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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/21/2014 ��• ,KcNT w.s. .. ... Kent City Council Meeting January 21, 2014 The regular meeting of the Kent City Council was called to order at 7:01 p.m. by Mayor Cooke. Councilmembers present: Higgins, Berrios, Boyce, Ralph, Ranniger, and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff - Brubaker communicated that the item in front of the Councilmembers' dias was the attachment to the Transportation Improvement Board grant. B. From the Public - None. PUBLIC COMMUNICATIONS A. Oath of office Councilmember Jim Berrios - City Clerk Ronald F. Moore swore in Jim Berrios as Councilmember Position No. 2. B. Public Recognition 1. Kent Parks Foundation Donation - Jeff Watling, Parks and Recreation Director introduced Mark Prothero, President of the Kent Parks Foundation who presented the city of Kent with a check for $9,532.57. Prothero also discussed the "Kent Dancing with the Stars" and communicated that the event raised $13,846.15. Mayor Cooke thanked Prothero and verified that people who wanted to get in donating or raising funds for Kent's recreation program could speak to Sandy Pedersen. 2. Award for Men's "E" Western National ASA Softball Tournament to the Cry of Kent - Jeff Watling, Parks and Recration Director introduced Mike Raven from the Amateur Sports Association (ASA). Raven thanked the Kent City staff and presented the James Ferrell Award to Mayor Cooke and the city of Kent. Mayor Cooke thanked Raven and the city of Kent Parks staff. 1 C. Community Events - Mayor Cooke announced that the "You-Me-We" event is this Friday at the ShoWare Center, January 24 at 6:00 p.m. She encouraged the public to attend the free event. Mayor Cooke also noted that her "State of the City Address" wil be at the ShoWare Center during the Chamber of Commerce Luncheon on February 5 at 12 noon. She also added that it will be online and on the City's cable station. D. Introduction of new Arts Commission Agoointee, Jennifer Treese - Mayor Cooke communicated that she interviewed her for the position. Kent City Council Meeting Minutes January 21, 2014 Treese communicated that she found the vacancy online and said she has been doing cultural things for over a decade now. She added that her employer is Blue Origin, a rocket company in Kent. E. Public Safety Report - Police Chief Ken Thomas discussed Mike Buckingham and his memorial service last Thursday. He discussed Buckingham's service to the City and people. He noted that he lost his battle with cancer on January 2, 2014. Council President Ralph discussed Buckingham and her son's experience with him. She stated that she was fortunate enough to meet him and work with him the last couple of years. She said he has had a tremendous impact on the City and will truly be missed. Thomas discussed the year end report. He noted that commercial burglary is unchanged and there has been a 21 percent reduction in residential burglaries from 2012 to present. He noted that robbery is down 13 percent. He noted that vehicle theft is only up 2 percent compared to the rampant vehicle theft rate in King County. Thomas presented Christin Jordan with the Police Chief's Award of Accomodation. He communicated that Jordan was instrumental in a stolen car recovery and preventing a residential burglary. Thomas presented Shanelle Mozique with the Police Chiefs Award of Accomodation. He explained that Mozique, while in the middle of a home invasion, called the police department during the robbery. He noted that the police successfully caught two of the three suspects. Thomas presented Officer Whisteric and Officer Nixon with the Police Department Lifesaving Medal for saving the life of Lewis Drake. Drake submitted a letter to the Police Chief, which he read. Thomas communicated that the City is in the top ten of all cities with a population of 250,000 or less for their efforts with National Night Out, which is run by Sarah Wood. Sarah Wood communicated that the event will be on August 10, 2014 this year. Thomas introduced four new officers, Siitupe Coffin, Kamal Sharif, Andrew Richardson, and Brittany Rios. He discussed each of their backgrounds, work experience, and education. Mayor Cooke swore in the four officers. Thomas introduced newly hired Corrections Officer Ian Lentz and Records Specialists Julie Farris, Ashley Orlowski, Christy Roeber, and Crystal Sundquist. He highlighted their work history and gave a brief backgound of their education and personal lives. Thomas presented a Chiefs Award of Accomodation to Councilmember Berrios for performing CPR on a patient who suffered a medical emergency. Mayor Cooke presented Chief Ken Thomas with his city of Kent 25 year service plaque. 2 Kent City Council Meeting Minutes January 21, 2014 F. Intergovernmental Reports - Council President Ralph communicated that the South County Area Transportation Board met concerning express toll lanes being added on Interstate 405 between Lynnwood and Bellevue and the addition of express toll lanes on Interstate 167. She said the Lynnwood connection is going on now is expected to open in 2016 and the 167 should be done a couple of years after that. She noted that the 405 project will feature a new definition of what a carpool is and they are suggesting three person carpools. Councilmember Higgins stated that he is serving on the Sound Cities Association Board of Directors and their board retreat is January 31. He said he is also serving on the King County Regional Transit Committee and has heard the proposal concerning funding transit. He stated that the King County Executive can't wait on legislature so they are going forward to create a Transportation Benefit District countywide which would mean the twenty dollar car tab going up to sixty dollars and a 0.1% sales tax. Sixty percent of the revenues would go to King County for Metro, saving 600,000 service hours, including five routes in Kent and the remaining 40 percent would go to cities. Councilmember Boyce noted that he represents the City on the board and received consensus from the Council to present a neutral vote on this item for the Kent City Council until the entire package is reviewed. He noted that the next meeting is February 12. Councilmember Thomas thanked Councilmember Bernos for his efforts in helping save a man's life on January 1st. He noted that it was discussed at the Regional Fire Authority meeting. PUBLIC HEARINGS None. PUBLIC COMMENT Mayor Cooke discussed the council seat vacancy and communicated that Council President Ralph will discuss the item under Other Business. 1. Pauline Barrett, Kent - Barrett discussed the possible development of a marijuana processing facility by her home. She communicated that the facility would be in the center of a large residential area with high school children in the neighborhood. She expressed concerns with security if this business is allowed to open. 2. Bill Doolittle, Kent - Doolittle communicated that when I-502 was adopted people wanted it legalized and taxed. He stated that Kent is going out of their way to prevent marijuana authorization and said he read that the City would be zoned to prevent it. He urged the City to work with the liquor board to get this implemented. He said marijuana is currently being sold, consumed, and created in the City of Kent. 3 Kent City Council Meeting Minutes January 21, 2014 3. Thomas L. Brice, Kent - Brice discussed the Par 3 golf course and the vision of the City. He said a committee has been formed by five residents and they have submitted suggestions and ideas of what could be done concerning the course. He noted that there is a debt and if you look at the books, the golf course isn't the problem. He suggested the course be closed in the winter. 4. Martin Plys, Kent - Plys communicated that there is a $1.9 million surplus. He said if there is a surplus it should be applied to the ShoWare Center and the golf course should be sold. Mayor Cooke verified that there isn't a surplus. Plys opposed having any marijuana facilities in Kent. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through P, seconded by Councilmember Thomas. A. Minutes of the workshop and regular Council meeting of January 7eh 2014 - Approved B. A2oointment to Arts Commission —The Council confirmed the appointment of Jennifer Treese to the Kent Arts Commission for a four year term ending October 31, 2017. C. King County Solid Waste Division Waste Reduction & Recycling Grant - Approved. - The Mayor was authorized to accept the Waste Reduction and Recycling Grant Contract in the amount of $89,835 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant- Approved. The Mayor was authorized to accept the Local Hazardous Waste Management Program Contract in the amount of $32,278.87 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Contract with Olympic Environmental for 2014 -15 Residential Recycling Collection Events- ARproved. The Mayor was authorized to sign the Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2014 - 2015 in the amount of $185,551.00, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. F. SR 516 to S 231" Way Levee North Reach Improvements, Change order No. 1- Approved. The Mayor was authorized to approve Change Order No. 1 to SCI 4 Kent City Council Meeting Minutes January 21, 2014 Infrastructure, LLC in an amount not to exceed $194,059.46 for unanticipated construction costs on the SR 516 to South 231st Way Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Central Avenue South Improvements Federal Grant- Accept. The Mayor was authorized to accept a Federal Grant in the amount of $300,000 for the design phase of the Central Avenue South Pavement Preservation Project, and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Kent Interurban Trail Connector Project Grant — Accept. The Mayor was authorized to sign the grant agreement in the amount of $727,500 with the Washington State Department of Commerce for the Kent Interurban Trail Connector Project and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. South 224th Street Improvements Phase 2 Transportation Improvement Board (TIB) Grant- Accept. The Mayor was authorized to accept a grant from the Washington State Transportation Improvement Board for Phase 2 of the South 224th Street Improvement Project and sign a letter to the TIB requesting to combine Phases 1 and 2 into one project, amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Washington Auto Theft Prevention Authority (WATPA) Patrol Task Force 2013 — 2015 Grant- Accept. The Mayor was authorized to accept the Washington Auto Theft Prevention Authority grant award in the amount of $74,983, authorize amending the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, acceptable to the City Attorney and Police Chief. K. Ordinance Amending Kent City Code Chapter 9.02 Lewd Conduct — Adopt. The Council adopted Ordinance No. amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. L. 2012 Vehicle Detector Loops Project Completion — Accept. The Mayor was authorized to accept the 2012 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc., upon receipt of standard releases from the state and the release of any liens. M. 2013 Thermo Plastic Markings Project Completion - Accept They Mayor was authorized to accept the 2013 Thermo Plastic Markings Project as complete and release retainage to Stripe Rite Inc., upon receipt of standard releases from the state and the release of any liens. 5 Kent City Council Meeting Minutes January 21, 2014 N. 2013 Vehicle Detector Loops Project Completion — Accent. The Mayor was authorized to accept the 2013 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc. upon receipt of standard releases from the state and the release of any liens. O. Hawley Road Levee Improvements Phase I Project Completion — Accept. The Mayor was authorized to accept the Hawley Road Levee Improvements Phase I Project as complete and release retainage to SCI Infrastructure LLC, upon receipt of standard releases from the state and the release of any liens. P. Horseshoe Bend and Upper Russell Road Levee Planting Project Completion — Accept. The Mayor was authorized to accept the Horseshoe Bend and Upper Russell Road Levee Plantings Project as complete and release retainage to Restoration Logistics, upon receipt of standard releases from the state and the release of any liens. OTHER BUSINESS A. Council Position No 6 - Appointment Process - Mayor Cooke introduced the item. Council President Ralph communicated the process and noted that the process will be posted on the City's website and a handout was given to those in attendance by City Clerk Moore. Councilmember Boyce inquired what would happen with current applications and Councilpresident Ralph communicated that she would communicate with anyone who has previously submitted an application and inform them of the current process. Councilmember Thomas inquired about the position and the process. Acting City Attorney Fitzpatrick noted that the appointment lasts until the November 2015 election is certified and whoever is elected at the general election will serve the rest of the term. 1. Anna Davis, Kent - Davis discussed the process and inquired if the candidate that also ran for the position in November could be considered and not have to reapply. Mayor Cooke replied that the candidate needs to submit an application and go through this process. She further explained the election process and said it is set up by state law and it is up to the Council to interview and selects a candidate. She further explained that it wasn't an option to have the runner-up in the November election considered. Council President Ralph also replied that this is the appointment process and that once the November election is certified it is over. She also communicated that this information will be on the website, channel 21, in the Kent Reporter, and announced at Neighborhood Council meetings, etc. BIDS 6 Kent City Council Meeting Minutes January 21, 2014 A. Briscoe-Desimone Levee Improvements, Reaches 2 and 3 - Tim LaPorte, Public Works Director introduced the levee improvements. He displayed the levee, why the improvements are needed, and what the improvements would entail. He communicated that there were ten excellent bids and has checked out the qualifications of the lowest bidder, Tapani, Inc. LaPorte explained to Mayor Cooke why this item wasn't heard at a committee, noting that a bid award doesn't go to committee, but straight to the Council. Councilmember Higgins moved to authorize the Mayor to award the bid for the Briscoe-Desimone Levee Improvements Reaches 2 and 3 project to Tapani, Inc., in the amount of $61709,555.56 and authorize the Mayor to sign all necessary documents, subject to the final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Ralph. Motion carried 6-0. I LaPorte communicated that King County Flood District wants a groundbreaking ceremony for this levee improvement this spring. Mayor Cooke agreed and communicated that the City should also look at what park element should be added to the south. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Ralph stated that the B&O tax was discussed in the workshop meeting and that the Council decided to hold off on any amendments to it at this time. She stated that there will be a 501(c) item exemption going forth as a draft to the Operations Committee and an item concerning 3PLs going to the Economic and Community Development Committee at a later date. B. Mayor. No report. C. Administration. No report. No executive session tonight. D. Economic & Community Development Committee. Councilmember Boyce communicated that the next meeting is February 10. E. Operations Committee. No report. F. Parks and Human Services Committee. No report. G. Public Safety Committee. No report. H. Public Works Committee. Councilmember Higgins communicated that the meeting yesterday was postponed and the next meetig is January 27. I. Regional Fire Authority. Councilmember Thomas communicated that he stepped down as chair and Mike Denfro is the chair and Higgins is the deputy chair. 7 Kent City Council Meeting Minutes January 21, 2014 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION No executive session was held. ADJOURNMENT The meeting adjourned at 8:38 p.m. RWre,Cy 8 Washington State 9 le, Transportation Improvement Board �dCon 1mptdel I F VHF E Er" TIB Members November 25, 2013 Councilmember Sam Crawford,Chair HE 0 4 14,913, Whatcom County ouncilmember Jeanne Burbidge,V.Chair Mr. Tim LaPorte, P.E. 011' City of Federal Way Public Works Director E'M G I IH!E_E RU 7-M44C, DE P Ir Jim Albert City of Kent Office of Financial Management 220 -4thAvenue South Pasco Bakotich,P.E. wwor Kent, WA 98032-5838 Todd Coleman,P.E. Portafl/ancouver Dear Mr. LaPorte: Kathleen Davis W.SDOT Congratulations! We are pleased to announce the selection of your project, S 224th Street, Mark Freibe'ger,P.E. 88th Ave S to 94th Ave S, TIB project number 8-1-106(031)-1. City cfSedro-Woolley Mayor James Irish Total TIB funds for this project are $5,000,000. City of L.Center CouRcilmemberR.E.Bob Olson Cityqfl(ennewlck Your request for a sidewalk deviation for the project was approved. Laura Philipot,P.E Cit'lofsammomish Before any work is allowed on this project, you must: Heidi Stamm a Verify the information on the Project Funding Status Form, revise if necessary, and HSPublicAff.irs sign; Commissioner Rlchrdl Stevens 1­ Grant County 0 OlIgn both copies of the Fuel Tax Grant Distribution Agreement; and Harold Taniguchl a Return the above items to TIB. King County Metro Transit John Voclopich You may only incur reimburseable expenses after you receive approval from TIB. City of Bonney Lake Jay Weber In accordance with RCW 47.26.84, you must certify full funding by November 22, 2014 or County Road Administration Board the grant may be terminated. Grants may also be rescinded due to unreasonable project Ralph Wessels,P.E. Bicycle Alliance of Washington delay as described in WAC 479-05-211. Cly Whit. Snohomish County If you have questions, please contact Greg Armstrong, TIB Project Engineer, at (360) 586-1142 or e-mail GregA@tib.wa.gov. Sin Stevan E.Gorcester Executive Director P.O.Box 40901 Olympia,WA 985D4-0901 Phone:360-586-1140 Fax:360-586-1165 Stevan Gorcester Executive Director Enclosures Investing in your local community s t Washington State Transportation Improvement Board 8-1-106(031)-1 ® ` Fuel Tax Grant Agreement City of Kent 8-1-106(031)-1 S 224th Street 88th Ave S to 94th Ave S STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Kent AGREEMENT THIS GRANT AGREEMENT (hereinafter "Agreement") for the S 224th Street, 88th Ave S to 94th Ave S (hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and City of Kent, a political subdivision of the State of Washington (hereinafter"RECIPIENT"). 1.0 PURPOSE TIB hereby grants funds in the amount of$5,000,000 for the project specified above, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable Fuel Tax Agreement Page I of 5 November 2012 Washington State Transportation Improvement Board 8-1-106(031)-1 Fuel Tax Grant Agreement amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grantor until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. 8.0 GOVERNANCE &VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non-compliance, which should include either a detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non-compliance, TO will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: Fuel Tax Agreement Page 2 of 5 November 2012 4 ® = Washington State Transportation Improvement Board 8-1-106(031)-1 Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non-compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TIB. b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10)days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TO funds, and some or all of the Right of Way is subsequently sold,.proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TO GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. In the event that final costs related to the specific project are less than the initial grant award,TIB funds will be decreased and/or refunded to TIB in a manner that maintains the original ratio between TIB funds and total project costs. Fuel Tax Agreement Page 3 of 5 November2012 Washington State Transportation Improvement Board 8-1-106(031)-1 Fuel Tax Grant Agreement 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT.The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page 4 of 5 November 2012 ® Washington State Transportation Improvement Board 8-1-906(039)-9 Fuel Tax Grant Agreement 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six(6)year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General By: Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board Signature of Chairman/Mayor Date Executive Director Date Print Name Print Name Fuel Tax Agreement Page 5 of 5 November 2012 Transportation Improvement Board Project Funding Status Form Agency: KENT T1B Project Number: 8-1-106(031)-1 Project Name: S 224th Street 88th Ave S to 94th Ave S Verify the information below and revise if necessary. Return to: Transportation Improvement Board PO Box 40901 Olympia,WA 98504-0901 PROJECT SCHEDULE 7arget'D'ates Construction Approval Date Contract Bid Award Jan 2015 Contract Completion Jan 2016 PROJECT FUNDING PARTNERS List additional fundin partners and amount. Funding Partners- Amount Revised Funding. :n. KENT 0' WSDOT 0 Federal Funds 0 Storm Drainage Fund 2,500,000 LID#363 781,691 i TOTAL LOCAL FUNDS 3,281,691 Signatures are required from two different agency officials. Return the originally signed form to the TIB office. Mayor or Public Works Director Signature Date Printed or Typed Name Title Financial Officer Signature Date Printed or Typed Name Title TIB Project Funding Status Form PUBLIC COMMENT KENT SIGN UP SHEET For the Kent City Council Meeting of: NAME Street Address Email Akiresk Tope 1234 Main Street SE Comprehensive Ex Jane Doe Kent, WA 98032 jdoe@hotmail.com Plan � IBC ems, w� R�f> � C�►'�c a� lad 3 24 h �+-qjA 9 -vRe,�u-r Derr t��a v/S lCp".t 9 90 (�PfOraTMC-ou Ave /✓ 5v�/i L�6P///f/� R`Ca�.../,e .l-,v, r 2- a/t�l-�u�• i�lj'' ��. ` � -dr ` .��., yd�;,d�;�� '� ' �C 1?� �'� rc�C�� `A1 - rb' �f�l 7 8 9 5� 10 11 1.2 13 14 15 16 17 18 19 20 Members of the public are invited to speak under "Public Comment" Agenda Item #6. Please sign above and when asked by the Mayor, come to the podium. Please limit your comments to three (3) minutes.