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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/05/2013 CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. February 5, 2013 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT February 5, 2013 W>_HI. N Council Chambers Mayor Suzette Cooke Council President Dennis Higgins Councilmember Elizabeth Albertson Councilmember Bill Boyce Councilmember Jamie Perry Councilmember Dana Ralph Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA CANCELLED ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Legislative Update 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Memorandum of Understanding for Joint Human Services Application/Grant Management - Authorize D. Addendum to "Go Grants" Online Subscription Service Agreement - Authorize E. Recreation and Conservation Office Grant Agreement - Accept F. Green River Flood Protection Sandbag Removal - Accept as Complete G. Local Hazardous Waste Management Program Grant - Accept H. Olympic Environmental Resources Recycling Contract - Authorize I. 64th Ave. S. Channel Improvements Consultant Contract with AMEC - Authorize J. Briscoe Desimone Levee Contract with GEI - Authorize K. Upper Johnson Creek Restoration, Phase II - Accept as Complete - Approve (Continued) COUNCIL MEETING AGENDA CONTINUED S. OTHER BUSINESS A. Proposed SE 2561h Street Local Improvement District 364 — Resolution of Intent — Adopt B. Human Resources Community Outreach Position — Approve 9. BIDS A. Hawley Road Levee Improvements 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. 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. 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Legislative Update PUBLIC COMMENT Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through K. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of January 15, 2013. 7B. Approval of Bills. Approval of payment of the bills received through 12/31/2012 and paid on 12/31/12 after auditing by the Operations Committee on 01/15/13. Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/12 Wire Transfers 5287 5337 $1,646,517.81 12/31/12 Regular Checks 669544 669970 $3,655,157.03 Void Checks $0.00 12/31/12 Use Tax Payable $1,738.55 $5,303,413.39 Approval of checks issued for payroll for 12/16/2012 through 12/31/2012 and paid on 01/04/2013: Date Check Numbers Amount 1/4/2013 Checks 330195 330333 $70,618.70 Voids and Reissues 1/4/2013 Advices 308264 308890 $1,180,580.62 $1,251,199.32 Kent City Council Workshop January 15, 2013 Councilmembers present: Higgins, Perry, Ralph, Thomas, and Boyce. The meeting was called to order at 5:34 p.m. by Council President Higgins. Winter Homeless Services/Task Force Update. Human Services Manager Katherine Johnson gave an overview of winter services including mental health, shelters, medical/dental services/outreach and emergency assistance and how each agency works together and how successful these meetings have become. Johnson noted that on January 25 at 2:00 a.m. is a national one night count of homeless individuals and that anyone wishing to participate can call Jason Johnson in Human Services. Johnson explained other prevention pieces that help families with energy assistance, paying their water bill and getting extra food for these families. Johnson described the task force's two recommendations: one, was to encourage cooperative work between KentHope and the business community, and second, was the quality of life issue and what's happening in public spaces in Kent. She stated that the task force recommended that Council direct staff to look at civility laws and encourage appropriate behavior in our public spaces. Assistant City Attorney David Galazin gave an overview of transit regulations and of different sections in the City code that regulate certain behavior. There was discussion regarding the issue of conduct in public places and a need for direction given to public safety in dealing with this issue. The meeting adjourned at 6:35 p.m. Mary Simmons Deputy City Clerk 1 y RCN i Kent City Council Meeting Was„ „ ,., January 15, 2013 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. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins suggested adding Consent Calendar Item R, an excused absence for Councilmember Ranniger, and removing Consent Calendar Item Q and placing it on Other Business Item B to the agenda. B. From the Public. No changes were made by the public. PUBLIC COMMUNICATIONS A. Public Recognition. No public recognition was given. B. Community Events. No community events were given. C. State of the County. King County Councilmember Reagan Dunn gave an overview of the County's budget, criminal justice system, flood district, county roads, human trafficking campaign, and county internship program for veterans. D. Legislative Report. Communication and Public Affairs Manager Michelle Wilmot noted that the 63rd Legislative Session started yesterday. She gave an overview of the legislative challenges facing the legislature this session. E. Public Safety Report. Police Chief Thomas gave a life saving award to Officer Scott Renkin for giving life support assistance to a school student. He went on to give the monthly crime statistics and then introduced Sergeant Mark Gustafson, who is retiring after 33 years. Chief Thomas reported on other activities in the Police Department. F. Intergovernmental Reports. Council President Higgins gave a brief update on what committees he'll be serving on this year. Councilmember Ralph reported that the Regional Law Safety and Justice Committee will meet on the fourth Thursday of the month. Councilmember Perry gave an update on the issues that the Sound Cities Association (formerly Suburban Cities Association) Public Issues Committee (PIC) will be working on and noted the committees she will be serving on this year. 1 Kent City Council Minutes January 15, 2013 PUBLIC COMMENT A. Kent Historical Museum. Nancy Simpson, 20836 101st Avenue SE, thanked the Mayor and Council for their support of the Kent Museum. She also noted the events this month and in February. B. Kent Lions Club. Bill Westcott, 12604 SE 222nd Place, noted the issues the Kent Lions Foundation participates in and the activities the Kent Lions Club is involved with in Kent. He thanked all the sponsors, partners and volunteers involved with these events. C. Invitation from Councilman Adam Smith. Linh Thai, 101 Evergreen Building, 15 South Grady Way, Renton, invited the Mayor and Council to participate in a ribbon cutting and open house for Councilman Adam Smith's new office on Wednesday, January 30, 2013 at 3:00 p.m. CONSENT CALENDAR Council President Higgins moved to approve the revised Consent Calendar Items A through R, excluding Item Q, seconded by Councilmember Thomas. Motion carried 7-0 and the following items were approved: A. Minutes of the workshop and regular Council meeting of January 2, 2013 B. Payment of the bills received through November 30 and paid on November 30, 2012 after auditing by the Operations Committee on January 2, 2013. Checks issued for vouchers: Date Check Numbers Amount 11/30/12 Wire Transfers 5287-5305 $1,429,543.95 11/30/12 Regular Checks 668726-669190 2,958,360.53 11/30/12 Use Tax Payable 1,922.45 $4,389,826.93 Payment of the bills received through December 15 and paid on December 15, 2012 after auditing by the Operations Committee on January 2, 2013. Checks issued for vouchers: Date Check Numbers Amount 12/15/12 Wire Transfers 5306-5324 $1,840,911.00 12/15/12 Regular Checks 669191-669543 1,735,276.26 Void Checks 669387,669412 (27,951.17) 669532 12/15/12 Use Tax Payable 1,988.92 $3,550,225.01 2 Kent City Council Minutes January 15, 2013 Checks issued for payroll for November 16 through November 30 and paid on December 5, 2012: Date Check Numbers Amount 12/5/12 Checks 329923-330047 $ 91,997.82 12/5/12 Advices 307002-307632 1,576,697.66 $1,668,695.48 Checks issued for payroll for December 1 through December 15 and paid on December 20, 2012: Date Check Numbers Amount 12/20/12 Checks 330048-330195 $ 92,407.73 12/20/12 Advices 307633-308263 1,226,843.02 $1,319,250.75 C. City Clerk Ronald F. Moore. The Mayor's selection and appointment of Ronald F. Moore as Kent City Clerk was confirmed. D. Taraet, Inc. Crime Fiahtina Grant. The Mayor was authorized to accept the Target, Inc., grant in an amount of $500, amend the budget, and expend the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. E. Implementing Marijuana Initiative 502 — Ordinance. Ordinance No. 4068 amending Section 9.02.150 of the Kent City Code, entitled "Criminal Code," adopting new RCW's relating to marijuana, subject to approval of the City Attorney, was adopted. F. Worksite Wellness Contract. The Mayor was authorized to sign the Worksite Wellness contract, subject to approval of final terms and conditions acceptable to the Human Resource Director and the City Attorney. G. James Street Stormwater Outfall Retrofit Acceptance of Statewide Stormwater Grant. The Mayor was authorized to accept the FY2012 Statewide Stormwater Grant in the amount of $75,000 for the James Street Stormwater Outfall Retrofit Project, amend the budget, and expend the funds in accordance with the grant terms was authorized, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Riaht-of-Way Dedication - Pacific Hwy S. at 242"d Street. The Mayor was authorized to sign the Quit Claim Deed dedicating Right-of-Way for South 242nd Street at Pacific Highway South, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. I. Contract with Columbia Basin Water Works Large Meter Testing and Calibration. The Mayor was authorized to sign a contract with Columbia Basin Water Works for testing and calibration of large distribution water meters, in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. 3 Kent City Council Minutes January 15, 2013 J. Amendment to the Conservation Futures Interlocal Cooperation Aareement for McSorlev Creek Wetland Acauisition Grant. The Mayor was authorized to sign an amendment to the Conservation Futures Interlocal Cooperation Agreement for McSorley Creek Wetland Acquisition Grant with King County to reimburse the City $300,000 to purchase 40.58 acres of property known as the McSorley Wetland, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. Boeina-Pacific Gateway Easement Releases. The Mayor was authorized to sign easement releases for the Pacific Gateway property, subject to terms and conditions acceptable to the City Attorney and Public Works Director. L. Kent North PUD Division I-East Site, Bill of Sale. The Bill of Sale for the Kent North PUD Division I - East Site project, Permit No. 2062462 for 10 sanitary sewer manholes, and 1,522 linear feet of sanitary sewerline was accepted. M. Kent North PUD Division II, Bill of Sale. The Bill of Sale for the North PUD Division II project, Permit No. 2073940 for 23 gate valves, 8 hydrants, and 4,464 linear feet of waterline, 20 sanitary sewer manholes, and 3,999 linear feet of sanitary sewerline was accepted. N. Kent North PUD Sewer Lift Station, Bill of Sale. The Bill of Sale for the North PUD Sewer Lift Station project, Permit No. 2060896 for 1 sanitary sewer manhole, and 854 linear feet of sanitary sewerline was accepted. O. Kent North PUD, Bill of Sale. The Bill of Sale for the North PUD project, Permit No. 2061577 for 29 gate valves, 8 hydrants, and 4,625 linear feet of waterline, 9 sanitary sewer manholes, and 1,708 linear feet of sanitary sewerline, 3,861 linear feet of new street, 3 storm sewer manholes, 44 Type I catch basin, and 3,589 linear feet of storm sewerline was accepted. P. Kent North PUD, Division I, Bill of Sale. The Bill of Sale for the North PUD Division I project, Permit No. 2062462 for 20 gate valves, 7 hydrants, and 2,840 linear feet of waterline, 18 sanitary sewer manholes, and 2,790 linear feet of sanitary sewerline was accepted. ADDED ITEM R. Excused Absence. An excused absence for Councilmember Ranniger, who was unable to attend the January 15, 2013, meeting, was approved. OTHER BUSINESS A. 2013 Legislative Agenda. Communication and Public Affairs Manager Michelle Wilmot reviewed the top priority issues that will impact the City's local services. Council President Higgins moved to approve the 2013 State Legislative Agenda for the city of Kent, seconded by Councilmember Thomas. Motion carried 7-0. 4 Kent City Council Minutes January 15, 2013 B. Coal Trains — EIS Scopina Letter. Impact to City of Kent. Public Works Director Tim LaPorte noted that a letter opposing an increase in train traffic and coal dust be signed. Councilmember Albertson moved to approve and endorse the Coal Export Facility Environmental Impact Statement Scoping Letter and authorize the Mayor and councilmembers to sign the document, seconded by Council President Higgins. Motion carried 7-0. Councilmember Albertson noted that this letter will be on the website for the public to view. The motion passed unanimously. REPORTS A. Council President. Council President Higgins noted that at workshop a staff report was given on services available to the homeless during the winter and a Task Force that was formed to review these services and research laws in Kent and surrounding cities. B. Mayor. Mayor Cooke noted that she wanted to recognize the hundreds of volunteers who help serve the Monday night meals at the 30th Anniversary Celebration of the Kent Lutheran Church. She highlighted the legislative session in Olympia and the Tazo Tea ribbon cutting ceremony. She also introduced the new City Clerk, Ronald F. Moore. C. Administration. Chief Administration Officer John Hodgson noted that there will be a 30 minute executive session at the end of the meeting to discuss property negotiations and that there may be action following. D. Economic & Community Development Committee. Councilmember Perry noted that at the last meeting Economic & Community Development department gave an update of their accomplishments and goals. E. Operations Committee. Councilmember Thomas noted that Economic & Community Development Director Ben Wolters will mediate forums for ShoWare events. F. Parks and Human Services Committee. No report was given. G. Public Safety Committee. Councilmember Boyce noted that Police Chief Thomas was asked for a staffing plan and to work towards this goal. H. Public Works Committee. No report was given. I. Regional Fire Authority. Councilmember Thomas noted that he was voted to be the next Chairman of the Board. 5 Kent City Council Minutes January 15, 2013 EXECUTIVE SESSION At 8:36 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for one hour to discuss property acquisition, per RCW 42.30.110(1)(b) & (c). ADJOURNMENT At 9:08 p.m., the Executive Session concluded and Mayor Cooke declared the regular meeting adjourned. Ronald F. Moore, MMC City Clerk 6 Z KENT NA"'' ". Agenda Item: Consent - 7C TO: City Council Parks DATE: February 5, 2013 SUBJECT: Memorandum of Understanding for Joint Human Services Application/Grant Management - Authorize MOTION: Authorize the Mayor to sign the Memorandum of Understanding between the city of Kent and 18 local cities for management of online grants subscription services, subject to final terms and conditions acceptable to the City Attorney and Parks and Human Services Director. SUMMARY: The attached Memorandum of Understanding is a joint effort among the city of Kent and 18 participating jurisdictions that will designate Kent to manage the online grants subscription services with Western States Arts Federation. The contract is based on a prescribed fee schedule and describes the mechanism Kent will use to invoice these cities for the management services. In 2010, the city of Kent joined with 18 cities to provide a common online application for Human Service funding. At that time, this was provided through eCityGov. During the funding cycle in 2010, staff determined there were numerous shortfalls with the product offered through eCityGov and, in collaboration with the other cities, we began a search for a better product. The selected vendor offered a superior product and a lower cost. However, due to the timing, it was decided by all of the cities to have eCityGov contract with the vendor for 2011 and 2012. Because of the high administrative cost being charged by eCityGov, the cities determined it would be better to have the agreement between Westaff, the vendor, and eCityGov transferred to one of the member cities. Kent volunteered to represent the other cities. The cost savings for Kent will be over $5,000 annually. EXHIBITS: Memorandum of Understanding RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: None MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF KENT, AUBURN, BELLEVUE, BOTHELL, BURIEN, COVINGTON, DES MOINES, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, MERCER ISLAND, REDMOND, RENTON, SAMMAMISH, SEATAC, SHORELINE, TUKWILA, AND WOODINVILE FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT HUMAN SERVICES APPLICATION AND FUNDING PROGRAM. THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into pursuant to Chapter 39.34 RCW by the Cities of Kent, Auburn, Bellevue, Bothell, Burien, Covington, Des Moines, Federal Way, Issaquah, Kenmore, Kirkland, Mercer Island, Redmond, Renton, Sammamish, SeaTac, Shoreline, Tukwila, and Woodinville, Washington hereinafter referred to as "Cities", to provide for planning, funding, and implementation of a joint human services application and funding program. WHEREAS, the Cities engage in activities which support human service providers in King County; and WHEREAS, the Cities wish to make the most efficient use of their resources by cooperating to provide funding to support human service providers in King County; and WHEREAS, through the Interlocal Cooperation Act, the Cities have the authority to engage in cooperative efforts which result in more efficient use of Government resources; and NOW THEREFORE, and in consideration of the terms, conditions and performances made herein, it is agreed as follows: 1. Purpose of MOU: The purpose of this MOU is to facilitate the alliance of the 19 member Cities who independently provide funding to organizations to provide critically needed human services in their communities, but jointly receive applications for grant funding through one online grant subscription service and portal. The various human service programs funded by the member cities include food security, housing and homelessness prevention, health, mental health, youth services, and others. 2. Joint Participation. a) Lead City. The City of Kent shall be the designated lead city ("Lead City"). The Lead City shall contract directly for and manage the online grants subscription service with Western States Arts Federation ("Vendor"). The other responsibilities of the Lead City are described in Section 4. Online Grant Funding Application MOU Page 2 of 10 b) Participating City. A Participating City is a City participating in the joint online funding application portal, who is a party to this MOU, and who is not a Lead City. 3. Funding Arrangement. The Lead City and each Participating City will jointly participate in the costs to run the online grants subscription service. The allocation of costs shall be based on population ranges of each city, as established by population estimates made by the Office of Financial Management pursuant to RCW 43.62.030. The initial allocation shall be as described in Exhibit A, attached and incorporated herein. Any Participating City requesting a change in allocation may only do so by written amendment to this MOU, in accordance with Section 12. Each Participating City shall provide its annual financial contribution to the Lead City no later than thirty (30) days after receiving invoice from the Lead City, pursuant to Section 4(a)below. 4. Responsibilities of Lead City. The Lead City has been designated to act as the fiscal and administrative agent for the Participating Cities. The responsibilities of the Lead City shall include the following: a) Send an invoice to each Participating City by February 15th of each year for their annual funding participation. b) Contract with the Vendor, and manage the performance of the online grants subscription service. c) For each year after the first year of this agreement, provide a projected estimate of the annual financial contribution to be made by each of the Participating Cities no later than September 30u' of the preceding calendar year in which the contribution is to be made. d) Maintain accounts and records which properly reflect transactions related to this MOU. 5. Duration. This MOU shall become effective when it is approved by a majority of the Cities and shall remain in effect through December 31, 2013, with automatic extensions annually, unless terminated as described in section 6. 6. Termination. Any City may terminate its participation in the MOU without cause by giving the other Cities a thirty (30) day written notice. The terminating party shall remain fully responsible for meeting its funding responsibilities and other obligations established by this MOU through the end of the calendar year in which such notice is given. If at any time termination of a City results in fewer than ten Cities remaining as parties to this MOU, then this MOU shall automatically terminate after sixty (60) days for all remaining Cities, provided that all Cities shall remain fully responsible for funding responsibilities and other obligations established by this MOU through the end of the calendar year in which such termination becomes effective. Online Grant Funding Application MOU Page 3 of 10 7. Notices. Notices to the Cities shall be sent to the following persons: City Contact Auburn Michael Hursh, Advisor to the Mayor Bellevue Joseph Adriano, Human Services Grant Coordinator Bothell Lynda Quinn, Sr. Administrative Assistant Burien Lori Fleming, Management Analyst Covington Victoria Throm, Human Services Analyst Des Moines Sue Padden, Senior Center Manager Federal Way Jay Bennett, Community Services Manager Issaquah Mark Hinthome, Planning Director Kenmore Leslie Harris, Public Information Officer Kent Katherin Johnson, Human Services Manager Kirkland Sharon Anderson, Human Services Coordinator Mercer Island Cynthia Goodwin, Department of Youth and Family Services Director Redmond Brooke Buckingham, Human Services Planner Renton Karen Bergsvik, Human Services Manager Sammamish Melonie Anderson, City Clerk SeaTac Colleen Brandt-Schluter, Human Services Manager Shoreline Rob Beem, Community Services Manager Tukwila Evie Boykan, Human Services Manager Woodinville Zach Schmitz, Management Analyst 8. Indemnification. Each City agrees to indemnify the other Cities from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of such City, the City's employees, affiliated corporations, officers, and lower tier subcontractors in connection with this MOU. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any City agent or employee against the other Cities. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 9. Insurance. Each City shall procure and maintain in full force throughout the duration of the MOU comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence/aggregate for personal injury and property damage. In the event that a City is a member of a pool of self-insured cities, the City shall provide proof of such membership in lieu of the insurance requirement above. Such Online Grant Funding Application MOU Page 4 of 10 self insurance shall provide coverage equal to or greater that required of non-self insurance pool member Cities. 10. Oversight Committee. This MOU shall be managed by an Oversight Committee made up of six City representatives, as follows: one each from three member Cities from South King County, and one each from three member Cities in East King County, to be designated by the Lead City. The representative of each City shall be that person designated in section 7 of this MOU. The Oversight Committee shall meet at least annually to discuss the terms of the MOU and request any changes to the services provided pursuant to the MOU. 11. Applicable Law: Venue: Attorney's Fees. This MOU shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this MOU, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 12. Amendments. This MOU may be amended, altered, changed or extended in any manner by the mutual written consent of all member Cities. 13. Counterparts. This document may be executed by facsimile or electronic mail in any number of current parts and signature pages hereof with the same effect as if all parties had all signed the same document. All counterparts, each one which shall be considered an original, together constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this day of 12013. Online Grant Funding Application MOU Page 5 of 10 CITY OF AUBURN By: Approved As To Form: Title: City Attorney Date: CITY OF BELLEVUE By: Approved As To Form: Title: Date: City Attorney CITY OF BOTHELL By: Approved As To Form: Title: City Attorney Date: CITY OF BURIEN By: Approved As To Form: Title: City Attorney Date: Online Grant Funding Application MOU Page 6 of 10 CITY OF COVINGTON Approved As To Form: By: Title: City Attorney Date: CITY OF DES MOINES By: Approved As To Form: Title: City Attorney Date: CITY OF FEDERAL WAY By: Approved As To Form: Title: City Attorney Date: CITY OF ISSAQUAH By: Approved As To Form: Title: City Attorney Date: Online Grant Funding Application MOU Page 7 of 10 CITY OF KENMORE Approved As To Form: By: Title: City Attorney Date: CITY OF KENT By: Approved As To Form: Title: City Attorney Date: CITY OF KIRKLAND By: Approved As To Form: Title: City Attorney Date: CITY OF MERCER ISLAND By: Approved As To Form: Title: City Attorney Date: Online Grant Funding Application MOU Page 8 of 10 CITY OF REDMOND Approved As To Form: By: Title: City Attorney Date: CITY OF RENTON By: Approved As To Form: Title: City Attorney Date: CITY OF SAMMAMISH By: Approved As To Form: Title: City Attorney Date: CITY OF SEATAC By: Approved As To Form: Title: City Attorney Date: Online Grant Funding Application MOU Page 9 of 10 CITY OF SHORELINE Approved As To Form: By: Title: City Attorney Date: CITY OF TUKWILA By: Approved As To Form: Title: City Attorney Date: CITY OF WOODINVILLE By: Approved As To Form: Title: City Attorney Date: P ACivilTilesVOpen FilesT733-12 Human SBNlcesV190ty0nllneGrantM0U DAG Final doc Online Grant Funding Application MOU Page 10 of 10 Exhibit A Fee Schedule City 2013 Fee Population Auburn $750.00 63,390 Bellevue $1000.00 124,600 Bothell $500.00 17,280 Burien $500.00 47,730 Covington $500.00 17,760 Des Moines $500.00 29,700 Federal Way $750.00 89,460 Issaquah $500.00 31,150 Kenmore $500.00 21,020 Kent $1,000.00 119,100 Kirkland $750.00 81,480 Mercer Island $500.00 23,154 Redmond $750.00 55,360 Renton $1,000.00 93,910 Sammamish $500.00 47,420 SeaTac $500.00 27,210 Shoreline $750.00 53,270 Tukwilla $500.00 19,080 Woodinville $500.00 10,960 $12,250.00 Population Fee 0-50000 $500.00 50000-90000 $750.00 90000+ $1,000.00 Z KENT w^ Agenda Item: Consent - 7D TO: City Council DATE: February 5, 2013 SUBJECT: Addendum to "Go Grants" Online Grants Subscription Service Agreement - Authorize MOTION: Authorize the Mayor to sign the addendum to the "Go Grants" Online Subscription Service Agreement between the City of Kent and Western States Arts Federation, subject to final terms and conditions acceptable to the City Attorney and Parks and Human Services Director. SUMMARY: The attached amendment transfers the agreement between Western States Arts Federation and Bellevue/eCityGov to the city of Kent. The city is representing 18 other local cities for online grant management. The other participating cities will pay their portion of the fees to Kent on an annual basis. The fee structure is based on the size of the city. BACKGROUND: In 2010, the city of Kent joined with 18 cities as the Human Services Funders Collaboration to provide a common online application for human service funding. At that time this was provided through eCityGov. During the funding cycle in 2010, staff determined there were numerous shortfalls with the product offered through eCityGov and in collaboration with the other cities began a search for a better product. The selected vendor offered a superior product and a lower cost. The cost savings for Kent will be over $5,000 annually. However, due to the timing, it was decided by all of the cities to have eCityGov contract with the vendor for 2011 and 2012. Due to the high administrative cost being charged by eCityGov, the cities determined it would be better to have the agreement between Westaff, the vendor, and eCityGov transferred to one of the member cities. Kent volunteered to hold the contract. EXHIBITS: "Go Grants" Amendment RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: None 9 grants online o:gjanizatim Mthcout limits ADDENDUM to GOTm: GRANTS ONLINE SUBSCRIPTION SERVICE AGREEMENT The following Addendum to the Service Agreement specified above is in reference to the contract dated 01/06/2012, between the Western States Arts Federation (WESTAF) and the eCityGov Alliance (Client). In regard to the above mentioned contract, WESTAF hereby authorizes, and the undersigned parties hereby agree to, the following changes outlined below: 1. The City of Kent shall assume responsibility for managing the above mentioned contract. 2. Management of the above mentioned contract shall be at the current rate, as outlined in Appendix No. 4: GOT4 Service Renewal Agreement. 3. The City of Kent shall assume responsibility for any outstanding payments due to WESTAF by Client, according to Appendix No. : GOT^^ Service Fees and Rate Schedule and Appendix No. 4: GOTM^ Service Renewal Agreement. No other terms or conditions of the above mentioned contract shall be negated or changed as a result of this Addendum. In witness whereof, each party has caused this document to be executed by its duly authorized representative. Signatur / / Print Name Leah 1r� 1 Date 11/2'R/2012- Signature Print Name Date GOTM:GRANTS ONLINE SUBSCRIPTION SERVICE AGREEMENT THIS GOTM:Grants Online Subscription Service Agreement(Agreement)is between the Western States Arts Federation, a Colorado nonprofit corporation (WESTAF),and the ecityGov Alliance, an Interlocal Agency formed under the Washington State Interlocal Cooperation Act, Chapter 39.34 RCW (Client). The Client subscribes to the GOTM service from;WESTAF and WESTAF agrees to provide the GOTM service to the Client upon the terms and conditions of this Agreement,as follows: DEFINITIONS: unless another meaning is given or apparent,and whether or not capitalization is used,the following definitions apply to this Agreement: "Client data"means the data that the GOTM service collects from the Client and Its users and includes text lnpuited:to complete grant applications(defined below as text data)and digital media,such as Images,audio,video and document-files,uploaded by grant applicants through the GOTm service (defined below as media data), The Client owns all client data. "Cycle" means the period of time,defined by the opening and closing dates, during which form sets for a grant are accepted by the Client,e.g.,annual grants would have one cycle per year and quarterly grants would have four cycles per year. A grant's cycle generally will have only one opening and one closing date, "Fees and rate schedule" means the schedule of fees,fee parameters and rates, including the set-up fee,subscription fee,additional module and options fees,technical assistance rates and other fees,related to the use of the GOTM service which Is attached to this Agreement as Appendix No.3-and'made a part of thisAgreement. "Form"means a set of questions on a single web page,e.g.,applicant's contact information or the proposed grant budget,as defined by and created within the GOTM software. j "Form set"means one or more farms to be managed together,e.g.,an application for an artist fellowship or an Interim report. The"GOTM service"or"service"means the online grant application and management service which is available exclusively through the website. The GOTM service accepts grant applications and associated digital images and other data from persons applying for grants and holds and manages the application and associated data in an interactive data base.Grant sponsors can use the GOTM service to accept and manage grant applications with associated data for the purposes of administering grants online. The functionality of the GOTM service is made available through online modules of the GOTM software,a browser Interface and data encryption,transmission,access and storage functions and facilities. "GOTM software" or"software" means the web based software owned by WESTAF and which Is available exclusively through the website as part of the GOTM service. "Gran]"refers to a single competitive grant sponsored by the Client and for which a i single application is developed through the GOTM Service using a form set. A grant may have multiple cycles,but a grant with multiple cycles is nevertheless a single grant. GO Contract Final i Page 1 of 30 i i I "Media data" means digital media,including,but not limited to,images and audio, video and document )such as PDF,Word or Excel)files, uploaded by grant applicants through the GOT"'service as part of their grant applications. "Online"means,in relation to the GOT'^service,a format that is accessed using a web browser over the internet through the website. "Program"means,in relation to the GOTM service, a container for grouping one or more related grant types together. "Query"means,in relation to the GOTM service,a search that retrieves cllentclata based on selected search criteria. "Report"means,in relation to the GOT^^service,the process of exporting client data to produce a report or document.For example,an award letter,a panel book, a mail merge or grant contract are each considered reports. "Rule"means the creation of a conditional action consisting of triggers,conditions and actions,otherwise known as a predicate,that provides for the implementation of business rules by the Client within the GOTM service. "Set-up fee" means the fee for the implementation of and training for the GOTM service for the Client's grants to be administered through the GOTM service during the first subscription period. Those implementation and training services are described In more detail in section 4 of this Agreement. "Standard terms and conditions"means the standard terms and conditions for the GOTM service which are attached to this Agreement as Appendix No. 1 and made a part of this Agreement. "Subscribe" means io agree to acquire the right to access and use a web based service or software application. "Subscription"means the Client's right to access and use the GOTM service. "Subscription fee"means the fee payable by the Client to WESTAF for the Client's subscription during each subscription period, "Subscription period" means the one year period following the date of WESTAF's acceptance of this Agreement,except after the first subscription period expires,than subscription period means the one year period after the effective date of any renewal of the Client's subscription under this Agreement,or any one year period later agreed to by the parties based on fiscal year or other considerations. "Text Data"means text Inputted through the,GOTM service to complete grant applications through forms and form sets. "User"means the Client's personnel who access the administrative(back end)portions of the GOTM service and applicants applying for grants through the G07M service. i GO Contract Final Page 2 of 30 I i r "Website" means the GOT"'branded Internet website owned and hosted by WESTAF which will be identified by a specific URL address and made available to Client by WESTAF as part of the set up services. "Work sample module"means the module of the GOT^'software that adds the functionality of allowing grant applicants to upload digital media,including,but not limited to, images and audio,video and document (such as PDF,Word or Excel)files (defined above as media data). The GOT! service does not allow applicants to upload media data without the work sample module. 1. SUBSCRIPTON: The Client subscribes to the GOTM service from WESTAF and WESTAF agrees to provide the Client with access to the GOTm service solely for use with grants administered by the Client for its own - account,and not for the account of others,upon the terms of this Agreement. As used in this section 1,"grants administered by the Client"means those grants administered by the unit or subdivision of the Client that Is Identified In the Introductory paragraph of this Agreement,and further defined in Appendix 2. 2. SUBSCRIPTION PERIOD; RENEWAL SUBSCRIPTION PERIODS: a. Initial Subscription Period. Subscriptions are for a one(1)year period (defined above as a subscription period). The initial subscription period will begin upon the date WESTAF accepts this Agreement as indicated by its execution of this Agreement. b. Renewal Agreement. After the expiration of the initial subscription period or any subsequent subscription period under this Agreement,WESTAF and the Client may renew the subscription provided for under this Agreemeni for an additional subscription period by entering Into a written renewal agreement (renewal agreement). A renewal agreement may modify pricing,fees and other terms as mutually agreed to by WESTAF and the Client. C. Other Renewals. The Client's continued use of the GOTm service after the expiratlon of a subscription period shall be deemed to renew the subscription under this Agreement for an additional subscription period. The renewed subscription period shall immediately follow the expiration of the then-expired subscription period.The renewed subscription period shall be upon the some terms and conditions as the then-expired subscription period,except either party may terminate a subscription period that is not made by wittier)renewal agreement upon thirty (30) days notice to the other party. 3. FEES AND PRICING;ADDITIONAL MODULES: a. Set-up and Subscription Fees. The set-up and subscription fees for the initial subscription period are in the amounts set forth In section I of the fees and rate schedule (Appendix No.3)and are due thirty(30)days offer the start of the Initial subscription period. Subscription fees for subsequent subscription periods are due upon the commencement of each subscription period. GO Contract Final Page 3 of 30 I { i b. Invoicing. WESTAF will provide invoices to the Client for subscription fees and any agreed set-up fees but that invoicing does not delay the due date for the payment of any fees due to WESTAF. C. Fee Factors. The initial set-up fee and subscription fees are determined based on an agreed level of the Client's anticipated use of the GOTM service during the Initial subscription period for each category of the use factors set forth in section II of the fees and rate schedule (the Client's use.parameters). The Client's level of use of the GOT"service is a function of use within the following categories in any subscription period: (() the number of programs and grants to be administered through the GOTM service, (it) the total number of users,fill)the number of cycles,forms,saved queries,reports, and rules used,created or generated,and (Iv) the dumber of electronic mail messages sent through the GoTM service(use factors). d. Client's Use Parameters;Initial and Subsequent Subscription Periods. The Client's subscription during the initial subscription period is the right to use the GOT^'service for a fixed fee and without regard to the Client's actual level of usage of the GOT service, After the initial subscription period,it,WESTAF and the.Cifent enter into a renewal agreement,then for each subscripllon period after the initial subscription period,the Client's subscription will be the right to use the GOTM service up to the maximum limit of each category of the use factors set forth as the Client's use parameters in section 11 of the fees and rate schedule. WESTAF sholt have the right and the Client agrees that WESTAF shall have the right to monitor the level of Client's use of the GOTM service.Additionally,as provided for in section 4a of this Agreement, the GOTM service has the functionality to provide the Client with notices when the Client's usage approaches the limits of the Client's use parameters to assist the Client in monitoring and controlling the level of its use of the.GOTm service. e. Work Sample Modules. (1) Work Sample Module Fee. The GOT"'service and the Client's subscription do not include the ablity,of users to upload medlo data unless the work sample module is included as noted in section III,part A of the fees and rate schedule. if the work sample module is included as part of the Client's subscription,then the Client will incur an additional fee for the Initial subscription period as determined by section ill,part A of the fees and rate schedule and for all subsequent subscription periods during which the GOT service stores the Client's media data as determined by section 111,part B of the fees and rate schedule (work sample module fee), (11) Determination of Fee for Subsequent Subscription Periods. After the initial subscription period,the work sample module fee is determined based on the number of users included In the Client's use parameters for the current subscription period and the number of users from all prior subscrlpffon periods,determined by application of section III,part B of the fees and rate schedule. (III) Payment of Work Sample Module Fees. Work sample module fees for a particular subscription period are due at the same time the subscription fee is due for that subscription period. I. Adjustment of Fees. The set up fee and subscription fees are fixed for the initial subscription period. If the parties enter into a renewal agreement to extend the subscription for subsequent subscription periods,then WESTAF will require on adjustment of fees,or termination GO Contract Hnal Page 4 of 30 i i i i i of the subscription,If the Client's level of use of the GOTM service exceeds Its Client use parameters during any subscription period. The form of written renewal agreement that will be, offered by WESTAF Is attached to this Agreement as Appendix No 4 which is subject to price adjustment so that it will reflect WESTAF's currently applicable pricing structure. g. Enhanced Reporting Module,Any time during a subscription period, by request to WESTAF and payment of the fee identified in section IV of the fees and rate schedule,the client may purchase an enhanced reporting module or modules which will permit the Client to generate additional reports through the GOTM service without Incurring any increase in the set- up fee and/or the subscription fee. If Client has purchased an enhanced reporting modules) during any subscription period,then the number of reports included in the enhanced reporting module will be added to the number of reports included In the Client's use parameters for that j subscription period.. - h. Support fees, (1) Standard Technical Support. WESTAF technical support as defined in section 5 of this Agreement is included in the subscription fee for each subscription period - (siondard technical support). (11) Non-Standard Technical Support;Rates. Technical support not included within standard technical support will be provided at the Client's request as scheduled between WESTAF and Client at WESTAF's then-standard rates and terms, WESTAF's current standard rates for services areas set forth In section VII of the fees and rates schedule. Examples of support not included in standard technical support are any on-site technical support and all assistance to the Client in its use and operation of the GOTM service beyond those services Included as pars of the set-up services (as defined in section 4 of this Agreement), 1. Sales and Use Tax. WESTAF is responsible for all sales,use,excise and any other tax assessed or imposed on the license and other transaction(s) consummated under this Agreement. If Client is a non-profit or governmental entity not subject to or exempt from paying sales,use and other transactional foxes,Client shall provide reasonable documentary proof of that status to WESAAF within fifteen (15) days of a request for that information. 4. SET-UP SERVICES AND TRAINING: i WESTAF will provide the services described in this Section 4 as part of the Client's set-up fee(the set-up services): a, Set-up. WESTAF will assist the Client in the conversion of the Client's existing grant programs,as identified on attached Appendix No,2 which is mode a part of this Agreement, and the Implementation of the GOTM service so that applicants can apply for the Client's existing grant programs and those programs can be administered through the GOTM service. WESTAF will do the following in cooperation with the Client to assist the Client's conversion to and implementation of the GOTM service;Input Into the GOTM service all required data defining the grants and grant cycles;create all necessary forms to collect dato to meet the Client's criteria for each grant;develop reports to meet the Client's program requirements for panel review,award letters,award contracts,and applicant,panel and gronlee communication and reporting needs;and design and implement custom rules for the review, allocation and processing of the Client's grant awards. Additionally,WESTAF will assist the Client GO Contract Final Page 5 of 30 I i I i i In setting alerts and the timing and frequency of notices to be sent to the Client from the GOTM service concerning the level of the client's use of the GOT service. b. Training. WESTAF will provide training to the number of staff persons and for the number of hours set forth In section V of the fee and rates schedule. Training may be provided individually or In group session[s] and may or may not include representatives of other clients. Training shall be by telephone,online teleconferencing,Interactive webinars or any combination of them as determined by WESTAF. In person training at WESTAF's Denver, Colorado site or the Client's site Is not included in the set-up fee,but can be arranged at an additional expense to the Client at times scheduled with WESTAF. c, Client's Constituents. WESTAF is not responsible for communicating to the Client's constituents about the Client's transition to an online format,nor is WESTAF responsible for training the Client's constituents on the use of the GOTM service. d. Additional Services. After the launch of the GOTM service,WESTAF is available to provide additlonaf services to modify the form sets for the Client's existing grant programs and to design and build form sets for any additional grant programs the client may later offer through the GOTm service at WESTAF's ihen-current service rates as set forth in section VII of the fees and rate schedule. S. STANDARD TECHNICAL SUPPORT: The services described In this Section 5 define WESTAP's obligation to provide standard technical support: a. Technical Support to Client's Staff. WESTAF will provide telephone phone and email based support to the Client's staff members on the use of the GOTM service of up to.iwo (2)hours of WESTAF's staff time per grant during the initial cycle of each grant during the initial subscription period and in any subsequent subscription period for grants that are added to the GOTM service during that subscription period. b. Technical Support to Client's Grant Applicants. WESTAF will provide telephone and email based technical support for Client's grant applicants during the initial cycle of each grant during the initial subscriptlon period. WESTAF's technical support to Client's grant applicants shall only be available when Client's staff cannot answer an applicant's technical question and to assist with the following applicant data issues:lost data;cached data; cookies;temporary files;and Internet and browser-related Issues. C. Clarification of Party's Roles In Assisting Grant Applicants. WESTAF's responsibility for technical support to the Client's grant applicants is limited as provided in subsection b.of this section 5. Client is responsible for assisting its grant applicants with each of the following: (i) Items related to programmatic elements of the grant application; ill) Grant eligibility and policy Issues; (ill) Specific questions and answers relating to the application form,which j may include inquiries regarding the purpose of the question,etc.; (iv) Basic navigation issues related to the GOTM service and website; (v) Creating e-mall accounts and downloading Adobe Acrobat Reader or other software for proper display of grant applications; GO Contract Final Page 6 of 30 i i i j fvi) Assisting with username and password creaifon and retrieval; (vli) Uploading media data and converting data for uploading as media data Into the GOT"'service;and (vli) Providing the first response to technical questions relating to the GOT'^ service and answering those that fall within staff members' abilities. Accordingly, client shall direct grant applicants to WESTAF only on an individual case basis after the Client's staff hot attempted to provide the grant applicant with requested technical support and did hot succeed In resolving the grant applicant's concern, 1^/ESTAF's contact Information shall not be published by the Client and shall not be generally available through the GOT^+ service. WESTAF is not responsible for answering programmatic grant questions posed by the Client's grant applicants and applicants with those questions will be redirected to the Client's staff. d. Hours when Technical Support Is Available. Technical support Is offered by telephone or email between the hours of 8:30 AM and 5:00 PM in Denver,Colorado, USA, Monday through Mday,excluding holidays(to include all federal holidays and no more than four additional holiday days per year as designated by WESTAF). Colorado observes Daylight Savings Time as defined by federal law.After-hours technical support for the Client can be scheduled on a case by ease basis and must be reserved in advance..After-hours technical support will be charged to the Client at WESTAF's then-current rates as set forth in section vll of the fees and rate schedule. 6. LAUNCH'.DATE: a. Launch Date. WESTAF's set-up services will be provided to the Client in time to meet the Client's anticipated launch of the GOTM service by the date Identified In section A of the fees and rate schedule(launch date),provided the Client's cooperation is given, As used on this Agreement,the launch of the GOTM service means the time at which the GOTM service Is available for use by the public to submit grant applications to the Client. In., Client's Cooperation. The Client and its agency or subdivision whose grants will be administered through the GOTM service shall cooperate with WESTAP's provision of set-up services,including,but not limited to,with WESTAF's requests to schedule training, its requests for information and fis requests for feedback and approval of tasks completed by WESTAF as part of the set-up services. As a general operating principle,unless It Is unreasonable In application to particular circumstances,the Client's response to WESTAF's requests for information,review or approval will be made or given by the third day after WESTAF's request,except a request to review or approve a task that was corrected or modified after the Client's prior review or approval or rejection should.be made by the first day after WESTAF's request. If the Client does not approve a completed task,then the Client,within the time to give approval,shall Indicate its non-approval and provide WESTAF with its comments on why approval was not given and what should be done to gain approval. As used in this subsection,a day is a day that the Client's agency or subdivision whose grants will be administered through the GOT"service is open for business. C. Delays in Launch Date. (i) Within the first thirty (301 days following the start of the Initial subscription period,WESTAF may propose a revised launch date to the Client. If the Client accepts the GO Contract Final Page 7 of 30 i revised launch date,then that revised date shall be the launch date. If the Client does not accept the revised launch date and the parties are unable to agree on any other revised launch dale,then this Agreement and the subscription shall terminate and any subscription,set- up and work module sample fees and any fees for enhanced reporting modules paid by the Client to WESTAF with respect to the initial subscription period shall be immediately refunded by WESTAF to the Client. (it) The launch date will be extended for a reasonable period of time for any delays In WESTAF's ability to complete set-up services caused by the Client's delays or follure to cooperate with WESTAF as required under subsection b.of this section 6. (tit) If the GOTm service is not ready to launch on or within thirty(30) calendar days after the launch date and such failure is the result of WESTAF's fault in failing to complete set-up services in time,then the Client shall have the right to terminate this Agreement and the subscription and receive back,as Its sole remedy;any subscription,set-up and work module sample fees and any fees for enhanced reporting modules paid to WESTAF under this Agreement. Except for the obligatlon in the preceding sentence to return fees to the Client paid to it under this Agreement,WESTAF shall have no liability if the GOTm service Is not ready to launch by the launch date. 7. SECURITY FEATURES: The GOTM service is compliant with and WESTAF will maintain compliance of the GOT""service with Payment Card Industry Data Security Standards as published by PCI Security Standards Council,LLC (https://www,pcisecuritysfandards.org/). WESTAF's obligations under this section 7 are referred to in this Agreement as the"security obligations." a. SYSTEM SUPPORT REQUIREMENTS: In order to properly utilize the GOT'"service,the Client must have computers with access to the world wide web and have available a current operating system and a compatible internet browser. The responsiveness and availability of features or the convenience of using certain features of the GOTM service is dependent on the user's computer, operating system and Internet browser and may vary. The Client is responsible for providing its own computers and access to the world wide web. 9. DATA AND INTELLECTUAL PROPERTY OWNERSHIP: a. Data Ownership;Post-Terminatlon Access for Downloading.The Client owns the data that the GOTm service collects from the Client and its users (defined In this Agreement as client data). Upon the termination of the Client's subscription or the termination of a subscription period without a renewal for a subsequent subscription period (a termination), then for the thirty(30)calendar day period following termination,all client data maintained on the GOT"'service will be avallable to the Client to download from the GOTm service and thereafter all client data may be deleted from the GOTm service by WESTAF. Deleted client data will no longer available to WESTAF or the Client. No additional fees or charges will be imposed by WESTAF for the Client's post-termination thirty(30)day period of accessibility to the GOTM service and Its use to download its client data. b. Archiving and Deletion of Client Data. - GO Contract Final i Page 8 of 30 i i I i i i f (i) WESTAF will maintain all text date inputted by the Client's grant applicants during the current and all prof subscription periods so long as the Client has continually maintained its subscription to the GOTTA service. WESTAF will maintain text data for the thirty (30) calendar day period following termination and,thereafter,may delete text data from the GOTTA service. (II) WESTAF will maintain media data for the current and all prior subscription periods so long as the Client has continuously maintained its subscription to the GOT^+service and has continuously paid the required work sample module fee, WESTAF shall maintain media data for the thirty (30)calendar day period following termination and,thereafter,may delete media data from the GOTTA service. if termination has not occurred,but the client elects not to or tails to pay the work sample module fee, then WESTAF will maintain the media data for thirty (30) days following written notice to the Client that media data will be deleted for non-payment of work sample module fees and,thereafter,may delete media data from the GOTTA service. C, Purging of Client Data by the Client. The Client shall have the right,of its own expense,to download and to purge (by deletion)any portion of Its.client data at any time. To the extent the Client requests WESTAF's assistance in purging its client data,then WESTAF shall provide such assistance upon the Client paying WESTAF's costs Incurred,including actual third party and Internal staff costs with staff costs determined at the rates set forth in section VII oflhe fees and.rate schedule, d. GOTTA Service IntellecivaLProperty. WESTAF owns and shall maintain ail right, title,copyright,and other proprietary rights in the GOTM service and software,including,but not limited to,the browser interface and data encryption,transmission,access and storage features and facilities and the online modules.of the GOTM software available through the website and the website itself and its URL address(es). The Client does not acquire any rights,express or Implied,in the GOTTA service and software or the website and ifs URL address(es) other than the subscription expressly provided for in this Agreement.Rights in the GOlmservice and software, including, but not limited to the website and its URL address(es),not expressly granted to the Client under this Agreement remain in nrwith WESTAF. 10. INFRINGEMENT WARRANTY AND INDEMNIFICATION: a. Warranty. WESTAF hereby represents and warrants that it has the requisite ownership, rights and licenses to perform its obligations under this Agreement fully as contemplated hereby and to grant to the Client all rights with respect to the GOTM service free and clear from any and all liens,adverse claims,encumbrances and interests of any third party, except for(i) proprietary and privacy rights of third parties in media data and any other content uploaded by any user or third party into the GOTM service and (11)Interests related to privacy In any respect (the rights warranty). b. Indemnification. WESTAF will indemnify,defend and hold the Client harmless from and against any claims,losses,damages, liabilities or expenses (including reasonable _ attomeys' fees and expenses) arising out of or resulting from any third party cialm ihat the GOTM service infringes,misappropriates or violates any United Slates patent issued as of the date hereof,copyright,trademark,trade secret or other intellectual or proprietary right of any third party,to the extent such third party claim arises out of a breach of the rights warranty (the ndemnification obligation). WESTAF's Indemnification obligation does not include any GO Contract Final Page 9 of 30 i i i obligation to indemnify,defend or protect ogolnsi: fi)infringement or other claims arising from any media data or other content uploaded into the GOT'^service by any user or third party; (If) any claim to the extent it arises from the Client's use of the GOTr4 service contrary to the terms of this Agreement;or fill)any Invasion of privacy claims. All:claims for which.WESTAF has an obligation to indemnify, defend and hold the Client harmless underthis paragraph are referred to in this Agreement as a "covered claim", C. conditions.to Indemnity Obligption. WESTAF's indemnification obligation Is conditioned on the Client providing timely written notice of any covered.clalm or threatened covered claim to WESTAF and cooperating with WESTAF In the defense of the covered claim. WESTAF shall be excused from any indemnification obligation to the extent either the Client's failure to provide written notice to WESTAF within a reasonable time of the Client having notice of the covered claim or the Client's failure to cooperate with the defense of the covered claim prejudices the ability of WESTAF to defend the covered claim.WESTAF shall have the right to control the,investigation,defense and settlement of all covered claims and may settle covered claims without the Client's consent provided such settlement does not require any affirmative obligation on the part of the Client. ' Cl. Exclusive Remedies. If an injunction or order is obtained against the Client's use of the GOT'"service by reason of a covered claim,or if In WESTAF's opinion,the GOT"'service is likely to become the subject of such a claim,then WESTAF shall at Its expense and as the Client's sole remedy: (a)do one of the following: (f) procure for the Client the right to continue using the GOTm service; (if) modify or replace the GOT'^service with compatible,functionally equivalent software and services that are not subject to any such clalmt or(Itl)terminate the Client's subscription without liability to the client,except to refund any unused portion of the subscription fee for the current subscription period,and (b)indemnify;defend and hold harmless the Client for all covered claims. e. Survival. WESTAF's indemnification obligation shall survive the expiration or termination of this Agreement. 11. BREACH OF SECURITY OBLIGATIONS: In the event WESTAF breaches Its security obligations,WESTAF's liability with respect to such a breach shall be limited to and the Client's sole remedy shall be the following:fa)WESTAF shall defend the client against any third parry claims arising out of and proximately caused by any breach of WESTAF's security obligation to the extent such a defense is actually covered by any policy of insurance in effect for WESTAF's benefit with respect to the breach or the losses caused by the breach of the security obligation, and (b) WESTAF shall indemnify and hold harmless the Client from all damages (other than consequential and indirect damages),including claims by third party claimants,arising from the breach of the security obligation to the extent such damages are actually covered by any policy of insurance in effect for WESTAF's benefit with respect to the breach or the losses caused by the breach of the security obligation. The parties intend that WESTAF's obligations and Client's rights under this section I 1 are limited solely to amounts actually available under policies of liability Insurance maintained by WESTAF, 12. LATE PAYMENTS;EFFECT ON GOTM SERVICE: Fees and other charges due from the Client to WESTAF which are not paid within thirty(30) calendar days of the date due shall bear interest at twelve percent(12%) per annum until paid. GO Contract Final - I Page 10 of 30 i I. I I I The Client shall pay all costs of collection of any fees and other charges due from the Client to WESTAF under this Agreement,including WESTAF's reasonable attorney's fees. The GOTm service Will not be avallable to the Client or the Client's users at any time the Crentis more than thirty (30)calendar days in arrears in the payment to WESTAF of any fees or other charges due under this Agreement. 13. APPENDICES: THE CLIENT ACKNOWLEDGES THAT APPENDIX NOS. 1, 2, 3 AND 4 TO THIS AGREEMENT CONTAIN ADDITIONAL TERMS AND CONDITIONS WHICH MATERIALLY AFFECT THE RIGHTS AND OBLIGATIONS OF THE CLIENT AND WESTAF. 14. MISCELLANEOUS PROVISIONS; a. Modifications:Waivers. No text or information set forth on the Client's purchase orders,on preprinted forms or on documents,emails or attachments transmitting any acceptance of or signature to this Agreement shall add to or vary the terms and conditions of this Agreement.Except as otherwise expressly provided for in this Agreement,this Agreement may be amended and observance of any provision of this Agreement may be waived (either generally or in any instance,retroactively or prospectively) only upon written consent of the parties. Waivers and amendments shall be effective only if in writing and signed by the party or parties sought to be charged or bound by the waiver or amendment. The failure of a party to enforce any right under or provision of this Agreement In one Instance shall not be a waiver of any future right or application of such provision,nor shall it constitute a waiver of such right or provision unless acknowledged and agreed to In writing. b, Governing Law. If the Client is a governmental entity or agency,then this Agreement shall be governed by and construed under the substantive laws (that is,without regard to conflict of laws provisions)of the state In which the Client is located, If the Client Is not a governmental entry or agency,then this Agreement shall be governed by and construed under the substantive laws of the state from which the majority of the Client's per administer grants through the GOTM service. C. Jurisdiction. If f he Client is a governmental entity or agency,then jurisdiction for any suit under this Agreement or otherwise relating to the GOT"^service shall be exclusively in the state whose substantive law governs this Agreement as determined under subsection b. of this section. If the Client is not a governmental entity or agency, then jurisdiction for any suit under this Agreement or otherwise relating to the GOTM service shall be in both the state of Colorado and the state whose substantive law governs this Agreement as determined under subsection b.of this section. Venue shall be as determined by the procedural law of the state in which suit is brought. d. Compliance with Law. Each party shall in all material respects comply with all applicable laws and regulations which apply to any aspect of[is execution, performance,non- performonce and/or enforcement of this Agreement. e. Headings. Headings and captions are for convenience only and are not to be used In the interpretation of this Agreement. i GO Contract Final Page If of 70 t (i I I. Notices. Notices under this Agreement shall be sufficient only If personally delivered,delivered by a major commercial overnight delivery courier service Mth cracking capabilities(such as Federal Express, DHL or UPS) or mailed by certified or registered United States mail,postage prepaid and return receipt requested to a party at its addresses provided for in this Agreement or as amended by notice pursuant to this Agreement. Notice.by mail shall be deemed received three (3) days after deposit In the U.S.mails. Notice to WESTAF shall be at the following address or at such other address as WESTAF may designate by notice under this Agreement; Western States Arts Federation Attn.:Director of Technology 1743 Wazee Street,Suite 300 - Denver, CO 80202 Notice to the Client shall be at the address provided by the Client following its signature to this Agreement or at such other address as the Client may designate by notice under this Agreement. g. Complete Agreement. This Agreement Includes the Appendices,attachments and other documents referred to as being incorporated Into this Agreement and supersedes all proposals,oral or written,all negotiations,memoranda of understanding,letters of intent, conversations,or discussions between or among the parties relating to the subject matter of this Agreement. h. invalid Provisions. If any provision of this Agreement is held by a court of competent jurisdiction to be Illegal,Invalid or unenforceable,then that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherMse remain in full force and effect and enforceable. i, Force Majeure. Neither party will be liable for any delay in performing or for falling to perform obligations resulting from acts of God;Inclement weather;fire;explosions; floods; or riots or civil disturbances. j. No Third Party Beneficiaries. ]its expressly understood and agreed that enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to WESTAF and the Client. Nothing contained in this Agreement shall give or allow any claim or right of action by any third person,,Including but not limited to users and subcontractors.li is the express intention of WESTAF and the Client that any person other than WESTAF and the Client receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. k. Relationship of the Parties. No joint venture,partnership,employment,or agency relationship exists between WESTAF and the Client as a result of this Agreement or WESTAF's provision of or the Client's use of the GOTM service. Neither party has the right or authority to bind the other party to any contractual or other obligation. i Signed by the parties to be effective upon the last dale both parties have signed this Agreement. i GO Contract Final Page 12 of 30 I i I I � � i `I Gt�✓ f� �r lakc� Western States Ads Federation Glient contractor o�K (3ek Jc l l rr 01 a"l�� Print Name Print Name Aulborized Signature AuthaJri/z/Q'd'Sign- Lire Title Title i���z or � 1 •o�.�v Date Date AGENCY CONTACT INFO WESTAF e-C.;�'t e+-r /1/J' c 1743 Wazee Street,Suite 300 Pa Box 4 r,o Iz Denver,CO80202 �cllcyu rilR '�RUa9 •�'(olZ Tel:(303)629-1166Fax:(303) 629-9717 j j i I j I I i i I I i i 1 GO Contract Final Page 13 of 30 1 APPENDIX NO, t materials, Including digital Images, through the GOTm service. Standard Terms and Conditions for GO° Service Restrictions Your fight to access and use the GOT" These Standard Terms and Conditions (these service, GOTm content and website are Terms) are attached to and made a part of limited, You are permitted to use.the GOTM the foregoing GOTm: Grants Online service, GOT content and the website to Subscription Service Agreement (the GOTM store, manipulate, analyze,, print,. . and Subscription Agreement) between WESTAF display the GOTm content only for your own and the person identified as the Client in the internal business purposes and use solely for GOT" Subscription Agreement (sometimes the purpose of administering grants as set referred to in these Terms as"you"), forth In: the GOTmi Subscription oAgreernenrl, Unauthorized use of the GOTm service or the These Terms and the GOTm Subscription resale of the GOTm service (directly or Agreement are referred to together as the through its use to provide services to others) Agreement,Words used In these Terms have is expressly prohibited, You shall not copy, the same meaning as when used in the license, sell, transfer, make available, GOTM Subscription Agreement. In the event distribute, or assign your rights under the of any conflict between these Terms and Agreement, including these Terms;to any the GOTM Subscription Agreement, then the third party. , terms of the GOTm Subscription Agreement shall control. Your right to access and use the GOTm service, GOTM content and website is Use of GOTM Service is Acceptance of conditioned an your agreement: (a) not to Agreement reverse assemble, reverse compile or Your use of the GOTM service is your otherwise reverse engineer or attempt to acceptance of the Agreement, including, derive the source code of all or any part of but not limited to,these Terms. the GOTm service; (b) not to download or modify any part of the Website; (c) not to Non-Transferable Use download or copy any GOTm content for WESTAF grants to you the personal, non- the benefit of another person other than exclusive and non-transferable right to use ortist-applicants as permitted by the the GOTM service and to use and display the Agreement,including these Terms; (d) not to visual information, documents, products reproduce, duplicate, copy, sell, resell or and software contained in or made otherwise exploit the GOTm service, GOTM available through the GOTM service (the " content or website for any commercial GOTM content") as provided In the purpose other than the express rights Agreement. GOTm content does not granted to you by WESTAF under the Include client data, as defined In the GOTm Agreement, including these Terms; (e) not to Subscription Agreement. All rights not make any derivative use of the GOTm expressly granted by WESTAF to you are service,GOTm content or the website; (f) not retained by WESTAF. to frame or utilize framing techniques to enclose any trademark, logo, or other Applicant Terms and Conditions proprietary Information (including images, Client agrees that it will do nothing to text, page layout, or form) of WESTAF modify or alter the terms and conditions without express written consent from WESTAF imposes on third party users WESTAF; (g) not to use any meta fags or any submitting applications and supporting other "hidden text" utilizing the WESTAF name or trademarks without the express i 00 Contract Final I Page 14 of 30 li i I j i i I , i wrjtien consent of WESTAF; and (h) not to GOTM service; (e) you do not otherwise use "mirror' any GOTM content contained on, or any WESTAF trademarks displayed on the accessible from, the GOTM service on any Website without express written permission other server or Internet device. from WESTAF; (f) you do not link from a website that is not owned by you; and (g) Third Party Interaction your website does not contain content that In your use of the GOTM service, you may is contrary to the limitations imposed under enter into correspondence with, purchase the Agreement on your own right to use the goods and/or services, or participate In GOw website. WESTAF expressly reserves promotions of advertisers or sponsors the right to revoke the right granted in this showing their goods and/or services through section for breach of the terms of this the GOTM service, Any such activity, and section and to take any action it deems any terms, conditions, warrantles or appropriate. Whether or not you ore a representations associated with such governmental entity or agency, you shall activity, is solely between you and the fully indemnify WESTAF for any loss or applicable third-party, WESTAF shall have damage, including attorney's fees, suffered no liability,obligation or responsibility for any by WESTAF- for breach of the terms of this such correspondence, purchase or section. If you are a governmeniol entity or promotion between you and any such third-' agency that Is not permitted to accept a party. WESTAF*does not sponsor any such contractual obligation to indemnify another third persons or their products and/or service person, then you do not have the right to and has not authorized any such third create a link to the website as provided in persons to act for or to bind WESTAF in any this section. matter. User Accounts Links to and from Other Websites A user account Is required to access the WESTAF does not endorse any sites on the GOTM service and will be issued by WESTAF Internet whether or not they are linked and maybe accessed and used only by through the GOT^ service. Any links to your authorized personnel. WESTAF reserves Internet sites provided through the GOTM the right to require that your authorized service are provided only as a matter of personnel be registered with WESTAF. You convenience, and in no event shall WESTAF must promptly update any Information be responsible for any content, products,or provided to establish user accounts. Should other materials on or available from such WESTAF determine that any information she& provided to establish user accounts is untrue, inaccurate, not current or If you would like to link to the website, you incomplete,WESTAF has the right to suspend may do so but only on the basis that you link or terminate your usage of the GOTM to, but do not replicate, the home page of service. the website, and subject to the following conditions: (a) you do not remove, distort or User Responsibilities otherwise alter the size or appearance of You are solely responsible for any and all logos or trademarks; (b) you do not create activities that occur under your user a frame or any other browser or border account and ensuring that you exit or log- environment around the websiie; (c)you do off from your user account at the end of not in any way imply that WESTAF Is each session of use, You shall notify WESTAF- endorsing any products or services other immediately of any unauthorized use of your than its own; jd) you do not misrepresent password or user account or any other your relationship with WESTAF nor present breach of security that is known or any false Information about WESTAF or the suspected by you, You shall also use your I GO Contract Final Page 15 of 30 I I i j best efforis to stop Immediately any copying WESTAF reserves the right to establish or or distribution of GO*content that is known modify general practices and limits or suspected by you. WESTAF is not concerning use of the GOTM service responsible for any unauthor zed access to, appllcable to all users of the GOTM service. or alteration of ,your transmissions or data, any material, information or data sent or User Conduct received, regardless.of whether the data is You agree to abide by all applicable local actually received by WESTAF. or . any state, national and foreign laws; treatises fransacttons entered Into through the GOTM and regulations In connection with the service. or failure to abide by the GC)w service; in addition, without limitation, Agreement. you agree not to use the GOT^' service, GOTM content and the website to: (a) use Account infamallon, Privacy,and Data information from the GOTM service in WESTAF will not own any data,Information connection with sending unsolicited or or material that you and your grant unauthorized advertising, promotional applicants submit or upload to the GOT'" materials, junk mail, seam, chain letters, service(defined in the GOTM Subscription pyramid schemes, or any other form of Agreement as client data). W�STAF will not duplicative, duplicitous or unsolicited monitor,edit,or disciose.any information messages, whether commercial or regarding you or your account.tncluding otherwise; (b) harvest, collect, gather or any client data,without your prior assemble information or data regarding permission except In accordance with the other users, including e-mail addresses, Agreement,including these Terms. Please without their consent; tc) transmit through or be aware that WESTAF does provide certain post on the GOw service or website user registration and statistical information unlawful, harassing, libelous, abusive, such as usage or user traffic patterns In discriminatory, tortious, defamatory, aggregate form to third parties,but such threatening, harmful, abusive, libelous, Information will not.include personally invaslve of anther's privacy, vulgar, Identifying Information of you or your users. obscene or otherwise objectionable Your Internet protocol address is transmitted material of any kind or nature or which is with messages sent from your WESTAF harmful to minors 16 any way; (d) transmit account. WESTAFinayaccessyour any material that may infringe the account,including its client data,to intellectual property rights or other rights of respond to service or technical problems or third parties, including trademark, copyright as stated in the Agreement.You,and not or right of publicity; (e) transmit any material WESTAF,shall have sole responsibility for the that contains software viruses or other accuracy,quality,integrity,legality, harmful or deleterious computer code, files reliability,appropriateness and copyright of or programs such as Trojan horses, worms, all client data and WESTAF shall not be time bombs, concelbots or logic bombs; (f) responsible or liable for the deletion, Interfere with or disrupt servers or networks correction,destruction,damage,loss or connected to the GOTTM' service or violate failure to store any client data.The GOTM the regulations, policies or procedures of service is provided in accordance with such networks; (g) attempt to goln WESTAF's.privacy policies as published on or unauthorized access to the GOT'" service, available through the GOTM service, GOTM content or website, other accounts, currently available at computer systems or networks connected to hffp://www.westaf.org/prlvcicy,himi, the GOTM service, through password mining or any other means; or (h) harass or interfere Use,storage and other Limitations with another users use and enjoyment of the GOTM service. GO Contract Final Page tb of 30 i I i 1 l l Except for the rights expressly granted by the Agreement, including these Terms and your ownership of client data, you have no Suspension and Termination right, title or interest In or to the GOTm WESTAF, in Its sole.discretion, may suspend service, GOT"'content and websile. Client for up to twenty (20) calendar days your acknowledges that WESTAF owns all right, user account and use of the GOTm service if title and interest in the GOT service, the you fail to comply with the terms of the GOTm software, the GOTM content and Agreement or If WESTAF determines that the website, including all software, code, GOTm service infringes on the rights of any interfaces, 'text, photographs, graphics, third person. WESTAF may terminate your animation, applets, music, video and audio password account and use of the G.OTM Incorporated therein and any related user service If you fait to comply and cure any guides and documentation, the service prior noncompliance with the Agreement, marks GO and CULTURE GRANTS ONLINE following written notice from WESTAF of your and other marks and logos related ?o the noncompliance and a ten (10) calendar GOTM service, and associated URLs, day opportunity to cure such including, without limitation, noncompliance. You may terminate your http://www.gogrctntsonline.org/ and right to use the GOT"^service upon notice to the trade dress and look and feel of all of WESTAF at any time. Upon ferminafloh for them, all of which are covered by various any reason, WESTAF shall provide make protections Including, without limitation, client data available to the Client as copyright, trademark, and trade secrecy provided for in the GOTM Subscription law. You agree to comply with WESTAF's Agreement. Except for the obligation to Trademark Usage Guidelines as they are provide you with access to your client data published on the webslte. Nothing in this as provided in the preceding sentence, section transfers ownership of client doia to WE5TAF shall have no obligation to maintain WESTAF. You own and retain ownership of any client data stored through the GOTm all client data. service or to forward any client data to you or any third party. Go-servke Updates and Improvements . If WESTAF Is found to have breached a You acknowledge that the GOTM service is warroniy of this Agreement,'the contract shall provided to multiple clients and their users terminate immediaiely and the Client shall and that WESTAF continually updoies, not be financially obligated for any costs Improves and modifies the GOTm service for associated with this Agreement and shall be the benefit of all of its client and user reimbursed for any payments made, groups. WESTAF reserves the right, In its sole Additionally, in the event that WESTAF Is In discretion and without incurring any liability default of a material obligation, which to you, to update,Improve, replace, modify default remains uncured more than thirty (30) or alter the specifications for and days after receipt of written notice of default, functionality of all or any part of the GOTm Client,in addition to any other rights available service from time to time. Your sole remedy to it under low or equity, may terminate this in the event of any change to the GOT" Agreement by giving written notice to service that is not reasonably acceptable to WESTAF. you and is not made reasonably acceptable to you after thirty (30) calendar days notice from you to WESTAF is to Additional Proprietary Rights; Trademark terminate the Agreement and receive a Usage prorated return of the subscription fee for the current subscription period and, if GO Cenrracr Final l Page 17 of 30 j i termination Is in the initial subscription EXCEPT FOR THE OBLIGATIONS EXPRESSLY period,a prorated return of the set-up fee. MADE AND ASSUMED BY WESTAF UNDER SECTIONS 7, 10 AND 11 OF THE GOT"' SUBSCRIPTION AGREEMENT, IN NO EVENT Disclaimer of Warranties SHALL WESTAF'S AGGREGATE LIABILITY EXCEPT FOR THE EXPRESS REPRESENTATIONS UNDER THE AGREEMENT EXCEED THE AND WARRANTIES MADE BY WESTAF IN AMOUNT ACTUALLY PAID.BY YOU TO WESTAF SECTIONS 7 AND 10 OF. THE GOT^ AS SET-UP AND SUBSCRIPTION FEES FOR THE SUBSCRIPTION AGREEMENT, WESTAF MAKES SUBSCRIPTION PERIOD IN EFFECT DURING THE NO REPRESENTATION, WARRANTY, OR EVENT GIVING RiSE TO SUCH CLAIM, IN NO GUARANTY AS TO THE RELIABILITY, EVENT, INCLUDING UNDER SECTIONS 7, 10 TIMELINESS, QUALITY, SUITABILITY, TRUTH, AND 11 OF THE GOT'" SUBSCRIPTION AVAILABILITY, ACCURACY OR AGREEMENT, SHALL WESTAF BE LIABLE TO COMPLETENESS OF THE GOTm SERVICE OR ANYONE FOR ANY INDIRECT, PUNITIVE, ANY GOT"^ CONTENT; WESTAF MAKES NO SPECIAL, EXEMPLARY, INCIDENTAL, REPRESENTATION OR WARRANTY AND CONSEQUENTIAL OR OTHER NON-DIRECT SPECIFICALLLY DISCLAIMS ANY DAMAGES OF ANY TYPE OR KIND REPRESENTATION AND WARRANTY THAT:.(1) (INCLUDING FOR LOSS OF DATA, REVENUE, THE USE OF THE GOT"' SERVICE WILL BE PROFITS, USE OR OTHER ECONOMIC SECURE, TIMELY, UNINTERRUPTED OR ERROR- ADVANTAGE) ARISING OUT OF, OR IN ANY FREE OR OPERATE IN COMBINATION WITH WAY CONNECTED WITH THE GOT- SERVICE, - ANY OTHER HARDWARE, SOFTWARE, SYSTEM INCLUDING BUT NOT LIMITED TO, YOUR USE OR DATA, III) THE GOT"' SERVICE WILL MEET OR INABILITY TO USE THE GOTM SERVICE, OR YOUR PURPOSES, REQUIREMENTS OR FOR ANY GOTM CONTENT OBTAINED FROM EXPECTATIONS, (III) ANY STORED DATA WILL OR THROUGH THE GOT"' SERVICE, EVEN IF BE ACCURATE OR RELIABLE, (IV)THE QUALITY WESTAF HAS BEEN PREVIOUSLY ADVISED OF OF ANY PRODUCTS, GOTM SERVICE, THE POSSIBILITY OF SUCH DAMAGES. INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU Addliiongl Rights THROUGH THE GOTM SERVICE WILL MEET Certain states and/or Jurisdictions do not YOUR PURPOSES, REQUIREMENTS OR allow the exclusion of implied warranties or EXPECTATIONS, (V) ERRORS OR DEFECTS WILL limitation of liability for incidental or , BE CORRECTED, (VI) THE GOT"' SERVICE OR consequential damages, so the. exclusions THE SERVERS) THAT MAKE THE GOTm SERVICE set forth above may not apply to you. You AVAILABLE ARE FREE OF VIRUSES OR OTHER acknowledge that the transactions under HARMFUL COMPONENTS; AND THE GOTM the Agreement are commerclal in nature. SERVICE AND ALL GOTM CONTENT IS PROVIDED TO YOU STRICTLY ON AN "A$ IS" Local Laws and Export Control BASIS. ALL CONDITIONS, REPRESENTATIONS WESTAF controls and operates the GOTm AND WARRANTIES, WHETHER EXPRESS, service from.its location in the United States IMPLIED, STATUTORY OR OTHERWISE, of America and IS subject to the United INCLUDING, WITHOUT LIMITATION, ANY States Export Administration Laws and IMPLIED WARRANTY OF MERCHANTABILITY, Regulations. WESTAF makes no FITNESS FOR A PARTICULAR PURPOSE, OR representation that the GOTM service Is NON-INFRINGEMENT OF THIRD PARTY RIGHTS, appropriate or available for use in locations ARE HEREBY DISCLAIMED TO THE MAXIMUM outside of the United States of America. If EXTENT PERMITTED BY APPLICASLELAW BY you use the GOTM service from outside the WESTAF. United States of America, you are solely responsible for compliance with all Limitation of Liability applicable laws, Including without limitation GO Contract Final 1 Page is of 30 I I t 1 i export and import regulations of other countries. Any diversion of the GOTM Survival content contrary to United States law is All provisions of the Agreement which by prohibited. None of the GOTM content, nor their terms are Intended to survive or any information acquired through the use of operate after termination of the Client's the GOTM service, is or will be acquired for, subscription and/or the Agreement, shipped, transferred, or re-exported,directly Including, but not limited to provisions or indirectly, to countries proscribed or related to the ownership of data, properly embargoed by the United States of America and intellectual property; the archiving of or their nationals, nor is or will it be used for and access to data; indemnification; nuclear activities, chemical or biological disclaimers and limitations of'liabtlitles and weapons, or missile projects, unless damages remedies, shall survive. the specifically authorized by the United States termination of any subscription and the government for such purposes. You shall Agreement. comply strictly With all United States export laws and assume sole responsibility for Submissions obtaining licenses to export or re-export as WESTAF alone will own all right, title and may be required. interest, including all related Intellectual Property rights, to any suggestions, ideas, This Agreement shall be governed, feedback, recommendations, or other interpreted and enforced in accordance Information provided by you relating to the With the laws of the State of Washington GOT'" service (submissions) and you agree Without regard to its conflict of laws provisions to assign such submissions to WESTAF free of and not including the United Nations charge. WESTAF may use such submissions Convention on Contracts for the International as it deems appropriate in its sole discretion. Sale of Goods if such convention would otherwise be applicable. Any action or proceeding arising under this Agreement shall be subject to the jurisdiction of the State or Federal Courts for King County,Washington. INSURANCE WESTAF shall maintain Insurance that is sufficient to protect the business against all applicable risks,as set forth in Attachment s — Insurance Requirements. WESTAF will cause the Indemnified parties to be named as additional Insureds on the policy required under the Agreement and shall cause its insurance to be primary to any Insurance carried by the Indemnified parties. WESTAF Will provide Client with certificates of Insurance and other supporting materials as Client reasonably may request to evidence WESTAF 's continuing compliance with this section. i 00 Contract Final - ! Page 19 of 30 I i. 1 i i i APPENDIX NO.2 CLIENT'S EXISTING GRANTS PROGRAMS The following are the Client's existing grant programs which are to be converted for implementation in the G01m service; The Human Services Funders Collaborative(HSFC)is a collective of human services grant- makers comprised of 18 cities in Last,North, and South King County,The HSFC engages in an online joint application process every two years to receive funding requests for funding.humart services in our cities. The 18 Washington cities represented by the HSFC include; Auburn, Bellevue, Bothell, Butter,Covington, Des Moines, Federal Way, Issaquah,Kenmore,Kent, Kirkland,Redmond, Renton,5ammamish,SeaTac,Shoreline,Tukwila and Woodinville i i i j i • I I i GO Contract Final Page 20 of 30 I i 1 I , APPENDIX NO.3 GOTM Service Fees and Rate Schedule Section I Setup and Subscription Fees for Initial Subscription Period Subscription Fees $9,540.00 (taxable) Set-up Fee (non- $16,380,00 taxable) WSST9.5% $9000 TOTAL YEAR ONE $26,826.30 Payment Schedule Milestone Milestone Description Payment Description Amount Mllestone 1 Contract Signed Service Fee+WSST $10,446.30 Milestone 2 Intake Process 50%Setup Fee $8,190.00 Complete Milestone 3 Launch of System for 40%Setup Fee $6,552.00 client testing _ Milestone 4 Launch Final 10%Setup Fee $1,638.00 Section II Client's Use Parameters I� The set-up fee and subscription fee for the Inifial subscription period was calculated based on the following anticipated usage of the GOTM service during the initial subscription period: Users 500 Grants/Panels 18 Cycles (Total all 29 Grants) _ Media Storage FREE 100 mb/user , E-mails sent 25,000 I The Client's use of the GOTm service in excess of the above parameters during the initial j subscription period will not result In additional fees as provided for in section 3 of the Agreement. GO Contract Final Page 21 Of 30 i I i *Chargeable queries are those that have been saved in the GOT'^system by for the purpose of exporting data. Users may run as many queries as they wish at no cost,but when saved by a user,a query will count toward the total included.Excess queries are chargeable. Section III Work Sample Module Fee Part A Initial Subscription Period [Check and/or complete as applicable:]The Client has elected to^include or to_X_exclude the work sample module as part of the GOTM service. If the work sample module is included, then the Client has agreed to include the medla_option. Each media option,set forth below,describes the maximum quantity of media data each applicant can upload through the .GOTM service and the corresponding work sample module fee. The Client may change media options,with a corresponding adjustment in the subscription fee,at any time upon ten (10)days notice to WESTAF. Media A: 250 MB/applicant $300.00- - Media B:500 $800.00 MB/applicant Media C! 1 GB/applicant $1,800,00 Part 8 Subsequent Subscription Periods The work sample module fee for subscription periods after the initial subscription period is determined by application of the following table based on two factors:(1)the sum of the number of users Included in the Client's use parameters for the current subscription period and the number of users from all prior subscription periods,and (2)the media option for the greatest volume of media data per user stored in prior subscription periods or to be stored in the current subscription period: Number of Applicant Users(for current Subscription Period and over all previous Subscription Periods) Media Option. Up to 500 Users 501 to 1,000 Users 1,001 to 3,000 Users Medici A:up to 250 $300.00 $900.00 $2,100.00 MB Media B:251 to 500 $800.00 $2,400.00 $5,600,00 Media C; over 500 $1,800.00 $5,400.00 $12,600.00 l MB j GO Contract Final Page 22 of 30 ( j !4 Section IV Enhanced Reporting Module Fees The Client may purchase enhanced reporting modules in packages of 50 report increments which permit the indicated number of additional reports which may be generated through the GOTM servicewithout being charged to the Client's use parameters In accordance with the following pricing: PerPackace Reports Package A $1,000.00 (50 reports) Reports Package B $1,500.00 (100 reports) Reports Package C $2,500A0 (150 reports) (Check and/or complete as applicable:] The Client has elected to_purchase or X_not purchase an enhanced reporting module as part of the GOT"service,and,if an enhanced reporting module is being purchased,then the Client has elected to purchase Reports Package Section V Level of Training WESTAF's training prior to the scheduled Launch Date will be provided to up to 25 members of the Client's staff for total training by WESTAF of 16 hours. Section Vi Launch Date The scheduled Launch Date is_January 31, 2012 Section VII WESTAF's current Standard Rates for Services Additional training (beyond set-up services; per session/person) $100.00 Streamline-your-grants option Negotiated ; WESTAF will consult wrfh the Client (In addition to set-up consultation) to determine pricing improved workflows for the Client's agency.Pricing is based on the complexity of the Client's agency's processes and number of grants. Hands-of option Negotiated Sit back and relax while WESTAF builds grant appiicafion(s) for you.Pricing is based on pricing the complexity of the Client's agency's processes and number of grants. Custom GOT^l website template creation $500.00 Customized welesite template (please note:several basic templates are Included in the subscription fee) based on consultation with the Client's agency staff to create a custom template specific to the Client's agency's needs.Price includes up to five mock-ups and revisions. i GO contract Final Page 23 of 30 I I I Out-of-scope fee $90.00 Project management (consultation per hour) Out-of-scope fee $120A0 Programming per hour i I GO contract Final Page 24 of 30 i APPENDIX NO. 4 GOTM Service Renewal Agreement This Renewal Agreement ("Renewal Agreement") is made this'L1day of December 11,between the Western States Arts Federation,a Colorado nonprofit corporation (WESTAF),and_eCityGov Alliance—a'w4vle...1 o�.f+� Lactingthrough W a }+a+< A0 34.34 (Client),to renew and extend the subscription period for the Client's use of the GOT service from WESTAF under and to amend the terms of the GOT"': Grants Online Subscription Service Agreement dated //4 ,20L�between WESTAF and the Client("GOT"'Agreement"),as follows: 1. Renewal and Extension of Subscription. This Renewal Agreement is a renewal agreement as referred to in the GOTm Agreement. WESTAF and Client agree to extend the subscription under the GOW Agreement for an additional one year subscription period beginning on_December 1 � 2012_and ending on_December 5 k .2013(the "renewed subscription period")which is a subsequent subscription period under the GOT Agreement. 2. Amendment of the GOT'"Agreement. Except as amended or modified by the terms of this Renewal Agreement,all of the terms and provisions of the GOT"'Agreement sholl remain in effect and determine the rights and liabilities of the parties with respect to the GoTM service. In the event of any conflict between the terms and provisions of this Renewal Agreement and the terms and provisions of the GOT"'Agreement,the terms and provisions of this Renewal Agreement shall take precedence and control the meaning of the parties' agreement. Terms defined in the GOTM Agreement have the same meaning when used in this Renewal Agreement. i 3 Subscription during Renewed.Subscription Period. The subscription during the renewed subscription period and any other subscription period subsequent to the Initial subscription period is the right to use the GOT'"service up to the maximum limit of each category of the use foctors set forth in section II of the fees and rate schedule (the Client's use parameters)during each subscription period. For all periods after the inlflal subscription period, paragraph 1.of the GOTm Agreement is amended to be consistent with this paragraph 3. 4. Amendments to Appendix No..3::Fees and Rate Schedule. Appendix No.3 to the GOT"'Agreement is amended as follows for all periods offer the initial subscription period: a. Amendment to Section 1--Set-up and Subscription Fees. Section i of Appendix No.3 is amended in Its entirety to read as follows: I Section I Set-up and Subscription fees I I I Subscription Fees $9,540 WSST 9.5% 1$906.30 Total Year 2 Fees $10,446.30 GO Contract Final Page 25 of 30 i i i Set-up Fee (if additional Grant $0 Programs are Added) Total per Subscription $10,446.30 Period up to^Grants/ Users b. Amendment to Section II—Gilent's Use Parameters. Section II of Appendix No.31s amended in its entirety to read as follows: Section II Client's Use Parameters The set-up fee and subscription fee for each subscription period includes the right to the following usage of the GOTm service per subscrlptlort period; Users 500 Grants/Panels 18 Cycles (Total all 29 Grant$) Media Storage FREE 100 mb/user E-malls sent 25,000 The Client's use of the GOTm service in excess of the above parameters during any one subscription period may result in additional fees as provided for in section 3 of the Agreement. *Chargeable queries are those that have been saved In the GOTM system by for the purpose of exporting data. Users may run as many queries as they wish of no cost,but when saved by a user,a query will count toward the total included.Excess queries are chargeable. i C. Amendment to Section_— 6- Sec tlon 1.of Appendix No.3 is amended in Its entirety to read as follows: 5. Subscription Fee for Renewed Subscription Period. The subscription fee for the renewed subscription period as set forth In the fees and rate schedule(as amended by this Renewal Agreement)is$ to, Y4Y4 .,30which is subject to adjustment as provided by paragraph 3.t.of the GOTM Agreement (as amended by this Renewal Agreement). 6. Amendments to Paragraph 3 of the.GOTM Agreement. Paragraphs 3.c., 3.d. and 3.f, of the GOTM Agreement are amended In their entirety to read as follows for all periods after the initial subscription period: C. Fee Factors, Subscription fees are determined based on an agreed level of the Client's anticipated use of the GOTM service. The Client's GO Contract Final Page 26 of 30 I l i level of use of the GOTm service is o function of use within the following categories in any subscription period (i) the number of programsand grants to be adminfsiered through the GOTM service, (if) the total number of users, (III)the number of cycles,forms,saved queries,reports,and rules used,created or generated,and (iv)the number of electronic mail messages sent through the GOTm service (use factors). d. Client's Use Parameters, The Client's subscription is the fight to use the GOTm service up to the maximum limit of each category of the use factors set forth in section II of the fees and rate schedule(the Client's use parameters)during each subscription period. WESTAF shall have the right and the Client agrees that WESTAF shall hove the right to monitor the level of Client's use of the GOTm service.Additionally,as provided for in sections 3f and 4a of this Agreement,the GOTm service has the functionality to provide the Client with notices when the Client's usage approaches the limits of the Client's use Parameters to assist the Client In monitoring and controlling the level of its use of the GOTm service. f. Adjustment of Fees. If the Client's actual use of the GOTm service during any subscription period exceeds the Client's use parameters by more than fifteen percent (15%)in any category of use factors, then Client shall pay WESTAF: (1) an increased subscription fee;and (Ii) an Increased work sample module fee If the work sample module Is included as part of the Client's subscription and the excess use factor is in the number of users. Any increased subscription or work sample module fees will be based on W ESTAF's then-published prices for such higher usage,applied as follows: (i) if the excess usage exceeds the Client's use parameters in any category of use factors by more than fifteen percent(f 5%).(the actual excess usage being referred to as the Client's excess usage percent),then the increased fees (X)will be determined by the formula X=[A-B]x 1.2 C,where A is the amount of the fees for the higher level of usage that corresponds to the l Client's actual excess usage, B is the amount of the original fees set for the Client based on the Client's use parameters and C Is the amount of the Client's excess usage percent expressed as a decimal; (if) except the Increased fees (X) shall not result in the payment of fees by the Client that exceed the amount of the fees the Client would have paid for the higher level of usage if that level of usage had been sot at the beginning of the subscription period;and - (III) once X equals or exceeds the difference between A;'B, then increased fees(X}shall be capped at and equal to the difference between A-B and the Client's use parameters shall be,increased to the use parameters that corresponds to the Client's actual excess usage; and except further,if WESTAF has not published standard prices for higher levels of usage of the GOTM service,then,at WESTAF's option,either: (x) the subscription fee and, if applicable,the work sample module and set-up fees shall be Increased by 1.2 x C,or(y)WESTAF shall have the right to terminate the Client's i f GO Contract Final Page 27 of 30 , use of the GOTM service. Client's excess usage shall be a breach of the terms of this Agreement,except such breach sholl be cured upon the Client's payment of any Increased fee. If the Client is a governmental entity and sufficient funds are not committed or appropriated under this Agreement in an amount sufficient to pay increased fees under this paragraph 3.f.,then WESTAF's sole remedy shall be to suspend the Client's account and/or terminate this Agreement and the Client's subscription under the terms of this Agreement.The Client acknowledges that W,ESTAFinay Impose automated features within the GOT"^service that prevent the Client and Its users from exceeding the Client's use paromeiers. W ESTAF has no obligation to the Client to monitor the Client's use of or to Impose features which prevent the Client's excessive use of the GOTm service,except at the Client's request,W ESTAF will assist the Client in setting alerts within the GOTM service which will generate notices to the Client about the level of the Client's use of the GOTM service so that the Client can monitor its own level of use. 7. Entire Agreement. This Renewal Agreement and the GOT"Agreement are the entire agreement of the parties with respect to the GOT"service. Signed by the parties to be effective upon the last date both pad les have signed this Renewal Agreement. eCityGov Alliance Western States Arts Federation ' Cilent Contractor �p `� IrT U.LVJN.q*7 LlW1.�.- 1Yl }�w[i Print Name Print Name A horized Signature Au zed Signature�(�` I Title Title Date Date AGENCY CONTACT INFO WESTAF �C--X1/ /ter cu eej aa,ti 1743 Wazee Street,Suite 300 ' r'" ra e _4 49- r- Denver,CO 80202 - j-A, /tcuutm� cis/ ` 9' -s `e —SP�i� TeL(303)629-1166 Fax:(303)629-9717 i GO Contract Final ' Page 29 of 30 i i APPENDIX 5 INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor,his agents,representatives,employees or subcontractors.The cost of such insurance shall be paid by the Contractor.Insurance shall meet or exceed the following unless otherwise approved by the Alliance. A. Minimum Insurance I. Commercial General Liability coverage with limits not less than $1,000,000 per occurrence/$2,000,000 annual aggregate. 2. Stop Gap/Employers Liability coverage with limits not less than $1,000,000 per accident/disease, 3. Business Automobile Liability coverage with limits not less than$1,000,000 per accident for any auto. 4. Workers' Compensation coverage as required by the Industrial Insurance Laws of the State of Washington. B. Self-Insured Retentions Self-insured retentions must be declared to and approved by the Alliance. C. Other Provisions Commercial General Liability(including the Products/Completed Operations Coverage) policies shall be endorsed to: 1. Include the Alliance,its officials,employees and volunteers as additional insureds, 2. Provide that such insurance shall be primary as respects any insurance or self-insurance maintained by the Alliance, 3. Each insurance policy shall provide that coverage shall not be canceled except after thirty (30) days' written notice has been given to the Alliance. D. Acceptability of Insurers Insurance shall be placed with insurers with a rating acceptable to the Alliance. E. Verification of Coverage Contractor shall furnish the Alliance with certificates of insurance required by this clause. The certificates are to be received and approved by the Alliance before work commences. The Alliance reserves the right to require complete,certified copies of all required insurance policies at any time. F, Subcontractors GO Contract RM] Page 29 of 30 I Contractor shall require subcontractors to provide coverage which complies with the requirements stated herein. I I I I I i i I GO Contract Final Page 30 of 30 j , KENT Agenda Item: Consent- 7E TO: City Council DATE: February 5, 2013 SUBJECT: Recreation and Conservation Office Grant Agreement — Accept MOTION: Authorize the Mayor to accept and sign the grant agreement with the Recreation and Conservation Office for $125,120.00 to assist in funding land acquisition at Clark Lake, subject to final terms and conditions acceptable to the City Attorney and Parks and Human Services Director. SUMMARY: The grant agreement with the RCO Washington Wildlife and Recreation Program funds the acquisition of property for the Clark Lake Park assemblage. This grant will be used to acquire .91 acres that will eventually be developed into a park with the existing 133 acres at Clark Lake Park. The grant is matched by a King County Conservation Futures grant that has already been awarded. EXHIBITS: Grant Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Revenue to the Land Acquisition budget Y WASHINGTO145TATE ICI Recreation and _ Conservation Office WWRP Project Agreement Outdoor Recreation Account Project Sponsor: Kent Parks, Recreation&Community Services Project Number: 10-1653A Project Title: Clark Lake Park Expansion 12 Approval Date: 111612012 A. PARTIES OF THE AGREEMENT III This project grant Agreement(Agreement)is entered into between the Stale of Washington by and through the Recreation and Conservation Funding Board(RCFB)and the Recreation and Conservation Office,P.O. Box 40917, Olympia,Washington 98504-0917 and City of Kent by and through the Kent Parks,Rec&Comm Sery(sponsor),220 4th Ave S,Kent,WA 98032-5895 and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OFAGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor forthe project named above. I...... C. DESCRIPTION OF PROJECT III The City of Kent will use this grant to acquire approximately.91 of an acre of properly that will likely be used as a parking lot and picnic area serving Clark Lake Park. The property is located in the 133 acre Clark Lake Park,located within the City of Kent off of 248th street in south King County.By acquiring the property the City will have the upland property needed for the proposed future development allowing the middle of the eventual 167 acre park to be as natural as possible. The primary recreation opportunity provided by the project will be for passive recreation opportunities. D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on November 30,2012 and end on December 31,2013, No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement or specifically provided for by RCFB and/or SRFB policy or WAC. Requests for time extensions are to be made at least 60 days before the Agreement end dale. If the request is made after the Agreement end date,the time extension will be denied. The sponsor has obligations beyond this pared of performance as described in Section E. E. ON-GOING OBLIGATION For acquisition projects the project sponsor's on-going obligations shall be in perpetuity and shall survive the completion/termination of this project agreement unless otherwise Identified in the agreement or as approved by the funding board.It is the intent of the funding board's conversion policy(see section 23)that all lands acquired with funding assistance remain in the public domain In perpetuity. F. PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed$125,120.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this project at a minimum shall be as indicated below: Percentage Dollar Amount RCFB-WWRP-Local Parks 50.00% $125J20.00 50.00% $125,120.00 Project Sponsor I Total Project Cost 100.00% $250,240.00 WWRP Project Agreement-RCO#10-1653A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 1 of 16 PROJAGR.RPT G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and Its attachments,as now existing or hereafter amended,including the sponsor's application,eligible scope activities,project milestones,and the Standard Terms and Conditions of the project Agreement,all of which are incorporated herein. Except as provided herein,no amendment/deletions of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such amendment/deletions must be signed by bath parties except the RCO director may unilaterally make amendments to extend the period of performance. Period of performance extensions need only be signed by RCO's director or designee. H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES This agreement is governed by,and the sponsor shall comply with,all applicable state and federal laws and regulations,including Chapter 79A.15 RCW,Chapter 286 WAC,and published agency policies,which are incorporated herein by this reference as if fully set forth. I. SPECIAL CONDITIONS None J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE '.. All written communications and notices under this Agreement will be addressed and sent to at least the mail address or the email address listed below if not both: Protect Contact RCFB Name: Brian Levenhagen Recreation and Conservation Office Title: Assistant Park Planner Natural Resources Building Address: 220 4th Ave S PO Box 40917 Kent,WA 98032 Olympia,Washington 98504-0917 Email: bjlevenhagen@ci.kent.wa.us These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIREAGREEMENT ' This Agreement,with all amendments and attachments,constitutes the entire Agreement of the parties. No other understandings,oral or otherwise,regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This Agreement,for project 10-1653A,shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible and allowable costs Incurred within the period of performance identified in Section Dabove are allowed only when this Agreement is fully executed and an original is received by RCO. i W WRP Project Agreement-RCO#10-1653A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 2 of 16 PROJAGR.RPT j The sponsor/s has read,fully understands,and agrees to be bound by all terms and conditions as set forth in this '... Agreement,The signators listed below represent and warrant their authority to bind the parties to this Agreement. '.. Kent Parks,Rec&Comm Sam By, Date: Name: (printed) '.. Title: State of Washington On behalf of the Recreation and Conservation Funding Board(RCFB) '.. By: Date: Kaleen Cottingham Director, Recreation and Conservation Office Pre-approved as to form: By: /s/ Date: June 27, 2011 I Assistant Attorney General l I I i WJVRP Project Agreement-RCO#10-1653A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAG Page 9 of 16 PROJAGR.RPT Standard Terms and Conditions of the Project Agreement Table of Contents Page SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS............................................................ 6 SECTION 2. PERFORMANCE BY THE SPONSOR.....................................................I............... 8 SECTION3. ASSIGNMENT.....................................................................I..........I................... 8 i SECTION 4. RESPONSIBILITY FOR PROJECT............................................................I..........- 8 i I SECTION6. INDEMNIFICATION............................................................................................. 8 SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR..............................I--.................... 8 SECTION 7. CONFLICT OF INTEREST............. ...................... ..................... ............. .......... 8 SECTIONS. ACKNOWLEDGMENT AND SIGNS.....................................................................— 8 ' SECTION 9. COMPLIANCE WITH APPLICABLE LAW..........................................I.................... 9 SECTION 10. HAZARDOUS SUBSTANCES-..................................I........I...........................—... 10 SECTION11. RECORDS....................... ............................. ......I......................11-.......... 10 SECTION 12. TREATMENT OF ASSETS........................................................................I........... 10 SECTION 13. RIGHT OF INSPECTION..................................................................I.................... 10 SECTION 14. STEWARDSHIP AND MONITORING...................................................................... 10 SECTION 16. DEBARMENT CERTIFICATION............................................................................. 11 SECTION16. PROJECTFUNDING........................................................................................... 11 SECTION 17. PROJECT REIMBURSEMENTS-....................................... ........... ...................— 11 SECTION 18. ADVANCE PAYMENTS....................................................................................... 11 SECTION 19. RECOVERY OF PAYMENTS................................................................................ 12 SECTION 20. CONVENANT AGAINST CONTINGENT FEES..........................................I.............. 12 SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT,RENOVATION AND RESTORATION PROJECTS.................................................................................. 12 SECTION 22. PROVISIONS APPLYING TOACQUISITION PROJECTS.......................................... 12 SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY ANDIOR FACILITIES TO OTHER USES................................................................. 13 SECTION 24. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS.................................................................................. 13 i SECTION 25. INCOME AND INCOME USE................................................................................ 14 SECTION 26. PREFERENCES FOR RESIDENTS....................................................................... 14 WWRP Project Agreement-RCO#10-1653A Outdoor Recreation Account '.......... Chapter79A.15 RCW,Chapter 286 WAC Page4ofle PROJAGRAPT SECTION 27. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT) SPONSORS...................................................................................................... 14 SECTION 28. LIABILITY INSURANCE REQUIRMENTS FOR FIREARMSI, AND ARCHERY RANGE SPONSORS.......... ..........................-............... ...... 14 SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE............................................. 15 SECTION 30, FARMLAND PRESERVATION ACCOUNT............................................................. 15 SECTION 31. ORDER OF PRECEDENCE................................................................................. 15 SECTION32, AMENDMENTS................................................................................................. 15 SECTION 33. LIMITATION OF AUTHORITY.............................................................................. 15 SECTION 34. WAIVER OF DEFAULT....................................................................................... 15 SECTION 35. APPLICATION REPRESENTATIONS-MISREPRESENTATIONS OR INACCURACYOR BREACH.................................................I........................ 15 SECTION 36. SPECIFIC PERFORMANCE................................................................................ 16 SECTION37. TERMINATION................................................................................................. 16 SECTION 38. DISPUTE HEARING.......................................................................................... 16 SECTION 39. ATTORNEYS'FEES.......................................................................................... 17 SECTION 40. GOVERNING LAW/VENUE................................................................................. 17. SECTION 41. SEVERABILITY.....................................................................:.......................- 17 I i i i i WWRP Project Agreement-RCO#1 0-1653A Outdoor Recreation Account III Chapter 79A.15 RCW,Chapter 286 WAC Page 5 of 16 PROJAGR.RPT I l y - WASHINGTON STATE Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Project Sponsor: Kent Parks, Recreation&Community Services Project Number:10-1653A Project Title: Clark Lake Park Expansion 12 Approval Date:11/6/2012 i SECTION I. CITATIONS,HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions.As used throughout this Agreement,the following terms shall have the meaning set forth below: acquisition-The purchase of fee or less than fee interests in real property. These interests include,but are not limited to, options,right of first refusal,conservation easements,access/trail easements,covenants,water rights,leases,and mineral rights. Agreement-The accord accepted by all parties to the present transaction;this Agreement,any supplemental Agreements,any amendments to this Agreement and any intergovernmental Agreements. applicant-Any agency or organization that meets the qualifying standards,including deadlines,for submission of an application soliciting a grant of funds from the funding Board. application-The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds;this includes materials required for the"Application"in the RCO's automated project information system,and other documents as noted on the application checklist including but not limited to legal opinions,evaluation presentations and scripts. asset-Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement.This definition Is restricted to non-fixed assets,including but not limited to vehicles,computers or machinery. - cognizant or oversight agency-Federal agency responsible for ensuring compliance with federal audit requirements. contractor-Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate Agreement with the sponsor.The term"contractor"and"contractors"means contractor(s)in any tier. secondary sponsor-one of two or more eligible organizations that sponsors a grant-funded project.Of these two sponsors, only one-the primary sponsor-may be the fiscal agent. development-The construction of or work resulting in new elements,including but not limited to structures,facilities,and/or materials to enhance outdoor recreation,salmon recovery or habitat conservation resources. director-The chief executive officer of the Recreation and Conservation Office or that person's designee. elements,items and worktypes-Components of the funded project as provided in the project description. funding board-The board that authorized the funds In this Agreement,either the Recreation and Conservation Funding Board (RCFB)created under chapter 79A.25.110 RCW,or the Salmon Recovery Funding Board(SRFB)created under chapter 77,85.110 RCW. grantee-The organizational entity or individual to which a grant(or cooperative agreement)is awarded and signatory to the Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the grant-supported project or activities. landowner agreement-A landowner agreement is required between a SRFB project sponsor and landowner for projects located on land not owned,or otherwise controlled,by the sponsor. lower tier participant-refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee,subgrantee,or contractor of any grantee or subgrantee from the original sponsor funded by RCO. milestone-An important event with a defined deadline for an activity related to implementation of a funded project. period of performance-The time period specified in the Agreement,under Section D,period of performance. project-The undertaking that is the subject of this Agreement and that is,or may be,funded in whole or in part with funds ',..... administered by RCO on behalf of the funding board. RCO-Recreation and Conservation Office-The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board.RCO includes the director and staff,created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement-Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation- The activities intended to improve an existing site or structure in order to increase its service life or functions.This does not include maintenance activities. restoration-Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement;includes its officers,employees,agents and successors. subgrantee-The term subgrantee means the government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. WVVRP Project Agreement-RCO#10-1653A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page e of 1e PROJAGR.RPT SECTION2. PERFORMANCE BY THE SPONSOR The sponsor,and secondary sponsor where applicable,shall undertake the project as described in this Agreement,post evaluation L, summary,the sponsor's application,and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application,all as finally approved by the funding board.All submitted documents are incorporated by this reference as if fully set forth herein.The Order of Precedence is covered in Section 31. Timely completion of the project and submission of required documents,including progress and final reports,is important.Failure to meet critical milestones or complete the project,as set out In this Agreement,is a material breach of the Agreement. SECTION 3. ASSIGNMENT Neither this Agreement,nor any claim arising under this Agreement,shall be transferred or assigned by the sponsor without prior written consent of the Recreation and Conservation Office, SECTION4. RESPONSIBILITY FOR PROJECT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement,the project itself remains the sole responsibility of the sponsor.The funding board undertakes no responsibilities to the sponsor,a secondary sponsor,or to any third party,other than as is expressly set out in this Agreement.The responsibility for the implementation of the project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity,any and all sponsors are equally responsible for the project and all post-completion stewardship responsibilities. SECTION 5. INDEMNIFICATION To the fullest extent permitted by the law,the sponsor expressly agrees to and shall Indemnify,defend and hold harmless the State and its agencies,officials,agents and employees from and against all claims,actions,costs,damages,or expenses of any nature arising out of or incident to the sponsor's or any contractor's performance or failure to perform the Agreement.Sponsor's obligation to indemnify,defend and hold harmless also includes any claim by sponsor's agents,employees,representatives or any contractor or its III. employees.Sponsor's obligation to defend Includes payment of any costs or attorneys'fees. Sponsor's obligation shall not include such claims that may be caused by the sole negligence of ROO,its officials,agents,and employees.If the claims or damages are caused by or result from the concurrent negligence of(a)ROO,its agents or employees and (b)the sponsor,its contractors,agents,or employees,this indemnity provision shall be valid and enforceable only to the extent of the negligence of the sponsor or its contractors,agents,or employees.The sponsor expressly agrees to waive his/her immunity under - Title 51 ROW(as to the State,and its agencies but not as to any employee,worker or third party)to the extent required to indemnify, defend,and hold harmless the State and its agencies,officials,agents or employees. SECTIONS. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this Agreement are not officers,employees or agents of the funding board or RCO.The sponsor will not hold itself out as nor claim to bean officer,employee or agent of ROO,a funding board or of the state of Washington,nor will the sponsor make any claim of right,privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B ROW. The sponsor is responsible for withholding and/or paying employment taxes,insurance,or deductions of any kind required by federal, state,and/or local laws. SECTION7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal,ROO may,in its sole discretion,by written notice to the sponsor terminate this Agreement if it Is found after due notice and examination by ROO that there is a violation of the Ethics in III Public Service Act,Chapter 42.52 ROW,or any similar statute involving the sponsor in the procurement of,or performance under,this Agreement. '... In the event this Agreement is terminated as provided above,ROO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor.The rights and remedies of ROO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. ',.. SECTIONS. ACKNOWLEDGMENT AND SIGNS A. Publications.The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for,or referring to,the project during the project period and in the future. B. Signs,The sponsor also shall post signs or other appropriate media during the project period and In the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution,unless exempted in funding board policy orwaived by the director. C. Ceremonies.The sponsor shall notify ROO no later than two weeks before a dedication ceremony for this project.The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. W WRP Project Agreement-ROO#10-1653A Outdoor Recreation Account Chapter 79A.15 ROW,Chapter 286 WAG Page 7 of 1s PROJAGR.RPT D. Federally Funded Projects.When issuing statements,press releases,requests for proposals,bid solicitations,and other I documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly state: 1. The percentage of the total costs of the project that is financed with federal money; 2. The dollar amount of federal funds for the project;and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the Agreement in accordance with applicable federal,state,and local laws,regulations and RCO and funding board policies regardless of whether the sponsor is a public or non-public organization. The sponsor shall comply with,and RCO is not responsible for determining compliance with,any and all applicable federal,state,and local laws,regulations,and/or policies,including,but not limited to:State Environmental Policy Act;Industrial Insurance Coverage; Architectural Barriers Act;permits(shoreline,Hydraulics Project Approval,demolition);land use regulations(critical areas ordinances, Growth Management Act);federal and state safety and health regulations(Occupational Safety and Health AdministrationlWashington Industrial Safety and Health Act);and BuyAmerican Act. i Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 CFR 223.203(b)(8),limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of this requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by RCO. Nondiscrimination Laws The sponsor shall comply with all applicable federal,state,and local nondiscrimination laws and/or policies,including but not limited to:the Americans with Disabilities Act;Civil Rights Act;and the Age Discrimination Act.In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy,the Agreement may be rescinded,cancelled,or terminated in whole or in part,and the sponsor may be declared ineligible for further grant awards from the funding board.The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. Wages and Job Safety - The sponsor agrees to comply,with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages and job safely.The sponsor agrees to pay the prevailing wage rate to all workers,laborers,or mechanics employed in the performance of any part of this contract if state law applies to the lands in question and the prevailing wage law applies to the work being performed. The Washington State Department of Labor and Industries should be consulted to determine whether prevailing wage laws apply. Further the sponsor agrees to comply with the provisions of the Davis-Bacon Act as required, li and any other applicable federal laws. Archaeological and Cultural Resources The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act,whichever is applicable to the project. If a federal agency declines to consult,the sponsor shall comply with the requirements of Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification must be provided to the following:concerned Tribes'cultural staff and cultural committees,RCO,and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity,work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification provided to the concerned Tribe's cultural staff and cultural committee,RCO,State Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible according to ROW 68.50 Restrictions on Grant Use No part of any funds provided under this grant shall be used,other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes,or for the preparation,distribution,or use of any kit,pamphlet,booklet,publication,radio, television,or video presentation designed to support or defeat legislation pending before the U.S.Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor,or agent acting for such sponsor,related to any activity designed to influence legislation or appropriations pending before the U.S.Congress or any state legislature. WWRP Project Agreement-RCO#10-1 653A Outdoor Recreation Account �i Chapter 79A.15 RCW,Chapter 286 WAC Page a of is PROJAGR.RPT SECTION 10. HAZARDOUS SUBSTANCES A. Certification.The sponsor shall inspect,investigate,and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances,as defined in Chapter 70.105D.020(11)RCW,and certify: 1. No hazardous substances were found on the site,or 2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,and the site deemed"clean." B. Responsibility.Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. C. Hold Harmless.The sponsor will defend,protect and hold harmless RCO and any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release orthreatened release of,hazardous substances on the property the sponsor is acquiring. SECTION 11, RECORDS li A. Maintenance.The sponsor shall maintain books,records,documents,data and other evidence relating to this Agreement and performance of the services described herein,including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and Indirect costs of any nature expended In the performance of this Agreement.Sponsor shall retain such records for a period of six years from the date RCO deems the project complete,as defined in Section 17(C)below. If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. B. Access to records and data.At no additional cost,the records relating to the Agreement,including materials generated under the Agreement,shall be subject at all reasonable times to inspection,review or audit by ROO,personnel duly authorized by RCO,the Office of the State Auditor,and federal and state officials so authorized by law,regulation orAgreement.This includes access to all information that supports the costs submitted for payment under the grant and all findings,conclusions,and recommendations - of the sponsor's reports,Including computer models and methodology for those models. C. Public Records.Sponsor acknowledges that the funding board Is subject to chapter 42.56 RCW and that this Agreement and any ' records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally,in compliance with RCW 77.85.130(8),sponsor agrees to disclose any Information in regards to expenditure of any funding received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose or copy that record under the state public records law,currently codified at RCW 42.56. The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under stale - public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request,and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. !i SECTION 12. TREATMENT OF ASSETS '.. A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program.When the sponsor discontinues use of the asset(s)for the purpose for which it was funded, RCO will require the sponsor to deliver the asset(s)to RCO,dispose of the asset according to RCO policies,or return the fair market value of the asset(s)to RCO.Assets shall be used only for the purpose of this Agreement,unless otherwise provided herein or approved by RCO in writing. B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which '. results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices. SECTION 13. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO,or any of its officers,or to any other authorized agent or official of the state of Washington or the federal government,at all reasonable times,in order to monitor and evaluate performance,compliance, andlor quality assurance under this Agreement. If a landowner Agreement or other form of control and tenure has been executed,it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance. SECTION 14. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated In policy documents approved by the funding boards or RCO.Sponsor further agrees to utilize,where applicable and financially feasible,any monitoring protocols recommended by the funding board. i WWRP Project Agreement-RCO#10-1653A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 9 of 16 PROJAGR.RPT SECTION 16. DEBARMENT CERTIFICATION A. For Federally Funded Projects By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Further,the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the"General Services Administration's Excluded from Federal Procurement or Non-procurement Programs at http:llww .epls.gov, - The sponsor(prospective lower tier participant)shall provide immediate written notice to RCO if at any time the prospective lower tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed Circumstances. B. For State Funded Projects By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any other lowertier participant are presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this - transaction by Washington State Labor and Industries. Further,the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the"Contractors not Allowed to Bid on Public Works Projects"list at http://www.Ini.wa.govrTradesLicensing/PrevWago/AwardingAgencies/DebarredContractors/ ',.. SECTION 16. PROJECT FUNDING A. Additional Amounts.The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement,unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement. B. Before the Agreement.No expenditure made,or obligation incurred, by the sponsor before the project start date shall be eligible for grant funds,in whole or in part,unless specifically provided for by funding board policy,such as a waiver of retroactivity,or program specific eligible pre-Agreement costs.For reimbursements of such costs,this Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the period of performance.No expenditure made,or obligation incurred,following the period of performance shall be eligible,in whole or in part,for grant funds hereunder.In addition to any remedy the funding board may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PROJECT REIMBURSEMENTS A. This contract is administered on a reimbursement basis.The sponsors may only request reimbursement after eligible and allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then.reimburse the sponsor for those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO.RCO does not reimburse for donations which the sponsor may use as part of its percentage.All reimbursement requests must include proper documentation of expenditures as required by RCO. I i B. Compliance and Payment.The obligation of RCO to pay any amounts)under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. C. Compliance and Retainage.RCO reserves the right to withhold disbursement of up to the final ten percent(10%)of the total amount of the grant to the sponsor until the project has been completed.A project is considered"complete"when: 1. All approved or required activitles outlined in the Agreement are done; 2. On-site signs are in place(if applicable); 3. Afinal project report is submitted to and accepted by RCO; 4. Any other required documents are complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed;and 8. Fiscal transactions are complete. f 9. RCO has accepted a final boundary map,if required for the project,for which the Agreement terms will apply in the future. D. Reimbursement Request Frequency.Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO,at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. I SECTION 18. ADVANCE PAYMENTS Advance payments of or In anticipation of goods or services to be provided under this Agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060(5). WWRP Project Agreement-RCO 010-1653A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 10 of 16 PROJAGR.RPT i i SECTION 19. RECOVERY OF PAYMENTS In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws,and/or the provisions of the Agreement,or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance In addition to any other remedies available at law or in equity. i The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement.Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%)per annum from the time that payment becomes due and owing. SECTION 20. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission,percentage,brokerage or contingent fee,excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right,in the event of breach of this clause by the sponsor,to terminate this Agreement without liability or,in its discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission,percentage,brokerage or contingent fee. SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT,RENOVATION AND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for development,renovation and restoration of land or facilities for outdoor recreation,habitat conservation,or salmon recovery: A. Document Review and Approval.The sponsor agrees to submit one copy of all development,renovation,restoration or construction plans and specifications to RCO for review prior to implementation.Review and approval by RCO will be for �. compliance with the terms of this Agreement. B_ Contracts for Development,Renovation or Restoration.Sponsors must follow any applicable state and/or required federal procurement procedures. If such procedures do not apply,Sponsor must follow these minimum procedures:(1)publish a notice ',... to the public requesting bids/proposals for the project(2)specify in the notice the date for submittal of bids/proposals(3)specify in the notice the general procedure and criteria for selection;and (4)comply with the same legal standards regarding unlawful discrimination based upon race,ethnicity,sex,or sex-odentation that are applicable to state.agencies In selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties,including any proposers,and may not be enforced or '.. subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO they have followed any applicable state and/or federal procedures or the minimum procedure where the former procedures do not apply. C. Contract Change Order.Only change orders that impact the amount of funding or changes to the scope of the project as ',..... described to and approved by the funding board or RCO must receive prior written approval. D. Control and Tenure.The sponsor must provide documentation that shows appropriate tenure(land ownerAgreement,long term lease Agreement easement,or fee simple ownership)for the land proposed for development, renovation or restoration. The documentation must meet current RCO requirements. E. Nondiscrimination.Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract,the contractoragrees to comply with all federal and state nondiscrimination laws,regulations and policies." F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.The best management practices are described in three documents:"Stream Habitat Restoration Guidelines:Final Draft",2004;"Design of Road Culverts for Fish Passage",2003;and "Integrated Streambank Protection Guidelines",2002.These documents and other information can be found on the AHG website. SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS ' The following provisions shall be In force only if the project described in this Agreement is for the acquisition of interest in real property (including easements)for outdoor recreation,habitat conservation,salmon recovery purposes,or farmland preservation: A Evidence of Land Value.Before disbursement of funds by RCO as provided under this Agreement,the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. B. Evidence of Title.The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired.This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased with funding assistance provided through this project Agreement(and protected by a recorded conveyance of rights to the State of Washington)shall be incorporated into the Agreement before final payment. Ili WWRP Project Agreement-RCO#10-1653A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 11 of ie PROJAGR.RPT D. Conveyance of Rights to the Stale of Washington.Document securing long-term rights for the State of Washington. When real property rights(both fee simple and lesser interests)are acquired,the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO,on behalf of the State of Washington. These documents include a Deed of Right,Assignment of Rights,Easements and/or Leases. The sponsor agrees to use document language provided by RCO,to record the executed document in the County where the real property lies,and to provide a copy of the recorded document to RCO.The document required will vary depending on the project type,the real property rights being acquired and whether or not those rights are being acquired in perpetuity. 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right orAssignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will depend on the situation;sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Property Acquisition and Relocation Assistance '.. 1. When federal funds are part of this Agreement,the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat.1894(1970)--Public Law 91-646,as amended by the Surface Transportation and Uniform Relocation Assistance Act,PL 100-17-1987,and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this Agreement,the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter 8.26.010 RCW,and Chapter 468-100 WAC. 3. Housing and Relocation.In the event that housing and relocation costs,as required by federal law set out in subsection(1) above and/or slate law set out In subsection(2)above,are involved in the execution of this project,the sponsor agrees to provide any housing and relocation assistance required. F. Buildings and Structures. In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9- Archaeological and Cultural Resources before structures are removed or demolished. G. .Archaeological and Cultural Resources. The sponsor agrees that any real property interests acquired under this Agreement,if to ,, be subject to land disturbing activities in the future,is subject to Governors Executive Order 05-05 or the National Preservation Historic Act(S. 106). The sponsorfurther agrees that ground disturbing activity will not occur until RCO has been notified and , determines if a cultural resources review is needed. SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTYANDlOR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired,developed,and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with ,, applicable statutes,rules,and funding board policies. It is the intent of the funding board's conversion policy,current or as amended in the future,that all real property or facilities acquired,developed and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board. Determination of whether a conversion has occurred shall be based upon applicable law and RCFBISRFB policies. When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding board policies. SECTION 24. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS For acquisition,development,renovation and restoration projects,sponsors must ensure that properties or facilities assisted with funding board funds,including undeveloped sites,are built,operated,used,and maintained: A. According to applicable federal,state,and local laws and regulations,including public health standards and building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws,regulations and policies. W WRP Project Agreement-RCO#10-1653A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 12 of 16 PROJAGR.RPT For acquisition,development,renovation and restoration projects,facilities open and accessible to the general public must: E. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards;guidelines,or rules,Including but not limited to:the International Building Code,the Amedcans with Disabilities Act,and the Architectural Barriers Act,as updated. F. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods. G. Be available for use by the general public without reservation at reasonable hours and times of the year,according to the type of area or facility. SECTION 25. INCOME AND INCOME USE A. Income. 1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement. 2. Fees.User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the: (a) Value of any service(s)fumished; (b) Value of any opportunities furnished;and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes(firearm and/or hunter)forwhich a li facility/range fee must not be charged(Chapter 79A.25.210 RCW). B. Income use.Regardless of whether income or fees in a project work site(including entrance,utility corridor permit,cattle grazing, timber harvesting,farming,etc.)are gained during or after the reimbursement period cited In the Agreement,unless precluded by state or federal law,the revenue may only be used to offset 1. The sponsor's matching funds; 2. The project's total cost; i, 3. The expense of operation,maintenance,stewardship,monitoring,and/or repair of the facility or program assisted by the funding board grant; q. The expense of operation,maintenance,stewardship,monitoring,and/or repair of other similar units in the sponsor's '........ system; and/or 5. Capital expenses for similar acquisition and/or development. SECTION 26. PREFERENCES FOR RESIDENTS '.. Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential reservation,membership,and/or permit systems)except that reasonable differences in admission and other fees may be maintained on the basis of residence.Even so,the funding board discourages the imposition of differential fees.Fees for nonresidents must not exceed twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents,the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. '.. SECTION 27. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS A corporate sponsor,Including any nonprofit sponsor,shall: '.. A. Maintain corporate status with the state,including registering with the Washington Secretary of State's office,throughout the sponsor's obligation to the project as identified in the Agreement. B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities.Aqualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement.RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use,(e.g.,members only). SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A. The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition,to liability insurance it may currently carry,or shall procure a new policy of liability insurance,In a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured,or suffer damage to property,while present at the range facility to which this grant is related,or by reason of being in the vicinity of that facility;provided that the coverage shall be at least one million dollars($1,000,000)for the death of,or injury to,each person. B. The liability insurance policy,including any endorsement or addition,shall name Washington State,the funding board,and RCO as additional insured and shall be in a farm approved by the funding board or director. WWRP Project Agreement-RCO#10-1653A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 13 of 1 a PROJAGR.RPT i C. The policy,endorsement or other addition,or a similar liability insurance policy meeting the requirements of this section,shall be kept in force throughout the sponsors obligation to the project as identified in this Agreement. D. The policy,as modified by any endorsement or other addition,shall provide that the Issuing company shall give written notice to RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer,and within ten(10) '...., calendar days following any termination of the policy by the sponsor. '....... E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal,state,or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from Its facilities or j activities generally,including such facilities as firearms or archery ranges,when the applicant declares and describes that program or policy as a part of its application to the funding board. F. By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death,injury, or damage to property which that person may suffer while present at,or in the vicinity of,the facility to which this grant relates. I Any such person,or any other person making claims based on such death,injury,or damage,must look to the sponsor,or others,for any and all remedies that may be available by law. SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service, US Department of the Interior,for funding assistance from the federal Land and Water Conservation Fund(LWCF),the"Project Agreement General Provisions"in the LWCF Slate Assistance Program Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General Provisions,in addition to this Agreement,as they now exist or are hereafter amended. Further,the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 30. FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. • Section 8-Acknowledgement and Signs, • Section 10-Hazardous Substances, • Section 14-Stewardship and Monitoring • Section 22-Provisions Applying to Acquisition Projects,Sub-sections F and G. • Section 23-Restriction on Conversion of Real Property and/or Facilities to Other Uses,and • Section 24-Construction,Operation,Use and Maintenance of Assisted Projects,Sub-sections E,F,and G • Section 25-Income and Income Use SECTION 31. ORDER OF PRECEDENCE This Agreement is entered into,pursuant to,and under the authority granted by applicable federal and state laws.The provisions of the Agreement shall be construed to conform to those laws.In the event of an inconsistency in the terms of this Agreement,or between its terms and any applicable statute,rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and/or state statutes,regulations,policies and procedures including RCO/funding board policies and procedures,applicable federal Office of Management and Budget(OMB)circulars and federal and state executive orders; B. Project agreement including attachments; j C. Special Conditions; D. Standard Terms and Conditions of the Project Agreement. 'I SECTION 32. AMENDMENTS Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee. SECTION 33. LIMITATION OF AUTHORITY Ili Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this Agreement.Furthermore,any alteration,amendment,modification,or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 34. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing,signed by the director,or the director's designee,and attached to the original Agreement SECTION 35. APPLICATION REPRESENTATIONS-MISREPRESENTATIONS OR INACCURACY OR BREACH '.. The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for,selection for, and scope of,funding grants.Any misrepresentation,error or inaccuracy in any part of the application may be deemed a breach of this Agreement. WW RP Project Agreement-ROO#10-1653A Outdoor Recreation Account Chapter7gA.15 RCW,Chapter 286 WAC Page to oils PROJAGR.RPT SECTION 36, SPECIFIC PERFORMANCE The funding board and RCO may enforce this Agreement by the remedy of specific performance,which usually will mean completion of the project as described in this Agreement.However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive.The funding board or RCO may elect to exercise any,a combination of,or all of the remedies available to it under this Agreement,or under any provision of law,common law,or equity. SECTION 37. TERMINATION The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including,but not limited to,the requirements of the applicable statutes,rules and all funding board and RCO policies,and with the representations of the sponsor in its application for a grant as finally approved by the funding board A. For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreeme nt: i. In the event of any breach by the sponsor of any of the sponsors obligations under this Agreement;or f. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director,under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement,the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement In any biennial fiscal period,RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year,RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. C. For Convenience. Except as otherwise provided In this Agreement,RCO may,by ten(10)days written notice,beginning on the second day after the mailing,terminate this Agreement,in whole or in part. If this Agreement is so terminated,RCO shall be liable j only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of I termination. SECTION 38. DISPUTE HEARING Except as may otherwise be provided in this Agreement,when a dispute arises between the sponsor and the funding board,which cannot be resolved,either party may request a dispute hearing according to the process set out in this section.Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed Issues; B. The relative positions of the parties; C. The sponsors name,address,project title,and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues.The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor,one person chosen by the director,and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on,the third person shall be chosen by the funding board's chair. Any hearing under this section shall be Informal,with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so agree.The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel,unless the remedy directed by that panel shall be without the authority of either or both parties to perform,as necessary,or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute.The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. All casts associated with the Implementation of this process shall be shared equally by the parties. ' SECTION 36. ATTORNEYS'FEES In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own attorney fees and costs. SECTION 40. GOVERNING LAWNENUE WWRP Project Agreement-RCO#10-1 653A Outdoor Recreation Account Chapter7gA.15 RCW,Chapter 266 WAC Pagel5of1s PROJAGR.RPT nce with the laws of the State of Washington.In the event of a Iawsuit �I This Agreement shall be construed and interpreted in accordance 9 i involving this Agreement,venue shall be in Thurston County Superior Court if legally proper;otherwise venue shall be in a county where the project is situated.The sponsor,by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe,the following governing ',i law/venue applies: A. Notwithstanding the above venue provision,if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance,breach or enforcement of this Agreement,it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court,the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State,the State shall bring such lawsuit in federal court;otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law,except to the extent preempted by federal or tribal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court. B. Any judicial award,determination,order,decree or other relief,whether in law or equity or otherwise,resulting from such a lawsuit shall be binding and enforceable on the parties. Any money judgment or award against a Tribe,tribal officers and members,or the State of Washington and its officers and employees may exceed the amount provided for In Section F-Project Funding of the Agreement in order to satisfy the judgment. C. The Tribe hereby waives its sovereign immunity to legal actions as may be brought pursuant to this section,and to the enforcement of any judgment from such legal actions. This waiver is not for the benefit of any third party and shall,not be enforceable by any third party or by any assignee of the parties. In any enforcement action,the parties shall bear their own enforcement costs,including attorneys'fees. _ i SECTION 41. SEVERABILITY The provisions of this Agreement are intended to be severable.If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. WWRP Project Agreement-RCO#10-1653A Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC Page 16 of 16 PROJAGRAPT Legal Description Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 10-1653 A Project Title: Clark Lake Park Expansion 12 RCO Approval: 11/06/2012 Worksite Name Property Name Legal Description '.. Worksite#1 Clark Lake Park Rockwell Property The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded Deed-of-Right) shall be amended into the Project Agreement prior to reimbursement of the final payment. LEGALCSC.RPT November 15,2012 Page 1 i Eligible Scope Activities Project Sponsor: Kent Parks, Recreation&Community Services Project Number: 10-1653 Project Title: Clark Lake Park Expansion 12 Project Type: Acquisition '.. Program: WWRP-Local Parks Approval: 11/6/2012 Project Metrics Project Acquisition Project acres by purpose type: Developed Recreation 0.91 Acquisition Metrics Property: Rockwell Property (Worksite#1, Clark Lake Park) Real Property Acquisition '.. Land Acres by Acreage Type(fee simple): Lake 0.00 Riparian 0,00 Tidelands 0.00 Wetlands 0.00 Uplands 0.91 Existing structures on site: Structures to be demolished Clean up of hazardous substances required (yes/no): Unknown Incidentals Demolition . . ' Buildings/structures to be demolished: House and detached garage. Fencing(Acq) li Number of miles of fencing to be built: 0.17 Incidentals Survey(Acq) Acres to be surveyed: 0.91 Administrative Costs(Acq) ELIGREIM.RP7 November 15,2012 Page: 1 II I i Milestone Report By Project Project Number: 10-1653 A Project Name: Clark Lake Park Expansion 12 Sponsor: Kent Parks, Rec& Comm Sery Project Manager: Laura Moxham r. r Order Appraisal(s) 1 0101/2 0 1 2 Project Start 11/30/2012 Order Appraisal Review(s) 12/31/2012 '.. I Purchase Agreement Signed 0 1131/2 01 3 Survey Complete 05/31/2013 Baseline Documentation to RCO 05/31/2013 Acquisition Closing 0 513 112 01 3 Cultural Resources Complete 05/31/2013 - I Progress Report Submitted 07/31/2013 Recorded Acq Documents to RCO 0 7131/2 0 1 3 I Demolition Complete 1013112013 Noxious Weed Control Complete 10/31/2013 Fencing Complete 11/30/2013 Funding Acknowl Sign Posted 1113012013 Agreement End Date 12/31/2013 Final Billing to RCO 01/15/2014 Final Report in PRISM 02/28/2014 X=Milestone Complete 1=Critical Milestone 1MILESTO.RPT November 15,2012 Page: 1 i Press Release Template Kent Parks, Recreation & Community Services offered grant to acquire land for a future local park. (Kent)-Kent Parks, Recreation&Community Services was awarded a grant of$125,120.00 from the Washington Wildlife and Recreation Program, Outdoor Recreation Account, Local Parks category. The grant was awarded by the Recreation and Conservation Funding Board(RCFB),and will be used for the following: Kent Parks, Recreation and Community Services will use this grant to buy 2.2 acres to expand Clark Lake Park.The 131-acre park is located centrally on the East Hill of Kent, where about 80 percent of the city's residents live,and surrounds the 7-acre freshwater lake.The land includes 30 feet of lake shoreline and about 10,000 square feet of the lake. Without this property, the City's goal of turning the existing 2 miles of trail into a loop around the lake would not be possible.The upland portion of the property likely will be used for future park amenities and will allow the City to keep the middle of the eventual 167-acre park as natural as possible. King County begun to assemble the land around Clark Lake in the 1990s and since annexation into Kent in 1997, Kent Parks has more than doubled the size of the park.This is one of the remaining four key parcels to complete the park.The owners have expressed a desire to sell and it is vital for the City to take advantage of this rare opportunity.The City will contribute$403,900 in cash and a local grant. I There were sixty-three applications submitted for consideration in the Washington Wildlife and Recreation Program, Outdoor Recreation Account, Local Parks category. Each project went through an _ evaluation process prior to being recommended for funding. The RCFB Board approved funding for projects on Wednesday,June 22,2011. Funding for the Washington Wildlife and Recreation Program, Outdoor Recreation Account, Local Parks category comes from the sale of state general obligation bonds. Kent Parks, Recreation&Community Services will leverage local contributions totaling$125,120.00 with grant monies to implement the project. Total estimated project cost is$250,240.00. RCFB is the state's administrator of the grant program. Contact: Brian Levenhagen, (253)856-5116(sponsor project manager) Laura Moxham, (360)902-2587, laura.moxham@rco.wa.gov(RCFB project manager) Z KENT Agenda Item: Consent - 7F TO: City Council DATE: February 5, 2013 SUBJECT: Green River Flood Protection Sandbag Removal - Accept as Complete MOTION: Accept the Green River Flood Protection Sandbag Removal Project as complete and release retainage to AGR Contracting, Inc. upon receipt of standard releases from the state and release of any liens. The original contract amount was $894,628.03. The final contract amount was $668,599.95. SUMMARY: In 2009, the US Army Corps of Engineers discovered a leak in the Howard Hanson Dam. As a result of this leak, the Corps determined that the dam had a decreased ability to prevent flooding in the Green River Valley. In response, the City of Kent, other valley cities and the King County Flood Control District installed large sandbags along the top of the levees to increase their flood protection capabilities. The dam was repaired, and under this contract, the sandbags were removed. This work is complete, and we are now ready to close out this contract. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None. The King County Flood Control District reimbursed the City for the cost of this work. Z KENT "^ Agenda Item: Consent — 7G TO: City Council DATE: February 5, 2013 SUBJECT: Local Hazardous Waste Management Program Grant - Accept MOTION: Authorize the Mayor to accept the Local Hazardous Waste Management Program Grant in the amount of $31,442.22 for 2013 and establish a budget accordingly, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Seattle/King County Health Department's Local Hazardous Waste Management Program Grant is an annual grant to help cities protect public health and the environment from toxics and hazardous products and wastes. The grant covers collection of hazardous waste at three special recycling collection events for residents and local businesses, as described in the attached Grant Agreement's Scope of Work. In the past, these events have successfully diverted hazardous materials from landfills and/or removed them from residents' homes and property. Hazardous items collected at the events include: Refrigerators and freezers, used oil, and other petroleum products, antifreeze, and batteries. In addition, the grant pays for some staffing, printing and mailing costs. EXHIBITS: King County Local Hazardous Waste Management Program Grant RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None. The City will receive $31,442.22. No match is required. The Local Hazardous Waste Management Program grant fully funds the collection of hazardous waste collected at the three events the City hosts. Public Health Seattle & King County LIQ King County Contract No. EHS2851 Federal Taxpayer ID No. 91-1355875 This form is available in alternate formats for people with disabilities upon request. KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION — 2013 Department Seattle-King County Dept. of Public Health (a.k.a. Public Health — Seattle & King Division County)/EHS Contractor City of Kent Project Title Local Hazardous Waste Management Program Contract Amount Thirty One Thousand Four Hundred Forty Two Dollars and Twenty Two Cents Contract Period Start date: 01/01/2013 End date: 12/31/2013 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Kent (the "Contractor"), whose address is 220 4th Ave. S, Kent, WA 98032-5895. WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY $31,442.22 1/1/2013 - 12/31/2013 TOTAL $31,442.22 1/1/2013 - 12/31/2013 and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2013 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: A Program Exhibits and Requirements • Exhibit A: Scope of Work • Exhibit B: Budget • Exhibit C: Invoice B King County Required Forms • Exhibit D: Certificate of Insurance and Additional Insured Endorsement II Term and Termination A This Contract shall commence on 01/01/2013, and shall terminate on 12/31/2013, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. Contract# EHS2851 Page # 1 of 9 B This Contract may be terminated by the either party without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the termination. C The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. E Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III Compensation and Method of Payment A The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: Upon receipt and approval by the County of a signed invoice as set forth in Exhibit C that complies with the budget in Exhibit B. B The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount in any Contract Contract# EHS2851 Page # 2 of 9 budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1 The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2 Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. Please reference http://www.gsa.gov for the current host city per diem rates. 3 Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Contractor shall always request government rates. 4 Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air travel occurring as part of federal grant must be in accordance with the Fly America Act. IV Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted government accounting standards (GAGAS). V Debarment and Suspension Certification Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are excluded from contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. For more information on suspension and debarment, see Federal Acquisition Regulation 9.4. VI Maintenance of Records/Evaluations and Inspections A The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following: 1 Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2 Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any mutually agreeable time, the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by Contract# EHS2851 Page # 3 of 9 the County during such visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII Compliance with the Health Insurance Portability Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://wwvv.kingcounty.gov/healthservices/health/partnerships/contracts VIII Audits A If the Contractor or subcontractor is a municipal entity or other government institution or jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total of$500,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, then the Contractor or subcontractor shall meet the respective A-133 requirements described in subsections VIII.B. and VIII.C. B If the Contractor is a non-profit organization, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's fiscal year. The Contractor shall provide to the County its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a "Management Letter" or other correspondence made by the auditor, the Contractor shall provide copies of those communications and the Contractor's response and corrective action plan. Submittal of these documents shall constitute compliance with subsection VIII.A. C If the Contractor is a municipal entity or other government institution or jurisdiction, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VIII.A. D If the Contractor, for-profit or non-profit, receives in excess of$100,000 in funds during its fiscal year from the County, it shall provide a fiscal year financial statement prepared by an independent Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the Contractor's fiscal year. Contract# EHS2851 Page # 4 of 9 E Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements. IX Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section II.C.; D In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E. X Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. XI Hold Harmless and Indemnification A In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, Contract# EHS2851 Page # 5 of 9 and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. C The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in anyway resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arise out of, or in any way result from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. XII Insurance Requirements By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Specific coverages and requirements are at http://wwvv.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and certify compliance. XIII Assignment/Subcontracting A The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. Contract# EHS2851 Page # 6 of 9 C The Contractor shall include Sections III.D., III.E., IV, V, VI, VII, VIII, XI, XII, XIV, XV, XXI, and XXV, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV Nondiscrimination and Equal Employment Opportunity The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://vwvw.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and certify compliance. XV Conflict of Interest A The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C The Contractor acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVI Equipment Purchase, Maintenance, and Ownership A The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of$5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or Contract# EHS2851 Page # 7 of 9 federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. XVII Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XVIII Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIX King County Recycled Product Procurement Policy In accordance with King County Code 10.16, the Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. In addition, the Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. XX Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXI Entire ContractMaiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXII Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the Contract# EHS2851 Page # 8 of 9 County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIV Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV Applicable Law This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. XXVI No Third Party Beneficiaries Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY City of Kent FOR King County Executive Signature Date NAME (Please type or print) Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY Contract#EHS2851 - Local Hazardous Waste Management Program Contract# EHS2851 Page # 9 of 9 EHS2851 EXHIBIT A CITY OF KENT 2013 SCOPE OF WORK 1/1/2013-12/31/2013 The Local Hazardous Waste Management Plan (hereafter referred to as the "Plan") as updated in 1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). The purpose of this Exhibit is to define the relationship associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Kent will organize three citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil, motor oil filters, petroleum based products, antifreeze, batteries, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The responsibilities of the parties to this Contract shall be as follows: A. The City 1. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Fund Manager: a) An invoice (see Exhibit C). Invoices should be sent to the Fund Manager for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or afinancial statement prepared by the City's finance department. The financial statements should include vendor EHS2851 —City of Kent 1 names, a description of services provided, date paid and a check or warrant number. 3. The City shall notify the Fund Manager no later than December 15a' regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency,the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 Fourth Ave. S, Kent, at(253) 856-5549, (ghungerford(okentwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator or Fund Manager should be referred to the LHWMP Program Director for resolution. B. Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10)working days of receiving a request for reimbursement from the City, the Fund Manager shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made,this shall be done by written notification to the City providing the reason for such exception. The Fund Manager will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Fund Manager retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. EHS2851 —City of Kent 2 C. Program Contacts Lauren Cole Madelaine Yun Acting LHWMP Program Director LHWMP Fund Manager 150 Nickerson Street, Suite 100 150 Nickerson Street, Suite 100 Seattle WA 98109 Seattle WA 98109 206-240-5977 206-352-7128 Lauren.coleAkingcounty.gov madelaine.yunAkingcounty.gov Paul Shallow LHWMP Contract Administrator Seattle, WA 98104 206-263-8487 Paul.shallowAkingcounty,.gov EHS2851 —City of Kent 3 EXHIBIT B 2013 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM The City of Kent 220 Fourth Ave. S Kent, WA 98032 Component Description Budget Household Hazardous Waste Education Household Hazardous Waste Collection $31,442.22 TOTAL $31,442.22 EHS2851 —City of Kent EXHIBIT C 2013 INVOICE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: The City of Kent 220 Fourth Ave. S Kent, WA 98032 To: Madelaine Yun,Fund Manager Local Hazardous Waste Management Program in King County Seattle-King County Department of Public Health 150 Nickerson St., Suite 100 Seattle, WA 98109 Contract#EHS2851 Period of time: , 2013 to 12013. In performance of a signed Contract between King County and the City of Kent,I hereby certify that the following expenses were incurred during the above-mentioned period of time. Signature Date Component Budget Current Expenses Previous Charges Balance Description Household Hazardous Waste Education Household Hazardous $31,442.22 Waste Collection TOTAL $31,442.22 For Health Department Use Only FOR HEALTH DEPARTMENT USE ONLY Oracle Purchase Order# Invoice Date T Invoice# Amount to be paid Oracle Requisition# Oracle Receipt# Oracle CPA# Local Hazardous Waste Management Program Approval: Madelaine Yun Date EHS2851 —City of Kent Z KENT "^ Agenda Item: Consent- 7H TO: City Council DATE: February 5, 2013 SUBJECT: Contract with Olympic Environmental Resources, for Waste Reduction & Recycling Activities - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2013 in an amount not to exceed $93,392.25, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: Olympic Environmental Resources will provide assistance with the implementation of the City of Kent's Waste Reduction and Recycling Programs, including the spring, summer, and fall special recycling and collection events, outreach for business and multi-family waste reduction and recycling programs, rain barrel and compost bin sales, and education to benefit the citizens and businesses of Kent. These grant-funded programs provide a cost savings to Kent's customers. EXHIBITS: Request for Proposal — Olympic Environmental Resources RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None. This Consultant Contract will be funded 100% through the following grants: Department of Ecology Coordinated Prevention Grant, Seattle-King County Health Department Local Hazardous Waste Management Program Grant, and King County Waste Reduction and Recycling Grant. 0*M, C,FM ronmenWResanrces po box 46188 seattle, wa 98146 4715 SW Wallcer Street Seattle WA 98116 206.949.1787 (206)938-8262 Fax(206)938-9873 wilderenvironmental.com pauldeune@msn.com swilder@wilderenvironmental.com November 15, 2012 Ms. Gina Hungerford, Conservation Specialist City of Kent 220 4th Ave South Kent, WA 98032 RE: City of Kent 2013 Recycling Program Request for Proposal Dear Gina: Olympic Environmental Resources (OER) and Wilder Environmental Consulting (WEC) are pleased to submit qualifications to the City of Kent for management and implementation of the City's recycling programs in 2013. OER has a long history working with the City of Kent. WEC and OER successfully partnered for the City for the past two years. Our team has assisted many cities in implementing resource conservation programs and increasing recycling participation in the residential and commercial sectors. Our team has strong knowledge of City specific and regional solid waste and hazardous waste activities and is very familiar with the City's solid waste program including reuse and recycling options available in the Kent area. OER and WEC are committed to being efficient, responsive, cost effective, flexible and professional. We have an extensive history working on resource conservation projects and we have vendors/contacts in place to provide seamless, continuous and immediate management of the City's projects. Our team is prepared to commence work immediately. In responding to the City request, our team proposes to once again work on different parts of the Kent program. OER and WEC have each submitted a proposal specific to each aspect of work. This model has been used successfully by many other Cities in King County. The proposal is presented in two parts: • OER's proposal for Collection and Recycling Events, Compost Bin/Rain Barrel Sale and Grant Administration with qualifications. OER will organize, promote, staff and track results for the three City- wide collection and recycling events, the compost bin/rain barrel sale, the summer business recycling event (if requested), and assist with grant administration. • WEC's proposal for business, multifamily and school outreach materials, Website and recognition program with qualifications. WEC will provide business recycling newsletters, the business tool kit, business recognition and updates for the KentRecycles.com website. Thank you for your consideration of our proposal. Please contact Paul Devine at (206) 938-8262 or email at pauldevine@msn.com or Sam Wilder at (206) 949-1787 or email at swilder@wilderenvironmental.com if you have any questions. We look forward to discussing our proposal with you in greater detail. Sincerely, Paul M. Devine Samantha R. Wilder General Manager, Olympic Environmental Resources President, Wilder Environmental Consulting Enclosures City of Kent 2013 RecyclingProposal Part 1 : Collection and Recycling Events, Compost Bin/Rain BarrelBin/Rai Sale and Grant Administration Prepared by Olympic Environmental Resources Olympic Environmental Resources (OER) specializes in solid waste and recycling services and provides service for many City recycling programs in the Puget Sound area. For many years, OER General Manager Paul Devine has coordinated the Kent spring and fall residential recycling collection events, overseen the City compost bin and rain barrel distribution events, managed the City business recycling event and provided recycling grant administration and reporting. OER has a clear understanding of City of Kent needs, programs and grant administration and reporting functions and has spent years fostering relationships with the City's staff and program subcontractors. These relationships will support seamless management and implementation of Kent programs in 2013. In 2013, OER has the project staff and vendors in place to carry on immediate management and implementation of the following Kent programs: • Two Spring and One Fall Residential Recycling Collection Events • Compost Bin Distribution Event • Rain Barrel Distribution Event • Business Recycling Collection Event (if requested) • Grant Procurement and Project Administration • Other Program Management and Implementation as Needed Residential Recycling Collection Events Since 1993, OER staff has successfully managed forty-one (41) recycling collection events in the City of Kent. Kent residents now expect and rely on these events to dispose of recyclables not collected in the curb-side program. Through 2012, these events have provided recycling options to over 34,200 Kent residents and resulted in the proper recycling of 7,807,751 pounds of material diverted from the Kent waste stream. The types and volume of materials collected at these events have increased steadily over the years. Below is a complete list of materials and total amounts of materials collected in the City of Kent from 1993-2012. Material Collected Totals Total Tons Total Pounds Scrap Metal/Appliances/Electronics -tons 1629.08 1629.08 3,258,160 Wood/Bulky Yard Debris -tons 525 525 1,050,000 Computer Monitors - number 2366 47.32 94,640 TV Sets- number 1955 48.88 97,750 Propane Tanks - number 1470 36.75 73,500 Cardboard —tons 143.57 143.57 287,140 Household Goods -tons 186.53 186.53 373,060 Tires - number 20,339 254.24 508,475 Used Oil - gallons 32,605 120.64 241,277 Used Oil Filters - number 7,988 11.2 22,366 Lead Acid Batteries - number 5,622 101.2 202,392 Antifreeze - gallons 4,240 17 33,920 Household Batteries - number 201,973 10.1 20,197 Toilets and Sinks - number 1,264 47.4 94,800 Concrete -tons 654.98 654.98 1,309,960 Fluorescent Lights - number 1297 0.65 1,297 Shredded Paper -tons 62.7 62.7 125,390 Mattresses- number 330 4.95 9,900 Styrofoam —pounds 2,022 1.01 2,022 Plastics- pounds 1025 0.51 1,025 Car Seats—number 62 0.24 480 Total 3,904 7,807,751 Number of Participants 34,213 OER&WEC Kent Recycling Proposal 2 Printed on recycled content paper,November 15, 2012 i r t b. 1 in �ksYdAa�oinrc5 �d��l�'141���tlili�i�l �I I^;ll)�Illlil����W�IC� �,S�Gi�)��I)� .���lull'v1i���V,�V1,If�9t111�IINUIIIt1111111101111 i r./ d i , Kent Residential Recycling Events Compost Bin and Rain Barrel Distribution Events Compost bins and rain barrels are very popular in Kent and thousands of each has been distributed to Kent residents. OER has overseen coordination and implementation of these events for many years. OER has the event staff and educational staff in place to conduct the 2013 events on schedule and within budget. For many years OER has worked with a variety of compost bin and rain barrel vendors and has the opportunity to purchase in bulk to lower City costs. In addition, OER coordinates grant administration, evaluation and reporting to assure reimbursement of bin and barrel costs. %i y �u rya 4q „p N ljJ w T y a Rain Barrel Compost Bin OER&WEC Kent Recycling Proposal 3 Printed on recycled content paper,November 15, 2012 Grant Administration and Program Reporting OER staff has overseen the management and administration of City of Kent grant-funded programs for many years. In that time, the City has applied for and received approximately thirty-five individual recycling program- related grants. Each grant has unique program goals, timelines and fund matching requirements that require close administration and oversight. In 2013, OER will continue to provide the City with experienced staff to oversee the grants and ensure that full reimbursement is received for all recycling-program activities. With a clear and specific understanding of the grant administration activities and requirements, OER can maximize City grant funds by matching grants where applicable and avoiding overlap of service. Qualifications of Project Staff In responding to the City request our team proposes to work on different parts of the Kent program. OER will organize, promote, staff and track results for the three City-wide collection and recycling events, the compost bin/rain barrel sale, the summer business recycling event (if requested) and assist with grant administration. By working with the City of Kent and other King County cities, many for over twenty years, OER staff has demonstrated the ability to deliver successful recycling services on schedule and within budget. OER services shall include scheduling events, organizing OER project staff, coordinating projects with OER subcontractors and providing project reporting and grant administration. OER staff shall meet with City staff at the City's discretion to ensure proper implementation of project activities. Paul Devine will act as the Project Manager on the Kent Project. Paul is the General Manager of OER and has managed City of Kent Recycling Programs since 1993. Paul has extensive experience in solid waste and recycling in both the public and private sectors. As Suburban City Recycling Coordinator, he designed and implemented a comprehensive Solid Waste Management Plan for the City of Normandy Park. Through his work in the recycling industry he has developed good working relationships with area haulers, local recyclers and state and local government officials. Paul has a clear understanding of the City of Kent programs. He has maintained all grant administration functions for all project work and has the vendors and contacts in place to implement programs without interruption. Paul graduated from Whitman College in 1984 and received a Master's of Public Administration from Seattle University in 1990. Recycling and Bin/Barrel Event Protect Staffing and Management OER shall provide adequately-trained staff for all Kent Recycling Collection Events and Bin/Barrel Distribution Events. OER staff is experienced and familiar with these events and very customer-service oriented. A sufficient number of OER staff shall be present to prevent traffic delays and to address participants' needs and questions. OER will provide each Kent event with the following staff: Project Manager to work with the City of Kent, provide contract management, supervise staff and oversee operations of the entire contract. The Project Manager shall ensure the contract is completed on schedule and within budget. The Project Manager will also work at events as necessary. Paul Devine will act as the Project Manager. Paul has successfully managed Kent Recycling Collection Events for the past seventeen years. Paul is experienced in all aspects of collection event management and has acted in every working capacity at events. Paul's experience in managing Kent recycling programs makes him uniquely qualified to manage Kent Recycling Collection Events. Event Coordinator to supervise staff and oversee operations of the entire event. The Event Coordinator shall ensure that Site Entrance Greeters, Traffic Directors, Exit Staff and Fee Collectors are supervised throughout the day. Tom Sharp, Tim Greenan, Mike Smyth and Jay Brewer will work for OER as Event Coordinators on OER&WEC Kent Recycling Proposal 4 Printed on recycled content paper,November 15, 2012 Kent events. Tom, Tim, Mike and Jay have all worked at Kent events over the past seventeen years on both residential and business events. Tom is a Master Recycle r/Co mposte r and former King County Suburban City Recycling Coordinator for the City of Normandy Park. All Event Coordinators are experienced working with event subcontractors and implementing events. All are experienced and skilled in assisting the event participants and providing information on reducing waste, reusing materials and recycling. Site Entrance Greeters to screen vehicles for proper materials, answer questions about event procedures and direct participants to materials collection stations. Greeters shall distribute educational materials and promotional items as requested by the City. Treloar Nyquist, Spencer Orman, Mike Brawley, and Marilyn Frank have worked with OER for many years. All are experienced at greeting event participants, directing event traffic, providing educational materials, passing out promotional items and tallying the number of participants that attend the events. All are experienced and skilled at making participants feel welcome to events while giving event directions and relaying important safety information Material Collection Staff to offload materials or help with bins/barrels. Mat Vlasak, Jeff Vedvick, Ruben Moreno, Karl Ruediger, Rich Arzberger, and Seth Epperson will work as material collection staff for OER. All are experienced in working events and collecting different recyclable materials and have worked with OER for a number of years. Event Educational Staff at City Bin/Barrel sales. Treloar Nyquist, Tom Sharp, and Marilyn Frank will work as greeters/cashiers staff for OER. Spencer Orman will work as educational staff. Both are experienced in working sales and have worked with OER for a number of years. Spencer is a Master Recycle r/Composter, a former King County Suburban City Recycling Coordinator for the City of Renton, current City of Olympia employee, as well as a well-known local educator on organics recycling. In addition to OER staff, event subcontractors provide staff to collect other materials such as motor oil, batteries, tires, household goods, scrap metal and electronics. Hourly Rates for Event Management and Staff Project Manager $70.00 Recycling Specialist $55.00 Recycling Event Staff $55.00 Recycling-related Projects Completed for Other Agencies Olympic Environmental Resources specialize in solid waste and recycling services, recycling collection event management, environmental education programs and compost bin and rain barrel sale management. In 2012, OER staff implemented forty-one (41) residential recycling collection and storm clean-up events, eight business collection events, and thirteen compost bin and rain barrel sales. OER staff has two decades of recycling collection event and recycling project management experience. OER is ready and able to provide Kent with professional program management, implementation and administration of all aspects of the City of Kent's recycling assistance programs. OER offers unmatched experience and expertise to complete City of Kent recycling project on schedule and within budget. That experience is necessary to manage Kent projects so that they will be implemented without delays or problems and Kent staff can feel comfortable that they will be done right. OER&WEC Kent Recycling Proposal 5 Printed on recycled content paper,November 15, 2012 Recently OER has provided recycling collection event management services for: • City of Algona: Diana Quinn, (253) 833-2897 • City of Bellevue: Tom Spille, (425) 452-6964 • City of Black Diamond: Aaron Nix, (253) 631-0361 • City of Covington: Shellie Bates, (253) 638-1110, ext. 2238 • City of Des Moines: Laura Techico, (206) 870-6696 • City of Enumclaw: Vickie Forler, (360) 825-3693 • City of Kenmore: Jennifer Gordon, (425) 398-8900 • City of Kent: Gina Hungerford, (253) 866-6649 • City of Kirkland: John MacGillivray, (425) 687-3804 • City of Mercer Island: Glenn Boettcher, (206) 276-7802 • City of Maple Valley: Diana Pistol, (425) 413-8800 • City of Newcastle: Brian Smith, (425) 649-4444, ext. 136 • City of Normandy Park/Burien: Janise Goucher, (206) 248-7603 • City of Pacific: Jim Schunke, (253) 929-1116 • City of Sammamish: Mike Sauerwein, (425) 296-0610 • City of Tukwila: Nick Olivas, (206) 675-4407 • City of Woodinville: Amy Ensminger, (425) 489-2700, ext 2240 • King County Solid Waste Division: Karen May, (206) 296-4363 • Snoqualmie Tribe: Cindy Spiry, (425) 292-0249, Ext 3 • Town of Skykomish: Deborah Allegri, (360) 677-2388 Client References Mr. Thomas Spille Solid Waste Program Administrator Utilities Department City of Bellevue PO Box 90012 Bellevue, WA 98009-9012 (425) 452-6964 tspille@bellevuewa.gov Ms. Diana Pistoll Programs Coordinator City of Maple Valley PO Box 320 Maple Valley, WA 98038 (425) 413-8800 Diana.pistoll@ci.maple-valley.wa.us Ms. Vicki Forler Public Works Department City of Enumclaw 2041 Railroad Street Enumclaw, WA 98022 (360) 825-3252 vickieforler@ci.enumclaw.wa.us OER&WEC Kent Recycling Proposal 6 Printed on recycled content paper,November 15, 2012 City of Kent 2013 RecyclingProposal PartBusiness Outreach Materials Newsletters, Business Tool Kit, Business Recognition, KentRecycles.com /�(Ii,glu itll wmd �e(iA, {tl � i 9 ; ,m„ .,.. Prepared by Wilder Environmental Consulting OER and WEC propose to work on different parts of the Kent recycling program - as we did in 2011 and 2012. WEC will work on business and multifamily outreach components including newsletters, resource conservation tool kits, business recognition (Green Business of the Year award), multifamily and updates to the KentRecycles.com website. Wilder Environmental Consulting (WEC) is a woman-owned Seattle based environmental consulting firm in operation since 2002. WEC specializes in public outreach and program implementation for resource conservation, recycling, organics recovery and sustainability. The City and Kent businesses will be well-served by our experience working for other City business and residential recycling assistance programs, such as Burien, Bellevue, Federal Way, Issaquah and Tukwila. WEC's familiarity with local recycling contracts, technical knowledge regarding recycling and resource conservation, experience working with haulers and comfort in conducting outreach allow for providing a comprehensive combination of technical solutions and effective outreach to Kent's commercial and residential sectors. During the past ten years WEC has developed efficient and effective techniques in responding to business and residential needs in a way that offers the City of Kent excellent value. Project Approach The outreach program for Kent that is outlined in the RFP has several components: Newsletters for the business community, a business recycling tool kit, business recognition program and updates to the KentRecycles.com website. The following pages outline the contractor's recommended approach. Business Newsletters The contractor developed articles for Kent newsletters in 2011 and 2012. WEC has also developed business recycling newsletters for the City of Tukwila, the City of Burien and the City of Kirkland. Past newsletters have included articles on programs available to assist businesses with conserving resources, web resources, recognition programs, what's recyclable, how to reduce waste, how to compost, where to recycle unusual items and hot topics. Included in this proposal are samples of past newsletters. WEC has developed informational postcards for businesses. In 2011 and 2012, these were used in the City of Kent. These have also been used in Redmond, Burien, Federal Way, Tukwila and Kirkland and have gotten a great response. Included in this proposal are samples of these postcards. Business Recycling Tool Kit The contractor assisted the City of Kent in creating the current City of Kent Business Recycling Tool Kit (BRK). WEC has also created BRK's for the City of Burien, City of Federal Way, City of Kirkland, Kitsap County and City of Tukwila. Contents of this kit have included a combination of materials including the Business Resource Guide a GBOY application, takitbacknetwork.org brochures and recyclables stickers to place on recycling containers. The contractor proposes continuing work with the City to evaluate current materials and to determine if additional handouts or tools should be developed to help promote business recycling/resource OER&WEC Kent Recycling Proposal 7 Printed on recycled content paper,November 15, 2012 conservation participation. In other Cities, a combination of the following items has been used (depending on the City and depending on the target sector): • waste prevention checklist, or recycling percentage calculation worksheet • recognition program application • city specific business recycling option guide • recycling bin stickers • recycling containers (if budget allows) • flyers on computer recycling and printer cartridge recycling and continued promotion for Washington e-cycles program • information on non-computer electronics recycling, including 'Take it Back" Network information • buy recycled guide • fluorescent bulb and CFL recycling brochures • materials exchange information (IMEX) • hazardous materials information (King County) • composting information • King County recycling database links and additional local resources Business, School and Multifamily Assistance WEC worked with Kent businesses and schools for the past two years to evaluate current recycling and waste reduction practices and to make improvements. Businesses assisted received onsite assistance, a business recycling tool kit and follow up. Schools assisted received containers, signs, handouts for students and teachers and onsite assistance. Results from school cafeteria recycling were very successful. For example, at Meridian Middle school results included: reduction of garbage by 24 bags per day, which is the same as 758 cubic yards per year! This is a reduction by 70%. Multifamily property assistance was a main focus in 2012. During 2012, the contractor met onsite with property managers, assisted with increasing or adding recycling service and distributed multifamily bags to 750 units. The contractor also developed a handout to include in each bag with instructions and resource information for hard to recycle items. We recommend continuing to offer this type of in-depth assistance that can dovetail with other local programs. Included in this proposal are samples of materials that were developed in 2011 and 2012 to help schools, businesses and multifamily properties add recycling and to reduce waste. r OER&WEC Kent Recycling Proposal 8 Printed on recycled content paper,November 15, 2012 Business Recognition Program WEC worked with the City of Kent to continue their successful Green Business of the Year Recognition program. In 2012 Applus was chosen as the winner. Applus was selected due to their recycling and composting participation and high priority for purchasing recycled content products. They also participate in a variety of strong waste reduction activities. In 2013, Torklift Central was chosen as a winner. They were chosen due to their high recycling rate of over 75%. WEC has also worked with the City of Bellevue, City of Issaquah, City of Tukwila, City of Kirkland and City of Federal Way to create and implement business or school recognition programs. Award packages for other Cities have included an application, recognition certificates and an award to a top business or school each year. The City of Tukwila's program has been in existence the longest. This program presents annual awards to a chosen business each year at a Tukwila City Council meeting. µ II I �M WEC recommends broadening this program to include multiple categories such as small businesses, schools and/or apartment or condo complexes. We have already collaborated with the City to develop these ideas to consider for 2013. Kentrecycles.com Website Updates The contractor worked with the City of Kent to update their kentrecycles.com website in 2011 and 2012. WEC has worked closely with other Cities to develop content, format and provide graphics for the City recycling website section. This has always been tailored to help businesses find local recycling options. The contractor would continue to work with the City to evaluate the existing site, compare to other sites and make updates. Client References • Mary Joe deBeck, City of Issaquah- Resource Conservation Office, 425-837-3417, maryjoed@ci.issaquah.wa.us, 1775 12`h Ave. NW, Issaquah, WA 98027 • Jennifer Goodhart, City of Bellevue _Conservation and Outreach Program Administrator, 425-702-3200, joodhart@bellevuewa.gov, 450 110th Ave. NE., Bellevue, WA 98009 • Elaine Borieson, City of Bellevue - Conservation and Outreach Program Administrator, and formerly for City of Kirkland, 425-452-7103, eborjeson@bellevuewa.gov, 450 110th Ave. NE., Bellevue, WA 98009 • Stacey Auer, City of Redmond- Recycling Program Administrator 425-556-2832, slauer@redmond.gov, PO Box 97010 Redmond, WA 98073 OER&WEC Kent Recycling Proposal 9 Printed on recycled content paper,November 15, 2012 Qualifications of Project Staff I Name: Sam Wilder, President, Wilder Environmental Consulting Hourly Rate: $78.50/hour • Qualifications: For the past fifteen years, Ms Wilder has been in the waste reduction/recycling/composting and resource conservation field. She has been involved with projects at all levels from project management, education and outreach and program implementation. She has worked with residents, businesses, property managers and schools to evaluate their waste producing activities and to develop waste reduction/recycling/organics solutions. She effectively tailors outreach for different sectors and provides an approach to problem solving that minimizes time required by businesses or schools while maximizing their benefits with increased recycling and waste reduction. Ms. Wilder believes in not "reinventing the wheel" for City outreach, but rather utilizing strong partnerships to build on work done by local jurisdictions and to customize materials to fit the client's needs. This approach gets the most out of City budgets. Ms. Wilder's public outreach experience includes creating and distributing materials (promotional and educational), conducting on-site waste evaluations and presentations. She has given over 1,000 presentations to school classes, school assemblies, neighborhood associations, conferences and businesses and conducted outreach to 1,200+ businesses. Ms. Wilder has a Bachelor of Science Degree in Environmental Resource Management from Penn State University. She has completed both the introductory and advanced community based social marketing training sessions from Doug McKenzie-Mohr. She is certified as a Building Analyst Professional by the Building Performance Institute. She has achieved Level 1 and Level 2 Building Operator Certification through the Northwest Energy Efficiency Council. She has completed 2 semesters of 20 hour/week training in commercial energy auditing. OER&WEC Kent Recycling Proposal 10 Printed on recycled content paper,November 15, 2012 ms samantha r wilder, president wildIRI'� po box 46188, seattle wa 98146 206-949-1787 •'� +� dl � swilder@wilderenvironmental.com www.wilderenvironmentaL c om STATEMENT OF QUALIFICATIONS / RELATED EXPERIENCE Business Waste Reduction and Recycling Assistance Program, City of Kent • Worked with City to update outreach materials including the website and the business toolkit items. • Wrote newsletter articles for City's waste reduction and recycling newsletter. • Developed and mailed outreach postcard for all businesses. • Assisted with GBOY program by conducting onsite evaluations of all applicants, working with OER to determine a recommendation and submitting the recommendation to the City. Coordinated creation of glass award and press release materials. • Developed a School Assistance program for City of Kent schools to start cafeteria recycling. Assistance included working closely with the school district to meet with City schools, develop a list of recommendations, plot out a roll out plan, implement a new program and follow up with schools. Supplementary materials were developed which included: Kent Schools Guide to Cafeteria Recycling, signage for cafeteria and classroom recycling containers (specific to the District's recycler), Conservation Promotion guide, morning announcements, newsletter articles and staff emails. Part of this year's contract included procurement of 42 large recycling containers and lids for distribution to schools to implement cafeteria recycling. • Promoted multifamily recycling and assisted 16 properties. Distributed bags to 752 units for collecting recyclables. Recycling and Organics Assistance, City of Issaquah • Worked with City on in-house recycling and organics campaign. • Worked with Schools in Issaquah School District to boost recycling and add food composting to cafeteria. Worked with approximately 10 schools. • Created the "Zero Waste Cafeteria Challenge"to recognize strong elementary school recyclers. • Recognized Issaquah Valley Elementary for reducing lunch waste to 5 gallons per day through aggressive waste reduction and recycling. Recognition included an award and a visit by the City's Mayor to present it. • Developed materials for schools including signage, newsletter articles for outreach. • Worked with area businesses on resource conservation, recycling and composting. • Assisted with introducing and continuing organics collection at Issaquah Salmon Days festival in 2008, 2009 and 2010. Recruited and trained volunteers to provide education onsite, assisted with logistics of collection, conducted vendor education and recognition, helped gather results and developed signage. In 2010, achieved a 60% recycling rate. Redmond Organics Collection Program, City of Redmond • Recruited over 130 businesses to participate in the commercial organics recycling program. Ten businesses were schools which implemented cafeteria-wide collection programs. Also added Redmond Town Center restaurants to the program. • Worked with Microsoft campus to start food collection and to assist in phasing out Styrofoam. • Responsible for all aspects of the program including outreach, educational material development, staff training, collection system implementation, coordination with Waste Management, Waste Management driver training, Waste Management call center training and route review"ride alongs." OER&WEC Kent Recycling Proposal 11 Printed on recycled content paper,November 15, 2012 Commercial Recycling Outreach Program, City of Burien • Operated hotline during hauler transition. • Worked with multifamily properties with low recycling rates to increase participation. • Developed outreach materials for businesses including: newsletter articles for City newsletter, web page for City, newsletter for businesses, stickers for recycling bins, printer cartridge recycling guide and recycler guide. "Packaged" these items in a Business Recycling Kit. • Started the City of Burien Recycling Recognition Program. • Conducted outreach to approximately 300 businesses conducting waste assessments, presentations, providing recycling containers and business recycling kits. Distributed approximately 600 recycling containers to assist in boosting recycling. Federal Way Recycling Education, City of Federal Way • Since 2003, conducted outreach to approximately 400 Federal Way businesses, property managers and schools (36 schools) to promote resource conservation. • Worked closely with Federal Way Commons to add commingled recycling. Conducted outreach to all tenants and coordinated new hauler for collection. • Developed the Federal Way Business Recycling Kit to distribute to businesses during onsite assistance. Developed other materials including the Business Recycler of the Year application, the Federal Way Business Recycling Guide and other handouts and postcards. • Assisted businesses in setting up recycling programs. Distributed over 1,500 recycling containers and stickers to assist with setting up successful interior recycling programs. Bellevue Commercial Recycling Outreach, City of Bellevue • Since 2002, conducted outreach to Bellevue businesses, schools and property managers to promote resource conservation. • Assisted businesses in setting up recycling programs and getting staff on board. • Implemented recycling programs for Bellevue Square Mall, Lincoln Square Mall and Factoria Mall. Canvassed mall tenants and coordinated education efforts and communication between recycler, mall management and mall tenants. • Coordinated and attended meetings with Property Managers to improve their conservation programs. • Made presentations to businesses regarding resource conservation. Kirkland Commercial Recycling and Organics Outreach Program, City of Kirkland • Conducted outreach to Kirkland businesses, schools and property managers to promote resource conservation. • Worked with multifamily properties with low recycling rates to increase participation. • Assisted businesses in setting up recycling programs and getting staff on board. • Made presentations to businesses regarding resource conservation. • Worked with approximately 200 businesses per year and distributed over 3500 recycling containers to businesses to help set up internal collection programs. • Recruited almost 200 businesses to participate in the commercial organics recycling program- including schools, hospitals, restaurants, day care centers, fire stations and a technical college. • Responsible for all aspects of the program including outreach, educational material development (including newsletters, postcards and handouts), staff training for food recycling, collection system implementation, coordination with Waste Management, Waste Management driver training, Waste Management call center training and route review"ride alongs." OER&WEC Kent Recycling Proposal 12 Printed on recycled content paper,November 15, 2012 City of Tukwila Business Resource Conservation Program, City of Tukwila • Conducted outreach to businesses, property managers and schools. • Developed promotional postcards, signs, business cards and flyers to promote the program. Coordinated and wrote a bi-annual newsletter for Tukwila businesses. Created business recycling stickers and the Tukwila Green Works program, which includes recognizing a Business Recycler of the Year each year. Created resource conservation posters and handouts. • Created the Tukwila Business Recycling Kit and distributed during onsite assistance visits. • Distributed materials to and/or met with over 600 businesses, offering resource conservation technical assistance. • Evaluated business practices on-site and assisted businesses with implementing changes. • Conducted outreach to property managers of large commercial properties to encourage environmental improvements. • Developed and presented promotional events (including onsite booths) to encourage employee participation in waste reduction and recycling. • Created new City of Tukwila Business Recycling Website • Implemented a recycling program for Southcenter Mall. Canvassed mall tenants and coordinated education efforts and communication between recycler, mall management, logistics company and mall tenants. Business and Multifamily Outreach Program, Earth Smart Fair City of Lake Forest Park • Coordinated and managed 2008 Earth Smart Fair including recruiting vendors, advertising and setting up event • Conducted business recycling outreach • Conducted multi-family recycling outreach • Developed business recycling outreach materials and a business recycling kit. A complete Statement of Qualificaitons is available per request. This listing provides projects that are relevant to the Kent Recycling RFP. EDUCATION Pennsylvania State University University Park, PA 1996 • Bachelor of Science Degree in Environmental Resource Management, Minor in Education. • Has completed both the introductory and advanced community based social marketing training sessions from Doug McKenzie-Mohr. • Has completed training to become a Building Performance/Home Energy Auditor through home energy auditing course (130 hours) , Certified by the Building Performance Institute, Building Analyst Professional Certification, 2009 • Has completed training in commercial energy auditing through course (240 hours), 2012 • Certified Building Operator, Level 1 from the Northwest Energy Efficiency Council, 2009 • Certified Building Operator, Level 2 from the Northwest Energy Efficiency Council, 2012 • Member of the Washington State Recycling Association OER&WEC Kent Recycling Proposal 13 Printed on recycled content paper,November 15, 2012 PRESENTATIONS Washington State Recycling Association, 2011 Conference • Communication and Outreach strategies for local governments to work with residents, businesses and schools Complete Office Green Buying Convention, June 2010 • Recycled products, energy conservation tools and water conservation tools presentation for businesses Washington State Recycling Association, 2008 Conference • Commercial recycling and school outreach strategies presentation Washington State Recycling Association, 2006 Conference • Presented on Bite of Seattle and Bumbershoot compost collection and food recycling for City of Seattle Biocycle West Coast Conference, 2006 • Commercial compost recruitment and festival recycling Washington State Recycling Association, 2005 Conference • Presented on rural recycling and social marketing to share results of project in Island County EPA's Wastewise, 2005 • Presented 10 Steps for Success" on starting or improving an office recycling program Seattle and King County BOMA Workshop, 2004 • Presented at "Make Recycling Work for You" on successful tenant recycling for property managers Washington State Recycling Association, 2004 Conference • Presented at "Rural Recycling" session to share implementation steps and results of the Island County social marketing program Washington State Recycling Association, 2003 Conference • Presented at "Educate, Activate and Motivate" session on mall and business recycling For more information on publications, please refer to wilderenvironmental.com OER&WEC Kent Recycling Proposal 14 Printed on recycled content paper,November 15, 2012 City of Kent 2013 Recycling Proposal: Work Samples Samples are posted online temporarily for download at http://www.wilderenvironmental.com/kentsampies Olympic Environmental Resources • Kent Recycling Collection Event Flyers: spring, summer, fall and business (OER managed these projects) Wilder Environmental Consulting • City of Burien Business Recycling Postcard (responsible for production, design and content) • City of Federal Way Business Recycling Guide (responsible for production, design and content) • City of Kent Recycling Outreach Postcard (responsible for production, design and content) • City of Kent School Cafeteria Recycling Guide (responsible for production, design and content) • City of Kent Conservation Promotion Guide for Schools (responsible for production, design and content) • City of Kent School Recycling Signs/Guides (responsible for production, design and content) • City of Kirkland Business Recycling Guide (responsible for production, design and content) • City of Kirkland Business Recycling Newsletter (responsible for content) • City of Redmond Composting Outreach Postcard (responsible for production, design and content) • City of Tukwila Business Recycling Newsletter (responsible for design and content) • City of Tukwila Business Recycling Sticker (responsible for design and content) • City of Tukwila Business Recycler of the Year Handout (responsible for production, design and content) • City of Tukwila Environmental Preferable Purchasing Handout (responsible for production, design and content) OER&WEC Kent Recycling Proposal 15 Printed on recycled content paper,November 15, 2012 a ry 0 d a o� 0 4 - � o w C U r G GC V y a d w c 0. e 9 m 9 9 3 E G ry 2 c GY a m 00 ° ° e G n a G E � m m U C a d 3 c _ _ - — � n >• � a `e ' '> - x v _ S C_ u C � 'J w W �F. G .. N e es � u Y n i 'u' G � o ¢ S i � � u a .m. y :� � 'm• N u ' .s. _ T C v F Z KENT "^ Agenda Item: Consent — 7I TO: City Council DATE: February 5, 2013 SUBJECT: Contract with AMEC, 64th Avenue South Channel Improvements - Authorize MOTION: Authorize the Mayor to sign a consultant services contract with AMEC in an amount not to exceed $19,096.15 to provide geotechnical engineering services for the 64th Avenue South Channel Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Next summer, the Public Works Department will be installing two box culverts within the 64th Avenue South drainage channel. This is phase II of the project, which will help reduce flooding by increasing flow capacity and improving storm water conveyance along 64th Avenue South from South 228th Street to the Green River Natural Resources Area. The culverts are located underneath a Union Pacific Railroad spur track that crosses the 64th Avenue South channel. The design and construction of the new culvert foundation must meet federal railroad standards. As this is specialized engineering work, AMEC consultants will be preparing the geotechnical engineering designs and providing construction support for the culvert foundation. EXHIBITS: Scope of Services — AMEC RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This project will be paid for from the storm drainage fund, with no unbudgeted fiscal impacts. , ame January 9, 2013 AMEC Project 3-917-17292-B City of Kent Public Works Engineering 220 Fourth Avenue South Kent, Washington 98032 Attention: Mr. Alex Murillo, P.E. Subject: Proposal for 2013 Design and Construction Support Services 64th Avenue South Channel Improvements Final Design and Specifications for Aggregate Piers at the UPR Spur Track Kent, Washington Dear Alex: At your request, AMEC is pleased to submit this scope and budget estimate to provide geotechnical services during final design and construction, for the above-referenced project. The contents of this proposal are based on correspondence with you regarding the project, and our experience on similar projects. Based on discussions with you, the scope of services is to provide stamped final designs and specifications for the compacted aggregate piers on the 64th Ave S Culvert Replacement project at the UPRR Spur track, to provide support during bidding and submittal review, and to provide construction support services. These are described as follows: TASK 1 — FINAL DESIGN Provide Design for Aggregate Piers: While a general design concept was provided, you have requested AMEC prepare a final design for the aggregate piers. AMEC will perform an analysis of aggregate pier dimensions and spacing to support loading at the UPRR crossing, which satisfies the criteria for bearing capacity and settlement tolerances. This analysis will be performed based on the available subsurface information, using the design software provided to us by Geopier. A layout for the aggregate piers and typical details will be provided to the City of Kent (City). We understand the City will prepare the construction drawings. A registered professional engineer from AMEC will stamp and sign the plan sheet(s) pertaining to the aggregate pier design. AMEC will also prepare a AMEC Environment&Infrastructure, Inc. 11810 North Creek Parkway N Bothell,Washington 98011 (425)368-1000 Phone (425)368-1001 Facsimile www.amec.com P:\nz9z-B_s4th Ave s_uPPP final Design and C MwMec Proposal rorsoNices_l 9_2013door , ame technical specification for aggregate piers to accompany the plans. A cost estimate will be provided for the aggregate piers, based on the quantities and our experience on previous projects. TASK 2 — BID SUPPORT Provide Support During Bidding: This includes responding to questions from bidders regarding aggregate piers. AMEC will also respond to any other soils-related issues as required. Review Aggregate Pier Submittals and Respond to RFI's: The means and methods for construction of aggregate piers at this site will likely vary between contractors. A work plan describing equipment, means and methods for aggregate pier construction will be required. Each contractor will also need to acknowledge that their equipment, means and methods achieve the intended loading and tolerable settlement criteria. Contractors will be allowed to submit less conservative alternative designs if they can demonstrate that the criteria have been satisfied. AMEC will review these submittals on behalf of the City, and respond to RFI's as requested. Review Other Submittals and Respond to RFI's: AMEC will also be available to respond to other earthwork-related RFI's, and to review geotechnical aspects of other submittals. TASK 3 - CONSTRUCTION MONITORING Provide Construction Monitoring: AMEC will provide geotechnical inspection services during aggregate pier installation and during subgrade preparation for other portions of the culvert replacement. We have assumed 6 full-day visits would be required during aggregate pier installation. We have assumed AMEC would need to be present on a part-time basis for up to two separate site visits, to evaluate the subgrade conditions along other portions of the culvert crossing, prior to placement of a granular fill bearing pad. Density testing services are not included but can be provided at your request. SCHEDULE AMEC design and specifications will be completed by February 28, 2013. We anticipate this task will require about 3 weeks. COST ESTIMATE AMEC services will be performed on a time-and-expenses basis, using a cost plus fixed fee form of contract. Our fee estimate for additional services is presented as Exhibit A, attached. The actual distribution of labor hours per category may vary from the estimate. AMEC Environment& Infrastructure, Inc. Project No. 3-917-17292-B 2 P:\17292-B_64th Ave S_UPRR final Design and CM\AMEC Proposal for services_1 9_2013.docx , ame CLOSURE We appreciate the opportunity to submit this proposal, and we look forward to working with you on this project. We understand this scope of work and exhibits would be incorporated into a City of Kent consultant agreement. Please understand that the authorizing organization assumes ultimate responsibility for payment of our services. If you have any questions or need additional information, please do not hesitate to call. Sincerely, AMEC Environment& Infrastructure, Inc. James S. Dransfield, P.E. Principal Geotechnical Engineer Reviewed by: Stephen A. Siebert, P.E. Associate Enclosure: Exhibit A —Summary of Costs (4 pages) AMEC Environment& Infrastructure, Inc. Project No. 3-917-17292-B 3 P:\17292-B_64th Ave S_UPRR final Design and CM\AMEC Proposal for services_1 9_2013.docx ame& EXHIBIT A - SUMMARY OF COSTS (PAGE 1 OF 4) 64th Avenue South Channel Improvements 2013 Design and Construction Support Services Kent, Washington TASK 1 - DESIGN DIRECT SALARY COST(DSC): Task Classification (AMEC Class Code) Hours x Hourly Rate = Cost Task Total Principal (618 to 624) 6 $69.95 $419.70 Associate (617) 9 $49.92 $449.28 Senior Project Engineer(616) 38 $41.62 $1,581.56 Senior Project Geologist(615) 0 $41.89 $0.00 Project Engineer/Geologist(614) 0 $38.03 $0.00 Senior Staff Engineer/Geologist(613) 0 $32.10 $0.00 Staff Engineer/Geologist(611 to 612) 0 $31.37 $0.00 CAD Drafting (516) 6 $30.29 $181.74 Word Processing (806) 2 $19.38 $38.76 Clerical (805 to 807) 4 $23.39 $93.56 TOTAL DSC 65 $2,764.60 OVERHEAD COST(OH COST-including salary additives): OH Rate of 1.4983 x DSC 1.4983 x $2,764.60 = $4,142.20 DSC+OH $6,906.80 FIXED FEE(FF): FF Rate of 0.10 x(DSC+OH) 0.1 x $6,906.80 = $690.68 REIMBURSABLES: Field Expenses (mileage, equipment, etc.) $38.60 TOTAL REIMBURSABLES = $38.60 SUBTOTAL TASK 1 $7,636.08 ame& EXHIBIT A - SUMMARY OF COSTS (PAGE 2OF 4) 64th Avenue South Channel Improvements 2013 Design and Construction Support Services Kent, Washington TASK 2 - BID SUPPORT DIRECT SALARY COST(DSC): Task Classification (AMEC Class Code) Hours x Hourly Rate = Cost Task Total Principal (618 to 624) 4 $69.95 $279.80 Associate (617) 4 $49.92 $199.68 Senior Project Engineer(616) 10 $41.62 $416.20 Senior Project Geologist(615) 0 $41.89 $0.00 Project Engineer/Geologist(614) 0 $38.03 $0.00 Senior Staff Engineer/Geologist(613) 0 $32.10 $0.00 Staff Engineer/Geologist(611 to 612) 0 $31.37 $0.00 CAD Drafting (516) 0 $30.29 $0.00 Word Processing (806) 0 $19.38 $0.00 Clerical (805 to 807) 0 $23.39 $0.00 TOTAL DSC 18 $895.68 OVERHEAD COST(OH COST-including salary additives): OH Rate of 1.4983 x DSC 1.4983 x $895.68 = $1,342.00 DSC+OH $2,237.68 FIXED FEE(FF): FF Rate of 0.10 x(DSC+OH) 0.1 x $2,237.68 = $223.77 REIMBURSABLES: Field Expenses (mileage, equipment, etc.) $38.60 TOTAL REIMBURSABLES = $38.60 SUBTOTAL TASK 2 $2,500.05 ame& EXHIBIT A - SUMMARY OF COSTS (PAGE 3OF 4) 64th Avenue South Channel Improvements 2013 Design and Construction Support Services Kent, Washington TASK 3 - CONSTRUCTION MONITORING DIRECT SALARY COST(DSC): Task Classification (AMEC Class Code) Hours x Hourly Rate = Cost Task Total Principal (618 to 624) 0 $69.95 $0.00 Associate (617) 6 $49.92 $299.52 Senior Project Engineer(616) 0 $41.62 $0.00 Senior Project Geologist(615) 68 $41.89 $2,848.52 Project Engineer/Geologist(614) 0 $38.03 $0.00 Senior Staff Engineer/Geologist(613) 0 $32.10 $0.00 Staff Engineer/Geologist(611 to 612) 0 $31.37 $0.00 CAD Drafting (516) 0 $30.29 $0.00 Word Processing (806) 0 $19.38 $0.00 Clerical (805 to 807) 0 $23.39 $0.00 TOTAL DSC 74 $3,148.04 OVERHEAD COST(OH COST-including salary additives): OH Rate of 1.4983 x DSC 1.4983 x $3,148.04 = $4,716.71 DSC+OH $7,864.75 FIXED FEE(FF): FF Rate of 0.10 x(DSC+OH) 0.1 x $7,864.75 = $786.47 REIMBURSABLES: Field Expenses (mileage, equipment, etc.) $308.80 TOTAL REIMBURSABLES = $308.80 SUBTOTAL TASK 3 $8,960.02 ame& EXHIBIT A - SUMMARY OF COSTS (PAGE 4OF 4) 64th Avenue South Channel Improvements 2013 Design and Construction Support Services Kent, Washington TOTAL TASKS 1 , 2 AND 3 DIRECT SALARY COST(DSC): Task Classification (AMEC Class Code) Hours x Hourly Rate = Cost Task Total Principal (618 to 624) 10 $69.95 $699.50 Associate (617) 19 $49.92 $948.48 Senior Project Engineer(616) 48 $41.62 $1,997.76 Senior Project Geologist(615) 68 $41.89 $2,848.52 Project Engineer/Geologist(614) 0 $38.03 $0.00 Senior Staff Engineer/Geologist(613) 0 $32.10 $0.00 Staff Engineer/Geologist(611 to 612) 0 $31.37 $0.00 CAD Drafting (516) 6 $30.29 $181.74 Word Processing (806) 2 $19.38 $38.76 Clerical (805 to 807) 4 $23.39 $93.56 TOTAL DSC 157 $6,808.32 OVERHEAD COST(OH COST-including salary additives): OH Rate of 1.4983 x DSC 1.4983 x $6,808.32 = $10,200.91 DSC+OH $17,009.23 FIXED FEE(FF): FF Rate of 0.10 x(DSC+OH) 0.1 x $17,009.23 = $1,700.92 REIMBURSABLES: Field Expenses (mileage, equipment, etc.) $386.00 TOTAL REIMBURSABLES = $386.00 TOTAL TASKS 1, 2 AND 3 $19,096.15 Z KENT WA,,,�,,,� Agenda Item: Consent - 73 TO: City Council DATE: February 5, 2013 SUBJECT: Contract with GEI, Briscoe/Desimone Levee - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Contract with GEI Consultants Inc. in an amount not to exceed $736,544 to provide structural and geotechnical engineering services for final design of the Briscoe/Desimone Levee Project, subject to • approval by the King County Flood Control District of the City's sheet pile wall proposal, • approval and release of $7 million grant funds from the District to the City of Kent, • obtaining an acceptable agreement with the City of Tukwila for work within Tukwila, and • final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Briscoe/Desimone Levee is located along the Green River near the north city limits. This levee is partially located within the city limits of Tukwila and provides flood protection for the Cities of Kent, Tukwila and Renton. In 2011, the City, in conjunction with the King County Flood Control District, was successful in obtaining a $7 million grant from the Washington State Legislature to fund reconstruction of the Briscoe/Desimone Levee. The City is continuing to pursue accreditation of the Briscoe/Desimone Levee from the Federal Emergency Management Agency (FEMA). As part of this accreditation effort, the City prepared a Conditional Letter of Map Revision (CLOMR) which identified 4 areas of the levee that do not meet current FEMA standards. These areas will be repaired utilizing sheet piles to construct a secondary floodwall. Under this consultant services agreement GEI will provide final engineering design for sheet pile walls and will prepare plans and specifications for the construction. The contract will only be executed if the flood wall option is chosen as the preferred flood protection method versus a setback levee. We expect the Flood Control District will make a decision on this in the spring. EXHIBITS: Scope of Services — AMEC RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This contract will be funded out of the $7 million grant. Expenses that cannot be reimbursed through the state grant will be charged to the City's Storm Drainage Utility. November 29, 2012 EConauhams Mr. Ken Langholz City of Kent Public Works Department 220 Fourth Avenue South Kent, WA 98032 Re: Proposal for Engineering Services Briscoe-Desimone Levee Setback Floodwall Design City of Kent,Washington Dear Mr. Langholz: We are pleased to submit this proposal to provide engineering services for the Briscoe- Desimone Setback Floodwall Design Project on the right bank Green River levee between the South 180t' Street bridge (downstream end at River Mile 14.3) and the South 200 th Street bridge (upstream end at River Mile 17.0). Our proposed scope of work is based on our conversations and correspondence with you in October and November 2012. PROJECT UNDERSTANDING The City of Kent(City)has initiated an engineering evaluation and certification process for the levees along the right bank of the Green River, with the overall objective of obtaining Federal Emergency Management Agency (FEMA) accreditation of the levee in its Flood Insurance Rate Maps (FIRMS)for the area. The City has divided the levees along the right bank into six levee reaches, and accreditation packages have already been prepared and submitted to FEMA. The Briscoe-Desimone Levee has a length of approximately 2.7 miles, of which about 1.2 miles are within the City of Tukwila and 1.5 miles are within the City of Kent. The levee has never been accredited by FEMA. The levee protects land uses mainly consisting of large-scale industrial and commercial properties. A FEMA accreditation package for the Briscoe-Desimone Levee was prepared by GeoEngineers Inc. of Tacoma, WA. Because of the high asset value and critical nature of the facilities protected by this levee,the City retained GEI to prepare an independent evaluation and stand-alone FEMA Accreditation report. Both GeoEngineers and GEI identified four reaches of the levee that should be modified to meet the minimum freeboard requirement and stability factor of safety under rapid drawdown conditions. The reaches are identified as follows: w .geiconsultants.com GEI Consultants,Inc. 180 Grand Avenue,Suite 1410,Oakland,California 94612 510.350.2900 fax 510.350.2901 Mr. Ken Langholz November 29, 2012 • Reach 1 (Sta. 764+25 to Sta. 772+50) • Reach 2 (Sta. 815+50 to Sta. 822+00) • Reach 3 (Sta. 844+00 to Sta. 864+00) • Reach 4 (Sta. 895+00 to Sta. 897+00) Both reports recommended that levee modifications for these reaches involve installing a setback sheetpile wall along the landward toe of the existing levee. The space between the sheet pile wall and the existing embankment would be filled, and the Green River pedestrian and bike trail would be relocated on top of the fill. This approach does not address instability along the existing riverbank. Rather, it is designed to hold back the flood even after a considerable amount of soil is lost riverward of the wall due to sloughing. After significant sloughs, the riverbank would still need to be repaired to prevent future additional sloughing and instability. This approach is consistent with regional objectives of minimizing environmental impacts on the Green River and maintaining the pedestrian and bike trail as a key recreational amenity and access route. The goal of this project is to advance the preliminary design presented in GEI's draft FEMA Accreditation Report and to prepare final construction documents for the setback sheetpile walls. SCOPE OF WORK Based on our understanding of the project objectives, we have structured the proposed scope of work into the following tasks: 1. Site Visit and Kickoff Meeting 2. Review of Existing Information 3. Supplemental Subsurface Explorations 4. Geotechnical Evaluations 5. Groundwater Evaluations 6. Corrosion Evaluation 7. Floodwall Structural Analyses 8. Floodwall-Levee Transition Zones 9. Ramps and Stairways Design 10. Design Memorandum 11. Floodwall Drawings 12. Specifications 13. Project Management and Coordination The task scope, deliverables, and major assumptions are summarized below. 1. Site Visit and Kickoff Meeting— We propose to perform a two-day site visit to observe the existing conditions along the proposed floodwall alignment and to attend a project kickoff 2 Mr. Ken Langholz November 29, 2012 meeting with the City. The purpose of our site visit and meeting with the City includes the following activities: • Identify buildings or other structures that may be impacted by sheet pile installation vibrations. • Identify overhead utilities or other structures along the proposed sheet pile alignment that could interfere with sheet pile installation or other aspects of floodwall construction. • Identify vegetation and landscaping features that could complicate floodwall installation or other construction activities. • Review proposed vehicle access ramp, pedestrian access ramp, and stairway locations to identify potential design or construction constraints. • Review planned locations for transition zones between levee embankment and floodwall sections to identify possible design or construction constraints. • Review and identify locations and site access for additional subsurface explorations. • Meet with the City to discuss our observations, gather data from the City relevant to the project, and identify additional information that may be required to complete the design. During the kickoff meeting we also intend to: • Re-introduce key project personnel and re-establish connections between GEI and City personnel. • Review the scope in detail and confirm or refine the overall project schedule and deliverable expectations. Deliverable: Meeting minutes. 2. Review of Existing Information— Based on the results of our site visit, additional information may be required to develop the floodwall design and construction documents, such as as-built drawings for nearby buildings, utilities, and other structures or information from adjacent commercial building owners regarding equipment or processes that may be sensitive to construction vibrations or noise. As a cost saving measure, we assume that GEI will provide a list of the required information to the City and that the City will collect the information and provide it to GEI for review. We have not included scope or budget for collecting additional information or contacting building owners, but we can provide additional scope and budget for these services if desired by the City. We understand that the buildings along the floodwall alignment are likely to be founded on structural mat foundations and not on individual spread footings or pile foundations. Based on our previous site visits, we understand that the buildings along the alignment are in relatively good condition. We have prepared our scope and budget assuming that structural assessment of individual buildings is not required. If our site visit or review of information for individual buildings indicates that building foundation types or conditions are significantly different than anticipated, we will prepare a scope and budget for further building evaluations if required. Deliverable: List of documents reviewed and relevant findings to be included in the Design Memorandum prepared under Task 10 below. 3 Mr. Ken Langholz November 29, 2012 3. Supplemental Subsurface Explorations— We will perform a supplemental subsurface exploration program to refine the characterization of the levee and foundation materials and groundwater conditions to aid in the engineering evaluations. In the preparation of our scope, we have assumed that the City will facilitate the work by performing the following activities: • Facilitate timely entry to all areas of the project for site visit and exploration purposes. Our current scope does not include establishing right-of-entry agreements or other right- of-way services. • Obtain City and/or County permits (if any are needed)for explorations. • Obtain any permits for the explorations performed in Tukwila. • Obtain all necessary environmental clearances (if any are needed)for the proposed exploration sites and activities. Soil Borings USACE Engineering Circular(EC) 1110-2-6066,Design ofI-Walls prescribes a number of closely spaced borings with an extensive laboratory testing program to provide a high level of confidence in the geotechnical parameters for design and constructability of I-walls. To date, the borings performed along the levee alignment were performed for the purposes of evaluating the existing levee embankment for accreditation. For typical sheet pile design projects, the data collected from these borings may be considered suitable for design, but the sampling and laboratory performed for accreditation do not meet the minimum requirements established by USACE specifically for I-wall design. Given the prescribed boring depths and the extensive laboratory testing requirements in the EC, the borings performed to date would be used primarily for defining the soil stratigraphy, and additional borings are required to collect the minimum data required specifically for I-wall design. The spacing and depth requirements are provided in Table 5-1 (Chapter 5) of the EC. To satisfy the boring spacing requirements in Table 5-1, we propose a maximum spacing between the new borings of 500 feet or less, and we propose locating the new borings so that the average spacing between all borings, including the previously drilled borings, is about 300 feet or less. As result, we propose drilling 13 new borings to satisfy the spacing requirements. Based on the minimum depth requirements provided in Table 5-1, the minimum depth required for the borings would be 50 feet. However, from the 35% design,the sheet piles for the floodwall segment near West Valley Highway are expected to have a toe embedment depth greater than 50 feet, and we recommend that borings be advanced to a depth of 60 to 70 feet below the existing landside grade to ensure that borings extend an adequate distance below the sheet piles for wall design. Also, we understand that the City is considering modifying the floodwall design for an extreme design case where the entire riverbank riverward of the wall is scoured away to the maximum predicted scour depth to address the County's concern that long term maintenance of the riverbank will be required. We have performed a preliminary evaluation of the floodwall for this case, and the sheet pile toe for all segments would need to be deeper than estimated for 35% design. To accommodate this potential design case, we recommend that all borings be extended to a depth of at least 70 feet below the existing grade at the toe of the levee embankment. This task will begin with the preparation of a Field Exploration Work Plan which will outline 4 Mr. Ken Langholz November 29, 2012 exploration locations, depths, types of samples, methods for geotechnical test borings, and laboratory index testing of collected soil samples. A draft work plan will be issued to the City for review. Review comments will be incorporated into a final work plan. We assume we will drill up to thirteen conventional borings at depths up to 70 feet each to supplement the existing information. We have assumed that drill cuttings can be dispersed over the ground next to the drill hole and raked in with the surficial soil. Off-site disposal of cuttings is not included. We will transport soil samples to a laboratory for testing on selected samples. The number, depths, and technique for the borings may change based on observations made during our site visit and in the course of the drilling program. Laboratory Testing and In-situ Testing Table 5-2 of the EC includes mandatory requirements for soil strength, consolidation, permeability, and index testing. Our proposed program will comply with the laboratory testing requirements in the EC except for the requirement for laboratory permeability testing of granular soils. In our opinion, in-situ permeability testing using borehole permeability testing or slug tests in piezometers is more appropriate for determining the soil permeability for design in the variable alluvial deposits that exist along the floodwall alignment. Laboratory permeability testing only represents the permeability of the discrete sample collected and may not be representative of the soil layer being considered for design. In-situ testing of granular materials is supported by the text in Chapter 5 of the EC. The EC acknowledges that"because of the difficulty in obtaining undisturbed samples of coarse-grained soils"permeability is difficult to accurately determine in the laboratory and states "in situ tests such as pump tests or lag tests can give more accurate estimates of the permeability of granular soils." The number and type of required laboratory tests to be performed varies depending on the type and thickness of soil layers encountered in each boring. For budgeting purposes, we assumed the following laboratory tests will be performed on samples collected from each boring: • Two consolidated undrained (CU)triaxial tests • Two unconsolidated undrained(UU)triaxial tests. • Four specific gravity tests. • Four Atterberg limits. • Two consolidation tests. • Four sieve analyses. In addition, we assumed that the laboratory permeability tests would be replaced with two borehole permeability tests or slug tests per boring. Piezometer Installation and Monitoring During our subsurface exploration program we will install piezometers to record ground water levels over time. Further discussion of the proposed piezometers is included under Task 5 below. Geotechnical Data Report Addendum 5 Mr. Ken Langholz November 29, 2012 Upon completion of the subsurface explorations and laboratory testing, we will prepare a memorandum summarizing the data collected during the subsurface investigation program. The memorandum will be prepared as an addendum to the Geotechnical Data Report previously prepared by GEI in support of the levee accreditation. Information in this memorandum will include: • Updated geotechnical exploration location plans and profiles, • New boring logs • Piezometer installation logs • Field testing results, and • Laboratory testing results. Deliverables: Field Exploration Work Plan Geotechnical Data Report Addendum 4. Geotechnical Evaluations—We will perform the following geotechnical evaluations: • Global stability, seepage, and settlement analyses on one cross section at each of the four proposed floodwall locations. • Global stability and settlement analyses on cross sections for up to two vehicle access ramps to be constructed landward of the floodwall. We assume that pedestrian access will consist of timber- or steel-framed structures that will not provide significant loading for global stability. • Sheet pile embedment analyses using soil-structure interaction models on up to two cross sections at each of the four proposed floodwall locations to refine the sheet pile embedment depths from the 35% design. The sheet pile analyses will be performed using the commercial software program WALLAP by GeoSolve. The analyses will be used to estimate the required sheet pile embedment and stiffness for stability. • Floodwall deflections at the cross-sections evaluated to estimate the required embedment. • Pile drivability evaluation using published correlations with SPT N-values to determine the minimum stiffness needed for sheet pile installation. In addition we will contact a sheet pile contractor to assess the sheet pile drivability. We will prepare documentation that will explain our methodology, document selection of geotechnical parameters, document calculations performed, and summarize the results of our evaluations. Deliverable: The documentation for this task will be part of the overall Design Memorandum prepared under Task 10. 5. Groundwater Evaluations—The City has expressed concern that the sheet pile floodwall could cut off groundwater flow to the river and elevate the groundwater table behind the wall, creating wet areas on adjacent properties. The 35% design included leaving the bottom of every third sheet pile pair higher than the rest of the wall to create windows in the wall for the groundwater to pass through. Based on the required embedment depths from 35% design,the shorter sheet piles are expected to penetrate a layer of low-permeability silt and organic soils 6 Mr. Ken Langholz November 29, 2012 beneath a layer of upper sandy soils along the floodwall alignment, and the windows in the sheets will generally be below the low-permeability soils. If the low-permeability soils are laterally continuous, they may act as a barrier, impeding water in the upper sandy soils from reaching the windows in the sheets. As a result, the 35% design approach of leaving windows in the wall may not be fully effective in keeping the groundwater table from rising. We envision two alternative approaches to address potential groundwater impacts, for the City's consideration. One approach would consist of developing a comprehensive understanding of the groundwater conditions along the floodwall alignments by characterizing groundwater levels and their variability over time and developing a groundwater model to assess the likely long-term impacts of the floodwalls to the groundwater table landward of the floodwalls. Performing a comprehensive groundwater study requires installing piezometers along the levee alignment and at some distance landward of the levee and monitoring the groundwater levels in the piezometers for a period of many months to assess seasonal variability effects. After the groundwater data is collected, additional time would be required to use the data to build and calibrate a groundwater model. We understand that performing a groundwater study could have a significant impact on the floodwall installation schedule. We have not included detailed scope or costs for groundwater modeling in this proposal, but would be pleased to provide a proposal to perform this work if requested by the City. As an alternative approach, we suggest that the City consider pre-emptive mitigation and apply an observational approach to identifying and mitigating future groundwater impacts if they arise. This alternative approach includes: • Mitigation: Final design of the floodwalls would include cutting a series of holes in the sheet piles above the elevation of the low-permeability silt and organic soils to allow groundwater to pass through the wall. The size and spacing of the holes would be designed so that the effective permeability of the sheet pile walls would be similar to the permeability of the surrounding soils. We have used this approach with success on other projects, but given the variability of the alluvial soils landward of the walls there is some risk that this approach may not be fully effective. • Monitoring: For this task, we assumed that we would install piezometers landward of the proposed sheet pile alignment to collect groundwater data that could be used for developing and calibrating a groundwater model if needed, but we assumed that groundwater modeling would not be performed unless required to mitigate groundwater problems should they develop. To reduce the overall cost of installing the piezometers, some of the piezometers will be installed in the additional borings required for final design of the floodwall. After the piezometers are installed, we will install data loggers in the wells to provide continuous monitoring of the groundwater levels. For this proposal, we assumed that the City would download and process the data collected from the wells on a bimonthly basis. Monitoring will begin prior to construction of the floodwall and will continue after the floodwall is completed. For budgeting purposes, we assumed a monitoring time of 12 months. • Reporting: At the end of the 12 months of monitoring, we will provide a memo to the City summarizing the results of the monitoring and recommendations for additional work if required. 7 Mr. Ken Langholz November 29, 2012 This proposal includes costs for performing the pre-emptive mitigation described above, installing the piezometers, and reviewing and assessing the collected data, but does not include the costs for groundwater modeling or designing additional mitigation measures, if required. For budgeting purposes, we have assumed the following: • Nine shallow piezometers and one deep piezometer will be installed in the borings performed for the levee investigation. • Five shallow piezometers and one deep piezometer will be installed in five borings drilled up to 1000 feet from the river. • Monitoring equipment will be installed to monitor all of the piezometers. • GEI will prepare spreadsheets for processing and plotting groundwater data. To reduce cost, we assume that the City will download the data from the piezometers and plot the groundwater data. If the City prefers that GEI collect and process the data, we would be pleased to incorporate this effort in the scope and budget. Deliverable: Observation well and piezometer installation records; Data collection operating procedures. 6. Corrosivity Evaluation—Based on conversations with the City and observations of soil conditions in the borings performed for accreditation, we understand the soils and groundwater at the site are not likely to be highly corrosive. As such, we propose to perform a limited amount of corrosivity testing on soil samples collected during our drilling program to confirm our understanding and to provide data if the soil and groundwater is more corrosive than anticipated. Corrosivity testing will be performed on up to two samples collected from each boring and will consist of: • Resistivity (ASTM G 57) • pH (ASTM G 51) • Sulfates (ASTM D 516) • Chlorides (ASTM D 512) Provided that our current understanding of the soil corrosivity is correct, we anticipate corrosion protection for the sheet piles to likely consist of sacrificial steel added to the sheet pile cross section. Using the results of the soil corrosivity testing, we will use published corrosion rates to estimate the amount of expected steel loss over the design life and design the sheet pile walls with adequate sacrificial steel. If the expected project design life is unusually long or the soil is slightly more corrosive than anticipated, the sacrificial steel thickness could be significant, and additional corrosion protection consisting of applying a protective coating would be considered. If testing indicates significantly higher than expected corrosion potential, we would recommend retaining a corrosion expert to perform a more detailed evaluation and provide specific corrosion protection design recommendations. 8 Mr. Ken Langholz November 29, 2012 Prior to final design, we will provide our corrosion protection recommendations to the City for review and approval. Deliverables: Corrosion Evaluation and Recommendations Memorandum 7. Floodwall Structural Analvses—We propose to perform structural analysis and design for the following structural floodwall elements: • Sheet Pile: For each floodwall section, we will confirm or refine the overall floodwall dimensions (beginning and end stations, and bottom and top elevations). We will estimate the sheet pile size required to resist the loads from our geotechnical analyses, and if required, we will select and evaluate appropriate corner and transition pieces. • Sheet Pile Cap: We will design one typical reinforced concrete sheet pile cap detail to be used for all floodwall sections considering the maximum soil, water, and railing loads. We expect that the concrete cap detail will be similar to the Type A cap detail for the Boeing levee that you provided to us. The connection between the concrete cap and the wall will be designed as recommended in EC 1110-2-6066. • Sheet Pile Wall Concrete Facing: We understand that landside concrete facing will be used for the floodwall sections similar to the Type A facing detail for the Boeing levee floodwall. We will evaluate the details shown on the drawings provided to us for use on the Briscoe-Desimone floodwall and, as requested, we will provide form liner alternatives for the City to select the wall finish. • Railings: We assume that railings will be installed along the top of the concrete cap and will be constructed from galvanized steel tubing. We will perform a structural evaluation of the railing and provide connection details. • Water Stops and Construction Joints: We will provide details and locations for water stops and construction joints as required in the sheet pile cap and the wall facing. Deliverable: The results of the structural evaluations will be documented in the Design Memorandum prepared under Task 10 below. 8. Sheetpile Wall—Levee Embankment Transition Zones—We will evaluate erosion potential at the transition areas between the setback floodwall and levee embankment section assuming the levee embankment is overtopped, and we will design erosion protection for the levee embankment as required. We assume that erosion protection will consist of either buried riprap or vegetated articulated concrete blocks. Prior to final design, we will provide our recommended erosion protection option to the City for review and approval. Deliverable: The results of the transition zone evaluations will be documented in the Design Memorandum prepared under Task 10 below. 9. Ramps and Stairway Design—We understand that the City plans to construct the following access points: • Vehicle access ramps, 9 Mr. Ken Langholz November 29, 2012 0 one in Reach 1 near West Valley Highway 0 one in Reach 4 near the 200t' Street Bridge, • Pedestrian and handicap access ramps. o one in Reach 3 near Sta. 851+00 • Pedestrian stairways 0 one in Reach 1 near Sta. 769+20 0 one in Reach 3 near Sta. 862+20 Assuming that the setback floodwall will be designed as a cantilever wall as shown on the 35% design drawings, ramps and stairways must be designed and constructed so that little or no net lateral loading toward the river is applied to the floodwall. We assume that stairways and pedestrian/handicap access ramps will be constructed with reinforced concrete or steel framing and will not significantly load the floodwall, but vehicle access ramps are typically constructed as earth fills and are likely to apply significant net loading to the floodwall. Options for addressing or minimizing impacts of the vehicle access ramps on the sheetpile wall include: • Providing the floodwall with tiebacks under the ramps in order to resist the applied lateral loading from the ramps. • Providing pile foundations or ground improvement beneath the ramps so that the vertical loading from the ramps is transferred beneath the floodwalls. Our scope and budget includes design of a special floodwall section with a single level of tiebacks at access ramps. We will work closely with the City and our proposed structural subconsultant Shearer Design LLC to select the approach for final design considering the selected ramp locations, right-of-way constraints, ground conditions, cost, and other considerations. For our proposal we have assumed that the City will prepare the geometric design and drawings for the pedestrian stairs and access ramps, with GEI providing recommendations for the foundations and proposed subconsultant Shearer Design providing structural details as required. The scope and budget from Shearer Design is attached. Deliverable: The access ramp and stairway designs will be documented in the Design Memorandum prepared under Task 10 below. 10. Design Memorandum—We will prepare a design memorandum providing a brief overview of the floodwall design and documenting our design criteria, assumptions and decisions. The design memorandum will be initially issued with the 60% design submittal to present the floodwall design criteria(water surface elevations, scour assumptions, loading cases, methods of analysis and required safety factors, soil profiles and engineering properties for analysis, etc.). Our design calculations will be included as attachments to the 90% design submittal. Comments will be incorporated into our Issued-for-Approval submission. Deliverables: 60% Design Memorandum; 90% Design Memorandum; Issued-for-Approval Design Memorandum. 10 Mr. Ken Langholz November 29, 2012 11. Floodwall Drawings —We understand that the City would like to use their CAD resources to perform a portion of the drafting. We propose that GEI prepare drawings showing design details and that the City prepares title sheets, note sheets, plan and elevation drawings, geometric arrangement drawings, and other drawings required. GEI will work with the City to provide input to the City's drawings. We propose that drawings prepared by GEI include: • Sheet Piling- Typical Sections & Details • Concrete Cap - Typical Sections & Details • Concrete Facing- Typical Sections & Details • Joint& Waterstop Details • Tiebacks and Wales —Typical Sections and Details, and Other Structural Steel Details for Setback Floodwall • Transition Erosion Protection - Typical Sections & Details • Setback Floodwall Architectural Facing& Finish Details Deliverable: 60% Design Drawings; 90% Design Drawings; Issued-for-Approval Design Drawings. 12. Specifications—We understand that the City intends to base the project specifications on the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction. We will assist the City in developing Special Provisions as required to modify the W SDOT specifications. We will prepare Special Provisions for: • Preconstruction and post-construction building surveys, • Steel sheet piling • Pile driving equipment • Construction induced vibrations and monitoring • Structural concrete and concrete for wall facing • Structural steel • Tie-backs We will also review and provide input to other Special Provisions prepared by the City as necessary. Deliverable: 60% Special Provisions; 90% Special Provisions; Issued-for-Approval Special Provisions. 13. Proiect Management and Coordination -Project management and coordination are essential to ensure the successful preparation of the levee accreditation documentation. Successful implementation will require effective oral and written communications and coordination. The project management task will include the following activities: • Coordination of project activities with City staff • Management and supervision of the engineering team • Management, coordination and evaluation of subconsultant services 11 Mr. Ken Langholz November 29, 2012 • Project progress and coordination meetings • Documentation of key meetings • Meetings and reviews with King County if appropriate • Preparation of monthly summaries of current financial information and schedule We expect that several meetings will be required during design development to discuss and address City and County comments on design. We have budgeted three face-to-face meetings after the initial kick off meeting. We anticipate one meeting for each design phase. Management of Quality Control (QC) activities will also be included in this task, including the review, coordination and checking of work products at each step of their development. Work products include the key deliverables and support documentation, such as work plans, technical memoranda, drawings, and special provisions. Our QC team will review technical approaches and verify that deliverables and supporting documents prepared for the City are complete, conform to standards, and meet or exceed the expectations of the City and GEI's management. The project manager will be responsible for the assurance that our QC procedures are being implemented. Deliverables: Monthly progress reports ASSUMPTIONS We made the following assumptions in preparing the scope and cost estimate: 1. Design Submittals - We assume that design of the floodwall will include three design submittals which will include: • 60% Design • 90% Design • Issue for Approval We assume that the City and King County will review the drawings, specifications, and design memorandum developed at each phase of design. As a result of these reviews, we assume that one round of comments will be provided to us from the City and from the County at each phase of design, and we will provide formal responses as required to address these comments. 2. Topographic Information to be provided by the City - For preparation of the design, accurate topographic information will be necessary for the existing levee and adjacent land surfaces (river bank and land east of the levee). We understand that either the survey data already in our files is adequate for the design or additional survey data will be provided to us by the City. Accordingly, our scope does not include mapping and survey services. We anticipate the following information will be used in the design and will be provided by the City in a timely manner: • Topographic map with 1-foot contours of the Green River channel, levee and ground surface in the area behind the levee. • Representative cross-sections showing river channel (including below water bathymetry), river bank, levee, and land surface landside of the levee to a distance of at least 100 feet beyond the landside levee toe. 12 Mr. Ken Langholz November 29, 2012 • Selected additional cross-sections as needed to identify critical (steepest) slopes of river bank and levee. • A survey of levee crest elevations at a spacing of 500 feet or closer. • As-drilled locations of all subsurface explorations completed by GEI. 3. Hydrologic and Hydraulic (H&H) Information to Be Provided by the City - Preparation of the design will require confirmation or updating of information on water surface profiles, scour, velocities, and appropriate bank protection for the floodwall reaches: • Green River water surface profiles for final design (to include 100-year, 500- year, and mean water profiles) • General, local, and bend scour evaluation -thalweg profiles and cross-sections over time including recent bathymetric data, stability of thalweg location and channel shape, calculation of estimated bend scour depths at approach and exit sections, and scour recommendations. • Distribution of water velocities along the right bank for use in design We assume the City will work with NHC to assemble available data and provide it to us. Our scope does not include H&H services. We assume our review will be limited to documents provided to us by the City. 4. Right of Way Support - In the preparation of our scope, we have assumed that the City will facilitate the field work and our evaluation of adjacent structures by performing the following activities: • Facilitating timely entry to all areas of the project for site visit and exploration purposes. Our current scope does not include right-of-way services. • Obtaining City and/or County permits for explorations. • Obtaining all necessary environmental clearances (if any are needed)for the proposed exploration sites and activities. • Coordinating with owners of adjacent structures and obtaining as-built drawings and other building and foundation information needed for the design. S. Existing Buildings and Improvements - We assume that the City will collect any required information such as drawings, details, documentation of existing buildings and improvements for our review. We assume that structural assessment of individual buildings is not required. 6. Interior Drainage - We have assumed that installation of the floodwalls will not significantly impact the interior drainage conditions landward of the levee. Our scope and budget do not include interior drainage evaluations. 7. Groundwater Data- We have assumed that the City will download and process the data collected from the proposed observation wells on a bimonthly basis. Monitoring will begin prior to construction of the floodwall and will continue after the floodwall is completed. For budgeting purposes, we assumed that the total monitoring time will be 12 months. 13 Mr. Ken Langholz November 29, 2012 8. Corrosion Potential - We have assumed that the soil and groundwater conditions at the locations of the proposed floodwalls are not aggressively corrosive. A nominal evaluation of these conditions is proposed. 9. Pedestrian Stairs and Ramps - We have assumed that the City will prepare the geometric design, drawings and special provisions for the pedestrian stairs and access ramps, with GEI providing foundation recommendations and structural details as required. 10. For cost estimating purposes, the project schedule assumes a duration of approximately six months for this project. COST ESTIMATE We will perform the above scope of services on a time and materials basis based on the terms of our current agreement with the City of Kent for the Briscoe-Desimone levee. Based on the information known to us, we estimate that the cost of performing the services outlined above will be approximately $736,544. A breakdown of the estimated costs is included in the attached table. Invoices will be submitted monthly based on the services performed as of the end of each billing period. Payment will be due within 45 days per the terms of the City of Kent agreement as negotiated by the City of Kent and GEI Consultants. This estimate does not include any contingency. We understand that additional budget to address changes and unforeseen complications that require additional effort would be added by contract modification subject to our presentation of written justification. SCHEDULE We are prepared to begin work upon receiving a Notice to Proceed (NTP). Assuming a NTP in late December 2012 or early January 2013, we anticipate completing the scope outlined above within the following schedule: Task Anticipated Schedule Project Kickoff Meetingand Site Visit January 2013 Subsurface Explorations February - April 2013 Engineering Evaluations February - May 2013 60% Design Submission Issued April 26, 2013 90% Design Submission Issued June 21, 2013 Issued for Approval Submission Issued July 19, 2013 Project Management Jan 2013 —July 2013 Notes: (1) Design submissions assume a 2 week review period by the City. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please call me at 510-350-2908 or Jim Nickerson at 781-721-4023 with any questions. 14 Mr. Ken Langholz November 29, 2012 Sincerely, GEI CONSULTANTS, INC. P&gr Alberto Pujol, P.E. Vice President, Project Manager Attachments: Cost Estimate Shearer Design Letter of Scope 15 In 000000.1 -- -3In \\\) \i «9G ( _ ©p24 «R9| J«Gavzwo; xg; _ _ « 2 \\\»» ®9! \\/\\\/ 25 /\; d\\\ \}\/ ( } | J3 - - - \ } � , \oo \ nR a) } \se: § \ /\ � _ \ ! \i ( \/ \\| 2! , \} \ OD w //� \� } \\ \\ : ^ \\ ( SHEARER DESIGN LLD. SHEARER DESIGN ale 00100 Bridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N#3 Seattle,WA 98103 (206)781-7830 November 26, 2012 GEI Consultants, Inc. 180 Grand Avenue, Suite 1410 Oakland, CA 94612 Subject: Kent Briscoe-Desimone Flood Wall Project Attn: Alberto Pujol, P.E., G.E. and Jim Nickerson P.E. Dear Alberto; We are happy to provide engineering services for the Kent Briscoe-Desimone Flood Wall Project. As discussed I believe the best way we can support the project at this phase, is in the following areas: Task 1 Levee Walls This task will cover the review and engineering related to the levee flood walls. It is assumed that our design review will be based on the following: • Two different sheet pile sections. • A single one-size-fits-all concrete cap design. • A single one-size-fits-all concrete facing design. • A single one-size-fits-all railing design. Itemized task details to include: • Perform detailed checking of the structural calculations prepared by GEI, and provide review comments to GEI for incorporation into the design. Structural calculations are expected to include sheet pile design, concrete cap design, concrete facing design, railings, and tiebacks and wales (if tiebacks are required at earth fill ramp sections). • Review design detail drawings drafted by GEI and provide comments. Based on the current project scope, we anticipate 5 to 7 detail drawings. • Review general notes, plan, and elevation drawings prepared by the City. Based on the 35% design, we anticipate 13 to 15 sheets. • Review and comment on draft special provisions prepared by GEI and Kent. Based on our current scope of work, we anticipate 6 to 8 special provision sections. • Review design memorandum and comment on structural aspects. • Review and stamp the drawings, calculations, and specifications as appropriate. (Structural Sheets only) • Review the City and County comments and our responses for 3 levels of design (60%, 90%, Issue for Approval). \\SHEAR ERSERVER\Jobs\0219 Kent Levee\Contract\0219 Scope.docx SHEARER DESIGN LLD. SHEARER DESIGN ale 00100 Bridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N#3 Seattle,WA 98103 (206)781-7830 Note that under this task the review of the levee walls will be based only on the structural design and analysis of the wall system. The wall analysis will be based on the prescribed loads and soil design parameters provided by GEI. The configuration of the flood wall and levee system and ground profiles after any flood event erosion shall be the sole responsibility of GEI. Task 2 Access Points Under this task we will prepare the design and details for pedestrian access and vehicular access over the flood wall system to the trail and levee top. Included would be all engineering, drafting and estimates for the following five access points. Vehicle access ramps: • One in Reach 1 near West Valley Highway • One in Reach 4 near the 200th Street Bridge Pedestrian and handicap access ramp: • One in Reach 3 near Sta. 851+00 Stairways: • One in Reach 1 near Sta. 769+20 • One in Reach 3 near Sta. 862+20 Task 3 General project administration This task will cover the general project coordination and project meeting points. Included will be: • Attend a project kickoff meeting and site visit with GEI and the City of Kent • Attend a conference calls with GEI to discuss the approach to the structural analyses and detailing to establish concurrence • Communicate periodically through the advancement of the design to discuss any interim results, challenges and directions Items furnished or prepared by the GEI: Site Survey of all reaches (AutoCAD 2008 base map file.) Geotechnical Foundations report Project AutoCAD border and title All work will be in conformance with the current edition of AASHTO Design Manual. All CAD work will be prepared using the project border and title sheets in Auto CAD 2012. Please see the enclosed spreadsheet for a summary of our estimated cost & hours for this section of the project. We look forward to working with you on this exciting project. If you have any questions please feel free to call. Sincerely, David R. Shearer S.E. Principal SHEARER DESIGN \\SHEAR ERSERVER\Jobs\0219 Kent Levee\Contract\0219 Scope.docx SHEARER DESIGN LLD. SHEARER DESIGN ale 00100 Bridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N#3 Seattle,WA 98103 (206)781-7830 Exhibit A Levee Walls Deliverables: • Design review comments • Drawing review comments • Stamped sheet pile wall drawings • Responses to City & County comments Access points Deliverables: Vehicle access ramps: Reach 1 near West Valley Highway Reach 4 near the 200th Street Bridge Pedestrian and handicap access ramp: Reach 3 near Sta. 851+00 Stairways: Reach 1 near Sta. 769+20 Reach 3 near Sta. 862+20 For each location: • 30%,60% 90% review drawings. • 100% Bid set drawings • Project Bid Items • Project Special provision • Project Engineers Estimate \\SHEAR ERSERVER\Jobs\0219 Kent Levee\Contract\0219 Scope.docx N S N N N c y r U O U 0 fD m p1 0 m m m' ry n N 3 S d 0 y m fD v m I v m y_ 7 co m N N y' 20 N M N N A T O O O O v m y n O p X m m = z W T y 1 O 1W Q O Z m 1 m 7 m y_ m n fl; c d s m �n m m N P N � Q O o m m W O V N � W O C N" V O O � m W W m O m N S y N O d x � N N (/1 p N N 2 'o' K w T o. m 0 o o d N a a A a n O 'o 5 yj N 0 00 O n n EA n N 0 , o m m 7 O u s w � m N 3 N N v N 7 m p W p A y m o N (n T A O O O m O 0 O W A N W A O N W N 0 0 m m ao m O N m 0 Z Fu N =i N O O A O W O) n 0 O Z 0 V O O) Q O O O C O � N _ O N y m O x O n U! o F N m m n c n � d m !n d 'm � o N N N N O N T W W R W O V O OO C 00 O) N O V 00 O D — W O' W W � O m \/\ [ //\ (\ \/ _ » _ _ 2\ / \\ / \/ . co ( zcd § 3 � s od x d (/1 p � N 2 � m OTZ: 5 m (n nD v O mp m x O `� 3 J T w m m VOi � A O C 0 N N J p) F p 0 7 a 3 O .� vOi N O J F p N_ 0 O 0 N ry N O 00 3 ^ N J D T 3 m N < O n J J . 0 H n O n J O N n S O J G 0 m < w m CO) 3 N N v N 7 r A c2 m o N 0 N A O O O m O 000 0 N W N v 0 m a x O 0 m p Z N N 0 0 m m a O » O Z N N 00 O O O 0 w Q O O 000 C 0 � N _ O N ti m 0 O x O � o F N m m 0 c n � d m !n d 'm � o N N A A V O N N O N O .Z N N W O V N N O N W W N W O N O N N 0 V 00 O - W 0' W W m O m KENT .'°" Agenda Item: Consent - 7K TO: City Council DATE: February 5, 2013 SUBJECT: Upper Johnson Creek Restoration, Phase II - Accept as Complete MOTION: Accept the Upper Johnson Creek Restoration - Phase II Project as complete and release retainage to Restoration Logistics, LLC, upon receipt of standard releases from the State and release of any liens. The original and final contract amount was $59,903.55. SUMMARY: The project consisted of the installation of approximately 15,600 native plants in and around the new stream channel that was recently completed through a developer-funded stormwater mitigation project. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Privately funded by Polygon Northwest through the Stormwater Utility Fund. Z KENT W^"'' ". Agenda Item: Other Business - 8A TO: City Council DATE: February 5, 2013 SUBJECT: Proposed SE 256th Street Local Improvement District 364 Resolution of Intent - Adopt MOTION: Move to adopt Resolution No. setting a Public Hearing date for March 5, 2013, regarding the formation of Local Improvement District 364. SUMMARY: The City was successful in obtaining a $2 million grant from the Washington State Transportation Improvement Board for the repair, widening and upgrading of SE 2561h Street between Kent-Kangley Road and 1161h Ave. SE. The grant was awarded in 2006 and is in jeopardy of being rescinded if the project does not break ground before July 1, 2013. The City has been aware of traffic congestion on this section of SE 2561h Street and it has been on our 6-year TIP for over a decade waiting funding. The project will construct sidewalks, bike lanes, and a center left turn lane. Also included are construction of curb and gutter, storm drainage and detention, street lighting, undergrounding of electrical facilities, and landscaping. Traffic signals will also be modified and upgraded as necessary. A Local Improvement District (L.I.D.) is being proposed to help fund the project with the benefiting properties being assessed a share of the project cost. See the attached L.I.D. boundary map and Attachment 'A' for more details. As shown on the L.I.D. boundary map, there are 307 properties included. Many of these are condominium and single family properties. In addition, there are a few commercial, office and apartment properties. In 2009 we mailed information to all of the property owners and held 3 informational open houses. Two more open houses were held in the spring of 2012. We also answered various questions on the phone and by email. The City delayed the L.I.D. formation process in order to pursue additional funding sources, however, sources of revenue are scarce and very competitive, and the City could not find additional funding for this project. We are now ready to move forward with the L.I.D. formation. EXHIBITS: Attachment A - Resolution Attachment B - Boundary Description Attachment C - Boundary Map RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The project cost estimate is approximately $7.0 million. We hope to form an L.I.D. for approximately $2 million. With the $2 million grant, the City share would be approximately $3 million, which would be funded using $1-million from Transportation Impact Fee Collections, $1-million of drainage funds to deal with stormwater, and $1-million from the newly adopted B&O taxes to pay for new pavement. Without the L.I.D. the City share would be $5 million. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent- Kangley Road to 116th Ave SE; and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on March 5, 2013. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, 1 Resolution of Intent — LID No. 364 erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent-Kangley Road to 116th Ave SE, as more fully described in Exhibit B, attached hereto and by this reference made a part hereof. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Public Works Director of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. SECTION 2. The total estimated cost and expense of the improvements is declared to be $7,000,000.00, approximately $2,959,726 of that cost and expense shall be paid by the City, approximately $2,000,000 of that cost and expense shall be paid by grants, and the balance thereof (an estimated $2,040,274) shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established embracing as nearly as practicable all the property specially benefited by the improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. 2 Resolution of Intent— LID No. 364 SECTION 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law. This resolution also shall be published in its entirety in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. SECTION 4. All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7:00 p.m. on March 5, 2013, which time and place are fixed for hearing all matters relating to the improvements and all comments thereon and objections thereto and for determining the method of payment for the improvements. All persons who may desire to object thereto should appear and present their objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the improvements in the event 3 Resolution of Intent— LID No. 364 the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. SECTIONS. The City's Public Works Director is directed to submit to the City Council on or prior to March 5, 2013, all data and information required by law to be submitted. SECTION 6, Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this 5th day of February, 2013. CONCURRED in by the Mayor of the City of Kent this day of February, 2013. SUZETTE COOKE, MAYOR ATTEST: APPROVED AS TO FORM: RONALD MOORE, CITY CLERK TOM BRUBAKER, CITY ATTORNEY 4 Resolution of Intent— LID No. 364 Exhibit A L.I.D. Boundary Description L.I.D. 364 SE 2561h Street Improvements That portion of the northwest quarter and the northeast quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: BEGINNING at the northeast corner of said Section 29, thence S00°56'50"W, along the east line of said northeast quarter, 340.17 feet to the north line of the south 320.00 feet of the northeast quarter of the northeast quarter of the northeast quarter of said Section 29; thence N88°03'59"W, along said north line, 657.97 feet to the west line of the east half of the northeast quarter of the northeast quarter of said Section 29, thence S00°35'1 VW, along said west line, 251.14 feet to the northeast corner of that certain tract of land described in that certain Record of Survey described under King County Recording Number 8005309003; thence along the north line of said tract the following courses and distances; thence N87052'46"W 14,85 feet, thence N02055'24"E 7.85 feet; thence S86039'29"W 82.45 feet, thence N87052'46"W 559.63 feet to the west line of the east half of the northeast quarter of said Section 29, thence S00013'42"W, along said west line, 690.48 feet to the northeasterly right of way margin of the Kent Kangley Road, said point being 50.00 feet northeasterly of, when measured at right angles to, the centerline of said road; thence N61°35'47"W, along said northeasterly margin 113.39 feet to a point on the east line of a tract of land conveyed to Ronald S. Jones and Madeline Jones, his wife, by deed recorded under King County Recording Number 5032080; thence N00015'56"E, along said east line, 196.84 feet to the northeast corner thereof; thence N89°44'04"W, along the north line thereof, 130.00 feet to the northwest corner thereof; thence S00015'56"W, along the west line thereof, 127.31 feet to the northeasterly right of way margin of said Kent Kangley Road; thence N61°35'47"W, along said margin, 68.30 feet; thence N00°18'17W 246.25 feet; thence N87°52'59"W 59.30 feet; thence N00°18'17W 22.69 feet; thence N87°52'59"W 162.00 feet to the east line of the west 10.00 acres of that portion of the east three quarters of the northwest quarter of the northeast quarter of said Section 29 lying northerly of the Kent Kangley Road; thence S00°1817"E, along said east line, 157.20 feet to the northeasterly right of way margin of said Road; thence N61°35'47"W, along said margin, 319.55 feet to the southeast corner of City of Kent Short Plat SP-94-2 as recorded under King County Recording Number 9502210896; thence N00°00'16"E, along the east line thereof, 418.86 feet to the northeast corner thereof; thence N87053'43"W, along the north line thereof, 189.81 feet to the east line of the plat of East Hill Gardens, as recorded in Volume 51 of Plats, page 77, records of King County, thence S00°18'17"E, along the east line of said plat, 8.78 feet, thence N88°45'19"W, along the south line of said plat, 328.43 feet to the north- south center of section line of said Section 29; thence N00°28'52"W, along said center of section line, 130.49 feet to the northeast corner of City of Kent Lot Line Adjustment LL-2002-20 under King County Recording Number 20021211002416, thence N65°36'52"W, along the northeast line of said adjustment, 216.33 feet to the most northerly corner thereof and the northeast corner of Tract B, Kent Short Plat SPC76-6, recorded under Recording Number 7604120524, thence N89026'1 YW, along the north line of said Tract B, 166.19 feet to the west line of said Tract B; thence S00°28'52"E, along said west line, 115.00 feet to the northeasterly right of way margin of the Kent Kangley Road, thence N53°13'47"W, along said margin 509.02 feet to the most southerly corner of a tract of land conveyed to the City of Kent by deed recorded under Auditor's File Number 6428940, thence N18°41'32"E, along the east line thereof, 49.65 feet to the southerly margin of SE 2561h Street; thence N00036'51"E 30.00 feet to the north line of the northwest quarter of said Section 29; thence S89023'09"E, along said north line, 750.87 feet to the north quarter corner of said Section 29; thence S87°52'59"E, along the north line of the northeast quarter of said Section 29, a distance of 2640.65 feet to the northeast corner of said section and the TRUE POINT OF BEGINNING; Exhibit A to Resolution of Intent A - 1 For LID No. 364 Except those portions of the above described tract conveyed for public road purposes; Together with that portion of the southwest quarter and the southeast quarter of Section 20, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: BEGINNING at the southeast corner of said Section 20, thence N87052'59"W, along the south line of the southeast quarter of said Section 20, a distance of 2640.65 feet to the south quarter corner of said Section 20; thence N89°23'09"W, along the south line of the southwest quarter of said Section 20, a distance of 745.94 feet to the east line of the west 495.00 feet of the southeast quarter of the southwest quarter of said Section 20, thence N01029'23"E, along said east line, 1304.47 feet to the north line of the southeast quarter of the southwest quarter of said Section 20; thence S89°03'03"E, along said north line, 755.01 feet to the north south center of section line of said Section 20; thence S88017'55"E, along the north line of the south half of the southeast quarter of said Section 20, a distance of 1964.71 feet to the northwest corner of the north half of the northeast quarter of the southeast quarter of the southeast quarter of said Section 20; thence S01 012'16"W, along the west line of said subdivision, 328.66 feet to the southwest corner thereof; thence S88°11'39"E, along the south line of said subdivision, 328.11 feet to the northwest corner of Lot 3, in Kent Short Plat SP 80-11, as recorded under King County Recording Number 8006250641, thence S01 005'28"W, along the west line of said Lot 3 and Lot 4 of said short plat, 329.26 feet to the north line of Hughes' Ulle-Land Number 2, as recorded in Volume 75 of plats, page 20, records of King County, thence S88°05'24"E, along the north line of said plat, 223.50 feet to the northwest corner of Lot 4, Block 2 of said plat, thence S00058'38"W, along the west line of said Lot 4 and its southerly prolongation, 191.31 feet to the north line of Lot 4, Block 1 in said plat; thence N87°53'01"W, along said north line, 59.74 feet to the northwest corner of said Lot 4, thence S00°58'36"W, along the west line of Lots 1, 2, 3 and 4 in said Block 1, a distance of 318.00 feet to the southwest corner of said Lot 1, thence S87053'01"E, along the south line of said Lot 1 and its easterly prolongation, 165.00 feet to the east line of the southeast quarter of said Section 20; thence S00058'43"W, along said east line, 150.05 feet to the southeast corner of said Section 20 and the TRUE POINT OF BEGINNING; Except those portions of the above described tract conveyed for public road purposes. F s e S `W cA IT ALLM Exhibit A to Resolution of Intent A - 2 For LID No. 364 Exhibit B Description of Improvements L.I.D 364 — SE 256th Street Improvements The overall project limits for SE 256th Street are Kent-Kangley Road to the west at the 'Y' intersection and 116th Ave. SE to the east. The roadway improvements include but are not limited to: • Widening to 3 lanes with a center left turn lane • Bicycle lanes in both directions • Installation of cement concrete sidewalks and driveways • New roadway pavement section • Curb and gutters • Storm drainage system with detention and treatment facilities • Relocation and adjustment of existing utilities and other improvements such as fire hydrants, manholes, water meters, valve boxes, monuments, utility poles, street light poles, mailboxes, fences and signs as necessary • Channelization • Traffic signs • Street trees • Planter strips between the curb and sidewalk • Street lighting • Erosion control both temporary and permanent • Retaining walls where necessary • Undergrounding of electrical facilities • Wheel chair ramps in the curb and sidewalk at the intersections • Traffic signal revisions as necessary at both ends of the project • Utility stubs and extensions as necessary • Removal of existing improvements as necessary B-1 Exhibit B to Resolution of Intent For LID No. 364 - x r _._.-.. 70 ...._. 4T4!AVE.�1/E_S.E. ... p � m m A � � N > M" TH I y w •.I/ 10 N oLqI ®D� ICIICICJIIJ = �C]C Y E. ml I ISTH AVE.S.E. w ry CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Resolution No. (the "Resolution") is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on February 5, 2013, as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this day of February, 2013. CITY OF KENT, WASHINGTON RONALD MOORE, CITY CLERK P:\CiviD solution\LID 364 Resolution Of Intent.Doc Z KENT "^ Agenda Item: Other Business — 8B TO: City Council DATE: February 5, 2013 SUBJECT: Human Resources Community Outreach Position - Approve MOTION: Move to approve the .60 part-time benefitted position for the Human Resources Department. SUMMARY: As part of the Council's Strategic Plan, particularly the idea of fostering inclusiveness, the Council has highlighted improving the diversity of staff that works for the City. In the 2013-2014 Proposed Budget, the Human Resources Department proposed $25,600 to fund an outreach program designed to connect with local agencies providing job training. Human Resources added additional funds from an under-filled full-time analyst position to create a part-time benefitted position. This work will require developing long-term relationships, thus the ability to maintain the same employee in the same position over time is important for successful results. The position will gather an understanding of the typical work available (temporary/seasonal maintenance positions) to provide job coaches and their students. The individual will attend meetings where agencies convene, meet directly with service agencies, and provide information on the application process. In addition, this employee can provide information directly to the hiring manager on how to market to diverse communities. EXHIBITS: None RECOMMENDED BY: Operations Committee on January 15, 2013 BUDGET IMPACTS: None Z KENT "^ Agenda Item: Bids — 9A TO: City Council DATE: February 5, 2013 SUBJECT: Hawley Road Levee Improvements — Award MOTION: Move to award the Hawley Road Levee Improvements Project to SCI Infrastructure, LLC, in the amount of $541,925.36 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This project consists of constructing approximately 835 linear feet of levee including raising the existing Hawley Road, adjusting existing utilities, detention pond excavation and other miscellaneous work related to reconstruction and certification of the Hawley Road Levee. The Engineer's estimate was $716,932.64. A total of 14 bids were received. The Public Works Department recommends awarding the contract to SCI Infrastructure, LLC. EXHIBITS: Memorandum dated 01/29/2013 RECOMMENDED BY: Public Works Director BUDGET IMPACT: The project will be funded through a combination of a state grants, and City drainage funds. The state grant will reimburse the City roughly $900,000 for the costs of the Conditional Letter of Map Revision incurred after July 1, 2011, and all design and construction costs for the same time period through June 30, 2013. PUBLIC WORKS DEPARTMENT Timothy ]. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. W n s"' N G 7 0 N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: January 29, 2013 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Hawley Road Levee Improvements Bid opening for this project was held on Tuesday, January 29, 2013 with 14 bids received. The lowest responsible and responsive bid was submitted by SCI Infrastructure, LLC in the amount of $541,925.36. The Engineer's estimate was $716,932.64. The Public Works Director recommends awarding this contract to SCI Infrastructure, LLC. Bid Summary 01. SCI Infrastructure, LLC $541,925.36 02. Scarsella Brothers, Inc. $590,180.91 03. Lloyd Enterprises, Inc. $597,497.66 04. Archer Construction, Inc. $620,511.26 05. Active Construction Inc. $624,911.00 06. Hoffman Construction, Inc. $642,946.80 07. Goodfellow Brothers, Inc. $647,056.31 08. Tapani, Inc. $662,450.09 09. Fury Site Works, Inc. $714,651.16 10. Road Construction NW $744,619.44 11. Stan Palmer Construction, Inc. $748,035.02 12. DPK, Inc. $763,201.86 13. Titan Earthworks, LLC $768,204.92 14. Westwater Construction Co. $825,585.11 Engineer's Estimate $716,932.64 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 �40��� Parks and Human Services Committee Meeting DENT November 15, 2012 v,AIni� T.o Council Present: Acting Chair: Elizabeth Albertson, Dana Ralph, Dennis Higgins for Debbie Ranniger. Item 1: Minutes of October 18, 2012 - Approve Ralph moved to approve the minutes of September 20, 2012. Higgins seconded. The motion passed 3-0. Item 2: Human Services Fundina Ordinance - Adopt Merina Hanson, Human Services Senior Planner stated that in 2011, Human Services requested a budget adjustment of $95,000.00 for 2012. This was due to a significant decrease in the human services 1% funding allocation which was a result of the decline in the economy and impacts from the RFA. The request kept funding at an even level. At that time, staff reported that the Human Services Commission would be recommending a new funding strategy to council in 2012 , so it would be less vulnerable. A variety of options for funding were pursued and discussed. The Human Services Commission recommends council adopt a new ordinance for per capita funding. The per capita funding creates a stable funding source. At its highest the human services fund was $9.30 per capita. The current allocation is $6.95 per capita. Based on the baseline budget projection for 2013 the per capita rate would drop to $6.03. Hanson said that the amount in the Ordinance is blank because it will depend on the budget and once the budget is adopted, the amount will be plugged into the Ordinance. Early in the budget process council received a report of what the different rates were and what the funding level will be for the agencies. Jeff Watling, Parks, Recreation and Community Services Director, offered to bring that data to the Budget Workshop on Saturday. Hanson confirmed the per capita amount is relative to the funding backfill requested each year. Albertson asked about the drop in rates from original discussions. Hanson shared that the Commission revised the amount to better match the current budget. Higgins asked about the salary of the Internal Auditor position. Hanson responded that the Human Services Coordinator position would be out of the General Fund and is not included in this Ordinance. The position is determined in the budget process. Katherin Johnson, Manger of Housing and Human Services, came to the table and referenced the additional amount of funding supports a Human Services Coordinator is to manage contracts. There is another Ordinance that says salaries cannot be funded. Watling reminded council that if salary needs are pulled out of per capita then the funding needs to come from somewhere. Page 1 Higgins asked for clarification to get this to a per capita funding model. Katherin responded that Jason Johnson and Merina Hanson's salaries would need to be split. It includes an inflator that depends on CPI. Albertson stated that originally the goal was to generate a consistent revenue stream. She is not comfortable paying for staff and amending the Ordinance to do so. She prefers to keep the funds for services only. Watling responded that this is general fund and funding for staff needs to be found somewhere. Johnson reiterated that Human Services funding is not from a special fund, it's from the general fund. Ralph asked if having staff salaries in this budget creates security for these positions. Johnson reiterated that human services funding is not through a special fund, it's from the general fund. Staff salaries are in the general fund. The per capita funding would come from the general fund. Higgins reminded everyone that further and specific discussion on this topic will continue on Saturday at the Budget Workshop. This subject is on the agenda. The idea is to get the ordinance through committee with a blank amount until after the budget has been presented and then a solid number can be applied. Watling stated that a rate discussion needs to occur before the dollar amount is decided upon during budget discussion. Higgins moved to recommend approving the Human Services Funding Ordinance. Ralph seconded. The motion passed 3-0. Item 3: Parks Infrastructure Next Steps - INFO ONLY Jeff Watling, Parks, Recreation and Community Services Director referenced the results of the ballot measure when voters voted down the Parks and Roads Levy. Watling stressed the growing need to reinvest in our park system. Current Capital Budget • Kent's 2012 capital budget included $285,000 for parks capital needs. • If the rate of investment over the past 4 years continues, the backlog of aging assets will continue to grow. • The levy money would have provided an additional $3,000,000 a year for parks capital improvements. Ralph asked for a per acre comparison with other local cities. Watling responded that staff can get that information. Page 2 Parks Capital Needs 2011 Parks Facilities Assessment The analysis looked at 240 assets. 79 assets (32%) were ranked 1 or 2 = being the most critical. 63% of parks contain at least one asset ranked 1 or 2. Assets with a score of 1 or 2 are only marginally functional. Since the analysis, assets have continued to age. 64 assets (28%) were ranked 3. The levy projects focused on addressing failing assets within our most popular parks, as recommended by a citizens' advisory group. Following is a park-by-park look at assets in critical need of attention and anticipated loss of functionality, if not addressed. Watling stated that some of the threes will become ones and twos in the near future. He reiterated that we need to take care of what we've got and what we need to do is find capital to make it happen. Green River Loop Trail Key Renovations • Replace rotting restroom at Van Doren's. • Replace aging and undersized playground at Van Doren's. • Repave parking lot at Van Doren's. • Improve trail connections, signage, and safety. If not addressed • Regular safety inspections of playground. • Continued patching of parking lot. • Monitoring of restroom building for safety. • Anticipated restroom closure. Kent Memorial Park Key renovations • Replace dilapidated restroom/concession building. • Repave parking lot. • Formalize neighborhood trail. • Replace bleachers on field one. If not addressed • Draw from existing resources to perform regular maintenance to keep building operational. • Continue to fill pot holes. Anticipated closure of back driveway. Anticipated removal of bleachers. Ability to host/attract tournaments in question. Page 3 Hope Gibson, Manager of Parks Planning and Development interjected that the ones and twos are being addressed today, and a few threes, but this list doesn't address all of our parks with issues. Lake Fenwick Park Key renovations • Replace floating walkway/fishing dock. • Replace eastern stairs connecting the park to the Green River Trail. • Repave middle parking lot. • Pave boat launch and disc golf course parking lots. • Improve trail conditions. If not addressed • Close monitoring of floating walkway. • Close monitoring of eastern stairway. Anticipated removal of floating walkway and fishing dock. Anticipated trail closure. Park becomes segmented with loss of a floating walkway connection (a bridge to nowhere). Lake Meridian Key renovations Replace aging swimming/fishing dock. Higgins asked what the downside is from not having the dock. Watling responded that given the popularity of the park, with 80,000 visits during the summer months, the dock separates fishing, sunbathing and swimming. It contains the swimming area, as well as access - egress and ingress. If not addressed As recommended by report prepared by engineering consultant. Implement a program of regular inspection and repair. • Draw from existing resources to perform frequent maintenance in order to keep docks in service. • Anticipated dock removal, at an estimated cost of $125,000. Mill Creek Earthworks Park Key renovations • Complete drainage improvements. • Replace two sets of stairs. • Redevelop trail system. If not addressed • Continue efforts to keep people off stairs. • Continue efforts to keep people off trails. Page 4 Majority of the lawn continues to be unusable following rain events. Russell Road Park Key renovations • Repair and resurface parking lots. • Replace play structure. • Convert field one to a multi-use synthetic field. • Reconfigure pathways/lighting. • Replace restroom. If not addressed • Continue to patch parking lots as needed. • Perform regular safety inspections of the playground. • Continue scheduling Field One as a seasonal facility. • Attractiveness for holding regional/national tournaments in question. Springwood Park Key renovations • Redevelop a failing neighborhood park into a community park. • Possible additions: destination playground, parking lot, restroom, picnic shelters, sport court, spray park, and improved visibility through grading. If not addressed • Continue to address individual incidents of vandalism and decay as resources allow. • Park will continue to function as an isolated space. • Park will continue to attract undesirable activities. West Fenwick Park Key renovations • Replace play equipment. • Replace exercise equipment. • Refurbish playfield drainage and irrigation. If not addressed • Playfield remains unusable during dry and wet periods. • Close monitoring of playground safety. • Close monitoring of exercise equipment. • Removal of equipment as it becomes unsafe. Wilson Playfields Key renovations • Replace synthetic turf. • Repair damaged fence posts. • Construct picnic shelter. Page 5 If not addressed • Continue to evaluate fields to confirm compliance with Gmax safety standards. • Continue to draw from existing resources to meet increased maintenance needs. • Close fields when they fail to meet safety standards. Albertson asked how close we are to closing the park without the infusion of capital. Watling responded that hopefully we can make it for 1-2 more years. Neighborhood Parks The levy included $1.8 million to address failing assets in neighborhood parks. 28 Assets in neighborhood parks were determined as being a "1" or "2" in the 2011 assessment. These assets have a replacement value of slightly over $3,000,000. When the assessment is updated, we can expect the number of"1's" and "2's" to have increased. Next Steps • The need to address aging assets does not go away. • Functionality within our park system continues to decline. • Decline will continue at an increasing rate if reinvestment does not occur at a healthier rate. • Careful planning and capital expenditures are needed under any potential scenario of reinvestment or system decay. Watling stated that staff will continue to be wise stewards of the city's park land. We want to be that incredible urban public space. We will continue with the hard work and passion on the staff end, but we can't do it without money. Albertson commented that people don't want to purchase a home that is next to a park that is failing, rotting or closing. Since the voters have stated that they won't increase their taxes to cover the cost for capital projects, we may have to suffer the consequences. Very concerned that parks that generate such revenue for the surrounding businesses might be closed down. Tournaments in our athletic fields have significant financial impacts to local hotels and restaurants. Higgins wants the advisory committee to reconvene and see what the will and thoughts of that group is. There may be a desire by the group to run another campaign. Higgins feels we also have to be realistic - the voters have spoken. Maybe we didn't do a good job of education them, perhaps they don't want parks or playfields for their kids. He wants to work toward finding a solution and he wants to do a better job of explaining the situation. We can't fix things without the money. Ralph agrees with re-organizing the advisory group to include them in the discussion as we move forward with this issue. She feels discussion should continue and maybe the list Page 6 needs to be pared down again, maybe some of the key parks should be the only ones fixed at this time. We can only patch for so long. Higgins stated that he understands why some voters were against the Levy and the financial challenges of the citizens today. He notes that Kent residents have experienced financial hardship in the past but that Kent residents created the park system we have today. He wants to leave the park system at the same level he inherited it. He stated that we need to educate the public. It's not always easy and there are sacrifices that sometimes need to be made. He wants to find a way to make this work. Albertson said maybe other strategies need to be reviewed. She referred to the BERK Study as well as the economic hits. She feels we need to come up with another funding source for the ones we've lost - such as the Streamlined Sales Tax, REET, etc. She appreciates the idea of bringing back the citizens group. Item 4: Riverbend Golf Complex Status Report - INFO ONLY Pete Petersen Superintendent of Riverbend Golf Complex and Jeff Watling, Director of Parks, Recreation and Community Services reported on the status of the Riverbend Golf Complex. Golf Courses are a Weather Dependent Enterprise: • lst quarter 2012 — Bad • 2nd quarter 2012 — Bad • 3rd quarter 2012 — Great • 4th quarter 2012 — Average (knock on wood) 2012 Year-End Proiection: • Trending in the right direction. • Projecting a $97,121 loss. • Loss includes Golf Fund revenues into General Fund (Admissions Tax and General Government charge). • Phase II rate increases in 2013 and continued operating efficiencies, look to keep moving positive trend line. The Big Picture: Three Golf Fund Issues to be Resolved: • Debt re-payment. • Capital re-investment. • Annual operating balance. • Any option we pursue should provide a solution to all three of these issues. • Staff is prepared for that discussion heading into 2013. Page 7 Comparable Cities' 2012 Capital Expenditures Per Acre of Developed', Park Land', 5n au nnna �,ml n.v avHmn ernnm "omm5 ew�rc Albertson noted that if you take the bottom line, which is showing a loss, and back out the Admissions Tax, and the General Government charge (city services, such as Finance and Law) the balance would actually be $82,000 in the black. Watling agreed, but stated that it's still a part of the budget. The taxes and the general government charges would have to be backed out in other budgets and the bottom line would be the same. Ralph asked how much of the general government charge is actually charged by each division (Finance and Law) - what is actually hard costs. Watling responded that we do not have exact amounts of how the fees are charged within city services. He is not suggesting those charges be taken out of the Riverbend budget just so they can show up as a deficit somewhere else in the general fund. We do need to concentrate on the paying back the debt fund for Riverbend and to get the operating budget healthy. Albertson noted that in looking at the Riverbend numbers, it's not the black hole of debt that it appears to be in financial reports. Ralph stated that the budget and the actuals aren't matching. Watling responded that the numbers reflect the partnership between Riverbend and Finance in terms of how the target is set. As an enterprise, whatever the budget projections show, our goal is to break even or do better. Ralph prefers being more realistic in the projections. Higgins asked about cost controls and how we can reduce our costs. Pete Petersen, Superintendent of Riverbend said many reductions and/or changes have been made to the operations at Riverbend: expenses were reduced by over $165,000, while raising over $170,000 in revenue, a reduction in plays at the Par 3 resulted in a drop in maintenance costs, revenue center hours were reduced, staff hours have been restructured, and with the creation of a new work schedule, overtime has been reduced by over $100,000. Page 8 Higgins questioned having a Pro Shop, if it's just breaking even. Watling responded that the revenue center is making a profit even including payroll. Petersen stated that inventory has also been reduced and that they've sold a lot of older product. Petersen stated that vendors have price points on golf inventory, as with other municipal golf courses. Higgins stated that with enterprise funds, the goal is not to lose money and because there is a debt to repay, council is looking at this issue with more scrutiny. Council will be talking more about this at the budget workshop on Saturday. The goal is for the city's budget not to be in a deficit, or to have a plan to be out of deficit. He likes where this is moving and appreciates the work staff is doing. He needs more confidence that the city is not running more deficits. Watling stated that staff has had very intense conversations about the golf course. Staff want to be out of debt as well and welcomes creative ideas, in addition to the scrutiny and dialogue with council. Item 5: Director's Report - INFO ONLY Meeker Street Planting Plan Watling reported that a couple years ago, the responsibilities with the downtown area were redefined. From 4th Avenue to Railroad and Smith to Gowe, all street maintenance was transferred from Public Works to Park Operations, including parks, planting beds, flower beds, etc. A lot of progress has been made since then. Park Operations has made a lot of changes to the level of maintenance. Along Meeker Street the planting beds were re-designed with updated irrigation, corrected soil amendments and pedestrian-feel changes were made. The meeting adjourned at 6:30 p.m. Submitted by, 7'011 J'etrlol� Teri Petrole City Council Committee Secretary Page 9 PUBLIC WORKS COMMITTEE Minutes of Monday, January 7, 2013 COMMITTEE MEMBERS PRESENT: Committee Chair Elizabeth Albertson and Committee members Dana Ralph and Dennis Higgins were present. The meeting was called to order at 4:11pm. Item 1 — Approval of Meeting Minutes Dated December 3, 2012: Higgins MOVED to approve the minutes of December 3, 2012. The motion was SECONDED by Ralph and PASSED 3-0. Item 2 — Information Only/King County Solid Waste — Interlocal Agreement• Gina Hungerford Conservation Coordinator introduced Kevin Kiernan, King County Assistant Public Works Director. Kiernan provided an informative PowerPoint presentation outlining the Solid Waste — Interlocal Agreement (SW—ILA) that will be between King County and Cities that contract with King County to dispose of waste at Cedar Hills Landfill. Kiernan stated the new ILA includes several significant enhancements over the original ILA. Listed below are some of the enhancements: • Liability - Establish a protocol for payment of Environmental Liabilities, if and when they arise, including insurance and reserves. The intent is to protect both City and County general funds from Environmental Liabilities. • Extend the ILA thru the year 2040 • Long term solid waste planning • Dispute resolution Staff will bring this item back for action at a later date. Information Only/No Motion Required Item 3 — James Street Stormwater Outfall Retrofit Acceptance of Statewide Stormwater Grant: Kelly Casteel, Design Engineering Supervisor noted that the Public Works Department was successful in obtaining a $75,000 Grant from the State Stormwater Grant Program for this project. Casteel noted that James Street is very steep east of Central Avenue and that it is a Priority Level-1 for sanding during icy conditions. The area also has recurring localized flooding. This project would reduce potential impacts to Mill Creek by installing a large vault to catch sediment, preventing it from entering Mill Creek. The vault structure will be monitored after storms to identify when maintenance is needed, ensuring sand and sediment do not enter Mill Creek. PUBLIC WORKS COMMITTEE Minutes of Monday, January 7, 2013 The Public Works Department anticipates construction of this project in spring of 2013 in conjunction with the James Street Pump Station Project. The State grant funds cannot be billed until they have been accepted by the City Council. Ralph MOVED to recommend Council authorize the Mayor to accept the FY2012 Statewide Stormwater Grant in the amount of $75,000 for the James Street Stormwater Outfall Retrofit Project and direct staff to establish a budget for the funds, 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 4 — Right-of-Way Dedication/Pacific Highway S. at South 242"d Street: Mark Howlett, Design Engineering Manager noted that the City of Kent owns a small (864 square foot) parcel remnant that was once S. 242nd Street, adjacent to Pacific Highway South. To the west of this remnant S. 242nd Street is unopened City of Kent public right-of-way. Further to the west, S. 242nd Street is improved and connects to City of Des-Moines. The adjacent property owners have submitted plans to the City to construct a new development on their property. As part of that development they would like to upgrade S. 242nd Street and use it as their access to and from Pacific Highway South and connect this street to the open portion of S. 242nd to the west. The city must convert this property to Public Right-of-Way. Higgins MOVED to recommend Council authorize the Mayor to sign the Quit Claim Deed dedicating Right-of-Way for South 242"d Street at Pacific Highway South, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. Item 5 — Contract/Columbia Basin Water Works — Large Meter Testing & Calibration: Kevin Swinford, Interim Water Superintendent presented a PowerPoint presentation on Large Water Meter Testing and Calibration. Swinford explained that testing the City's large water meters is important to ensure accuracy in measuring water use. Water revenue generated from large meters is approximately 50% of annual water revenues. It is important that we test the accuracy for water customers to guarantee correct billing. Testing ensures we meet the American Water Works Association (AWWA) standards. This contract is for a two year period 2013-2014 and will include testing and calibration of over one hundred large meters. Repairs will be made as needed. PUBLIC WORKS COMMITTEE Minutes of Monday, January 7, 2013 Ralph MOVED to recommend Council authorize the Mayor to sign a contract with Columbia Basin Water Works for testing and calibration of large distribution water meters, in an amount not to exceed $20,000 subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 6 — Amendment to the Conservation Futures Interlocal Cooperation Agreement — McSorley Creek Wetland Acquisition Grant: Matt Knox, Environmental Ecologist noted that this grant will reimburse the city for the purchase of 40.58 acres of land within an area generally known as the McSorley Wetland, a large, high quality wetland in the southwest corner of the city. This agreement provides for transfer of $300,000 of King County Conservation Futures Levy funds to pay for this purchase. The remaining $26,000 will come from the storm drainage fund. Higgins MOVED to recommend Council authorize the Mayor to sign the Amendment to The Conservation Futures Interlocal Cooperation Agreement with King County to reimburse the City $300,000 for purchase of 40.58 acres of property known as the McSorley Creek Wetland acquisition, 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 7 — Contract/Boeing — Pacific Gateway Easement Releases: Chad Bieren, City Engineer noted that about 10 years ago Boeing platted a number of large parcels near its facility on 212th Street, in anticipation of developing the area into warehouse/ industrial spaces. Several easements were granted to the city for utilities that would have served these properties. Due to the slow economy utilities and infrastructure were never constructed and the associated property was not developed. Boeing plans to sell the property to a developer who has proposed warehouse/industrial development in a different configuration than the original plan. Therefore, the existing easements are not needed and they need to be cleared from the property title in order for the new development to move forward. Ralph MOVED to recommend Council authorize the Mayor to sign easement releases for the Pacific Gateway property, subject to terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. PUBLIC WORKS COMMITTEE Minutes of Monday, January 7, 2013 Item 8 — Information Only/2012 Construction Proiect Review: Tim LaPorte, Public Works Director introduced Paul Kuehne, Construction Supervisor and three Owner Representatives; Jason Barry, Jason Bryant and Phil McConnell. Kuehne noted that Barry is the project coordinator for all the construction projects that will be highlighted. Barry was speaking on behalf of Dave Devine who is also an Owners Representative but was unable to attend the meeting. Jason Barry briefed the committee on the various projects each of the Owners Representatives was responsible for. Barry stated that between the three Owners Representatives they saved the city $100,000 Committee members thanked each of them for their hard work and cost saving ideas. Information Only/No Motion Required The meeting was adjourned at 5:03 p.m. Cheryl Viseth Council Committee Recorder EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION