HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/20/2013 CITY OF KENT
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Agenda
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August 20, 2013
Mayor Suzette Cooke
Dennis Higgins, Council President
Councilmembers
Elizabeth Albertson
m Bill Boyce
Jamie Perry
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Dana Ralph
u Deborah Ranniger
we
Les Thomas CIFY CLERK
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KENT CITY COUNCIL AGENDAS
KENT August 20, 2013
W>_HI. N Council Chambers
Mayor Suzette Cooke
Dennis Higgins, President
Councilmember Elizabeth Albertson Councilmember Bill Boyce
Councilmember Jamie Perry Councilmember Dana Ralph
Councilmember Deborah Ranniger Councilmember Les Thomas
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COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Revenue Estimates for 2014 Budget Bob Nachlinger 60 minutes
**********************************************************************
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to be
recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Intergovernmental Reports
D. Public Safety Report
5. PUBLIC HEARINGS
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. Creekside Building Bill of Sale - Accept
D. Hartung Glass Bill of Sale - Accept
E. Seven Oaks Park Playground Equipment Agreement - Authorize
F. Bennett Group Consulting Services Contract - Civility Training -
Approve
(Continued)
COUNCIL MEETING AGENDA CONTINUED
G. Cumulative Grant Donations to the Youth Conference and Drinking
Driver Task Force Funds — Accept
H. Washington Auto Theft Prevention Authority Grant — Accept
I. King County Sheriff's Office Cost Reimbursement Agreement —
Authorize
J. North Star Contract — Firing Range Repairs — Authorize
K. State Farm Grant — Illegal Street Racing Enforcement — Accept
S. OTHER BUSINESS
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Property Acquisition
B. Labor Negotiations
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. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
1) Revenue Estimates for 2014 Budget
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
C) Intergovernmental Reports
D) Public Safety Report
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 regular Council meeting of August 6, 2013.
7B. Approval of Bills.
Approval of payment of the bills received through June 30 and paid on June 30
after auditing by the Operations Committee on August 6, 2013.
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/30/13 Wire Transfers 5523-5534 $1,237,831.45
6/30/13 Regular Checks 674252-674665 5,710,514.61
6/30/13 Use Tax Payable 2,048.18
$6,950,394.24
Approval of payment of the bills received through July 15 and paid on July 15
after auditing by the Operations Committee on August 6, 2013.
Approval of checks issued for vouchers:
Date Check Numbers Amount
7/15/13 Wire Transfers 5535-5552 $1,654,243.14
7/15/13 Regular Checks 674666-675003 1,049,697.12
7/15/13 Use Tax Payable 2,580.90
$2,706,521.16
(Continued on back)
7B. Approval of Bills.
Approval of checks issued for payroll for June 16 through June 30 and paid on
July 5, 2013:
Date Check Numbers Amount
7/5/13 Checks 332168-332344 $ 101,676.36
7/5/13 Advices 315834-316469 1,240,383.74
$1,342,060.10
Approval of checks issued for payroll for July 1 through July 15 and paid on
July 19, 2013:
Date Check Numbers Amount
7/19/13 Checks 332345-332514 $ 105,193.56
7/19/13 Advices 316470-317108 1,192,439.07
$1,297,632.63
�1 KENT
Kent City Council Meeting
August 6, 2013
The regular meeting of the Kent City Council was called to order at 5:04 p.m. by
Mayor Cooke. Council President Higgins was excused from the meeting.
Councilmembers present: Mayor Cooke, Councilmember Albertson, Perry, Ralph,
Ranniger, and Thomas. Councilmember Boyce arrived after the start of the executive
session.
Mayor Cooke announced that Councilmember Ralph would be serving as Council
President Pro Tem for the meeting in Council President Higgins' absence.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. Interim Chief Administrative Officer
Brubaker added that there would be an executive session concerning property
negotiations.
B. From the Public. None.
PUBLIC COMMUNICATIONS
A. Public Recognition. None.
B. Community Events. None.
C. Interaovernmental Report. Acting Council President Ralph communicated that
the Regional Law, Safety, and Justice Committee cancelled their July meeting and will
continue discussion on mental health and the justice system at their next meeting in
late August.
Councilmember Albertson said the August meeting of the King County Regional Water
Quality Committee has been cancelled.
PUBLIC COMMENT
None.
CONSENT CALENDAR
Acting Council President Ralph moved to approve Consent Calendar Items A
through G. Councilmember Thomas seconded. Motion carried 5-0 and the
following items were approved:
A. Minutes of the workshop and regular Council meeting of July 16, 2013.
B. There were no bills to approve.
1
Kent City Council Minutes August 6, 2013
C. Excused Absence. Council President Higgins was excused from the Council
meeting of August 6, 2013.
D. Wetland Mitigation Monitoring Contract with Environmental Science
Associates. The Mayor was authorized to sign a consultant services contract with
Environmental Science Associates, in the amount of $32,765, for completion of
required wetland mitigation monitoring, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
E. Emergency and Public Safety Purchase. The purchase or repair of fleet
vehicles, equipment used for public safety and emergency purposes and the repair of
emergency vehicles and equipment to return them to service as soon as possible,
without further council or mayoral approval, so long as the expenditure is: less than
$60,000; is consistent with all other procurement requirements; is reported to the
Public Works Committee at their next regularly scheduled meeting; and is within
established budgets, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director was authorized was authorized.
F. State Grant for Commute Trio Reduction Law Implementation. The Mayor
was authorized to sign the Transportation Demand Management Implementation
agreement, Washington State Department of Transportation (WSDOT) #GCB1565, for
the term July 1, 2013 through June 30, 2015, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
G. Economic & Community Development Department Office Tech I Permit
Center Position. The Limited Term Office Tech I Position in the 2013-2014 budget in
the Permit Center, Economic & Community Development Department was authorized.
BIDS
A. Hawley Road Levee Improvements. Phase 2. Mark Howlett presented the
details of this bid and the project to the Council. He discussed SCI Infrastructure and
their history with the City.
Councilmember Albertson moved to award the Hawley Road Levee
Improvements, Phase 2 Project contract to SCI Infrastructure, LLC, in the
amount of $442,679.76, and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director, seconded by Acting Council President
Ralph. Motion carried 5-0.
Councilmember Albertson noted that the contract is about $50,000 less than the
engineers estimate.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. Acting Council President Ralph noted that there was no report
and tonight is National Night Out.
2
Kent City Council Minutes August 6, 2013
B. Mayor. No report.
C. Administration. Interim Chief Administrative Officer Brubaker communicated that
there will be a 20 minute executive session.
D. Economic & Community Development Committee. No report.
E. Operations Committee. No report.
F. Parks and Human Services Committee. Councilmember Ranniger noted that
the meeting for August is cancelled.
G. Public Safety Committee. Councilmember Thomas reported that the next
meeting is August 13th at 5:30 p.m.
H. Public Works Committee. Councilmember Albertson stated the August 5th
meeting is cancelled and the next meeting is August 19th is 5:00 p.m.
I. Reaional Fire Authority. Councilmember Thomas said the Regional Fire
Authority meeting tomorrow is cancelled.
EXECUTIVE SESSION
At 5:12 p.m., the Council adjourned into Executive Session, for a period of
twenty-five minutes.
At 5:37 p.m., Mayor Cooke extended the Executive Session for an additional
five minutes.
At 5:42 p.m. Mayor Cooke extended the Executive Session for an additional
ten minutes.
At 5:52 p.m. Mayor Cooke extended the Executive Session for an additional
ten minutes.
At 6:02 p.m. Mayor Cooke extended the Executive Session for an additional
ten minutes.
At 6:12 p.m. the regular meeting reconvened.
ADJOURNMENT
The meeting adjourned at 6:13 p.m.
Ronald F. Moore, MMC
City Clerk
3
KENT Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: August 20, 2013
SUBJECT: Creekside Building Bill of Sale - Accept
MOTION: Accept the Bill of Sale for the Creekside Building Project, permit
#2061716, for 1 gate valve and 2 hydrants.
SUMMARY: The Creekside Building project is located at 18802 80th Avenue South;
parcel #3623049116.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None
i
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WASHINGTON
MAR,TO:
ENGINEERING DEPARTMENT
ATTN: Heather Thomas
220 4`n AVENUE SOUTH
KENT,WASHINGTON 98032
PROJECT: Creekside Building
LOCATION: 80"Avenue South
TAX ACCT NO: 362304-9116
BILL OF SALE
CITY OF KEA NT
KING COUNTY,WASHINGTON
THIS INSTRUMENT made this day of 20 'by
and between Kent North,LLC ,
hereinafter called"Grantors", and City of Dent, a municipal corporation of King County, State of
Washington,hereinafter called"Grantee":
WTTNESSETH:
That the said Grantors for a valuable consideration, does hereby grant,bargain, sell to
Grantee the following described improvements:
A. WATERMAINS: together with a total of 1- 6-inch gate valves at$500.00
each, 2 hydrants at$2.600.00 each and/or any other appurtenances thereto.
ON FROM TOO
(street,esmt, etc) South 188 b Strect 80t°Avenue South
Including 0 linear feet at$ per LIT of
(size&type) waterline.
B. SANITARY SEWERS: Together with a total of 0 manholes at
$ each and/or any other appurtenances thereto.
1 of
Bill of Sale 12091.022.doe
ON FROM TO
(street, esmt, etc)
Including 0 linear feet at$ per LF of
(size& type) sewer line.
C. STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances
thereto.
ON FROM TO
(street, esmt, etc)
Including 0 centerline LF at $ per LF of
(type) streets, Feet asphalt roadway.
A STORM SEWERS: Together with a total of 0 manholes at $
each or a total of catch basins at$ each, LF of
biofiltration swale or drainage ditch with a total cost of$ CF of
detention pond storage with a total cost of$ , and/or any other
appurtenances thereto.
ON FROM TO
(street, esmt, etc)
Including o linear feet at$ per LF of
(size &type) sewer line.
To have and to hold the same to the said Grantee, its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the
same is free from all encumbrances; that all bills for labor and material have been paid;
that it has the right to sell the same aforesaid; that it will warrant and defend the same
against the lawful claims and demand of all person.
The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its
successors and assigns to incorporate said utilities in its utility system and to maintain them
as provided in the applicable City Ordinances.
IN WITNESS WHEREOF,,the undersigned has caused this instrument to be executed on
this � _. day of 120
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I
2 of 4
Bill of Sale 12091.022.doc
STATE OF WASHINGTON )
) SS
COUNTY OF KING
t )
On this !-�V day of&( %/ ?NL e , 20 C3-7 before me,the
undersigned A Notary Public iyu�an�d for the State of Washington, duly commissioned and
sworn,Personally appeared if �'7 ! Sly to me known to be the
individual described in and who executed the foregob instrument, and acknowledged to
me tha he she signed and sealed this instrument a his her free and voluntary act and deed
for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this /-Aayof/V'q14a-P&2 20 0
4Notaublic
SUI SC��M ina d for the
Notear+t Public hington,residing at
My (-'0;' nIsS[0n lxwros
I`pbruary 22, 2010
My Commission Expires• • Q
I
I
The Bill of Sale is given and accepted pursuant to a motion duly made,seconded, and
passed by the City Council of the City of Kent,King County,Washington,on the
day of 20
3 of 4
Bill of Sale 12091.022.doo
ADDENDUM TO BILL OF SALE
CITY OF KENT
The figures used on the Bill of Sale for CreeksidcBuilding
project dated 8-28-06 were
based on the "As-Built' Engineering Plans dated 11-1-07 for
the same said Creekside Building project.
Ali Sadr the
undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill
of Sale and is an employee of Barghausen Consulting Engineers,Inc. , the firm
i
responsible for the preparation of the "As-Built" Engineering Drawings. j
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gnature'
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4 of 4
Bill of Sale 12091.022.doc
i
KENT Agenda Item: Consent Calendar - 7D
TO: City Council
DATE: August 20, 2013
SUBJECT: Hartung Glass Bill of Sale - Accept
MOTION: Accept the Bill of Sale for the Hartung Glass project, permit
#2061114, for 7 gate valves, 4 hydrants, 1,509 linear feet of waterline, 1 sanitary
sewer manhole, 183.10 linear feet of sanitary sewer line, 689.70 linear feet of new
street, 2 storm sewer manholes, 3 catch basins, and 597.32 linear feet of storm
sewer line.
SUMMARY: The Hartung Glass project is located at 18805 80th Place South; parcel
#3623049026.
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: None
r
WASH IN G T O N I
MAIL TO:
ENGINEERING DEPARTMENT
ATTN: Heather Thomas j
220 4TH AVENUE SOUTH
KENT,WASHINGTON 98032
PROJECT: Hartung Glass/2061114
LOCATION: 18805-80"Place S.
TAX ACCT NO: 362304-9026
BILL OF SALE
CITY OF KENT \+
KING COUNTY,WASHINGTON
THIS INSTRUMENT made this 21 st day of November 2007 by
and between Sciola Family Properties, LL0
hereinafter called "Grantors", and City of Kent,a municipal corporation of King County,State of
Washington,hereinafter called"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to
Grantee the following described improvements:
A. WATE MAIN : together with a total of 7--8-inch gate valves at$ 800.00
each, 4 hydrants at S 2.600.00 each and /or any other appurtenances thereto.
ON FROM TO
(street,esmt,etc) 15-foot wide water main easement on the north,west and south side of the building
Including 1509 linear feet at$30.00 per LF of
(size& type) 8-inch Ductile Iron waterline.
B. SANITARY SEWERS: Together with a total of 1 manholes at
$2.200.00 each and/or any other appurtenances thereto.
I of
Bill of Sale 12091.023.doc
ON FROM TO
(street, esmt, etc) 15-foot wide easement crossing 80'h Place S. at STA 10+83+/-
Including 183.10 linear feet at$30.00 per LF of 8-inch PVC
(size&type) sewer line.
C. STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances
thereto.
ON FROM TO
(street, esmt, etc) 80'h Place South STA 8+45.95 15+35.65
Including 689.70 centerline LF at$200.00 per LF of Arterial
(type) streets, Feet asphalt roadway.
D. STORM_SFWFUS: Together with a total of 2 manholes at$1,800.00
each or a total of 3 catch basins at$900.00 each, 0 LF of
bioliltration Swale or drainage ditch with a total cost of$0 0 CF of
detention pond storage with a total cost of$ and/or any other
appurtenances thereto.
ON FROM TO
(street, esmt, etc) 8 s Place South STA 8+65.0 STA 14+60.0
Including 597.32 linear feet at$22.00 per LF of
(size &type) 12-inch PVC sewer line.
To have and to hold the same to the said Grantee,its successors and assigns forever.
i
The undersigned hereby covenants that it is the lawful owner of said property; and that the
same is free from all encumbrances;that all bills for labor and material have been paid;
l
that it has the right to sell the same aforesaid; that it will warrant and defend the same
against the lawful claims and demand of all person.
The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its
successors and assigns to incorporate said utilities in its utility system and to maintain them
as provided in the applicable City Ordinances.
IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on
this l daffy of 0 of P on &v` 120 n-7
e�
2 of 4
Bill of Sale 12091.023.doc
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this r S� day of 20 D°7 before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and
sworn,Personally appeared e:2/cf2 kJ� / /r to me known to be the
individual described in and who executed the foregoing instrument, and acknowledged to
me that he/she signed and sealed this instrument as his/her free and voluntary act and deed
for the uses and purposes therein mentioned. /
GIVEN under my hand and official seal this day of /ldt, bj44 t/ 20 D`-7
Notary Public in and for the
State of Washington,residing at
p,�fN!]FRKrrrr
ZI
g5 O E%P�R 4qu• r�j�
_yy: *RY 4J h,� Z i� My Commission Expires:
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i )ir•sV pu$" ^_
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i��rr�Iq lE\t)F qP'-
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and
passed by the City Council of the City of Kent,King County,Washington, on the
day of 20
3 of 4
Bill of Sale 12091.023.duc
ADDENDUM TO BILL OF SALE
CITY OF KENT
The figures used on the Bill of Sale for Hartung Glass
project dated 12-30-06 were
I
based on the"As-Built'Engineering Plans dated 11-1-07 for
I
the same said Hartung Glass project.
Daniel K.Balmelli the
undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill
of Sale and is an employee of Barehausen Consulting Engineers,Inc. the firm
responsible for the preparation of the"As-Built'Engineering Drawings.
Qh �L
S>Ignature
I
4 of 4
Bill of Sale 12091.023.doc
KENT Agenda Item: Consent Calendar - 7E
TO: City Council
DATE: August 20, 2013
SUBJECT: Seven Oaks Park Playground Equipment Agreement -
Authorize
MOTION: Authorize the Mayor to sign the goods and services agreement
with Landscape Structures, Inc. in the amount of $32,824.89 to purchase
playground equipment for Seven Oaks Park, subject to final terms and conditions
acceptable to the City Attorney and the Parks Director.
SUMMARY: The play equipment at Seven Oaks is the oldest in the City's park system,
originally installed in 1990. It has outlived its useful life, and over the past few
months, several components have had to be removed for safety reasons. The play
equipment was selected by a panel of citizens and city staff. The park is scheduled to
be renovated this fall.
EXHIBITS: Goods and Services Agreement
RECOMMENDED BY: Operations Committee
BUDGET IMPACTS: This purchase is being funded through the Parks Lifecycle
account.
ICENT
GOODS & SERVICES AGREEMENT
between the City Of Kent and
Landscape Structures® Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Landscape Structures Inc. organized under the laws of
the State of Minnesota, located and doing business at 601 7th Street South, Delano, MN 55328-
0198; Mfr. Rep John Larson (206) 940-1108 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
As Detailed on Quote #68714-2-2, incorporated herein as Attachment A:
Furnish play equipment - climbing structures, bridges & ramps, slides, swings, and
structural support materials - for Seven Oaks Park. This Agreement is for
equipment purchase only.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services within sixty (60) days after
contract execution signatures .
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirty-
two Thousand, Eight Hundred Twenty-four dollars and 89/100 ($32,824.89), including applicable
Washington State Sales Tax, for the goods, materials, and services contemplated in this
Agreement. The City shall pay the Vendor the following amounts according to the following
schedule:
GOODS &SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
I
One Lump Sum
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work, The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Vendor has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
B. The Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
GOODS & SERVICES AGREEMENT - 2
(Over$I0,000.00, including WSST)
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made, for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a
court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable
expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred
because there was a wrongful refusal on the Vendor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit 6 attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
I
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
John Larson Brian Levenhagen
PlayCreation City of Kent
2104 SW 152nd St., Ste 4 220 Fourth Avenue South
Burien, WA 98166 Kent, WA 98032
(206) 940-1108 (telephone) (253) 856-5116 (telephone)
johnl a)playcreation.com bilevenhagenC@kentwa.gov
APPROVED AS TO FORM:
Kent Law Department
P:\Planning\Seven Oaks\landscape Stmccures-Seven Oaks Play Egpmt Purchase-CONTPACT.doca
GOODS & SERVICES AGREEMENT - 7
(Over$10,000.00, including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 20.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20 .
By:
For:
Title:
I
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
�x A; b J- 4 - 1 of �3
1h
Wndscupe
Seven Oaks Park Opt. Bstructures"
Quote/Order Form #1306-7058
TO: APPROVAL SIGNATURE
City of Kent
Attn:Brian Levenhagen
220 4th Avenue South signature
Kent,WA 98032
T:253.856,5116
bjlevenhagen@kentwa.gov print name
Date: June 25,2013
date
Please issue Purchase Order to Landscape Structures,Inc
Lead Time U.S.A.Manufacturer Your Representative
Approximately 2 weeks Landscape Structures John Larson 206.940.1108
Quantity Model Number&Description Unit Price Total
1 lot #68714-2-2 PlayBooster Design by LSI...see attached itemized $ 30,638.00 $ 30,638.00
quote for equipment breakdown.
$
Sub Total $ 30,638.00
ORDERING INSTRUCTIONS ..
Issue Purchase Order to Landscape Structures Inc OS Contract $ (1,838.28)
Send Purchase Orderto PlayCreation,Inc.for processing Freight $ 1,177.35
Orders subject to Landscape Structures Terms&Conditions Tax @ 9.5% $ 2,847.82
Pricing on this Quote expires on August 31st,2013 TOTAL $ 32,824.89
Issue Purchase Order to: Send Order(for processing)tw
Landscape Structures, Inc. PlayCreation
601 -7th Street South 2104 SW 152nd Street, suite 4
Delano, MN 55328-0198 Burien,WA 98166
763.972.3391 206.932.6366 1 206.932.5778 fax
This is material pricing. Installation not included on this quote.
Quote Sheet
Date:06/25/2013 Rep Organization: PlayCreation, Inc. Quote No: 68714-2-2
By:nhall Contact Person:John Larson
Project Title:Seven Oaks Park Location: Kent,WA
PlaB y ooster® (
PHASE-1 Direct Bur t Bury Mixed Material UNIT TOTAL
DESCRIPTION WEIGHT PRICE WEIGHT PRICE
'I �I
CITY NO.
- -- (lb)- (US$)--` (Ib) {2013)-
PlayBooster
Bridges& Ramps
1 184490C Swiggle Stix Bridge 156.0 4,590.00
w/o Deck Connections DB
Climbers Other
1 126194A Fish Net DB 67.0 2,200.00
1 185583A RingTangle Climber 114.0 1,255.00
Ground Level'
Climbers W/Permalene Handholds
1 184605A 0-Zone 3-Ring Climber 121.0 3,605.00
Ground to Ground DB
More Fun
1 172566A Blender Spinner DB 83.0 1,865.00
5 166809A E-Pod Seat 11,0 240.00 55.0 1,200.00
1 153590A Orbiter DB Only 95.0 1,485.00
overhead Events
1 184489C Overhead Trekker Ladder 115.0 1,830.00
w/o Deck Connections DB
Slides
1 183176A Rush Slide DB Only 255.0 3,445.00
Posts
7 111404F 108"Alum Post DB 28.0 235.00 196.0 1,645.00
1 111404E 116"Alum Post DB 29.0 240,00
1 1114040 132"Steel Post DB 78.0 235.00
3 111404H 92"Alum Post DB 23.0 220.00 69.0 660.00
Freestanding Play
Climbers
1 158426A Starburst Climber DB Only 179.0 1,450.00
w/One Climbing Arm'
Signs
1 182503C Welcome Sign (LSI Provided) 24.0 0.00
Ages 5-12 years Direct Bury
Swings
1 177330A 5"Arch Swing Frame 204.0 2,335.00
8' Beam Height Only
1 177331A 5"Arch Swing Frame 124.0 1,430.00
Additional Bay 8' Beam Height Only
2 174018A Belt Seat 8.0 99.00 16.0 198.00
ProGuard Chains for 8' Beam Height
2 177350A Molded Bucket Seat 29.0 485.00 58.0 970.00
ProGuard Chains for 8' Beam Height
)Fxm
Quote Sheet
Date:06/25/2013 Rep Organization: PlayCreation, Inc. Quote No: 68714-2-2
By:nhall Contact Person:John Larson
Project Title: Seven Oaks Park Location: Kent, WA
SUMMARY CONCRETE FOOTINGS LABOR WEIGHT PRICE
(cu-ft) (count) (man-hours) (Ib) (2013)
PlayBooster®(5-12 years) PHASE-1 68.7 40 49.5 2,038.0 30,638.00
ALL PHASES PlayBooster® 50.0 31 31.8 1,433.0 24,255.00
Freestanding Play 18.8 9 17.8 605.0 6,383.00
Total 68.7 40 49.5 2,038.0 30,638.00
• The Safety Zone was not specified.
• Estimated Man-Hours do not include site preparation.
• This Quote has a total weight above 5,000 Ibs or product(s)that require a freight quote. Freight tables cannot
be used- Please contact LSI for a freight quote.
• This quote is valid for 90 days. Purchase orders submitted with an expired quote are subject to price changes.
Custom freight quotes are valid for 30. Expired custom freight quotes are subject to changes.
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO
additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
3. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products-completed
operations aggregate limit.
2. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$2,000,000 per accident.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
i
KENT Agenda Item: Consent Calendar - 7F
TO: City Council
DATE: August 20, 2013
SUBJECT: Bennett Group Consulting Services Contract - Civility
Training - Approve
MOTION: Authorize the Mayor to sign a contract with the Bennett Group, in
an amount not to exceed $10,500 for Police Department training on workplace
civility as well as workplace bullying prevention and intervention issues and
strategies, subject to final terms and conditions acceptable to the City Attorney and
Police Chief.
SUMMARY: The Bennett Group will provide training to the Kent Police Department
employees and supervisors for strengthening workplace civility as well as workplace
bullying prevention and intervention issues and strategies.
There will be 11 training sessions at a total cost of $10,500. The last training session
will be held on November 1, 2013.
EXHIBITS: Contract
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: None - included in current budget.
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Bennett Group
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Bennett Group organized under the laws of the State of
Washington, located and doing business at 23718 S.E. 281't Street, Maple Valley, WA. 98038
(425) 433-0840 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Training will be provided to the Kent Police Department educating employees and
supervisors on strengthening workplace civility as well as workplace bullying
prevention and intervention issues and strategies.
Additional details on Exhibit A, attached and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I By November 15, 2013.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed $10,500, including Washington State sales tax, for the services described in
this Agreement. This is the maximum amount to be paid under this Agreement for
the work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed
amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit a one-time payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Michelle Bennett Chief Ken Thomas
Bennett Group City of Kent Police Department
23718 S.E. 281st Street 220 Fourth Avenue South
Maple Valley, WA 98038 Kent, WA 98032
(425) 433-0840(telephone) (253) 856-5800(telephone)
Email: mdb03@comcast.net
APPROVED AS TO FORM:
Kent Law Department
P:\Civil\Fles\Open Files\0133-2013-Police General\Bennett Consul�ntservicesagreement-Over1DK.Doc
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 2013.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20__.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
Exhibit A
Training will be provided the Kent Police Department in order to educate employees and
supervisors about strengthening workplace civility as well as workplace bullying
prevention and intervention issues and strategies.
Proposed Workplace Civility-and Bullying Training Sessions
• Initiation, development and preparation of updated curriculum (multiple dates) and
travel time: 4.5 hours (included at no cost).
• Kent Police will print handouts for attendees(handout included in previous e-mail).
• Training/Meetings for employees and supervisors:
May 13a', 20"', and 21s`,2013: 4 hours: Phone Meetings with individual members
of the Kent Police Department.
• August 30"',2013: 0900-1200, 3 hours: Manager's Training
• September 6,2013: 1400-1800, 4 hours: Supervisor's Training
• September 130, 2013: 0800-1200, 4 hours: Training of Civilian Staff and
Commissioned
September 13`i',2013: 1600-2000, 4 hours: Training of Civilian Staff and
Commissioned
• October 18th, 2013: 0800-1200, 4 hours: Training of Civilian Staff and
Commissioned
• October 25t',20-13: 0800-1200,4 hours: Training of Civilian Staff and
Commissioned
October 25''-2013: 1600-2000 hours: 4 hours: Training-of Civilian Staff and
Commissioned
• November 1",2013:0800-1200, 4 hours: Training of Civilian Staff and
Commissioned
• Total hours and cost= 35 hours: $10,500 due after November training.
® Training will include up to 30 minutes at the end of the training session for
command staff.comments and a command staff and instructor question
and answer session. Additionally, training sessions will consist of a 10
minute break after each 50 minutes of training.
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
w," Agenda Item: Consent Calendar - 7G
TO: City Council
DATE: August 20, 2013
SUBJECT: Cumulative Grant Donations to the Youth Conference and
Drinking Driver Task Force Funds - Accept
MOTION: Authorize the Mayor accept the current Youth Conference
Donation fund balance of $34,333, and the Drinking Driver Task Force fund balance
of $13,163, authorize amending the budget and expenditure of the funds in
accordance with the grant terms and conditions acceptable to the Police Chief and
City Attorney.
SUMMARY: The Kent Police Department receives donations for both the Youth
Conference and Drinking Driver funds throughout the year. The donations range from
$40 to $2,500.
The current balance in the Youth Conference Fund is $34,333.
The current balance in the Drinking Driver Fund is $13,163.
Since the donations received into these two accounts have not previously been
approved and accepted by the Council and the combined total exceeds $5,000, the
Police Department desires to seek approval and acceptance to maintain compliance
with current Finance Department requirements.
EXHIBITS: None
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: None
KENT Agenda Item: Consent Calendar — 7H
TO: City Council
DATE: August 20, 2013
SUBJECT: Washington Auto Theft Prevention Authority Grant — Accept
MOTION: Authorize the Mayor to accept the Washington Auto Theft
Prevention Authority grant award in the amount of $1,614,100, authorize amending
the budget and authorize expenditure of the funds in accordance with the grant
terms and conditions acceptable to the City Attorney and Police Chief.
SUMMARY: The biennium Washington Auto Theft Prevention Authority (WATPA) grant
was awarded to Prevent Auto Theft through the Regional Operational Links (PATROL)
Task Force. The grant was submitted by the Federal Way Police Department, and the
Kent Police Department will be the fiscal manager for the funds. The PATROL Task
Force is comprised of South King County law enforcement agencies, the King County
Prosecutor's Office, and two North Pierce County police agencies. The grant will fund
personnel and equipment for the PATROL Task Force. The award will be divided evenly
for each of the two grant years.
The award is funded by $10 of every traffic citation across the state which has been
directed to WATPA. The award period is July 1, 2013 through June 30, 2015.
EXHIBITS: WATPA award letter to Federal Way, dated July 15, 2013
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: The funds are awarded on a reimbursement basis, so there is no
budget impact.
WASHINGTON AUTO THEIT PREVENTION AUTHORITY
WASHFNGTON ASSOCIATION OF SHERIFFS AND POi,iCF.CHIEFS
3060 Willamette Drive NE,Suite 101—Lacey,WA 99516—Phone:(360)292-7900—Fax:(360)292-7269—Website:http://watpa.waspe.org
"Preventing and reducing motor vehicle thefts in the State of Washington."
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July 15, 2013IAlmrmnmll m+
Chief Brian Wilson
Federal Way Police Department
33325 8th Ave. S
Federal Way, WA 98003
Dear Chief Wilson:
I am pleased to inform you that Washington Auto Theft Prevention Authority (WATPA) Board of
Directors has approved the Federal Way Police Department's grant application for funding the
PATROL task force for the July 1, 2013-June 30, 2015 biennium in the amount of$1,614,100.00.
Please know that the WATPA Board has discontinued funding of bait car programs.
Enclosed is an award agreement that must be signed and returned to Cynthia Jordan at WATPA as soon
as possible. WATPA funds cannot be reimbursed until the signed agreement is received. Expenditures
prior to the award effective date or after the grant expiration date are not authorized and will not be
reimbursed. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft
Prevention Authority.
Costs will be paid on a reimbursement basis. Your agency will be reimbursed for actual expenses only up
to the limit of the award categories. All grant applicants are required to submit a non-supplanting
declaration to WATPA before funding requests will be processed. After October 15,2013 reimbursement
requests by grant recipients will only be processed upon receipt of current quarterly reports by the
WATPA office. An updated quarterly report will be available on the WATPA website after September
15,2013.
If you have any questions,please contact me at 360-292-7959 or via e-mail at mpainter(awvaspc.ore.
Sincerely,
i
Michael Painter, Executive Director
Washington Auto Theft Prevention Authority
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AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT
AND
THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY
A UTO THEFT PREVENTION GRANT PROGRAM AWARD SHEET
1, Award Recipient Name and Address: 2. Contact: Brian Wilson
Federal Way Police Department Title: Chief
33325 8th Ave. S Telephone: 253-835-6701
Federal Way,WA 98003
3. Project Title 4. Award Period:
PATROL Task Force 07/01/2013—06/30/2015
5. Grant No: 6. Funding Authority:
13-15 WATPA 004 WASHINGTON AUTO THEFT
PREVENTION AUTHORITY
7, Amount Approved: 8. Service Area:
$1,614,100.00 King/Pierce Counties
9. Requests for reimbursement under this agreement are subject to the following Budget:
Description Requested Agency Funds WATPA
Funding (If any) Approved
A. Personnel 1,263,613,00 206,485.00 1,032,432.00
B. _ Employee Benefits 548,176.00 62,371 .00 444,292.00
Overtime (not to exceed 2%
C. of grant request) 39,450.00 0.00 28,946.00
D. Consultants/Contracts 7,400.00 0.00 4,000.00
E. Travel/Training 29,175.00 500.001 20,000.00
F. Other Expenses 79,930.00 22,000.00 68,430.00
G. Equipment/Technology 3,200.00 0.001 0.00
H. Public Outreach 16,000.00 0.001 16,000.00
FINAL 1 1,986,944.001 291,356.00 1,614,100.00
AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT
AND
THE WASHINGTON AUTO TIIEFT PREVENTION AUTHORITY
AUTO THEFT PREVENTION GRANT PROGRAM AWARD SHEET
IN WITNESS WHEREOF,the WATPA and RECIPIENT acknowledge and accept the terms of
this AGREEMENT and attachments hereto, and in witness whereof have executed this
AGREEMENT as of the date and year last written below. The rights and obligations of both
parties to this AGREEMENT are governed by the information on this Award Sheet and other
documents incorporated herein by reference: Agreement Specific Terms and Conditions, and
Agreement General Terms and Conditions.
WATPA RECIPIENT
Name/ Michael Painter Name/
Title WATPA, Executive Director Title
Date: 07/15/2013 Date:
KENT Agenda Item: Consent Calendar - 7I
TO: City Council
DATE: August 20, 2013
SUBJECT: King County Sheriff's Office Cost Reimbursement
Agreement - Authorize
MOTION: Authorize the Mayor to sign the Cost Reimbursement Agreement
with the King County Sheriffs Office in the amount of $73,912.60, for the purpose
of verifying the address and residency of registered sex and kidnapping offenders,
with final terms and conditions acceptable to the City Attorney and Police Chief.
SUMMARY: The Kent Police Department and King County Sheriff's Office have agreed
to work together for the purpose of verifying the address and residency of registered
sex and kidnapping offenders.
This agreement is for the purpose of reimbursing the City for participation in the
Registered Sex and Kidnapping Offender Address and Residency Verification Program.
The program's purpose is to verify the address and residency of all registered sex and
kidnapping offenders under RCW 9A.44.130.
The requirement of this program is for face-to-face verification of registered sex and
kidnapping offender's address at the place of residency. In the case of:
• Level I offenders, once every twelve months
• Level II offenders, once every six months
• Level III offenders, once every three months
This contract will cover detective/officer overtime to verify sex registrant addresses for
a maximum amount of $73,912.60 for a project period ending June 30, 2014.
EXHIBITS: Cost Reimbursement Agreement
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: None
Cost Reimbursement Agreement
Executed By
King County Sheriff's Office, a department of
King County, hereinafter referred to as "KCSO,"
Department Authorized Representative:
John Urquhart, Sheriff
King County Sheriff's Office
W-150 King County Courthouse
516 Third Avenue
Seattle, WA 98104
and
Kent Police Department, a department of King County, hereinafter referred to as
""Contractor,"
Department Authorized Representative:
Suzette Cooke, Mayor
220 4t' Avenue South
Kent, WA 98032
WHEREAS, KCSO and Contractor have mutually agreed to work together for the
purpose of verifying the address and residency of registered sex and kidnapping
offenders; and
WHEREAS, the goal of registered sex and kidnapping offender address and residency
verification is to improve public safety by establishing a greater presence and emphasis
by Contractor in King County neighborhoods; and
WHEREAS, as part of this coordinated effort, Contractor will increase immediate and
direct contact with registered sex and kidnapping offenders in their jurisdiction, and
WHEREAS, KCSO is the recipient of a Washington State Registered Sex and
Kidnapping Offender Address and Residency Verification Program grant through the
Washington Association of Sheriffs and Police Chiefs for this purpose, and
WHEREAS, KCSO will oversee efforts undertaken by program participants in King
County;
NOW THEREFORE, the parties hereto agree as follows:
KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address
and Residency Verification Program funding to reimburse for expenditures associated
Cost Reimbursement Agreement
with the Contractor for the verification of registered sex and kidnapping offender address
and residency as set forth below. This Interagency Agreement contains eight(8) Articles:
ARTICLE I. TERM OF AGREEMENT
The term of this Cost Reimbursement Agreement shall commence on July 1, 2013
and shall end on June 30, 2014 unless terminated earlier pursuant to the provisions
hereof.
ARTICLE IL DESCRIPTION OF SERVICES
This agreement is for the purpose of reimbursing the Contractor for participation in
the Registered Sex and Kidnapping Offender Address and Residency Verification
Program. The program's purpose is to verify the address and residency of all
registered sex and kidnapping offenders under RCW 9A.44.130.
The requirement of this program is for face-to-face verification of a registered sex
and kidnapping offender's address at the place of residency. In the case of
• level I offenders, once every twelve months.
• of level II offenders, once every six months.
• of level III offenders, once every three months.
For the purposes of this program unclassified offenders and kidnapping offenders
shall be considered at risk level I, unless in the opinion of the local jurisdiction a
higher classification is in the interest of public safety.
ARTICLE III. REPORTING
Two reports are required in order to receive reimbursement for grant-related
expenditures. Both forms are included as exhibits to this agreement. "Exhibit A" is
the Offender Watch generated"Advanced Verification Request Report"that the sex
or kidnapping offender completes and signs during a face-to-face contact. "Exhibit
B" is an "Officer Contact Worksheet" completed in full by an officer/detective during
each verification contact. Both exhibits representing each contact are due quarterly
and must be complete and received before reimbursement can be made following
the quarter reported.
Original signed report forms are to be submitted by the 5th of the month following
the end of the quarter. The first report is due October 5, 2013.
Page 2 of 5 August 6,2013
Cost Reimbursement Agreement
Quarterly progress reports shall be delivered to
Attn: Tina Keller, Project Manager
King County Sheriff's Office
500 Fourth Avenue, Suite 200
M/S ADM-SO-0200
Seattle, WA 98104
Phone: 206-263-2122
Email: tina.keller@kingcounty.gov
ARTICLE IV. REIMBURSEMENT
Requests for reimbursement will be made on a monthly basis and shall be forwarded
to KCSO by the 10t' of the month following the billing period.
Overtime reimbursements for personnel assigned to the Registered Sex and
Kidnapping Offender Address and Residency Verification Program will be calculated
at the usual rate for which the individual's' time would be compensated in the
absence of this agreement.
Each request for reimbursement will include the name, rank, overtime compensation
rate, number of reimbursable hours claimed and the dates of those hours for each
officer for whom reimbursement is sought. Each reimbursement request must be
accompanied by a certification signed by an appropriate supervisor of the department
that the request has been personally reviewed, that the information described in the
request is accurate, and the personnel for whom reimbursement is claimed were
working on an overtime basis for the Registered Sex and Kidnapping Offender
Address and Residency Verification Program.
Overtime and all other expenditures under this Agreement are restricted to the
following criteria:
1. For the purpose of verifying the address and residency of registered sex
and kidnapping offenders; and
2. For the goal of improving public safety by establishing a greater presence
and emphasis in King County neighborhoods; and
3. For increasing immediate and direct contact with registered sex and
kidnapping offenders in their jurisdiction
Any non-overtime related expenditures must be pre-approved by KCSO. Your
request for pre-approval must include: 1) The item you would like to purchase,
2) The purpose of the item, 3) The cost of the item you would like to purchase. You
may send this request for pre-approval in email format. Requests for reimbursement
Page 3 of 5 August 6,2013
Cost Reimbursement Agreement
from KCSO for the above non-overtime expenditures must be accompanied by a
spreadsheet detailing the expenditures as well as a vendor's invoice and a packing
slip. The packing slip must be signed by an authorized representative of the
Contractor.
All costs must be included in the request for reimbursement and be within the overall
contract amount. Over expenditures for any reason, including additional cost of sales
tax, shipping, or installation, will be the responsibility of the Contractor.
Requests for reimbursement must be sent to
Attn: Tina Keller, Project Manager
King County Sheriff's Office
500 Fourth Avenue, Suite 200
M/S ADM-SO-0200
Seattle, WA 98104
Phone: 206-263-2122
Email: tina.keller@kingcounty.gov
The maximum amount to be paid under this cost reimbursement agreement shall not
exceed Seventy Three Thousand Nine Hundred Twelve Dollars and Sixty Cents
($73.912.60). Expenditures exceeding the maximum amount shall be the
responsibility of Contractor. All requests for reimbursement must be received by
KCSO by July 31, 2014 to be payable.
ARTICLE V. WITNESS STATEMENTS
"Exhibit C" is a"Sex/Kidnapping Offender Address and Residency Verification
Program Witness Statement Form." This form is to be completed by any witnesses
encountered during a contact when the offender is suspected of not living at the
registered address and there is a resulting felony "Failure to Register as a Sex
Offender" case to be referred/filed with the KCPAO. Unless, due to extenuating
circumstances the witness is incapable of writing out their own statement,the
contacting officer/detective will have the witness write and sign the statement in their
own handwriting to contain, verbatim, the information on the witness form.
ARTICLE VI. FILING NON-DISCOVERABLE FACE SHEET
"Exhibit D" is the "Filing Non-Discoverable Face Sheet." This form shall be
attached to each "Felony Failure to Register as a Sex Offender" case that is referred
to the King County Prosecuting Attorney's Office.
ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING
Funds may not be used to supplant(replace) existing local, state, or Bureau of Indian
Affairs funds that would be spent for identical purposes in the absence of the grant.
Page 4 of 5 August 6,2013
Cost Reimbursement Agreement
Overtime - To meet this grant condition, you must ensure that:
• Overtime exceeds expenditures that the grantee is obligated or funded to pay
in the current budget. Funds currently allocated to pay for overtime may not
be reallocated to other purposes or reimbursed upon the award of a grant.
• Additionally, by the conditions of this grant, you are required to track all
overtime funded through the grant
ARTICLE VII. AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in
writing and signed by authorized representatives of the parties hereto. The parties
hereto expressly reserve the right to modify this Agreement, by mutual agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
Kent Police Department KING COUNTY SHERIFF'S
OFFICE
Suzette Cooke, Mayor John Urquhart, Sheriff
Date Date
Page 5 of 5 August 6,2013
KENT Agenda Item: Consent Calendar — 73
TO: City Council
DATE: August 20, 2013
SUBJECT: North Star Contract — Firing Range Repairs — Authorize
MOTION: Authorize the Mayor to sign a contract with North Star
Construction and Environmental for repairs to the Kent Police Department firing
range, in an amount not to exceed $49,767.75, subject to final terms and
conditions acceptable to the Police Chief and City Attorney.
SUMMARY: North Star Construction and Environmental will perform repairs and
maintenance of the firing range in order to remove any hazardous materials. Work will
include disposing of contaminated ceiling baffles, framework and ceiling and wall
sound isolation foam in the areas around the bullet trap in addition to four sets of
damaged cross support rails and assemblies for the target carriers.
The contractor will also build and install new ceiling baffle sets, ceiling and wall sound
isolation foam in addition to building and installing cross support rails and connector
assemblies.
Finally, the contractor will clean the range, hallway, control room and cleaning area.
EXHIBITS: Contract
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: None — included in the current budget.
KENT
PUBLIC WORKS AGREEMENT
between City of Kent and
North Star Construction and Environmental
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and North Star Construction and Environmental, organized
under the laws of the State of Washington, located and doing business at 420 142nd Street S.E.,
Everett, WA. 98208, (425) 787-6271, Kurt Schonewald (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The contractor will remove and dispose of the following:
1. The four sets of the suspended ceiling baffles and frame work closest to the trap.
2. The damaged ceiling and wall sound isolation foam in the overhead space closest
to the trap.
3. The four sets of damaged cross support rails and connector assemblies for the
target carriers.
The contractor will build and install four new suspended ceiling baffle sets, to current
specifications, install new ceiling and wall sound isolation foam and build and install
four sets of cross support rails and connector assemblies.
The contractor will then clean the range, hallway, control room and cleaning area, via wipedown
and vacuum.
See Exhibit A dated 06/18/13.
Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon execution of this Agreement. Upon the effective
date of this Agreement, Contractor shall complete the work described in Section I by September
30, 2013 at 2359.
PUBLIC WORKS AGREEMENT - 1
(Over$1OK, under$50K, and Performance Bond)
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
Forty-Nine Thousand Seven Hundred Sixty-Seven dollars and Seventy-Five cents ($49,767.75),
including any applicable Washington State Sales Tax, for the work and services contemplated in
this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion
of the work described in the invoice that has been completed by the Contractor and approved by
the City. The City's payment shall not constitute a waiver of the City's right to final inspection
and acceptance of the project.
A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the
Contractor, shall provide the City a payment and performance bond for the
full contract amount.
B. Retainaae. The City shall hold back a retainage in the amount of five percent
(5%) of any and all payments made to contractor for a period of sixty (60)
days after the date of final acceptance, or until receipt of all necessary
releases from the State Department of Revenue, the State Department of
Labor & Industries, and the State Employment Security Department, and
until settlement of any liens filed under Chapter 60.28 RCW, whichever is
later. The amount retained shall be placed in a fund by the City pursuant to
RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within
fourteen (14) calendar days of Contractor's signature on the Agreement.
C. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work. Defective
or unauthorized work includes, without limitation: work and materials that
do not conform to the requirements of this Agreement; and extra work and
materials furnished without the City's written approval. If Contractor is
unable, for any reason, to satisfactorily complete any portion of the work, the
City may complete the work by contract or otherwise, and Contractor shall be
liable to the City for any additional costs incurred by the City. "Additional
costs" shall mean all reasonable costs, including legal costs and attorney
fees, incurred by the City beyond the maximum Contract price specified
above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due
or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF
FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A
WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE
TIME FINAL PAYMENT IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Contractor has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
PUBLIC WORKS AGREEMENT - 2
(Over$10K, under$50K, and Performance Bond)
B. The Contractor maintains and pays for its own place of business from which
Contractor's services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Contractor's services and is a service other than that
furnished by the City, or the Contractor is engaged in an independently
established trade, occupation, profession, or business of the same nature as
that involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Contractor has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Contractor's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW
or an electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good
cause" shall include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly
skilled workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors
or for material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any
further money due under this Agreement until the Contract work is completed. After
termination, the City may take possession of all records and data within the Contractor's
possession pertaining to this project which may be used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay
Prevailing Wages," with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the
PUBLIC WORKS AGREEMENT - 3
(Over$10K, under$50K, and Performance Bond)
bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code
of Washington, as well as any other applicable prevailing wage rate provisions. The latest
prevailing wage rate revision issued by the Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the
Contract work during the performance of this Agreement. If the Contractor determines, for any
reason, that a change order is necessary, Contractor must submit a written change order
request to the person listed in the notice provision section of this Agreement, section XV(D),
within fourteen (14) calendar days of the date Contractor knew or should have known of the
facts and events giving rise to the requested change. If the City determines that the change
increases or decreases the Contractor's costs or time for performance, the City will make an
equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Contractor on all equitable adjustments. However, if the parties are unable to agree, the City
will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed
with the change order work upon receiving either a written change order from the City or an oral
order from the City before actually receiving the written change order. If the Contractor fails to
require a change order within the time specified in this paragraph, the Contractor waives its
right to make any claim or submit subsequent change order requests for that portion of the
contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must
complete the change order work; however, the Contractor may elect to protest the adjustment
as provided in subsections A through E of Section VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A change
order that is accepted by Contractor as provided in this section shall constitute full payment and
final settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Contractor may file a claim as provided in this
section. The Contractor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Contractor knew or should have known of the facts or events
giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be
conclusively deemed to have been waived by the Contractor unless a timely written claim is
made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
PUBLIC WORKS AGREEMENT - 4
(Over$10K, under$50K, and Performance Bond)
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Contractor is asserting a schedule change or
disruption.
B. Records. The Contractor shall keep complete records of extra costs and time
incurred as a result of the asserted events giving rise to the claim. The City shall
have access to any of the Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the
Contractor shall proceed promptly to provide the goods, materials and services
required by the City under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Contractor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Contractor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR
DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the
City a one-year warranty bond in a form and amount acceptable to the City. The Contractor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any parts are repaired or replaced, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Contractor shall begin
to correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Contractor shall pay all
costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on
behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
PUBLIC WORKS AGREEMENT - 5
(Over$10K, under$50K, and Performance Bond)
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Contractor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Contractor refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Contractor's part, then Contractor shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Contractor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XV. MISCELLANEOUS PROVISIONS.
PUBLIC WORKS AGREEMENT - 6
(Over$10K, under$50K, and Performance Bond)
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
PUBLIC WORKS AGREEMENT - 7
(Over$10K, under$50K, and Performance Bond)
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Kurt Schonewald Christopher Sprague
North Star Construction and Environmental City of Kent
420 142nd Street S.E. 220 Fourth Avenue South
Everett, WA 98208 Kent, WA 98032
(425) 787-6271 (telephone) (253) 856-5857 (telephone)
(253) 856-6330 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
PUBLIC WORKS AGREEMENT - 8
(Over$10K, under$50K, and Performance Bond)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 20__.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20__.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT B
INSURANCE REQUIREMENTS FOR
RANGE WORK
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Contractor, their agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 or its equivalent, with minimum limits of
$1,000,000 per occurrence and in the aggregate for each 1 year
policy period. Products and Completed Operations coverage shall
be provided for a period of 3 years following Substantial Completion
of the work. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate per Project Endorsement ISO
form CG 25 03 11 85. The City shall be named as an
Additional Insured under the Contactor's Commercial
General Liability insurance policy with respect to the work
performed for the City. All endorsements adding Additional
Insureds shall be issued on form CG 20 10 11 85 or a form
deemed equivalent, providing the Additional Insureds with
all policies and endorsements set forth in this section.
2. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Pollution Leaal Liability insurance covering losses caused by
pollution conditions that arise from the operations of the
Contractor.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
EXHIBIT B (Continued)
1. Commercial General Liability insurance shall be written with
minimum limits of $1,000,000 per occurrence and in the aggregate
for each 1 year policy period. Products and Completed Operations
coverage shall be provided for a period of 3 years following
Substantial Completion of the work.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
3. Pollution Leaal Liability insurance shall be written in an amount
of at least $1,000,000 per loss, with an annual aggregate of at
least $1,000,000. Coverage may be written on a claims-made
basis.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
EXHIBIT B (Continued)
D. Contractor's Insurance for Other Losses
The Contractor shall assume full responsibility for all loss or damage from any
cause whatsoever to any tools, Contractor's employee owned tools, machinery,
equipment, or motor vehicles owned or rented by the Contractor, or the
Contractor's agents, suppliers or contractors as well as to any temporary
structures, scaffolding and protective fences.
E. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk
insurance or other property insurance obtained pursuant to the Insurance
Requirements Section of this Contract or other property insurance applicable to the
work. The policies shall provide such waivers by endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than A:VII.
G. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the Automobile Liability and Commercial General
Liability insurance of the Contractor before commencement of the work.
H. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
'✓ K 1�T PAYMENT AND PERFORMANCE BOND
TO CITY OF KENT
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned,
as Principal, and
a Corporation organized and existing under the laws of the State of Washington, as a
Surety Corporation, and qualified under the laws of the State of Washington to
become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are
jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $
, together with any adjustments, up or down, in the total contract
price because of changes in the contract work, for the payment of which sum on
demand we bind ourselves and our successors, heirs, administrators or personal
representatives, as the case may be.
This obligation is entered into in pursuance of the statutes of the State of
Washington, and the Codes and Ordinances of the CITY OF KENT.
Nevertheless, the conditions of the above obligation are such that:
WHEREAS, under and pursuant to a motion, duly made, seconded and passed
by the City Council of the City of Kent, King County, Washington, the Mayor of the City
of Kent has let or is about to let to the above bounden Principal, a certain contract, the
said contract providing for construction of
(which contract is referred to herein and is made a part hereof as though attached
hereto), and
WHEREAS, the Principal has accepted, or is about to accept, the contract, and
undertake to perform the work therein provided for in the manner and within the time
set forth:
NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully
perform all the provisions of said contract in the manner and within the time herein
set forth, or within such extensions of time as may be granted under the said contract,
and shall pay all laborers, mechanics, subcontractors and material men, and all
persons who shall supply the Principal or subcontractors with provisions and supplies
for the carrying on of said work and shall indemnify and hold the CITY OF KENT
harmless from any damage or expense by reason of failure of performance as
specified in said contract or from defects appearing or developing in the material or
workmanship provided or performed under said contract, then and in that event this
obligation shall be void; but otherwise it shall be and remain in full force and effect.
IN WITNESS WHEREOF, the above bounden parties have executed this
instrument under their separate seals. The name and corporate seal (if required by
law) of each corporate party is hereto affixed and duly signed by its undersigned
representatives pursuant to authority of its governing body.
PAYMENT AND PERFORMANCE BOND
Page 1 of 2
TWO WITNESSES:
PRINCIPAL (enter principal's name above)
BY:
TITLE:
DATE: DATE:
CORPORATE SEAL:
PRINT NAME
DATE:
SURETY
CORPORATE SEAL: BY:
DATE:
TITLE:
ADDRESS:
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as
Principal in the within Bond; that
Who signed the said bond on behalf of the Principal
Of the said Corporation; that I know his signature thereto is genuine, and that said
Bond was duly signed, sealed, and attested for and in behalf of said Corporation by
authority of its governing body.
SECRETARY OR ASSISTANT SECRETARY
a\ov,nro,m,\c,no-aar.ReleasesvPeno,m,n,,B,ne.mc
PAYMENT AND PERFORMANCE BOND
Page 2 of 2
KENT Agenda Item: Consent Calendar - 7K
TO: City Council
DATE: August 20, 2013
SUBJECT: State Farm Grant - Illegal Street Racing Enforcement -
Accept
MOTION: Authorize the Mayor to accept the State Farm Grant, in the
amount of $3,750, for implementation of an illegal street racing enforcement
operation, authorize amending the budget and expenditure of the funds in
accordance with the grant terms, subject to approval of the City Attorney and Police
Chief.
SUMMARY: The Kent Police Department applied for and was awarded a grant to
support the prevention of illegal street racing projects in the City.
EXHIBITS: Grant award letter, dated 7/17/2013
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: Unanticipated income
TM
I
July 17,2013
I
Kent Police Department
Attn: Sara Wood i
Target Zero Manager
220 Fourth Avenue South
Kent,WA 98032
i
pear Sara Wood;
Enclosed is the check for$3,750.00 to support your organization. We are happy to help your support the
Prevent Illegal Street Racing Project and wish you the best of luck.
Please complete the enclosed acknowledgment form indicating our charitable contribution was received by
your organization and whether any goods or services were provided to State Farm in return for this
contribution. Please return your signed form in the envelope provided by August 18,2013,A delay in
returning this form may affect future consideration of contributions to your organization.This form will
confirm, in writing,that you received our contribution, according to the 1993 Tax Act.
Thank you for your cooperation.
Sincerely,
i
Ty Cordova,Public Affairs Specialist
TC/sj
Enclosure
I
i
REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
KENT
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES
May 13, 2013
Committee Members Committee Chair Jamie Perry, Deborah Ranniger, Bill Boyce.
Perry called the meeting to order at 5:30 p.m.
1. Approval of Minutes
Committee Member Ranniger Moved and Committee Member Boyce Seconded a Motion
to approve the Minutes of March 11, 2013. Motion PASSED 3-0.
2. Growing Transit Communities Action Strategies Update
Planning Manager Charlene Anderson briefly introduced the difference between two projects that
affect the Midway area. One is the work by Sound Transit to analyze alignments and station
locations for light rail. The second is the work of the Growing Transit Communities Partnership
(GTCP) which is engaged in determining appropriate strategies for building communities around
station locations for mass transit.
Puget Sound Regional Council (PSRC) Planner Michael Hubner stated that the GTCP is a grant-
funded effort through the Environmental Protection Agency (EPA), the Federal Department of
Transportation (DOT), and Housing and Urban Development (HUD). Hubner stated that PSRC
received a five-million dollar grant in 2010 to undertake a 3-year work program focusing
specifically on transit-oriented development and communities around light rail stations. The
opportunity here is to build those communities around the $15 billion investments being made in
light rail, bus rapid transit and commuter rail investments.
Hubner spoke about the Regional Equity Network (REN), an effort to elevate the profile of equity
and fairness by building a regional coalition of nonprofits and governmental agencies to elevate
the issues of equity regionally, identify major community needs, and empower local community
groups through a small grants program. Hubner mentioned the 'Draft Growing Transit
Communities Strategy' (DGTCS) report which has just been released, and encouraged
comments during the public comment period which ends on June 7, 2013. The final document is
targeted for completion in July, 2013 with public outreach and implementation of the strategies
beginning in August, 2013.
Hubner spoke about an analysis by the REN to evaluate access to opportunities and stated the
Oversight Committee is making a series of recommendations to address inequities in access to
opportunities throughout the region.
Hubner spoke about recommendations made by the GTCP on strategies for attracting growth,
providing housing choices, and access to opportunities. He described 24 strategies and their
corresponding goals within the DGTCS.
Hubner mentioned a Regional Compact, described as a statement of commitment and support
for next steps within whatever form or with whatever resources are available that are
appropriate to each jurisdiction'. Signatories of the compact would continue to engage in the
effort and be part of an advisory group that would steer the work of the PSRC.
Hubner stated Kent would be asked to consider in their work program a menu of best practices
and approaches from the DGTCS report that would be the most applicable in Kent, implement
those practices, and work with the GTCP to document the practices as part of regional
monitoring of successes. The regional Transportation 2040' plan will include recommendations
from the DGTCS report.
The PSRC is discussing station area planned implementation grants to provide cities with some
resources that could, for example, enable Kent to implement portions of the Envision Midway
ECDC Minutes
May 13,2013
Page 1 of4
Plan. The regional council already provides tools and technical assistance and is fully armed for
regional partnerships.
Upon a request from Ranninger for clarification, Hubner stated that he would provide Kent City
Council with a narrative and slide presentation applicable to Kent regarding Growing Transit
Communities Action Strategies.
Informational Only
3. 2012 Building & Fire Codes Adoption
Building Official Bob Hutchinson stated that this item relates to the adoption and amendment of
the 2012 additions of the Fire, Building and other related codes according to the State Building
Code Act. The Act determines which codes will be in effect statewide, requires cities and counties
to enforce those codes, empowers the State Building Code Council to enact amendments to
those codes, and narrowly limits the authority of cities to amend them.
Hutchinson stated that the code editions include statewide amendments incorporated in the
Washington Administrative Code (WAC) which takes affect July lit. The WAC adopts the
International Energy Conservation Code with a number of statewide amendments. Most of the
other changes from the 2009 editions are relatively minor in impact as are most of the statewide
amendments. The two proposed ordinances adopt the fire code with amendments and adopt new
editions for the building, residential, mechanical, energy, and plumbing codes along with local
amendments. The local amendments primarily provide for administration of the code and carry
over provisions from previous editions. One amendment allows for an extra story of height for
apartment buildings, residential condos, and hotels. The proposed ordinance does not adopt the
requirement (from the 2009 editions) that allows local jurisdictions to require fire sprinklers in
new single family homes.
Fire Marshal Jon Napier stated that a fair amount of code amendments are administrative in
nature. Napier stated that after considering how the fire codes impact the development
community, the 7000 square foot fire alarm requirement was eliminated which means the base
fire code would not require smoke alarm systems to be installed in all buildings but rather just in
specific buildings that have life safety hazards/issues, such as apartments, daycares, or
institutional occupancies. There are sprinkler systems in all buildings.
Napier stated that the code was modified in order to provide flexibility for access in
developments. Some of the fire lane requirements have been modified to be less prescriptive on
where they are set next to a building, and allows Fire to work with the applicant to find the best
route around a building. Code language has been clarified in the areas of water supply.
Committee member Boyce MOVED and Committee member Ranniger SECONDED a
Motion to recommend adoption of the two ordinances amending various sections of
Chapters 13.01 and 14.01 of Kent City Code to adopt the 2012 editions of the
International Building, Residential, Mechanical, Energy Conservation and Fire Codes,
and Uniform Plumbing Code, together with the City's local amendments to those codes
as depicted in these ordinances, to revise Section 14.08.020 to refer to the newly
adopted codes, and to make other housekeeping amendments. Motion PASSED 3-0.
4. Neiahborhood Urban Centers Recommendation for Next Steps
Planning Manager Charlene Anderson spoke about the research staff undertook related to the
viability of corner stores, the analysis that staff conducted related to walkability, and the public
outreach meetings that were held where input was received from the business community, the
private sector, and the community residents.
Staff received a mix of responses with respect to corner stores, including concerns related to
congestion, trash, all night party noise, pulling unknown elements into neighborhoods and
graffiti. The community said they would prefer community centers rather than corner stores in
each of their neighborhoods and that perhaps those community centers could be used for a
combination of uses. The community stated that they would like infrastructure improvements
first, to be able to walk to existing commercial areas, and that they wanted neighborhood events
and interaction.
ECDC Minutes
May 13,2013
Page 2 of
Anderson stated that the Committee adopted planning principles in November, 2012 for moving
the project forward. Staffs walkability analysis indicated that Kent's walk score was 37 out of
100, meaning that Kent was auto dependent.
Staff reviewed the goals and policies in the comprehensive plan, stating most are supportive of
place-making, pedestrian orientation and a multimodal transportation systems approach that are
required for corner stores. One policy to "limit conversion of residential to commercial" will need
to be changed or reconfirmed if Kent wants to add additional commercial areas to the
comprehensive plan designations. Staff created a list of potential regulations for single corner
stores as well as for creating additional nodes of commercial related to the size of the lot,
building size, how the uses are going to be allowed, what parking might be required, separation
requirements from other commercial areas, hours of operation and design review.
Anderson stated that staff's research indicates that existing commercial areas need to be
intensified not necessarily enlarged, verifying what the community was saying. When Phase II of
the Economic Development Strategy and Analysis is completed, strategic investments and
recruitment will be performed based on that analysis.
Anderson stated that the City's efforts could concentrate on a few strategic areas, such as
Downtown, East or West Hills, before creating additional commercial areas or corner stores.
There is an impending growth management update on the comprehensive plan due to be
adopted by June 30, 2015. Anderson stated that staff recommends incorporating the analysis of
the commercial area corner store issue into the comprehensive plan update (CPU), and asked for
the Committee's support.
Economic and Community Development Director Ben Wolters stated that his propensity is to
focus on what Kent already has and make those areas more accessible. He stated that the Lake
Meridian Shopping Center (at Kent Kangley and 132n1) could be a great area for the City's
efforts; it has many opportunities as well as challenges. Wolters stated that one of Kent's
fundamental economic development goals is to attract a new investor who will turn the Lake
Meridian Shopping Center around and make it everything it can be as an attractive destination
providing more services and entertainment for the residential community there.
Wolters stated that one of the core goals of looking at creating more convenient locations for the
corner store was to provide easy accessibility. Research highlighted how auto-dependent the
City's infrastructure is. There are things staff can do now with what already exists, to foster the
Council's goal of improved connections. Between now and the work on the comprehensive plan,
staff can focus some attention on immediate opportunities, then as part of the comprehensive
plan look at whether the City should be planning for more concentrated centers within the
residential community.
Wolters stated Economic Development believes that building connections means attracting new
investment in those areas. On the public side it is prioritizing infrastructure improvements to
those areas, such as improved sidewalk connections or whatever the assessment identifies.
Then, planning can begin in a more comprehensive way for potentially adding new areas.
Ranniger stated that she would like to see a plan where some immediate progress could be
made, than look at ideas for implementing a more substantive change through the
comprehensive plan two years from now. Perry asked if staff could offer something similar to a
cottage housing demonstration project, which once built could be duplicated in other areas.
Boyce concurred with the concept of a pilot project. Wolters stated that his preference would be
to identify a site where the City might have a reasonable chance at success. Staff could
investigate possible sites, return to the Committee with this information, and assess whether the
Committee wants to consider it for a pilot project.
Perry asked that staff provide her with an action plan on how staff can make the city more
walkable and provide gathering places for the communities. Wolters stated that given where he
sees this project currently, his preference would be to pursue increasing and improving
connectivity to Kent's current centers.
Anderson stated that the Urban Land Institute recommends intensification of what currently
exists so as not to dilute the viability of existing commercial development. Research and
ECDC Minutes
May 13,2013
Page 3 of
feedback from the private sector and developers are saying something similar by stating create
connectivity first before expanding existing commercial.
Wolters stated that staff would return to the Committee with an outline of what a plan or
strategy would look like for making the community more walkable, with some short-, medium-
and long-term timelines and recommendations. The outline may include elements from the
options under discussion as well as elements that have been informed by this conversation with
the Committee.
S. LEAN Initiative
Planning Director Fred Satterstrom stated that Economic and Community Development is the
first department in Kent to go through the LEAN exercise, which refers to working leaner or
more efficiently. It is an exercise gleaned from a similar exercise employed by Toyota who took
people off the manufacturing floor, asking them how the process, can be improved, and how
corners can be cut without sacrificing quality. LEAN is a philosophy that gives a continuous
improvement and looks at efficiencies. It differs from other quality management processes in
that LEAN involves the people who are directly involved in doing the work.
Satterstrom stated that ECD held a 5-day workshop where they chose to look at two permits --
a new commercial building and civil construction. These permit types to some extent reach all
the different divisions in the permitting process. The workshop was sponsored by the Human
Resources Department Director. Permit staff was involved and the workshop was facilitated by
Gordy Anderson from Impact Washington who led ECD through looking at the permit process.
Satterstrom stated that the current permitting process was mapped out and the future process
subsequently mapped out. Small group discussions were held with staff regarding the permitting
process and consideration on possible process changes. Satterstrom stated that a significant
outcome was that the timelines for new commercial building permits was reduced from 9 to 4.5
weeks.
Adiournment
Committee Chair Perry adjourned the meeting at 7:00 p.m.
Pamela Mottram, Secretary
Economic & Community Development Committee
PIAPlanningAECDCA20]3AMinutesV0311-13_Mln.doc
ECDC Minutes
May 13,2013
Page 4 of4
KENT
WASHINGTON
OPERATIONS COMMITTEE MINUTES
July 2, 2013
Committee Members Present: Les Thomas, Chair, Dennis Higgins and Jamie Perry
The meeting was called to order by Les Thomas at 4:02 p.m.
1. APPROVAL OF MINUTES DATED JUNE 4, 2013.
J. Perry moved to approve the Operations Committee minutes dated
June 4, 2013. D. Higgins seconded the motion, which passed 3-0.
2. APPROVAL OF CHECK SUMMARY REPORTS DATED 5/16/2013 THROUGH
5/31/2013 AND 6/1/2013 THROUGH 6/15/2013.
D. Higgins moved to approve the check summary reports dated 5/16/2013 through
5/31/2013 and 6/1/2013 through 6/15/2013. J. Perry seconded the motion and it passed
3-0.
3. ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT BUDGET ADJUSTMENT
REQUEST- $20,000 OVERTIME AND 4-MONTH TEMPORARY RECEPTIONIST
POSITION.
B. Wolters presented the Budget Adjustment Request to support the growing workload in the
Economic and Community Development Department. . He said it would be beneficial for the
department to hire a temporary 4 month receptionist. This request would also cover the Building
Inspector working overtime. The department now has 2 code enforcement officers. Year to Month,
the department has brought in 16% above estimates on permits. The department is bringing in
revenue above budget in significant amount. So there will be future requests to make adjustments
to the budget.
J. Perry moved to recommend the Council to authorize an adjustment to the 2013 budget
in the Economic & Community Development Department for $20,000 to be added to the
Department's overtime and to hire a 4 month temporary receptionist in the Permit Center
to total $28,960.00. D. Higgins seconded the motion, which passed 3-0.
4. FINANCIAL SUMMARY REPORT AS OF MAY 31, 2013 (INFORMATION ONLY).
B. Nachlinger presented the May Financial Statement and mentioned that the General Fund is
expected to end the year at 10.6% of the expenditure budget. Sales tax and Property Tax are
trending above budget. Building permits and Plan check fees are also about budget.
The meeting was adjourned at 4:18 p.m. by L. Thomas.
Satwinder Kaur
Operations Committee Secretary
KEN
w.,,,,wo.o.T
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
June 11, 2013
COMMITTEE MEMBERS: Les Thomas, Dana Ralph, and William Boyce, Chair. The meeting
was called to order by Chairperson William Boyce at 5:32 p.m.
Changes to the Agenda:
The Interlocal Agreement for Services of Valley Special Weapons and Tactics Team was added to
the agenda as item number seven and the Chief's update was moved to item eight.
1. Approval of Minutes
Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to
approve the May 14, 2013 minutes. Motion PASSED 3-0.
2. Fireworks safety - Information Oniv
Fire Marshall Jon Napier presented information regarding fireworks safety. Fireworks stands
open June 28, 2013 at noon and close at 11:00 p.m. on July 4, 2013. Residents are sometimes
confused by the fact that they can purchase fireworks on June 28th, but can only discharge them
9:00 a.m. - 11:00 p.m. on July 4, 2013. The State allows fireworks to be discharged 9:00 a.m.
- midnight, but in the city of Kent residents can only discharge fireworks until 11:00 p.m. on the
4th.
The city educates the public through signs posted throughout the city, advertising in the Kent
reporter, news releases and information on the City's website.
Fireworks purchased at a stand within the city of Kent, are legal to discharge in Kent. Fire
Marshall Napier described illegal fireworks and that if a resident finds that a child has illegal
fireworks, they can drop the fireworks in an "amnesty box" located at the local fire stations - no
questions asked.
Both the police and fire departments will be starting enforcement and additional education July
2, 2013.
Councilmember Thomas advised that residents should call 9-1-1 if they have any concerns
regarding the discharge of fireworks. Reminded everyone
Councilmember Ralph encourages all residents to be safe and smart and to call 9-1-1 if they see
anything dangerous.
Fire Marshall Napier will present an after-action report at the August public safety committee
meeting.
3. SMHSA STOP Act grant award
Stacy Judd, Public Education Specialist with the police department presented information
regarding the Substance Abuse and Mental Health Services Administration grant award. This is
the second year of the four year period. The funds must be used to prevent underage drinking.
This grant is a good connection with our drug free communities grant.
Public Safety Committee Minutes
June 11, 2013 1
Councilmember Ralph indicated that the City is doing a good job on education and this is the
time of year that we need to talk to our kids about drinking and driving. Graduation is coming
up and this is a good time to talk to the kids.
After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED
a Motion to recommend Council accept the Substance and Mental Health Services
Administration grant in an amount of $48,258.00, authorize amending the budget and
authorize expenditure of the funds in accordance with the grant terms acceptable to
the police chief and city attorney. Motion PASSED 3-0.
4. Target Zero Teams Community Outreach Grant
Chief Thomas presented information regarding the King County Target Zero Managers
Sara is doing a fantastic job bringing in money for our police department to help keep our
community safe through Target Zero and traffic safety.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend Council accept the Target Zero Teams Community Outreach
grant in an amount of $8,000, amend the budget, and authorize expenditure of the
funds in accordance with the grant terms acceptable to the police chief and city
attorney. Motion PASSED 3-0.
S. Cost Benefit Analysis Presentation - The Vera Institute - Information only
Assistant Chief Straus provided an overview. Chief Thomas initially tasked command staff and
agency with a goal to find new and innovative ways to increase efficiencies in the department to
due to the recession and the proper use of public funds.
Debra Leroy, Research & Development Analyst, researched the cost benefit analysis technical
assistant program through the Vera Institute. The program provides for training staff on how to
do cost benefit analysis, when/how to use it, that will help the city better define where money is
spent. Over the past year, many employees have learned this skill. The advantage of this
concept is that, not only do you get a cost analysis (which is difficult to do on public policy), but
it will also identify downstream social costs.
Assistant Chief Straus indicated that Debra Leroy has done a terrific job on this project and has
taken the lead on this project for the police department.
Debra Leroy presented information on the technical assistance. The City received the technical
assistance through the Vera Institute of Justice. Tina Chiu, Director of Technical Assistance and
Carl Matthies, a Senior Policy Analyst will make the presentation today. The City formed a
workgroup of leaders and decision makers including Dana Ralph, department directors through
criminal justice system and a representative from the finance group. From that group a core
group of technical users was formed to work with the Vera Institute including Sheila Knapp,
Support Services Manager in the Police Department, Kevin Axelson, Police Crime Analyst, and
Barbara Lopez, Financial Planning Manager.
Carl Matthies presented information on the intelligence lead policing program and talked about
the implied range of benefits since 2007. Comparisons were made to neighboring jurisdictions
in addition to comparing the years 2007 - 2010 (when intelligence lead policing was in place) to
2004 - end of 2006, a period that Kent did not have intelligence lead policing in place.
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June 11, 2013 2
Councilmember Boyce requested clarification on how comparisons were done. Councilmember
Thomas requested clarification regarding population comparisons.
Carl provided information regarding monetary costs to the criminal justice system per offense
(robbery, residential burglary, motor vehicle theft). Councilmember Ralph asked for clarification
regarding the cost per victim vs. the criminal justice system costs.
Carl recommended a full cost benefit analysis. Other benefits that might be realized would
include increased community cohesion, in addition to a reduced fear of crime.
Debra presented information on analysis of jail programs to help control costs and jail
population while maintaining public safety.
The analysis was done on the supervised work group and took into consideration the costs and
benefits, including how program(s) impact the community. A comprehensive cost benefit
analysis would consider the total impact of Work Crew to society, not just jail bed days saved.
Debra gave credit to Josh Rinaldi from the Vera Institute for all of the work he did on this study.
Chief Thomas thanked everyone that participated in the study and indicated that he would like
to use CBA to respond to the city council's requested the police department look at programs to
see if they have the capacity to take on additional people/programs and what that cost benefit
would be. This has been a beneficial analysis. The police department will continue to use this
program to help the police department be effective and efficient while still maintaining public
safety.
Councilmember Ralph thanked everyone involved and indicated that she was impressed with
how this process allows departments to monetize the social benefits of their work.
Councilmember Thomas asked for clarification regarding the jail population and work crew.
Chief Thomas indicated that the city needs to analyze if the city of Kent can be a regional
provider for other jurisdictions sending inmates to participate on work crews.
Councilmember Boyce asked what the next step is. Chief Thomas indicated they are taking on a
project to see if it makes sense for the City to do programs on a regional basis and will report to
Council in August. The department will continue to perform crime analysis and may look into
hiring an additional crime analyst to have someone working seven days a week.
The Chief indicated this is different than predictive policing used by Seattle. He stated that the
police department will continue to look at crime and intelligence - visit weekly - and deploy
personnel where we see issues.
Councilmember Ralph indicated that the grant was for technical assistance to teach our
employees how to perform a cost benefit analysis and the work crew and ILP were sample
projects. Going forward, we now have the skills to perform an analysis on the program.
6. Interlocal Agreement for Services of Valley Special Weapons and Tactics Team
Chief Thomas presented information regarding the Interlocal Agreement between the regional
SWAT to formalize the agreement that if the city is called into other jurisdictions we are covered
for those services.
Councilmember Thomas questioned why Covington and Maple Valley and Sea Tac are not
included in the agreement. Chief Thomas indicated that they may contract with King County.
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June 11, 2013 3
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend the City enter into an Interlocal Agreement for Services of
Valley Special Weapons and Tactics Team with terms and conditions acceptable to the
police chief and city attorney. Motion PASSED 3-0.
7. Chief's Update — Information Only
Chief Thomas updated the committee on issues since his last update. The Department is
currently investigating two death investigations. Both victims were targeted, suspects were
known to victims and the police department believes that drugs were involved and one case -
gang activity is likely. These two incidents are not random acts of violence.
The police department continues to stress the importance of prevention through youth
programs, and drug prevention programs that intervene and prevent violence before it occurs.
Councilmember Boyce asked if the police department relies on other jurisdictions to help
investigate. Chief Thomas indicated that the City ensures that the Police Department uses any
available resource to ensure that these crimes are properly and thoroughly investigated.
Councilmember Boyce indicated that the July gth committee meeting will be cancelled, the next
committee meeting will be August 13th and National Night Out is scheduled for August 6tn
Councilmember Thomas recognized that Assistant Chief Bourne will be retiring this month and
will be greatly missed.
Adiournment
Councilmember Boyce adjourned the meeting at 6:25 p.m.
Kim A. Komoto
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June 11, 2013 4
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION