in funding available to non-profits serving Kent residents; • Cuts to CDBG and other federal programs due to cuts implemented by the United States Congress; • A decrease in funds available for food assistance; and • More demand than the available supply of affordable housing. CITY'S RESPONSE TO ISSUES The City's response to these issues included the following initiatives: • Targeted outreach about Home Repair Program to residents in the annexed area of the City; • Continued staff support to the Kent Cultural Diversity Initiative Group; • Conducted a Capacity Assessment on organizations that specialize in assisting new arrivals; • Continued staff support to regional efforts to end homelessness; • Continued to provide emergency food bags, bus tickets, and clothing to walk-in residents; • Awarded General Funds to Jewish Family Services for Refugee/Immigrant Employment services; • Allocated CDBG funds to Refugee Women's Alliance for case management and emergency assistance; and • Allocated General Funds to the Ukrainian Community Center to assist refugee families in overcoming barriers to self-sufficiency by providing immediate assistance to families through advocacy and case management. III: CDBG PROGRAM NARRATIVE .............................................................................................................................................................................................................................................................................................................. A. 2011 CDBG PROJECTS The City of Kent supports housing and human services agencies with funds for on-going programming; e.g., feeding programs, medical services, housing stability; etc., through its CDBG entitlement. It is the City's policy to support human service programs that meet one of the City of Kent's funding priorities. A total of $709,675 in CDBG funds was awarded in 2011. The following organizations were supported by the CDBG Program (a complete list of agencies supported by the City's CDBG and General Fund is attached): Capital ProjectSZ Rehabilitation • City of Kent: Home Repair Program-$438,789 Funds used to rehabilitate housing that is owned and occupied by low/moderate-income families residing in the City of Kent. Micro-enterprise Assistance • Washington CASH: Kent Micro-Enterprise Initiative-$22,500 Funds used to provide business training and business development services to low/moderate-income women, people with disabilities and other under-served individuals. Public Services • Catholic Community Services: Katherine's House-$10,000 Funds used to provide shelter and case management services to homeless, single women who resided in Kent prior to their homelessness. • HealthPoint: $10,000 Funds used to provide nursing services to homeless adults and children who resided in transitional shelters; services also provided at the Kent Community Health Center. • Multi-service Center: Housing Stability-$50,812 Funds used to provide housing stability grants to low-income or homeless individuals to prevent eviction or to assist with move-in costs. • Refugee Women's Alliance: Case Management and Emergency Assistance-$15,305 Z Funding was approved by City Council on November 2, 2010. Funds used to connect Kent immigrants and refugees to linguistically/culturally appropriate information and services. YWCA: Transitional Housing-$20,334 Funds used to provide transitional shelter and case management services to domestic violence survivors. Planning and Administration City of Kent: Parks, Recreation and Community Services Department, Housing and Human Service-$141,9351 Funds used to administer City of Kent CDBG projects and to engage in planning activities. B. RELATIONSHIP ASSESSMENT: CONSOLIDATED PLAN PRIORITIES, NATIONAL OBJECTIVE AND ONE YEAR ACTION PLAN Process for Determining Which Organizations Receive Funds CDBG funds and the $828,643 allocated from the City's General Fund provide the foundation for the City's efforts in public services-related funded. The combined funds are allocated by the City Council based on recommendations by the City's Human Services Commission. The Commission reviews the data from a number of assessments, demographic reports and plans to develop priorities for funding, and then calls for applications from the community. Applications for capital-related needs are also sought from human services agencies; e.g., renovation of office or counseling space, projects to acquire/preserve affordable housing, acquisition or property to build a health facility for low/moderate-income patients, etc. Only CDBG funds may be expended on capital projects. After a screening process, the City employs the following three-prong analysis to determine which programs receive CDBG funding: (1) Does the service or need fall within a City of Kent funding priority3; (2) Is the service or need an eligible activity; and (3) Does the service or need meet a national objective? The three national objectives are activities benefiting low/moderate-income persons, activities which aid in preventing or eliminating slums or blight, or activities meeting community development needs that have a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources do not exist to meet such needs. In 2011, all CDBG funds were used exclusively to meet the national objective of benefiting low/moderate-income persons. CDBG Program Funding Cap Rules governing the CDBG program place a fifteen percent (15%) cap on the amount of funds that may be allocated for public services; the 3The five (5) funding priorities are: • Meeting Community Basics; • Increasing Self-reliance; • Strengthening Children and Families; • Building a Safer Community; and • Improving Health and Well-Being. City expended the maximum amount. For planning and administration, the City spent twenty percent (20%) of its total CDBG allocation, which is the full maximum that is allowed. C. PROGRAM OBJECTIVE CHANGES Program objectives were not modified in 2011. D. EFFORTS ASSESSMENT: ONE YEAR ACTION PLAN A majority of CDBG public service funded projects met or exceeded the performance measures required by contract. Table 3A shows the objectives/outcomes for 2011 CDBG-funded projects. v 0 y E o o c U E 00 00 0 0 a`) 0 O a`) O •• •• ro •• a u n .. au n n n n C_ n O � d Q �a Q = V7 ai V U) U)) K Q ai W W Y 3 V 2: T F Y Y U O V N N O U N vt O Q i0 M V m f Q Ifl .y f I0 C LU It W 9 r 9 = N !`ram N u u a J �' Q m .. r O. u 2: T F O. w T y U x N u m O O x in O W '9 ca a a J Y Y Q Z o Z W V S w C O i C Q LL T o� C C � v C V C W W > > > w > w S m V) OW OWO Q LL 9 C N C 9 C w C O O c O V W V 0 J V N V C V V C Z yN W m O O o m O m O E O � E n E n `w n 10 E W ,t E w E E n Em E E > E > > a cz � at at C 0] C m Q U) OLL uV U) OLL uV w • C O�u W CiR _� O U O V C W w U 7 U N w V) w w O 0 i vwi L T w L w ip 0 v L o yLU m - E m - On o� ww U V W C N w D i C —O N y {Yl U U• N '� > '� w O O2 7 U C al . • O o- � m s `w a o • O C o m mmw a) N L C V V E L O V N C W C a) > C V -p a1 E o� O1 m w w - m o 3 E w w w E ._ E y 3 E °� m w 3 w n £ E ow w E o�._ o s O y L ] o w w U C E 0 E L N \ E Y L O W L - V O V E 3i S L w. L o L O W V w O W w .y w d = d J O it 0 O it ul a 9 Y C N N a O u. E O N O 0. U A m u U Q M U) N V u Q N ?� 6 X O W M A N O Y N U � u 0 W 10 � O ^C i0i W V 0 0 C C 0 O U E O C • O � � N • � 9 (7 V1 LL �V N i � • � - W U C C C U i y u O C N u y r v • C - V_ U V V C C O C 0 0 m y v O U N V C W L y V O a C �A V_ J O � E. EXPLANATION REGARDING ACTIVITIES INVOLVING ACQUISITION, REHABILITATION, OR DEMOLITION OF OCCUPIED REAL PROPERTY AND HOW RELOCATION WAS ACCOMPLISHED No CDBG or City funds were expended for activities that required relocation actions in 2011. F. ECONOMIC DEVELOPMENT ACTIVITIES WHERE JOBS WERE NOT TAKEN BY LOW/MODERATE-INCOME PERSONS No economic development activities were undertaken involving the creation/retention of jobs. G. REPORT REGARDING LOAN REPAYMENTS The City did not use CDBG funds to enter into loans. CONCLUSION The City and its funded programs successfully met the needs of the Kent Community in 2011. The community worked collaboratively to make strategic community investments, leverage resources and to respond to ongoing and emerging human services issues. Effective collaboration was even more critical in a year of significant funding cuts. CDBG funds, local funds, and funds from other governmental entities were critical in protecting the safety net in the City and the South King County region. w," Agenda Item: Consent Calendar - 7S TO: City Council DATE: March 20, 2012 SUBJECT: City Art Plan and Five-Year City Art Plan 2012-2016 - Approve MOTION: Approve the 2012 City Art Plan and Five-Year Plan. SUMMARY: The attached City Art Plan details projects for 2012 and lists art expenditures planned for 2012-2016 as part of the 5 year plan. The Visual Arts Committee worked with staff to craft the plan which was approved by the Kent Arts Commission on January 24, 2012. EXHIBITS: City Art Plan and Five-Year Plan and Ordinance No. 2552 RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: None CITY OF KENT Parks, Recreation &Community Services Kent Arts Commission 2012 CITY ART PLAN FIVE YEAR CITY ART PLAN, 2012 - 2016 Ordinance 2552 Approved: Visual Arts Committee Kent Arts Commission City Council Sub-Committee: City Council CITY OF KENT Parks, Recreation &Community Services Kent Arts Commission 2012 CITY ART PLAN New Projects 2012 Budget Community Art Project: KentArts/DIY 35,000 Community Art Project: Cultural Tours & Connections 40,000 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Community Artwork: Youth Training Artwork 2,500 Community Art Project: Site Specific 9,500 Collection Maintenance and Programming 16,831 TOTAL 2012 BUDGET FOR 19026223.66500.4310 $108,831 OTHER EXPENSES Salary &Administration (supplies, professional services, $119,605 maintenance/repair) TOTAL 2012 BUDGET FOR 10006223.4310 $119,605 Total $2 / capita 114,218 x 2 $228,436 Previously Approved Projects Community Artwork: Youth Media Art Project $12,000 Community Artwork: Artist Designed Interpretive Materials $15,000 Community Artwork: Youth Training Artwork $7,500 Community Artwork: Earthworks Bicycle Tour Artwork $50,000 Capital Project Artwork: Municipal Courthouse Artwork $32,500 Subtotal projects in motion 117,000 $345,436 TOTAL 2012 Anticipated Expenditures 2 KENT ARTS COMMISSION 2012 CITY ART PLAN NARRATIVE Project Title: Community Project Artwork: Kent Arts DIY Project Description: Kent Arts DIY would foster inclusiveness by highlighting the talent and creativity of the Kent community. Participants would upload projects to an automated website. Submissions would be reviewed and published on a quarterly basis, with selected projects receiving an honorarium. Projects could fall within the traditional arts (poetry, painting, music); the community arts (culinary arts, fiber arts, metal arts); and the unexpected. Participants would be asked to submit a description of their project that would reveal the "how-to" and inspire other Kent residents to get creative. Estimated Costs: $35,000 Funding Source: 2012 City Art Plan City Partner: Information Techonology Background: Nationally, arts organizations are changing how they interact with the community. Traditionally, we have been presenters but now we also want to provide platforms for collaboration. Kent Arts DIY is a prototype project that will allow the people who live, work and play in Kent to share their creativity with one another. Location: Online Project Title: Community Project Artwork: Cultural Tours & Connections Project Description: There are a variety of opportunities to provide interpretive tours about our cultural and historic resources in Kent in ways that will encourage non- motorized connections. Projects in motion include the Earthworks Tour and the Danny Pierce Walking Tour. This funding would be used to complete these two programs in the historic downtown core, and/or address emerging opportunities. Estimated Costs: $40,000 Funding Source: 2012 City Art Plan City Partner: Public Works, Parks Planning & Maintenance Background: The Earthworks Tour Inaugural Ride is scheduled for June 2, 2012. The majority of the Earthworks Tour will be completed, but in the design process, other opportunities may emerge. Likewise, the artwork for the Danny Pierce Walking Tour is installed, but the interpretive materials and way-finding need to be completed. Location: tbd 3 Project Title: Summer Art Exhibit Purchase Program Project Description: Purchase quality artworks from area artists that enhance the value of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City facilities, helping to beautify Kent. Estimated Costs: $5,000 Funding Source: 2012 City Art Plan City Partner: Facilities Background: The City of Kent Arts Commission collection of portable artwork includes a variety of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit purchase award program. The portable collection introduces art into areas where the community does business. A work environment that includes amenities such as art has been shown to increase productivity and job satisfaction, but the primary purpose is serving the public. Location: City of Kent facilities Project Title: Community Art Project: Youth Training Artwork Project Description: Artwork fabricated and installed by Kent youth. Youth to work with professional teaching artist and potentially a local artisan, helping to beautify Kent. Funding Sources: $2,500 2012 City Art Plan $5,000 2011 City Art Plan $2,500 2010 City Art Plan $16,140 King County VEST Partners: King County and the Kent School District Background: In 2009, the King County Youth Training program partnered with the Kent Resource Center and Kent Arts Commission to create murals on the East Hill and at Glenn Nelson Park, led by teaching artist Louis Chinn. The program was repeated at Kent Meridian High School in 2010 and 2011 without tapping appropriations. This combined funding will allow us the Kent Arts Commission to continue this program in a consulting role in a new location in 2012. Location: to be determined (possibly interior Kent Pool) Proiect Title: Community Art Project: Site Specific Project Description: 4Culture's SITE SPECIFIC program allows us to activate events and spaces with temporary artworks and performances, helping to identify niche, unique aspects of Kent. This year's funding will be used to add music, performance and installations to the Earthworks Tour, as proposed in our NEA grant application. 4 Funding Sources: $9,500 2012 City Art Plan Background: The Kent Arts Commission has regularly partnered with 4Culture on installation and performance art related to City Art events, such as the 25th Anniversary Earthworks Celebration & Reunion and the artwork dedication at Town Square Plaza. Location: to be determined (most likely Herbert Bayer Earthwork, Green River Natural Resources Area) Project Title: Collection Maintenance and Programming Project Description: Projects in-progress include outdoor sculpture maintenance and collection repair, helping to sustain existing assets. Estimated Costs: $16,331 Funding Source: 2012 City Art Plan Background: This fund may be used for maintaining and providing programming for existing artworks. PREVIOUSLY APPROVED PROJECTS Proiect Title: Community Project Artwork: Youth Media Art Project Project Description: Reel Grrls, an award-winning media and technology program, will work with both boys and girls on this project. During the 3-day workshop, 8 youth will explore a public policy issue to foster inclusiveness. The youth will try basic stop- motion animation, use professional video production equipment and learn the process of planning and shooting a video. The finished project will be broadcast ready video for viewing on publically operated stations such as Kent TV 21. It will also be available in smaller segments for streaming via social networking. Estimated Costs: $12,000 Funding Source: 2011 City Art Plan City Partner: Housing & Human Services Background: Previously, this funding was allocated to the Panther Lake Fiber Art Program, but we've determined that the inclusiveness that we wished to foster with the Fiber Arts Program can better be addressed through Kent Arts DIY and partnerships with existing entrepreneurial organizations such as Washington C.A.S.H. We do not wish to duplicate non-profit services. The 2011 partnership with Reel Grrls on Youth Food Security is in-motion and proving to be a success. This funding would allow us to repeat this program in 2012. 5 Location: Media Project Title: Capital Project Artwork: Earthworks Bicycle Tour Artwork Project Description: Parks Cultural Division is leading a cultural tourism project that provides bicycle access to the Green River Earthworks. Multiple, small-scale sculptures and/or other artistic expressions will be located at key points along the bicycle route to increase public use and help with way-finding. Estimated Costs: $50,000 Funding Source: 2011 City Art Plan City Partner: Public Works Background: In 2010, the Kent Cultural Division received a $25,000 grant from the National Endowment for the Arts to create a bicycle tour that connects the Herbert Bayer Earthwork, Robert Morris Earthwork, Green River Natural Resources Area and Lorna Jordan's Waterworks Gardens. Giant sandbags along the levee require closing the Green River Trail to bicyclists in Kent for the next 4-5 years. This tour offers an alternative, destination-based route. Furthermore, rather than allowing Kent to be portrayed as a place to avoid due to the risk of flooding, we can encourages cultural tourism and highlight these artistic solutions to stormwater management. The Earthworks Bicycle Tour Artwork would augment the NEA grant funded signage, interpretive and promotional materials. This project dovetails with King County's Communities Putting Prevention to Work initiative that includes bicycle planning. Location: All along the bicycle route. Project Title: Capital Project Artwork: Artist Designed Interpretive Signage Project Description: Many of our parks have historic significance, including Earthworks, Van Doren and Lake Meridian. This project would inform the community of Kent's past. Additionally, much of the City Art collection is unmarked. Working with local historians, an artist would be hired to research locations; create a "look and feel" for historic and public art signage; fabricate and install the first phase of signage projects Estimated Costs: $15,000 Funding Source: 2011 City Art Plan City Partner: Parks Planning & Maintenance Location: tbd 6 Project Title: Capital Project Artwork: Municipal Courthouse Artwork Project Description: The "Center Separation Barrier Artwork" would be 15 feet 4 inches long and between 36 - 54 inches high. Possible materials include metal, metal mesh or thick safety glass. It could take the form of a screen or a railing. Estimated Costs: $32,500 Funding Source: $30, 700 from the 2008, 2009 and 2010 City Art Plan $ 1,800 from Facilities Courthouse Remodel Budget City Partner: Kent Municipal Court Location: Kent Municipal Courthouse Background: The artwork would replace a rope and stanchion separation at the Court's main entrance. 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. 7 KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2012 - 2016 2012 PROJECTS COSTS Capital Projects Total 108,831 Community Art Project: KentArts/DIY 35,000 Community Art Project: Cultural Tours & Connections 40,000 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Community Artwork: Youth Training Artwork 2,500 Community Art Project: Site Specific 9,500 Collection Maintenance and Programming 119,605 Year Total $228,436 2013 PROJECTS COSTS Capital Projects Total 98,043 Municipal Court Artwork 30,000 Community Artworks 48,043 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 10,000 Administration/Maintenance 126,717 Year Total $228,436 2014 PROJECTS COSTS Capital Projects Total 91,708 Municipal Court Artwork 30,000 Community Artworks 41,708 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 10,000 Administration/Maintenance 133,052 Year Total $228,436 2015 PROJECTS COSTS Capital Projects Total 85,056 Municipal Court Artwork 30,000 Community Artworks 35,056 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 10,000 Administration/Maintenance 139,704 Year Total $228,436 2016 PROJECTS COSTS Capital Projects Total 85,056 Municipal Court Artwork 30,000 Community Artworks 35,056 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 10,000 Administration/Maintenance 139,704 Year Total $228,436 8 ^� ORDINANCE NO. [�,Ssa i AN ORDINANCE of the City of Kent, Washington relating to public art; establishing U a City Art Program, directing establishment of ( IGi guidelines and procedures for administration of the City Art Program; establishing a City Art UJt,v" Fund; adding a new Chapter 2 .35 Kent City Code in conjunction therewith; amending Chapter 2.34 KCC concerning the City of Kent Arts Commission (Sections 1 - 6, Ordinance 1944); repealing KCC 3 .14.368, the Arts Commission Fund (Section 7 , Ordinance 1944) . l I WHEREAS, the aesthetic nature and charm of the City of jJKent shall be enhanced, and the citizens of the City of Kent shall hold and enjoy works of art for the public environment and welfare; and WHEREAS, the City intends to expand the opportunity for Kent residents to experience art in public places and to create a more visually pleasing and humane environment; and WHEREAS, it is appropriate to establish a means whereby the City of Kent Arts Commission shall maintain an orderly acquisition of art by the City of Kent; and I WHEREAS, there shall be a City Art Program which shall consist of Guidelines, Procedures and an Art Plan; NOW THEREFORE, THE CITY COUNCIL OF THE CI'PY OF KENT, WASHZNGTON DOES HEREBY ORDAIN AS FOLLOWS: I Section 1. A new Chapter 2 .35 is added to the Kent City Code, as follows: i I CITY ART PROGRAM I i 2.35.010. ART FUND CREATED. There is hereby established ja City Art Fund. Monies for the Fund shall be received from: i A. ANNUAL BUDGET. Two (2) dollars per budget year ,6 for each City resident, based upon population data certified by i i i) it the State of Washington Office of Financial Management. Budgeted but unspent funds shall be maintained in the Art Fund, and carried'.. forward at at the end of each budget year. '.. i � I B. GIFTS, DONATIONS AND GRANTS. Private or public�� gifts, endowments, donations, bequests or other grants. 7 C. OTHER. Such other sources as may be available. �i D. INTEREST FROM THE CITY ART FUND. it I) 2.35.020. FUND USE - ART PROGRAM - COLLECTION. i A. Inclusions - The City Art Fund may be used for all costs for works of art, administrative costs of the City Art Program, and all costs of installation and maintenance. B. The City of Kent Arts Commission and Staff shall recommend the amount to be made available for the purchase of art, in consultation with City staff. The designation of projects and sites, selection, contracting, purchase, commissioning, review of design, execution and placement, acceptance, maintenance, sale, exchange, or disposition of work of Iart shall be recommended by the Kent Arts Commission and Staff, for approval by the City Council, in accordance with the City Art Program Guidelines. C. All works of art purchased and commissioned under the City Art Program shall become a part of a City Art Collection. The City Art Collection shall be developed, administered and operated by the Kent Arts Commission with cooperation and support of the Kent Parks Department Staff. D. The works of art may be placed on public lands, integrated with or attached to a public building or structure, detached within or outside a public building or structure, or part , ! of a portable collection or exhibit. ' I _ 2 E. Nothing in this Chapter shall limit the amount of money the City of Kent may expend for art. 2 .35 .030 . GENERAL PROCEDURES. A. Upon consultation with the City of Kent Arts ( Commission, Guidelines and Procedures shall be prepared by Staff for the implementation of the Arts Program. Such Guidelines and Procedures shall be reviewed by the City of Kent Arts Commission and Staff annually, and recommendations shall be made to the City Council for approval . I B. A City Art Plan including a schedule and budget for all City Art Program projects shall be prepared and updated annually by the City of Kent Arts Commission and Staff. The City Art Plan shall be reviewed and approved annually by the City lCouncil. I Section 2. Chapter 2 .34 KCC (ordinance 1944, Sections �I1 - 7) is amended as follows: i KENT ARTS COMMISSION 'I '..I 2 .34.0(-(4+)10. ARTS COMMISSION CREATED. There is hereby created ( ( t-e--be kne tr tks-) ) the Kent Arts (( Commission. !1i 2 .34.0(($))20 . PURPOSE. The City of Kent Arts Commission and Staff may, alone or in cooperation with any other private, civic or public body of any City, county or the State of Washington, initiate, sponsor or conduct programs calculated to further public awareness of and interest in the visual and performing arts. III 2 .34.( (-1-z''})030 . MEMBERSHIP - TERM. The membership of �'Ithe City of Kent Arts Commission shall be twelve members to be lappointed by the Mayor with the approval of the City Council. Of the first twelve members appointed, six shall be appointed for two years and six shall be appointed for four years, with the I i( t - 3 - respective terms of each initial appointee to be determined by lot. Subsequent appointments shall be for a period of four years or for the unexpired balance of the term for which appointed, whichever is the lesser period. In addition to the twelve appointed members, one member of the City Council shall be designated by the president of the Council to serve as an ex officio member of the City of Kent Arts Commission for a term of one year. 2 .34.( (-t6-) )040 . OFFICERS - MONTHLY MEETINGS. The City of Kent Arts Commission shall elect its officers, including a chairman, vice chairman, and such officers as it may deem necessary. Such persons shall occupy their respective offices for a period of one year. The City of Kent Arts Commission shall hold regular public meetings at least monthly. 2 .34(E-2&-) )050. RULES - PUBLIC RECORD. The City of Kent Arts Commission shall adopt rules for transaction of business and shall keep written minutes of its proceedings which minutes shall be a public record. 2 .34. ( (�)060. BUDGET. The City of Kent Arts ICommission and Staff shall each year submit to the City Administrator and City Council for approval a proposed budget for the following year in the manner provided by law for preparation !land submission of budgets by appointive officials. f1 Section 3. KCC 3 .14.36E (Ordinance 1944, Section 7) is hereby repealed: i tegether witiq any fRiseellaneaus revenues grants gifts er -- bequests for of furth,-rinq the etrits Expenditures ptirpeses the end of the I 4 - I'' I the ..ueeceding year ) Section 4. 1986 Budget - Funding. The funding provided '.. for in KCC 2 .35.01*-, shall first take effect and be in force for the 1986 City of Kent Budget. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, '.. approval and publication as provided by Ypw. �". TSABEL HOGAN, MAYOR ATTEST: BETTY 9AY, DEPtA CITY CLERK APPROVED AS TO FORM: ', i a P. STEIPHEN DiJULIO, CITY ATTORNEY I PASSED the /(!5 day of C -J 1985. APPROVED the u/7 day of ! s. 1985. PUBLISHED the day of ;! 1985. I hereby certify that this is a true copy of Ordinance No. CA SoL 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) BETTY AY, 1)VA'tJV C11 Y CLF K 2540-110 5 _ KENT Agenda Item: Consent Calendar — 7T TO: City Council DATE: March 20, 2012 SUBJECT: Senior Center Memorial Gift — Accept MOTION: Authorize the Mayor to accept the memorial gift from the estate of Winona Constance Grant in the amount of $211,765, amend the budget and authorize expenditures of funds in accordance with the grant terms, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: Long time Senior Center participant Winona Constance Grant left two thirds residue of her estate to the Kent Senior Activity Center. The city of Kent's share of this estate amounts to $211,765. Ms. Grant was a frequent participant on day trips and enjoyed the companionship of her fellow seniors as well as senior center staff. It was her wish that the funds be used at the city of Kent's discretion for the benefit of the Kent Senior Activity Center. EXHIBITS: Estate notice RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Senior Center Budget i LAW OFFICES of RAINIER LEGAL CENTER, INC. P.S. 31615 MAPLE VALLEY HIGHWAY POST OFFICE BOX 100 BARRY C. KOMBOL BLACK DIAMOND, WASHINGTON 98010 (360) 886-2868 Attomey at Law - (425) 432-3380 January 19, 2012 FAX(360) 886-2124 I Mr. Robert Nachlinger Director, Senior Center Director of Finance of the City of Kent 400 West Gowe Street 220 4t6 Avenue South Kent, Washington 98032 Kent, Washington 98032 Attn: Ms . Lori Hogan, Cultural. Services Re : Distribution Check/Two Thirds of Residue Estate of Winona Constance Grant Dear Mr. Nachlinger and Ms . Hogan: You may or may not know that one of the Senior Citizen Center' s former patrons, Winona Constance ["Connie"] Grant, left 2/3rds of the Residue of her Estate to "The City of Kent, a Washington Municipal Corporation, to be used in its discretion for the Benefit of the Kent Sr. Citizens Center" . One of Mrs . Grant' s friends, Gail Stanton of Maple Valley, Washington has completed the administration of the this Estate and has directed me to disburse the residue of the Estate to the two beneficiaries named in Mrs , Grant' s Will, to wit : One Third to Donald Grant Special Needs Trust and Two Thirds to City of Kent, for use by the Senior Center The City of Kent' s share of the Residue of ehis Estate amounts to $211 ,765 . 00 . A Distribution Check in that amount is enclosed herewith together with a `Receipt' which I ask the City' ;if. fcla' S iinariC- OtLice i U eY2CUte and i'e'CUrth tC my office for filing in Mrs . Grant' s Probate f " e. A Decl�I ation of Completion signed by Gail Stanton wit fo low. If yoo have any questions, feel free to contact me I. remain Ve, - u1 ours, arry ' Kombol BCK/dc Rainie Legal Center, Inc. P. S . Enclosures cc: Gail Stanton Partners in Care KENT Agenda Item: Consent Calendar — 7U TO: City Council DATE: March 20, 2012 SUBJECT: Artwork Agreement for Kent Municipal Court — Authorize MOTION: Authorize the Mayor to sign the agreement with Susan Zoccola for artwork at Kent Municipal Court, not to exceed $27,500, subject to terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: The artist Susan Zoccola was selected by a panel process on January 31, 2012, to create an artwork for the City of Kent Municipal Court. This artwork will act as a separation barrier at the courthouse entrance to enhance public safety. It will also beautify Kent, setting a tone of welcoming and decorum for this civic space. The artist's conceptual design was reviewed by the panel on March 9. This fast-track project is scheduled to be installed May 9, 2012. EXHIBITS: Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Funded by the City Art Plan Budget KENT AGREEMENT FOR ART WORK between the City of Kent and Susan Zoccola THIS AGREEMENT is made and entered into by and between the City of Kent (the "City") and Susan Zoccola LLC ("the Artist'), located and doing business at 4136 Meridian Avenue N, Seattle, WA 98103. WHEREAS, the City is implementing a public art program pursuant to Ordinance No. 2552 by allocating certain funds for the establishment of artworks in certain public places and authorizing the making of payments for the design, execution, fabrication, transportation, and installation of works of art and the support of an artist-selection process; and WHEREAS, funds have been allocated for the selection, purchase, and placement of artwork; and WHEREAS, the Artist was selected by the City through the procedures duly adopted by the Kent Arts Commission to design, execute, facilitate, fabricate, deliver, and install to the City of Kent Municipal Court (the "Work"); and WHEREAS, both parties wish to promote and maintain the integrity and clarity of the Artist's ideas and statements as represented by the Work; NOW, THEREFORE,,the City and the Artist, for the consideration and under the conditions hereinafter set forth, agree as follows: Article 1. Scope of Services. 1.1 General. a. The Artist shall perform all services and work, and furnish all supplies, materials, and equipment as necessary for the design, fabrication, transportation, and installation to the City of the Work described as City of Kent Municipal Court as approved by the Kent Arts Commission and incorporated herein as Exhibit A, attached and incorporated by this reference. b. The Artist shall determine the artistic expression, scope, design, AGREEMENT FOR ART WORK—1 of 14 color, size, material, texture, and location on the site of the Work, subject to review and acceptance by the City as set forth in this Agreement. C. The Artist will estimate the life of the Work and will guarantee durability of workmanship and materials against normal exposure to the outdoor elements in Kent, Washington for one (1) year. 1.2 Structural Design Review. a. Within thirty (30) days after the City approves the Proposal, the Artist shall prepare and submit to the City detailed working drawings of the Work, together with such other graphic material as may reasonably be requested by the City in order to permit the City to carry out structural design review and to certify the compliance of the Work with any applicable statutes and ordinances. The City shall furnish to the Artist all information, materials; and assistance required by the Artist in connection with said submission by the Artist promptly on the request by the Artist for such information. Should the Structural Design Review find that the Artist's work does not conform to safety and material standards, the Artist shall be required to make the necessary changes at his own expense. b. The City may require the Artist to make such revisions to the Proposal as are necessary for the Work to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the project. C. The City; may also request revisions for other practical (non- aesthetic) reasons. d. Within, ten (10) days after the receipt of the Artist's submission pursuant to Section 1.2(a), the City shall notify the Artist of its approval or disapproval of such submission and of all revisions made in the Proposal as a result thereof. Revisions made pursuant to this Agreement become a part of the Proposal. 1.3 Execution of the Work. a. After written approval of the submissions and revisions made pursuant to Section 1.2, the Artist shall furnish to the City a schedule for completion of fabrication, delivery, and installation of the Work, including a schedule for the submission of progress reports, if any. After written approval of the schedule by the City, the Artist shall fabricate, transport, and install the Work in accordance with such schedule. Such schedule may be amended by written agreement between the City and the Artist. AGREEMENT FOR ART WORK—2 of 14 b. The City shall have the right to review the Work at reasonable times during the fabrication thereof. The Artist shall submit to the City progress reports in accordance with the schedule provided for in Section 1.3(a). C. The Artist shall complete the fabrication, delivery, and installation of the Work in substantial conformity with the Proposal, attached as Exhibit A and incorporated by this reference. d. The Artist shall first present to the City i,n,writing for further review and approval any significant changes in the scope, design,_ color, size, material, or texture of the Work not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture, or location on the site of the Work which affects installation, scheduling, site preparation, or maintenance for the Work or the concept of the Work as represented in the Proposal. e. In the event the services of the Artist are integrated into, combined, or otherwise coordinated with services by third parties not within the control of the Artist, the Artist shall not be responsible for such third party services. If proper execution or results of the Artist's work depends upon the work of the City or a third party, the Artist shall, prior to proceeding with the work, promptly report to the City any apparent discrepancies or defects in such third party's work that renders it unsuitable for proper execution and results. The Artist shall not be responsible for any liability because of such discrepancies or defects. Any costs incurred as a result of the defective work shall be borne by the party responsible for such discrepancy or defect. 1.4 Delivery and Installation. a. The Artist shall notify the City in writing when fabrication of the Work is completed and he is ready for its delivery and installation at the site. b. The Artist shall deliver and install the completed Work at the site in compliance with procedures approved by the City pursuant to Section 1.3 in accordance with the approved schedule. 1.5 Post-Installation. a. The Artist shall be available at such time or times as may be agreed between the City and the Artist to attend any inauguration or presentation ceremonies relating to the transfer of the Work to the City. The City shall use its best efforts to arrange for publicity for the completed Work as may be determined between the City AGREEMENT FOR ART WORK—3 of 14 and the Artist as soon as practicable following installation. b. Upon completion of the Work, the Artist shall provide to the City written instructions for appropriate maintenance and preservation of the Work. 1.6 Final Acceptance. a. The Artist shall advise the City in writing when all services required prior to those described in Section 1.5(b) have been completed in substantial conformity with the Proposal. b. The City shall notify the Artist of its final acceptance of the Work. C. Final acceptance shall be effective as of the earlier to occur of: (1) the date of the City's notification of final acceptance or (2) the 30th day, after the Artist has sent the written notice to the City required under Section 1.6(a), unless the City, upon receipt of such notice and prior to the expiration of the 30-day period, gives the Artist written notice specifying and describing the services which have not been completed. 1.7 Risk of Loss. The risk of loss or damage to the Work shall be borne by the Artist until final acceptance by the City, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until final acceptance; except that the risk of loss or damage shall be borne by the City prior to final acceptance during such periods of time as the partially or wholly completed Work is in the actual custody, control, or supervision of the City or its agents for the purposes of transporting, storing, installing, or performing,any other ancillary services to the Work. Provided, that the risk of loss and damage of the Work due to structural or design defect shall be borne by the Artist at all times prior to and after acceptance during the warranty period. 1.8 Indemnification. Each party shall defend, indemnify, and hold the other harmless for losses attributed to each party's own comparative negligence. Upon final acceptance of the Work, the City shall, to the extent of its negligence, indemnify, and hold harmless the Artist against any and all claims or liabilities then existing or arising thereafter in connection with the Work, the site, the project, or this Agreement, except claims by the City against the Artist and claims which may occur as a result of the Artist's breach of the warranties provided in Article 4. Artist shall indemnify and hold harmless the City of Kent, its elected officials, officers, Kent Arts Commission, and employees from all claims, litigation, and injuries arising out of actions of the Artist, AGREEMENT FOR ART WORK—4 of 14 Artist's employees, subcontractors and agents to the extent of their negligent acts, errors, and omissions. SOLELY FOR PURPOSES OF ENFORCING THE INDEMNIFCATION OBLIGATIONS UNDER THIS SUBSECTION 1.8, THE ARTIST AND THE CITY EXPRESSLY WAIVE IMMUNITY UNDER TITLE 51 OF THE REVISED CODE OF WASHINGTON, THE INDUSTRIAL INSURANCE ACT, AND AGREE THAT THE OBLIGATION TO IDEMNIFY, DEFEND, AND HOLD HARMLESS PROVIDED FOR IN THIS SUBSECTION 1.8 EXTENDS TO ANY SUCH CLAIM BROUGHT AGAINST THE INDEMNIFIED PARTY BY OR ON BEHALF OF ANY EMPLOYEE OF THE INDEMNIFYING PARTY. THE FOREGOING WAIVER SHALL NOT IN ANY WAY PRECLUDE THE INDEMNIFYING PARTY FROM RAISING SUCH IMMUNITY AS A DEFENSE AGAINSTANY CLAIM BROUGHT AGAINST THE INDEMNIFYING PARTY BY ANY OF ITS EMPLOYEES. 1.9 Title. Title to the Work shall pass to the City upon final acceptance. 1.10 Ownership of Documents, Models. Upon final acceptance, all studies, drawings, designs, maquettes, and models prepared and submitted under this Agreement shall be returned to the Artist and shall belong to the Artist. The City may select and the Artist shall convey to the City one of the original drawings submitted pursuant to Section 1.2 as part of the Proposal, the City representing that such drawing(s) will be used by it solely for exhibition and held by it in permanent safekeeping. At the request of the City, the Artist agrees to loan the City studies, drawings, and maquettes for use in exhibits'of display for reasonable periods to be mutually agreed upon by theArtist and City, and the Artist agrees not to unreasonably withhold his consent. Article 2. Compensation„ Payment Schedule, Retainage, and Expenses. 2.1 Compensation. The Artist shall be paid by the City for completed work and/or services related to this Agreement only as provided hereinafter. Such payment shall be in full compensation for all work performed and/or services rendered, and for all supervision, labor, supplies, materials, travel expenses, equipment or use thereof, and for all other incidentals necessary to complete the Work. 2.2 Sales Tax. In the event that it is determined that Washington State sales tax applies to services rendered by the Artist, the City agrees to pay such amounts owing to the State Revenue Department through payment to the Artist who shall be responsible for collecting and reporting such tax monies to the State. 2.3 Prevailing Wage. Without limitation of any other provision of this AGREEMENT FOR ART WORK—5 of 14 Agreement, Artist shall pay or cause to be paid where applicable, prevailing wages for work, if any, performed by employees or subcontractors, as established by the Washington State Department of Labor and Industries. Artist shall pay prevailing wages in effect on the date of execution of this Agreement and shall comply with Chapter 39.12 of the Revised Code of Washington and rules adopted thereunder. The latest prevailing wage rate revision issued by the Department of Labor and Industries is hereto attached. 2.4 Retainage. The City shall hold back retainage'in the amount of five percent (5%) of each contract payment for a period of sixty (60,) days after the date of final acceptance, or until receipt of all necessary releases from the Washington State Department of Revenue and the Washington State Department of Labor and Industries, if prevailing wage payments are applicable, and until resolution of any claims filed under Chapter 60.28 RCW, whichever is later. 2.5 Schedule. Total payment, including all expenses and sales tax, if any, shall not exceed the sum fee of Twenty Seven Thousand Five Hundred Dollars ($27,500.00). Payments will be made upon a ;percentage of completion as set forth below (note that these amounts will be reduced by retainage withheld as set forth in section 2.4 herein) Payment of $ '3,750.00 Upon completion of final design, including a conservation consultation. Payment of $ +9 000.00 Upon fifty (50) percent completion of fabrication of work. Payment of$ 9,000.00 Upon one hundred (100) percent completion of fabrication of work. Payment of $ 3,750.00 Upon delivery and installation of work. Payment of $ 2,000.00 Within thirty (30) days of final acceptance by the City. THE ARTIST'S ACCEPTANCE OF THIS FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF ANY AND ALL CLAIMS FOR ADDITIONAL PAYMENT OR DAMAGES ARTIST MAY ASSERT AGAINST THE CITY. 2.6 Artist's Expenses. The Artist shall be responsible for the payment of all mailing or shipping charges on submissions to the City, the costs of transporting the AGREEMENT FOR ART WORK—6 of 14 Work to the site, and the costs of all travel by the Artist and the Artist's agents and AGREEMENT FOR ART WORK—7 of 14 employees necessary for the proper performance of the services required under this Agreement. Article 3. Time of Performance. 3.1 Duration. The services to be required of the Artist as set forth in Article 1 shall be completed in accordance with the schedule for completion of the Work as proposed by the Artist and approved by the City pursuant to Section 1.3; provided, that such time limits may be extended or otherwise modified by written agreement between the Artist and the City. 3.2 Early Completion of Artist Services. The Artist shall bear the transportation and storage costs resulting from the completion of Artist services hereunder prior to the time provided in the schedule for completion. 3.3 Time Extensions. The City shall grant a reasonable extension of time to the Artist in the event there is a delay on the part of the City in performing its obligations under this Agreement or in completing the underlying capital project, or if conditions beyond the Artist's control"oracts of God render performance of the Artist's services impossible or unexpectedly burdensome. Failure to fulfill contract obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such conditions. Article 4. Warranties. 4.1` Warranties of Title. In addition to the warranty set forth in paragraph 1.1(c), the Artist also warrants that: (a) the Work is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any copyright; (c) that the Work or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Work is free and clear of any liens from any source whatsoever. This warranty shall apply only to that artwork which is entirely that of the Artists (or persons responsible to her), as installed and shall not apply to materials or workmanship of products integrated or combined or to materials purchased, acquired, or installed by any one person or entity other than the Artist. 4.2 Warranties of Quality and Condition. In addition to the warranty set forth in paragraph 1.1(c), Artist represents and warrants, except as otherwise disclosed to the City in writing in connection with submission of the Proposal pursuant to Section AGREEMENT FOR ART WORK—8 of 14 1.1(b) and 1.2(c), that: (a) the execution and fabrication of the Work will be performed in a workmanlike manner; (b) the Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of "inherent vice" or qualities which cause or accelerate deterioration of the Work; and (c) reasonable maintenance of the Work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City hereunder. The warranties described in this Section 4.2 shall survive for a period of ten (10) months as outlined in Section 1.1(c), after the final acceptance of the Work. The City shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication'of the Work). THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH MAY BE DEEMED APPLICABLE TO THE ARTWORK, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, Article 5. Insurance. Artist '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. Article 6. Reproduction Rights. 6.1 Retention of Rights and Issuance of License. The Artist retains all rights she may be entitled to pursuant to the Copyright Act of 1976, 17 U.S.C. § 101, et seq., and all other rights in and to the Work except ownership and possession, and except as such rights are limited by this Section 6.1. Because the parties intend that the Work in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, three-dimensional reproductions of the Work or permit others to do so except by written permission of the City. The Artist grants to the City and its assigns an irrevocable license to reproduce the Work in any manner whatsoever for the purposes of promotion, publicity, education, or exhibition of the artwork orthe City Art Collection. The Artist will approve any use of the reproduction of the artwork that is not directly related to the City Art program and in any revenue generating or for profit AGREEMENT FOR ART WORK—9 of 14 manner and may be entitled to royalties or additional usage fee in such case. 6.2 Reproductions. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: © Artist's name, date of creation. 6.3 Recognition of City. The Artist shall use her best efforts to give a credit reading substantially, "an original work owned and commissioned by the City of Kent," in any public showing under the Artist's control of reproductions of the Work. 6.4 Copyright. The Artist may at her own expense cause to be registered, with the United States Register of Copyrights, a copyright of the Work in the Artist's name. 6.5 Intellectual Property. If for any reason the proposed design is not implemented, all rights to the proposed Artist's artwork shall be recognized as the Artist's intellectual property and protected from infringement in accordance with Federal Law. Article 7. Artist's Rights. 7.1 Maintenance. The City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work. The City shall take reasonable steps to assure that; the Work is maintained and protected. The City shall take into account the instructions and recommendations of the Artist and shall take reasonable steps to protect and maintain the Work against the ravages of time, vandalism, and the elements. 7.2 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Work will be made. During the Artist's lifetime, the Artist shall be consulted regarding the aesthetics of all repairs and restorations. To the extent practical, the Artist during the Artist's lifetime, shall be given the opportunity to make or personally supervise significant repairs and restorations. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 7.3 Alteration of the Work or of the Site. a. The City agrees that it will not alter, modify, or change the Work without the prior written approval of the Artist. AGREEMENT FOR ARTWORK—10 of 14 b. The City shall notify the Artist of any proposed alteration of the site that would affect the intended character and appearance of the Work and shall consult with the Artist in the planning and execution of any such alteration and shall make a reasonable effort to maintain the integrity of the Work. C. If, after conducting a thorough review according to the policies of the City Art Plan, it is determined that the integrity of the artwork as described in Exhibit A cannot be maintained or the repair or maintenance of the artwork is prohibitively expensive, the City may: (1) remove the Work from public display or (2) sell or destroy the Work. If the City at any time decides to sell or destroy the Work, it shall, by written notice to the Artist's last known address to the City, offer the Artist a reasonable opportunity to purchase or recover the Work pursuant to Washington State law for the disposition of property and applicable local ordinances, policies or rules relating to the disposition of City personal property. 7.4 Permanent Record. The City agrees to maintain on permanent file a record of this Agreement and of the location and disposition of the Work. 7.5 Artist's Address. The Artist shall notify the City of changes in address. The failure to do so, if such failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist of the right subsequently to enforce those provisions of this Article 7. Notwithstanding this provision, the City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist's rights. 7.6 Surviving Covenants. The covenants and obligations set forth in this Article 7 shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees,'and all their successors in interest, and the City's covenants do attach and run with the Work and shall be binding to and until twenty (20) years after the death of the Artist. However, the obligations imposed upon the City by Sections 7.2 and 7.3 shall terminate on the death of the Artist. The City agrees that any subsequent'purchaser of the Work will be given Notice of the covenants herein in writing so to be bound thereby. In the event of the Artist's death, the City shall pay any outstanding amounts to the Artist at the time of death to the Artist's estate. Article S. Artist as Independent Contractor. The Artist shall perform all Work under this Agreement as an independent contractor and not as an agent or an employee of the City. The Artist shall not be supervised by any employee of the City nor shall the AGREEMENT FOR ART WORK—11 of 14 Artist exercise supervision over any employee or official of the City. Article 9. Assignment, Transfer, Subcontracting. 9.1 Written Consent. Neither the City nor the Artist shall assign or transfer an interest in this Agreement without the prior written consent of the other; provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval. 9.2 Subcontracting. The Artist may subcontract portions of the Work at the Artist's expense provided that said subcontracting shall ,not affect the design, appearance, or visual quality of the Work, and that such Work is carried out under the personal supervision of the Artist and first approved by the City of Kent. Article 10. Termination. If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default to the satisfaction of the other party. If it is not cured, then this Agreement shall terminate. In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall, at the City's option, become its property;'provided, that no right to fabricate or execute the Work shall pass to the City, and the City shall reasonably compensate the Artist pursuant to Article 2 for all services performed by the Artist prior to termination. Notwithstanding the above, the Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Artist, and the City may reasonably withhold payments to the Artist until such time as the exact amount of damages due the City from the Artist is determined. In the event of default by the City, the City shall promptly compensate the Artist for any unpaid amount for the services performed by the Artist for all materials purchased by the Artist in performance of the obligations made under this agreement prior to termination. AGREEMENT FOR ART WORK—12 of 14 Article 11. Contract Administrator. The Contract Administrator for this Agreement shall be the Director of Parks or his designee. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the Parks Director or his designee shall represent and act for the City. Article 12. 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. Article 13. 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. Article 14. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference, or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 1.8 of this Agreement. Article 15. 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. AGREEMENT FOR ART WORK—13 of 14 Article 16. 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. Article 17. 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 Artist. Article 18. 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. Article 19. Compliance with Laws. 19.1 General. The Artist agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Artist's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 19.2 Non-Discrimination. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Artists, her subcontractors, or any person acting on behalf of the Artist or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Artist shall execute the attached City of Kent Equal Opportunity Policy Declaration, Comply with City Administrative Policy 1.2 and, upon completion of the work under this Agreement, file the attached Compliance Statement. AGREEMENT FOR ART WORK—14 of 14 19.3 Heirs and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective heirs, personal representative, successors and permitted assigns. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. ARTIST: CITY: Susan Zoccola City of Kent By: By: Susan Zoccola Suzette Cooke, Mayor DATE: DATE: ,,, NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Susan Zoccola Ms. Cheryl dos Remedios 4136 Meridian Avenue N City of Kent Parks Cultural Programs Seattle, WA 98103 220 Fourth Avenue South Kent, WA 98032 206-856-6644 (telephone) (253) 856-5058 (telephone) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department AGREEMENT FOR ART WORK—15 of 14 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 201. By: Fo r: Title: Date: EEOC DOCUMENTS FOR ART WORK AGREEMENT—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 $15,000 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. EEOC DOCUMENTS FOR ART WORK AGREEMENT—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 201. By: — Fo r: Title: Date: EEOC DOCUMENTS FOR ART WORK AGREEMENT—3 of 3 KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2012 - 2016 2012 PROJECTS COSTS Capital Projects Total 108,831 Community Art Project: KentArts/DIY 35,000 Community Art Project: Cultural Tours & Connections 40,000 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Community Artwork: Youth Training Artwork 2,500 Community Art Project: Site Specific 9,500 Collection Maintenance and Programming 119,605 Year Total $228,436 2013 PROJECTS COSTS Capital Projects Total 98,043 Municipal Court Artwork 30,000 Community Artworks 48,043 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 - Collection maintenance and programming 10,000 Administration/Maintenance 126,717 Year Total $228,436 2014 PROJECTS COSTS Capital Projects Total 91,708 Municipal Court Artwork 30,000 Community Artworks 41,708 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 10,000 Administration/Maintenance 133,052 Year Total $228,436 2015 PROJECTS COSTS Capital Projects Total 85,056 Municipal Court Artwork 30,000 Community Artworks 35,056 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 10,000 Administration/Maintenance 139,704 Year Total $228,436 2016 PROJECTS COSTS Capital Projects Total 85,056 Municipal Court Artwork 30,000 Community Artworks 35,056 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 10,000 Administration/Maintenance 139,704 Year Total $228,436 8 III KENT Agenda Item: Other Business — 8A TO: City Council DATE: March 20, 2012 SUBJECT: LID 363, S. 224th Street, Final Assessment Roll — Set Hearing Date MOTION: Move to recommend that the Public Works Committee act as the Board of Equalization to conduct a quasi-judicial hearing on May 14, 2012, at 3:00 p.m. in the Kent City Council Chambers to confirm the final assessment roll for Local Improvement District No. 363. SUMMARY: The S. 228th/224th Street Corridor has been planned since the mid- 80's. The need for this arterial corridor was forecast as additional growth on the East Hill plateau required the need for arterial corridors to connect with the SR-167 and I-5 freeways. The S. 224th Street project is the easterly section of the corridor, the westerly section (S. 228th St. Extension) was completed in 2007. Commercial and residential developments in the area of this road improvement project constructed since 1986 were allowed, provided the easterly section would be built to accommodate the additional traffic generated. Each development was required to sign an Environmental Mitigation Agreement (EMA), agreeing to fund a portion of the project via an upfront contribution or by taking part in a Local Improvement District to pay the obligation over time. In order to proceed with this project, the City Council formed L.I.D. 363 on December 9, 2008, and directed staff to proceed with the project. Construction on a portion of the project along S. 218th Street will start in 2013. The L.I.D. would be finalized in 2012 in order to sell L.I.D. bonds and provide roughly $11-million of the $25-million total project cost. Work is anticipated to begin with improvements on S. 216th/218th Streets, improving existing roadways in preparation for a new bridge over SR 167, and the additional traffic that will use the new connection. Completing this step will also increase the likelihood of state or federal grant awards. The next step is to schedule the public hearing on the confirmation of the final assessment roll. EXHIBITS: Exhibit A and Location Map RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The final L.I.D. assessment roll totals $9,242,237.78 which is the same as the preliminary assessment roll except for a few reductions due to prepayments and adjusted assessments. Prepayments total $2,015,963.67. Total EMA obligations equal $11,258,201.45. Attachment 'A' LOCAL IMPROVEMENT DISTRICT (L.I.D.) 363: 224th Street Proiect (East Valley Highway to SR 515) ENVIRONMENTAL MITIGATION AGREEMENTS (EMAs): When properties within the specified boundary were developed to its current use, the property owner or the developer entered into a S. 224th/228th Corridor Easterly Section (S. 224th Street Project) "Environmental Mitigation Agreement" (EMA) with the City of Kent. This contract was created as a "covenant" tied to real property. The title report for the property should reflect the existence of this agreement as an encumbrance on the title to the property. The current property owner is bound by the contract to pay off the contractual obligation of the EMA. The property owner or property's developer entered into this contact to mitigate, in part, environmental impacts to the City's transportation system. Because the development of the property added traffic to the City's transportation system, the City required the owner of the property to either construct enough transportation improvements (e.g. adding lanes, signals, street lighting, etc.) to mitigate those adverse impacts or, in the alternative, to enter into this mitigation contract. The City accepted the contract as satisfactory alternative mitigation because it committed the property to participate in the funding of the City's S. 224th Street Project, which will help relieve localized traffic congestion. Even if traffic generated by the property does not use the corridor, the corridor will relieve traffic congestion on other roads that the traffic does use. Therefore, the corridor will help mitigate traffic impacts created by the development of the property. Briefly stated, the contractual commitment is (a) to not protest the formation of the S. 224th Street Project Local Improvement District (L.I.D.), or (b) if no L.I.D. is formed, to pay an established dollar amount ten years from the date of the contract. The City pursued the formation of the L.I.D. to secure the funding obligation of the EMAs. LOCAL IMPROVEMENT DISTRICT FINANCING: L.I.D. formations are authorized and governed by state law. Payment of the cost is spread over time. After the City Council approves the L.I.D. final assessment roll, the City will complete design of the project, advertise for bids and award a contract to build the project. The City arranges interim financing to fund the project during construction and then assesses the properties involved. The assessments can be paid in full with one interest free payment during a 30-day prepayment period following approval of the final assessment roll or, it can be paid in yearly installments, 1/15th of the principal plus interest on the unpaid balance per year, over a fifteen year period. The City sells L.I.D. bonds to cover the amount of the unpaid assessments after the prepayment period. The funds collected through the assessments are used to retire the bonds. The market determines the interest rate at the time the L.I.D. bonds are sold to the public. PROPOSED IMPROVEMENTS FOR THE S. 224th STREET PROJECT: The overall project limits are East Valley Highway to the west and 108th Ave SE (SR 515, Benson Highway) to the east. See the attached project map. The roadway improvements will be built in accordance with the 3-lane alternative which was selected by the Kent City Council during the SEPA process. The roadway will be three lanes beginning on the valley floor at the intersection of East Valley Highway and S. 224th Street. It will cross over SR 167 and climb up the Kent East Hill via S. 218th/216th Street, terminating at the intersection of Benson Road and S. 216th Street. The new roadway will be roughly 1.8 miles long, and will include curbs, gutters and sidewalks on both sides of the street, a two—way left turn lane, planted center medians where possible, roadside planter strips, street lighting, undergrounding of overhead electrical facilities, storm water management facilities, a bridge over SR 167, a new Garrison Creek bridge and other appurtenances. Please note that the S. 224th Street project will complete the 224th/228th corridor from SR 515 to I-5 providing a new route for traffic traveling between Kent's east hill and west hill. A recent project extended S. 228th Street up the west hill to Military Road connecting to I-5. A new bridge on S. 228th Street over the Burlington Northern tracks just east of 2"d Ave was also completed. Also, a grade separation project is in the planning stage for the Union Pacific tracks west of 6th Avenue. The grade separation projects will eliminate traffic congestion due to train traffic and will reduce travel time on the new corridor. NEED FOR THE IMPROVEMENTS: The purpose of the S. 224th Street Project is to reduce existing and forecasted east- west traffic congestion between Kent's East Hill and the Green River valley. The S. 224th Street project will increase the east-west traffic volume capacity between the East Hill and the valley floor within the area bordered by S. 212th/208th Street and James Street (SE 240th Street), thus reducing travel times. Existing and forecasted traffic congestion in the area adversely impacts travel times, air quality, energy consumption, emergency vehicle response time and the overall quality of life for people living and working in and around Kent. Major intersections on S. 212th/208th Street and James Street are near or over capacity. Improvements to either S. 212th /208th Street or James Street would be difficult to implement due to restrictions related to existing topography and right-of- way requirements. Improvements on these roadways would not distribute traffic effectively enough to improve traffic congestion. The project will: • Increase east-west traffic in the valley to meet the traffic demands created by existing and future development anticipated in the City's Comprehensive Land Use Plan, in a manner which does not result in a large number of significant environmental impacts. • Implement adopted and proposed land use plans that meet the general transportation concurrency goals of the Growth Management Act (GMA). The S. 224th Street Project will help meet concurrency requirements, provide additional roadway capacity for improved travel times, and create a new east-west collector roadway for existing and future development on the East Hill. • Reduce travel times on east-west routes connecting Kent's East Hill with the valley. • Provide an additional emergency vehicle access route to serve residences and businesses on the East Hill and in the valley. • Replace the existing Garrison Creek Bridge on S. 218th Street to reduce maintenance and meet the Washington State Department of Fish and Wildlife (WSFW) permit requirements. • Improve storm water quality and control runoff volumes in Garrison Creek through construction of new storm water detention and treatment facilities related to the proposal. • Improve safety along the route by installing street lights and constructing sidewalks. • Complete the utility system along the route to provide utility service to currently unserviced properties. This prevents the new road from being cut at a future date to install the utilities. ASSESSMENT METHOD: The L.I.D. was formed to allow the EMA obligation to be paid over time. The L.I.D. assessment is the amount of the obligation specified in the EMA for each property adjusted as explained below. The dollar amount of the obligation was based on daily traffic trips generated from the property during the afternoon "peak" traffic time (3:00 pm to 7:00 pm). For example, single family residential properties are assessed for one peak hour trip per residence. Trips for business properties are based on the development. In nearly all instances, the agreed upon dollar amount per trip was $1,076.00, however, this amount was valued in 1986 dollars and the EMA includes adjustments for inflation based on the Consumer Price Index (CPI). The factor was 1.98 at the time of formation resulting in the trip amount of $2,130.48. There were no increases once the L.I.D. was formed. SPECIAL BENEFIT TO L.I.D. PROPERTIES: When discussing L.I.D. projects, benefit received is an important issue. Benefit is defined as the increase in property value brought about as a direct result of the L.I.D. improvements. L.I.D. assessments can be less than or equal to the benefit received. In the case of the S. 224th Street project, properties included in the L.I.D. signed environmental mitigation agreements as part of the development process. These properties were allowed to develop based on the fact that the corridor would eventually be built to handle the increase in traffic caused by the development and meet concurrency requirements under the Growth Management Act. If it were not for the corridor project, these properties would not have been permitted to develop. This is a significant benefit since development of the property increased its value. FINAL ASSESSMENTS: In this case, the L.I.D. assessments are equal to the EMA obligation. The L.I.D. is a mechanism for the property owners to pay their obligation. The City is entitled to a presumption of benefit, unless this presumption is nullified by expert testimony such as an appraisal. A final assessment hearing will be held soon. Property owners will be provided notice of this hearing and will have the opportunity to protest the amount of the assessment by submitting proof that the assessment exceeds the benefit to their property. One form of such proof would be an appraisal showing the value of the property before and after construction of the improvements. PAYMENT OF ASSESSMENT: Upon Council passing the Ordinance confirming the Final Assessment Roll, the property owner will receive notice of the start of a 30-day period in which any portion or all of the assessment can be paid without interest charges. After the 30-day period, the balance not prepaid is paid over a fifteen-year period wherein each year's payment is one-fifteenth of the principal plus interest on the unpaid balance. The first yearly payment is due approximately one year after the 30 day prepayment period depending on when the bonds are sold. The market determines the interest rate at the time the L.I.D. bonds are sold to the public. The property owner will receive a billing notice from the City each year. The table below shows and estimated yearly payment schedule for one trip. The L.I.D. assessment can be paid off during the 15- year payback period without an interest penalty. Example Payment Schedule Trip Cost $2,130.48, Assumed 5% interest rate, 15 year payment YEAR BALANCE PRINCIPAL INTEREST PAYMENT 1 2,130.48 142.03 106.52 248.55 2 1,988.45 142.03 99.42 241.45 3 1,846.42 142.03 92.32 234.35 4 1,704.39 142.03 85.22 227.25 5 1,562.36 142.03 78.12 220.15 6 1,420.33 142.03 71.02 213.05 7 1,278.30 142.03 63.91 205.94 8 1,136.27 142.03 56.81 198.84 9 994.24 142.03 49.71 191.74 10 852.21 142.03 42.61 184.64 11 710.18 142.03 35.51 177.54 12 568.15 142.03 28.41 170.44 13 426.12 142.04 21.30 163.33 14 284.08 142.04 14.20 156.23 15 142.04 142.04 7.10 149.14 TOTAL 0.00 2,130.48 852.19 2,982.66 u� iVorih J 212TH/208� NOT TO SCALE J( � l . Q Ld �� } Z U) I Q( �'> ° Q ' � ¢ 216THST LLI� ui 167 J �(- j S 218TH ST Z ¢ f PROJECT LU _ w w co rn> S) 24TH ST �Pv K E N SE 224TH ST , I m S 228TH ST i S 228TH ST = w i m �_� o � 1 � 111 KENT Agenda Item: Other Business - 813 TO: City Council DATE: March 20, 2012 SUBJECT: Subdivision Code Amendments Ordinance - Adopt MOTION: Move to adopt Ordinance No. , amending Chapter 12.04 Kent City Code, related to the administration of subdivisions, binding site plats, and lot line adjustments. SUMMARY: These amendments to the subdivision code include items that clarify code, streamline the permit process, and provide consistency with state laws and regulations. The amendments include provisions that distinguish between major and minor alterations, revise pre-application review requirements, and utilize SR-8 single family residential development standards for some clustered subdivisions and short subdivisions. With a 2-1 vote, the ECD Committee recommended further amending section 12.04.221 to adopt by reference state law for preliminary plat expiration, without local provisions for authorizing additional extensions. EXHIBITS: Ordinance RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 12.04, Kent City Code, specifically Section 12.04.117, Section 12.04.210, Section 12.04.221, Section 12.04.227, and Section 12.04.263, related to the administration of subdivisions, binding site plans, and lot line adjustments [ZCA-2011-3]. RECITALS A. Local planning legislation arises from many sources, including, but not limited to, Federal, State or regional mandates; changes to local community vision; complaints; need for clarity; updated technologies, business operations or strategies that make existing codes outdated; and conflicts with updated regulations in other City departments. B. The City has determined that amendments to Chapter 12.04, Kent City Code (KCC), are necessary to reflect an improved permitting process, provide clarifications, reflect updated state regulations, and ensure development standards reflect the intent of the subject code provisions. C. The City has determined that an amendment to Section 12.04.117 is necessary to clarify that pre-application conferences for subdivisions and short subdivisions are encouraged, but not required. This 1 Administration of Subdivisions Amend Ch 12.04 amendment also eliminates the application process for a tentative subdivision or tentative short subdivision. D. Language requiring that an approved printed computer plot closure on all lots, streets, alleys and boundaries was inadvertently deleted from Section 12.04.210 in a previous code amendment, and should be re- inserted into the code. E. In order to be consistent with state regulations for the expiration of a preliminary plat approval, Section 12.04.221 should be amended by removing the existing language, and adopting the state expiration regulations by reference to RCW 58.17.140. This amendment also eliminates extensions of the expiration period. F. The City has determined that amendments to Section 12.04.227 are necessary to clarify what constitutes a major or minor alteration of an approved preliminary plat or short plat. This amendment includes language that treats major land alterations as new applications for the purposes of vesting. G. The development standards for the SR-1 zone conflict with the purpose and intent of cluster developments, where small lots are encouraged in order to provide additional protection and buffering of sensitive areas. The City has determined that an amendment to Section 12.04.263 will allow developments subject to clustering in the SR-1 zone to use the SR-8 development standards, with the exception of lot size, lot width, density, and other clustering requirements outlined in this section. H. The City's State Environmental Policy Act (SEPA) Responsible Official has determined that the proposed amendments are procedural in nature and thus categorically exempt from further SEPA review. 2 Administration of Subdivisions Amend Ch 12.04 I. On November 8, 2011 notice was sent to the Washington State Department of Commerce and expedited review was requested as required under RCW 36.70A.106(3)(b). On November 23, 2011, the City was granted expedited review and was informed that it had met the Growth Management Act notice requirements under RCW 36.70A.106. J. The Land Use and Planning Board discussed this matter at its November 14, 2011 workshop and after holding a Public Hearing on November 28, 2011 recommended approval of the amendments including Option B of the plat expiration amendment, as presented at that hearing. K. The Economic and Community Development Committee considered this matter at a meeting held December 12, 2011, and after holding a Public Hearing on March 12, 2012, to consider further options for the plat expiration amendment, recommended approval of the amendments, including a new Option B of the plat expiration amendment, as presented at that hearing. L. The City Council considered this matter at its March 20, 2012 meeting. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 12.04.117 of the Kent City Code is amended as follows: Sec. 12.04.117. Pre-application review. 3 Administration of Subdivisions Amend Ch 12.04 A. App"Eatiens fOF a tentative subdivision OF tentative shOFt subdivision pFe appliEatien ngeeting and Feview shall be filed with planning seFViEes. Pursuant to KCC 12.01.080, a pre-application ^,: !"g conference is requmFeE[-- uraged for a4l-subdivisions, a4kand Type I and Type II short subdivisions, and enly feF Type 1 sheFt subdivisiens whidi that require SEPA review. The scale and information required for a pre-application ngeetingconference and the number of copies to be filed shall be in accordance with the requirements of the application checklist. B. Planning seFViEes shall tFansngit Eepies ef the tentative plat te the , G. A ngeeting on the tentative plat shall be he'd that is attended by planning ethe. ..it.. .1..pa Fang nts that FeEeive Eepies of the tentative plat, and the subdivideF. ReEengngendatmens by the vaFieUS planning whetheF the tentative plat is� D. The FeEengngendatmens ef the Eity depaFtngents shall be based en i aFea on whiEh the subdivision OF ShOFt subdivision will be deyelepee17- 4 Administration of Subdivisions Amend Ch 12.04 aFeaj and SECTION 2. — Amendment. Section 12.04.210 of the Kent City Code is amended as follows: Sec. 12.04.210. Filing the final plat. A. A final plat or final short plat shall be prepared by a professional land surveyor licensed in the state of Washington, based on the Washington State Plane Coordination System, and be submitted to planning services along with all forms required and with the number of originals and copies requested. B. The final plat or final short plat submitted for filing shall comply with the conditions of preliminary approval and Chapter 58.09 RCW, Chapter 332-130 WAC, and Chapter 58.17 RCW. The original drawing shall be in black ink on mylar or photographic mylar. C. In addition to other requirements as specified in this section, the final plat or final short plat shall contain or be accompanied by the following: 1. Signature of the owner of the property on the face of the final plat or final short plat mylar; 2. A notarized certificate of the owner, contract purchaser, grantor of a deed of trust, or other holder of beneficial title to the property being subdivided indicating that the subdivision or short subdivision is made with free consent and in accordance with their 5 Administration of Subdivisions Amend Ch 12.04 desires, and if the subdivision or short subdivision is subject to deeding of property, the notarized certificate shall be signed by all parties having any ownership interest in the lands subdivided. For purposes of this section, ownership interest shall include legal and equitable property interests, including, but not limited to, present, future, contingent, or whole fee interests, together with a beneficiary's interest pursuant to a trust and contract interest pursuant to a specifically enforceable contract for the purchase of the real property; 3. Certification by the responsible health agencies that the methods of sewage disposal and water service are acceptable; 4. Certification by the public works department that the subdivider has complied with either of the following alternatives: a. All improvements have been installed in accordance with the requirements of these regulations, or b. Certain improvements have been deferred according to KCC 12.04.205(D), deferred improvements; 5. The subdivider shall furnish the city a current plat or short plat certificate or title report from a title insurance company, produced no more than forty-five (45) calendar days prior to final plat or final short plat application, that documents the ownership and title of all interested parties in the plat or short plat, subdivision, short subdivision, or dedication and that lists all liens and encumbrances. The legal description in the title report shall be identical to the legal description on the face of the plat or short plat. The city reserves the right to require updates of the certificate or title report at any time prior to signing the final plat or final short plat by the short subdivision committee chairman; 6 Administration of Subdivisions Amend Ch 12.04 6. Any person signing for a corporation must provide documentation that shows they have the authority to execute on behalf of the said corporation; 7. Copies of any restrictive covenants as may be used in the subdivision or short subdivision; S. Certification of approval to be signed by the King County assessor; 9. Certification of approval to be signed by the King County recorder; 10. Certificate of approval by the chairman of the short subdivision committee; 11. Copies of any bylaws for a homeowners' association, if created:,- 12. Approved printed computer plot closure on all lots, alleys, and boundaries. D. All subdivisions and short subdivisions shall be surveyed by a land surveyor licensed in the state of Washington. All lot, tract, parcel, and right-of-way corners and angle points shall be set in accordance with Chapter 58.09 RCW. Street monuments shall be in accordance with city of Kent design and construction standards and shall be installed per those same standards. Sufficient intervisible monuments shall be set to ensure that any property within the subdivision or short subdivision can be readily resurveyed at a later time or as may be specified by the public works 7 Administration of Subdivisions Amend Ch 12.04 department. All final plats and final short plats shall be based on at least two city of Kent horizontal control points and reference the North American Datum of 1983/1991 Adjustment (NAD 83/91) or its successor as may be adopted by the public works department survey section. E. If any utility companies and/or utility districts have existing easements within the proposed plat or short plat, the applicant or its assigns shall have these easements removed or shall have their rights subordinated to the city of Kent if they fall within dedicated right-of-way or tracts for public use. F. The final plat or final short plat must be submitted to planning services for review as to compliance with all terms of the preliminary approval; terms of bonding or the completion of all improvements; and completeness and accuracy of survey data and platting requirements. G. Before a final short plat is filed with King County, it shall be signed by the chairman of the short subdivision committee when the plat is determined to be in compliance with all applicable short subdivision requirements. H. After all final plat conditions for a subdivision have been met, planning services shall set a date for a public meeting for the city council to consider the final plat. I. Before the final plat of a subdivision is submitted to the city council, it shall be signed by the city engineer and planning n9anagefdirector. After the final plat is approved by the city council, it shall be signed by the mayor and the city finance director. 8 Administration of Subdivisions Amend Ch 12.04 J. An approved final plat or short plat shall be filed for record with King County and shall not be deemed approved until filed. K. A conformed copy of the recorded plat or short plat shall be filed with planning services and the public works department. SECTION 3, - Amendment. Section 12.04.221 of the Kent City Code is amended as follows: Sec. 12.04.221. Subdivision preliminary plat expiration. A. Subdivision preliminary plat approval shall lapse as provided in RCW 58.17.140, unless a final plat based on the preliminary plat, or any phase thereof, and meeting all of the requirements of this chapter and Chapter 58.17 RCW, is submitted to the city council for approval within the time period allowed by RCW 58.17.140. five (5) yeaFS fFeng the date of subdivision PFelinginaFy plat aev-al._ ..Ilan. .who files a Fitters Fequest with planning seFViEes at thiFty appliEant Ean shew that he has attempted On geed faith te ebtain appFeval of the final plat within the five (5) yeaF peFO04-. gFanted by the planning n9anageF of the app"Eant Ean show unusual Fequest with planning seFViEes fOF this additional tinge &Etensien. The 9 Administration of Subdivisions Amend Ch 12.04 doEungentatmen as to the need fOF the additional tonge. Additional tonge B. 6In the case of a phased subdivision, final plat approval by the city council of any phase of the subdivision preliminary plat will constitute an automatic one (1) year extension for the filing of the final plat for the next phase of the subdivision. SECTION 4, - Amendment. Section 12.04.227 of the Kent City Code is amended as follows: Sec. 12.04.227. Procedure for alteration of a subdivision or short subdivision. A. if-aAn applicant wrishesrequesting to alter a subdivision or short subdivision or any portion thereof, except as provided in KCC 12.04.230, that persen—shall submit a+ra plat alteration application to the Permit Center te planning seFViEeS Fecluesting the alteFatien. The application shall be accompanied by such submittal requirements as described in the application form, and applicable fees, and shall contain the signatures of all persons having an ownership interest in lots, tracts, parcels, sites or divisions within the subdivision or short subdivision or in that portion to be altered. B. The planning manage director shall have the authority to determine whether the proposed alteration constitutes a minor or major alteration. Major alterations are those ••that are not in response to staff review or public appeal and substantially change the basic design, dens+t, increase the number of lots, substantially decrease open space, substantially change conditions of subdivision or short subdivision approval, or other similar requirements or provisions. Minor alterations 10 Administration of Subdivisions Amend Ch 12.04 are those that make minor changes to engineering design or lot dimensions, decrease the number of lots to be created, or increase open space, or other similar minor changes. Major alterations shall be treated as new applications for purposes of vesting. C. If the subdivision or short subdivision is subject to restrictive covenants which were filed at the time of the approval, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or short subdivision or any portion thereof. D. If the alteration is requested prior to final plat or final short plat review and signature, a minor alteration may be approved with consent of the planninger and the public works directors. A major plat or short plat alteration shall require consent of the short subdivision committee for short subdivisions or the hearing examiner for subdivisions after public notice and a public meeting or hearing is held. Planning services shall provide notice of the application for a major plat or short plat alteration to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the original subdivision or short subdivision application. The planning directorer shall have the authority to determine whether the proposed alteration constitutes a minor or major alteration pursuant to subsection (B) of this section. E. If the alteration is requested after final plat or final short plat review and signature, but prior to filing the final plat or final short plat with King County, a plat or short plat alteration may be approved with consent of the short subdivision committee for short subdivisions or the city council for subdivisions. Upon receipt of an application for alteration, planning 11 Administration of Subdivisions Amend Ch 12.04 services shall provide notice of the application to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the original application. The notice shall establish a date for a public meeting or hearing. F. If the alteration is requested after filing the final plat or final short plat with King County, a minor plat or short plat alteration may be approved with consent of the short subdivision committee in the case of short subdivisions or the city council for subdivisions. If the planning director der determines that the proposed alteration is a major alteration, pursuant to subsection (B) of this section, then the planning directorer may require replatting pursuant to this chapter. Upon receipt of an application for alteration, planning services shall provide notice of the application to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the subdivision or short subdivision plat application. The notice shall establish a date for a public meeting or hearing. G. The city shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between adjacent properties. H. After approval of the alteration, the city shall order the applicant to produce a revised drawing of the approved alteration of the subdivision or short subdivision, which after signature the final plat or final short plat 12 Administration of Subdivisions Amend Ch 12.04 shall be filed with King County to become the lawful plat or short plat of the property. I. This section shall not be construed as applying to the alteration or replatting of any plat or short plat of state-granted shore lands. SECTIONS. — Amendment. Section 12.04.263 of the Kent City Code is amended as follows: Sec. 12.04.263. Clustering in urban separators. A. All subdivisions and short subdivisions in the SR-1 zoning district shall be required to be clustered pursuant to this section when the property is located wholly or partially within an urban separator as designated on the city of Kent comprehensive land use plan map. B. Except as described in subsection C of this section,_46cluster subdivisions and short subdivisions shall be subject to the SR-8 zoning district development standards outlined in KCC Title 15. These standards include, but are not limited to, minimum lot size, width, yards, setbacks, parking, landscaping, signage, etc. C. The provisions of KCC 12.04.235 through 12.04.250, as well as other applicable portions of this chapter, shall apply unless specifically exempted. In addition, the following standards shall apply to clustered subdivisions or short subdivisions: 1. Location. The cluster residential development shall be required in the SR-1 zoning district within urban separator areas. 13 Administration of Subdivisions Amend Ch 12.04 2. Permitted uses. The cluster residential development option shall include only single-family residential uses. 3. Minimum area. No minimum area is established for a cluster residential development. 4. Permitted density. The maximum number of dwelling units permitted in a cluster development shall be no greater than the number of dwelling units allowed for the parcel as a whole for the zoning district in which it is located. 5. Lot size. The minimum lot size of individual building lots within a cluster subdivision or short subdivision is two thousand five hundred (2,500) square feet. New lots created by any subdivision or short subdivision action shall be clustered in groups not exceeding eight (8) units. There may be more than one (1) cluster per project. Separation between cluster groups shall be a minimum of one hundred twenty (120) feet. 6. Lot width. The minimum lot width for individual building lots in a cluster subdivision or short subdivision shall be thirty (30) feet. 7. Other development standards. Development standards other than lot size, and width, and density shall be the same as are required within the SR-8 SR zoning district. S. Common open space. The common open space in a cluster subdivision or short subdivision shall be a minimum of fifty (50) percent of the nonconstrained area of the parcel. The nonconstrained area of the parcel includes all areas of the parcel, minus critical areas, as defined in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers. 14 Administration of Subdivisions Amend Ch 12.04 The remainder of the nonconstrained area of the parcel shall be the buildable area of the parcel. The common open space tracts created by clustering shall be located and configured in the manner that best connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering and other adjacent open spaces as well as existing or planned public parks and trails, and maintains scenic vistas. Critical areas and buffers shall not be used in determining lot size and common open space requirements in a cluster subdivision or short subdivision. All natural features (significant stands of trees and rock outcropping), as well as critical areas (such as streams, steep slopes and wetlands and their buffers) shall be preserved. Future development of the common open space shall be prohibited. Except as specified on recorded documents creating the common open space, all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity between the open space provided by the clustered development and adjacent open spaces; degrades wildlife habitat; and impairs the recreational benefits enjoyed by the residents of the development. Such common open spaces shall be conveyed to residents of the development, conveyed to a homeowners' association for the benefit of the residents of the development, or conveyed to the city with the city's consent and approval. SECTION 6, — Savings. The existing Chapter 12.04 of the Kent City Code, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. 15 Administration of Subdivisions Amend Ch 12.04 SECTION 7, - SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and the same shall maintain its full force and effect. SECTION S. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 9, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 20. APPROVED: day of 20. PUBLISHED: day of 20. 16 Administration of Subdivisions Amend Ch 12.04 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 VCivilAordinanceVCh 126h Amendments re Subdivision;Binding site Plans&LL Adjusnnents dona 17 Administration of Subdivisions Amend Ch 12.04 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 February 21, 2012 Committee Members Present: Les Thomas (chair), Dennis Higgins, Jamie Perry The meeting was called to order by L Thomas at 4:00 p.m. 1. APPROVAL OF MINUTES DATED FEBRUARY 7, 2012. J. Perry moved to approve the Operations Committee minutes dated January 17, 2012. D. Higgins seconded the motion, which passed 3-0. 2. APPROVAL OF CHECK SUMMARY REPORTS DATED JANUARY 1 THROUGH JANUARY 31, 2012 D. Higgins moved to recommend Council approve the Check Summary Reports dated January 1 — 31, 2012. J. Perry seconded the motion, which passed 3-0. 3. MOVE TO RECOMMEND COUNCIL APPROVE THE ADOPTION OF AN ORDINANCE ESTABLISHING A BIENNIAL BUDGET BEGINNING JANUARY 1, 2013. To date, the budget has been on an annual basis. After discussion at the Operations Committee, Council workshop and the Council retreat, it is being proposed to convert to a biennial budget. This process will save in efficiencies and provide a more long-range view. It will be presented as two annual allocations. T Brubaker created a new Kent city code section that establishes the biennial budget. All Operations Committee members are in favor of the change with mid-biennial review and modifications. The mid-biennial review will allow for modifications and the public can weigh in through public hearings on proposed modification, which will be passed by ordinance. Moving forward, council will work with staff on additional policy and procedures then bring them back through the Operations Committee. This Ordinance will go in front of the next City Council meeting. J. Perry moved to recommend Council approve the adoption of an ordinance establishing a biennial budget beginning January 1, 2013. D. Higgins seconded the motion, which passed 3-0. 4. INFRASTRUCTURE FUNDING PROCESS (INFORMATION ONLY) This is to continue the conversation for a funding package for Parks and Street infrastructure. An ad hoc Council committee consisting of D. Higgins, D. Ralph (Parks committee) and E. Alberston (Public Works committee) will be formed to work with staff and report back to the Operations Committee. D. Higgins will chair the ad hoc committee. Two separate committees consisting of community members, one representing Parks and the other representing Public Works/streets have been or will be formed to verify and prioritize projects then eventually present together to the council findings and multiple revenue sources. The Parks group is scheduled to meet on March 13. The meeting was adjourned at 4:38 p.m. by L. Thomas. Pamela Clark Operations Committee Secretary KENT ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES FEBRUARY 13, 2012 Committee Members Committee Chair Jamie Perry, Deborah Ranniger, Bill Boyce. Perry called the meeting to order at 5:30 p.m. 1. Approval of Minutes Councilmember Ranniger Moved and Councilmember Boyce Seconded a Motion to approve the January 9, 2012 Minutes. Motion PASSED 3-0. 2. 2035 Population & Employment Forecasts Planning Manager Charlene Anderson stated that the Puget Sound Region is expected to grow by 1.7 million people and 1.2 million jobs between 2000 and 2040. She stated that Carol Naito, Principal Planner/Demographer with Puget Sound Regional Council (PSRC) would speak on the models for growth forecasts and set the stage for the next update of Kent's comprehensive plan (due to be completed by June 30, 2015). Anderson stated that Kent needs to accommodate its share of the regional growth forecasts and ensure that there is adequate capacity for that growth to occur. Anderson stated that Kent has both a regional growth center (urban center) and a manufacturing/industrial center and is classified as a Core City in the regional geography. For the period 2000-2040, core cities in the 4-county region are expected to accommodate 22% of the population and 29% of the job growth; King County's core cities alone are expected to accommodate about 1/3 (233,000) of the total core cities population growth and almost 40% of the total core cities employment growth. Translated to the period of2006-2031 for King County, this means core cities in King County are expected to accommodate over 75,000 new housing units and almost 170,000 new jobs. For Kent and any remaining Potential Annexation Area (PAA) the targets are about 9400 additional housing units and 13,500 additional jobs during that time period. Kent will consider two different growth forecast models in the updates of the City's comprehensive plan, master plans, subarea plans, and capital facilities financing plans. Anderson stated that the city coordinates its State Growth Management planning through the PSRC and King County Countywide Planning Policies (KCPP), as well as in coordination and cooperation with other agencies and jurisdictions. There are new topics that are up for consideration in the next update of Kent's comprehensive plan. There are seven (7) mandated elements in the Comprehensive Plan (Land Use, Housing, Capital Facilities, Utilities, Transportation, Economic Development, Park and Recreation) and Kent has added two optional elements (Community Design and Human Services). Various department master plans use the same growth forecasts and these plans are incorporated into and must be consistent with Kent's Comprehensive Plan. The City performs its activities and makes capital budget decisions in conformity with the comprehensive plan. Anderson explained how achieving the community's vision is a balancing act among all the elements considered. She spoke about how the City of Kent needs to measure and monitor its capacity for growth. Flexible codes, zoning, development standards and street standards affect the growth capacity. She stated that growth forecasts and targets are the basis for the City's planning activities and capital funding Naito stated that the Puget Sound Regional Council is a federally designated metropolitan planning organization that serves the Central Puget Sound 4-county region of King, Kitsap, Pierce and Snohomish Counties. She defined Vision 2040 as a strategic planning document used to assist cities with growth management and future land use development. She spoke about Vision 2040's Regional Growth Strategy. ECDC Minutes February 13,2012 Page 1 of Naito reported that PSRC will release two new future land use datasets in May of 2012 known as (1) Land Use Forecast (UrbanSim), a new long-range, small area land use forecast developed using PSRC's UrbanSim model. This dataset represents where future development (to the year 2040) is likely to occur based on how the market responds to development capacities established by local jurisdictions' current comprehensive plans and implementing regulations, and (2) Local Targets Representation, a companion future land use dataset with the same population, household and population variables as the land use forecast, but aligned to match the local growth targets that have been or are being developed for 2030-2035. It represents where we want future development to occur based on the first wave of local growth targets developed under VISION 2040. Naito spoke about how the land use forecast and local targets relate to the GMA planning cycles. She described how the new datasets tie in with PSRC's plan review, with the upcoming major comprehensive plan updates, and other local planning projects. She explained that PSRC provides local planning jurisdictions with guidance and technical assistance. Informational Only 3. 2012 ECD Draft Work Program Planning Manager Fred Satterstrom reported on the 2012 work program consisting of categories related to; technology, permitting, economic development, community development, code enforcement and special projects. Satterstrom stated that part of the technology the city uses is the KIVA program, an automated tracking system for development applications. Staff anticipates that within the next 2-5 years, on-line permitting will be added to the system for simple (over-counter) permits which will continue to improve and streamline the permitting process. Satterstrom stated that regulatory ordinances will be reviewed on an ongoing basis by staff, and proposed amendments would be brought forward to the Committee as issues arise. Satterstrom stated that three actions have been funded through the budget process; an Economic Development Study, a Planned Action Ordinance (PAO) for Downtown, and a PAO for Midway. Completion of the Midway and Downtown PAO will likely depend on traffic modeling. He stated that staff may be reviewing priorities for re-allocation of funds and will bring this back to Committee. Satterstrom stated that staff is pursuing grants for development of landfills. He stated that staff will begin the process of updating Kent's 2015 Comprehensive Plan and as updates are drafted, this will be brought before the Committee. Satterstrom stated that with respect to Medical Marijuana, the Legislature is working on some proposed bills which could result in some answers within the next 30-60 days. Satterstrom reported that ECD Director Ben Wolters is working with the Code Enforcement/Building Services staff on developing a report of priority issues such as public safety. Staff is evaluating code enforcement regulations for possible amendments that would result in a more efficient and clearer administration of those regulations. Satterstrom stated that the Levee Certification and the Boeing land transaction are two special projects that staff is actively working on. The Committee and Satterstrom discussed customer satisfaction surveys staff conducted with respect to permitting that has lead to some procedural changes. The Committee voiced interest in reviewing the survey responses. Informational Only 4. Economic Development and Permit Update Economic Development Manager Kurt Hanson stated that the City invited consultant Roger Brooks to speak on ways to bring change to Kent. Economic Development Specialist Josh Hall put a booklet together titled "First Impressions", which serves as a walking tour of the city'. Kent Downtown Partnership (KDP) and City staff will discuss this program at their breakfast on Friday. ECDC Minutes February 13,2012 Page 2 of Hanson announced that the East Hill Community Forum will be held on Saturday, March 3 from 9-1 pm at East Hill Elementary School. He stated that an invitation was distributed to the community and that those wishing to attend need to RSVP by February 271h. He stated that lunch would be provided and translation services would be available. Hanson stated that "Sweet Themes Bakery" will be replacing a closed commercial business in downtown Kent on Meeker and is targeted to open approximately the end of March. The plan for the business includes catering, bakery, breakfast and lunch. Hanson stated that a predevelopment meeting is scheduled February 22"' for the Kent City Center project downtown. Hanson stated that The Starbucks/Tazo Tea Plant expansion is underway with an initial recruitment of 45 employees being brought to Kent and with additional expansion anticipated as business is ramped up internationally. Informational Only Adiournment Committee Chair Perry adjourned the meeting at 6:40 p.m. Pamela Mottram, Secretary Economic & Community Development Committee PIAPlanningAECDCA2012\MlnutesV02-13-12_Mln.doc ECDC Minutes February 13,2012 Page 3 of SPECIAL PUBLIC WORKS COMMITTEE Minutes of Monday, February 13, 2012 COMMITTEE MEMBERS PRESENT: Committee Chair Elizabeth Albertson and committee members Dennis Higgins and Dana Ralph were present. The meeting was called to order at 4:05 p.m. Item 1— Approval of Minutes Dated February 6, 2012: Higgins MOVED to approve the minutes of February 6, 2012. The motion was SECONDED by Ralph and PASSED 3-0. Item 2 —Washington Recreation and Conservation Office Grant/Downey Farmstead Restoration Proiect: Environmental Supervisor, Alex Murillo shared with committee members that the City was awarded a total of $253,581 in Grant funds for this project. He went on to give an informative PowerPoint presentation showing the location and several preliminary conceptual designs of the project. Murillo stated that a secondary goal of the project is to create additional flood storage to help alleviate flood damage to nearby urban and agricultural areas. Funds from this grant will be used to cover the cost of final design plans and specifications, permitting and construction cost estimate. After completing this work, we will apply for grant funds to construct the project. Once completed, the Downey Farmstead project will serve as another example of Kent's commitment to balancing the habitat qualities of the Green River with flood conveyance. The City has already received a grant for $46,419.00 from the King Conservation District. This will be used as matching funds for the RCO grant. Thus, the RCO grant of $253,581.00 will bring a total of $300,000.00 to fund the project. No city funds are required. Ralph MOVED to recommend Council authorize the Mayor to sign the Washington State Recreation and Conservation Office (RCO) grant in the amount of $253,581.00 and direct staff to establish a budget for the funds to be spent within the Downey Farmstead Restoration Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 3 — Contract/JA Brennan Associates, PLLC — Levee Wall Aesthetics Design and Irrigation Design at the Boeing Levee: Environmental Engineer, Toby Hallock gave an informative PowerPoint presentation. He noted that the consultants hired to certify the Boeing Levee found deficiencies in the north end of the levee segment at the Three Friends Fishing Hole Park. Proposed improvements include a secondary levee and floodwall which will address these deficiencies. This work is necessary for FEMA Accreditation of the Boeing Levee. The proposed consultant services contract with JA Brennan Associates provides for an architectural finish of the proposed floodwall. The consultant will consider the Page 1 of 4 SPECIAL PUBLIC WORKS COMMITTEE Minutes of Monday, February 13, 2012 existing features and aesthetics of the Three Friends Fishing Hole Park to prepare a wall design that blends well with the park surroundings. This contract also includes redesign of the irrigation system to maintain lawn and plantings after flood protection improvements are in place. Public Works and Parks staff have reviewed and agreed on this proposed contract. LaPorte noted that Engineering staff has been working closely with Parks staff on this project. Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant Services Contract Agreement with JA Brennan Associates for Levee Wall Aesthetic Design and Irrigation Design at Three Friends Fishing Hole Park for the Boeing Levee Project in the amount not to exceed $28,793.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. Item 4 — Contract/GEI Consultants — Briscoe Desimone Levee Certification: Design Engineering Manager, Mark Howlett gave an informative PowerPoint presentation. He noted that this contract will provide the City a complete package for submitting a Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision (CLOMR) for the levee section on the right bank. Howlett stated that roughly half of the levee is in Tukwila and that the City is looking at funding help from Tukwila. Renton is also interested in assistance and backing. Howlett further noted that due to existing development behind these levees, areas requiring reconstruction for FEMA accreditation will utilize some form of underground reinforcement or shoring. Construction of these improvements is costly, but necessary if existing businesses and infrastructures are to remain in place. Ralph MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GEI Consultants, Inc. to perform analysis and certification of the Desimone and Briscoe Levees in an amount not to exceed $284,883 upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Page 2 of 4 SPECIAL PUBLIC WORKS COMMITTEE Minutes of Monday, February 13, 2012 Item 5 — Contract/PACE Engineering — James Street Pump Station: Design Engineering Supervisor, Kelly Casteel explained that the James Street Stormwater Pump Station located just north of James Street near Woodford Ave N. can no longer keep up with existing flows on James Street. This new pump station will help alleviate local flooding of James Street at Mill Creek. Casteel further noted the footprint isn't big enough and that staff is looking at acquiring a small residential property and that an easement will be needed from the School District. Higgins MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with PACE Engineers, Inc. for civil, geotechnical, and electrical services for the James Street Pump Station in an amount not to exceed $58,187, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. Item 6 — Contract/AECOM — Structural Engineering Design for Retaining Walls — Horseshoe Bend : Design Engineering Supervisor, Mark Madfai gave an informative PowerPoint presentation. He explained that as part of the certification of the Horseshoe Bend Levee, the City must construct a secondary levee along a portion of the east and west ends of the Horseshoe Bend Levee. Madfai stated that in most areas the levee consists of an earthen berm or a raised roadway embankment. However, in areas where there is limited space, a levee retaining wall will be constructed. The wall will be between 5.5 ft and 6 ft tall. Staff has met several times with the condominium owners in the area. All costs associated with this agreement will be paid by the Department of Ecology via a $10 million grant for the Horseshoe Bend Levee. Construction is due to begin in 2012. Ralph MOVED to recommend Council authorize the Mayor to sign a contract with AECOM Technical Services Inc. in an amount not to exceed $49,142.28 for structural engineering for levee retaining walls on the Horseshoe Bend Levee subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Page 3 of 4 SPECIAL PUBLIC WORKS COMMITTEE Minutes of Monday, February 13, 2012 Item 7 — Proposed Local Improvement District (L.I.D.) #364 — SE 256th Street (Kent-Kanaley Road to 116th Ave SE): Design Engineering Supervisor, Mark Madfai showed several photos of the area depicting the condition of the roads and the pedestrian traffic. He stated that he is here to request authorized to move forward with the formation of a local Improvement District. He went on to note that this is an unfinished gap on S 256th street that has gravel shoulders, poor lighting, a two lane road and no sidewalks. There are over 1,200 apartment units; with over 250 children a day that wait for school buses; and over a 140 buses that run from 6:00 a.m. to 8:00 p.m. daily. Public Works Director, Tim LaPorte noted that we are at a critical juncture. The Transportation Improvement Board (TIB) has been one of our best funding partners; it is time for us to move ahead with the project or give the money back. LaPorte explained that once the L.I.D. is formed Finance sells Municipal bonds to investors. They will have 15 years to pay which would start two years after the L.I.D. is formed property owners have the option of paying the L.I.D. assessment in full or they can pays 1/15th with interest or pay it off in full or they can pay an annual charge of 1/15 of the principal plus interest on the outstanding balance. Higgins MOVED to recommend Council authorize the Mayor to direct staff to proceed with the formation of Local Improvement District #364. The motion was SECONDED by Ralph and PASSED 3-0. Item 8 — Information Only/Sanitary Pump Station: Interim Operations Manager, Dave Brock presented an informative PowerPoint presentation explaining how sewage moves through the system and where it goes after it leaves the City system; an explanation of what a pump station is and what they do; an overview of each pump station, maintenance of pump stations, and future improvements. Information Only/No Motion Required Item 9 — Information Only/2012 Work Plan: Item 9 will be heard at a later date. The meeting was adjourned at 5:27 p.m. Cheryl Viseth Council Committee Recorder Page 4 of 4 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION