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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/01/2013 CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. October 1 , 2013 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT October 1, 2013 w s v ro Council Chambers Mayor Suzette Cooke Council President Dennis Higgins Councilmember Elizabeth Albertson Councilmember Bill Boyce Councilmember Jamie Perry Councilmember Dana Ralph Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. King County/Seattle Public Health — Medicaid/Health Benefit Expansion Erica Nuerenberg 20 minutes 2. 2014 B&O Project List Tim LaPorte 40 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. Proclamation for "Releaf" 2013 at Clark Lake Park D. Intergovernmental Reports 5. PUBLIC HEARINGS A. 2014 Mid-Biennium Budget — First Public Hearing B. 2014-2018 Capital Improvement Plan — First Public Hearing 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop — Approve B. Payment of Bills — Approve C. Excused Absence for Councilmember Perry for September 17, 2013 - Approve (Continued) COUNCIL MEETING AGENDA CONTINUED D. Renewal of New Cingular Wireless Cell Site Lease at Lake Fenwick Park — Authorize E. Interlocal Agreement with the City of Tukwila for the Briscoe Levee — Authorize F. 2014 Washington State Arts Commission Project Support Grant — Accept G. New Connections Lease Agreement — Authorize 8. OTHER BUSINESS A. Green Play Agreement — Authorize 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. POTENTIAL LITIGATION - Resolution of Intent to Set a Public Hearing date for Local Improvement District 365 — SE 256th Street Improvements, 116th Ave SE to Kent-Kangley Road — Set Public Hearing Date 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Proclamation for "Releaf' 2013 at Clark Lake Park D) Intergovernmental Reports PROCLAMATION Whereas, the City of Kent has a strong and active volunteer community; and Whereas, connecting with others and working together through volunteer service will unite the diverse groups in our community to undertake and complete a successful project; and Whereas, since 2002 the City of Kent has held a ReLeaf volunteer event to focus on reforestation and revegetation of Clark Lake Parkin Kent; and Whereas, since then, 831 volunteers have planted and cared for trees as part of ReLeaf, contributing over 2,136 hours with a value to the City of nearly $48,465; and Whereas, volunteer service is an investment in the future we all must share and contribute to; and Whereas, Kent Parks, Recreation and Community Services Department is dedicated to enriching lives by providing safe and inviting parks, open spaces and facilities, and Whereas, Clark Lake Park's 130 acres provides walking trails, a sparkling lake and habitat for numerous species; NOW THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim the day of Saturday, October 12, 2013 as ""FtELEAF" 2013 A7' LA E PARK In the City of Kent, and I encourage all citizens to join me in recognizing the importance of this observance by volunteering your time to help in our community. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 1st day of October 2013. P Suz¢tW ooke, Mayor tie pj "" ? cad k � '{ KENT WASHINGTON KENT Agenda Item: Public Hearings — 5A TO: City Council DATE: October 1, 2013 SUBJECT: 2014 Mid-Biennium Budget — First Public Hearing MOTION: No action required. SUMMARY: This is the first public hearing on the 2014 mid-biennium budget at the regular City Council meeting. Public input is welcome as the City begins to prepare the 2014 mid-biennium budget. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: None KENT Agenda Item: Public Hearings — 513 TO: City Council DATE: October 1, 2013 SUBJECT: 2014-2018 Capital Improvement Plan — First Public Hearing MOTION: No action required. SUMMARY: This is the first public hearing on the 2014-2018 Capital Improvement Plan. Public input is welcome as the City begins to prepare the 2014-2018 Capital Improvement Plan. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: None 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 H. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of September 17, 2013. 7B. Approval of Bills. Approval of payment of the bills received through August 31 and paid on August 31 after auditing by the Operations Committee on September 17, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 8/31/13 Wire Transfers 5586-5598 $1,764,245.11 8/31/13 Regular Checks 675991-676543 3,739,442.56 8/31/13 Use Tax Payable 2,316.14 $5,506,003.81 Approval of checks issued for payroll for August 16 through August 31 and paid on September 5, 2013: Date Check Numbers Amount 9/5/13 Checks 332804-332952 $ 98,413.12 9/5/13 Advices 318414-319058 1,209,227.88 $1,307,641.00 11 � KENT Kent City Council Workshop September 17, 2013 The meeting was called to order at 5:31 p.m. by Council President Dennis Higgins. Councilmembers present: Higgins, Thomas, Boyce, and Ralph. Councilmember Albertson and Perry were absent. Councilmember Ranniger arrived at 5:57 p.m. Senate Transportation Hearings. Michelle Wilmot discussed the Senate Transportation Hearings and a letter she prepared for mailing to the legislature which highlighted the concerns of the City of Kent. She noted that the letter strongly recommends the legislature pass a transportation package that includes funding to complete the SR 509/SR 167 "Gateways Project" and to assist with the completion of the 228th Street/Union Pacific Railroad Grade Separation. Council President Higgins added that he would also like to see a section in the letter that addresses the funding of King County Metro Transit services. Councilmember Boyce inquired about the gas tax and Wilmot replied that the prime concern is that there be no strings attached to the distribution of the funds. The funds, she said, must directly fund the needs of the city of Kent and other municipalities. Council President Higgins noted that a sunset clause may or may have been identified and the Council should pay attention to specifics. Councilmember Ralph stated that she didn't think the gas tax funds would come back to the cities. Councilmember Thomas said he was ok if the letter is coming from the Council President, but he didn't want it coming from the Council as a whole. Council President Higgins said he could submit it as the Council President only. Brubaker communicated that the Council can vote on the letter and either have it come from the majority through a vote or determine how the rest of the Council feels about it and add the appropriate names. Council President Higgins, Councilmember Ralph, and Councilmember Boyce communicated that they were ok with having their names on the letter and Brubaker stated that Wilmot can communicate with the other Councilmembers to see if they want their names included in the letter. Downtown Subarea Action Plan. Planning Director Fred Satterstrom discussed the item. He noted that there are some actions that the Council will have to take in the next month and some to execute after the plan is adopted. Downtown has been a Council target issue for years, he said, and displayed a copy of the Kent Downtown Plan from 1966. He pointed out that many of the items in the 2005 Downtown Plan have been executed. Satterstom communicated that the downtown area has expanded since the 2005 Downtown Study Area. He discussed the downtown Kent City Council Workshop Meeting September 17, 2013 stakeholder interviews and the vision that came about those studies. The planning principals, he pointed out, are Economic Vitality, Enjoyable Outdoor Space, Urban Livability, Neighborhood Capability, Memorable Downtown Experience, Pedestrian Priority, and Environmental Sustainability. He communicated that Urban Livability was the most important and had the highest interest in the study. He displayed a video of some people that were surveyed about their vision for downtown Kent. City Planner Gloria Gould-Wessen stated that this is a two-phase approach with the first phase being an update of the Comprehensive Plan, map amendments, and a Code amendment. She stated that this Downtown Subarea Action Plan (DSAP) completely replaces the 2005 Downtown Strategic Action Plan. She stated the plan provides three alternatives for growth and staff prefers alternative two which balances the jobs and growth efforts. It also provides adequate housing and jobs which adequately provide for the growth management act levels assigned. She discussed the themes of the DSAP (livability, economic vitality, safety, outdoor gathering space, compatibility, and sustainability) and several enhancements such as improved street and area lighting, business development and redevelopment, mixed uses, and repositioning parks to better serve the community. She communicated that compatibility deals with having appropriate ways to move the residents into downtown and improving pedestrian and bicycling routes. She presented the land use plan maps and the zoning district maps and discussed the staff proposal to grow the urban center (UC) and changing the Comprehensive Plan land use of another area to industrial (I). She noted that doing this will satisfy the King County requirement for urban centers. She explained the aggregated staff proposed rezones and noted that there are residents residing near the ShoWare that are in favor with the rezone. Councilmember Ralph and Councilmember Ranniger inquired about zoning in the North Park area. Gould-Wessen replied that the staff came to the realization that to encourage the size of development to make it worthwhile the area has to be rezoned and have the potential for redevelopment. Councilmember Thomas also inquired about another area next to the one Councilmember Ranniger pointed out and Gould-Wessen replied that the intention is to maintain the buffer to the residential neighborhood. Councilmember Thomas discussed having all of the areas in the CP land use plan map be zoned the same and Council President Higgins pointed out that there is a difference between land use and zoning. Council President Higgins communicated that the rezone would only affect ten properties and Gould-Wessen stated that the Land Use and Planning Committee has looked at them. Councilmember Ralph encouraged the Council to listen to the LUPC meeting. Gould-Wessen stated that there are abandoned buildings on Meeker and the need for investment in that area. She noted that based on the survey and questions to the community the City wants something done. She communicated that rezoning the area to DCE allows the heights to be higher and they anticipate a 65 foot building in the zone. 2 Kent City Council Workshop Meeting September 17, 2013 Gould-Wessen communicated the mixed use overlay amendments and noted that the mixed use definition would be revised, there would be an increase in the GC-MU building height, a design review would be added, and the mixed use standards for GC-MU would need to be amended. She communicated that in October this item goes to the Economic and Community Development Commitee and, in November, the Council will review it. She continued and stated that in Phase II there will be planned action and infill exemption, an update of the downtown design guidelines, and amendments to development regulations. Economic and Community Development Director Ben Wolters communicated that the economic development initiatives will be a planned action ordinance, the Meeker Revitalization Initiative, work done on outdoor gathering spaces/parks, and a citywide economic development strategy to include more upgraded housing choices. He noted that revitalization initatives have done well across the nation and the Meeker Revitalization Initiative will take place between 2nd and 4th on Meeker. Satterstrom thanked Councilmember Perry for her service on the downtown steering group and Randal Smith for his work on the committee. The meeting adjourned at 6:29 p.m. Ronald F. Moore, MMC City Clerk 3 KENT Kent City Council Meeting September 17, 2013 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Ralph, Ranniger and Thomas. Councilmember Albertson arrived at 8:04 p.m. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins added Consent Calendar item 7(J), an excused absence for Councilmember Albertson. Interim Chief Administrative Officer Brubaker communicated that there will be an executive session, as authorized per RCW 42.30.110(1)(b), concerning property acquisition. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. Mayor Cooke communicated that the Harlem Globetrotters had an event at the ShoWare Center and Kent was recognized as getting a "Money Ball" because the attendance to the event has increased in each of the previous three years. B. Community Events. Mayor Cooke announced that the "Crop Walk" will be on October 6 at 1:00 p.m. at the Kent Lutheran Church. She added that proceeds go to the Kent Food Bank, the Homeless Men's Shelter, and the Community Supper at the church. Councilmember Thomas communicated that the Barnum & Bailey Circus will be at the ShoWare from October 3-6. Councilmember Ralph communicated that the 2013-2014 Spotlight Series is going on and discussed the specific plays. Councilmember Thomas communicated that there is a casino event at a Kent "sister" Kiwanis Club on September 28. C. Introduction of Lodging Tax Advisory Committee Appointee. Mayor Cooke introduced Tim Higgins, the new Lodging Tax Advisory Committee member. Tim Higgins thanked the Mayor for the appointment and communicated that having a seat on the board will help the communication flow easier to the ShoWare. He thanked Councilmember Thomas for the mention of the circus event. D. Proclamation for National Public Lands Day at Park Orchard Park. Jeff Watling, Parks and Recreation Director accepted the proclamation and communicated Kent City Council Minutes September 17, 2013 that National Public Lands Day has been going on for six years and the event will occur on September 28. E. Public Safety Report. Police Chief Ken Thomas presented the September 2013 Public Safety report. Car prowls have reduced over the past year and auto thefts are still relatively high, but it is a regional issue, he said. He communicated that robberies have jumped due to it being summertime and the influx of iPhone and iPad robberies. He noted that residential burglaries are going down slightly and commercial robberies are, unfortunately, going up. He presented the Police Chief's Life Saving Award to Officer Jeff Kuzack who used his police-issued automated external defibrillator (AED) to revive a resident who was experiencing a heart attack. Chief Thomas noted that this is Officer Kuzack's second life-saving award in two years. He read a letter from the crew of firefighters who arrived on the scene, applauding the efforts of Officer Kuzack. Thomas presented Officers Joe Mello, Justin Davis, Jason Phelps, Justin Rausch and introduced new Correctional Officer Amber Brunelle to the Council and public. He discussed their backgrounds and Mayor Cooke swore the officers in. He noted that the next quarterly open community meeting is this Thursday at 7:00 p.m at Horizon Elementary School. Councilmember Boyce confirmed that all vehicles are equipped with an AED. F. Intergovernmental Report. Council President Higgins said the King County Regional Transit Committee meeting was cancelled for September 18 and will meet in October and that the King County Chemical Dependency and Oversight board will also meet in October. He discussed the King County Regional Policy Committee and the main topic was the solid waste interlocal agreement extension and that the city of Bellevue didn't execute the agreement. He stated that Seattle also hasn't signed the extension. Councilmember Ralph communicated that the South County Area Transportation Board (SCATBD) met this morning and the Puget Sound Gateway Project completion of State Route 509/State Route 167was discussed. She noted that Washington State exports $111 billion in goods and products and this project is crucial to the economic vitality in this area and keeping the ports competitive. She noted that the King County Regional Law and Safety & Justice Committee meets on September 26 and they will be discussing affordable health care and its impacts on the criminal justice system. Councilmember Boyce attended the Sound Cities Association (SCA) meeting and said the non-execution of the solid waste interlocal agreement extension upset cities, but a draft extension agreement should be ready by October 29 for SCA and going to the King County Council on November 27. PUBLIC COMMENT 1. Tom Brice, Kent, presented a petition against the sale of the Par 3 golf course to the City Clerk. 2. Perry Sobolik, Kent, discussed the utility committee and said he received a shut off notice for his water. He said the customer service department was friendly and voiced his disapproval of having to pay a $30 fee for the shut off notice. He said 2 Kent City Council Minutes September 17, 2013 that a $30 fee for the cost of paper, postage, and an envelope seems punitive and the people who are struggling can't afford it. He said it doesn't seem fair to charge the fee. However, he said he had to pay the fee. He suggested someone look into the fee and any others. Mayor Cooke communicated that Councilmember Thomas will look into the water shut off fees. Councilmember Thomas stated that the banks charge $35 per bad check. CONSENT CALENDAR Council President Higgins moved to approve Consent Calendar Items A through 3, seconded by Councilmember Thomas. The motion carried and the following items were approved: A. Minutes of the workshop and regular Council meeting of September 3, 2013. B. Payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 20, 2013. Checks issued for vouchers: Date Check Numbers Amount 7/31/13 Wire Transfers 5553-5566 $1,243,227.03 7/31/13 Regular Checks 675004-675381 3,543,602.38 7/31/13 Use Tax Payable 387.38 $4,787,216.79 Approval of checks issued for payroll for July 16 through July 31 and paid on August 5, 2013: Date Check Numbers Amount 8/5/13 Checks 332515-332661 $ 118,441.57 8/5/13 Advices 317109-317760 1,229,266.12 $1,347,707.69 Approval of payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on September 3, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/13 Wire Transfers 5567-5585 $1,605,558.35 8/15/13 Regular Checks 675382-675990 2,503,922.78 8/15/13 Use Tax Payable 4,830.79 $4,114,311.92 Approval of checks issued for payroll for August 1 through August 15 and paid on August 20, 2013: 3 Kent City Council Minutes September 17, 2013 Date Check Numbers Amount 8/20/13 Checks 332662-332803 $ 106,227.78 8/20/13 Advices 317761-318413 1,209,260.47 $1,315,488.25 C. Excused Absence for Councilmember Albertson. Councilmember Albertson was unable to attend the September 3, 2013 Council meeting. D. Ordinance Amending Kent City Code 8.01 — Establishing "Chronic Criminal Nuisance" — Adopt. Ordinance No. 4088 amending Ch. 8.01 of the Kent City Code, entitled "Public Nuisances," to establish a "chronic criminal nuisance" that exists when three instances of criminal conduct occur on a property within a one year period and do not involve the property owner or occupants being the victims of the criminal conduct or contacting the police to report the criminal conduct, was approved. E. Ordinance Amending Kent City Code 15.02 and 15.04 regarding Group Living Facilities — Adopt. Ordinance No. 4089 amending Chapter 15.02, entitled, "Definitions," by adding and amending sections, and correcting a publishing error in section 15.02.173; amending Chapter 15.04, entitled, "Residential land uses," amending zoning districts and residential land use development conditions; and updating the code for consistency with state laws and regulations, was approved. F. Lodging Tax Advisory Committee Appointment — Confirm. The Mayor confirmed the appointment of Tim Higgins to the Lodging Tax Advisory Committee. G. Kent Public Facilities District Board Member Reappointment — Confirm. The Mayor confirmed the reappointment of Mike Miller to the Kent Public Facilities District Board. H. 2014 Mid-Biennium Budget — Set First Public Hearing Date. October 1, 2013 was set for the first public hearing date for the 2014 Mid-Biennium Budget. I. 2014-2018 Capital Improvement Plan — Set Public Hearing Date. October 1, 2013 was set for the first public hearing date for the 2014-2018 Capital Improvement Plan. OTHER BUSINESS A. Karras Consulting Services Interim Chief Administrative Officer Tom Brubaker communicated that this item involves hiring an outside recruitment firm to locate a new Finance Director because current Finance Director Robert Nachlinger resigns on December 31, 2013. He communicated that the Operations Committee expressed concerns that there could be a new Mayor and an Interim Chief Administrative Officer. He stated that the hiring process will take four to five months and communicated the process. He added that the firm has communicated that even if expedited the new Finance Director probably wouldn't be in place until the end of January. 4 Kent City Council Minutes September 17, 2013 Council President Higgins moved to authorize the Mayor to sign an Agreement with Karras Consulting, Inc., and all other documents necessary and consistent with that Agreement, in an amount not to exceed $26,280, plus limited travel costs, to assist the City in recruiting a replacement for the City's retiring Finance Director, subject to approval of final terms and conditions acceptable to the Human Resources Director and the City Attorney, seconded by Councilmember Ranniger. Councilmember Thomas communicated that he would be voting against this because of the timeline and felt the talent pool within the City should be considered to fill this position. He stated that the Operations Committee could not come to a conclusion on this item. Councilmember Boyce opposed this because it is too early and felt there is staff in- house that can fulfill the requirements of this position. He added that the City could advertise this and obtain a candidate. He added that there are talented people out in the market who could possibly qualify and for $25,000 he is sure that Bob could come back for a couple of weeks to be a consultant. He also added that there are national publications that this can be advertised in. Councilmember Ranniger stated that she has two concerns. One is with advertising and the other is with whether there is talent in-house to do the job. She inquired if the process is to select the new Finance Director after the Mayor race is concluded. Brubaker replied and Councilmember Ranniger felt the Council could move ahead with a process. She inquired what the advantage would be to use an outside consultant and Brubaker replied that the position is important and is hard to fill. He stated that the Human Resource Director picked this firm because they have expertise with finding candidates and have a pool of excellent candidates. Mayor Cooke communicated that the City has both the Finance Director and the Chief Administrative Officer (CAO) position to fill and the Finance Department and Human Resource Departments are being stretched. She communicated that the consultants could do a thorough job, provide additional background information, and can communicate with people who are employed who may be interested in this job. Councilmember Ranniger verified that the motion is only for the Finance Director position and wondered if there was any thought in using the consultant for both positions. Mayor Cooke replied that the CAO position wasn't discussed and isn't as urgent as the Finance Director. Brubaker communicated that once the election is completed the CAO position will be considered. He said there is a lot of recruiting to be done because of a high number of retirements in the staff, to include one of the Human Resource recruiters. Councilmember Albertson arrived at 8:04 p.m. Councilmember Ralph stated that she will not be supporting this and felt that the City should advertise in national publications and do the recruitment themselves. 5 Kent City Council Minutes September 17, 2013 Council President Higgins moved to postpone this item until the October 1 meeting, seconded by Councilmember Albertson. Councilmember Boyce verified that Council President Higgins wants the full council available to consider this motion. Councilmember Albertson said she is in favor of the motion because she just arrived from the Senate hearings and hasn't heard all the discussion. Councilmember Thomas stated he wasn't in favor of the motion A vote was taken on the motion on the table. Council President Higgins, Councilmember Ranniger, and Councilmember Albertson voted in favor. Councilmember Thomas, Councilmember Ralph, and Councilmember Boyce dissented. Motion failed 3-3. Councilmember Thomas moved to postpone the item indefinitely, seconded by Council President Higgins. Council President Higgins, Councilmember Ralph, Councilmember Albertson, Councilmember Thomas, and Councilmember Boyce voted in favor. Councilmember Ranniger dissented. Motion carried 5-1. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Higgins discussed the workshop and summarized that there was a report from Economic and Community Development (ECD) staff concerning the Downtown Subarea Plan. He noted that the staff recommendation and the ECD Committee proposals were heard. He pointed out that it was announced that most of the goals from the 2005 plan have been completed. He appreciated the presentation and said it will be going to the ECD Committee and Council in early November. He discussed the Senate Transportation Hearings and said the letter was reviewed by the Council. He noted that he will sign the letter and other Councilmembers are welcome to sign it. . B. Mayor. Mayor Cooke discussed the Heritage Bank ribbon cutting and encouraged the Council and public to visit their display of Kent's history inside the bank. She stated that there was a meeting last week by the King County Executive Flood Control District Board with FEMA and it was communicated that flood insurance rates are going significantly up. She stated that it is critical to have properties mapped to determine if they aren't in the flood plains. She stated that FEMA has stated that the maps will be done in about five years and will be reflect how the levees will be in 2016. She continued and thanked the Kent4Health volunteers for their participation in the event in Renton. She stated that Thursday she will be at the Interstate 405/State Route 167 advisory group meeting and there is a high amount of pressure for the City to accept three-person HOV lanes. She said she isn't in favor of it on State Route 167, but felt there may be room for it on Interstate 405. She noted that the Kent Downtown Partnership has been very engaged with the Downtown Subarea Plan and their breakfast is Friday morning at ShoWare. 6 Kent City Council Minutes September 17, 2013 C. Administration. Interim Chief Administrative Officer Brubaker stated there will be an executive session for 10 minutes. D. Economic & Community Development Committee. In the minutes. E. Operations Committee. In the minutes. F. Parks and Human Services Committee. Councilmember Ranniger stated that there will be a discussion on September 19 in the Council Chamber at 5:00 p.m. about the financial challenges concerning the golf course. No decision making will occur, she said, and the meeting is a part of the ongoing exploration concerning the shortfall and how to make the golf system sustainable. . G. Public Safety Committee. In the minutes. H. Public Works Committee. Councilmember Albertson stated that there was a Public Works Committee meeting last night concerning cuts to bus service in Kent. She said mostly the east-west routes within Kent and travel within King County would be cut and that the north-south routes that bring residents to Seattle aren't affected. She discussed the Senate Transportation Hearings, where Kent stands, and said that the location and times of the meetings are on the City's website. She noted that the next meeting is on October 7. I. Regional Fire Authority. Councilmember Thomas communicated that there was a 4-3 vote for the city of SeaTac to execute an agreement to procure fire protection services from the Regional Fire Authority. Mayor Cooke announced that she has executed a proclamation naming September 28, 2013 as "Mayor's Day of Concern for the Hungry." RECESS At 8:27 p.m., Mayor Cooke called for a two minute recess. At 8:30 p.m., the regular meeting reconvened. EXECUTIVE SESSION At 8:31 p.m. the Council adjourned into Executive Session for ten minutes. At 8:39 p.m., the regular meeting reconvened. Brubaker discussed the acquisition of two properties by the City for enhancement of the storm drain utility, to eventually certify the levee, and enhance the Lower and Lowest Russell Road Levee. Councilmember Albertson moved to authorize the Mayor to sign any and all necessary documents to complete the purchase of the property located at 22254 Russell Road South from Thomas &Janice C. Baxter in an amount not to exceed $201,600 plus any reasonable closing costs for the Lower and 7 Kent City Council Minutes September 17, 2013 Lowest Russell Road Levee project, subject to approval of final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Higgins. Motion carried 6-0. Councilmember Albertson moved to authorize the Mayor to sign any and all necessary documents to complete the purchase of the property located at 22250 Russell Road South from Jeanne Hamilton in an amount not to exceed $221,000 plus any reasonable closing costs for the Lower and Lowest Russell Road Levee project, subject to approval of final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Ralph. Motion carried 6-0. Mayor Cooke noted that the funds for this purchase came from King County Conservation Futures Program. ADJOURNMENT The meeting adjourned at 8:40 p.m. Ronald F. Moore, MMC City Clerk 8 KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: September 17, 2013 SUBJECT: Excused Absence for Councilmember Perry - Approve MOTION: Approve an excused absence for Councilmember Perry who was unable to attend the September 17, 2013, Council meeting. SUMMARY: None EXHIBITS: None RECOMMENDED BY: Council President Higgins BUDGET IMPACTS: None KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: October 1, 2013 SUBJECT: Renewal of New Cingular Wireless Cell Site Lease at Fenwick Park - Authorize MOTION: Authorize the Mayor to sign Addendum Two to the cell tower lease agreement with New Cingular Wireless at Lake Fenwick Park, and all other necessary documents, to extend the term for an additional five years, to grant New Cingular an option to renew the lease for three additional five year periods, with periodic rent increases, subject to final terms and conditions acceptable to the city attorney, and ratify all acts consistent with this authorization. SUMMARY: Since October 8, 2002, the City has leased land at Lake Fenwick Park to New Cingular Wireless for a cell tower. The original lease granted to New Cingular by Council in 2002 authorized two 5-year renewal options. This Addendum Two implements the second renewal option provided for by the lease. This Addendum Two includes a rent increase to $28,800 annually, with annual increases of 3% or the percentage increase in the CPI, whichever amount is greater, and grants New Cingular the option to renew the lease for three additional 5-year periods. Therefore, the total lease period authorized by this Addendum Two is through approximately February 11, 2033. Finally, this Addendum Two provides that New Cingular will be allowed to improve the leased premises upon providing the City with 48 hours advance notice. The City's consent to these improvements is not necessary if the improvements are constructed within the leased premises and all required permits are obtained. A copy of the improvement's plans and specifications, drawn to scale, must be provided to the City within 60 days of New Cingular completing the improvements. Because this Addendum Two applies retroactively to February 12, 2013, the authorization sought includes ratification of all acts consistent with Addendum Two that occurred prior to Council authorization having been obtained. EXHIBITS: Addendum Two to Lease Agreement between the City of Kent and New Cingular Wireless PCS, LLC. RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Yes 4 4 ADDENDUM TWO TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC. THIS LEASE ADDENDUM TWO is entered into on the date fully executed below by and between THE CITY OF KENT ("Landlord") and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, d/b/a AT&T Mobility, successor-in- interest to Pacific Bell Wireless Northwest, LLC, with its principal address of 575 Morosgo Drive NE, Suite 13-F, West Tower, Atlanta, GA 30324 ("Tenant"), for its wireless communications facility located at 4127 Reith Road, Kent, Washington ("Lake Fenwick"). This Addendum Two amends that certain Lease Agreement entered into between Landlord and Tenant on or about October 8, 2002, together with Addendum One to Lease Agreement, with an effective date of February 2, 2009 (collectively, the "Lease"). RECITALS 1. Pursuant to Section 2 of the Lease the initial term commenced on February 12, 2003, and expired on February 11, 2008. 2. Section 2 provided for three (3) extension terms of five (5) years each. .Tenant exercised its first extension option in Addendum One, which extended the Lease term through February 11, 2013. 3. Tenant and Landlord desire to extend the term of the Lease forthe second extension term which will run retroactively from February 12, 2013, to February 11, 2018. AGREEMENT Landlord and Tenant hereby agree and covenant as follows: 1. Term and Option to Renew. Section 2 of the lease shall be amended to read as follows: The second Lease extension term shall be for a term of five (5) years and shall commence on February 12, 2013, (the "Commencement Date") and shall end on February 11, 2018, (the "Termination Date"). Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to renew this Lease for three (3) additional five (5) year periods, in addition to its one remaining extension option, subject to the adjustment of Annual Rent as described in Section 3. Should Tenant exercise its option to renew this Lease, that option must be exercised in writing and delivered to Landlord at least ninety (90) days before the end of the term then in effect. ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 1 5 5 2. Rent. All terms in Section 3 of the Lease regarding Annual Rent and the increases during the renewal terms and the adjustments to Market Rent shall remain in full force and effect, except as provided below: a. Section 3.a. of the Lease shall be amended as follows: Tenant agrees to pay Landlord as Annual Rent, without notice or demand, the sum of Twenty-Eight Thousand, Eight Hundred and No/100 DOLLARS ($28,800.00), plus leasehold tax, if required by law. The Annual Rent shall be paid in advance, on or before the first day of the anniversary of the Commencement Date during the term hereof. Annual Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. b. Section 3.d. of the Lease shall be amended as follows: The Annual Rent during years two (2) through five (5) of each five (5) year term shall be increased effective as of each anniversary of the Commencement Date by an amount equal to the greater of three percent (3%) or the percentage increase in the CPI over the CPI for the month 12 months prior to the adjustment date. "CPI" means the Consumer Price Index for All Urban Consumers, U S City Average, All Items, issued by the Bureau of Labor Statistics for the United States Department of Labor (1982-84 = 100). If the CPI is converted to a different standard reference base or otherwise revised, the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the Bureau of Labor Statistics. 3. Tenant Improvements, Plans Bonds. All terms in Section 5 of the Lease regarding Tenant Improvements shall remain in full force and effect, except as provided below: a. Section 5.a.1. of the Lease shall be amended as follows: Tenant may improve the Premises by constructing wireless communications antennas on an existing Puget Sound Energy pole, and constructing related wireless communications ground equipment, support structures and cables. Tenant is required, as part of this Lease, to complete all the items listed in Exhibit D. Tenant is responsible to provide all labor, materials, and equipment for the items listed in Exhibit D. Prior to commencing construction on any improvements, Tenant shall provide Landlord with forty-eight (48) hours' notice. Consent by Landlord is not required, provided improvements are only constructed within the Premises, and that all necessary permits have been properly issued. Tenant shall provide Landlord with a copy of all plans and specifications drawn to scale for all improvements no later than sixty (60) days after construction of improvements is complete. The waiver of consent does not apply to the City of Kent acting as a governmental entity issuing permits and other approvals for the work Tenant is requesting to perform, whose schedule is governed by applicable law. ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 2 6 6 b. Section 5.a.4. of the Lease shall be amended as follows: Improvements or modifications are subject to the conditions set forth in section a.(I), (2) and (3) above. 4. Certification. Tenant hereby certifies to Landlord that the Lease is in full force and effect and that there are no uncured defaults on the part of the Landlord under the Lease. 5. General Terms & Conditions. (a) Except as amended by this Addendum Two, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Addendum Two. (b) In case of any inconsistencies between the terms and conditions contained in the Lease and the terms and conditions contained in this Addendum Two, the terms and conditions herein will control. (c) This Addendum Two may be executed in duplicate counterparts, each of which will be deemed an original. (d) Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Addendum Two. IN WITNESS WHEREOF, the parties hereto have executed this Addendum Two, which shall take effect on the last date signed below. LANDLORD: TENANT: CITY OF KENT NEW CINGULAR WIRELESS PCS, LLC A Delaware limited liability company By: AT&T Mobility Corporation Its: MM By: By: Print Name: Print Namperf Roper Its: Its: ngMeering- PNW Date: Date: i ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 3 7 7 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2013, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the CITY OF KENT as its and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires i ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 4 8 8 STATE OF OREGON ) ss. COUNTY OF WASHINGTON) I hereby certify that on the I Z day of��A�LA Cn/J�' 2013, I know or have satisfactory evidence that 2s%i L-)DPA, is the person who appeared before me, and said person acknowledged that he sh igned this instrument, on oath stated that he/ 7e is authorized to execute the instrument on behalf of AT&T Mobility Corporation, Manager of NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, as its ArmB Ma-o-IAA,e — , and such execution to be the free and voluntary act of such party for th47uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above writt n. &a n OFFICIAL SEAL .KATHERINE E ETZEL NOTARY PUBLIC-OREGON— 1 °lArI✓1 ze'` COMMISSION NO 475698 TARY PUBLIC, in and for the State of Oregon MY COMMISSION EXPIRES FEBRUMY14,2l) iding at -TC 1ow,At My appointment expires Zj !4-1/7 P:\Civil\Flies\Open Files\0863-CellTowerLeases\Cingular\Cingular-LakeFenwick-AddendumTwo.doc 1 ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK - Page 5 KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: October 1, 2013 SUBJECT: Desimone Levee Interlocal Agreement with Tukwila - Authorize MOTION: Authorize the Mayor to sign an Interlocal Agreement between the City of Kent and the City of Tukwila for improvements to and FEMA accreditation of the Desimone Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: The State of Washington included in its 2011-2013 biennial budget a $7 million grant for the Briscoe/Desimone Levee. Funding was directed to the King County Flood Control District and is intended to pay for improvements to the levees needed for FEMA accreditation as well as the accreditation process itself. On February 26, 2013, the King County Flood Control District Board of Supervisors passed a resolution to execute a grant agreement with the state for the $7 million and pledged additional Flood Control District funding for this project. On June 6, 2013, the City of Kent and the Flood Control District executed an interlocal agreement for use of the state funds and provided an additional $11 million in Flood Control District funds for this project. The Desimone Levee lies entirely within the city limits of Tukwila and our consultants have identified a segment of this levee as not meeting the Federal Emergency Management Agency's accreditation standards. A failure of this levee segment would result in inundation of parts of Tukwila and the north area of Kent. This interlocal agreement describes the requirements of the City of Kent and the City of Tukwila with respect to design, permitting, and construction of the Desimone Levee repairs. EXHIBITS: Interlocal Agreement with Tukwila with Exhibits RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This work will be funded from the $7,000,000 state grant and the $11,000,000 in King County Flood Control District funds. DEPARTMENT OF ECOLOGY State of Washington Ecology Grant Agreement No. G1300118 between the State of Washington Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements THIS is a binding agreement entered into by and between the State of Washington, Department of Ecology, (PO Box 47600, Olympia, Washington, 98504-7600) hereinafter referred to as the "DEPARTMENT" or as "ECOLOGY' and the King County Flood Control Zone District, hereinafter referred to as the "RECIPIENT"to carry out the activities described herein as authorized by the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget. Recipient Name: King County Flood Control Zone District Water and Land Resources Division 201 South Jackson, Suite 600 Seattle, WA 98104-3855 Recipient Project Coordinator: Jennifer Rice Telephone Number: 206-263-0153 e-mail address: Lennifer.RiceKirggggnty.caov Fiscal Contact for Recipient: Katrina Johnston Telephone: 206-296-1963 e-mail address: Katrina.Johnsto>n Kingcounty.gov_ Payee on Warrant: King County Flood Control Zone District (address as above) Project Officer for the Department: David Radabaugh SEA Program— NWRO WA State Department of Ecology 3190 — 160'h Avenue SE, Bellevue, WA 98008-5452 Telephone Number: 425-649-4260 e-mail address: david.radabaugb@gcywa.gov wa.gov The source of funds provided by the DEPARTMENT are from the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget to improve the Green River Briscoe/ Desimone Levee. Maximum Eligible 100% State Project Cost: $7,000,000 State Maximum Cost Share Rate: 100% UP TO a maximum State Share of$7,000,000". This agreement is effective from January 1, 2013 through June 30, 2016. Page 1 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Scope of Work Project Title: Briscoe-Desimone Levee Improvements Description: The project involves improvements to the Briscoe and Desimone levees which are on the right(eastern) bank of the Green River between River Miles (RM) 14.3-17,00 in the cities of Kent and Tukwila. The Briscoe and Desimone levees are aging earthen levees with over-steepened slopes,a levee crest less than 12 feet wide, and toe scour protection that is generally missing or inadequate. The adjoining river channel lacks adequate in-stream and aquatic edge habitat structure, such as deep pools, large woody debris, and overhanging cover. While originally built to provide flood risk reduction to farmland in the Kent Valley, these aging levees now protect$2.8 billion worth of urban structures and contents. A levee breach or overtopping in this location would have serious implications including threats to public safety, damage to public infrastructure, impacts on the regional economy, and damage to private structures (including homes and businesses). Single-flood damage estimates for a failure of containment by these levees exceed $830 million. The economic disruption to the valley would be measured in years. Businesses with expensive and difficult to relocate or replace industrial machinery are particularly at risk. Because of these significant risks, improvements to this levee segment are a very high priority to the City of Kent and the King County Flood Control District. Work: The scope of this grant agreement focuses on the portion of the levee segment that is between River Mile 15.98 and 16.36. The Recipient shall perform the following work: Scope of Work Task 1: Project Coordination and Administration The Recipient will coordinate throughout the grant period with Ecology and other federal, state, local agencies, and Indian tribes. In its commitment to provide technical assistance throughout the grant period, Ecology will meet with the jurisdiction to present and discuss approaches to floodplain construction issues before work begins. This Task also covers expenses for the recipient to administer the grant including, but not limited to: contract monitoring; coordinating with the Corps of Engineers, FEMA, the City of Kent, and other parties; internal staff reviews; construction engineering management; etc. Cost: $500,000 State contribution: $500,000 Page 2 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Deliverable: Progress Reports are due quarterly for both years per the matrix that follows; see Special Terms and Conditions, Paragraph 9 for details on progress reporting and page 5 for invoicing information. NOW,•,� R 'oit, a M_ *14% First Quarter Jul 1 —September 30 October 30 Second Quarter October 1 — December 31 January 30 Third Quarter January 1 — March 31 Aril 30 Fourth Quarter Aril 1 —June 30 July 30 Task 2: Right of Way (ROW) Plans and Property Acquisitions Acquire ROW necessary for project, including 15 foot maintenance easement on the landward side of the constructed flood wall. All properties acquired will be used to enhance the levee system or used in perpetuity for open space purposes only. Restrictions from future development will be placed on the deeds and will be recorded on the titles. See Exhibit C for the restrictive covenant and related documents which shall become part of the acquisition. Ecology shall be in receipt of complete documentation before payment is released for the acquisition. Cost: $400,000 State contribution: $ 0 Deliverable: (Two copies) Acquisition Report to include but not limited to: 1. A map showing the location of properties purchased; 2. List of properties with names /addresses acquired 3. Right of Way plans 4. Acquisition documents for each property including: a. Title Reports b. Appraisals c. Appraisal Reviews d. Environmental Assessments e. Clean Site Certifications f. Closing Statements g. Offer Letters h. Recorded Deeds and Easements with title restrictions in a form approved by Ecology. i. (Digital) photographic documentation of project properties before and after project implementation in sufficient quantity/quality to effectively illustrate project progress/demolition work. Date Due: June 30, 2014 Page 3 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Task 3: Design Plans The Recipient will prepare a detailed set of design plans for construction of an I-beam flood wall that will meet or exceed FEMA accreditation requirements. Cost: $875,000 State contribution: $875,000 Deliverable: (Two copies) Design Plans, signed and sealed by an engineer licensed in the State of Washington and meeting FEMA accreditation requirements.-. Date Due: June 30, 2014 Task 4: Project Permits The Recipient will acquire all permits and approvals necessary for project completion in a timely manner and in accordance with the schedule below. This task includes obtaining required federal, state, and local project permits and approvals, as well as preparation of all necessary technical studies, engineering studies, and habitat assessments. If a Letter of Map Revision (LOMR) is necessary, then the Conditional LOMR process shall be utilized. Permit Schedule The following permits have been, or will be, obtained. Work Dates Permit Activity Start End SEPA 2/2013 5/2013 NPDES Construction —Wash. Dept. of Ecology 3/2013 5/2013 Hydraulic Project Approval—WDF&W, if required 3/2013 5/2013 Shoreline Substantial Development 2/2013 6/2013 Shoreline Conditional Use Permit, if required 2/2013 6/2013 Flood Zone Permit, if required 3/2013 5/2013 Other, if required Cost: $25,000 State Contribution $25,000 Deliverable: (Two copies) All Permits Date Due: June 30, 2013 Page 4 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Task 5: Construction Project construction will be conducted in accordance with approved plans, specifications, permits, and generally accepted engineering practices. A contractor will be hired to construct the floodwall to meet or exceed FEMA standards for 100 year flood levee certification. Cost: $5,700,000 State contribution: $ 5,600,000 Deliverables: • Two copies: As-built drawings, signed and sealed by a professional engineer licensed in the State of Washington. • Two copies: Final project summary report, signed by the Project Engineer declaring that the project was, to the best of his/her knowledge, constructed and completed in accordance with the construction plans and specifications and generally accepted engineering/construction practice. • Two sets: Digital photographic documentation of the project before and after construction in sufficient quantity to effectively illustrate important phases of construction and project progress. Date Due: June 30, 2015 Budget Budget Conditions 1. Project Administration: For the administration of this agreement the RECIPIENT must follow the current edition of the Administrative Requirements for Ecology Grants and Loans (Yellow Book). 2. Invoicing: • Grants are awarded on a reimbursable basis. The Recipient initially pays project costs in full. Upon presentation of an invoice to Ecology, Ecology's share of the project is reimbursed to the Recipient. • Expenditures will be monitored by the Ecology Fiscal Office for compliance with the budget (see below). Budget deviations are allowed between tasks (e.g., a grantee may spend less money on one task and more on another), but in no circumstances may the state share of the project cost be exceeded without a prior written amendment When submitting invoices to Ecology, the RECIPIENT shall itemize all costs by task and provide subtotals by task on Ecology's Form C2, Voucher Support Form. All payment requests must have forms A, B, C (and D if applicable), be accompanied by supporting invoicing documents a commensurate progress Page 5 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements report, and receive Ecology Project Officer approval before payment can be released. NOTE: For payment requests, the RECIPIENT must use the Ecology forms contained in the Yellow Book. Otherwise, Ecology will return requests to the RECIPIENT for submittal on the correct forms. • Forms - http:/Iwww.ecy.wa.gov/biblio/9118A.httnl • Yellow Book- http://wwW.gcy wa.goy/Io blio/9118.html ® The RECIPIENT must maintain complete backup documents including but not limited to all invoiced costs and time sheets- signed and dated by employee and supervisor. The RECIPIENT must keep these expenses in grant files according to budget task for a period of three years after project completion and make them available at any time for inspection by the DEPARTMENT. ® Requests for reimbursement must be submitted at least quarterly but not more than once per month by the RECIPIENT on state invoice voucher forms. Financial reports will be submitted 45 days after the quarter closes. The indirect rate must not exceed 25 percent of direct (staff) labor and benefit costs. This rate covers space utilities, miscellaneous copying, telephone, motor pool,janitorial services, records storage, rental, county fiscal and legal services, etc. Items not included in. this list must be reported with the first payment request and must remain consistent for the life of the grant. ® Right to Audit: The Recipient agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit ex- amination not to constitute allowable costs under this grant. The Recipient shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under completed or terminated grants.. ® Final payment of grant projects is contingent on receipt of viable deliverables as listed in this grant agreement. A final invoice will be submitted 45 days after the final quarter of the grant agreement. 2. Budget (for RECIPIENT reporting and Ecology tracking purposes): The source of funds provided by the DEPARTMENT are from the 2011-2013 Washington State Legislature, SB 6074, §3009 Capital Budget. State Funding is as follows: Maximum Eligible 100% State Project Cost: $7,000,000 Estimated Costs Work Item State Cost KCFCZD Total Cost Cost Task 1 Project Coordination &Administration $500,000 0 $500,000 Task 2 Right-of-way Plans & Property Acquisition 0 $400,000 $400,000 Task 3 Design Plans 875,000 0 $875,000 Task Project Permits 25,000 0 $25,000 Task 5 Construction 5,600,000 100,000 $5,700,000 TOTAL PROJECT COST ' $7,000,000 $600,000 $7,600,000 Page 6 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Special Terms and Conditions AGREEMENT PROVISIONS 1. Compliance with all Laws: The Recipient shall comply fully with all applicable federal, state and local laws, orders, regulations and permits. 2. Restrictions on Lobbying: The Recipient of this agreement Is prohibited from using funds provided by this agreement for lobbying purposes in accordance with the Administrative Requirements for Ecology Grants and Loans, Publication No. 91-18, current edition, Part III, Section G. 3. Local Decision: This grant is made in response to a request for financial assistance from the Recipient to undertake flood damage prevention projects. The choice of floodplain management activities addressed by this grant is a local decision made solely by the Recipient. The Recipient is not acting as an agent of the State. 4. Lawsuits: The Department shall not be responsible for any non-contractual damage or inverse condemnation claims resulting from the structures or works constructed, repaired, restored, maintained, or improved pursuant to this grant. 5. Indemnification, Hold Harmless and Duty to Defend a. The Department shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the scope of work. b. This paragraph applies to negligence based claims only. All other claims are governed by paragraph 4 of this section. To the extent the constitution and laws of the State of Washington permit, Recipient shall indemnify, defend and hold harmless the State, its agencies, officers and employees, from all claims, suits or actions brought for any or all injuries to persons or property arising from, or as a consequence of, negligent acts or omissions related to the construction, restoration, repair, maintenance, improvement or operation of the structures or works for which this grant is provided. If the structures or works for which this grant is received are a portion of an integrated flood protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that this provision is not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor is it intended to, and it shall not be construed to, confer any rights upon third parties. The Recipient will not be required to indemnify, defend, or save harmless the State, its agencies, officers or employees as provided in the preceding paragraph of this section if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the State. Where such claims, suits, or actions result from the Page 7 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements concurrent negligence of(a) the State, or the State's agents or employees and (b) the Recipient or the Recipient's agents or employees, the indemnity provisions provided in the preceding paragraphs of this section shall be valid and enforceable only to the extent of the Recipient's negligence or the negligence of its agents and employees. C. To the extent that the constitution and laws of the State of Washington permit, Recipient shall indemnify and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the continued operation, maintenance, or repair of the structures or works constructed, restored, repaired, maintained or improved as a result of this grant. If the structures or works for which this grant is received are portions of an integrated flood protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that the indemnity provisions of this paragraph are not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor are they intended to, and they shall not be construed to, confer any rights upon third parties. This agreement applies to all non-negligent, non-contractually based claims including, but not limited to, inverse condemnation, contribution, indemnification, trespass and/or nuisance. 6. Quality Assurance Project Plans (QAPP): IF this project involves the collection of environmental measurement data, the Recipient needs to prepare a QAPP to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating this data. The plan shall be conducted in accordance with the DEPARTMENT'S Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , current edition, (Ecology Publication No. 04- 03-030) available at hftp://www.ecy.wa.gov/biblio/0403030,html The plan must describe the monitoring and data quality objectives, procedures, and methodologies which will be used to ensure that all environmental data generated will meet these requirements. The size and complexity of the plan should be cost effective and in proportion to the magnitude of the sampling effort. In developing the plan, the RECIPIENT may also reference Ecology's Technical Guidance for Assessing the Quality of Aquatic Environments, February 1994 (Ecology Publication No. 91-78), available at http://www.ecy.wa.goy/biblio/9178.html. The QAPP report shall be limited to a concise description of the environmental measurement aspects of this project. Ecology's Project Officer shall review and approve this plan prior to initiation of work. The QAPP plan may describe the following elements: ■ Assumptions that direct the collection and analysis; ■ Resources used (such as flights for aerial photos); ■ Resource documents that will be consulted; ■ Field methods employed; ■ Office methods employed; ■ Training level of staff involved in data collection and analysis; ■ Equipment/materials to be used and accurate calibration assurance. 7. Coordination with Ecology's Geographical Information System (GIS): IF this project involves developing GIS data, the Recipient shall coordinate with Ecology's GIS office Page 8 of 24 Flood Agreement No. G130011 S between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements in an effort to promote compatibility and to encourage sharing of geospatial data.To facilitate data sharing, the Department utilizes the following standards: ESRI's ARC/INFO m Current version ESRI's ArcView Current Version Horizontal Datum NAD 83 HARN Vertical Datum NGVD 88 Projection System Lambert Conic Conformal Coordinate System WA State Plane Coordinates Coordinate Zone South Coordinate Units Feet Accuracy Standard +/-40 Feet(1:24,000) minimum accuracy to within a foot of the true North American datums stem Vector Import Format ArcExport, DLG and/or DXF, shapefiles Raster Import Format TIFF, BIL/BIP, RLC,GRID,ERDAS, SID Whenever possible, the Recipient is encouraged to utilize the standards listed above when compiling data. To discuss the usage of other standards, please contact Jerry Franklin at 360 407-7470; Fax: 360 407-6902; E-Mail:jfra461@ecy.wa.gov or Dan Saul at 360-407-6419; E-Mail: dsau461()ecy.wa.gov for further data sharing and compatibility information. The RECIPIENT shall submit copies to Ecology's Project Officer with complete documentation as it relates to all digital data, GIS coverages, shape files, related tables and map products. 8. Responsibilities of the Project Coordinator: The Recipient's Project Coordinator shall be responsible for the procedural obligations under this agreement in addition to his/her duty to coordinate the planning effort hereunder. He/She shall cooperate with all parties concerned in every way possible to promote successful completion of the services described in the Scope of Work. 9. Quarterly Reporting Quarterly Reports are contingent on the effective date of the agreement. For timely preparation and review, quarterly reports shall convey essential information in a simple, concise manner through the use of bulleted summary statements, lists, and tables and include the following: a. A comparison of actual accomplishments to the objectives established for the reporting period including a description of issues on fisheries resources; b. For any work related to GIS, designate data standard utilized and associated data documentation. c. Status of project schedule d. Personnel changes e. Any difficulties encountered during the quarter. f. Environmental benefits being achieved by the project Page 9 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Reporting Periods for each year of the agreement dependent on the start date: a� First Quarter (Year 1) Jul 1 —September 30 October 30 Second Quarter October 1 — December 31 Jan 30 Third Quarter Year 2 January1 — March 31 A ril 30 Fourth Quarter Aril 1 —June 30 Jul 30 For Report Contents and Ecology's form: Please visit our website at: hftp://www.ecy.wa.gov/progra m s/sea/grants/flooddamageprevention County or City Name Grant No.G+300_ 10. Identification of Project Materials -All reports, maps, and other documents published as part of this grant agreement shall carry the name of the RECIPIENT, Ecology's grant number (in the upper right hand corner), title, the specific task number of the Project Title product and centered on e front cover or e e or in Task Title pd d date td the t titla page( Task Number the case of maps, the block which contains the name of the Date Government unit or Department). 11. Format for Publications and Brochures: Any (hard copy) publications or brochures required as a product of this agreement shall conform to minimum standards of size, 8-1/2" x 11"white, recycled paper equivalent in weight to 20 lb. bond, single spaced, printed both sides, no less than 1" margins. Photos, illustrations, and graphs must be of reproducible quality. Any publications or brochures intended for public distribution shall comply with graphic requirements as specified in Ecology's "Publications Handbook", publication number 91-41 and any additional specifications as may be outlined in the Scope of Work. 12. Amendments: A 'letter" amendment is a written request by the Recipient to extend the project completion and expiration dates provided that is allowed by the grant program . On the approval of Ecology's project officer, the request is then forwarded to the Ecology Budget and Fiscal Offices for processing. A formal amendment is required for a significant change to the scope of work or an increase to the total eligible project cost and is signed by both parties. 13. Minority And Women's Business (MWBE) Participation: The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women-owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10% MBE 6%WBE Architecture/Engineering 10% MBE 6%WBE Page 10 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe t Desimone Levee Improvements Purchased Goods 8% MBE 4%WBE Purchased Services 10% MBE 4%WBE Professional Services 10% MBE 40/oWBE Meeting these goals is voluntary and no contract award or rejection shall be made based on achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: a. Include qualified minority and women's businesses on solicitation lists. b. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: f. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. g. The total dollar amount paid to qualified firms under this invoice. 14. Right to Audit: The Recipient agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit examination not to constitute allowable costs under this grant. The Recipient shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under com- pleted or terminated grants. 15. Grant Closeout: The end date for this project is June 30, 2015. A grace period of 45 days for all deliverables and invoice vouchers is allowed as stipulated in the scope of work or by the State Office of Financial Management(OFM) through Ecology's Fiscal Office. 16. All Writings Contained Herein: This agreement, the appended "General Terms and Conditions", and the Department's current edition of"Administrative Requirements for Ecology Grants and Loans" contain the entire understanding between the parties, and there are no other understandings or representations except those set forth or incorporated by reference herein. No subsequent modification(s) or amendments to this Page 11 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement; EXCEPT a letter amendment will suffice to extend the period of performance as set forth on the page 1 of this grant agreement. IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement: State of Washington Department of Ecology King CountyFlood Control Zone District Gordon White Date Signature, Authorized Official Date Program Manager Shorelands and Environmental Assistance Programme L�t�r� iTy Print NaYne of Authorized Official Approved as to form only by Title of Authorized Official The Assistant Attorney General (Note: Insert additional signature blocks(s) and/or pages if more than one signature block is required) Page 12 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Appendix A: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE ° The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws,regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. Page 13 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A- 133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. Page 14 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/ Desimone Levee Improvements The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.S. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grantfloan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state Page 15 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph KA above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s)to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement, Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing Page 16 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www,ecy.wa.gov/sustainability. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Page 17 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the"Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 04104 Page 18 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe!Desimone Levee Improvements Appendix B: Site Map - Detail r� Tulr -' " ry, Bnscoa-Dosimcne Levee hnprovement.I Project Area J! �I ff x= tLettt F ItlIb�K�.utlauRty .x {{dddd 9 . ...,.btl2M 31 < N y Page 19 of 24 # a , r m z 4 _ g � # a ' 17 - — is IT ' _ W— "; Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Appendix C: Restrictive Covenant Boilerplate for the Green River Levees Restrictive covenant for the City of Tax Lot# Upon recording return to: Project Manager: Department: City: Address: Restrictive Covenants Notice is hereby given that the property acquisition, hereinafter referred to as the " " property, more particularly described in Exhibit "A," is subject to the use restrictions listed below. The purpose of these restrictions is to prevent this land from future development and to ensure that the property will be used to enhance the Green River Levee system in perpetuity while allowing public access. These restrictions are a condition of the grant funding appropriated by the Department of Ecology as authorized by the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget to improve the Green River Briscoe / Desimone Levee that protects communities in the Lower Green River Valley from flooding and are enforceable by Ecology. Uses of the property are restricted as set forth below. These restrictions and obligations are intended to run with the land and shall be binding on the city of , its heirs, successors, and assigns: 1) Enhancing the Green River Levee to protect the Lower Green River Valley from flooding; 2) Maintaining vegetation and providing new native vegetation as necessary to prevent levee erosion and to manage the growth of non-native exotic species (such as Reed Canary grass, purple loosestrife, etc.); 3) Allowing for inspection, maintenance, repair, and necessary reconstruction of the levees; 4) Allowing for levee access ; 5) Maintaining and improving the levee system for the enhancement of fish and wildlife habitat; 6) Providing for open space as deemed appropriate; and 7) Restricting acquisition areas from future development other than required for levee improvements. Legal Description of Acquisition Area, is attached as Exhibit "A" Page 21 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe!Desimone Levee Improvements In witness whereof, the City of has executed this document this day of 20_, at (city), Washington. CITY OF Signature, Authorized Official Print Name of Authorized Official Title of Authorized Official STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that _(name) is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Page 22 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Restrictive Covenants Exhibit A: Legal Description of Acquisition Area Page 23 of 24 06 0OL / \ § ko a r§ @ j kk 2 \ § # - o « 7cnf - w — | | _ % . % k kk § / 2 k J k ! ƒ 2 § ® /) c § ! Er £ f ! k o E _ k ! ■ )J ! A ) \ o f 2 )) ) ° ;CY - ° dal ` \ 2 � k 0 2 LP \ E § L — mm § � ) � ) k§ k ° ® ! o « £; k3 / f , < . ƒ) Zf 0 k ƒ/ 2 ! AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE Briscoe—Desimone Levee River Mile 14.3 to 17.0, Right Bank THIS AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE ("Agreement") of the Briscoe—Desimone Levee, River Mile 14.3 to 17.0, Right Bank ("Levee") is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation (`City"), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal corporation of the State of Washington(`District") (collectively,the "Parties"). RECITALS A. King County, Washington, through the Water and Land Resources Division of the King County Department of Natural Resources and Parks ("WLRD"), as service provider to the District pursuant to an interlocal agreement with the District, operates and maintains a major portion of the Green River Levee System. B. The Briscoe-Desimone levee (`Levee") is a key part of the Green River levee system. The District Board of Supervisors desires to improve the Levee by constructing new floodwalls at four sites, known as Reaches 1, 2, 3 and 4, described and shown in Exhibit A (Sheet 1 of 4 and Sheet 3 of 4). The four floodwall projects will hereafter be referred to individually as "Reach "X" Project" or "Reach Project," and collectively as "Levee Project," "Levee Reaches," or "Reach Projects." The Levee Project is planned for construction from 2013 through 2015. The Reach 3 Project will be constructed first, beginning in 2013. C. Based on a collaborative effort, presentation and request to the State Legislature in the 2012 Legislative Session, the Legislature passed ESHB 6074 relating to the 2011=2013 State Capital Budget. Section 3009 of ESHB 6074 appropriated $7,000,000 to the District for the "Briscoe-Desimone levee improvement project". This amount was based on the City's estimated cost to construct the Reach 3 Project in order to meet National Flood Insurance Program accreditation standards, and allow the Federal Emergency Management Agcncy ("FEMA") to verify compliance with such accreditation standards. Unless the State Legislature reappropriates fire funds into the 2013-2015 biennium, the appropriation will need to be expended prior to June 30, 2013 D. Using ESHB 6074 funds, the District desires to authorize and the City desires to construct the Reach 3 Project as soon as possible, in order to provide for the safety of the residents and businesses that will be protected by this levee. 1 EC approved (RB-RIO E. By Resolution FCD2013-06, adopted on April 29, 2013, the District Board of Supervisors authorized the Chair of the Board to enter into a Grant Agreement (No. 01300118) with the state Department of Ecology relating to the use of the $7,000,000 for the Reach 3 Project ("DOE Agreement'). The DOE Agreement estimates that the cost of the Reach 3 Project will be $7,500,000, with a maximum grant amount of $7,000,000 and a maximum District contribution of$500,000. F. By Resolution FCD2013-02.2, adopted on February 26, 2013, the District Board of Supervisors declared its intent to address urgent flood risk reduction needs throughout King Comity and to work cooperatively with Green River cities to manage flood plain resources. In this Resolution, the District Board of Supervisors also approved funding for the Levee Project under certain conditions and requirements to be satisfied by both the City and the District G. In Resolution FCD2013-02.2, the District Board of Supervisors did not specify a maximum funding for the Levee Project. During the District Board of Supervisors' discussions of this Resolution, the City stated that the estimated cost of the Levee Project would be $17,000,000. The District Board of Supervisors required changes to the design of the Levee Project floodwalls and called for additional setbacks for the Reach 1 levee. The City also stated that the required design change would add an additional $1,000,000 to the Reach 1 Project cost, resulting in a total cost of$18.000,000 for the Levee Project. H. After adoption of Resolution FCD2013-02.2, the City revised its estimate for construction of the Levee Project to $18,500,000. The District has not reviewed or analyzed this City estimate. � I. The Parties desire to enter into this Agreement to establish the terms and conditions for the Levee Project, and for all four Reach Projects. J. By Motion FCD11-02.1, adopted on July 6, 2011, the District Board of Supervisors adopted certain levee maintenance and repair standards and requirements and addressed countywide flood protection levels, levee accreditation and certification. This Motion is applicable to the Levee Project, to the extent that the Motion is consistent with Resolution FCD2013-02.2. AGIZF,F,ATF NT Based upon the lbreguin,g, the Parlies agree as ollows. 1. Incorporation of Recitals—Scope of Apreenient. All recitals above are hereby incorporated and ratified as part of this Agreement. This Agreement establishes the terms and conditions for design; construction, installation, operation, maintenance and repair of improvements to the Levee and its four Reaches; as those terms are defined in the recitals above. 2 EC approved (RG-RK) 2. Definition of District. Unless provided otherwise in this Agreement, the term "District" hereinafter also shall include WLRD in its capacity as service provider to the District. 3. Interlocal Agreement with Tukwila. The City of Dent shall enter into an agreement with the City of Tukwila to act as lead agency for all work within the City of Tukwila. 4. Levee Design, Construction and Reimbursement. a. The City shall design, construct and install the improvements to the Levee Project and the four Reach Projects described and depicted on Exhibit A,. attached hereto and incorporated herein by reference in accordance with this Agreement, the DOE Agreement", and District Resolution FCD2013-02.2 ("Resolution") (the Resolution is attached as Exhibit B, which is incorporated herein by reference), as supplemented by the terms and conditions of Attachment A to Exhibit B, attached hereto and incorporated herein by reference. By executing this Agreement,the Parties acknowledge receipt and review of the DOE Agreement. b. The City shall obtain and be responsible for all necessary local, state, and federal permits and approvals for the Levee Project, and shall fully comply with all applicable requirements and conditions thereof. C. The Parties acknowledge and understand that at the effective date of this Agreement, most but not all of the estimated cost of the Levee Project is included in the District's 2013-2018 Six-Year CIP, most but not all of the estimated cost of the Reach 3 Project is included in the District's 2013 Budget, and the estimated cost of the Reach 1, 2 and 4 Projects is anticipated to be included in the District's budgets for 2014 and thereafter. The District's obligation and responsibility to provide funding for the Levee Project, including all four Reach Projects, is conditioned upon appropriation by the District Board of Supervisors of sufficient funds to finance the Levee Project and the four Reach Projects, including the Reach 3 Project in the 2013 and 2014 calendar years. Tf the District Board of Supervisors fails to appropriate expenditures in a District budget to reimburse the City for costs and expenses related to the Levee Project or any of the four Reach Projects, the District reserves the right to terminate this Agreement, and the City shall immediately terminate work on any and all Reach Projects; provided, that until substantial completion of a Reach Project, the District shall continue to accept and review City requests for reimbursement up to the amount of fiords appropriated in an approved District budget and sell available for reimbursement tinder the DOE Agrecincnt or this Agreement. d. The. City's cost and expense for the Levee Project improvements shall be reimbursed pursuant to the procedures; requirements and restrictions of paragraph 13 below. e. The City shall obtain and convey to the District or Ding County any necessary easements for design or construction of or access to the Levee in the form of the standard River Protection Easement in Reference 8=P to the Ting County Surface Water Design Manual. These 3 EC approved (RB-RK) easements shall include all of the improvements designed and built under this Agreement; all areas necessary for any temporary erosion control measures; a 15-foot maintenance/inspection corridor along the landward side of these areas; and suitable access for heavy equipment to reach all of these areas from the public roadways. All of the easements required for construction of any floodwall segment in Reaches 1 through 4 must be approved, accepted and recorded by the District before commencement of construction of such floodwall segment. The City also shall obtain and convey to the District or King County all restrictive covenants as required by the DOE Agreement for the Reach 3 Project, and as required by other state of Washington Department of Ecology agreements that provide funding for the other Reach Projects. 5. Levee Maintenance, Operation and Repair Standards. The District shall operate, maintain and repair the Levees in accordance with this Agreement, which includes Exhibit C, attached hereto and incorporated herein by reference, and with District general standards, requirements and policies for operation, maintenance and repair of Green River levees, as these are determined and applied by the District, provided that: a. The District shall not be obligated to operate, maintain and repair a Levee if FEMA does not approve a risk-based approach to operation, maintenance and repair of the Levee; and b. If the total cost of Levee operation, repair, and maintenance in the project area shown on Exhibit A exceeds the sum of average annual costs for the Green River levee system over the number of years this agreement has been effective, the City shall cover all costs and expenses in excess of the average. For this purpose, the average annual cost is $95,000 per levee . mile per year in 2013, to be adjusted for inflation each year thereafter. The District will provide the City with an annual report of operation, repair, and maintenance costs incurred in the project area. 6. District Review of Levee Plans and CLOMR Applications. The City shall provide to the District a schedule of the material and significant events and actions for design and bidding of each Reach Project, which events and actions shall include, but not be limited to, three design stages and the invitation to bid. The City shall submit plans and specifications for each of these three design stages to the District for review and comment. For all Levee Reaches, at least thirty (30) days before advertising an invitation to bid, the City shall submit to the District for review and comment the plans, specifications and requirements of the invitation to bid and the application (with attacients and exhibits) for a FEMA Conditional Letter of Map Re-visiou ("CLOMR"). The District shall submit any comments within thirty (30) days of receipt of the documents. 7. Additional Activities. The District will provide enhanced monitoring of the Levee through slope stability instrumentation, and the District may seek reimbursement of the cost of such monitoring from State of Washington funding. a 6C approved (R°-RIO 8. District Inspections. The District shall have the right to inspect the City's construction of the Levee Project. 9. Contracts for Levee Work. Upon execution of a contract for construction of a Reach Project, the City shall send a copy of the contract to the District. 10. Record Drawings; Retention and Review of Documents. The City shall submit to the District record drawings for each Reach Project, in a form and with detail required by the District. The City agrees to maintain documentation of all planning, design, constriction and inspection of all Reach Projects sufficient to meet state audit standards for a capital project, recognizing that the costs of the Levee work are paid for in whole or in part by City, District and State of Washington funding sources, and that the City, the District and/or King County may seek recovery of costs expended from other governmental funding sources. The City agrees to maintain any additional documentation that is requested by the District. City contracts and internal documents shall be made available to the District for review and/or independent audit upon request. 11. Access; Special Use Permit. To the extent that the District's or King County's property interests require and allow, the City shall follow the District and/or King County processes for obtaining, as applicable, special use permits, consistent with King County special use permit procedures and standards, and shall obtain such permits for any City access to and construction and inspection work on the Levee. The District shall waive any applicable bond requirements. If Levee Project work involves access to and use of real property for which neither the District nor King County has real property interests or rights, the City shall be responsible for obtaining real property rights sufficient for City access to and construction and inspection of such Levee Project work, and District and WLRD access to and maintenance, operation and repair of the Levee. 12, District Costs and Expenses. a. The total cost to the District of the four Reach Projects shall not exceed $11,000,000, of which the District's maximum contribution toward the Reach 3 Project shall be $500,000. b. For the Reach 3 Project, the District shall seek reimbursement from the. State of Washington funding under the- DOE Agreement or from the District's maxim rrn comuibmi.on of $'500,000 tov✓ard the beach 3 Project. The District reimbursement shall be for all actual costs and expenses incurred by ilre District as of January 1, 2013 to review Reach 3 Project design and construction documents and to inspect the Reach 3 Project work. c. for Reach Projects 1, 2 and 4, the District shall seek reimbursement from the District's maximum contribution of S10,500,000 toward Reach Projects 1, 2 and 4, for all actual 5 FC approved (R6-RK) costs and expenses incurred by the District as of January 1, 2013 to review Reach Projects 1, 2 and 4 design and construction documents and to inspect the Reach Project work d. For King County employees providing the services to the District described in subsections b and c above, the actual costs shall include salaries, employment benefits and administrative overhead. 13. Reimbursement of City Expenditures. a. No more than once a month, the City shall submit requests for reimbursement of City costs and expenses incurred on or after January 1, 2013 for design, right-of-way acquisition, construction and inspection of the Reach Projects. The requests shall be in a form and shall contain information and data as is required by the District. b. For the Reach 3 Project, the District shall review the requests to confirm that they are reimbursable and payable under the DOE Agreement and this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request. For reimbursement amounts approved by the District and paid for under the DOE Agreement, the District shall send a request for such reimbursable amounts to the appropriate State department for review and approval, up to a maximum of$7,000,000. Within thirty (30) days of receipt of State funds, the District shall forward the State funds to the City. For requests that are not reimbursable and payable under the DOE Agreement, the District shall endeavor to review such requests within thirty (30) days of receipt of the request, in order to determine whether they are reirnbtrrsable and payable under this Agreement. Any approved additional reimbursement shall not exceed a total of$500,000, less any funds paid to the District under this Section 13, without prior authorization from the District. If there are funds remaining from the DOE grant subsequent to construction, the District shall submit a request to DOE to utilize those funds on Reaches 1, 2, and/or 4. The District shall forward the approved reimbursement to the City within forty-five (45) days of the City request. G. For Reach Projects 1, 2 and 4, the District shall review the requests to determine whether they arc reimbursable and payable under this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request. Any approved reimbursement shall not exceed a total of$10,500,000, less any funds paid to the District under° Section 12.c., without prior authorization from the District, The District shall forward the approved reimbursement to the City within forty-five (45) days of receipt of the City request. d. The District may postpone review of a City request for reiiriburscmeni where all or any part of the request is inaccurate or incomplete. The District shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall provide the requested information or data within thirty (30) days of the request for such 6 EC approved (R6-RK) information or data. If the request is still inaccurate or incomplete in the opinion of the District, the dispute shall be resolved in accordance with paragraph 22 below. After resolution of the dispute, the District shall send a request for reimbursement to the appropriate State Department or provide reimbursement as provided in this section 13. 14. Levee Warranty. The City shall warrant the materials, work and function of a Reach Project for five (5) years after the City's acceptance of construction of the Reach Project. 15. Compliance with Laws and Regulations. The City shall be responsible for compliance with all applicable laws and regulations, and obtaining all required permits, approvals and licenses in connection with a Reach Project. 16. Impact on Other Reaches or Segments. The District and the City agree that the improvements to the Levee under this Agreement should not have a detrimental effect on other segments or reaches of the Cneen River levee system. The improvements to the Levee shall be deemed not to have such a detrimental effect where the improvements fully protect the conveyance capacity and storage volume of the floodplain during base flood (100-year flood) conditions, as demonstrated by compliance with King County flood hazard regulations, which are Sections 21 A.24.230 through 21A.24.260 of the King County Code. 17. Duration. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect for thirty(30) years from the effective date. 18. Third Parties. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability to the City, the District and/or King County, granted under state statute, including Chapters 86.12 and 86.15 RC W, or as otherwise granted or provided for by law. 19. Liens and Encumbrances. The City acknowledges and agrees that it will not cause or allow any lien or encumbrance arising from or related to the Levee work authorized by this Agreement to be placed upon the real property interests of King County and the District. if such lien or encumbrance is so placed, King County and the District shall have the right to remove such lien and charge back the costs of such removal to the City. 20. Indemnification. To the maximum extent permitter) by law, the City shall defend, indemnify and hold harmless the District and King County, and all of their officials, employees, principals and agents, from arty and all claims, demands, suits, actions, losses, costs, reasonable attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the design and construction of the improvements to the Levee under this Agreement. As to all other obligations udder this Agreement, to the maximurn extent perrniUcd by law, each Party shall d-efend, indemnify and 7 EC approved (RE-RI<) hold harmless the other Party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties. and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indenmifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the District or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party's obligation hereunder applies only to the extent of the negligence of such Parry or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. This waiver. has been mutually negotiated. 21. Insurance. Each Party recognizes that the other is self-insured and accepts such coverage for liability arising tinder this Agreement. Should any Party choose not to self-insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 22. Dispute Resolution, The Parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements or payments, as provided for in paragraph 13 above, submittal of all relevant information and data to an indep_endent Certified Public Accountant and/or a Construction Claims Consultant, if agreed upon by the Partics, for a non-binding opinion as to the responsibility. b. If the foregoing does not result in resolution and for all other disputes, the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for Icing County, Washington. G. Each Party will be responsible for its own costs and attorney's fees in connection with the dispute resolution provisions of this paragraph 22. O EC approved (PS-RK) 23. Entire Agreement; Amendment. This Agreement, together with its Exhibits A through D, represents a full recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. Should any conflict exist between the terms of this Agreement and the terms of the Exhibits, this Agreement shall control. 24. Binding Nature. The rights and duties contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns. 25. Notices, Communications and Documents. All communications and documents regarding this Agreement shall be sent to the Parties at the addresses listed below unless a Party gives notice of a change of address. 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 address state below or such other addresses as may be hereinafter specified in writing. 26. Authority. "The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. CITE' OF KEN T KTNTG COUNTY FLOOD CONTROL ZONE DISTT- 47T By: ?✓of G= By' c- S t Cooke '' Its y r r Its: Board Chair DATE: % ': DATE: APPROVED AS TO Fv? v1 APPROVED AS,T431':)1Z( ; � . , rr 'Cfly Attorney - ' Legal Counsel 9 ECappioved (RG RK) EXHIBIT A Sheet 1 of 4 Description of Briscoe-Desimone Levee Improvements The Briscoe-Desimone Levee is located along the right bank (easterly side) of the Green River between S. 2W' Street and S. 180th Street, (see Figure 1, Exhibit A Sheet 2 of 4). The Briscoe levee is located along the right bank of the Green River between S. 200«' Street and S. 189" Street within the City of Kent. The Desimone levee is located along the right bank of the Green River between S. 199" Street and S 1801h Street in the City of Tukwila. Together these levee segments are approximately 2.7 miles in length and protect properties within the cities of Kent, Tukwila and Renton. Tilt-up style buildings (manufacturing and industrial) are located adjacent to the entire stretch of levee. Four sections (reaches) of the levee, approximately 4,450 linear feet, don't meet slope and stability requirements and need repair to meet FEMA accreditation requirements. Reach 1 is located between RM 14.47 and 14.63 and totals 1,050 If. Reach 2 is located between RM 15.45 and 15.57 and totals 8501f. Reach 3 is between RM 15.98 and 16.36,totaling 2,350 If and Reach 4 is between RM 16.95 and 17.00 and totals 200 If. Reaches 1, 2 and 3 are on the outside of sharp bends in the river and Reach 4 is just north of the S. 200`h Sheet Bridge. Structural steel sheet pile walls are proposed to be installed at the back of the existing levee slope to act as a secondary levee to reduce flood risk to the cities of Kent, Tukwila and Renton and protect the large number of warehouses,manufacturing facilities and some retail establishments behind these levees. These areas are shown on Figure 2, Reach Location Map (see Exhibit A Sheet 3 of 4). In addition, large stumps and roots will be removed in areas between the four reaches along the levee where they could compromise levee stability and/or are in the construction project area. The walls will provide a minimum of 3 feet of freeboard above the predicted 100-year flood event, (see artist rendering Exhibit A Sheet 4 of 4). This proposal allows for some re-vegetation and habitat restoration work along the river between the ordinary high water line and the trail in areas where the wall is constructed. In areas where walls are installed, bencbes will be constuoted where feasible acid native vegetation will be planted above the ordinary high water line. 10 EC approved (RE!-RI:) r =I r s aI Y f 'I I LILT- Tv .1 .S 180iH ST �y l TUKWIlad ' - J 01 ter, � —_ o S 190t STD' Oui 'I —,_m loll of. �f S IS'4t I a 5 gg (1 aV f � 196th T BMSCOFDESIMOOE LEVEE J c � zi S 217TH 5T�J d , qr z� o � N (I I � F- t- {{ d G /i £NGl J LRft G GfP �T1i N7 i ITY ZS-F KENT FIGURr 1 VICINO-Y HAP oaAy nl So- NET 70 SCALE b -- - a - WSCOF DESII-4ONC LEI/EF APPROVED DATE C.AGoalgrAC -SOn OESIMOF' FIlS�hgA=EF V el,�n. 10/D 'Ejz 1. 0 25 Fe-� Y w o cc 1 Y v �S7 O 07 —J a a o : 1 , k7 < .4. 5 1IIOTH ST SW 43rd tr. ST, TUKWILA f i �./ �_. 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M ; ". _.... m� a ;'.. _ MEE e s offm N-Em ME :a1 MIN s ,.� e... _....,,_ .... ............ , EEEEEE Jm. ,,, KING COUNTY I'm King County courthouse 516 Third Avenue Snale,WA 9S 104 Signature Report King County February 26, 2013 FCD Resolution Proposed No.FCD2013-02.2 Sponsors 1 A RESOLUTION relating to the Briscoe-Desimone levee on the 2 Green River; initiating a comprehensive planning process and 3 providing funding for the Briscoe-Desimone levee project on 4 certain conditions. 5 WHEREAS,public safety is the highest priority for the allocation of King 6 County Flood Control Zone District ("District")funds; and 7 WHEREAS,the District seeks to address urgent flood risk reduction needs 2 throughout King County; and 9 WHEREAS,the Green River valley is home to over 100,000 jobs, contains one 10 of the largest warehouse and distribution complexes in the nation,has an annual payroll 11 of$2.8 billion (one-eighth of the gross domestic product of the state of Washington) and 12 accounts for annual taxable revenue of over$B billion; and 13 WHEPEAS, Policy G-13 of the 2006 King County Flood Hazard Management 1.4 Plan, which has been adopted by the District as its comprehensive plan("District's 15 Comprehensive Plan"), states that 1Zing County and the cities and Towns therein should 16 work cooperat vely to manage Roodplaiu resources; and 17 WHEREAS, Policy 6-9 of the District's Comprehensive Plan states that King IS County's rivers and tributaries and their associated Iloodplains should be managed for 19 multiple, and sometimes competing, uses and objectives; and 1 FCD Resolution 20 WHEREAS,the Briscoe-Desimone levee on the Green River is located between 21 South 180th Street and South 200th Street in the cities of Kent and Tukwila('Briscoe- 22 Desimonc Levee"); and 23 WHEREAS, in 2012 the Washington state legislature awarded to the District a 24 grant of$7 million for the Briscoe-Desimone Levee prgject; and 25 WHEREAS, the District hired an expert third patty("Third-Party Reviewer")to 26 review two alternative designs for the Briscoe-Desimone Levee improvements; and 27 WHEREAS,the Third-Party Reviewer has expertise in analyzing the stability of 28 I-walls and levees, and served on national independent review panels for levee failures in 29 the state of Louisiana following Hurricane Katrina and on review panels for the 30 Sacramento-San Joaquin Delta in California; and 31 WHEREAS, on January 29,2013,the Third-Party Reviewer submitted to the 32 Disn let a report of his analysis and findings, entitled 'Expert Engineering Independent 33 Third-Party Review,Briscoe-Desinone Levee Design, Green River Basin, State of 34 Washington" ("Report"); and 35 WFJE.RFA S, on January 23 and February 7,2013,the Third-Party Reviewer gave 36 a presentation of his analysis and findings to the District executive committee, which 37 considered the presentation,the Report and conunents front the public., including 38 comments by Icing County,the city of Kent, and interested organizations; and 39 W-EREAS; based on the District's Comprehensive Plan,the Report, and 40 repots, information and data prepared by District staff,consultants and contractors,the Board of Supervisors of the District desires to select one of the two alternative designs 2 FC❑ Resolution 42 for the Briscoe-Desimone Levee improvements and to authorize funding for the Briscoe- 43 Desimone levee; now,therefore 44 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING 45 COUNTY FLOOD CONTROL ZONE DISTRICT: 46 SECTION 1. The District will initiate a comprehensive planning process, such 47 as the United States Army Corps of Engineers'System-wide Improvement Framework, 48, after accepting at an executive committee meeting the information provided about the 40 scope,anticipated staff time and estimated costs. Issues to be studied should include, but 50 are not limited to,the following: 51 A. Safely and levee heights; �2 B. Economic objectives; 53 C. Environmental objectives; 54 D. Howard Hanson Dam risk assessment; 55 E. Land use; ,S6 F. Operations and maintenance; and 57 G. FEMA levee accreditation. SS SECTION 2. The District will execute a grant agreement with the state of 55 `Washington for tile, V million grant awa?d for the Briscoe-Desimone levee project as '50 soon as possible. 61 SECTION 3, The District will provide funding for the Briscoe-Desimone r2 levee project designed using setback levees that are retained by walls on the landward FCD Resolution 63 side at the four outside bends of Green River between South 200th and South 180th 64 Streets in the Cities of Kent and Tukwila and incorporating the conditions and 65 responsibilities of this Resolution. 66 SECTION 4. For the Briscoe-Desimone levee project,the District supports the 67 use ofsetback levees that are retained by walls on the landward side. The following 68 conditions must be met: 69 A. The design and installation of the Briscoe Desimone levee project shall be 70 consistent with applicable state and federal regulations and standards, including but not 71 limited to the state Shoreline Management Act,the federal Clean Water Act,and state 72 water quality standards,and shall receive all necessary local,state, and federal permits. 73 B. The top of the setback levee retaining wall shall be consistent with the height 74 of the adjoining levee sections. 75 C. The city of Kent's ("City")responsibilities and conditions in relation to the 76 Briscoe-Desimone levee project are as follows: 77 1. The City, or its engineering consultants, shall submit to the District a 78 plan to provide for resiliency of the landside levee and wall in the event of overtopping. 79 fhe plan should include identification of the areas that are most susceptible to erosion, 80 such as the base walls and valleys on the landside slopes of Briscoe-Desimone Levee at 81 the bends. 82 2. The City shall rcclum and mitigate the potential for erosion. The Ciry, 83 or its engineering consultants, shall identify permanent or temporary strategics to 84 minimize erosion in these locations of potential erosion. FGD Resolution 85 3. If the City uses temporary erosion control measures, such as 86 sandbags,the City must commit to paying for and having on hand the materials and 87 necessary equipment to install the temporary measures in the event of over-topping. 88 4. Where the bases of the walls encroach on private property and the 89 erosion forces are more significant,the City shall obtain any necessary easements for 90 design or construction of or access to the Briscoe-Desimone levee. 91 5. The City shall move the setback wall back from the toe of the existing 92 levee iv the northernmost setback segment near the West Valley Highway,consistent 93 with the alternative of the GEI report prepared for the City and dated 2012. 94 6. Prior to release of District funds for the Briscoe-Desimone levee 95 project, the City shall provide to the District a plan to address potential corrosion of the 96 sheet pile walls.This plan must include options for addressing potential corrosion. 97 7. The City shall enter into an agreement with the Washington State 98 Department of Transportation related to the West Valley Highway and its role as a levee, 99 8. The City shall permit, design,and construct replacement of the trail to 1.00 meet Icing County Parka regional trail standards. 107. . 9. Any contracts between the City and any consultants, cnginecrs, contractors or 102 other design or construction entities (collectively, "contractors") shall include provisions whereby IM the City and its contractors name the King County Flood Control Zone District and King Conniy 104 as additional insureds. All such contracts shall provide insurance coverage to the King County 105 Flood Control Zone District and to Ding County, consistent with Icing County's guidelines and 106 requirements:or insurance for similar contracts. 5 FCD Resolution 107 10. The City and King County shall provide a monthly written report to the 108 Executive Committee on the first day of each month regarding implementation of the Briscoe- 109 Desimone levee project including any regulatory requirements that may impact the budget, 110 schedule, design, construction and/or maintenance. III 11. The City shall cover the costs of any maintenance for the project in excess of 112 the average annual maintenance and repair costs for the Green River($95,000 per mile per year). 113 This amount shall be adjusted for inflation annually. 114 D. King County's responsibilities and conditions,as the District's service provider, in 115 relation to the Briscoe-Desimone levee project are as follows: 116 1. King County shall include inspection of the sheet pile walls for . 117 corrosion in the County's operations and maintenance activities. 118 2. King County shall monitor deformation and erosion of the Briscoe- 119 Desimone Levee riverbank to provide quantitative and scientific information for future 120 projects about how the river is working with its flow regulated by the Howard Hanson 121 Dam.This information will assist the District in preparing public warnings in fire event of 122 a breach in the Howard Hanson Dam, 123 3. King County shall prepare a plan to ensure that materials and 124 equipment for emergency repairs to the Briscoe-Desimone levee are available in as 125 timely a manner as possible. 126 4. hing Couniy and'the City shall provide a monthly written report to the 127 executive committee on the first day of each month regarding implementation of the Briscoe- 128 Desimone levee project including any regulatory requirements that may impact the budget, 129 sohedule, design, construction, and/or maintenance. 5 FCD Resolution 130 5. King County as the District's service provider will provide the 131 District with thnely technical assistance in reviewing plans submitted to the District by 132 the City. 133 SECTION 5. The District shall provide funding for inspections,operations and 134 maintenance on the Briscoe-Desimowe levee.King County,,as the District's service provider, 135 shall inspect,maintain and repair the Briscoe-Dcsimone levee. 136 SECTION The District will ensure that public safety plans are in place, 137 including annual outreach to residents and workers along the Green River,as well as 138 other basins in King County. The District will make these plans a priority in the 139 District's 2014 budget, 140 SECTION 7. The District will encourage all businesses and residents in low- 141 lying areas near rivers,regardless of levee accreditation,to purchase flood insurance. 142 SECTION 8. The conditions along the South 200th Street to South 180th Street South 143 corridor in the cities of Kent and 'Tukwila represent a unique set of circumstances in King 144 County. The approval of the use of flood walls in this location does not set a precedent for their 145 use in other parts of the County or the Green River corridor, nor should this limited use be 146 considered a cl rparture from the District's intent of setting back levees where appropriate. 147 SECTION 9. The District hereby directs District staff to work with King County to 148 develop a funding str-ategy for consideration by the District using bond financing to accelerate 149 higli-priority flood protection projects throughout the county that are not fully funded through 150 pay-as-you-go implementation of the District's capital improvement program, This strategy 151 should consider the,long-term financial stability of die Flood Control District,the ability to 152 commit Flood District revenue to pay necessary debt service over the life of the howl,the 7 FCD Resolution 153 preservation of capacity to provide for ongoing maintenance,and the maintenance of adequate 154 reserves to respond to flood emergencies. 155 FCD Resolution was introduced on and passed as amended by the King County Flood Control District on 2/26/2013, by the following vote: Yes: 8 -Mr. Phillips, Mr. von Reichbauer, Mr. Gossett,Ms. Hague, Ms. Patterson, Mr. Dunn, Mr. McDermott and Mr. Denibowski No: 0 Excused: I -Ms. Lambert ICING COUNTY FLOOD CONTROL ZONE DISTRICT KING CJU WASHINGTON 47 Reagan Dumi,Chair ATTEST: h Acme Noris,Clerk of the District Atfaclnnen"S:None 8 ATTACHMENT A TO EXHIBIT B SUPPLEMENTAL TERMS AND CONDITIONS—RESOLUTION 2012-02.2 1. The top of the setback levee retaining wall shall be consistent with the height of the adjoining levee sections, except as is appropriate for safety of cyclists, pedestrians and others using the trail along the top of the wall. Transitions at the ends of each wall shall provide for trail user safety and for levee erosion resistance from overtopping flows that might be concentrated around the ends of the wall and around the ends of trail user protection measures. 2. The City, or its engineering consultants, shall submit to the District a plan to provide for resiliency of the landside levee and wall in the event of overtopping. The plan shall include identification of the areas that are most susceptible to erosion, and shall propose appropriate protection measures for each of those areas. The City shall submit the plan as a recommendation for consideration and approval by the District in the Levee construction plan review process. 3. The City shall reduce and mitigate the potential for erosion. The City, or its engineering consultants; shall identify permanent or temporary strategies to minimize erosion in locations of potential erosion. The City shall submit these strategies as recommendations for consideration and approval by the District in the Levee construction plan review process. 4. If the City strategy to minimize erosion in the event of overtopping relies upon temporary erosion control measures such as sandbags, the City must commit to paying for and having on hand the materials and equipment, and access to sufficient labor, to install all temporary measures in preparation for overtopping. The City shall prepare a plan that describes the temporary measures, the staging of material and equipment, sources of labor; estimated time for installation, and specific river conditions that will tiggcz installation. This plan must be submitted for consideration and approval by the District in.the T_,evee construction plan review process. The City must also preparc before October 1 eacli year by staging all neeessary materials and equipment specified in the plan. 'Ihc City must fully install all such temporary measures irmnediately upon recognition that the trigger conditions in the approved plan are met. The City must also remove all such temporary measrres within eight weeks after flood conditions subside. The City is fully responsible for all associated costs including but not limed to materials, equipment, and labor. 15 EC approved (RB-RI<) 5. The City shall move the setback wall back from the landward toe of the existing levee in the northernmost setback segment near the West Valley Highway, consistent with the alternate alignment described by GEI Consultants, Inc., in section 8.1.2.5 of its April, 2012 draft FEMA Accreditation Report for the Briscoe-Desimone Levee System. 6. The plan to address potential corrosion of the sheet pile walls shall be submitted for consideration and approval by the District in the Levee construction plan review process. 7. The agreement with the Washington State Department of Transportation shall be approved by the District prior to the release of State or District funds for Reach 1 of the Levee. 8. To assist in implementing the District plan for emergency repairs, the City shall provide project design information and emergency plamring recommendations of observations, physical measurements, tolerances, thresholds, and considerations for the District's inspection and risk-based decision-making as appropriate for emergency plans associated with the Levee design. The City will provide this information to the District by August 1, 2014. 9. The City shall permit, design, and construct replacement of the trail to meet King County Parks regional trail standards. The City shall submit plans to King County Parks for review coincident with District plan review at each design phase. 16 EC approved (RG-RICO EXHIBIT C Levee Inspection,.Maintenance, Operation and 12cpair 1. The Levee shall he maintained and operated consistent with the District's Flood Hazard Management Plan Policy PROJ-6, Flood Protection Facility Design and Maintenance Objectives (or its successor)which states as follows: "[The District] should construct new flood protection facilities and maintain, repair or replace existing flood protection facilities in such a way as to: ® Require minimal maintenance over the long term, Ensure that flood or channel migration risks are not transferred to other sites, © Protect or enhance aquatic, riparian and other critical habitats, and ® Protect or enhance multiple beneficial uses of flood hazard area." 2. Levee maintenance and operation shall be based on a risk-based analysis approach. If a risk-based approach is not acceptable to FEMA, and as a result FEMA fails to issue a CLOMR or LOMR for the Levee, the District shall not be obligated to operate and maintain the Levee. 3. The upper 1/3 of the riverward slope above the OHW]\Q may be mowed and maintained in grass cover, 4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all times, including access by heavy construction equipment and earth-hauling machinery. 5. The landward Levee slope may be mowed and maintained in grass cover. 6. The 15-foot maintenance access and inspection area along the landward Levee toe may be mowed and maintained in grass cover. �. All such mowed areas may alternatively be planted and maintained with native riparian woody vegetation. 2. Upon acceptance of completed Levee construction by the District, the Levee, as constructed to these standards, shall he inspected by the District prior to loaf emergence each spring, at low-flow conditions in the late Susnrner or early Fall, prior to the onset of 17 K approved (M-RI:) fall rains and seasonal high flows; and during and immediately following flood events at Phase III (9,000 cfs) or greater. 9. All structural features of the Levee shall be inspected by the District for deterioration or damage, including the presence of any slope erosion, washouts, slumping, slides, or sloughing, and any conditions noted shall be included in prioritization of District and/or King County maintenance and repair needs, and in performance of maintenance and repair actions at the earliest appropriate opportunity. 10. All vegetation on the levee slopes, benches, or along the lower embankment shall be inspected by the District for erosion of the riverward embanlunent in the root zone, and appropriate corrective action shall be taken where such conditions may be present. 11. The District and/or King County shall perform continuing levee patrols during all Phase III or greater flood events. 12. Damaged or impaired Levee conditions observed by the District during flood patrols shall be evaluated for emergency repair actions. 13. Any emergency repairs performed will be inspected by the District at the next low-water period for evaluation of permanent repair needs or additional measures required to restore the function and integrity of all affected locations. 14. The District and/or King County shall prioritize repairs consistent with the adopted policies of the District's Flood Hazard Management Plan, or its successor. 15. The City shall be responsible for all local drainage inspections and maintenance. The District and King County shall not assume any responsibility for stormwater management activities. 18 C approved (R6-HI<) } RM-14 I � a I J �� � '/ rr•,�,/ i/if� � f�/r/j. �r r/ i k k ilf I u „2 1 rid , 1 / ,r YA 1A � G i0///i fal, �" ,rt➢rt V M1* I REACH 4 '' ri%%///;'� 1 pr y� �I�'�' i�Y�9➢�BY�N;�Ii� I�h�%����"�0 �In }S II i L i LEGEND BRISCOE-DESIMONE LEVEE �°°E'°"O` �.,..eee..,. p,,.,EM,E RIGHT BANK OF THE GREEN RIVER S.180lh ST.TO S.2001h ST. I ♦-ni R R MEE IIOf TO WALE cVweT\x-.nn ixvvin Vq\¢o"wuu.mg.nll iunnw a a M w a JP� w 0 0 U a 4- a % f ti- S 180TH ST �\ SW 43rd ST. 15 TUKWILA rr LEVEE a REACH_ 1 1 S 190th ST ± -i;,,fy ® vi �2 � Q REACH 2 < + �- 0 =QCN = z $ Z 3 } c T-z my -4. a� S 196th ST w > . REACH REACH 4 k CITY OF KENT t ENGINEERING DEPARTMENT CITY OF KENT FIGURE 2 DRAWN scAa Nor TO scAL LOCATION MAP �ggp�g g _._.... BRISCOE DESIMONE LEVEE w.x xixorox APPROVED DATE 10-10-12 G.\Oes�go`;09-3011 DESudONE WALLS SEPA\Il,,12.d 1, 10 10/2012 -.6:00 PM KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: October 1, 2013 SUBJECT: 2014 Washington State Arts Commission Project Support Grant - Accept MOTION: Accept the $3,950 grant from the Washington State Arts Commission, approve the expenditure of funds in the Kent Arts Commission's budget, and authorize the Parks Director to sign all necessary documents related to the grant's acceptance and expenditure. SUMMARY: The Washington State Arts Commission (WSAC) has awarded the Kent Arts Commission a program support grant for 2014. The Kent Arts Commission will use the funding to support the presentation of performances and educational outreach activities by Keola Beamer, Moanalani Beamer, and R. Carlos Nakai (world music and dance), as well as California Guitar Trio and Montreal Guitar Trio (classical and world guitar) as part of the Spotlight Series. EXHIBITS: Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACT: Kent Arts Commission Budget WASHINGTON STATE ARTS COMMISSION Grant Contract Program: Project Support—Level B—Midsize Arts Organizations FY14 Contract No.2014107 THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711 Capitol Way S,Suite 600,PO Box 42675,Olympia,WA 98504-2675 hereinafter referred to as the COMMISSION,and Name: City of Kent Arts Commission Physical 220 4th Avenue,South Address: Kent,Washigton 98032 Mailing 220,4theAyenue,South Address: Kent, ashington 98032 Phone No: 253-856-5050 Web Site: jlktpX://Www.kei)tarts.com Washington State UBI: N/A Federal Employee fD: 91:6001254 DUNS: 20253613 Social Security Number: N/A - hereinafter referred to as the CONTRACTOR. THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS: A. PURPOSE OF CONTRACT This Contract sets out the terms and conditions by which the COMMISSION provides a grant to the CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or program which is related to the conservation and development of artistic resources of the State of Washington.RCW - 43.46 provides the statutory authorization for making the grant. The funding is administered under WAC Title 30. B. DESCRTPTION OF THE ACTIVITY,PROJECT.OR PROGRAM CONTRACTOR shall use fiords provided under this Contract No.2014107 solely for the grant proposal funded through the Project Support for Midsize Arts Organizations for FY14 as described in Attachment A:Scope of Work. C. AMOUNT OF GRANT Total amount provided under this contract: THREE THOUSAND NINE HUNDRED FIFTY AND 00/100 Dollars ($3,950.00) 1. The Commission provides State Funds in the amount of ZERO AND 00/100 Dollars ($0.00)to the CONTRACTOR. 2. The Commission provides Federal Funds in the amount of 'THREE THOUSAND NINE HUNDRED FIFTY AND 00/100 Dollars ($3,950.00)to the CONTRACTOR. Applicable only if Contract includes Federal Funds: Federal Catalog of Domestic Assistance No: 45.025 Federal Grant No: 12-6100-2022 Grant Contract No.2014107 Page 2 of 13 3. CONTRACTOR;agrees to match this grant with cash and/or in-kind resources equal to or greater than the total funds provided by the COMMISSION. 4. Payments will be made in accordance with the payment schedule set forth in Attachment B. D. CONTRACT PERIOD Funds are awarded for the period beginning August 15,2013 to June 30,2014. The CONTRACTOR must expend all funds by the ending date of this contract. The CONTRACTOR shall notify the COMMISSION immediately in writing if any portion of the funds will not be expended by the end of the fiscal year. E. CONTRACT REPRESENTATIVES The following shall be the contact persons for all communications and billings regarding the performance of this '.. Contract. Either party shall provide written notification to the other of changes in contract representation. CONTRACTOR's Contract Representative: COMMISSION's Contract Representative '.. Name Ronda Billerbeck Name Christel Ratliff and Title: Cultural Programs Manager and Title: Program Coordinator Org. City.ofKentAr.ts_Co.=ission Org: Washington State Arts Commission- Name: Name: Grants to Organizations 220 4th Avenue.South Address: Address: PO Box 42675 I{ent,Washington, 98.032. Olympia,WA 98504-2675 Phone: 253-856-5050 Phone: (360)586-0026 .................... E-Mail: rbillerbeck kentwa. ov E-Mail: christel.ratliff,,aarts.wa. ov F. LIMITATION OF AUTHORITY The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only the COMMISSION's Agent shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this contract.The Agent may delegate this authority,but such delegation is effective only if in writing. See General Terms and Conditions for Contract Amendment or Modification procedures. G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the following,which by this reference,are made a part of this Contract: Attachment A: Scope of Work and Reporting Requirements AttachmentB: Payment Schedule Attachment C: General Terms and Conditions AttachmentD: llrvoice Voucher Attachment E: National Endowment for the Arts General Terms and Conditions for federal Funding Grant Contract No.2014107 Page 3 of 13 H. INSURANCE Automobile Liability:In the event that services delivered pursuant to this contract involve the use of vehicles,either owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the automobile to provide automobile liability insurance. The minimum limit for automobile liability is:$100,000/$300,000 bodily injury and$100,000 property damage. I. ENTIRE CONTRACT This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No other understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties. J. FINAL REPORT 1 The CONTRACTOR shall provide a Final Report to the COMMISSION within 30 days following the Contract Period ending date.All Filial Report materials must be submitted through the COMMISSION's Grants Online System at httpJ/wsac.cultureg7ants.org. i THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract. City of Ke Arts Commis on WASHINGTON STATE ARTS COMMISSION (signature ofpariy authoriz d to. for CONTRACTOR) Kris Tucker,Executive Director L I-I-,. Date: (printed name of signatory) 7 (printed title ofsignatory) i I Date: APPROVED AS TO FORM: (Signature of Kathryn Wyatt,Assistant Attorney General,State of Washington,July 11, 2013 on file in fiscal office) i i I j I i Grant Contract No.2014107 Page 4 of 13 I I GRANT CONTRACT-ATTACHMENT"A" Scope of Work and Reporting Requirements Program: Project Support—Level B—Midsize Arts Organizations FYI Contract No.2014107 CONTRACTOR:City of Kent Arts Commission The.CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Project Support assistance with: Kent Arts Commission will present two performances with educational outreach as part of the 2013-2014 Spotlight Series.Keola Beamer and company will present Malama Ko Aloha,an evening of Hawaiian music and culture,as well as slack key guitar and hula workshops.California Guitar Trio Montreal Guitar Trio will present a concert of world and classical guitar music and two school activities. Event Announcement and Documentation: The CONTRACTOR must provide to the Grants to Organizations office of the COMMISSION, any public announcement,press release,or other direct mail or electronic mail announcement of the event(s)funded under this contract.The CONTRACTOR will mail such public announcements to:. Grants to Organizations Washington State Arts Commission PO Box 42675 Olympia,WA 98504-2675. Final Report Obligations: Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to Organizations,30 days following the contract ending date;this is a contractual obligation for the grant. The completed form must be received by the Washington State Arts Commission(ArtsWA),Grants to Organizations, 5:00 P.Al.,August 1,2014.Final Report Materials must be submitted through the COMMISSION's Grants Online System bttp://wsac.culturegrants.org. Final Report Penalty: Grant recipients that do not submit Final Reports by the August 1,2014 deadline will have a 10%penalty deducted from any future grant from Grants to Organizations. Contacting Legislators: The Washington State Arts Commission's grant programs are made possible by appropriations from the State of Washington and the National Endowment for the Arts. It is important that legislators hear about the public benefit provided by ArtsWA's grant funds. For this reason,grant recipients are required to submit a copy of at least one letter to a state senator or state representative as part of their Final Report, if you are not sure who these elected officials are,or need their contact information,go to http://ai)p.leg.,Aa.gov/districtfilider. Logo Credit: 0. AD WA � NATIONAL WASHINGTON STATE EN 00 W M ENT ARTS COMMISSION MR THE ARTS Recipients of grants and programs are asked to credit ArtsWA in promotional communications about the grant.The ArtsWA logo maybe downloaded from the website:www.arts.wa.gov. Tf your grant includes federal funding(which would be stated on page 1 of your contract),you are also obligated to credit the National Endowment for the Arts (NEA)in the same manner as ArtsWA.NEA logos are downloadable at wtivw.arts.gov. Grant Contract No.2014107 Page 5of13 Attachment ��� GRANT CONTRACT-ATTACHMENT`B" II� Payment Schedule Program: Project Support—LevelB—Midsize Arts OrganizationsFY14 Contract No.2014107 CONTRACTOR: City of Kent Arts Commission The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration of section (2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the following terms and conditions: 1. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section D of the CONTRACT; 2. Payments will be made after the expenses for which COMMISSION funds were committed have been incurred; 3. All requests for payment shall be on the form of voucher set forth in Attachment D. 4. You have the option of obtaining your grant payments via direct deposit through the Department of Enterprise Services.The necessary forms are downloadable from www.arts.wa.zov/grants/grants- resources. 5. The COMMISSION will make payment to the CONTRACTOR within 30 business days of receipt of a properly completed invoice,which shall include documentation of authorized expenses. 6. The schedule for payment is as follows: Month/Year Amount 8/1/2013 $3,950.00 or upon project completion TOTAL AWARD $3,950.00 '... Grant Contract No.2014107 Page 6 of 13 Attachment B GRANT CONTRACT-ATTACHMENT"C" General Terms and Conditions Program: Project Support—LevelB—Midsize Arts OrganizationsFY14 Contract No.2014107 CONTRACTOR: City of Kent Arts Commission TABLE OF CONTENTS This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract. A. HEADINGS AND DEFINITIONS.........................................:...................................2 !.!. B. GENERAL CONTRACT TERMS Amendments or Modifications ....................................................................................2 Conformancewith Law................................................................................................2 Orderof Precedence......................................................................................__..........2 Severability..................................................................................................................2 Waiver of Default or Breach.......................................................................................2 C. PERFORMANCE AND GENERAL RESPONSIBILITIES Covenant Against Contingent Fees..............................................................................2 Indemnification.............................:..........................................:.........__......................3 Independent Capacity of Contractor......................_........,.........................................3 Nonassignability................ .............................3 ............................................................. Publicity/Acknowledgements.........................................................___.......................3 Reproduction...............................................................................................................3 Services within Washington........................................................................................3 D. COMPLIANCE WITH LAWS RECORDKEEPNG AND INSPECTIONS Americans with Disabilities Act..................................................................................3 Compliance with Applicable Law................................................................................3 Conflictof Interest.................................._...................................................................4 HazardousSubstances.......—.......................................................................................4 NondiscriminationLaws.........................................................................__.................4 Public Disclosure/Confidentiality................................................................................4 Records,Documents,and Reports...............................................................................4 Registration with Department of Revenue...................................................................5 Rightof Inspection......................................................................................................5 E. FUNDING REIMBURSEMENT AND BUDGET Advance Payments Prohibited.....................................................................................5 Fundsnot Supplanting.................................................................................................5 Taxes.......................................—.................................................................................5 Traveland Per Diem....................................................................................................5 F. TERMINATION AND DISPUTES Disputes.........,. ...5 ......................................................................................................... GoverningLaw and Venue..........................................................................................5 Savings .......................................................................................................................5 Termination for Convenience..............................__....................................................6 Termination or Suspension for Cause..........................................................................6 - G. ADDITIONAL FEDERAL FUNDING REQUIREMENTS Application..................................................................................................................6 Publicity/Acknowledgements —..................................................................................6 NEA General Terms and Conditions...........................................................................6 Grant Contract No.2014107 Page 7 of 13 Attachment C A. HEADINGS AND DEFINITIONS DEFINITIONS-As used throughout this Contract,the following terms shall have the meaning set forth below: "COMMISSION"shall mean the Washington State Arts Commission,any division,section,office,unit or other entity of the Commission,or any of the officers or other officials lawfully representing that Commission. "AGENT"shall mean the Executive Director,Washington State Arts Commission,and/or the delegate authorized in writing to act on his/her behalf. "CONTRACTOR" shall mean that firm,provider,organization,individual or other entity that has been awarded a grant of funds under this Contract,and shall include all employees of the CONTRACTOR. ',.. "NF.A"shall mean the National Endowment for the Arts. "SUBCONTRACTOR"shall mean one not in the employment of the CONTRACTOR,who is performing all or part of those services under this Contract under a separate contract with the CONTRACTOR. The terms ',...... "Subcontractor"and"Subcontractors"mean Subcontractor(s)in any tier. HEADINGS-Headings used in this Contract are for reference purposes only and shall not be considered a substantive part of this Contract. B. GENERAL CONTRACT TERMS AMENDMENTS OR MODIFICATION-This Contract may be amended or modified only by mutual consent of the COMMISSION and CONTRACTOR. To be effective,any amendment or modification must be in writing,signed by all parties,and attached hereto. No oral understanding or agreement binds the parties. CONFORMANCE-If any provision of this contract violates any statute or rule of law of the State of Washington,it is considered modified to conform to that statute or rule of law. ORDER OF PRECEDENCE—The items listed below are incorporated herein by reference. In the event of an inconsistency in this Contract,the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and Washington State statutes and regulations including applicable Federal and State Executive Orders. 2. Special Terms and Conditions of this Contract,including a. Scope of Work and Reporting Requirements b. Modifications to the General Terms and Conditions 3. General Terms and Conditions 4. NEA General Terms and Conditions if Federal funds are committed by this Contract. 5. All other attachments or material incorporated by reference. SEVERABILITY-If any provision of this Contract or any provision of any document incorporated by reference is held invalid,such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision,and to this end the provisions of this Contract are declared to be severable. WAIVER OF DEFAULT OR BREACH--Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.Waiver of any default or breach shall not be construed to be a modification of the terms of the Contract. C. PERFORMANCE AND GENERAL RESPONSH3ILITIES COVENANT AGAINST CONTINGENT FEES-The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage,brokerage or contingent fee,excepting bona fide employees or a bona fide established agent maintained by the CONTRACTOR for the purpose of securing business. The COMMISSION shall have the right,in the event of breach of this clause by the CONTRACTOR,to annul this Contract without liability,or,in its discretion,to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage,brokerage or contingent fee. Grant Contract No.2014107 Page 8 of 13 Attachment C INDEMNIFICATION—To the fullest extent permitted bylaw,the CONTRACTOR shall indemnify defend,and hold harmless the State of Washington,including the COMMISSION and all officials,agents,employees of the State from and against any liability,damages, claims,suits and/or expenses arising out of or resulting from performance of this Contract,including,but not limited to,injury to persons or property,failure to follow applicable law,acts that are libelous or slanderous,and the violation or infringement of any copyright,patent,trademark,trade name or unfair trade practice law. The CONTRACTOR's obligation to indemnify,defend,and hold harmless includes any claim by the CONTRACTOR's agents, employees,representatives,or any subcontractor or its employees.The CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the extent claim is caused in whole or in part by negligent acts or omissions of the CONTRACTOR. INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship. The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the COMMISSION or the State of Washington.The CONTRACTOR and its employees or agents will not hold themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by reason of this Contract and will not make any claim,demand,or application to or for any right or privilege which would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise supervise the manner in which this Contract is performed. NONASSIGNABTLTTY—The CONTRACTOR shall not assign this Contract,any rights or obligations under this Contract,or any claim arising under this Contract without prior written consent of the COMMISSION. PUBLICITY/ACI{NOWLEDGEMENTS—The CONTRACTOR shall acknowledge the COMMISSION in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from this Contract, as follows:"This program is supported,in part,by a grant from ArtsWA(the Washington State Arts Commission)." REPRODUCTION-The CONTRACTOR relinquishes to the State and its assigns royalty-free,irrevocable,non- exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials that result from this Contract,provided that such use or reproduction shall be only for government purposes.Data shall include,but is not limited to,reports,documents,pamphlets,other printed matter,photographs,and sound recordings.Government purposes shall include,but are not limited to,(1)internal documents such as memoranda and(2)public releases such as advertising,brochures,media publicity and catalogs or other similar publications, social media or other electronic communications,provided that the author or artist is credited.All reproductions of copyrightable material by the State in public releases shall contain a credit to the author or artist where applicable. SERVICES WITHIN WASHINGTON-The CONTRACTOR agrees that no funds under this Contract will be used for activities or services outside the State of Washington,without prior authorization of the COMMISSION. - D. COMPLIANCE«'ITH LAWS RECORDKEEPING,AND INSPECTION ANIERTCANS W11II➢ISABTLITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,also referred to as the "ADA"28 CRF Part 35.—The CONTRACTOR must comply with the ADA,which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment,public accommodation,state and local government services,and telecommunications. COMPLIANCE WITH APPLICABLE LAW.The CONTRACTOR shall comply with all applicable and current federal,state,and local laws,regulations,and policies,including all applicable local,state,and federal licensing, accreditation and registration requirements/standards necessary for the performance of this Contract. In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy,the COMMISSION may rescind,cancel or terminate this Contract for cause in whole or in part. The COMMISSION also may declare the CONTRACTOR ineligible for further grant awards from the COMMISSIONT. CONFLICT OF INTEREST. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMISSION may,by written notice to the CONTRACTOR,terminate this Contract if it is found after due notice and examination by the COMMISSION that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW,or any similar statute involving the CONTRACTOR in the procurement of,or performance under,this Contract._ Grant Contract No.2014107 Page 9 of 13 Anachment C In the event this Contract is terminated as provided above,the COMMISSION shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR. The rights and remedies of the CO.VIMISSION provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this Contract. HAZARDOUS SUBSTANCES. The CONTRACTOR wrill defend,protect and hold harmless COMMISSION and any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances as defined by state and federal law on the property covered by the project. NOATDISCRIMINATION LAWS—During the performance of this Contract,the CONTRACTOR shall comply with all federal and state nondiscrimination laws,regulations,or policies.If the CONTRACTOR does not comply or refuses to comply with nondiscrimination laws,regulations or policies,the COMMISSION may rescind,cancel,or terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts with the COMMISSION. The CONTRACTOR shall be given a reasonable time in which to cure noncompliance. Any dispute may be resolved in accordance with the"Disputes"provision in this Contract. PUBLIC DISCLOSURE/CONFIDEN'TIALiTY—CONTRACTOR acknowledges that the COMM1SS10N is subject to Chapter 42,17 RCW,the Public Disclosure Act and that this Contract shall be a public record as defined in RCW 42.17.250 through 42,17.340. Any specific information that is claimed by the CONTRACTOR to be confidential or proprietary must be clearly identified as such by the CONTRACTOR. To the extent consistent with Chapter 42.17 RCW,the COMMISSION shall maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view the CONTRACTOR's information,the COMMISSION will notify the CONTRACTOR of the request and the date that such records will be released to the requester unless CONTRACTOR obtains a court order enjoining that disclosure. If the CONTRACTOR fails to obtain the court order enjoining disclosure,the COMMISSION will release the request information on the date specified, RECORDS DOCUMENTS,AND REPORTS—The CONTRACTOR shall maintain complete financial records, including all accounts,books,records,documents,invoices and other evidence,that sufficiently and properly reflect all direct and indirect costs of any nature expenses incurred and revenues acquired under this Contract. The records must clearly show that matching expenditures,if required,are not less than the amount granted in the approved application and this Contract. The system of accounting employed by the CONTRACTOR shall be in accordance with generally accepted accounting principles,and will be applied in a consistent manner so that the project finances can be clearly identified. These records shall be subject at all reasonable times to inspection,review,or audit by personnel duly authorized by the COMMISSION,the Office of the State Auditor,and Federal officials so authorized by law,rule,regulation,or contract. The CONTRACTOR will retain all books,records, documents,and other materials relevant to this ''.... Contract for six years after termination or expiration of the Contract,and make them available for inspection by '...... persons authorized under this provision. 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. REGISTRATION WITH THE DEPARTMENT OF REVENUE-The CONTRACTOR shall complete registration, if required by law,with the Washington State Department of Revenue,P.O.Box 47450,Olympia,WA 9 8 5 04-7450, http://dor.wa.gov. Tile CONTRACTOR shall be responsible for payment of all taxes due on payments made under this Contract. RIGHT OF INSPECTION—The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the COMMISSION pertinent to the intent of this Contract,including right of entry for periodic site inspections.The CONTRACTOR shall provide right of access to the facilities and/or site of the activity,project,or program to the COMMISSION,or to any of its officers,or to any other authorized agent or official of the State of Washington or the Federal government at all reasonable times,in order to monitor and evaluate performance,compliance,and/or quality assurance under this Contract. Grant Contract No.2014107 Page 10 of 13 Attachment C E. FUNDING REIMBURSEMENT AND BUDGET ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the COMMISSION. TAXES—All payments accrued on account of payroll taxes,unemployment contributions,any other taxes,insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR. TRAVEL AND PER DIEM-In the event the Contract expressly provides for the CONTRACTOR to be reimbursed for out-of-pocket expenses,the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage and per diem in effect at the time these expenses are incurred. The CONINUSSION reserves the right to audit documents supporting billings made for out-of-pocket expenses. F. TERMINATION AND DISPUTES DISPUTES.Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot be resolved by direct negotiation,either party may request a dispute hearing of the other according to the process set out in this section. Either parry's request for dispute hearing must be in writing and clearly state: 1. The disputed issue(s); 2. The relative positions of the parties; 3. The CONTRACTOR's name,address and project title. The requesting party shall mail the request for hearing to the other party within 5 working days after the parties agree that they cannot resolve the dispute.Within 5 working days of receipt of the request,the receiving party shall respond by either accepting or refusing the request for dispute resolution. _ If both parties agree to a dispute hearing,the dispute shall be heard by a panel of three persons consisting of one person selected by the CONTRACTOR,one person selected by the COMMISSION,and a third person chosen by the two persons initially appointed.Any hearing under this section shall be informal,with the specific processes to be determined by the panel according to the nature and complexity of the issues involved. The process maybe solely based upon written material if the parties so agree. Provisions of this Contract shall govern the panel in deciding the disputes.The parties shall equally share all cost associated with implementation of this process. The decision of the panel shall not be admissible in any succeeding judicial or quasi-judicial proceeding '.. concerning the Contract. The parties agree that these dispute resolution proceedings shall precede any action in a judicial or quasi-judicial tribunal,Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternative dispute resolution method in addition to the dispute resolution procedure outlined above. GOVERNING LAW AND VENUE—Washington law shall govern this Contract. In the event of a lawsuit involving this Contract,venue shall be proper in Thurston County. - SAVINGS If any State,Federal,private,or other funding source withdraws,reduces,or limits in any way the funds appropriated for the work under this Contract prior to normal termination of the Contract,the COMMISSION may terminate the Contract without advance notice. At the COMM7SSION's discretion,the parties may renegotiate the Contract under those new funding limitations and conditions.If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. '.... TERMINATION FOR CONVENIENCE-Either party may terminate this Contract upon 15 days'prior written notification to the other party. If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION OR SUSPENSION FOR CAUSE—in the event the COMMISSION determines the CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner,the COMMISSION has the right to suspend or terminate the Contract. Before suspending or terminating the Contract,the COMMISSTON shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action '.. is not taken within fifteen(15)days of receiving notice,the COMMISSION may terminate or suspend the Contract. Grant Contract No.2014107 - Page 11 of 13 Attachment C If the Contract is terminated for cause,the COMNIISSTON reserves the right to require the CONTRACTOR to repay all or any portion of funds paid to the CONTRACTOR prior to termination.The CONTRACTOR shall make repayment within thirty(30)days of the demand. If the CONLMISSION is required to institute legal proceedings to enforce this repayment provision,the COMMISSION shall be entitled to its costs,including reasonable attorneys' fees.However,repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy available to the COMMISSION shall be deemed exclusive. The COMMISSION may elect to exercise any single, any combination,or all of the remedies available to it under this Contract,or under any provision of law,common law,or equity. G. ADDITIONAL TERMS AND CONDITTONS IF GRANT INCLUDES FEDERAL FUNDS. APPLICATION—If federal funds are committed by this Contract,the CONTRACTOR shall abide by the following conditions. PUBLTCTTY/ACKNOWLEDGEMENTS—The PUBLICTTY/ACKNOWLEDGEMENT provision elsewhere in this Contract is hereby amended as follows: "The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from this Contract,as follows:"This program is supported,in part,by a grant from the Washington State Arts Commission(now also known as"ArtsWA")and the National Endowment for the Arts." Additionally,all printed materials shall display the NEA logo as per NEA General Terms and Conditions, Attachment E. NEA GENERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements(Federal Laws,rules, regulations and OMB Circulars)enumerated in the NEA General Terms and Conditions apply to the CONTRACTOR.As a subgrant recipient,the CONTRACTOR shall abide by the NEA General Terms and Conditions not inconsistent with the Special and General Terms and Conditions of this Contract. Grant Contract No.2014107 Page 12 of 13 Attachment C i Washinaton State Arts Commission CONTRACT-ATTACHMENT E National Endowment for the Arts (NEA) Federal Subgranting Requirements Updated July 2013 This grant includes federal funds from the National Endowment for the Arts. Signing and returning your grant contract confirms your compliance with all pertinent federal requirements, regulations and laws, including the following: A. Project Costs supported by the NEA—There may be no overlapping project costs between two or more Federal awards. This grant may not be used to match a direct grant from the NEA (or vice versa). B. Uniform Administrative Requirements—establishes administrative standards to ensure consistency among recipients of Federal awards. OMB CircularA-110 applies to grantees that are non-profit organizations, colleges, and universities; 45 Code of Federal Regulations Part 1157 applies to grantees that are units of state and local governments and federally recognized Indian Tribal governments. C. Cost Principles—establishes allowability of costs for work performed under an Arts Endowment award. OMB CircularA-122 applies to grantees that are non-profit organizations other than institutions of higher education; OMB CircularA-21 applies to public and private institutions of higher education; OMB Circular-87 applies to local governments and federally recognized Indian tribal governments D. Title VI of the Civil Rights Act of 1964 as amended, provides that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Title VI also extends protection to persons with limited English- language proficiency. E. Title IX of the Education Amendments of 1972 provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance F. Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. G. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled individual in the United States, shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. Under this regulation, a federally funded arts program when viewed in its entirety must be accessible to all persons. The National Endowment for the Arts issued its regulations in 1979 (amended 2003) to enforce the existing law (45 CFR 1151). You must have a Section 504 self-evaluation on file at your organization. Additional information, including The Arts and Humanities Accessibility Checklist, is available online at http://www.arts.gov/resources/Accessibility , H. Americans with Disabilities Act(ADA) of 1990, as amended, prohibits discrimination on the basis of disability in employment (Title 1), State and Local Government Services (Title 11), and places of public accommodation and commercial facilities (Title 111). I. Labor Assurance—you must comply with the labor standards set out in 29 CFR Part 505. You provide this assurance by signing and returning your grant invoice(s)to ArtsWA. J. Federal Debt Status (OMB CircularA-129) —you may not be delinquent in the repayment of any federal debt. K. Debarment and Suspension (NEA regulations implementing Executive Orders 12549 and 12689 in Title 2 CFR, Chapter 32, Part 3254) if the NEA receives information regarding a grantee's fitness to administer federal funds such as fraud or theft, lack of business integrity, or any other cause of so serious or compelling a nature that it affects an organization's present responsibility, they may suspend funds and debar the grantee from future federal funding for a period of up to three years. Signing this grant contract also confirms that you are presently fit to administer the terms of the grant, with no evidence to the contrary or any previous cause for debarment or suspension. L. The National Historic Preservation Act of 1966 applies to any Federal funds that would support either the planning or major renovation of any structure eligible for or on the National Register of Historic Places, in accordance with Section 106. M. The National Environmental Policy Act of 1969 applies to any Federal funds that would support an activity that may have environmental implications (e.g., outdoor murals, outdoor festivals, outdoor sculptures, etc.). N. Prohibition Against Lobbying: 0148 CircularA-122/Section 319 of Public Law 101-121, codified at 31 U.S.C. Sec. 1352145 CFR Part 1158: grantees must adhere to the prohibition against lobbying within a federally supported grant project which states that no federal appropriated funds have been paid or will be paid by or on behalf of the grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into any federal grant or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. O. Native American Graves Protection and Repatriation Act of 1990 applies to any organization which controls or possesses Native American human remains and associated funerary objects, and which receives Federal funding, even for a purpose unrelated to the Act. Additional information about the above federal requirements are available on the NEA website http:/twww.nea.govfmanageaward/GTC.pdf. In addition, the NEA requires that vou: • Provide ArtsWA with a final report. ArtsWA reserves the right to request additional information or reports necessary for us to fulfill all applicable Federal reporting requirements. • Use U.S. air carriers for foreign travel consistent with the Fly America Act. • Maintain financial records and supporting documents pertinent to the award for three years following submission of your final report. During the project period and the subsequent three- year retention period, ArtsWA reserves the right to request timely and unrestricted access to project records. • Make your best effort to purchase American-made equipment and products, consistent with the Buy American Act. KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: October 1, 2013 SUBJECT: New Connections Lease Agreement — Authorize MOTION: Authorize the Mayor to sign a five year Lease Agreement with New Connections to rent the city-owned building located at 422 West Titus Street, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: New Connections, a nonprofit agency serving Kent residents, has been a tenant in the City-owned building located at 412 West Titus Street since June, 2003. The condition of the current location is no longer adequate to run the tenant's programs, therefore, the tenant will be moving to the City-owned building located next door at 422 W. Titus. In consideration of this five year agreement, New Connections will pay all costs associated with or arising out of the maintenance, operation, and agreed upon tenant improvements (Exhibit B) of the leased premises in lieu of paying rent. New Connections will also pay monthly leasehold excise tax in the amount of $267.30 based on an estimated fair market rental value of $2,349 per month. Through an agreement and funding received by DSHS and its Career Path Services Program, New Connections provides work and office skills training to 6-12 individuals annually. Through this training, New Connections gained valuable (no-cost) employees, which allowed New Connections to provide extremely low cost assistance to the community. EXHIBITS: Lease Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Facilities Lease Budget LEASE AGREEMENT BETWEEN THE CITY OF KENT AND NEW CONNECTIOtN'S THIS LEASE AGREEMENT ("Lease') is entered into by and between the CITY OF KENT, a municipal corporation of the State of Washington („City"), and New Connections, a Washington non-profit corporation ('Tenant"). The City and Tenant agree as follows: AGREEMENT 1. PREMISES.. 1,1 Premises Refined, The City leases to Tenant and Tenant leases from the City the real property described in Exhibit A, which is attached to this Lease and incorporated by this reference,, and buildings located at 422 West Titus Street, Kent, Washington (collectively the "Premises" or "Leased Premises"), The City will use the parking lot on the Premises for parking of City vehicles and employee parking. 1.2 Survey, Maps, and Plans. Tenant is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City. 13 Inspection. The City makes no representation regarding the condition of the Premises. Tenant is currently in possession of the Premises under a prior lease agreement. Tenant shall be deemed to have accepted possession of the Premises in "as-is condition,' 2. TERM. 2,1 Term Refined. The term of this Lease shall commence on October 1, 2013 ("Commencement Rate"), and shall terminate on September 30, 2018, (the "Termination Rate"), unless terminated sooner under the terms of this Lease. 2.2 Right to Terminate Early Without Cause. City and/or Tenant shall have the right to terminate this Lease at any time during the Term upon ninety (90) days' prior written notice of termination to the other party. LEASE AGREEMENT - 1 (October 2013) (Between City of Kent and New Connections) 2.3 End of Term. Upon the expiration or termination of the Term, as applicable, Tenant shall surrender the Premises to the City in the same or better condition as on the Commencement Date, reasonable wear and tear excepted. Non-permanent appliances, personal property, and trade fixtures belonging to Tenant or Tenant's Residents shall be removed by the Tenant at the end of the Term. Any of the aforementioned items remaining at the end of the Term shall be moved off of the Premises by the City at the Tenant's expense. 2.4 Hold Over. If Tenant remains in possession of the Premises after the Termination Date, the occupancy shall not be an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party with thirty (30) days' written notice. The monthly rent during the holdover shall be the same rent that would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms, If the City provides a notice to vacate the Premises in anticipation of the termination of this Lease or at any time after the Termination Date and Tenant fails to do so within the time set forth in the notice, then Tenant shall be a trespasser and shall owe the City all amounts due under applicable law, 3. LEASE PAYMENT. 3.1 Monthly Payment. During the Term hereof, Tenant may occupy the leased premises rent free; in consideration of which Tenant shall: a. pay leasehold tax at a rate established by the State of Washington, currently 12.84%, in the amount required by law if Tenant were to pay the monthly rental market rate of $2,349.00; b, make all improvements at Tenant's sole expense, as outlined in Exhibit 8; subject to a final inspection and the approval of the Kent Building Code Inspector and the Facilities Superintendent of the Kent Parks, Recreation and Community Services Department; and C, pay all costs associated with or arising out of the use, maintenance, and operation of the Leased Premises, 4. OTHER EXPENSES. LEASE AGREEMENT - 2 (October 2013) (Between City of Kent and New Connections) During the Term, Tenant shall pay the following additional expenses:. 4.1 Utilities. Tenant shall pay all fees charged for utilities in connection with the use and occupancy of the premises, including but not limited to electricity, water, sewer, garbage, gas, and telephone service in a timely manner and prior to delinquency, 4.2 Proof of Payment. Tenant shall, if required by the City, furnish to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 4.3 Failure to Pay. If Tenant fails to pay any of the amounts due under this Lease, the City may pay the amount due, and recover its cost from the Tenant.. Tenant shall pay City said amounts due within thirty (30) days of written notice from the City. If the City pays or advances any amounts for or on behalf of Tenant, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials, costs of removal and disposal of improvements pursuant to Section Fa below, or other amounts not paid when due, Tenant shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date the City notifies Tenant of the payment or advance. S. USE. 5.1 Permitted Use. Tenant shall use the Leased Premises to provide temporary single-family dwellings for homeless families with children under fourteen years of age („Residents") and for no other purpose without first obtaining the City's prior written consent. 5.2 Restrictions on Use. Tenant shall not cause or permit any damage to natural resources on the Premises, Tenant covenants and agrees that Hazardous Substances, as defined in Section 5,5, will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Premises, except in accordance with all applicable laws, Tenant shall also not cause or permit any filling activity to occur on the Premises, This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Premises. Tenant shall neither commit nor allow waste to be committed to or on the Premises. If LEASE AGREEMENT - 3 (October 2013) (Between City of Kent and New Connections) Tenant fails to comply with all or any of the restrictions on the use of the Premises set out in this Subsection 5,2, the City shall notify Tenant and provide Tenant a reasonable time to take all steps necessary to remedy the failure. If Tenant fails to do so in a timely manner, then the City may take any steps reasonably necessary to remedy this failure, Upon demand by the City, Tenant shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Premises. The covenants contained in Section 5.2 shall survive expiration or termination of this Lease. 5.3 Conformance with Laws. Tenant shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Premises. 5.4 Liens and Encumbrances. Tenant shall keep the Premises free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Premises, Should a lien be recorded against the Premises arising from actions by the Tenant, Tenant shall have thirty days after written notice by City to remove the lien, 5.5 Definition — Hazardous Substance. "Hazardous Substance" means any substance that now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 19€ 0, 42 U.S.C. 9601 and Washington's Model Toxics Control Act, RCW 70.105D.010. 5.6 Miscellaneous. Tenant shall maintain smoke detection devices and carbon monoxide detectors in accordance with the manufacturer's recommendations, including the replacement of batteries as required for the proper operation of the smoke detection device and carbon monoxide detectors, Tenant shall properly dispose of all rubbish, garbage, and other organic or flammable waste in a clean and sanitary manner at reasonable and regular intervals, and Tenant shall assume all costs of extermination and fumigation for infestation caused by Tenant.. 6. IMPROVEMENTS. LEASE AGREEMENT - 4 (October 2013) (Between City of Kent and New Connections) 6.1 Tenant-Owned Improvements, Tenant shall be responsible for all of Tenant's improvements to the Premises. So long as this Lease remains in effect, Tenant shall retain ownership of all authorized Tenant improvements and trade fixtures it may place on the Premises (collectively "Tenant-Owned Improvements"), Tenant-Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Premises by the City or any Unauthorized Improvements as defined in Subsection 6.4 below. No Tenant-Owned Improvements shall be placed on the Premises without the Cty's prior written consent. 6.2 Construction. Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether City-Owned or Tenant- Owned), Tenant shall submit to the City its plans that describe the proposed activity. The City shall have fifteen (15) days in which to review the proposed plans. The plans shall be deemed approved and the requirement for the City`s written consent shall be treated as waived, unless the City notifies Tenant otherwise within the fifteen (15) days. The City`s consent and approval shall not be required for any routine maintenance or repair of improvements made by the Tenant pursuant to its obligation to maintain the Premises in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Premises. Any improvements shall be done in conformity with the Uniform Building Code and City of Kent regulations. All work performed shall be done in a workmanlike manner. The provisions of this section do not apply to obviate any permit requirements that may apply to the proposed activity. 6.3 Removal. Tenant-Owned Improvements shall be removed by Tenant by the Termination Date, so long as such removal does not damage the Premises and the Premises is restored to its original condition or better. If the Tenant- Owned Improvements remain on the Premises after the Termination Date, they shall become the property of the City without payment by the City. Any Tenant- Owned Improvements remaining on the Premises at the end of the term that the City deems need to be removed shall be removed by the City at the Tenant's expense, 6,4 Unauthorized Improvements, Improvements made on the Premises without the City's prior consent pursuant to Subsection 6.2 or that are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately become the property of the City, unless the City LEASE AGREEMENT - 5 (October 2013) (Between City of Kent and New Connections) elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option„ require Tenant to sever, remove, and dispose of them. If Tenant fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Tenant for the cost of removal and disposal. 7. ASSIGNMENT AND SUBLETTING. 7.1 City Consent Required. Tenant shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or the Premises without the City's prior written consent. In the event of such consent, each permitted transferee shall assume all obligations under this Lease.. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Tenant.. 7.2 Event of Assignment. If Tenant is a corporation, a dissolution of the corporation or a transfer (by one or more transactions) of a majority of the voting stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a partnership, a dissolution of the partnership or a transfer (by one or more transactions) of the controlling interest in Tenant shall be deemed, an assignment of this Lease. 7.3 Rent Payments Following Assignment. The acceptance by the City of consideration following an assignment or other transfer shall not constitute consent to any assignment or transfer. 8. INDEMNITY. 8.1 The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Tenant or Tenant's Residents) occurring on or about the Premises and caused by or resulting from any act or omission by Tenant, Resident, officer, agent, employee, guest, invitee, or visitor of Tenant or Tenant's Resident, and Tenant agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents of the City, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Premises or on any areas adjoining the Premises that is under the control or use of Tenant pursuant to this Lease and arising out of or in connection with Tenant's use and occupancy of the Premises, LEASE AGREEMENT - 6 (October 2013) (Between City of Kent and New Connections) including all legal costs and attorney fees, arising out of or in connection with this Lease, except for that portion of injuries and damages caused solely by the City`s negligence. 8.2 Should a court of competent jurisdiction determine that this Lease 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 Tenant and the City, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY, UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION.. This waiver has been mutually negotiated by the parties, 8.3 The provisions of this Section 8 shall survive the expiration or termination of this Lease. 9. INSURANCE. Tenant agrees to comply with the insurance requirements of Exhibit C at all times during the term of this Lease. 10. MAINTENANCE AND REPAIR. 10.1 The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Premises, or any part of the Premises, during the term of this Lease. 10.2 Tenant's Repairs, Alteration, Maintenance, and Replacement, (a) Tenant shall, at its sole cost and expense, keep and maintain the Premises, including the grounds, parking lot, and all improvements, in good order and repair, in a clean, attractive, and safe condition, (b) Tenant shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Premises or to any improvements on the Premises that may be required by any public authority. LEASE AGREEMENT - 7 (October 2013) (Between City of Kent and New Connections) (c) All additions, repairs, alterations, replacements or changes to the Premises and to any improvements on the Premises shall be made in accordance with, and ownership shall be governed by Section 6 above. 11.. DAMAGE OR DESTRUCTION. In the event of any damage to or destruction of the Premises or any improvements, Tenant shall promptly give written notice to the City. In the event of damage or destruction that renders the Premises unfit for Tenant's use, Tenant may terminate this Lease upon thirty (30) days' written notice to the City. 12. DEFAULT AND REMEDIES. 12A Event of Default, Tenant shall be in default of this Lease on the occurrence of any of the following: (a) Failure of Tenant to make the improvements as set forth in Exhibit 5; (b) Failure to observe or perform any of the covenants, conditions or provisions of this Lease, where such failure shall continue for a period of thirty (30) days after written notice from City to cure the default; (c) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (d) Failure to comply with any other provision of this Lease; (e) If proceedings are commenced by or against Tenant under any bankruptcy act or for the appointment of a trustee or receiver of Tenants' property, 12.2 City`s Remedies Upon Default. Upon an Event of Default, the City may terminate this Lease with thirty (30) days` written notice to terminate and remove Tenant by summary proceedings or otherwise, The City may also, without terminating this Lease, relet the Premises on any terms and conditions as the City in its sole discretion may decide are appropriate, If the City elects to relet, rent received by it shall be applied: (1) to the payment of any indebtedness other than rent due from Tenant to the City; (2) to the payment of any cost of such reletting; and 3) to the payment of the cost of any alterations and repairs to the Premises. LEASE AGREEMENT - 8 (October 2013) (Between City of Kent and New Connections) Any balance shall be held by the City and applied to Tenant's future rent as it becomes due, Tenant shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly. The City's reentry or repossession of the Premises under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless the City gives a written notice of termination to Tenant or termination is decreed by legal proceedings. The City may at any time after reletting elect to terminate this Lease for the previous Event of Default with ten (10) days' written notice. 13. ENTRY BY THE CITY. The City shall have the right to enter the Premises at any reasonable hour to inspect for compliance with the terms of this Lease upon forty-eight (48) hours notice, unless an emergency exists in which event the City may enter immediately, 14. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: The City: City of Kent Parks, Recreation and Community Services Attn: Superintendant of Facilities 220 Fourth Avenue South Kent, Washington 98032 Tenant: New Connections Attn: Randall Smith 422 west Titus Street Kent, Washington 98032 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable, 15. MISCELLANEOUS. 15.1 Authority. Tenant and the person or persons executing this Lease on behalf of Tenant represent that Tenant is qualified to do business in the State of Washington, that Tenant has full right and authority to enter into this Lease„ and LEASE AGREEMENT - 9 (October 2013) (Between City of Kent and New Connections) that each and every person signing on behalf of Tenant is authorized to do so, 15.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 15,3 Headings. The headings used in this Lease are for convenience only and in no way define, limit, or extend the scope of this Lease or the intent of any provision. 15.4 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. 15.5 Waiver. The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The City`s acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted, 15.6 Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 15.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 15.8 Language. The word "Tenant" as used in this Lease shall be applicable to one or more persons, as the case may be, The singular shall include the plural, and the neuter shall include the masculine and feminine. If there is more than one Tenant, their obligations shall be joint and several. The word "persons," whenever used, shall include individuals, firms, associations, and corporations.. 15,9 Invaliditv, If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease, 15.10 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to LEASE AGREEMENT - 10 (October 2013) (Between City of Kent and New Connections) a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for [ding County, Washington. 15.11 Modification, Any modification of this Lease must be in writing and signed by the parties, The City shall not be bound by any oral representations or statements. 15.12 Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. 15.13 Quiet Enjoyment, The City covenants and agrees that Tenant, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Premises during said term without any interruption by the City, its successors or assigns, or any person or company lawfully claiming by or through it, 15.14 Duplicate Originals, This Lease Agreement may be executed in duplicate originals, 'PHIS, AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF KENT NEW CONNECTIONS By: By: Print Name: Its:. Print Name: Suzette Cooke Date: Its: Mayor Date: (Notary Acknowledgements Appear on Next Page) LEASE AGREEMENT - 11 (October 2013) (Between City of Kent and New Connections) STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washinaton. residing at LEASE AGREEMENT - 12 (October 2013) (Between City of Kent and New Connections) STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and, said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the — of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washinaton, residina at P:\Civ11\Fi1es\0pen Files\0733-Human Services-2013\New Connections-Lease.2013.doc LEASE AGREEMENT - 13 (October 2013) (Between City of Kent and New Connections) KENT Agenda Item: Other Business — 8A TO: City Council DATE: October 1, 2013 SUBJECT: GreenPlay Agreement - Authorize MOTION: Move to authorize the Mayor to sign a Consultant Services Agreement with GreenPlay in the amount of $33,950 for its assistance in reviewing the City's recreation programs as a result of the recent efficiency study, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: At the 2013 City Council Retreat, the Council identified a number of priority items from the Efficiency Study (conducted by BERK and Associates) to further explore and discuss. One of those items under Level of Service was the review of recreation programs to better understand and determine cost recovery. Lori Hogan and Jeff Watling presented an approach to this task at the June 20, 2013, Parks Committee meeting. Following the discussion and feedback provided by the Committee members, a contract and scope of work was finalized with GreenPlay for $33,950 to assist the City in the completion of this work. At the Council meeting, Lori Hogan and Jeff Watling will provide an overview of the project including the work to be performed by City staff, work to be performed by GreenPlay, the public outreach component of this work, and the deliverables/outcomes expected at the completion of this contract. EXHIBITS: Consultant Services Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Parks Administration Professional Services Budget CITY OF KENT LAW DEPARTMENT CIVIL DIVISION O g, 0 T 220 4`"Avenue South w n0; NIG�➢T Q N Kent, WA 98032 Fax: 253-856-6770 PHONE: 253-856-5770 Memo To: Suzette Cooke, Mayor From: Jeff Watling CC: Date: September 16,2013 Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1 For Consulting Services with GreenPLay LLC The City's Parks, Recreation, and Community Services Department is requesting you waive the procurement requirements set forth in Administrative Policy 1.1 for consultant services from Green Play LLC. Purchases may be waived by the mayor upon a finding that either the materials, supplies, equipment, or services are clearly and legitimately limited to a single source of supply within the near vicinity, or that the materials, supplies, equipment, or services are subject to special market conditions, involve special facilities or services, or that a bid or the bidding requirements of KCC 3.70.030, would otherwise not be practicable or in the city's best interest under the circumstances, in which instances the purchase may be best established by direct negotiation. GreenPlay LLC would provide specialized sole-sourced professional parks and recreation planning and management advisement services. Through the use of GreenPlay's (proprietary) Pyramid Methodology, they would develop a Cost Recovery Model and Resource Allocation Philosophy for the City's Parks, Recreation and Community Services Department. The cost will not exceed $33,950. If you approve of this waiver under City of Kent Administrative Policy 1.1, the Parks, Recreation and Community Services Department requests that you indicate your approval by signing below. CITY OF KENT l Date: May r 5 zette Cooke / ICEIV0 waenua c,o CONSULTANT SERVICES AGREEMENT between the City of Kent and GreenPlay LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GreenPlay LLC organized under the laws of the State of Colorado, located and doing business at 211 N. Public Road, Suite 225,Lafayette, CO 80026; Phone: (303) 439-8369; Fax: (303) 664-5313; E-mail: Info@GreenPlayLLC.com (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: GreenPlay will develop a resource allocation and cost recovery philosophy, model and policy as described in Exhibit A: Scope of Work 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 June 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed thirty three thousand nine hundred fifty dollars ($33,950) plus applicable 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly 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 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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 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: Karon Badalamenti Lori Hogan, Recreation and Cultural Services GreenPlay LLC Supt. 211 N. Public Road City of Kent Suite 225 220 Fourth Avenue South Lafayette, CO 80026 Kent, WA 98032 E-mail: Info@GreenPlayLLC.com (253) 856-5067 (telephone) (253) 856-60650 (facsimile) (303) 439-8369 (telephone) 303 664-5313 facsimile APPROVED AS TO FORM: I Kent Law Department [In this fleld,you may enter the elactrnnlc Pllepath where the contract has been saved] 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 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Phaktladl(UJfApYMYads Aene916+R M.400en 5exa Corisultlnp Kent, WA - Parks, Recreation & Community Services Scope of work for developing a Resource Allocation and Cost Recovery Philosophy, Model and Policy GreenPlay Preliminary Proposal May 7, 2013 Project Lead —Ms. Lori Hogan Sent via email to: LHogan@l<entwa.gov Dear Ms. Hogan: GreenPlay LLC is pleased to submit our preliminary scope proposal outlining options to provide specialized sole-sourced professional parks and recreation planning and management advisement services. We are proposing an introduction to, and work sessions for GreenPlay's (proprietary) Pyramid Methodology using a fully facilitated process to develop your Cost Recovery Model and Resource Allocation Philosophy, Please note that the Scope of Work is provided in response to a "Sole Source Request" and may not be adopted for a competitive bidding process without written approval. GreenPlay has been providing Parks and Recreation assessments, plans, and related services for communities around the country since 1999, including developing Cost Recovery Models for cities, counties and special districts across the United States. Our GreenPlay team will include Karon Badalamenti as our GreenPlay Project Manager. Karon has extensive experience with this type of work, and in fact,was the project manager assisting MetroParks Tacoma in developing their cost recovery philosophy. Recently and presently, several cities and agencies in Pacific Northwest have undertaken this very work with great success. Our team will also consist of me, Chris Dropinski, CPRE, as Principal- in-Charge. We have developed very effective and efficient ways of communicating, producing and delivering high quality service, ensuring that your community is receiving the highest return on investment possible in this important work. We have worked with over 300 communities on various plans and using these tools and methodologies, and still treat each one as unique, providing customized community-specific results. Resource allocation and cost recovery models like the Pyramid Methodology are currently being taught in universities and used successfully around the country in agencies including: • City of Corvallis,North Clackamas, Tualatin Hills and Willamalone Parks and Recreation Districts in Oregon • The Cities of Coppell and Arlington in Texas and Glenwood Springs in Colorado • City of Carlsbad,San Diego County in California • City of Alexandria and Arlington County in Virginia • Montgomery County Department of Parks in the Maryland National Capital Parks Planning Commission (M-NCPPQ and the Montgomery County Department of Recreation in Maryland • Oakland County Parks and Recreation Commission in Michigan Page 1 �reedinpfdp81nf1$fkelh¢tiOM1 FndOpenSwtarnnJn!IInp GreenPlay has established the Pyramid Methodology as a model and ' philosophical approach to allocating taxpayer funds for partial orwholly subsidized services, setting fees, determining partnership contributions,or pursuing alternative funding sources depending on the beneficiary of the service. Task A. Strategic Kick-tiff GreenPlay will work with your senior staff to clarify desired project outcomes, specific staff involvement, workshop formats, and identification of additional materials necessary to start this process.This SKO will initiate the Cost Recovery work, collect information, and provide trainings as to what will be needed. This kick-off trip will include a meeting with your senior staff to clarify desired project outcomes, specific staff involvement, workshop formats, invitations, and logistics for each step. It will also identify additional materials necessary to start the evaluation process. Deliverables-Strategic Kick-Off One (1) one-day trip for meetings with senior management and your project team. • Determine Critical Success Factors, discuss senior staff responsibility and staff participation. • Confirm current agency Values, Mission and Vision • Introduce the Pyramid Methodology to the core project team • Present a short introduction of the methodology to City Manager's office and/or City Council • Facilitate discussions: o Project schedule and draft/final presentations to governing bodies o Public and Partner Involvement timeline o Definition of Cost Recovery staff participants and workgroups o Determination of locational or cost-centric matrices o Determination of contractor or partner participation o Evaluation of current budgeting processes,tools and cost recovery reports o Assessment of current pricing and resource allocation structures and policies o Discussion of Pyramid Methodology 10-Step Process, staff involvement and homework • Categories of Service • Definitions of Cost • Glossary of Terms • Determining cost of service provision • Goal setting Naga � 2 rAa�eadb6Elaetaex6,Annnawn AWOpenSpaee Cpqulling I. Task B. Cast Recovery Model and Resource Allocation Philosophy — The Pyramid Methodology Many agencies are using this methodology and in addition,several see its benefit and application for all special district, county and municipal services. Examples include: In Corvallis, Oregon,the Parks and Recreation Department,with the endorsement of the Parks, Recreation and Natural Areas Board (PNARB), are successfully using the methodology to increase their annual overall cost recovery and assure future service sustainability. Initial low hanging fruit ideas identified over$250,000 in annual cost recovery increase through obvious expense reductions,fee increases, and changes in processes and practices,without any impact to service. In San Diego County,the Director indicates that initial efforts are resulting in approximately$2 million positive cost recovery. In Springfield Oregon,the Willamalane Parks and Recreation District staff and several of their Board attended a national training on the methodology and then used it to develop their own philosophy and govern their decision making. The (former)Willamalane Deputy Superintendent,Jason Genck, had this to say: "We have had to make some challenging programming and budget decisions based upon the shifting needs it)our community. Thank God far the Cost Recovery[Pyramid)Model and our continued dedication to moving the model forward. It continues to establish common ground for challenging decisions, Our careful,strategic planning and conservative approach has given us the chance to seize many opportunities that have been presented in this tough economy. We are taking time to allow staff to establish the new thriving Willamalane Center by using our cost recovery model and other tools."-December 2010 Jason Genek, CPRP, Deputy£uaerintetaeient Willarnalane Park and Recreation District A Notionc?t Gold Medal Award Winninq Agency Jason is now the General Operations Manager for the City of Westminster in Colorado The City of Carlsbad,CA, is also a GreenPlay client whose leadership desires application across the entire municipal system, and they began with the Parks and Recreation Department to test the application. 1. "The Pyramid Model is just part of the whole strategy. The part 1 appreciate most is the [communityjfoirness issue. [The report has]laid a foundation for most, if not all of our future decisions." 2. "[The Pyramid Model]will need to be a dynamic tool as circumstances change. . . as community interests change and its ability to adapt to that." 3, This[model/report]provides support and fairness for us and captures the heart and values of the core positions and balance of our community,so i am very pleased to support this tonight and I believe this to be a very useful tool for us. Thank you for doing this. Mark Packard,Carlsbad,CA Counclimember GreenPlay's presentation at their meeting,June 9,2009, As part of GreenPlay's proposed process,we will evaluate current and expected cost recovery philosophies and expectations and will work with your staff and decision-makers to develop consensus on your intended goals. We will train your staff to use various tools and formulas to create programs for appropriate budgets and service pricing. 11 age 13 I REE LAKC ihei6etlP�pfJpploYd�is,Hfurea[pn � A,WOyan 9tl CbnPnm 1 Having a Cost Recovery Model and Resource Allocation Philosophy in place can help agencies answer challenging questions such as: • "Are your programs priced fairly and equitably?" • "How will you continue to fund your agency's facilities and services in relationship to future budget constraints?" • "Are you using your funding in a responsible manner?" • "Do you have a methodology for subsidy distribution? If so, is the process transparent?" • "Does the way that you charge for services (facilities, programs, etc.) support your agency's values,vision, and mission?" Establishing a well-crafted philosophy for cost recovery and subsidy allocation is the foundation for developing strong,sustainable financial management strategies.A solid philosophy will allow staff to recognize where subsidy is being applied,to determine if it is at an appropriate level, and to justify your agency's pricing structure, including costs for new services.Your staff will be an integral part of the decision-making process for setting expectations.They will learn how to apply agency tools and budget expectations to set equitable pricing based on consensual vision,values, and mission. Because the tool is guided by and created through the public involvement process, we establish buy-in, educate, and generate interest by being transparent and credible. Often the participating citizens, stakeholders, and partners, become the agency's greatest advocates and champions for future issues, sometimes establishing the grassroots support for taxation issues orfee increases.This collaborative process results in consensus for a foundational philosophy which underpins discussion and decision- making. In short,this method works! Development of Resource Allocation and Cost Recovery Philosophy This process provides a consensual approach to identifying agency resource allocation and cost recovery goals and provides formulas and structure for pricing decisions for all levels of the organization. We use the Pyramid Methodology, as illustrated below and developed by Green Play, LLC,to help develop a philosophy that details the level of subsidy necessary for your agency's services (facilities, programs, etc.). G!rcxFair„ The Pyramid The Pyramid Methodology is an effective Methodology management tool currently being utilized by agencies across the country to articulate the level of benefit that services such as facilities and programs provide as they relate to the Values,Vision, and Mission of an agency.This proven design leads to a logical determination Ill InNFr d'a4irt"bmnir�thuy, lr of resource allocation and subsidy/cost recovery goals, and future fees and charges. giil' Establishing guidelines and a methodology for �, such critical operational issues is imperative to I.i> ostfy CvtrprdjjA(ii gltflt`' sound fiscal responsibility,governmental ,111!,1 i!yiy accountability, and decision making. P a g e 4 i �:RE"6N L�frtc �I Poetatdlnp2Epain Pads,8attea�ion. AitlflpBnSpgLtrCUnrvfllnp The Pyramid Methodology engages your stakeholders, including community members, collaborators, decision-makers, and agency management and staff.This process also leads to recommendations for implementation. Deliverables- Resource Allocation and Cost Recovery Philosophy Development • Series of three multi-day trips to conduct Cost Recovery/Resource Allocation Workshops that may include continental breakfast, lunch, or dinner provided by the agency at your discretion (three full-day staff workshops and a minimum of two public meetings). • Workshop 1- Introduction and education on the Pyramid Methodology.;development of the Categories of Service for the agency, and determination of cost center pyramid needs. • Workshop 2a-A series of staff and public meetings including community representatives; sorting Categories of Service based upon each category's beneficiary and the values, vision,and mission. • Workshop 2b-Development of direct and indirect cost definitions with staff and identification of current cost recovery levels to establish baselines. • Workshop 3- Establishment of cost recovery/subsidy allocation target ranges/goals with staff, determine appropriate pricing strategies, and develop implementation steps. Task C. Final Resource Allocation and Cost Recovery Model Presentation Green Play will develop the final resource allocation and cost recovery philosophy report, model, and related policies, and present detailed information to your appropriate governing bodies as identified in the Strategic Kick-off meeting. GreenPlay will then revise yourfinal Report and Policy document for submission to your Agency. Deliverables of the Final Report and Presentations One trip to present the final document. • Cost Recovery Model and Resource Allocation Philosophy, Model, and Draft Policy • Recommendations for Implementation I 51P a belaatl�rtlTdpeln PaRr,Ratttalhn dREEXPLAYg andtltlenSpattrCpnrvltln0 Agency Investment — Facilitated Base Project — Firm Fixed Price Total Not to Exceed $33,950 The base project is proposed as a "Firm-Fixed Price"to provide the maximum cost savings to the agency. Task A. Strategic Kick-Off 1. Trip 1—one-day tentatively anticipated for Fall 2013 2. Onsite team meeting, introductory workshop, and planning $ 4,450 Task B. Resource Allocation and Cost Recovery Process 1. Trip 2—Workshop 1-Categories of Service and Definitions of Cost $ 6,550 2. Trip 3—Workshop 2—Sorting,Consensus Pyramid and Current Cost Recovery $10,650 3. Trip 4—Workshop 3 -Targets, Pricing and Goal Setting 6,550 Total Resource Allocation Process $23,750 Task C. Resource Allocation and Cost Recovery Philosophy, Model and Policy Presentation 1. Trip 5—Resource Allocation and Cost Recovery Philosophy, Model and Policy $ 5,750 As a cost savings measure, all materials, draft and final reports will be provided electronically for the client to print as necessary. For projects like this that include more than 100 hours of work, Green Play typically recommends and proposes using a Firm-Fixed Price model for compensation.This means that the contract is preliminarily based on a projected number of hours, but thatthe compensation is actually based on completion of pre-determined contracted tasks the Scope of Work within a pre-specified timeline.This usually works well for the client in that they will get all the work done that they need, regardless of how many hours during the timeline that it takes to do it,The firm fixed fee also means that all travel, reimbursable expenses, and deliverables are built into the per task cost. In the event that the contracted Scope of Work is changed by the client during the course of work, Green Play can adjust total contract fees accordingly based on the regular hourly rates.This portion of the project is proposed as a Firm-Fixed Rate Fee project. Additional Agency Investment a Professional Advisor on Retainer Additional meetings, advisement, projects tasks,support,facilitated workshops,etc. may be added to the initial proposed investment at our hourly or daily consulting rate: Hourly Consulting Rate $ 150 per hour Daily Consulting Rate (plus all travel expenses) $1,500 per day Potential Additional Services— Budgeting and Financial Definitions and Trainings Sometimes staff may need a "Budget and Financial Training" primer prior to the start of the resource allocation and cost recovery philosophy, model, and policy development process. This objective identifies the need for additional staff trainings on basjc budgeting,financial terms, and how the agency's staff should assess budgets, pricing, cost recovery, and basic financial and revenue expectations. GreenPlay can provide trainings with your financial staff, managers, supervisors, and operational staff who may require such training, and can offer curriculum for staff to create agency- specific training modules. I 61Page I rhnleaWntl Ed9a to Ead$Ne�reatlan i AnxOnanSp¢mCam�uMa t' The potential cost would be determined based on on-site or remote training/curricula,the number of staff and days designated fortraining, and whether or not these trainings can be combined with other on-site trips. This can be discussed and determined at the strategic kick-off meeting or at anytime during the course of the contract. ry Our work also includes, at no additional charge: Our commitment that for each task,we will quickly assess your current circumstances and provide what you need to move to the next level, rather than providing you a standard planning response, whether you need it or not. Our rates include: Professional staff, sub-consultant, and administrative salaries. La • All office overhead, equipment, utilities, and insurances. • Taxes, employee benefits, and Worker's Compensation. Administrative support staff and supplies and local travel Deliverables and meetings as outlined in the Scope of Work. • All travel expenses and time in the"Facilitated Base Project" scope of work Rates may not include (unless specified in the Scope of Work): Materials and services outside of the pre-specified Scope of Work(may include extra meetings, requested copies, and printing of work products). All travel expenses and time in the Professional Advisor on Retainer"three-year blanket contract period" scope of work. As a baseline:When billing hourly,GreenPlay's hourly rate is $150 per hour for all contracted professional consulting services.While the hourly rates may sound high relative to typical public agency staff pay rates, our fees comprehensively include the costs for our consultants and related administrative expenses, insurance, equipment,and other relevant costs associated with our services. We find that this rate is usually comparable to,or lower than, what an agency would spend for in-house staff. An additional benefit is that when the project is finished, the expense ends. Invoicing: Greenplay typically submits an invoice for payment to the project manager or primary contact person on a monthly basis. Each invoice includes a brief description of the services provided and percentage of Scope completed to date. Invoices past due over 60 days will accrue 1.5% interest per month. Otherstructures for compensation and payment can be negotiable prior to contract award. Project Delays: We understand that time is tax-payer money. GreenPlay team members strive to complete our projects in a timely and efficient manner. We will work with your Project Manager to set an expedient and realistic"scope of work end date." j Project Delay Policy There is an added cost for GreenPlay when projects are extended beyond a contracted end date, including staff reassignment, loss of capacity to perform other work, and administrative schedule changes that may impact other projects. Our policy takes into consideration delays due to operational and approval constraints, scheduling, and other internal and external factors.GreenPlay will discuss our typical policy regarding potential project delays upon contract award. 7 1 P a g e I 7daCeadly FABetn Ponka,Nurealion BidOpendpnoaGanrotling Our Commitment to You We understand that the current economic climate is driving agencies to examine "why" as well as "how' they use the taxpayer investment and that many agencies are either doing more with less or are trying to be financially sustainable while offering more services.Sometimes agencies have the resources to complete this kind of citizen-centric, systemic philosophical work on their own, and sometimes they require objective assistance. We would like to help you actualize this goal by providing you with this innovative scope of work,tools and methodologies foryour consideration. We believe that our previous experience provides us with the knowledge, processes, and insight necessary to create implementable plans and tools forthe Kent,Washington Parks, Recreation and Community Services Department.We pride ourselves on being available and accessible to your agency, and partnering with you to help achieve your goals. We have put togetherthis revised scope of work based on our understanding of yourfinal Cost Recovery Project Refined Scope utilizing the Pyramid Methodology,and based on our experience of delivering effective services. We look forward to working with you to help you continue your critical place at the table and assuring continued parks and recreation funding! If you have any additional questions, please feel free to contact us at the number listed below.Thank you for your attention and consideration. Respectfully, Chris Dropinski,CPRE Senior Principal and Managing Member Direct Phone: (303)870-8674 Email:ChrisD@GreenPlayLLC.com If you have any questions regarding this scope of work and fee, please do not hesitate to contact Karon Badalamenti, Principal and Project Manager, directly at (303)870-0021 or I<aronb@greenplayllc.com. Sincerely, Karon Badalamenti,CPRE and Principal,GreenPlay, LLC 8 Pa Z e EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 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 and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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 Contractor 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. 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 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION KENT Agenda Item: Action after Executive Session TO: City Council DATE: October 1, 2013 SUBJECT: Resolution of Intent to Set a Public Hearing Date for LID 365, SE 256th Street Improvements, 116th Ave SE to Kent-Kangley Road — Set Hearing Date MOTION: Recommend Council adopt a Resolution of Intent setting November 19, 2013 as the date for a public hearing on the formation of Local Improvement District 365, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: On March 5, 2013 The City of Kent Council formed LID 364 for the SE 256th Street Improvement project to help fund the $2 million funding gap. This LID was rejected and overturned by the participants 30 days later. LID 364 included properties that signed a "No Protest" covenant that allowed for development of the property without completing street improvements on 256th. They agreed to not protest the formation of a future LID to help pay for the improvements to the roadway. The City proposes to form a new LID, (LID 365) to include only these properties and collect the appropriate share of the costs for the road improvements as promised under the "No Protest' covenants. The total assessments for the proposed LID 365 is $365,643.48 and includes 24 properties. EXHIBITS: Resolution of Intent RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This amount was anticipated as part of the total project budget. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent- Kangley Road to 116th Ave SE; and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on November 19, 2013. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, 1 Resolution of Intent - LID No. 365 erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent-Kangley Road to 116th Ave SE, as more fully described in Exhibit B, attached hereto and by this reference made a part hereof. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Public Works Director of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. SECTION 2. The total estimated cost and expense of the improvements is declared to be approximately $7,000,000.00, approximately $4,634,000 of that cost and expense shall be paid by the City, approximately $2,000,000 of that cost and expense shall be paid by grants, and the balance thereof (an estimated $365,643) shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established. The local improvement district is to include as nearly as practicable those properties specially benefited by the improvements that were required as a condition of property development to participate in a local improvement district for the identified improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. 2 Resolution of Intent - LID No. 365 SECTION 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law. This resolution also shall be published in its entirety in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. SECTION 4. All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7:00 p.m. on November 19, 2013, which time and place are fixed for hearing all matters relating to the improvements and all comments thereon and objections thereto and for determining the method of payment for the improvements. All persons who may desire to object thereto should appear and present their objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the 3 Resolution of Intent — LID No. 365 date of passage of the ordinance ordering the improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. SECTION 5. The City's Public Works Director is directed to submit to the City Council on or prior to November 19, 2013, all data and information required by law to be submitted. SECTION 6, Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this 1't day of October, 2013. CONCURRED in by the Mayor of the City of Kent this day of October, 2013. SUZETTE COOKE, MAYOR ATTEST: RONALD MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY 4 Resolution of Intent — LID No. 365 Exhibit A L.I.D. Boundary Description L.I.D 365 — SE 256th Street Improvements Those portions of the south half of Section 20 and the north half of Section 29, both in Township 22 North, Range 5 East, W.M., King County, Washington, described as follows: Lots 1, 2 and 3, City of Kent Short Plat No. SP-83-8 recorded under auditors file no. 8412050348, being a portion of the west half of the southwest quarter of the southeast quarter of said Section 20. TOGETHER with Lot 1, Ulle-Land No, 1, being a portion of the south 150 feet of the east half of the southeast quarter of the southeast quarter of said Section 20, except the south and east 30 feet for roads, according to the plat thereof recorded in Volume 65 of Plats, page 94, records of said county; AND TOGETHER with Lots 1 through 14 inclusive of Olympic Estates, being a portion of the northeast quarter of the northeast quarter of the northeast quarter of said Section 29; except the south 320 feet of said subdivision; and except the north and east 30 feet thereof for roads, according to the plat thereof recorded in Volume 118 of Plats, page 24, records of said county; Except that portion conveyed to the City of Kent by deed recorded under auditors recording no. 19991025000337, records of said county. AND TOGETHER with Units 15A, and 15B, Building 15 and Units 16A and 16B, Building 16, Olympic Estates Condominium, according to the declaration thereof recorded under auditors file no. 9603040912 and any amendments thereto; said units as located on survey map and plans filed in Volume 131 of Condominiums, Pages 54 and 55, records of said county; AND TOGETHER with that portion of the northeast quarter of the northwest quarter of said Section 29 more particularly described as follows: Beginning at the northeast corner of said subdivision; Thence south along the east line of said subdivision 30 feet to the south margin of County Road, also known as "Middle Road" (now known as Southeast 256th Street), and the True Point of Beginning; Thence south, continuing along said east line, 1 Exhibit A to Resolution of Intent LID No. 365 319.65 feet; Thence north 65008'00" west to the southerly prolongation of the westerly line of the land conveyed to Dennis J. Mullen and May Mullen by deed recorded under auditors recording no. 3743246, records of said county; Thence northerly, along said prolongation and said westerly line, 272.72 feet to said south margin of Southeast 256th Street; Thence easterly, along said south margin, 90.00 feet to the True Point of Beginning. AND TOGETHER with that portion of the northeast quarter of the northwest quarter of said Section 29 more particularly described as follows: Beginning at the intersection of the northeasterly margin of Black Diamond Road, being 60 feet in width, said road also known as Kent Kangley Road, with the south margin of Julius Johnston Company Road, being 60 feet in width, said road also known as Southeast 256t" Street; Thence north 88057'00" east, along said south margin of Southeast 256th Street, 221.43 feet to a point on the west line of the east 615.22 feet of said subdivision; Thence south 4021'33" east, along said west line, 168.92 feet to a point on the northeasterly margin of said Kent Kangley Road: Thence north 54056'23" west, along said northeasterly margin, 286.15 feet to the Point of Beginning; Except that portion conveyed to the City of Kent by deed recorded under auditors recording no. 6428940, records of said county. M0 N 04. Z. s �° A - 2 Exhibit A to Resolution of Intent LID No. 365 Exhibit B Description of Improvements L.I.D 365 — SE 256th Street Improvements The overall project limits for SE 256th Street are Kent-Kangley Road to the west at the 'Y' intersection and 116th Ave. SE to the east. The roadway improvements include but are not limited to: • Widening to 3 lanes with a center left turn lane • Bicycle lanes in both directions • Installation of cement concrete sidewalks and driveways • New roadway pavement section • Curb and gutters • Storm drainage system with detention and treatment facilities • Relocation and adjustment of existing utilities and other improvements such as fire hydrants, manholes, water meters, valve boxes, monuments, utility poles, street light poles, mailboxes, fences and signs as necessary • Channelization • Traffic signs • Street trees • Planter strips between the curb and sidewalk • Street lighting • Erosion control both temporary and permanent • Retaining walls where necessary • Undergrounding of electrical facilities • Wheel chair ramps in the curb and sidewalk at the intersections • Traffic signal revisions as necessary at both ends of the project • Utility stubs and extensions as necessary • Removal of existing improvements as necessary 1 Exhibit B to Resolution of Intent LID No. 365 CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Resolution No. (the "Resolution") is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on October_, 2013, as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this day of October, 2013. CITY OF KENT, WASHINGTON RONALD MOORE, CITY CLERK P:\Civil\Re�lution\LID 365 R soludon Of Intent.Doc CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. October 1 , 2013 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT October 1, 2013 w s v ro Council Chambers Mayor Suzette Cooke Council President Dennis Higgins Councilmember Elizabeth Albertson Councilmember Bill Boyce Councilmember Jamie Perry Councilmember Dana Ralph Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. King County/Seattle Public Health — Medicaid/Health Benefit Expansion Erica Nuerenberg 20 minutes 2. 2014 B&O Project List Tim LaPorte 40 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. Proclamation for "Releaf" 2013 at Clark Lake Park D. Intergovernmental Reports 5. PUBLIC HEARINGS A. 2014 Mid-Biennium Budget — First Public Hearing B. 2014-2018 Capital Improvement Plan — First Public Hearing 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop — Approve B. Payment of Bills — Approve C. Excused Absence for Councilmember Perry for September 17, 2013 - Approve (Continued) COUNCIL MEETING AGENDA CONTINUED D. Renewal of New Cingular Wireless Cell Site Lease at Lake Fenwick Park — Authorize E. Interlocal Agreement with the City of Tukwila for the Briscoe Levee — Authorize F. 2014 Washington State Arts Commission Project Support Grant — Accept G. New Connections Lease Agreement — Authorize 8. OTHER BUSINESS A. Green Play Agreement — Authorize 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. POTENTIAL LITIGATION - Resolution of Intent to Set a Public Hearing date for Local Improvement District 365 — SE 256th Street Improvements, 116th Ave SE to Kent-Kangley Road — Set Public Hearing Date 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Proclamation for "Releaf' 2013 at Clark Lake Park D) Intergovernmental Reports PROCLAMATION Whereas, the City of Kent has a strong and active volunteer community; and Whereas, connecting with others and working together through volunteer service will unite the diverse groups in our community to undertake and complete a successful project; and Whereas, since 2002 the City of Kent has held a ReLeaf volunteer event to focus on reforestation and revegetation of Clark Lake Parkin Kent; and Whereas, since then, 831 volunteers have planted and cared for trees as part of ReLeaf, contributing over 2,136 hours with a value to the City of nearly $48,465; and Whereas, volunteer service is an investment in the future we all must share and contribute to; and Whereas, Kent Parks, Recreation and Community Services Department is dedicated to enriching lives by providing safe and inviting parks, open spaces and facilities, and Whereas, Clark Lake Park's 130 acres provides walking trails, a sparkling lake and habitat for numerous species; NOW THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim the day of Saturday, October 12, 2013 as ""FtELEAF" 2013 A7' LA E PARK In the City of Kent, and I encourage all citizens to join me in recognizing the importance of this observance by volunteering your time to help in our community. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 1st day of October 2013. P Suz¢tW ooke, Mayor tie pj "" ? cad k � '{ KENT WASHINGTON KENT Agenda Item: Public Hearings — 5A TO: City Council DATE: October 1, 2013 SUBJECT: 2014 Mid-Biennium Budget — First Public Hearing MOTION: No action required. SUMMARY: This is the first public hearing on the 2014 mid-biennium budget at the regular City Council meeting. Public input is welcome as the City begins to prepare the 2014 mid-biennium budget. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: None KENT Agenda Item: Public Hearings — 513 TO: City Council DATE: October 1, 2013 SUBJECT: 2014-2018 Capital Improvement Plan — First Public Hearing MOTION: No action required. SUMMARY: This is the first public hearing on the 2014-2018 Capital Improvement Plan. Public input is welcome as the City begins to prepare the 2014-2018 Capital Improvement Plan. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: None 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 H. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of September 17, 2013. 7B. Approval of Bills. Approval of payment of the bills received through August 31 and paid on August 31 after auditing by the Operations Committee on September 17, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 8/31/13 Wire Transfers 5586-5598 $1,764,245.11 8/31/13 Regular Checks 675991-676543 3,739,442.56 8/31/13 Use Tax Payable 2,316.14 $5,506,003.81 Approval of checks issued for payroll for August 16 through August 31 and paid on September 5, 2013: Date Check Numbers Amount 9/5/13 Checks 332804-332952 $ 98,413.12 9/5/13 Advices 318414-319058 1,209,227.88 $1,307,641.00 11 � KENT Kent City Council Workshop September 17, 2013 The meeting was called to order at 5:31 p.m. by Council President Dennis Higgins. Councilmembers present: Higgins, Thomas, Boyce, and Ralph. Councilmember Albertson and Perry were absent. Councilmember Ranniger arrived at 5:57 p.m. Senate Transportation Hearings. Michelle Wilmot discussed the Senate Transportation Hearings and a letter she prepared for mailing to the legislature which highlighted the concerns of the City of Kent. She noted that the letter strongly recommends the legislature pass a transportation package that includes funding to complete the SR 509/SR 167 "Gateways Project" and to assist with the completion of the 228th Street/Union Pacific Railroad Grade Separation. Council President Higgins added that he would also like to see a section in the letter that addresses the funding of King County Metro Transit services. Councilmember Boyce inquired about the gas tax and Wilmot replied that the prime concern is that there be no strings attached to the distribution of the funds. The funds, she said, must directly fund the needs of the city of Kent and other municipalities. Council President Higgins noted that a sunset clause may or may have been identified and the Council should pay attention to specifics. Councilmember Ralph stated that she didn't think the gas tax funds would come back to the cities. Councilmember Thomas said he was ok if the letter is coming from the Council President, but he didn't want it coming from the Council as a whole. Council President Higgins said he could submit it as the Council President only. Brubaker communicated that the Council can vote on the letter and either have it come from the majority through a vote or determine how the rest of the Council feels about it and add the appropriate names. Council President Higgins, Councilmember Ralph, and Councilmember Boyce communicated that they were ok with having their names on the letter and Brubaker stated that Wilmot can communicate with the other Councilmembers to see if they want their names included in the letter. Downtown Subarea Action Plan. Planning Director Fred Satterstrom discussed the item. He noted that there are some actions that the Council will have to take in the next month and some to execute after the plan is adopted. Downtown has been a Council target issue for years, he said, and displayed a copy of the Kent Downtown Plan from 1966. He pointed out that many of the items in the 2005 Downtown Plan have been executed. Satterstom communicated that the downtown area has expanded since the 2005 Downtown Study Area. He discussed the downtown Kent City Council Workshop Meeting September 17, 2013 stakeholder interviews and the vision that came about those studies. The planning principals, he pointed out, are Economic Vitality, Enjoyable Outdoor Space, Urban Livability, Neighborhood Capability, Memorable Downtown Experience, Pedestrian Priority, and Environmental Sustainability. He communicated that Urban Livability was the most important and had the highest interest in the study. He displayed a video of some people that were surveyed about their vision for downtown Kent. City Planner Gloria Gould-Wessen stated that this is a two-phase approach with the first phase being an update of the Comprehensive Plan, map amendments, and a Code amendment. She stated that this Downtown Subarea Action Plan (DSAP) completely replaces the 2005 Downtown Strategic Action Plan. She stated the plan provides three alternatives for growth and staff prefers alternative two which balances the jobs and growth efforts. It also provides adequate housing and jobs which adequately provide for the growth management act levels assigned. She discussed the themes of the DSAP (livability, economic vitality, safety, outdoor gathering space, compatibility, and sustainability) and several enhancements such as improved street and area lighting, business development and redevelopment, mixed uses, and repositioning parks to better serve the community. She communicated that compatibility deals with having appropriate ways to move the residents into downtown and improving pedestrian and bicycling routes. She presented the land use plan maps and the zoning district maps and discussed the staff proposal to grow the urban center (UC) and changing the Comprehensive Plan land use of another area to industrial (I). She noted that doing this will satisfy the King County requirement for urban centers. She explained the aggregated staff proposed rezones and noted that there are residents residing near the ShoWare that are in favor with the rezone. Councilmember Ralph and Councilmember Ranniger inquired about zoning in the North Park area. Gould-Wessen replied that the staff came to the realization that to encourage the size of development to make it worthwhile the area has to be rezoned and have the potential for redevelopment. Councilmember Thomas also inquired about another area next to the one Councilmember Ranniger pointed out and Gould-Wessen replied that the intention is to maintain the buffer to the residential neighborhood. Councilmember Thomas discussed having all of the areas in the CP land use plan map be zoned the same and Council President Higgins pointed out that there is a difference between land use and zoning. Council President Higgins communicated that the rezone would only affect ten properties and Gould-Wessen stated that the Land Use and Planning Committee has looked at them. Councilmember Ralph encouraged the Council to listen to the LUPC meeting. Gould-Wessen stated that there are abandoned buildings on Meeker and the need for investment in that area. She noted that based on the survey and questions to the community the City wants something done. She communicated that rezoning the area to DCE allows the heights to be higher and they anticipate a 65 foot building in the zone. 2 Kent City Council Workshop Meeting September 17, 2013 Gould-Wessen communicated the mixed use overlay amendments and noted that the mixed use definition would be revised, there would be an increase in the GC-MU building height, a design review would be added, and the mixed use standards for GC-MU would need to be amended. She communicated that in October this item goes to the Economic and Community Development Commitee and, in November, the Council will review it. She continued and stated that in Phase II there will be planned action and infill exemption, an update of the downtown design guidelines, and amendments to development regulations. Economic and Community Development Director Ben Wolters communicated that the economic development initiatives will be a planned action ordinance, the Meeker Revitalization Initiative, work done on outdoor gathering spaces/parks, and a citywide economic development strategy to include more upgraded housing choices. He noted that revitalization initatives have done well across the nation and the Meeker Revitalization Initiative will take place between 2nd and 4th on Meeker. Satterstrom thanked Councilmember Perry for her service on the downtown steering group and Randal Smith for his work on the committee. The meeting adjourned at 6:29 p.m. Ronald F. Moore, MMC City Clerk 3 KENT Kent City Council Meeting September 17, 2013 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Ralph, Ranniger and Thomas. Councilmember Albertson arrived at 8:04 p.m. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins added Consent Calendar item 7(J), an excused absence for Councilmember Albertson. Interim Chief Administrative Officer Brubaker communicated that there will be an executive session, as authorized per RCW 42.30.110(1)(b), concerning property acquisition. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. Mayor Cooke communicated that the Harlem Globetrotters had an event at the ShoWare Center and Kent was recognized as getting a "Money Ball" because the attendance to the event has increased in each of the previous three years. B. Community Events. Mayor Cooke announced that the "Crop Walk" will be on October 6 at 1:00 p.m. at the Kent Lutheran Church. She added that proceeds go to the Kent Food Bank, the Homeless Men's Shelter, and the Community Supper at the church. Councilmember Thomas communicated that the Barnum & Bailey Circus will be at the ShoWare from October 3-6. Councilmember Ralph communicated that the 2013-2014 Spotlight Series is going on and discussed the specific plays. Councilmember Thomas communicated that there is a casino event at a Kent "sister" Kiwanis Club on September 28. C. Introduction of Lodging Tax Advisory Committee Appointee. Mayor Cooke introduced Tim Higgins, the new Lodging Tax Advisory Committee member. Tim Higgins thanked the Mayor for the appointment and communicated that having a seat on the board will help the communication flow easier to the ShoWare. He thanked Councilmember Thomas for the mention of the circus event. D. Proclamation for National Public Lands Day at Park Orchard Park. Jeff Watling, Parks and Recreation Director accepted the proclamation and communicated Kent City Council Minutes September 17, 2013 that National Public Lands Day has been going on for six years and the event will occur on September 28. E. Public Safety Report. Police Chief Ken Thomas presented the September 2013 Public Safety report. Car prowls have reduced over the past year and auto thefts are still relatively high, but it is a regional issue, he said. He communicated that robberies have jumped due to it being summertime and the influx of iPhone and iPad robberies. He noted that residential burglaries are going down slightly and commercial robberies are, unfortunately, going up. He presented the Police Chief's Life Saving Award to Officer Jeff Kuzack who used his police-issued automated external defibrillator (AED) to revive a resident who was experiencing a heart attack. Chief Thomas noted that this is Officer Kuzack's second life-saving award in two years. He read a letter from the crew of firefighters who arrived on the scene, applauding the efforts of Officer Kuzack. Thomas presented Officers Joe Mello, Justin Davis, Jason Phelps, Justin Rausch and introduced new Correctional Officer Amber Brunelle to the Council and public. He discussed their backgrounds and Mayor Cooke swore the officers in. He noted that the next quarterly open community meeting is this Thursday at 7:00 p.m at Horizon Elementary School. Councilmember Boyce confirmed that all vehicles are equipped with an AED. F. Intergovernmental Report. Council President Higgins said the King County Regional Transit Committee meeting was cancelled for September 18 and will meet in October and that the King County Chemical Dependency and Oversight board will also meet in October. He discussed the King County Regional Policy Committee and the main topic was the solid waste interlocal agreement extension and that the city of Bellevue didn't execute the agreement. He stated that Seattle also hasn't signed the extension. Councilmember Ralph communicated that the South County Area Transportation Board (SCATBD) met this morning and the Puget Sound Gateway Project completion of State Route 509/State Route 167was discussed. She noted that Washington State exports $111 billion in goods and products and this project is crucial to the economic vitality in this area and keeping the ports competitive. She noted that the King County Regional Law and Safety & Justice Committee meets on September 26 and they will be discussing affordable health care and its impacts on the criminal justice system. Councilmember Boyce attended the Sound Cities Association (SCA) meeting and said the non-execution of the solid waste interlocal agreement extension upset cities, but a draft extension agreement should be ready by October 29 for SCA and going to the King County Council on November 27. PUBLIC COMMENT 1. Tom Brice, Kent, presented a petition against the sale of the Par 3 golf course to the City Clerk. 2. Perry Sobolik, Kent, discussed the utility committee and said he received a shut off notice for his water. He said the customer service department was friendly and voiced his disapproval of having to pay a $30 fee for the shut off notice. He said 2 Kent City Council Minutes September 17, 2013 that a $30 fee for the cost of paper, postage, and an envelope seems punitive and the people who are struggling can't afford it. He said it doesn't seem fair to charge the fee. However, he said he had to pay the fee. He suggested someone look into the fee and any others. Mayor Cooke communicated that Councilmember Thomas will look into the water shut off fees. Councilmember Thomas stated that the banks charge $35 per bad check. CONSENT CALENDAR Council President Higgins moved to approve Consent Calendar Items A through 3, seconded by Councilmember Thomas. The motion carried and the following items were approved: A. Minutes of the workshop and regular Council meeting of September 3, 2013. B. Payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 20, 2013. Checks issued for vouchers: Date Check Numbers Amount 7/31/13 Wire Transfers 5553-5566 $1,243,227.03 7/31/13 Regular Checks 675004-675381 3,543,602.38 7/31/13 Use Tax Payable 387.38 $4,787,216.79 Approval of checks issued for payroll for July 16 through July 31 and paid on August 5, 2013: Date Check Numbers Amount 8/5/13 Checks 332515-332661 $ 118,441.57 8/5/13 Advices 317109-317760 1,229,266.12 $1,347,707.69 Approval of payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on September 3, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/13 Wire Transfers 5567-5585 $1,605,558.35 8/15/13 Regular Checks 675382-675990 2,503,922.78 8/15/13 Use Tax Payable 4,830.79 $4,114,311.92 Approval of checks issued for payroll for August 1 through August 15 and paid on August 20, 2013: 3 Kent City Council Minutes September 17, 2013 Date Check Numbers Amount 8/20/13 Checks 332662-332803 $ 106,227.78 8/20/13 Advices 317761-318413 1,209,260.47 $1,315,488.25 C. Excused Absence for Councilmember Albertson. Councilmember Albertson was unable to attend the September 3, 2013 Council meeting. D. Ordinance Amending Kent City Code 8.01 — Establishing "Chronic Criminal Nuisance" — Adopt. Ordinance No. 4088 amending Ch. 8.01 of the Kent City Code, entitled "Public Nuisances," to establish a "chronic criminal nuisance" that exists when three instances of criminal conduct occur on a property within a one year period and do not involve the property owner or occupants being the victims of the criminal conduct or contacting the police to report the criminal conduct, was approved. E. Ordinance Amending Kent City Code 15.02 and 15.04 regarding Group Living Facilities — Adopt. Ordinance No. 4089 amending Chapter 15.02, entitled, "Definitions," by adding and amending sections, and correcting a publishing error in section 15.02.173; amending Chapter 15.04, entitled, "Residential land uses," amending zoning districts and residential land use development conditions; and updating the code for consistency with state laws and regulations, was approved. F. Lodging Tax Advisory Committee Appointment — Confirm. The Mayor confirmed the appointment of Tim Higgins to the Lodging Tax Advisory Committee. G. Kent Public Facilities District Board Member Reappointment — Confirm. The Mayor confirmed the reappointment of Mike Miller to the Kent Public Facilities District Board. H. 2014 Mid-Biennium Budget — Set First Public Hearing Date. October 1, 2013 was set for the first public hearing date for the 2014 Mid-Biennium Budget. I. 2014-2018 Capital Improvement Plan — Set Public Hearing Date. October 1, 2013 was set for the first public hearing date for the 2014-2018 Capital Improvement Plan. OTHER BUSINESS A. Karras Consulting Services Interim Chief Administrative Officer Tom Brubaker communicated that this item involves hiring an outside recruitment firm to locate a new Finance Director because current Finance Director Robert Nachlinger resigns on December 31, 2013. He communicated that the Operations Committee expressed concerns that there could be a new Mayor and an Interim Chief Administrative Officer. He stated that the hiring process will take four to five months and communicated the process. He added that the firm has communicated that even if expedited the new Finance Director probably wouldn't be in place until the end of January. 4 Kent City Council Minutes September 17, 2013 Council President Higgins moved to authorize the Mayor to sign an Agreement with Karras Consulting, Inc., and all other documents necessary and consistent with that Agreement, in an amount not to exceed $26,280, plus limited travel costs, to assist the City in recruiting a replacement for the City's retiring Finance Director, subject to approval of final terms and conditions acceptable to the Human Resources Director and the City Attorney, seconded by Councilmember Ranniger. Councilmember Thomas communicated that he would be voting against this because of the timeline and felt the talent pool within the City should be considered to fill this position. He stated that the Operations Committee could not come to a conclusion on this item. Councilmember Boyce opposed this because it is too early and felt there is staff in- house that can fulfill the requirements of this position. He added that the City could advertise this and obtain a candidate. He added that there are talented people out in the market who could possibly qualify and for $25,000 he is sure that Bob could come back for a couple of weeks to be a consultant. He also added that there are national publications that this can be advertised in. Councilmember Ranniger stated that she has two concerns. One is with advertising and the other is with whether there is talent in-house to do the job. She inquired if the process is to select the new Finance Director after the Mayor race is concluded. Brubaker replied and Councilmember Ranniger felt the Council could move ahead with a process. She inquired what the advantage would be to use an outside consultant and Brubaker replied that the position is important and is hard to fill. He stated that the Human Resource Director picked this firm because they have expertise with finding candidates and have a pool of excellent candidates. Mayor Cooke communicated that the City has both the Finance Director and the Chief Administrative Officer (CAO) position to fill and the Finance Department and Human Resource Departments are being stretched. She communicated that the consultants could do a thorough job, provide additional background information, and can communicate with people who are employed who may be interested in this job. Councilmember Ranniger verified that the motion is only for the Finance Director position and wondered if there was any thought in using the consultant for both positions. Mayor Cooke replied that the CAO position wasn't discussed and isn't as urgent as the Finance Director. Brubaker communicated that once the election is completed the CAO position will be considered. He said there is a lot of recruiting to be done because of a high number of retirements in the staff, to include one of the Human Resource recruiters. Councilmember Albertson arrived at 8:04 p.m. Councilmember Ralph stated that she will not be supporting this and felt that the City should advertise in national publications and do the recruitment themselves. 5 Kent City Council Minutes September 17, 2013 Council President Higgins moved to postpone this item until the October 1 meeting, seconded by Councilmember Albertson. Councilmember Boyce verified that Council President Higgins wants the full council available to consider this motion. Councilmember Albertson said she is in favor of the motion because she just arrived from the Senate hearings and hasn't heard all the discussion. Councilmember Thomas stated he wasn't in favor of the motion A vote was taken on the motion on the table. Council President Higgins, Councilmember Ranniger, and Councilmember Albertson voted in favor. Councilmember Thomas, Councilmember Ralph, and Councilmember Boyce dissented. Motion failed 3-3. Councilmember Thomas moved to postpone the item indefinitely, seconded by Council President Higgins. Council President Higgins, Councilmember Ralph, Councilmember Albertson, Councilmember Thomas, and Councilmember Boyce voted in favor. Councilmember Ranniger dissented. Motion carried 5-1. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Higgins discussed the workshop and summarized that there was a report from Economic and Community Development (ECD) staff concerning the Downtown Subarea Plan. He noted that the staff recommendation and the ECD Committee proposals were heard. He pointed out that it was announced that most of the goals from the 2005 plan have been completed. He appreciated the presentation and said it will be going to the ECD Committee and Council in early November. He discussed the Senate Transportation Hearings and said the letter was reviewed by the Council. He noted that he will sign the letter and other Councilmembers are welcome to sign it. . B. Mayor. Mayor Cooke discussed the Heritage Bank ribbon cutting and encouraged the Council and public to visit their display of Kent's history inside the bank. She stated that there was a meeting last week by the King County Executive Flood Control District Board with FEMA and it was communicated that flood insurance rates are going significantly up. She stated that it is critical to have properties mapped to determine if they aren't in the flood plains. She stated that FEMA has stated that the maps will be done in about five years and will be reflect how the levees will be in 2016. She continued and thanked the Kent4Health volunteers for their participation in the event in Renton. She stated that Thursday she will be at the Interstate 405/State Route 167 advisory group meeting and there is a high amount of pressure for the City to accept three-person HOV lanes. She said she isn't in favor of it on State Route 167, but felt there may be room for it on Interstate 405. She noted that the Kent Downtown Partnership has been very engaged with the Downtown Subarea Plan and their breakfast is Friday morning at ShoWare. 6 Kent City Council Minutes September 17, 2013 C. Administration. Interim Chief Administrative Officer Brubaker stated there will be an executive session for 10 minutes. D. Economic & Community Development Committee. In the minutes. E. Operations Committee. In the minutes. F. Parks and Human Services Committee. Councilmember Ranniger stated that there will be a discussion on September 19 in the Council Chamber at 5:00 p.m. about the financial challenges concerning the golf course. No decision making will occur, she said, and the meeting is a part of the ongoing exploration concerning the shortfall and how to make the golf system sustainable. . G. Public Safety Committee. In the minutes. H. Public Works Committee. Councilmember Albertson stated that there was a Public Works Committee meeting last night concerning cuts to bus service in Kent. She said mostly the east-west routes within Kent and travel within King County would be cut and that the north-south routes that bring residents to Seattle aren't affected. She discussed the Senate Transportation Hearings, where Kent stands, and said that the location and times of the meetings are on the City's website. She noted that the next meeting is on October 7. I. Regional Fire Authority. Councilmember Thomas communicated that there was a 4-3 vote for the city of SeaTac to execute an agreement to procure fire protection services from the Regional Fire Authority. Mayor Cooke announced that she has executed a proclamation naming September 28, 2013 as "Mayor's Day of Concern for the Hungry." RECESS At 8:27 p.m., Mayor Cooke called for a two minute recess. At 8:30 p.m., the regular meeting reconvened. EXECUTIVE SESSION At 8:31 p.m. the Council adjourned into Executive Session for ten minutes. At 8:39 p.m., the regular meeting reconvened. Brubaker discussed the acquisition of two properties by the City for enhancement of the storm drain utility, to eventually certify the levee, and enhance the Lower and Lowest Russell Road Levee. Councilmember Albertson moved to authorize the Mayor to sign any and all necessary documents to complete the purchase of the property located at 22254 Russell Road South from Thomas &Janice C. Baxter in an amount not to exceed $201,600 plus any reasonable closing costs for the Lower and 7 Kent City Council Minutes September 17, 2013 Lowest Russell Road Levee project, subject to approval of final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Higgins. Motion carried 6-0. Councilmember Albertson moved to authorize the Mayor to sign any and all necessary documents to complete the purchase of the property located at 22250 Russell Road South from Jeanne Hamilton in an amount not to exceed $221,000 plus any reasonable closing costs for the Lower and Lowest Russell Road Levee project, subject to approval of final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Ralph. Motion carried 6-0. Mayor Cooke noted that the funds for this purchase came from King County Conservation Futures Program. ADJOURNMENT The meeting adjourned at 8:40 p.m. Ronald F. Moore, MMC City Clerk 8 KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: September 17, 2013 SUBJECT: Excused Absence for Councilmember Perry - Approve MOTION: Approve an excused absence for Councilmember Perry who was unable to attend the September 17, 2013, Council meeting. SUMMARY: None EXHIBITS: None RECOMMENDED BY: Council President Higgins BUDGET IMPACTS: None KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: October 1, 2013 SUBJECT: Renewal of New Cingular Wireless Cell Site Lease at Fenwick Park - Authorize MOTION: Authorize the Mayor to sign Addendum Two to the cell tower lease agreement with New Cingular Wireless at Lake Fenwick Park, and all other necessary documents, to extend the term for an additional five years, to grant New Cingular an option to renew the lease for three additional five year periods, with periodic rent increases, subject to final terms and conditions acceptable to the city attorney, and ratify all acts consistent with this authorization. SUMMARY: Since October 8, 2002, the City has leased land at Lake Fenwick Park to New Cingular Wireless for a cell tower. The original lease granted to New Cingular by Council in 2002 authorized two 5-year renewal options. This Addendum Two implements the second renewal option provided for by the lease. This Addendum Two includes a rent increase to $28,800 annually, with annual increases of 3% or the percentage increase in the CPI, whichever amount is greater, and grants New Cingular the option to renew the lease for three additional 5-year periods. Therefore, the total lease period authorized by this Addendum Two is through approximately February 11, 2033. Finally, this Addendum Two provides that New Cingular will be allowed to improve the leased premises upon providing the City with 48 hours advance notice. The City's consent to these improvements is not necessary if the improvements are constructed within the leased premises and all required permits are obtained. A copy of the improvement's plans and specifications, drawn to scale, must be provided to the City within 60 days of New Cingular completing the improvements. Because this Addendum Two applies retroactively to February 12, 2013, the authorization sought includes ratification of all acts consistent with Addendum Two that occurred prior to Council authorization having been obtained. EXHIBITS: Addendum Two to Lease Agreement between the City of Kent and New Cingular Wireless PCS, LLC. RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Yes 4 4 ADDENDUM TWO TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC. THIS LEASE ADDENDUM TWO is entered into on the date fully executed below by and between THE CITY OF KENT ("Landlord") and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, d/b/a AT&T Mobility, successor-in- interest to Pacific Bell Wireless Northwest, LLC, with its principal address of 575 Morosgo Drive NE, Suite 13-F, West Tower, Atlanta, GA 30324 ("Tenant"), for its wireless communications facility located at 4127 Reith Road, Kent, Washington ("Lake Fenwick"). This Addendum Two amends that certain Lease Agreement entered into between Landlord and Tenant on or about October 8, 2002, together with Addendum One to Lease Agreement, with an effective date of February 2, 2009 (collectively, the "Lease"). RECITALS 1. Pursuant to Section 2 of the Lease the initial term commenced on February 12, 2003, and expired on February 11, 2008. 2. Section 2 provided for three (3) extension terms of five (5) years each. .Tenant exercised its first extension option in Addendum One, which extended the Lease term through February 11, 2013. 3. Tenant and Landlord desire to extend the term of the Lease forthe second extension term which will run retroactively from February 12, 2013, to February 11, 2018. AGREEMENT Landlord and Tenant hereby agree and covenant as follows: 1. Term and Option to Renew. Section 2 of the lease shall be amended to read as follows: The second Lease extension term shall be for a term of five (5) years and shall commence on February 12, 2013, (the "Commencement Date") and shall end on February 11, 2018, (the "Termination Date"). Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to renew this Lease for three (3) additional five (5) year periods, in addition to its one remaining extension option, subject to the adjustment of Annual Rent as described in Section 3. Should Tenant exercise its option to renew this Lease, that option must be exercised in writing and delivered to Landlord at least ninety (90) days before the end of the term then in effect. ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 1 5 5 2. Rent. All terms in Section 3 of the Lease regarding Annual Rent and the increases during the renewal terms and the adjustments to Market Rent shall remain in full force and effect, except as provided below: a. Section 3.a. of the Lease shall be amended as follows: Tenant agrees to pay Landlord as Annual Rent, without notice or demand, the sum of Twenty-Eight Thousand, Eight Hundred and No/100 DOLLARS ($28,800.00), plus leasehold tax, if required by law. The Annual Rent shall be paid in advance, on or before the first day of the anniversary of the Commencement Date during the term hereof. Annual Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. b. Section 3.d. of the Lease shall be amended as follows: The Annual Rent during years two (2) through five (5) of each five (5) year term shall be increased effective as of each anniversary of the Commencement Date by an amount equal to the greater of three percent (3%) or the percentage increase in the CPI over the CPI for the month 12 months prior to the adjustment date. "CPI" means the Consumer Price Index for All Urban Consumers, U S City Average, All Items, issued by the Bureau of Labor Statistics for the United States Department of Labor (1982-84 = 100). If the CPI is converted to a different standard reference base or otherwise revised, the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the Bureau of Labor Statistics. 3. Tenant Improvements, Plans Bonds. All terms in Section 5 of the Lease regarding Tenant Improvements shall remain in full force and effect, except as provided below: a. Section 5.a.1. of the Lease shall be amended as follows: Tenant may improve the Premises by constructing wireless communications antennas on an existing Puget Sound Energy pole, and constructing related wireless communications ground equipment, support structures and cables. Tenant is required, as part of this Lease, to complete all the items listed in Exhibit D. Tenant is responsible to provide all labor, materials, and equipment for the items listed in Exhibit D. Prior to commencing construction on any improvements, Tenant shall provide Landlord with forty-eight (48) hours' notice. Consent by Landlord is not required, provided improvements are only constructed within the Premises, and that all necessary permits have been properly issued. Tenant shall provide Landlord with a copy of all plans and specifications drawn to scale for all improvements no later than sixty (60) days after construction of improvements is complete. The waiver of consent does not apply to the City of Kent acting as a governmental entity issuing permits and other approvals for the work Tenant is requesting to perform, whose schedule is governed by applicable law. ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 2 6 6 b. Section 5.a.4. of the Lease shall be amended as follows: Improvements or modifications are subject to the conditions set forth in section a.(I), (2) and (3) above. 4. Certification. Tenant hereby certifies to Landlord that the Lease is in full force and effect and that there are no uncured defaults on the part of the Landlord under the Lease. 5. General Terms & Conditions. (a) Except as amended by this Addendum Two, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Addendum Two. (b) In case of any inconsistencies between the terms and conditions contained in the Lease and the terms and conditions contained in this Addendum Two, the terms and conditions herein will control. (c) This Addendum Two may be executed in duplicate counterparts, each of which will be deemed an original. (d) Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Addendum Two. IN WITNESS WHEREOF, the parties hereto have executed this Addendum Two, which shall take effect on the last date signed below. LANDLORD: TENANT: CITY OF KENT NEW CINGULAR WIRELESS PCS, LLC A Delaware limited liability company By: AT&T Mobility Corporation Its: MM By: By: Print Name: Print Namperf Roper Its: Its: ngMeering- PNW Date: Date: i ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 3 7 7 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2013, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the CITY OF KENT as its and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires i ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 4 8 8 STATE OF OREGON ) ss. COUNTY OF WASHINGTON) I hereby certify that on the I Z day of��A�LA Cn/J�' 2013, I know or have satisfactory evidence that 2s%i L-)DPA, is the person who appeared before me, and said person acknowledged that he sh igned this instrument, on oath stated that he/ 7e is authorized to execute the instrument on behalf of AT&T Mobility Corporation, Manager of NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, as its ArmB Ma-o-IAA,e — , and such execution to be the free and voluntary act of such party for th47uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above writt n. &a n OFFICIAL SEAL .KATHERINE E ETZEL NOTARY PUBLIC-OREGON— 1 °lArI✓1 ze'` COMMISSION NO 475698 TARY PUBLIC, in and for the State of Oregon MY COMMISSION EXPIRES FEBRUMY14,2l) iding at -TC 1ow,At My appointment expires Zj !4-1/7 P:\Civil\Flies\Open Files\0863-CellTowerLeases\Cingular\Cingular-LakeFenwick-AddendumTwo.doc 1 ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK - Page 5 KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: October 1, 2013 SUBJECT: Desimone Levee Interlocal Agreement with Tukwila - Authorize MOTION: Authorize the Mayor to sign an Interlocal Agreement between the City of Kent and the City of Tukwila for improvements to and FEMA accreditation of the Desimone Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: The State of Washington included in its 2011-2013 biennial budget a $7 million grant for the Briscoe/Desimone Levee. Funding was directed to the King County Flood Control District and is intended to pay for improvements to the levees needed for FEMA accreditation as well as the accreditation process itself. On February 26, 2013, the King County Flood Control District Board of Supervisors passed a resolution to execute a grant agreement with the state for the $7 million and pledged additional Flood Control District funding for this project. On June 6, 2013, the City of Kent and the Flood Control District executed an interlocal agreement for use of the state funds and provided an additional $11 million in Flood Control District funds for this project. The Desimone Levee lies entirely within the city limits of Tukwila and our consultants have identified a segment of this levee as not meeting the Federal Emergency Management Agency's accreditation standards. A failure of this levee segment would result in inundation of parts of Tukwila and the north area of Kent. This interlocal agreement describes the requirements of the City of Kent and the City of Tukwila with respect to design, permitting, and construction of the Desimone Levee repairs. EXHIBITS: Interlocal Agreement with Tukwila with Exhibits RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This work will be funded from the $7,000,000 state grant and the $11,000,000 in King County Flood Control District funds. DEPARTMENT OF ECOLOGY State of Washington Ecology Grant Agreement No. G1300118 between the State of Washington Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements THIS is a binding agreement entered into by and between the State of Washington, Department of Ecology, (PO Box 47600, Olympia, Washington, 98504-7600) hereinafter referred to as the "DEPARTMENT" or as "ECOLOGY' and the King County Flood Control Zone District, hereinafter referred to as the "RECIPIENT"to carry out the activities described herein as authorized by the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget. Recipient Name: King County Flood Control Zone District Water and Land Resources Division 201 South Jackson, Suite 600 Seattle, WA 98104-3855 Recipient Project Coordinator: Jennifer Rice Telephone Number: 206-263-0153 e-mail address: Lennifer.RiceKirggggnty.caov Fiscal Contact for Recipient: Katrina Johnston Telephone: 206-296-1963 e-mail address: Katrina.Johnsto>n Kingcounty.gov_ Payee on Warrant: King County Flood Control Zone District (address as above) Project Officer for the Department: David Radabaugh SEA Program— NWRO WA State Department of Ecology 3190 — 160'h Avenue SE, Bellevue, WA 98008-5452 Telephone Number: 425-649-4260 e-mail address: david.radabaugb@gcywa.gov wa.gov The source of funds provided by the DEPARTMENT are from the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget to improve the Green River Briscoe/ Desimone Levee. Maximum Eligible 100% State Project Cost: $7,000,000 State Maximum Cost Share Rate: 100% UP TO a maximum State Share of$7,000,000". This agreement is effective from January 1, 2013 through June 30, 2016. Page 1 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Scope of Work Project Title: Briscoe-Desimone Levee Improvements Description: The project involves improvements to the Briscoe and Desimone levees which are on the right(eastern) bank of the Green River between River Miles (RM) 14.3-17,00 in the cities of Kent and Tukwila. The Briscoe and Desimone levees are aging earthen levees with over-steepened slopes,a levee crest less than 12 feet wide, and toe scour protection that is generally missing or inadequate. The adjoining river channel lacks adequate in-stream and aquatic edge habitat structure, such as deep pools, large woody debris, and overhanging cover. While originally built to provide flood risk reduction to farmland in the Kent Valley, these aging levees now protect$2.8 billion worth of urban structures and contents. A levee breach or overtopping in this location would have serious implications including threats to public safety, damage to public infrastructure, impacts on the regional economy, and damage to private structures (including homes and businesses). Single-flood damage estimates for a failure of containment by these levees exceed $830 million. The economic disruption to the valley would be measured in years. Businesses with expensive and difficult to relocate or replace industrial machinery are particularly at risk. Because of these significant risks, improvements to this levee segment are a very high priority to the City of Kent and the King County Flood Control District. Work: The scope of this grant agreement focuses on the portion of the levee segment that is between River Mile 15.98 and 16.36. The Recipient shall perform the following work: Scope of Work Task 1: Project Coordination and Administration The Recipient will coordinate throughout the grant period with Ecology and other federal, state, local agencies, and Indian tribes. In its commitment to provide technical assistance throughout the grant period, Ecology will meet with the jurisdiction to present and discuss approaches to floodplain construction issues before work begins. This Task also covers expenses for the recipient to administer the grant including, but not limited to: contract monitoring; coordinating with the Corps of Engineers, FEMA, the City of Kent, and other parties; internal staff reviews; construction engineering management; etc. Cost: $500,000 State contribution: $500,000 Page 2 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Deliverable: Progress Reports are due quarterly for both years per the matrix that follows; see Special Terms and Conditions, Paragraph 9 for details on progress reporting and page 5 for invoicing information. NOW,•,� R 'oit, a M_ *14% First Quarter Jul 1 —September 30 October 30 Second Quarter October 1 — December 31 January 30 Third Quarter January 1 — March 31 Aril 30 Fourth Quarter Aril 1 —June 30 July 30 Task 2: Right of Way (ROW) Plans and Property Acquisitions Acquire ROW necessary for project, including 15 foot maintenance easement on the landward side of the constructed flood wall. All properties acquired will be used to enhance the levee system or used in perpetuity for open space purposes only. Restrictions from future development will be placed on the deeds and will be recorded on the titles. See Exhibit C for the restrictive covenant and related documents which shall become part of the acquisition. Ecology shall be in receipt of complete documentation before payment is released for the acquisition. Cost: $400,000 State contribution: $ 0 Deliverable: (Two copies) Acquisition Report to include but not limited to: 1. A map showing the location of properties purchased; 2. List of properties with names /addresses acquired 3. Right of Way plans 4. Acquisition documents for each property including: a. Title Reports b. Appraisals c. Appraisal Reviews d. Environmental Assessments e. Clean Site Certifications f. Closing Statements g. Offer Letters h. Recorded Deeds and Easements with title restrictions in a form approved by Ecology. i. (Digital) photographic documentation of project properties before and after project implementation in sufficient quantity/quality to effectively illustrate project progress/demolition work. Date Due: June 30, 2014 Page 3 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Task 3: Design Plans The Recipient will prepare a detailed set of design plans for construction of an I-beam flood wall that will meet or exceed FEMA accreditation requirements. Cost: $875,000 State contribution: $875,000 Deliverable: (Two copies) Design Plans, signed and sealed by an engineer licensed in the State of Washington and meeting FEMA accreditation requirements.-. Date Due: June 30, 2014 Task 4: Project Permits The Recipient will acquire all permits and approvals necessary for project completion in a timely manner and in accordance with the schedule below. This task includes obtaining required federal, state, and local project permits and approvals, as well as preparation of all necessary technical studies, engineering studies, and habitat assessments. If a Letter of Map Revision (LOMR) is necessary, then the Conditional LOMR process shall be utilized. Permit Schedule The following permits have been, or will be, obtained. Work Dates Permit Activity Start End SEPA 2/2013 5/2013 NPDES Construction —Wash. Dept. of Ecology 3/2013 5/2013 Hydraulic Project Approval—WDF&W, if required 3/2013 5/2013 Shoreline Substantial Development 2/2013 6/2013 Shoreline Conditional Use Permit, if required 2/2013 6/2013 Flood Zone Permit, if required 3/2013 5/2013 Other, if required Cost: $25,000 State Contribution $25,000 Deliverable: (Two copies) All Permits Date Due: June 30, 2013 Page 4 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Task 5: Construction Project construction will be conducted in accordance with approved plans, specifications, permits, and generally accepted engineering practices. A contractor will be hired to construct the floodwall to meet or exceed FEMA standards for 100 year flood levee certification. Cost: $5,700,000 State contribution: $ 5,600,000 Deliverables: • Two copies: As-built drawings, signed and sealed by a professional engineer licensed in the State of Washington. • Two copies: Final project summary report, signed by the Project Engineer declaring that the project was, to the best of his/her knowledge, constructed and completed in accordance with the construction plans and specifications and generally accepted engineering/construction practice. • Two sets: Digital photographic documentation of the project before and after construction in sufficient quantity to effectively illustrate important phases of construction and project progress. Date Due: June 30, 2015 Budget Budget Conditions 1. Project Administration: For the administration of this agreement the RECIPIENT must follow the current edition of the Administrative Requirements for Ecology Grants and Loans (Yellow Book). 2. Invoicing: • Grants are awarded on a reimbursable basis. The Recipient initially pays project costs in full. Upon presentation of an invoice to Ecology, Ecology's share of the project is reimbursed to the Recipient. • Expenditures will be monitored by the Ecology Fiscal Office for compliance with the budget (see below). Budget deviations are allowed between tasks (e.g., a grantee may spend less money on one task and more on another), but in no circumstances may the state share of the project cost be exceeded without a prior written amendment When submitting invoices to Ecology, the RECIPIENT shall itemize all costs by task and provide subtotals by task on Ecology's Form C2, Voucher Support Form. All payment requests must have forms A, B, C (and D if applicable), be accompanied by supporting invoicing documents a commensurate progress Page 5 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements report, and receive Ecology Project Officer approval before payment can be released. NOTE: For payment requests, the RECIPIENT must use the Ecology forms contained in the Yellow Book. Otherwise, Ecology will return requests to the RECIPIENT for submittal on the correct forms. • Forms - http:/Iwww.ecy.wa.gov/biblio/9118A.httnl • Yellow Book- http://wwW.gcy wa.goy/Io blio/9118.html ® The RECIPIENT must maintain complete backup documents including but not limited to all invoiced costs and time sheets- signed and dated by employee and supervisor. The RECIPIENT must keep these expenses in grant files according to budget task for a period of three years after project completion and make them available at any time for inspection by the DEPARTMENT. ® Requests for reimbursement must be submitted at least quarterly but not more than once per month by the RECIPIENT on state invoice voucher forms. Financial reports will be submitted 45 days after the quarter closes. The indirect rate must not exceed 25 percent of direct (staff) labor and benefit costs. This rate covers space utilities, miscellaneous copying, telephone, motor pool,janitorial services, records storage, rental, county fiscal and legal services, etc. Items not included in. this list must be reported with the first payment request and must remain consistent for the life of the grant. ® Right to Audit: The Recipient agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit ex- amination not to constitute allowable costs under this grant. The Recipient shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under completed or terminated grants.. ® Final payment of grant projects is contingent on receipt of viable deliverables as listed in this grant agreement. A final invoice will be submitted 45 days after the final quarter of the grant agreement. 2. Budget (for RECIPIENT reporting and Ecology tracking purposes): The source of funds provided by the DEPARTMENT are from the 2011-2013 Washington State Legislature, SB 6074, §3009 Capital Budget. State Funding is as follows: Maximum Eligible 100% State Project Cost: $7,000,000 Estimated Costs Work Item State Cost KCFCZD Total Cost Cost Task 1 Project Coordination &Administration $500,000 0 $500,000 Task 2 Right-of-way Plans & Property Acquisition 0 $400,000 $400,000 Task 3 Design Plans 875,000 0 $875,000 Task Project Permits 25,000 0 $25,000 Task 5 Construction 5,600,000 100,000 $5,700,000 TOTAL PROJECT COST ' $7,000,000 $600,000 $7,600,000 Page 6 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Special Terms and Conditions AGREEMENT PROVISIONS 1. Compliance with all Laws: The Recipient shall comply fully with all applicable federal, state and local laws, orders, regulations and permits. 2. Restrictions on Lobbying: The Recipient of this agreement Is prohibited from using funds provided by this agreement for lobbying purposes in accordance with the Administrative Requirements for Ecology Grants and Loans, Publication No. 91-18, current edition, Part III, Section G. 3. Local Decision: This grant is made in response to a request for financial assistance from the Recipient to undertake flood damage prevention projects. The choice of floodplain management activities addressed by this grant is a local decision made solely by the Recipient. The Recipient is not acting as an agent of the State. 4. Lawsuits: The Department shall not be responsible for any non-contractual damage or inverse condemnation claims resulting from the structures or works constructed, repaired, restored, maintained, or improved pursuant to this grant. 5. Indemnification, Hold Harmless and Duty to Defend a. The Department shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the scope of work. b. This paragraph applies to negligence based claims only. All other claims are governed by paragraph 4 of this section. To the extent the constitution and laws of the State of Washington permit, Recipient shall indemnify, defend and hold harmless the State, its agencies, officers and employees, from all claims, suits or actions brought for any or all injuries to persons or property arising from, or as a consequence of, negligent acts or omissions related to the construction, restoration, repair, maintenance, improvement or operation of the structures or works for which this grant is provided. If the structures or works for which this grant is received are a portion of an integrated flood protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that this provision is not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor is it intended to, and it shall not be construed to, confer any rights upon third parties. The Recipient will not be required to indemnify, defend, or save harmless the State, its agencies, officers or employees as provided in the preceding paragraph of this section if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the State. Where such claims, suits, or actions result from the Page 7 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements concurrent negligence of(a) the State, or the State's agents or employees and (b) the Recipient or the Recipient's agents or employees, the indemnity provisions provided in the preceding paragraphs of this section shall be valid and enforceable only to the extent of the Recipient's negligence or the negligence of its agents and employees. C. To the extent that the constitution and laws of the State of Washington permit, Recipient shall indemnify and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the continued operation, maintenance, or repair of the structures or works constructed, restored, repaired, maintained or improved as a result of this grant. If the structures or works for which this grant is received are portions of an integrated flood protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that the indemnity provisions of this paragraph are not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor are they intended to, and they shall not be construed to, confer any rights upon third parties. This agreement applies to all non-negligent, non-contractually based claims including, but not limited to, inverse condemnation, contribution, indemnification, trespass and/or nuisance. 6. Quality Assurance Project Plans (QAPP): IF this project involves the collection of environmental measurement data, the Recipient needs to prepare a QAPP to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating this data. The plan shall be conducted in accordance with the DEPARTMENT'S Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , current edition, (Ecology Publication No. 04- 03-030) available at hftp://www.ecy.wa.gov/biblio/0403030,html The plan must describe the monitoring and data quality objectives, procedures, and methodologies which will be used to ensure that all environmental data generated will meet these requirements. The size and complexity of the plan should be cost effective and in proportion to the magnitude of the sampling effort. In developing the plan, the RECIPIENT may also reference Ecology's Technical Guidance for Assessing the Quality of Aquatic Environments, February 1994 (Ecology Publication No. 91-78), available at http://www.ecy.wa.goy/biblio/9178.html. The QAPP report shall be limited to a concise description of the environmental measurement aspects of this project. Ecology's Project Officer shall review and approve this plan prior to initiation of work. The QAPP plan may describe the following elements: ■ Assumptions that direct the collection and analysis; ■ Resources used (such as flights for aerial photos); ■ Resource documents that will be consulted; ■ Field methods employed; ■ Office methods employed; ■ Training level of staff involved in data collection and analysis; ■ Equipment/materials to be used and accurate calibration assurance. 7. Coordination with Ecology's Geographical Information System (GIS): IF this project involves developing GIS data, the Recipient shall coordinate with Ecology's GIS office Page 8 of 24 Flood Agreement No. G130011 S between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements in an effort to promote compatibility and to encourage sharing of geospatial data.To facilitate data sharing, the Department utilizes the following standards: ESRI's ARC/INFO m Current version ESRI's ArcView Current Version Horizontal Datum NAD 83 HARN Vertical Datum NGVD 88 Projection System Lambert Conic Conformal Coordinate System WA State Plane Coordinates Coordinate Zone South Coordinate Units Feet Accuracy Standard +/-40 Feet(1:24,000) minimum accuracy to within a foot of the true North American datums stem Vector Import Format ArcExport, DLG and/or DXF, shapefiles Raster Import Format TIFF, BIL/BIP, RLC,GRID,ERDAS, SID Whenever possible, the Recipient is encouraged to utilize the standards listed above when compiling data. To discuss the usage of other standards, please contact Jerry Franklin at 360 407-7470; Fax: 360 407-6902; E-Mail:jfra461@ecy.wa.gov or Dan Saul at 360-407-6419; E-Mail: dsau461()ecy.wa.gov for further data sharing and compatibility information. The RECIPIENT shall submit copies to Ecology's Project Officer with complete documentation as it relates to all digital data, GIS coverages, shape files, related tables and map products. 8. Responsibilities of the Project Coordinator: The Recipient's Project Coordinator shall be responsible for the procedural obligations under this agreement in addition to his/her duty to coordinate the planning effort hereunder. He/She shall cooperate with all parties concerned in every way possible to promote successful completion of the services described in the Scope of Work. 9. Quarterly Reporting Quarterly Reports are contingent on the effective date of the agreement. For timely preparation and review, quarterly reports shall convey essential information in a simple, concise manner through the use of bulleted summary statements, lists, and tables and include the following: a. A comparison of actual accomplishments to the objectives established for the reporting period including a description of issues on fisheries resources; b. For any work related to GIS, designate data standard utilized and associated data documentation. c. Status of project schedule d. Personnel changes e. Any difficulties encountered during the quarter. f. Environmental benefits being achieved by the project Page 9 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Reporting Periods for each year of the agreement dependent on the start date: a� First Quarter (Year 1) Jul 1 —September 30 October 30 Second Quarter October 1 — December 31 Jan 30 Third Quarter Year 2 January1 — March 31 A ril 30 Fourth Quarter Aril 1 —June 30 Jul 30 For Report Contents and Ecology's form: Please visit our website at: hftp://www.ecy.wa.gov/progra m s/sea/grants/flooddamageprevention County or City Name Grant No.G+300_ 10. Identification of Project Materials -All reports, maps, and other documents published as part of this grant agreement shall carry the name of the RECIPIENT, Ecology's grant number (in the upper right hand corner), title, the specific task number of the Project Title product and centered on e front cover or e e or in Task Title pd d date td the t titla page( Task Number the case of maps, the block which contains the name of the Date Government unit or Department). 11. Format for Publications and Brochures: Any (hard copy) publications or brochures required as a product of this agreement shall conform to minimum standards of size, 8-1/2" x 11"white, recycled paper equivalent in weight to 20 lb. bond, single spaced, printed both sides, no less than 1" margins. Photos, illustrations, and graphs must be of reproducible quality. Any publications or brochures intended for public distribution shall comply with graphic requirements as specified in Ecology's "Publications Handbook", publication number 91-41 and any additional specifications as may be outlined in the Scope of Work. 12. Amendments: A 'letter" amendment is a written request by the Recipient to extend the project completion and expiration dates provided that is allowed by the grant program . On the approval of Ecology's project officer, the request is then forwarded to the Ecology Budget and Fiscal Offices for processing. A formal amendment is required for a significant change to the scope of work or an increase to the total eligible project cost and is signed by both parties. 13. Minority And Women's Business (MWBE) Participation: The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women-owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10% MBE 6%WBE Architecture/Engineering 10% MBE 6%WBE Page 10 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe t Desimone Levee Improvements Purchased Goods 8% MBE 4%WBE Purchased Services 10% MBE 4%WBE Professional Services 10% MBE 40/oWBE Meeting these goals is voluntary and no contract award or rejection shall be made based on achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: a. Include qualified minority and women's businesses on solicitation lists. b. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: f. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. g. The total dollar amount paid to qualified firms under this invoice. 14. Right to Audit: The Recipient agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit examination not to constitute allowable costs under this grant. The Recipient shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under com- pleted or terminated grants. 15. Grant Closeout: The end date for this project is June 30, 2015. A grace period of 45 days for all deliverables and invoice vouchers is allowed as stipulated in the scope of work or by the State Office of Financial Management(OFM) through Ecology's Fiscal Office. 16. All Writings Contained Herein: This agreement, the appended "General Terms and Conditions", and the Department's current edition of"Administrative Requirements for Ecology Grants and Loans" contain the entire understanding between the parties, and there are no other understandings or representations except those set forth or incorporated by reference herein. No subsequent modification(s) or amendments to this Page 11 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement; EXCEPT a letter amendment will suffice to extend the period of performance as set forth on the page 1 of this grant agreement. IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement: State of Washington Department of Ecology King CountyFlood Control Zone District Gordon White Date Signature, Authorized Official Date Program Manager Shorelands and Environmental Assistance Programme L�t�r� iTy Print NaYne of Authorized Official Approved as to form only by Title of Authorized Official The Assistant Attorney General (Note: Insert additional signature blocks(s) and/or pages if more than one signature block is required) Page 12 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Appendix A: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE ° The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws,regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. Page 13 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A- 133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. Page 14 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/ Desimone Levee Improvements The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.S. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grantfloan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state Page 15 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph KA above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s)to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement, Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing Page 16 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www,ecy.wa.gov/sustainability. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Page 17 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the"Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 04104 Page 18 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe!Desimone Levee Improvements Appendix B: Site Map - Detail r� Tulr -' " ry, Bnscoa-Dosimcne Levee hnprovement.I Project Area J! �I ff x= tLettt F ItlIb�K�.utlauRty .x {{dddd 9 . ...,.btl2M 31 < N y Page 19 of 24 # a , r m z 4 _ g � # a ' 17 - — is IT ' _ W— "; Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Appendix C: Restrictive Covenant Boilerplate for the Green River Levees Restrictive covenant for the City of Tax Lot# Upon recording return to: Project Manager: Department: City: Address: Restrictive Covenants Notice is hereby given that the property acquisition, hereinafter referred to as the " " property, more particularly described in Exhibit "A," is subject to the use restrictions listed below. The purpose of these restrictions is to prevent this land from future development and to ensure that the property will be used to enhance the Green River Levee system in perpetuity while allowing public access. These restrictions are a condition of the grant funding appropriated by the Department of Ecology as authorized by the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget to improve the Green River Briscoe / Desimone Levee that protects communities in the Lower Green River Valley from flooding and are enforceable by Ecology. Uses of the property are restricted as set forth below. These restrictions and obligations are intended to run with the land and shall be binding on the city of , its heirs, successors, and assigns: 1) Enhancing the Green River Levee to protect the Lower Green River Valley from flooding; 2) Maintaining vegetation and providing new native vegetation as necessary to prevent levee erosion and to manage the growth of non-native exotic species (such as Reed Canary grass, purple loosestrife, etc.); 3) Allowing for inspection, maintenance, repair, and necessary reconstruction of the levees; 4) Allowing for levee access ; 5) Maintaining and improving the levee system for the enhancement of fish and wildlife habitat; 6) Providing for open space as deemed appropriate; and 7) Restricting acquisition areas from future development other than required for levee improvements. Legal Description of Acquisition Area, is attached as Exhibit "A" Page 21 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe!Desimone Levee Improvements In witness whereof, the City of has executed this document this day of 20_, at (city), Washington. CITY OF Signature, Authorized Official Print Name of Authorized Official Title of Authorized Official STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that _(name) is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Page 22 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Restrictive Covenants Exhibit A: Legal Description of Acquisition Area Page 23 of 24 06 0OL / \ § ko a r§ @ j kk 2 \ § # - o « 7cnf - w — | | _ % . % k kk § / 2 k J k ! ƒ 2 § ® /) c § ! Er £ f ! k o E _ k ! ■ )J ! A ) \ o f 2 )) ) ° ;CY - ° dal ` \ 2 � k 0 2 LP \ E § L — mm § � ) � ) k§ k ° ® ! o « £; k3 / f , < . ƒ) Zf 0 k ƒ/ 2 ! AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE Briscoe—Desimone Levee River Mile 14.3 to 17.0, Right Bank THIS AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE ("Agreement") of the Briscoe—Desimone Levee, River Mile 14.3 to 17.0, Right Bank ("Levee") is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation (`City"), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal corporation of the State of Washington(`District") (collectively,the "Parties"). RECITALS A. King County, Washington, through the Water and Land Resources Division of the King County Department of Natural Resources and Parks ("WLRD"), as service provider to the District pursuant to an interlocal agreement with the District, operates and maintains a major portion of the Green River Levee System. B. The Briscoe-Desimone levee (`Levee") is a key part of the Green River levee system. The District Board of Supervisors desires to improve the Levee by constructing new floodwalls at four sites, known as Reaches 1, 2, 3 and 4, described and shown in Exhibit A (Sheet 1 of 4 and Sheet 3 of 4). The four floodwall projects will hereafter be referred to individually as "Reach "X" Project" or "Reach Project," and collectively as "Levee Project," "Levee Reaches," or "Reach Projects." The Levee Project is planned for construction from 2013 through 2015. The Reach 3 Project will be constructed first, beginning in 2013. C. Based on a collaborative effort, presentation and request to the State Legislature in the 2012 Legislative Session, the Legislature passed ESHB 6074 relating to the 2011=2013 State Capital Budget. Section 3009 of ESHB 6074 appropriated $7,000,000 to the District for the "Briscoe-Desimone levee improvement project". This amount was based on the City's estimated cost to construct the Reach 3 Project in order to meet National Flood Insurance Program accreditation standards, and allow the Federal Emergency Management Agcncy ("FEMA") to verify compliance with such accreditation standards. Unless the State Legislature reappropriates fire funds into the 2013-2015 biennium, the appropriation will need to be expended prior to June 30, 2013 D. Using ESHB 6074 funds, the District desires to authorize and the City desires to construct the Reach 3 Project as soon as possible, in order to provide for the safety of the residents and businesses that will be protected by this levee. 1 EC approved (RB-RIO E. By Resolution FCD2013-06, adopted on April 29, 2013, the District Board of Supervisors authorized the Chair of the Board to enter into a Grant Agreement (No. 01300118) with the state Department of Ecology relating to the use of the $7,000,000 for the Reach 3 Project ("DOE Agreement'). The DOE Agreement estimates that the cost of the Reach 3 Project will be $7,500,000, with a maximum grant amount of $7,000,000 and a maximum District contribution of$500,000. F. By Resolution FCD2013-02.2, adopted on February 26, 2013, the District Board of Supervisors declared its intent to address urgent flood risk reduction needs throughout King Comity and to work cooperatively with Green River cities to manage flood plain resources. In this Resolution, the District Board of Supervisors also approved funding for the Levee Project under certain conditions and requirements to be satisfied by both the City and the District G. In Resolution FCD2013-02.2, the District Board of Supervisors did not specify a maximum funding for the Levee Project. During the District Board of Supervisors' discussions of this Resolution, the City stated that the estimated cost of the Levee Project would be $17,000,000. The District Board of Supervisors required changes to the design of the Levee Project floodwalls and called for additional setbacks for the Reach 1 levee. The City also stated that the required design change would add an additional $1,000,000 to the Reach 1 Project cost, resulting in a total cost of$18.000,000 for the Levee Project. H. After adoption of Resolution FCD2013-02.2, the City revised its estimate for construction of the Levee Project to $18,500,000. The District has not reviewed or analyzed this City estimate. � I. The Parties desire to enter into this Agreement to establish the terms and conditions for the Levee Project, and for all four Reach Projects. J. By Motion FCD11-02.1, adopted on July 6, 2011, the District Board of Supervisors adopted certain levee maintenance and repair standards and requirements and addressed countywide flood protection levels, levee accreditation and certification. This Motion is applicable to the Levee Project, to the extent that the Motion is consistent with Resolution FCD2013-02.2. AGIZF,F,ATF NT Based upon the lbreguin,g, the Parlies agree as ollows. 1. Incorporation of Recitals—Scope of Apreenient. All recitals above are hereby incorporated and ratified as part of this Agreement. This Agreement establishes the terms and conditions for design; construction, installation, operation, maintenance and repair of improvements to the Levee and its four Reaches; as those terms are defined in the recitals above. 2 EC approved (RG-RK) 2. Definition of District. Unless provided otherwise in this Agreement, the term "District" hereinafter also shall include WLRD in its capacity as service provider to the District. 3. Interlocal Agreement with Tukwila. The City of Dent shall enter into an agreement with the City of Tukwila to act as lead agency for all work within the City of Tukwila. 4. Levee Design, Construction and Reimbursement. a. The City shall design, construct and install the improvements to the Levee Project and the four Reach Projects described and depicted on Exhibit A,. attached hereto and incorporated herein by reference in accordance with this Agreement, the DOE Agreement", and District Resolution FCD2013-02.2 ("Resolution") (the Resolution is attached as Exhibit B, which is incorporated herein by reference), as supplemented by the terms and conditions of Attachment A to Exhibit B, attached hereto and incorporated herein by reference. By executing this Agreement,the Parties acknowledge receipt and review of the DOE Agreement. b. The City shall obtain and be responsible for all necessary local, state, and federal permits and approvals for the Levee Project, and shall fully comply with all applicable requirements and conditions thereof. C. The Parties acknowledge and understand that at the effective date of this Agreement, most but not all of the estimated cost of the Levee Project is included in the District's 2013-2018 Six-Year CIP, most but not all of the estimated cost of the Reach 3 Project is included in the District's 2013 Budget, and the estimated cost of the Reach 1, 2 and 4 Projects is anticipated to be included in the District's budgets for 2014 and thereafter. The District's obligation and responsibility to provide funding for the Levee Project, including all four Reach Projects, is conditioned upon appropriation by the District Board of Supervisors of sufficient funds to finance the Levee Project and the four Reach Projects, including the Reach 3 Project in the 2013 and 2014 calendar years. Tf the District Board of Supervisors fails to appropriate expenditures in a District budget to reimburse the City for costs and expenses related to the Levee Project or any of the four Reach Projects, the District reserves the right to terminate this Agreement, and the City shall immediately terminate work on any and all Reach Projects; provided, that until substantial completion of a Reach Project, the District shall continue to accept and review City requests for reimbursement up to the amount of fiords appropriated in an approved District budget and sell available for reimbursement tinder the DOE Agrecincnt or this Agreement. d. The. City's cost and expense for the Levee Project improvements shall be reimbursed pursuant to the procedures; requirements and restrictions of paragraph 13 below. e. The City shall obtain and convey to the District or Ding County any necessary easements for design or construction of or access to the Levee in the form of the standard River Protection Easement in Reference 8=P to the Ting County Surface Water Design Manual. These 3 EC approved (RB-RK) easements shall include all of the improvements designed and built under this Agreement; all areas necessary for any temporary erosion control measures; a 15-foot maintenance/inspection corridor along the landward side of these areas; and suitable access for heavy equipment to reach all of these areas from the public roadways. All of the easements required for construction of any floodwall segment in Reaches 1 through 4 must be approved, accepted and recorded by the District before commencement of construction of such floodwall segment. The City also shall obtain and convey to the District or King County all restrictive covenants as required by the DOE Agreement for the Reach 3 Project, and as required by other state of Washington Department of Ecology agreements that provide funding for the other Reach Projects. 5. Levee Maintenance, Operation and Repair Standards. The District shall operate, maintain and repair the Levees in accordance with this Agreement, which includes Exhibit C, attached hereto and incorporated herein by reference, and with District general standards, requirements and policies for operation, maintenance and repair of Green River levees, as these are determined and applied by the District, provided that: a. The District shall not be obligated to operate, maintain and repair a Levee if FEMA does not approve a risk-based approach to operation, maintenance and repair of the Levee; and b. If the total cost of Levee operation, repair, and maintenance in the project area shown on Exhibit A exceeds the sum of average annual costs for the Green River levee system over the number of years this agreement has been effective, the City shall cover all costs and expenses in excess of the average. For this purpose, the average annual cost is $95,000 per levee . mile per year in 2013, to be adjusted for inflation each year thereafter. The District will provide the City with an annual report of operation, repair, and maintenance costs incurred in the project area. 6. District Review of Levee Plans and CLOMR Applications. The City shall provide to the District a schedule of the material and significant events and actions for design and bidding of each Reach Project, which events and actions shall include, but not be limited to, three design stages and the invitation to bid. The City shall submit plans and specifications for each of these three design stages to the District for review and comment. For all Levee Reaches, at least thirty (30) days before advertising an invitation to bid, the City shall submit to the District for review and comment the plans, specifications and requirements of the invitation to bid and the application (with attacients and exhibits) for a FEMA Conditional Letter of Map Re-visiou ("CLOMR"). The District shall submit any comments within thirty (30) days of receipt of the documents. 7. Additional Activities. The District will provide enhanced monitoring of the Levee through slope stability instrumentation, and the District may seek reimbursement of the cost of such monitoring from State of Washington funding. a 6C approved (RB-RIO 8. District Inspections. The District shall have the right to inspect the City's construction of the Levee Project. 9. Contracts for Levee Work. Upon execution of a contract for construction of a Reach Project, the City shall send a copy of the contract to the District. 10. Record Drawings; Retention and Review of Documents. The City shall submit to the District record drawings for each Reach Project, in a form and with detail required by the District. The City agrees to maintain documentation of all planning, design, constriction and inspection of all Reach Projects sufficient to meet state audit standards for a capital project, recognizing that the costs of the Levee work are paid for in whole or in part by City, District and State of Washington funding sources, and that the City, the District and/or King County may seek recovery of costs expended from other governmental funding sources. The City agrees to maintain any additional documentation that is requested by the District. City contracts and internal documents shall be made available to the District for review and/or independent audit upon request. 11. Access; Special Use Permit. To the extent that the District's or King County's property interests require and allow, the City shall follow the District and/or King County processes for obtaining, as applicable, special use permits, consistent with King County special use permit procedures and standards, and shall obtain such permits for any City access to and construction and inspection work on the Levee. The District shall waive any applicable bond requirements. If Levee Project work involves access to and use of real property for which neither the District nor King County has real property interests or rights, the City shall be responsible for obtaining real property rights sufficient for City access to and construction and inspection of such Levee Project work, and District and WLRD access to and maintenance, operation and repair of the Levee. 12, District Costs and Expenses. a. The total cost to the District of the four Reach Projects shall not exceed $11,000,000, of which the District's maximum contribution toward the Reach 3 Project shall be $500,000. b. For the Reach 3 Project, the District shall seek reimbursement from the. State of Washington funding under the- DOE Agreement or from the District's maxim rrn comuibmi.on of $'500,000 tov✓ard the beach 3 Project. The District reimbursement shall be for all actual costs and expenses incurred by ilre District as of January 1, 2013 to review Reach 3 Project design and construction documents and to inspect the Reach 3 Project work. c. for Reach Projects 1, 2 and 4, the District shall seek reimbursement from the District's maximum contribution of S10,500,000 toward Reach Projects 1, 2 and 4, for all actual 5 FC approved (R6-RK) costs and expenses incurred by the District as of January 1, 2013 to review Reach Projects 1, 2 and 4 design and construction documents and to inspect the Reach Project work d. For King County employees providing the services to the District described in subsections b and c above, the actual costs shall include salaries, employment benefits and administrative overhead. 13. Reimbursement of City Expenditures. a. No more than once a month, the City shall submit requests for reimbursement of City costs and expenses incurred on or after January 1, 2013 for design, right-of-way acquisition, construction and inspection of the Reach Projects. The requests shall be in a form and shall contain information and data as is required by the District. b. For the Reach 3 Project, the District shall review the requests to confirm that they are reimbursable and payable under the DOE Agreement and this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request. For reimbursement amounts approved by the District and paid for under the DOE Agreement, the District shall send a request for such reimbursable amounts to the appropriate State department for review and approval, up to a maximum of$7,000,000. Within thirty (30) days of receipt of State funds, the District shall forward the State funds to the City. For requests that are not reimbursable and payable under the DOE Agreement, the District shall endeavor to review such requests within thirty (30) days of receipt of the request, in order to determine whether they are reirnbtrrsable and payable under this Agreement. Any approved additional reimbursement shall not exceed a total of$500,000, less any funds paid to the District under this Section 13, without prior authorization from the District. If there are funds remaining from the DOE grant subsequent to construction, the District shall submit a request to DOE to utilize those funds on Reaches 1, 2, and/or 4. The District shall forward the approved reimbursement to the City within forty-five (45) days of the City request. G. For Reach Projects 1, 2 and 4, the District shall review the requests to determine whether they arc reimbursable and payable under this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request. Any approved reimbursement shall not exceed a total of$10,500,000, less any funds paid to the District under° Section 12.c., without prior authorization from the District, The District shall forward the approved reimbursement to the City within forty-five (45) days of receipt of the City request. d. The District may postpone review of a City request for reiiriburscmeni where all or any part of the request is inaccurate or incomplete. The District shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall provide the requested information or data within thirty (30) days of the request for such 6 EC approved (R6-RK) information or data. If the request is still inaccurate or incomplete in the opinion of the District, the dispute shall be resolved in accordance with paragraph 22 below. After resolution of the dispute, the District shall send a request for reimbursement to the appropriate State Department or provide reimbursement as provided in this section 13. 14. Levee Warranty. The City shall warrant the materials, work and function of a Reach Project for five (5) years after the City's acceptance of construction of the Reach Project. 15. Compliance with Laws and Regulations. The City shall be responsible for compliance with all applicable laws and regulations, and obtaining all required permits, approvals and licenses in connection with a Reach Project. 16. Impact on Other Reaches or Segments. The District and the City agree that the improvements to the Levee under this Agreement should not have a detrimental effect on other segments or reaches of the Cneen River levee system. The improvements to the Levee shall be deemed not to have such a detrimental effect where the improvements fully protect the conveyance capacity and storage volume of the floodplain during base flood (100-year flood) conditions, as demonstrated by compliance with King County flood hazard regulations, which are Sections 21 A.24.230 through 21A.24.260 of the King County Code. 17. Duration. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect for thirty(30) years from the effective date. 18. Third Parties. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability to the City, the District and/or King County, granted under state statute, including Chapters 86.12 and 86.15 RC W, or as otherwise granted or provided for by law. 19. Liens and Encumbrances. The City acknowledges and agrees that it will not cause or allow any lien or encumbrance arising from or related to the Levee work authorized by this Agreement to be placed upon the real property interests of King County and the District. if such lien or encumbrance is so placed, King County and the District shall have the right to remove such lien and charge back the costs of such removal to the City. 20. Indemnification. To the maximum extent permitter) by law, the City shall defend, indemnify and hold harmless the District and King County, and all of their officials, employees, principals and agents, from arty and all claims, demands, suits, actions, losses, costs, reasonable attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the design and construction of the improvements to the Levee under this Agreement. As to all other obligations udder this Agreement, to the maximurn extent perrniUcd by law, each Party shall d-efend, indemnify and 7 EC approved (RE-RI<) hold harmless the other Party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties. and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indenmifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the District or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party's obligation hereunder applies only to the extent of the negligence of such Parry or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. This waiver. has been mutually negotiated. 21. Insurance. Each Party recognizes that the other is self-insured and accepts such coverage for liability arising tinder this Agreement. Should any Party choose not to self-insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 22. Dispute Resolution, The Parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements or payments, as provided for in paragraph 13 above, submittal of all relevant information and data to an indep_endent Certified Public Accountant and/or a Construction Claims Consultant, if agreed upon by the Partics, for a non-binding opinion as to the responsibility. b. If the foregoing does not result in resolution and for all other disputes, the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for Icing County, Washington. G. Each Party will be responsible for its own costs and attorney's fees in connection with the dispute resolution provisions of this paragraph 22. O EC approved (PS-RK) 23. Entire Agreement; Amendment. This Agreement, together with its Exhibits A through D, represents a full recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. Should any conflict exist between the terms of this Agreement and the terms of the Exhibits, this Agreement shall control. 24. Binding Nature. The rights and duties contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns. 25. Notices, Communications and Documents. All communications and documents regarding this Agreement shall be sent to the Parties at the addresses listed below unless a Party gives notice of a change of address. 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 address state below or such other addresses as may be hereinafter specified in writing. 26. Authority. "The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. CITE' OF KEN T KTNTG COUNTY FLOOD CONTROL ZONE DISTT- 47T By: ?✓of G= By' c- S t Cooke '' Its y r r Its: Board Chair DATE: % ': DATE: APPROVED AS TO Fv? v1 APPROVED AS,T431':)1Z( ; � . , rr 'Cfly Attorney - ' Legal Counsel 9 ECappioved (RG RK) EXHIBIT A Sheet 1 of 4 Description of Briscoe-Desimone Levee Improvements The Briscoe-Desimone Levee is located along the right bank (easterly side) of the Green River between S. 2W' Street and S. 180th Street, (see Figure 1, Exhibit A Sheet 2 of 4). The Briscoe levee is located along the right bank of the Green River between S. 200«' Street and S. 189" Street within the City of Kent. The Desimone levee is located along the right bank of the Green River between S. 199" Street and S 1801h Street in the City of Tukwila. Together these levee segments are approximately 2.7 miles in length and protect properties within the cities of Kent, Tukwila and Renton. Tilt-up style buildings (manufacturing and industrial) are located adjacent to the entire stretch of levee. Four sections (reaches) of the levee, approximately 4,450 linear feet, don't meet slope and stability requirements and need repair to meet FEMA accreditation requirements. Reach 1 is located between RM 14.47 and 14.63 and totals 1,050 If. Reach 2 is located between RM 15.45 and 15.57 and totals 8501f. Reach 3 is between RM 15.98 and 16.36,totaling 2,350 If and Reach 4 is between RM 16.95 and 17.00 and totals 200 If. Reaches 1, 2 and 3 are on the outside of sharp bends in the river and Reach 4 is just north of the S. 200`h Sheet Bridge. Structural steel sheet pile walls are proposed to be installed at the back of the existing levee slope to act as a secondary levee to reduce flood risk to the cities of Kent, Tukwila and Renton and protect the large number of warehouses,manufacturing facilities and some retail establishments behind these levees. These areas are shown on Figure 2, Reach Location Map (see Exhibit A Sheet 3 of 4). In addition, large stumps and roots will be removed in areas between the four reaches along the levee where they could compromise levee stability and/or are in the construction project area. The walls will provide a minimum of 3 feet of freeboard above the predicted 100-year flood event, (see artist rendering Exhibit A Sheet 4 of 4). This proposal allows for some re-vegetation and habitat restoration work along the river between the ordinary high water line and the trail in areas where the wall is constructed. 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M ; ". _.... m� a ;'.. _ MEE e s offm N-Em ME :a1 MIN s ,.� e... _....,,_ .... ............ , EEEEEE Jm. ,,, KING COUNTY I'm King County courthouse 516 Third Avenue Snale,WA 9S 104 Signature Report King County February 26, 2013 FCD Resolution Proposed No.FCD2013-02.2 Sponsors 1 A RESOLUTION relating to the Briscoe-Desimone levee on the 2 Green River; initiating a comprehensive planning process and 3 providing funding for the Briscoe-Desimone levee project on 4 certain conditions. 5 WHEREAS,public safety is the highest priority for the allocation of King 6 County Flood Control Zone District ("District")funds; and 7 WHEREAS,the District seeks to address urgent flood risk reduction needs 2 throughout King County; and 9 WHEREAS,the Green River valley is home to over 100,000 jobs, contains one 10 of the largest warehouse and distribution complexes in the nation,has an annual payroll 11 of$2.8 billion (one-eighth of the gross domestic product of the state of Washington) and 12 accounts for annual taxable revenue of over$B billion; and 13 WHEPEAS, Policy G-13 of the 2006 King County Flood Hazard Management 1.4 Plan, which has been adopted by the District as its comprehensive plan("District's 15 Comprehensive Plan"), states that 1Zing County and the cities and Towns therein should 16 work cooperat vely to manage Roodplaiu resources; and 17 WHEREAS, Policy 6-9 of the District's Comprehensive Plan states that King IS County's rivers and tributaries and their associated Iloodplains should be managed for 19 multiple, and sometimes competing, uses and objectives; and 1 FCD Resolution 20 WHEREAS,the Briscoe-Desimone levee on the Green River is located between 21 South 180th Street and South 200th Street in the cities of Kent and Tukwila('Briscoe- 22 Desimonc Levee"); and 23 WHEREAS, in 2012 the Washington state legislature awarded to the District a 24 grant of$7 million for the Briscoe-Desimone Levee prgject; and 25 WHEREAS, the District hired an expert third patty("Third-Party Reviewer")to 26 review two alternative designs for the Briscoe-Desimone Levee improvements; and 27 WHEREAS,the Third-Party Reviewer has expertise in analyzing the stability of 28 I-walls and levees, and served on national independent review panels for levee failures in 29 the state of Louisiana following Hurricane Katrina and on review panels for the 30 Sacramento-San Joaquin Delta in California; and 31 WHEREAS, on January 29,2013,the Third-Party Reviewer submitted to the 32 Disn let a report of his analysis and findings, entitled 'Expert Engineering Independent 33 Third-Party Review,Briscoe-Desinone Levee Design, Green River Basin, State of 34 Washington" ("Report"); and 35 WFJE.RFA S, on January 23 and February 7,2013,the Third-Party Reviewer gave 36 a presentation of his analysis and findings to the District executive committee, which 37 considered the presentation,the Report and conunents front the public., including 38 comments by Icing County,the city of Kent, and interested organizations; and 39 W-EREAS; based on the District's Comprehensive Plan,the Report, and 40 repots, information and data prepared by District staff,consultants and contractors,the Board of Supervisors of the District desires to select one of the two alternative designs 2 FC❑ Resolution 42 for the Briscoe-Desimone Levee improvements and to authorize funding for the Briscoe- 43 Desimone levee; now,therefore 44 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING 45 COUNTY FLOOD CONTROL ZONE DISTRICT: 46 SECTION 1. The District will initiate a comprehensive planning process, such 47 as the United States Army Corps of Engineers'System-wide Improvement Framework, 48, after accepting at an executive committee meeting the information provided about the 40 scope,anticipated staff time and estimated costs. Issues to be studied should include, but 50 are not limited to,the following: 51 A. Safely and levee heights; �2 B. Economic objectives; 53 C. Environmental objectives; 54 D. Howard Hanson Dam risk assessment; 55 E. Land use; ,S6 F. Operations and maintenance; and 57 G. FEMA levee accreditation. SS SECTION 2. The District will execute a grant agreement with the state of 55 `Washington for tile, V million grant awa?d for the Briscoe-Desimone levee project as '50 soon as possible. 61 SECTION 3, The District will provide funding for the Briscoe-Desimone r2 levee project designed using setback levees that are retained by walls on the landward FCD Resolution 63 side at the four outside bends of Green River between South 200th and South 180th 64 Streets in the Cities of Kent and Tukwila and incorporating the conditions and 65 responsibilities of this Resolution. 66 SECTION 4. For the Briscoe-Desimone levee project,the District supports the 67 use ofsetback levees that are retained by walls on the landward side. The following 68 conditions must be met: 69 A. The design and installation of the Briscoe Desimone levee project shall be 70 consistent with applicable state and federal regulations and standards, including but not 71 limited to the state Shoreline Management Act,the federal Clean Water Act,and state 72 water quality standards,and shall receive all necessary local,state, and federal permits. 73 B. The top of the setback levee retaining wall shall be consistent with the height 74 of the adjoining levee sections. 75 C. The city of Kent's ("City")responsibilities and conditions in relation to the 76 Briscoe-Desimone levee project are as follows: 77 1. The City, or its engineering consultants, shall submit to the District a 78 plan to provide for resiliency of the landside levee and wall in the event of overtopping. 79 fhe plan should include identification of the areas that are most susceptible to erosion, 80 such as the base walls and valleys on the landside slopes of Briscoe-Desimone Levee at 81 the bends. 82 2. The City shall rcclum and mitigate the potential for erosion. The Ciry, 83 or its engineering consultants, shall identify permanent or temporary strategics to 84 minimize erosion in these locations of potential erosion. FGD Resolution 85 3. If the City uses temporary erosion control measures, such as 86 sandbags,the City must commit to paying for and having on hand the materials and 87 necessary equipment to install the temporary measures in the event of over-topping. 88 4. Where the bases of the walls encroach on private property and the 89 erosion forces are more significant,the City shall obtain any necessary easements for 90 design or construction of or access to the Briscoe-Desimone levee. 91 5. The City shall move the setback wall back from the toe of the existing 92 levee iv the northernmost setback segment near the West Valley Highway,consistent 93 with the alternative of the GEI report prepared for the City and dated 2012. 94 6. Prior to release of District funds for the Briscoe-Desimone levee 95 project, the City shall provide to the District a plan to address potential corrosion of the 96 sheet pile walls.This plan must include options for addressing potential corrosion. 97 7. The City shall enter into an agreement with the Washington State 98 Department of Transportation related to the West Valley Highway and its role as a levee, 99 8. The City shall permit, design,and construct replacement of the trail to 1.00 meet Icing County Parka regional trail standards. 107. . 9. Any contracts between the City and any consultants, cnginecrs, contractors or 102 other design or construction entities (collectively, "contractors") shall include provisions whereby IM the City and its contractors name the King County Flood Control Zone District and King Conniy 104 as additional insureds. All such contracts shall provide insurance coverage to the King County 105 Flood Control Zone District and to Ding County, consistent with Icing County's guidelines and 106 requirements:or insurance for similar contracts. 5 FCD Resolution 107 10. The City and King County shall provide a monthly written report to the 108 Executive Committee on the first day of each month regarding implementation of the Briscoe- 109 Desimone levee project including any regulatory requirements that may impact the budget, 110 schedule, design, construction and/or maintenance. III 11. The City shall cover the costs of any maintenance for the project in excess of 112 the average annual maintenance and repair costs for the Green River($95,000 per mile per year). 113 This amount shall be adjusted for inflation annually. 114 D. King County's responsibilities and conditions,as the District's service provider, in 115 relation to the Briscoe-Desimone levee project are as follows: 116 1. King County shall include inspection of the sheet pile walls for . 117 corrosion in the County's operations and maintenance activities. 118 2. King County shall monitor deformation and erosion of the Briscoe- 119 Desimone Levee riverbank to provide quantitative and scientific information for future 120 projects about how the river is working with its flow regulated by the Howard Hanson 121 Dam.This information will assist the District in preparing public warnings in fire event of 122 a breach in the Howard Hanson Dam, 123 3. King County shall prepare a plan to ensure that materials and 124 equipment for emergency repairs to the Briscoe-Desimone levee are available in as 125 timely a manner as possible. 126 4. hing Couniy and'the City shall provide a monthly written report to the 127 executive committee on the first day of each month regarding implementation of the Briscoe- 128 Desimone levee project including any regulatory requirements that may impact the budget, 129 sohedule, design, construction, and/or maintenance. 5 FCD Resolution 130 5. King County as the District's service provider will provide the 131 District with thnely technical assistance in reviewing plans submitted to the District by 132 the City. 133 SECTION 5. The District shall provide funding for inspections,operations and 134 maintenance on the Briscoe-Desimowe levee.King County,,as the District's service provider, 135 shall inspect,maintain and repair the Briscoe-Dcsimone levee. 136 SECTION The District will ensure that public safety plans are in place, 137 including annual outreach to residents and workers along the Green River,as well as 138 other basins in King County. The District will make these plans a priority in the 139 District's 2014 budget, 140 SECTION 7. The District will encourage all businesses and residents in low- 141 lying areas near rivers,regardless of levee accreditation,to purchase flood insurance. 142 SECTION 8. The conditions along the South 200th Street to South 180th Street South 143 corridor in the cities of Kent and 'Tukwila represent a unique set of circumstances in King 144 County. The approval of the use of flood walls in this location does not set a precedent for their 145 use in other parts of the County or the Green River corridor, nor should this limited use be 146 considered a cl rparture from the District's intent of setting back levees where appropriate. 147 SECTION 9. The District hereby directs District staff to work with King County to 148 develop a funding str-ategy for consideration by the District using bond financing to accelerate 149 higli-priority flood protection projects throughout the county that are not fully funded through 150 pay-as-you-go implementation of the District's capital improvement program, This strategy 151 should consider the,long-term financial stability of die Flood Control District,the ability to 152 commit Flood District revenue to pay necessary debt service over the life of the howl,the 7 FCD Resolution 153 preservation of capacity to provide for ongoing maintenance,and the maintenance of adequate 154 reserves to respond to flood emergencies. 155 FCD Resolution was introduced on and passed as amended by the King County Flood Control District on 2/26/2013, by the following vote: Yes: 8 -Mr. Phillips, Mr. von Reichbauer, Mr. Gossett,Ms. Hague, Ms. Patterson, Mr. Dunn, Mr. McDermott and Mr. Denibowski No: 0 Excused: I -Ms. Lambert ICING COUNTY FLOOD CONTROL ZONE DISTRICT KING CJU WASHINGTON 47 Reagan Dumi,Chair ATTEST: h Acme Noris,Clerk of the District Atfaclnnen"S:None 8 ATTACHMENT A TO EXHIBIT B SUPPLEMENTAL TERMS AND CONDITIONS—RESOLUTION 2012-02.2 1. The top of the setback levee retaining wall shall be consistent with the height of the adjoining levee sections, except as is appropriate for safety of cyclists, pedestrians and others using the trail along the top of the wall. Transitions at the ends of each wall shall provide for trail user safety and for levee erosion resistance from overtopping flows that might be concentrated around the ends of the wall and around the ends of trail user protection measures. 2. The City, or its engineering consultants, shall submit to the District a plan to provide for resiliency of the landside levee and wall in the event of overtopping. The plan shall include identification of the areas that are most susceptible to erosion, and shall propose appropriate protection measures for each of those areas. The City shall submit the plan as a recommendation for consideration and approval by the District in the Levee construction plan review process. 3. The City shall reduce and mitigate the potential for erosion. The City, or its engineering consultants; shall identify permanent or temporary strategies to minimize erosion in locations of potential erosion. The City shall submit these strategies as recommendations for consideration and approval by the District in the Levee construction plan review process. 4. If the City strategy to minimize erosion in the event of overtopping relies upon temporary erosion control measures such as sandbags, the City must commit to paying for and having on hand the materials and equipment, and access to sufficient labor, to install all temporary measures in preparation for overtopping. The City shall prepare a plan that describes the temporary measures, the staging of material and equipment, sources of labor; estimated time for installation, and specific river conditions that will tiggcz installation. This plan must be submitted for consideration and approval by the District in.the T_,evee construction plan review process. The City must also preparc before October 1 eacli year by staging all neeessary materials and equipment specified in the plan. 'Ihc City must fully install all such temporary measures irmnediately upon recognition that the trigger conditions in the approved plan are met. The City must also remove all such temporary measrres within eight weeks after flood conditions subside. The City is fully responsible for all associated costs including but not limed to materials, equipment, and labor. 15 EC approved (RB-RI<) 5. The City shall move the setback wall back from the landward toe of the existing levee in the northernmost setback segment near the West Valley Highway, consistent with the alternate alignment described by GEI Consultants, Inc., in section 8.1.2.5 of its April, 2012 draft FEMA Accreditation Report for the Briscoe-Desimone Levee System. 6. The plan to address potential corrosion of the sheet pile walls shall be submitted for consideration and approval by the District in the Levee construction plan review process. 7. The agreement with the Washington State Department of Transportation shall be approved by the District prior to the release of State or District funds for Reach 1 of the Levee. 8. To assist in implementing the District plan for emergency repairs, the City shall provide project design information and emergency plamring recommendations of observations, physical measurements, tolerances, thresholds, and considerations for the District's inspection and risk-based decision-making as appropriate for emergency plans associated with the Levee design. The City will provide this information to the District by August 1, 2014. 9. The City shall permit, design, and construct replacement of the trail to meet King County Parks regional trail standards. The City shall submit plans to King County Parks for review coincident with District plan review at each design phase. 16 EC approved (RG-RICO EXHIBIT C Levee Inspection,.Maintenance, Operation and 12cpair 1. The Levee shall he maintained and operated consistent with the District's Flood Hazard Management Plan Policy PROJ-6, Flood Protection Facility Design and Maintenance Objectives (or its successor)which states as follows: "[The District] should construct new flood protection facilities and maintain, repair or replace existing flood protection facilities in such a way as to: ® Require minimal maintenance over the long term, Ensure that flood or channel migration risks are not transferred to other sites, © Protect or enhance aquatic, riparian and other critical habitats, and ® Protect or enhance multiple beneficial uses of flood hazard area." 2. Levee maintenance and operation shall be based on a risk-based analysis approach. If a risk-based approach is not acceptable to FEMA, and as a result FEMA fails to issue a CLOMR or LOMR for the Levee, the District shall not be obligated to operate and maintain the Levee. 3. The upper 1/3 of the riverward slope above the OHW]\Q may be mowed and maintained in grass cover, 4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all times, including access by heavy construction equipment and earth-hauling machinery. 5. The landward Levee slope may be mowed and maintained in grass cover. 6. The 15-foot maintenance access and inspection area along the landward Levee toe may be mowed and maintained in grass cover. �. All such mowed areas may alternatively be planted and maintained with native riparian woody vegetation. 2. Upon acceptance of completed Levee construction by the District, the Levee, as constructed to these standards, shall he inspected by the District prior to loaf emergence each spring, at low-flow conditions in the late Susnrner or early Fall, prior to the onset of 17 K approved (M-RI:) fall rains and seasonal high flows; and during and immediately following flood events at Phase III (9,000 cfs) or greater. 9. All structural features of the Levee shall be inspected by the District for deterioration or damage, including the presence of any slope erosion, washouts, slumping, slides, or sloughing, and any conditions noted shall be included in prioritization of District and/or King County maintenance and repair needs, and in performance of maintenance and repair actions at the earliest appropriate opportunity. 10. All vegetation on the levee slopes, benches, or along the lower embankment shall be inspected by the District for erosion of the riverward embanlunent in the root zone, and appropriate corrective action shall be taken where such conditions may be present. 11. The District and/or King County shall perform continuing levee patrols during all Phase III or greater flood events. 12. Damaged or impaired Levee conditions observed by the District during flood patrols shall be evaluated for emergency repair actions. 13. Any emergency repairs performed will be inspected by the District at the next low-water period for evaluation of permanent repair needs or additional measures required to restore the function and integrity of all affected locations. 14. The District and/or King County shall prioritize repairs consistent with the adopted policies of the District's Flood Hazard Management Plan, or its successor. 15. The City shall be responsible for all local drainage inspections and maintenance. The District and King County shall not assume any responsibility for stormwater management activities. 18 C approved (R6-HI<) } RM-14 I � a I J �� � '/ rr•,�,/ i/if� � f�/r/j. �r r/ i k k ilf I u „2 1 rid , 1 / ,r YA 1A � G i0///i fal, �" ,rt➢rt V M1* I REACH 4 '' ri%%///;'� 1 pr y� �I�'�' i�Y�9➢�BY�N;�Ii� I�h�%����"�0 �In }S II i L i LEGEND BRISCOE-DESIMONE LEVEE �°°E'°"O` �.,..eee..,. p,,.,EM,E RIGHT BANK OF THE GREEN RIVER S.180lh ST.TO S.2001h ST. I ♦-ni R R MEE IIOf TO WALE cVweT\x-.nn ixvvin Vq\¢o"wuu.mg.nll iunnw a a M w a JP� w 0 0 U a 4- a % f ti- S 180TH ST �\ SW 43rd ST. 15 TUKWILA rr LEVEE a REACH_ 1 1 S 190th ST ± -i;,,fy ® vi �2 � Q REACH 2 < + �- 0 =QCN = z $ Z 3 } c T-z my -4. a� S 196th ST w > . REACH REACH 4 k CITY OF KENT t ENGINEERING DEPARTMENT CITY OF KENT FIGURE 2 DRAWN scAa Nor TO scAL LOCATION MAP �ggp�g g _._.... BRISCOE DESIMONE LEVEE w.x xixorox APPROVED DATE 10-10-12 G.\Oes�go`;09-3011 DESudONE WALLS SEPA\Il,,12.d 1, 10 10/2012 -.6:00 PM KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: October 1, 2013 SUBJECT: 2014 Washington State Arts Commission Project Support Grant - Accept MOTION: Accept the $3,950 grant from the Washington State Arts Commission, approve the expenditure of funds in the Kent Arts Commission's budget, and authorize the Parks Director to sign all necessary documents related to the grant's acceptance and expenditure. SUMMARY: The Washington State Arts Commission (WSAC) has awarded the Kent Arts Commission a program support grant for 2014. The Kent Arts Commission will use the funding to support the presentation of performances and educational outreach activities by Keola Beamer, Moanalani Beamer, and R. Carlos Nakai (world music and dance), as well as California Guitar Trio and Montreal Guitar Trio (classical and world guitar) as part of the Spotlight Series. EXHIBITS: Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACT: Kent Arts Commission Budget WASHINGTON STATE ARTS COMMISSION Grant Contract Program: Project Support—Level B—Midsize Arts Organizations FY14 Contract No.2014107 THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711 Capitol Way S,Suite 600,PO Box 42675,Olympia,WA 98504-2675 hereinafter referred to as the COMMISSION,and Name: City of Kent Arts Commission Physical 220 4th Avenue,South Address: Kent,Washigton 98032 Mailing 220,4theAyenue,South Address: Kent, ashington 98032 Phone No: 253-856-5050 Web Site: jlktpX://Www.kei)tarts.com Washington State UBI: N/A Federal Employee fD: 91:6001254 DUNS: 20253613 Social Security Number: N/A - hereinafter referred to as the CONTRACTOR. THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS: A. PURPOSE OF CONTRACT This Contract sets out the terms and conditions by which the COMMISSION provides a grant to the CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or program which is related to the conservation and development of artistic resources of the State of Washington.RCW - 43.46 provides the statutory authorization for making the grant. The funding is administered under WAC Title 30. B. DESCRTPTION OF THE ACTIVITY,PROJECT.OR PROGRAM CONTRACTOR shall use fiords provided under this Contract No.2014107 solely for the grant proposal funded through the Project Support for Midsize Arts Organizations for FY14 as described in Attachment A:Scope of Work. C. AMOUNT OF GRANT Total amount provided under this contract: THREE THOUSAND NINE HUNDRED FIFTY AND 00/100 Dollars ($3,950.00) 1. The Commission provides State Funds in the amount of ZERO AND 00/100 Dollars ($0.00)to the CONTRACTOR. 2. The Commission provides Federal Funds in the amount of 'THREE THOUSAND NINE HUNDRED FIFTY AND 00/100 Dollars ($3,950.00)to the CONTRACTOR. Applicable only if Contract includes Federal Funds: Federal Catalog of Domestic Assistance No: 45.025 Federal Grant No: 12-6100-2022 Grant Contract No.2014107 Page 2 of 13 3. CONTRACTOR;agrees to match this grant with cash and/or in-kind resources equal to or greater than the total funds provided by the COMMISSION. 4. Payments will be made in accordance with the payment schedule set forth in Attachment B. D. CONTRACT PERIOD Funds are awarded for the period beginning August 15,2013 to June 30,2014. The CONTRACTOR must expend all funds by the ending date of this contract. The CONTRACTOR shall notify the COMMISSION immediately in writing if any portion of the funds will not be expended by the end of the fiscal year. E. CONTRACT REPRESENTATIVES The following shall be the contact persons for all communications and billings regarding the performance of this '.. Contract. Either party shall provide written notification to the other of changes in contract representation. CONTRACTOR's Contract Representative: COMMISSION's Contract Representative '.. Name Ronda Billerbeck Name Christel Ratliff and Title: Cultural Programs Manager and Title: Program Coordinator Org. City.ofKentAr.ts_Co.=ission Org: Washington State Arts Commission- Name: Name: Grants to Organizations 220 4th Avenue.South Address: Address: PO Box 42675 I{ent,Washington, 98.032. Olympia,WA 98504-2675 Phone: 253-856-5050 Phone: (360)586-0026 .................... E-Mail: rbillerbeck kentwa. ov E-Mail: christel.ratliff,,aarts.wa. ov F. LIMITATION OF AUTHORITY The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only the COMMISSION's Agent shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this contract.The Agent may delegate this authority,but such delegation is effective only if in writing. See General Terms and Conditions for Contract Amendment or Modification procedures. G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the following,which by this reference,are made a part of this Contract: Attachment A: Scope of Work and Reporting Requirements AttachmentB: Payment Schedule Attachment C: General Terms and Conditions AttachmentD: llrvoice Voucher Attachment E: National Endowment for the Arts General Terms and Conditions for federal Funding Grant Contract No.2014107 Page 3 of 13 H. INSURANCE Automobile Liability:In the event that services delivered pursuant to this contract involve the use of vehicles,either owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the automobile to provide automobile liability insurance. The minimum limit for automobile liability is:$100,000/$300,000 bodily injury and$100,000 property damage. I. ENTIRE CONTRACT This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No other understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties. J. FINAL REPORT 1 The CONTRACTOR shall provide a Final Report to the COMMISSION within 30 days following the Contract Period ending date.All Filial Report materials must be submitted through the COMMISSION's Grants Online System at httpJ/wsac.cultureg7ants.org. i THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract. City of Ke Arts Commis on WASHINGTON STATE ARTS COMMISSION (signature ofpariy authoriz d to. for CONTRACTOR) Kris Tucker,Executive Director L I-I-,. Date: (printed name of signatory) 7 (printed title ofsignatory) i I Date: APPROVED AS TO FORM: (Signature of Kathryn Wyatt,Assistant Attorney General,State of Washington,July 11, 2013 on file in fiscal office) i i I j I i Grant Contract No.2014107 Page 4 of 13 I I GRANT CONTRACT-ATTACHMENT"A" Scope of Work and Reporting Requirements Program: Project Support—Level B—Midsize Arts Organizations FYI Contract No.2014107 CONTRACTOR:City of Kent Arts Commission The.CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Project Support assistance with: Kent Arts Commission will present two performances with educational outreach as part of the 2013-2014 Spotlight Series.Keola Beamer and company will present Malama Ko Aloha,an evening of Hawaiian music and culture,as well as slack key guitar and hula workshops.California Guitar Trio Montreal Guitar Trio will present a concert of world and classical guitar music and two school activities. Event Announcement and Documentation: The CONTRACTOR must provide to the Grants to Organizations office of the COMMISSION, any public announcement,press release,or other direct mail or electronic mail announcement of the event(s)funded under this contract.The CONTRACTOR will mail such public announcements to:. Grants to Organizations Washington State Arts Commission PO Box 42675 Olympia,WA 98504-2675. Final Report Obligations: Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to Organizations,30 days following the contract ending date;this is a contractual obligation for the grant. The completed form must be received by the Washington State Arts Commission(ArtsWA),Grants to Organizations, 5:00 P.Al.,August 1,2014.Final Report Materials must be submitted through the COMMISSION's Grants Online System bttp://wsac.culturegrants.org. Final Report Penalty: Grant recipients that do not submit Final Reports by the August 1,2014 deadline will have a 10%penalty deducted from any future grant from Grants to Organizations. Contacting Legislators: The Washington State Arts Commission's grant programs are made possible by appropriations from the State of Washington and the National Endowment for the Arts. It is important that legislators hear about the public benefit provided by ArtsWA's grant funds. For this reason,grant recipients are required to submit a copy of at least one letter to a state senator or state representative as part of their Final Report, if you are not sure who these elected officials are,or need their contact information,go to http://ai)p.leg.,Aa.gov/districtfilider. Logo Credit: 0. AD WA � NATIONAL WASHINGTON STATE EN 00 W M ENT ARTS COMMISSION MR THE ARTS Recipients of grants and programs are asked to credit ArtsWA in promotional communications about the grant.The ArtsWA logo maybe downloaded from the website:www.arts.wa.gov. Tf your grant includes federal funding(which would be stated on page 1 of your contract),you are also obligated to credit the National Endowment for the Arts (NEA)in the same manner as ArtsWA.NEA logos are downloadable at wtivw.arts.gov. Grant Contract No.2014107 Page 5of13 Attachment ��� GRANT CONTRACT-ATTACHMENT`B" II� Payment Schedule Program: Project Support—LevelB—Midsize Arts OrganizationsFY14 Contract No.2014107 CONTRACTOR: City of Kent Arts Commission The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration of section (2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the following terms and conditions: 1. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section D of the CONTRACT; 2. Payments will be made after the expenses for which COMMISSION funds were committed have been incurred; 3. All requests for payment shall be on the form of voucher set forth in Attachment D. 4. You have the option of obtaining your grant payments via direct deposit through the Department of Enterprise Services.The necessary forms are downloadable from www.arts.wa.zov/grants/grants- resources. 5. The COMMISSION will make payment to the CONTRACTOR within 30 business days of receipt of a properly completed invoice,which shall include documentation of authorized expenses. 6. The schedule for payment is as follows: Month/Year Amount 8/1/2013 $3,950.00 or upon project completion TOTAL AWARD $3,950.00 '... Grant Contract No.2014107 Page 6 of 13 Attachment B GRANT CONTRACT-ATTACHMENT"C" General Terms and Conditions Program: Project Support—LevelB—Midsize Arts OrganizationsFY14 Contract No.2014107 CONTRACTOR: City of Kent Arts Commission TABLE OF CONTENTS This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract. A. HEADINGS AND DEFINITIONS.........................................:...................................2 !.!. B. GENERAL CONTRACT TERMS Amendments or Modifications ....................................................................................2 Conformancewith Law................................................................................................2 Orderof Precedence......................................................................................__..........2 Severability..................................................................................................................2 Waiver of Default or Breach.......................................................................................2 C. PERFORMANCE AND GENERAL RESPONSIBILITIES Covenant Against Contingent Fees..............................................................................2 Indemnification.............................:..........................................:.........__......................3 Independent Capacity of Contractor......................_........,.........................................3 Nonassignability................ .............................3 ............................................................. Publicity/Acknowledgements.........................................................___.......................3 Reproduction...............................................................................................................3 Services within Washington........................................................................................3 D. COMPLIANCE WITH LAWS RECORDKEEPNG AND INSPECTIONS Americans with Disabilities Act..................................................................................3 Compliance with Applicable Law................................................................................3 Conflictof Interest.................................._...................................................................4 HazardousSubstances.......—.......................................................................................4 NondiscriminationLaws.........................................................................__.................4 Public Disclosure/Confidentiality................................................................................4 Records,Documents,and Reports...............................................................................4 Registration with Department of Revenue...................................................................5 Rightof Inspection......................................................................................................5 E. FUNDING REIMBURSEMENT AND BUDGET Advance Payments Prohibited.....................................................................................5 Fundsnot Supplanting.................................................................................................5 Taxes.......................................—.................................................................................5 Traveland Per Diem....................................................................................................5 F. TERMINATION AND DISPUTES Disputes.........,. ...5 ......................................................................................................... GoverningLaw and Venue..........................................................................................5 Savings .......................................................................................................................5 Termination for Convenience..............................__....................................................6 Termination or Suspension for Cause..........................................................................6 - G. ADDITIONAL FEDERAL FUNDING REQUIREMENTS Application..................................................................................................................6 Publicity/Acknowledgements —..................................................................................6 NEA General Terms and Conditions...........................................................................6 Grant Contract No.2014107 Page 7 of 13 Attachment C A. HEADINGS AND DEFINITIONS DEFINITIONS-As used throughout this Contract,the following terms shall have the meaning set forth below: "COMMISSION"shall mean the Washington State Arts Commission,any division,section,office,unit or other entity of the Commission,or any of the officers or other officials lawfully representing that Commission. "AGENT"shall mean the Executive Director,Washington State Arts Commission,and/or the delegate authorized in writing to act on his/her behalf. "CONTRACTOR" shall mean that firm,provider,organization,individual or other entity that has been awarded a grant of funds under this Contract,and shall include all employees of the CONTRACTOR. ',.. "NF.A"shall mean the National Endowment for the Arts. "SUBCONTRACTOR"shall mean one not in the employment of the CONTRACTOR,who is performing all or part of those services under this Contract under a separate contract with the CONTRACTOR. The terms ',...... "Subcontractor"and"Subcontractors"mean Subcontractor(s)in any tier. HEADINGS-Headings used in this Contract are for reference purposes only and shall not be considered a substantive part of this Contract. B. GENERAL CONTRACT TERMS AMENDMENTS OR MODIFICATION-This Contract may be amended or modified only by mutual consent of the COMMISSION and CONTRACTOR. To be effective,any amendment or modification must be in writing,signed by all parties,and attached hereto. No oral understanding or agreement binds the parties. CONFORMANCE-If any provision of this contract violates any statute or rule of law of the State of Washington,it is considered modified to conform to that statute or rule of law. ORDER OF PRECEDENCE—The items listed below are incorporated herein by reference. In the event of an inconsistency in this Contract,the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and Washington State statutes and regulations including applicable Federal and State Executive Orders. 2. Special Terms and Conditions of this Contract,including a. Scope of Work and Reporting Requirements b. Modifications to the General Terms and Conditions 3. General Terms and Conditions 4. NEA General Terms and Conditions if Federal funds are committed by this Contract. 5. All other attachments or material incorporated by reference. SEVERABILITY-If any provision of this Contract or any provision of any document incorporated by reference is held invalid,such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision,and to this end the provisions of this Contract are declared to be severable. WAIVER OF DEFAULT OR BREACH--Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.Waiver of any default or breach shall not be construed to be a modification of the terms of the Contract. C. PERFORMANCE AND GENERAL RESPONSH3ILITIES COVENANT AGAINST CONTINGENT FEES-The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage,brokerage or contingent fee,excepting bona fide employees or a bona fide established agent maintained by the CONTRACTOR for the purpose of securing business. The COMMISSION shall have the right,in the event of breach of this clause by the CONTRACTOR,to annul this Contract without liability,or,in its discretion,to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage,brokerage or contingent fee. Grant Contract No.2014107 Page 8 of 13 Attachment C INDEMNIFICATION—To the fullest extent permitted bylaw,the CONTRACTOR shall indemnify defend,and hold harmless the State of Washington,including the COMMISSION and all officials,agents,employees of the State from and against any liability,damages, claims,suits and/or expenses arising out of or resulting from performance of this Contract,including,but not limited to,injury to persons or property,failure to follow applicable law,acts that are libelous or slanderous,and the violation or infringement of any copyright,patent,trademark,trade name or unfair trade practice law. The CONTRACTOR's obligation to indemnify,defend,and hold harmless includes any claim by the CONTRACTOR's agents, employees,representatives,or any subcontractor or its employees.The CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the extent claim is caused in whole or in part by negligent acts or omissions of the CONTRACTOR. INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship. The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the COMMISSION or the State of Washington.The CONTRACTOR and its employees or agents will not hold themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by reason of this Contract and will not make any claim,demand,or application to or for any right or privilege which would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise supervise the manner in which this Contract is performed. NONASSIGNABTLTTY—The CONTRACTOR shall not assign this Contract,any rights or obligations under this Contract,or any claim arising under this Contract without prior written consent of the COMMISSION. PUBLICITY/ACI{NOWLEDGEMENTS—The CONTRACTOR shall acknowledge the COMMISSION in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from this Contract, as follows:"This program is supported,in part,by a grant from ArtsWA(the Washington State Arts Commission)." REPRODUCTION-The CONTRACTOR relinquishes to the State and its assigns royalty-free,irrevocable,non- exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials that result from this Contract,provided that such use or reproduction shall be only for government purposes.Data shall include,but is not limited to,reports,documents,pamphlets,other printed matter,photographs,and sound recordings.Government purposes shall include,but are not limited to,(1)internal documents such as memoranda and(2)public releases such as advertising,brochures,media publicity and catalogs or other similar publications, social media or other electronic communications,provided that the author or artist is credited.All reproductions of copyrightable material by the State in public releases shall contain a credit to the author or artist where applicable. SERVICES WITHIN WASHINGTON-The CONTRACTOR agrees that no funds under this Contract will be used for activities or services outside the State of Washington,without prior authorization of the COMMISSION. - D. COMPLIANCE«'ITH LAWS RECORDKEEPING,AND INSPECTION ANIERTCANS W11II➢ISABTLITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,also referred to as the "ADA"28 CRF Part 35.—The CONTRACTOR must comply with the ADA,which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment,public accommodation,state and local government services,and telecommunications. COMPLIANCE WITH APPLICABLE LAW.The CONTRACTOR shall comply with all applicable and current federal,state,and local laws,regulations,and policies,including all applicable local,state,and federal licensing, accreditation and registration requirements/standards necessary for the performance of this Contract. In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy,the COMMISSION may rescind,cancel or terminate this Contract for cause in whole or in part. The COMMISSION also may declare the CONTRACTOR ineligible for further grant awards from the COMMISSIONT. CONFLICT OF INTEREST. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMISSION may,by written notice to the CONTRACTOR,terminate this Contract if it is found after due notice and examination by the COMMISSION that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW,or any similar statute involving the CONTRACTOR in the procurement of,or performance under,this Contract._ Grant Contract No.2014107 Page 9 of 13 Anachment C In the event this Contract is terminated as provided above,the COMMISSION shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR. The rights and remedies of the CO.VIMISSION provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this Contract. HAZARDOUS SUBSTANCES. The CONTRACTOR wrill defend,protect and hold harmless COMMISSION and any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances as defined by state and federal law on the property covered by the project. NOATDISCRIMINATION LAWS—During the performance of this Contract,the CONTRACTOR shall comply with all federal and state nondiscrimination laws,regulations,or policies.If the CONTRACTOR does not comply or refuses to comply with nondiscrimination laws,regulations or policies,the COMMISSION may rescind,cancel,or terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts with the COMMISSION. The CONTRACTOR shall be given a reasonable time in which to cure noncompliance. Any dispute may be resolved in accordance with the"Disputes"provision in this Contract. PUBLIC DISCLOSURE/CONFIDEN'TIALiTY—CONTRACTOR acknowledges that the COMM1SS10N is subject to Chapter 42,17 RCW,the Public Disclosure Act and that this Contract shall be a public record as defined in RCW 42.17.250 through 42,17.340. Any specific information that is claimed by the CONTRACTOR to be confidential or proprietary must be clearly identified as such by the CONTRACTOR. To the extent consistent with Chapter 42.17 RCW,the COMMISSION shall maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view the CONTRACTOR's information,the COMMISSION will notify the CONTRACTOR of the request and the date that such records will be released to the requester unless CONTRACTOR obtains a court order enjoining that disclosure. If the CONTRACTOR fails to obtain the court order enjoining disclosure,the COMMISSION will release the request information on the date specified, RECORDS DOCUMENTS,AND REPORTS—The CONTRACTOR shall maintain complete financial records, including all accounts,books,records,documents,invoices and other evidence,that sufficiently and properly reflect all direct and indirect costs of any nature expenses incurred and revenues acquired under this Contract. The records must clearly show that matching expenditures,if required,are not less than the amount granted in the approved application and this Contract. The system of accounting employed by the CONTRACTOR shall be in accordance with generally accepted accounting principles,and will be applied in a consistent manner so that the project finances can be clearly identified. These records shall be subject at all reasonable times to inspection,review,or audit by personnel duly authorized by the COMMISSION,the Office of the State Auditor,and Federal officials so authorized by law,rule,regulation,or contract. The CONTRACTOR will retain all books,records, documents,and other materials relevant to this ''.... Contract for six years after termination or expiration of the Contract,and make them available for inspection by '...... persons authorized under this provision. 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. REGISTRATION WITH THE DEPARTMENT OF REVENUE-The CONTRACTOR shall complete registration, if required by law,with the Washington State Department of Revenue,P.O.Box 47450,Olympia,WA 9 8 5 04-7450, http://dor.wa.gov. Tile CONTRACTOR shall be responsible for payment of all taxes due on payments made under this Contract. RIGHT OF INSPECTION—The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the COMMISSION pertinent to the intent of this Contract,including right of entry for periodic site inspections.The CONTRACTOR shall provide right of access to the facilities and/or site of the activity,project,or program to the COMMISSION,or to any of its officers,or to any other authorized agent or official of the State of Washington or the Federal government at all reasonable times,in order to monitor and evaluate performance,compliance,and/or quality assurance under this Contract. Grant Contract No.2014107 Page 10 of 13 Attachment C E. FUNDING REIMBURSEMENT AND BUDGET ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the COMMISSION. TAXES—All payments accrued on account of payroll taxes,unemployment contributions,any other taxes,insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR. TRAVEL AND PER DIEM-In the event the Contract expressly provides for the CONTRACTOR to be reimbursed for out-of-pocket expenses,the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage and per diem in effect at the time these expenses are incurred. The CONINUSSION reserves the right to audit documents supporting billings made for out-of-pocket expenses. F. TERMINATION AND DISPUTES DISPUTES.Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot be resolved by direct negotiation,either party may request a dispute hearing of the other according to the process set out in this section. Either parry's request for dispute hearing must be in writing and clearly state: 1. The disputed issue(s); 2. The relative positions of the parties; 3. The CONTRACTOR's name,address and project title. The requesting party shall mail the request for hearing to the other party within 5 working days after the parties agree that they cannot resolve the dispute.Within 5 working days of receipt of the request,the receiving party shall respond by either accepting or refusing the request for dispute resolution. _ If both parties agree to a dispute hearing,the dispute shall be heard by a panel of three persons consisting of one person selected by the CONTRACTOR,one person selected by the COMMISSION,and a third person chosen by the two persons initially appointed.Any hearing under this section shall be informal,with the specific processes to be determined by the panel according to the nature and complexity of the issues involved. The process maybe solely based upon written material if the parties so agree. Provisions of this Contract shall govern the panel in deciding the disputes.The parties shall equally share all cost associated with implementation of this process. The decision of the panel shall not be admissible in any succeeding judicial or quasi-judicial proceeding '.. concerning the Contract. The parties agree that these dispute resolution proceedings shall precede any action in a judicial or quasi-judicial tribunal,Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternative dispute resolution method in addition to the dispute resolution procedure outlined above. GOVERNING LAW AND VENUE—Washington law shall govern this Contract. In the event of a lawsuit involving this Contract,venue shall be proper in Thurston County. - SAVINGS If any State,Federal,private,or other funding source withdraws,reduces,or limits in any way the funds appropriated for the work under this Contract prior to normal termination of the Contract,the COMMISSION may terminate the Contract without advance notice. At the COMM7SSION's discretion,the parties may renegotiate the Contract under those new funding limitations and conditions.If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. '.... TERMINATION FOR CONVENIENCE-Either party may terminate this Contract upon 15 days'prior written notification to the other party. If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION OR SUSPENSION FOR CAUSE—in the event the COMMISSION determines the CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner,the COMMISSION has the right to suspend or terminate the Contract. Before suspending or terminating the Contract,the COMMISSTON shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action '.. is not taken within fifteen(15)days of receiving notice,the COMMISSION may terminate or suspend the Contract. Grant Contract No.2014107 - Page 11 of 13 Attachment C If the Contract is terminated for cause,the COMNIISSTON reserves the right to require the CONTRACTOR to repay all or any portion of funds paid to the CONTRACTOR prior to termination.The CONTRACTOR shall make repayment within thirty(30)days of the demand. If the CONLMISSION is required to institute legal proceedings to enforce this repayment provision,the COMMISSION shall be entitled to its costs,including reasonable attorneys' fees.However,repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy available to the COMMISSION shall be deemed exclusive. The COMMISSION may elect to exercise any single, any combination,or all of the remedies available to it under this Contract,or under any provision of law,common law,or equity. G. ADDITIONAL TERMS AND CONDITTONS IF GRANT INCLUDES FEDERAL FUNDS. APPLICATION—If federal funds are committed by this Contract,the CONTRACTOR shall abide by the following conditions. PUBLTCTTY/ACKNOWLEDGEMENTS—The PUBLICTTY/ACKNOWLEDGEMENT provision elsewhere in this Contract is hereby amended as follows: "The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from this Contract,as follows:"This program is supported,in part,by a grant from the Washington State Arts Commission(now also known as"ArtsWA")and the National Endowment for the Arts." Additionally,all printed materials shall display the NEA logo as per NEA General Terms and Conditions, Attachment E. NEA GENERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements(Federal Laws,rules, regulations and OMB Circulars)enumerated in the NEA General Terms and Conditions apply to the CONTRACTOR.As a subgrant recipient,the CONTRACTOR shall abide by the NEA General Terms and Conditions not inconsistent with the Special and General Terms and Conditions of this Contract. Grant Contract No.2014107 Page 12 of 13 Attachment C i Washinaton State Arts Commission CONTRACT-ATTACHMENT E National Endowment for the Arts (NEA) Federal Subgranting Requirements Updated July 2013 This grant includes federal funds from the National Endowment for the Arts. Signing and returning your grant contract confirms your compliance with all pertinent federal requirements, regulations and laws, including the following: A. Project Costs supported by the NEA—There may be no overlapping project costs between two or more Federal awards. This grant may not be used to match a direct grant from the NEA (or vice versa). B. Uniform Administrative Requirements—establishes administrative standards to ensure consistency among recipients of Federal awards. OMB CircularA-110 applies to grantees that are non-profit organizations, colleges, and universities; 45 Code of Federal Regulations Part 1157 applies to grantees that are units of state and local governments and federally recognized Indian Tribal governments. C. Cost Principles—establishes allowability of costs for work performed under an Arts Endowment award. OMB CircularA-122 applies to grantees that are non-profit organizations other than institutions of higher education; OMB CircularA-21 applies to public and private institutions of higher education; OMB Circular-87 applies to local governments and federally recognized Indian tribal governments D. Title VI of the Civil Rights Act of 1964 as amended, provides that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Title VI also extends protection to persons with limited English- language proficiency. E. Title IX of the Education Amendments of 1972 provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance F. Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. G. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled individual in the United States, shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. Under this regulation, a federally funded arts program when viewed in its entirety must be accessible to all persons. The National Endowment for the Arts issued its regulations in 1979 (amended 2003) to enforce the existing law (45 CFR 1151). You must have a Section 504 self-evaluation on file at your organization. Additional information, including The Arts and Humanities Accessibility Checklist, is available online at http://www.arts.gov/resources/Accessibility , H. Americans with Disabilities Act(ADA) of 1990, as amended, prohibits discrimination on the basis of disability in employment (Title 1), State and Local Government Services (Title 11), and places of public accommodation and commercial facilities (Title 111). I. Labor Assurance—you must comply with the labor standards set out in 29 CFR Part 505. You provide this assurance by signing and returning your grant invoice(s)to ArtsWA. J. Federal Debt Status (OMB CircularA-129) —you may not be delinquent in the repayment of any federal debt. K. Debarment and Suspension (NEA regulations implementing Executive Orders 12549 and 12689 in Title 2 CFR, Chapter 32, Part 3254) if the NEA receives information regarding a grantee's fitness to administer federal funds such as fraud or theft, lack of business integrity, or any other cause of so serious or compelling a nature that it affects an organization's present responsibility, they may suspend funds and debar the grantee from future federal funding for a period of up to three years. Signing this grant contract also confirms that you are presently fit to administer the terms of the grant, with no evidence to the contrary or any previous cause for debarment or suspension. L. The National Historic Preservation Act of 1966 applies to any Federal funds that would support either the planning or major renovation of any structure eligible for or on the National Register of Historic Places, in accordance with Section 106. M. The National Environmental Policy Act of 1969 applies to any Federal funds that would support an activity that may have environmental implications (e.g., outdoor murals, outdoor festivals, outdoor sculptures, etc.). N. Prohibition Against Lobbying: 0148 CircularA-122/Section 319 of Public Law 101-121, codified at 31 U.S.C. Sec. 1352145 CFR Part 1158: grantees must adhere to the prohibition against lobbying within a federally supported grant project which states that no federal appropriated funds have been paid or will be paid by or on behalf of the grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into any federal grant or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. O. Native American Graves Protection and Repatriation Act of 1990 applies to any organization which controls or possesses Native American human remains and associated funerary objects, and which receives Federal funding, even for a purpose unrelated to the Act. Additional information about the above federal requirements are available on the NEA website http:/twww.nea.govfmanageaward/GTC.pdf. In addition, the NEA requires that vou: • Provide ArtsWA with a final report. ArtsWA reserves the right to request additional information or reports necessary for us to fulfill all applicable Federal reporting requirements. • Use U.S. air carriers for foreign travel consistent with the Fly America Act. • Maintain financial records and supporting documents pertinent to the award for three years following submission of your final report. During the project period and the subsequent three- year retention period, ArtsWA reserves the right to request timely and unrestricted access to project records. • Make your best effort to purchase American-made equipment and products, consistent with the Buy American Act. KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: October 1, 2013 SUBJECT: New Connections Lease Agreement — Authorize MOTION: Authorize the Mayor to sign a five year Lease Agreement with New Connections to rent the city-owned building located at 422 West Titus Street, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: New Connections, a nonprofit agency serving Kent residents, has been a tenant in the City-owned building located at 412 West Titus Street since June, 2003. The condition of the current location is no longer adequate to run the tenant's programs, therefore, the tenant will be moving to the City-owned building located next door at 422 W. Titus. In consideration of this five year agreement, New Connections will pay all costs associated with or arising out of the maintenance, operation, and agreed upon tenant improvements (Exhibit B) of the leased premises in lieu of paying rent. New Connections will also pay monthly leasehold excise tax in the amount of $267.30 based on an estimated fair market rental value of $2,349 per month. Through an agreement and funding received by DSHS and its Career Path Services Program, New Connections provides work and office skills training to 6-12 individuals annually. Through this training, New Connections gained valuable (no-cost) employees, which allowed New Connections to provide extremely low cost assistance to the community. EXHIBITS: Lease Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Facilities Lease Budget LEASE AGREEMENT BETWEEN THE CITY OF KENT AND NEW CONNECTIOtN'S THIS LEASE AGREEMENT ("Lease') is entered into by and between the CITY OF KENT, a municipal corporation of the State of Washington („City"), and New Connections, a Washington non-profit corporation ('Tenant"). The City and Tenant agree as follows: AGREEMENT 1. PREMISES.. 1,1 Premises Refined, The City leases to Tenant and Tenant leases from the City the real property described in Exhibit A, which is attached to this Lease and incorporated by this reference,, and buildings located at 422 West Titus Street, Kent, Washington (collectively the "Premises" or "Leased Premises"), The City will use the parking lot on the Premises for parking of City vehicles and employee parking. 1.2 Survey, Maps, and Plans. Tenant is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City. 13 Inspection. The City makes no representation regarding the condition of the Premises. Tenant is currently in possession of the Premises under a prior lease agreement. Tenant shall be deemed to have accepted possession of the Premises in "as-is condition,' 2. TERM. 2,1 Term Refined. The term of this Lease shall commence on October 1, 2013 ("Commencement Rate"), and shall terminate on September 30, 2018, (the "Termination Rate"), unless terminated sooner under the terms of this Lease. 2.2 Right to Terminate Early Without Cause. City and/or Tenant shall have the right to terminate this Lease at any time during the Term upon ninety (90) days' prior written notice of termination to the other party. LEASE AGREEMENT - 1 (October 2013) (Between City of Kent and New Connections) 2.3 End of Term. Upon the expiration or termination of the Term, as applicable, Tenant shall surrender the Premises to the City in the same or better condition as on the Commencement Date, reasonable wear and tear excepted. Non-permanent appliances, personal property, and trade fixtures belonging to Tenant or Tenant's Residents shall be removed by the Tenant at the end of the Term. Any of the aforementioned items remaining at the end of the Term shall be moved off of the Premises by the City at the Tenant's expense. 2.4 Hold Over. If Tenant remains in possession of the Premises after the Termination Date, the occupancy shall not be an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party with thirty (30) days' written notice. The monthly rent during the holdover shall be the same rent that would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms, If the City provides a notice to vacate the Premises in anticipation of the termination of this Lease or at any time after the Termination Date and Tenant fails to do so within the time set forth in the notice, then Tenant shall be a trespasser and shall owe the City all amounts due under applicable law, 3. LEASE PAYMENT. 3.1 Monthly Payment. During the Term hereof, Tenant may occupy the leased premises rent free; in consideration of which Tenant shall: a. pay leasehold tax at a rate established by the State of Washington, currently 12.84%, in the amount required by law if Tenant were to pay the monthly rental market rate of $2,349.00; b, make all improvements at Tenant's sole expense, as outlined in Exhibit 8; subject to a final inspection and the approval of the Kent Building Code Inspector and the Facilities Superintendent of the Kent Parks, Recreation and Community Services Department; and C, pay all costs associated with or arising out of the use, maintenance, and operation of the Leased Premises, 4. OTHER EXPENSES. LEASE AGREEMENT - 2 (October 2013) (Between City of Kent and New Connections) During the Term, Tenant shall pay the following additional expenses:. 4.1 Utilities. Tenant shall pay all fees charged for utilities in connection with the use and occupancy of the premises, including but not limited to electricity, water, sewer, garbage, gas, and telephone service in a timely manner and prior to delinquency, 4.2 Proof of Payment. Tenant shall, if required by the City, furnish to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 4.3 Failure to Pay. If Tenant fails to pay any of the amounts due under this Lease, the City may pay the amount due, and recover its cost from the Tenant.. Tenant shall pay City said amounts due within thirty (30) days of written notice from the City. If the City pays or advances any amounts for or on behalf of Tenant, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials, costs of removal and disposal of improvements pursuant to Section Fa below, or other amounts not paid when due, Tenant shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date the City notifies Tenant of the payment or advance. S. USE. 5.1 Permitted Use. Tenant shall use the Leased Premises to provide temporary single-family dwellings for homeless families with children under fourteen years of age („Residents") and for no other purpose without first obtaining the City's prior written consent. 5.2 Restrictions on Use. Tenant shall not cause or permit any damage to natural resources on the Premises, Tenant covenants and agrees that Hazardous Substances, as defined in Section 5,5, will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Premises, except in accordance with all applicable laws, Tenant shall also not cause or permit any filling activity to occur on the Premises, This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Premises. Tenant shall neither commit nor allow waste to be committed to or on the Premises. If LEASE AGREEMENT - 3 (October 2013) (Between City of Kent and New Connections) Tenant fails to comply with all or any of the restrictions on the use of the Premises set out in this Subsection 5,2, the City shall notify Tenant and provide Tenant a reasonable time to take all steps necessary to remedy the failure. If Tenant fails to do so in a timely manner, then the City may take any steps reasonably necessary to remedy this failure, Upon demand by the City, Tenant shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Premises. The covenants contained in Section 5.2 shall survive expiration or termination of this Lease. 5.3 Conformance with Laws. Tenant shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Premises. 5.4 Liens and Encumbrances. Tenant shall keep the Premises free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Premises, Should a lien be recorded against the Premises arising from actions by the Tenant, Tenant shall have thirty days after written notice by City to remove the lien, 5.5 Definition — Hazardous Substance. "Hazardous Substance" means any substance that now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 19€ 0, 42 U.S.C. 9601 and Washington's Model Toxics Control Act, RCW 70.105D.010. 5.6 Miscellaneous. Tenant shall maintain smoke detection devices and carbon monoxide detectors in accordance with the manufacturer's recommendations, including the replacement of batteries as required for the proper operation of the smoke detection device and carbon monoxide detectors, Tenant shall properly dispose of all rubbish, garbage, and other organic or flammable waste in a clean and sanitary manner at reasonable and regular intervals, and Tenant shall assume all costs of extermination and fumigation for infestation caused by Tenant.. 6. IMPROVEMENTS. LEASE AGREEMENT - 4 (October 2013) (Between City of Kent and New Connections) 6.1 Tenant-Owned Improvements, Tenant shall be responsible for all of Tenant's improvements to the Premises. So long as this Lease remains in effect, Tenant shall retain ownership of all authorized Tenant improvements and trade fixtures it may place on the Premises (collectively "Tenant-Owned Improvements"), Tenant-Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Premises by the City or any Unauthorized Improvements as defined in Subsection 6.4 below. No Tenant-Owned Improvements shall be placed on the Premises without the Cty's prior written consent. 6.2 Construction. Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether City-Owned or Tenant- Owned), Tenant shall submit to the City its plans that describe the proposed activity. The City shall have fifteen (15) days in which to review the proposed plans. The plans shall be deemed approved and the requirement for the City`s written consent shall be treated as waived, unless the City notifies Tenant otherwise within the fifteen (15) days. The City`s consent and approval shall not be required for any routine maintenance or repair of improvements made by the Tenant pursuant to its obligation to maintain the Premises in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Premises. Any improvements shall be done in conformity with the Uniform Building Code and City of Kent regulations. All work performed shall be done in a workmanlike manner. The provisions of this section do not apply to obviate any permit requirements that may apply to the proposed activity. 6.3 Removal. Tenant-Owned Improvements shall be removed by Tenant by the Termination Date, so long as such removal does not damage the Premises and the Premises is restored to its original condition or better. If the Tenant- Owned Improvements remain on the Premises after the Termination Date, they shall become the property of the City without payment by the City. Any Tenant- Owned Improvements remaining on the Premises at the end of the term that the City deems need to be removed shall be removed by the City at the Tenant's expense, 6,4 Unauthorized Improvements, Improvements made on the Premises without the City's prior consent pursuant to Subsection 6.2 or that are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately become the property of the City, unless the City LEASE AGREEMENT - 5 (October 2013) (Between City of Kent and New Connections) elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option„ require Tenant to sever, remove, and dispose of them. If Tenant fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Tenant for the cost of removal and disposal. 7. ASSIGNMENT AND SUBLETTING. 7.1 City Consent Required. Tenant shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or the Premises without the City's prior written consent. In the event of such consent, each permitted transferee shall assume all obligations under this Lease.. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Tenant.. 7.2 Event of Assignment. If Tenant is a corporation, a dissolution of the corporation or a transfer (by one or more transactions) of a majority of the voting stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a partnership, a dissolution of the partnership or a transfer (by one or more transactions) of the controlling interest in Tenant shall be deemed, an assignment of this Lease. 7.3 Rent Payments Following Assignment. The acceptance by the City of consideration following an assignment or other transfer shall not constitute consent to any assignment or transfer. 8. INDEMNITY. 8.1 The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Tenant or Tenant's Residents) occurring on or about the Premises and caused by or resulting from any act or omission by Tenant, Resident, officer, agent, employee, guest, invitee, or visitor of Tenant or Tenant's Resident, and Tenant agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents of the City, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Premises or on any areas adjoining the Premises that is under the control or use of Tenant pursuant to this Lease and arising out of or in connection with Tenant's use and occupancy of the Premises, LEASE AGREEMENT - 6 (October 2013) (Between City of Kent and New Connections) including all legal costs and attorney fees, arising out of or in connection with this Lease, except for that portion of injuries and damages caused solely by the City`s negligence. 8.2 Should a court of competent jurisdiction determine that this Lease 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 Tenant and the City, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY, UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION.. This waiver has been mutually negotiated by the parties, 8.3 The provisions of this Section 8 shall survive the expiration or termination of this Lease. 9. INSURANCE. Tenant agrees to comply with the insurance requirements of Exhibit C at all times during the term of this Lease. 10. MAINTENANCE AND REPAIR. 10.1 The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Premises, or any part of the Premises, during the term of this Lease. 10.2 Tenant's Repairs, Alteration, Maintenance, and Replacement, (a) Tenant shall, at its sole cost and expense, keep and maintain the Premises, including the grounds, parking lot, and all improvements, in good order and repair, in a clean, attractive, and safe condition, (b) Tenant shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Premises or to any improvements on the Premises that may be required by any public authority. LEASE AGREEMENT - 7 (October 2013) (Between City of Kent and New Connections) (c) All additions, repairs, alterations, replacements or changes to the Premises and to any improvements on the Premises shall be made in accordance with, and ownership shall be governed by Section 6 above. 11.. DAMAGE OR DESTRUCTION. In the event of any damage to or destruction of the Premises or any improvements, Tenant shall promptly give written notice to the City. In the event of damage or destruction that renders the Premises unfit for Tenant's use, Tenant may terminate this Lease upon thirty (30) days' written notice to the City. 12. DEFAULT AND REMEDIES. 12A Event of Default, Tenant shall be in default of this Lease on the occurrence of any of the following: (a) Failure of Tenant to make the improvements as set forth in Exhibit 5; (b) Failure to observe or perform any of the covenants, conditions or provisions of this Lease, where such failure shall continue for a period of thirty (30) days after written notice from City to cure the default; (c) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (d) Failure to comply with any other provision of this Lease; (e) If proceedings are commenced by or against Tenant under any bankruptcy act or for the appointment of a trustee or receiver of Tenants' property, 12.2 City`s Remedies Upon Default. Upon an Event of Default, the City may terminate this Lease with thirty (30) days` written notice to terminate and remove Tenant by summary proceedings or otherwise, The City may also, without terminating this Lease, relet the Premises on any terms and conditions as the City in its sole discretion may decide are appropriate, If the City elects to relet, rent received by it shall be applied: (1) to the payment of any indebtedness other than rent due from Tenant to the City; (2) to the payment of any cost of such reletting; and 3) to the payment of the cost of any alterations and repairs to the Premises. LEASE AGREEMENT - 8 (October 2013) (Between City of Kent and New Connections) Any balance shall be held by the City and applied to Tenant's future rent as it becomes due, Tenant shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly. The City's reentry or repossession of the Premises under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless the City gives a written notice of termination to Tenant or termination is decreed by legal proceedings. The City may at any time after reletting elect to terminate this Lease for the previous Event of Default with ten (10) days' written notice. 13. ENTRY BY THE CITY. The City shall have the right to enter the Premises at any reasonable hour to inspect for compliance with the terms of this Lease upon forty-eight (48) hours notice, unless an emergency exists in which event the City may enter immediately, 14. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: The City: City of Kent Parks, Recreation and Community Services Attn: Superintendant of Facilities 220 Fourth Avenue South Kent, Washington 98032 Tenant: New Connections Attn: Randall Smith 422 west Titus Street Kent, Washington 98032 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable, 15. MISCELLANEOUS. 15.1 Authority. Tenant and the person or persons executing this Lease on behalf of Tenant represent that Tenant is qualified to do business in the State of Washington, that Tenant has full right and authority to enter into this Lease„ and LEASE AGREEMENT - 9 (October 2013) (Between City of Kent and New Connections) that each and every person signing on behalf of Tenant is authorized to do so, 15.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 15,3 Headings. The headings used in this Lease are for convenience only and in no way define, limit, or extend the scope of this Lease or the intent of any provision. 15.4 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. 15.5 Waiver. The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The City`s acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted, 15.6 Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 15.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 15.8 Language. The word "Tenant" as used in this Lease shall be applicable to one or more persons, as the case may be, The singular shall include the plural, and the neuter shall include the masculine and feminine. If there is more than one Tenant, their obligations shall be joint and several. The word "persons," whenever used, shall include individuals, firms, associations, and corporations.. 15,9 Invaliditv, If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease, 15.10 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to LEASE AGREEMENT - 10 (October 2013) (Between City of Kent and New Connections) a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for [ding County, Washington. 15.11 Modification, Any modification of this Lease must be in writing and signed by the parties, The City shall not be bound by any oral representations or statements. 15.12 Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. 15.13 Quiet Enjoyment, The City covenants and agrees that Tenant, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Premises during said term without any interruption by the City, its successors or assigns, or any person or company lawfully claiming by or through it, 15.14 Duplicate Originals, This Lease Agreement may be executed in duplicate originals, 'PHIS, AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF KENT NEW CONNECTIONS By: By: Print Name: Its:. Print Name: Suzette Cooke Date: Its: Mayor Date: (Notary Acknowledgements Appear on Next Page) LEASE AGREEMENT - 11 (October 2013) (Between City of Kent and New Connections) STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washinaton. residing at LEASE AGREEMENT - 12 (October 2013) (Between City of Kent and New Connections) STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and, said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the — of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washinaton, residina at P:\Civ11\Fi1es\0pen Files\0733-Human Services-2013\New Connections-Lease.2013.doc LEASE AGREEMENT - 13 (October 2013) (Between City of Kent and New Connections) KENT Agenda Item: Other Business — 8A TO: City Council DATE: October 1, 2013 SUBJECT: GreenPlay Agreement - Authorize MOTION: Move to authorize the Mayor to sign a Consultant Services Agreement with GreenPlay in the amount of $33,950 for its assistance in reviewing the City's recreation programs as a result of the recent efficiency study, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: At the 2013 City Council Retreat, the Council identified a number of priority items from the Efficiency Study (conducted by BERK and Associates) to further explore and discuss. One of those items under Level of Service was the review of recreation programs to better understand and determine cost recovery. Lori Hogan and Jeff Watling presented an approach to this task at the June 20, 2013, Parks Committee meeting. Following the discussion and feedback provided by the Committee members, a contract and scope of work was finalized with GreenPlay for $33,950 to assist the City in the completion of this work. At the Council meeting, Lori Hogan and Jeff Watling will provide an overview of the project including the work to be performed by City staff, work to be performed by GreenPlay, the public outreach component of this work, and the deliverables/outcomes expected at the completion of this contract. EXHIBITS: Consultant Services Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Parks Administration Professional Services Budget CITY OF KENT LAW DEPARTMENT CIVIL DIVISION O g, 0 T 220 4`"Avenue South w n0; NIG�➢T Q N Kent, WA 98032 Fax: 253-856-6770 PHONE: 253-856-5770 Memo To: Suzette Cooke, Mayor From: Jeff Watling CC: Date: September 16,2013 Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1 For Consulting Services with GreenPLay LLC The City's Parks, Recreation, and Community Services Department is requesting you waive the procurement requirements set forth in Administrative Policy 1.1 for consultant services from Green Play LLC. Purchases may be waived by the mayor upon a finding that either the materials, supplies, equipment, or services are clearly and legitimately limited to a single source of supply within the near vicinity, or that the materials, supplies, equipment, or services are subject to special market conditions, involve special facilities or services, or that a bid or the bidding requirements of KCC 3.70.030, would otherwise not be practicable or in the city's best interest under the circumstances, in which instances the purchase may be best established by direct negotiation. GreenPlay LLC would provide specialized sole-sourced professional parks and recreation planning and management advisement services. Through the use of GreenPlay's (proprietary) Pyramid Methodology, they would develop a Cost Recovery Model and Resource Allocation Philosophy for the City's Parks, Recreation and Community Services Department. The cost will not exceed $33,950. If you approve of this waiver under City of Kent Administrative Policy 1.1, the Parks, Recreation and Community Services Department requests that you indicate your approval by signing below. CITY OF KENT l Date: May r 5 zette Cooke / ICEIV0 waenua c,o CONSULTANT SERVICES AGREEMENT between the City of Kent and GreenPlay LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GreenPlay LLC organized under the laws of the State of Colorado, located and doing business at 211 N. Public Road, Suite 225,Lafayette, CO 80026; Phone: (303) 439-8369; Fax: (303) 664-5313; E-mail: Info@GreenPlayLLC.com (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: GreenPlay will develop a resource allocation and cost recovery philosophy, model and policy as described in Exhibit A: Scope of Work 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 June 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed thirty three thousand nine hundred fifty dollars ($33,950) plus applicable 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly 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 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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 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: Karon Badalamenti Lori Hogan, Recreation and Cultural Services GreenPlay LLC Supt. 211 N. Public Road City of Kent Suite 225 220 Fourth Avenue South Lafayette, CO 80026 Kent, WA 98032 E-mail: Info@GreenPlayLLC.com (253) 856-5067 (telephone) (253) 856-60650 (facsimile) (303) 439-8369 (telephone) 303 664-5313 facsimile APPROVED AS TO FORM: I Kent Law Department [In this fleld,you may enter the elactrnnlc Pllepath where the contract has been saved] 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 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Phaktladl(UJfApYMYads Aene916+R M.400en 5exa Corisultlnp Kent, WA - Parks, Recreation & Community Services Scope of work for developing a Resource Allocation and Cost Recovery Philosophy, Model and Policy GreenPlay Preliminary Proposal May 7, 2013 Project Lead —Ms. Lori Hogan Sent via email to: LHogan@l<entwa.gov Dear Ms. Hogan: GreenPlay LLC is pleased to submit our preliminary scope proposal outlining options to provide specialized sole-sourced professional parks and recreation planning and management advisement services. We are proposing an introduction to, and work sessions for GreenPlay's (proprietary) Pyramid Methodology using a fully facilitated process to develop your Cost Recovery Model and Resource Allocation Philosophy, Please note that the Scope of Work is provided in response to a "Sole Source Request" and may not be adopted for a competitive bidding process without written approval. GreenPlay has been providing Parks and Recreation assessments, plans, and related services for communities around the country since 1999, including developing Cost Recovery Models for cities, counties and special districts across the United States. Our GreenPlay team will include Karon Badalamenti as our GreenPlay Project Manager. Karon has extensive experience with this type of work, and in fact,was the project manager assisting MetroParks Tacoma in developing their cost recovery philosophy. Recently and presently, several cities and agencies in Pacific Northwest have undertaken this very work with great success. Our team will also consist of me, Chris Dropinski, CPRE, as Principal- in-Charge. We have developed very effective and efficient ways of communicating, producing and delivering high quality service, ensuring that your community is receiving the highest return on investment possible in this important work. We have worked with over 300 communities on various plans and using these tools and methodologies, and still treat each one as unique, providing customized community-specific results. Resource allocation and cost recovery models like the Pyramid Methodology are currently being taught in universities and used successfully around the country in agencies including: • City of Corvallis,North Clackamas, Tualatin Hills and Willamalone Parks and Recreation Districts in Oregon • The Cities of Coppell and Arlington in Texas and Glenwood Springs in Colorado • City of Carlsbad,San Diego County in California • City of Alexandria and Arlington County in Virginia • Montgomery County Department of Parks in the Maryland National Capital Parks Planning Commission (M-NCPPQ and the Montgomery County Department of Recreation in Maryland • Oakland County Parks and Recreation Commission in Michigan Page 1 �reedinpfdp81nf1$fkelh¢tiOM1 FndOpenSwtarnnJn!IInp GreenPlay has established the Pyramid Methodology as a model and ' philosophical approach to allocating taxpayer funds for partial orwholly subsidized services, setting fees, determining partnership contributions,or pursuing alternative funding sources depending on the beneficiary of the service. Task A. Strategic Kick-tiff GreenPlay will work with your senior staff to clarify desired project outcomes, specific staff involvement, workshop formats, and identification of additional materials necessary to start this process.This SKO will initiate the Cost Recovery work, collect information, and provide trainings as to what will be needed. This kick-off trip will include a meeting with your senior staff to clarify desired project outcomes, specific staff involvement, workshop formats, invitations, and logistics for each step. It will also identify additional materials necessary to start the evaluation process. Deliverables-Strategic Kick-Off One (1) one-day trip for meetings with senior management and your project team. • Determine Critical Success Factors, discuss senior staff responsibility and staff participation. • Confirm current agency Values, Mission and Vision • Introduce the Pyramid Methodology to the core project team • Present a short introduction of the methodology to City Manager's office and/or City Council • Facilitate discussions: o Project schedule and draft/final presentations to governing bodies o Public and Partner Involvement timeline o Definition of Cost Recovery staff participants and workgroups o Determination of locational or cost-centric matrices o Determination of contractor or partner participation o Evaluation of current budgeting processes,tools and cost recovery reports o Assessment of current pricing and resource allocation structures and policies o Discussion of Pyramid Methodology 10-Step Process, staff involvement and homework • Categories of Service • Definitions of Cost • Glossary of Terms • Determining cost of service provision • Goal setting Naga � 2 rAa�eadb6Elaetaex6,Annnawn AWOpenSpaee Cpqulling I. Task B. Cast Recovery Model and Resource Allocation Philosophy — The Pyramid Methodology Many agencies are using this methodology and in addition,several see its benefit and application for all special district, county and municipal services. Examples include: In Corvallis, Oregon,the Parks and Recreation Department,with the endorsement of the Parks, Recreation and Natural Areas Board (PNARB), are successfully using the methodology to increase their annual overall cost recovery and assure future service sustainability. Initial low hanging fruit ideas identified over$250,000 in annual cost recovery increase through obvious expense reductions,fee increases, and changes in processes and practices,without any impact to service. In San Diego County,the Director indicates that initial efforts are resulting in approximately$2 million positive cost recovery. In Springfield Oregon,the Willamalane Parks and Recreation District staff and several of their Board attended a national training on the methodology and then used it to develop their own philosophy and govern their decision making. The (former)Willamalane Deputy Superintendent,Jason Genck, had this to say: "We have had to make some challenging programming and budget decisions based upon the shifting needs it)our community. Thank God far the Cost Recovery[Pyramid)Model and our continued dedication to moving the model forward. It continues to establish common ground for challenging decisions, Our careful,strategic planning and conservative approach has given us the chance to seize many opportunities that have been presented in this tough economy. We are taking time to allow staff to establish the new thriving Willamalane Center by using our cost recovery model and other tools."-December 2010 Jason Genek, CPRP, Deputy£uaerintetaeient Willarnalane Park and Recreation District A Notionc?t Gold Medal Award Winninq Agency Jason is now the General Operations Manager for the City of Westminster in Colorado The City of Carlsbad,CA, is also a GreenPlay client whose leadership desires application across the entire municipal system, and they began with the Parks and Recreation Department to test the application. 1. "The Pyramid Model is just part of the whole strategy. The part 1 appreciate most is the [communityjfoirness issue. [The report has]laid a foundation for most, if not all of our future decisions." 2. "[The Pyramid Model]will need to be a dynamic tool as circumstances change. . . as community interests change and its ability to adapt to that." 3, This[model/report]provides support and fairness for us and captures the heart and values of the core positions and balance of our community,so i am very pleased to support this tonight and I believe this to be a very useful tool for us. Thank you for doing this. Mark Packard,Carlsbad,CA Counclimember GreenPlay's presentation at their meeting,June 9,2009, As part of GreenPlay's proposed process,we will evaluate current and expected cost recovery philosophies and expectations and will work with your staff and decision-makers to develop consensus on your intended goals. We will train your staff to use various tools and formulas to create programs for appropriate budgets and service pricing. 11 age 13 I REE LAKC ihei6etlP�pfJpploYd�is,Hfurea[pn � A,WOyan 9tl CbnPnm 1 Having a Cost Recovery Model and Resource Allocation Philosophy in place can help agencies answer challenging questions such as: • "Are your programs priced fairly and equitably?" • "How will you continue to fund your agency's facilities and services in relationship to future budget constraints?" • "Are you using your funding in a responsible manner?" • "Do you have a methodology for subsidy distribution? If so, is the process transparent?" • "Does the way that you charge for services (facilities, programs, etc.) support your agency's values,vision, and mission?" Establishing a well-crafted philosophy for cost recovery and subsidy allocation is the foundation for developing strong,sustainable financial management strategies.A solid philosophy will allow staff to recognize where subsidy is being applied,to determine if it is at an appropriate level, and to justify your agency's pricing structure, including costs for new services.Your staff will be an integral part of the decision-making process for setting expectations.They will learn how to apply agency tools and budget expectations to set equitable pricing based on consensual vision,values, and mission. Because the tool is guided by and created through the public involvement process, we establish buy-in, educate, and generate interest by being transparent and credible. Often the participating citizens, stakeholders, and partners, become the agency's greatest advocates and champions for future issues, sometimes establishing the grassroots support for taxation issues orfee increases.This collaborative process results in consensus for a foundational philosophy which underpins discussion and decision- making. In short,this method works! Development of Resource Allocation and Cost Recovery Philosophy This process provides a consensual approach to identifying agency resource allocation and cost recovery goals and provides formulas and structure for pricing decisions for all levels of the organization. We use the Pyramid Methodology, as illustrated below and developed by Green Play, LLC,to help develop a philosophy that details the level of subsidy necessary for your agency's services (facilities, programs, etc.). G!rcxFair„ The Pyramid The Pyramid Methodology is an effective Methodology management tool currently being utilized by agencies across the country to articulate the level of benefit that services such as facilities and programs provide as they relate to the Values,Vision, and Mission of an agency.This proven design leads to a logical determination Ill InNFr d'a4irt"bmnir�thuy, lr of resource allocation and subsidy/cost recovery goals, and future fees and charges. giil' Establishing guidelines and a methodology for �, such critical operational issues is imperative to I.i> ostfy CvtrprdjjA(ii gltflt`' sound fiscal responsibility,governmental ,111!,1 i!yiy accountability, and decision making. P a g e 4 i �:RE"6N L�frtc �I Poetatdlnp2Epain Pads,8attea�ion. AitlflpBnSpgLtrCUnrvfllnp The Pyramid Methodology engages your stakeholders, including community members, collaborators, decision-makers, and agency management and staff.This process also leads to recommendations for implementation. Deliverables- Resource Allocation and Cost Recovery Philosophy Development • Series of three multi-day trips to conduct Cost Recovery/Resource Allocation Workshops that may include continental breakfast, lunch, or dinner provided by the agency at your discretion (three full-day staff workshops and a minimum of two public meetings). • Workshop 1- Introduction and education on the Pyramid Methodology.;development of the Categories of Service for the agency, and determination of cost center pyramid needs. • Workshop 2a-A series of staff and public meetings including community representatives; sorting Categories of Service based upon each category's beneficiary and the values, vision,and mission. • Workshop 2b-Development of direct and indirect cost definitions with staff and identification of current cost recovery levels to establish baselines. • Workshop 3- Establishment of cost recovery/subsidy allocation target ranges/goals with staff, determine appropriate pricing strategies, and develop implementation steps. Task C. Final Resource Allocation and Cost Recovery Model Presentation Green Play will develop the final resource allocation and cost recovery philosophy report, model, and related policies, and present detailed information to your appropriate governing bodies as identified in the Strategic Kick-off meeting. GreenPlay will then revise yourfinal Report and Policy document for submission to your Agency. Deliverables of the Final Report and Presentations One trip to present the final document. • Cost Recovery Model and Resource Allocation Philosophy, Model, and Draft Policy • Recommendations for Implementation I 51P a belaatl�rtlTdpeln PaRr,Ratttalhn dREEXPLAYg andtltlenSpattrCpnrvltln0 Agency Investment — Facilitated Base Project — Firm Fixed Price Total Not to Exceed $33,950 The base project is proposed as a "Firm-Fixed Price"to provide the maximum cost savings to the agency. Task A. Strategic Kick-Off 1. Trip 1—one-day tentatively anticipated for Fall 2013 2. Onsite team meeting, introductory workshop, and planning $ 4,450 Task B. Resource Allocation and Cost Recovery Process 1. Trip 2—Workshop 1-Categories of Service and Definitions of Cost $ 6,550 2. Trip 3—Workshop 2—Sorting,Consensus Pyramid and Current Cost Recovery $10,650 3. Trip 4—Workshop 3 -Targets, Pricing and Goal Setting 6,550 Total Resource Allocation Process $23,750 Task C. Resource Allocation and Cost Recovery Philosophy, Model and Policy Presentation 1. Trip 5—Resource Allocation and Cost Recovery Philosophy, Model and Policy $ 5,750 As a cost savings measure, all materials, draft and final reports will be provided electronically for the client to print as necessary. For projects like this that include more than 100 hours of work, Green Play typically recommends and proposes using a Firm-Fixed Price model for compensation.This means that the contract is preliminarily based on a projected number of hours, but thatthe compensation is actually based on completion of pre-determined contracted tasks the Scope of Work within a pre-specified timeline.This usually works well for the client in that they will get all the work done that they need, regardless of how many hours during the timeline that it takes to do it,The firm fixed fee also means that all travel, reimbursable expenses, and deliverables are built into the per task cost. In the event that the contracted Scope of Work is changed by the client during the course of work, Green Play can adjust total contract fees accordingly based on the regular hourly rates.This portion of the project is proposed as a Firm-Fixed Rate Fee project. Additional Agency Investment a Professional Advisor on Retainer Additional meetings, advisement, projects tasks,support,facilitated workshops,etc. may be added to the initial proposed investment at our hourly or daily consulting rate: Hourly Consulting Rate $ 150 per hour Daily Consulting Rate (plus all travel expenses) $1,500 per day Potential Additional Services— Budgeting and Financial Definitions and Trainings Sometimes staff may need a "Budget and Financial Training" primer prior to the start of the resource allocation and cost recovery philosophy, model, and policy development process. This objective identifies the need for additional staff trainings on basjc budgeting,financial terms, and how the agency's staff should assess budgets, pricing, cost recovery, and basic financial and revenue expectations. GreenPlay can provide trainings with your financial staff, managers, supervisors, and operational staff who may require such training, and can offer curriculum for staff to create agency- specific training modules. I 61Page I rhnleaWntl Ed9a to Ead$Ne�reatlan i AnxOnanSp¢mCam�uMa t' The potential cost would be determined based on on-site or remote training/curricula,the number of staff and days designated fortraining, and whether or not these trainings can be combined with other on-site trips. This can be discussed and determined at the strategic kick-off meeting or at anytime during the course of the contract. ry Our work also includes, at no additional charge: Our commitment that for each task,we will quickly assess your current circumstances and provide what you need to move to the next level, rather than providing you a standard planning response, whether you need it or not. Our rates include: Professional staff, sub-consultant, and administrative salaries. La • All office overhead, equipment, utilities, and insurances. • Taxes, employee benefits, and Worker's Compensation. Administrative support staff and supplies and local travel Deliverables and meetings as outlined in the Scope of Work. • All travel expenses and time in the"Facilitated Base Project" scope of work Rates may not include (unless specified in the Scope of Work): Materials and services outside of the pre-specified Scope of Work(may include extra meetings, requested copies, and printing of work products). All travel expenses and time in the Professional Advisor on Retainer"three-year blanket contract period" scope of work. As a baseline:When billing hourly,GreenPlay's hourly rate is $150 per hour for all contracted professional consulting services.While the hourly rates may sound high relative to typical public agency staff pay rates, our fees comprehensively include the costs for our consultants and related administrative expenses, insurance, equipment,and other relevant costs associated with our services. We find that this rate is usually comparable to,or lower than, what an agency would spend for in-house staff. An additional benefit is that when the project is finished, the expense ends. Invoicing: Greenplay typically submits an invoice for payment to the project manager or primary contact person on a monthly basis. Each invoice includes a brief description of the services provided and percentage of Scope completed to date. Invoices past due over 60 days will accrue 1.5% interest per month. Otherstructures for compensation and payment can be negotiable prior to contract award. Project Delays: We understand that time is tax-payer money. GreenPlay team members strive to complete our projects in a timely and efficient manner. We will work with your Project Manager to set an expedient and realistic"scope of work end date." j Project Delay Policy There is an added cost for GreenPlay when projects are extended beyond a contracted end date, including staff reassignment, loss of capacity to perform other work, and administrative schedule changes that may impact other projects. Our policy takes into consideration delays due to operational and approval constraints, scheduling, and other internal and external factors.GreenPlay will discuss our typical policy regarding potential project delays upon contract award. 7 1 P a g e I 7daCeadly FABetn Ponka,Nurealion BidOpendpnoaGanrotling Our Commitment to You We understand that the current economic climate is driving agencies to examine "why" as well as "how' they use the taxpayer investment and that many agencies are either doing more with less or are trying to be financially sustainable while offering more services.Sometimes agencies have the resources to complete this kind of citizen-centric, systemic philosophical work on their own, and sometimes they require objective assistance. We would like to help you actualize this goal by providing you with this innovative scope of work,tools and methodologies foryour consideration. We believe that our previous experience provides us with the knowledge, processes, and insight necessary to create implementable plans and tools forthe Kent,Washington Parks, Recreation and Community Services Department.We pride ourselves on being available and accessible to your agency, and partnering with you to help achieve your goals. We have put togetherthis revised scope of work based on our understanding of yourfinal Cost Recovery Project Refined Scope utilizing the Pyramid Methodology,and based on our experience of delivering effective services. We look forward to working with you to help you continue your critical place at the table and assuring continued parks and recreation funding! If you have any additional questions, please feel free to contact us at the number listed below.Thank you for your attention and consideration. Respectfully, Chris Dropinski,CPRE Senior Principal and Managing Member Direct Phone: (303)870-8674 Email:ChrisD@GreenPlayLLC.com If you have any questions regarding this scope of work and fee, please do not hesitate to contact Karon Badalamenti, Principal and Project Manager, directly at (303)870-0021 or I<aronb@greenplayllc.com. Sincerely, Karon Badalamenti,CPRE and Principal,GreenPlay, LLC 8 Pa Z e EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 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 and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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 Contractor 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. 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 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION KENT Agenda Item: Action after Executive Session TO: City Council DATE: October 1, 2013 SUBJECT: Resolution of Intent to Set a Public Hearing Date for LID 365, SE 256th Street Improvements, 116th Ave SE to Kent-Kangley Road — Set Hearing Date MOTION: Recommend Council adopt a Resolution of Intent setting November 19, 2013 as the date for a public hearing on the formation of Local Improvement District 365, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: On March 5, 2013 The City of Kent Council formed LID 364 for the SE 256th Street Improvement project to help fund the $2 million funding gap. This LID was rejected and overturned by the participants 30 days later. LID 364 included properties that signed a "No Protest" covenant that allowed for development of the property without completing street improvements on 256th. They agreed to not protest the formation of a future LID to help pay for the improvements to the roadway. The City proposes to form a new LID, (LID 365) to include only these properties and collect the appropriate share of the costs for the road improvements as promised under the "No Protest' covenants. The total assessments for the proposed LID 365 is $365,643.48 and includes 24 properties. EXHIBITS: Resolution of Intent RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This amount was anticipated as part of the total project budget. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent- Kangley Road to 116th Ave SE; and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on November 19, 2013. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, 1 Resolution of Intent - LID No. 365 erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent-Kangley Road to 116th Ave SE, as more fully described in Exhibit B, attached hereto and by this reference made a part hereof. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Public Works Director of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. SECTION 2. The total estimated cost and expense of the improvements is declared to be approximately $7,000,000.00, approximately $4,634,000 of that cost and expense shall be paid by the City, approximately $2,000,000 of that cost and expense shall be paid by grants, and the balance thereof (an estimated $365,643) shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established. The local improvement district is to include as nearly as practicable those properties specially benefited by the improvements that were required as a condition of property development to participate in a local improvement district for the identified improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. 2 Resolution of Intent - LID No. 365 SECTION 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law. This resolution also shall be published in its entirety in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. SECTION 4. All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7:00 p.m. on November 19, 2013, which time and place are fixed for hearing all matters relating to the improvements and all comments thereon and objections thereto and for determining the method of payment for the improvements. All persons who may desire to object thereto should appear and present their objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the 3 Resolution of Intent — LID No. 365 date of passage of the ordinance ordering the improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. SECTION 5. The City's Public Works Director is directed to submit to the City Council on or prior to November 19, 2013, all data and information required by law to be submitted. SECTION 6, Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this 1't day of October, 2013. CONCURRED in by the Mayor of the City of Kent this day of October, 2013. SUZETTE COOKE, MAYOR ATTEST: RONALD MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY 4 Resolution of Intent — LID No. 365 Exhibit A L.I.D. Boundary Description L.I.D 365 — SE 256th Street Improvements Those portions of the south half of Section 20 and the north half of Section 29, both in Township 22 North, Range 5 East, W.M., King County, Washington, described as follows: Lots 1, 2 and 3, City of Kent Short Plat No. SP-83-8 recorded under auditors file no. 8412050348, being a portion of the west half of the southwest quarter of the southeast quarter of said Section 20. TOGETHER with Lot 1, Ulle-Land No, 1, being a portion of the south 150 feet of the east half of the southeast quarter of the southeast quarter of said Section 20, except the south and east 30 feet for roads, according to the plat thereof recorded in Volume 65 of Plats, page 94, records of said county; AND TOGETHER with Lots 1 through 14 inclusive of Olympic Estates, being a portion of the northeast quarter of the northeast quarter of the northeast quarter of said Section 29; except the south 320 feet of said subdivision; and except the north and east 30 feet thereof for roads, according to the plat thereof recorded in Volume 118 of Plats, page 24, records of said county; Except that portion conveyed to the City of Kent by deed recorded under auditors recording no. 19991025000337, records of said county. AND TOGETHER with Units 15A, and 15B, Building 15 and Units 16A and 16B, Building 16, Olympic Estates Condominium, according to the declaration thereof recorded under auditors file no. 9603040912 and any amendments thereto; said units as located on survey map and plans filed in Volume 131 of Condominiums, Pages 54 and 55, records of said county; AND TOGETHER with that portion of the northeast quarter of the northwest quarter of said Section 29 more particularly described as follows: Beginning at the northeast corner of said subdivision; Thence south along the east line of said subdivision 30 feet to the south margin of County Road, also known as "Middle Road" (now known as Southeast 256th Street), and the True Point of Beginning; Thence south, continuing along said east line, 1 Exhibit A to Resolution of Intent LID No. 365 319.65 feet; Thence north 65008'00" west to the southerly prolongation of the westerly line of the land conveyed to Dennis J. Mullen and May Mullen by deed recorded under auditors recording no. 3743246, records of said county; Thence northerly, along said prolongation and said westerly line, 272.72 feet to said south margin of Southeast 256th Street; Thence easterly, along said south margin, 90.00 feet to the True Point of Beginning. AND TOGETHER with that portion of the northeast quarter of the northwest quarter of said Section 29 more particularly described as follows: Beginning at the intersection of the northeasterly margin of Black Diamond Road, being 60 feet in width, said road also known as Kent Kangley Road, with the south margin of Julius Johnston Company Road, being 60 feet in width, said road also known as Southeast 256t" Street; Thence north 88057'00" east, along said south margin of Southeast 256th Street, 221.43 feet to a point on the west line of the east 615.22 feet of said subdivision; Thence south 4021'33" east, along said west line, 168.92 feet to a point on the northeasterly margin of said Kent Kangley Road: Thence north 54056'23" west, along said northeasterly margin, 286.15 feet to the Point of Beginning; Except that portion conveyed to the City of Kent by deed recorded under auditors recording no. 6428940, records of said county. M0 N 04. Z. s �° A - 2 Exhibit A to Resolution of Intent LID No. 365 Exhibit B Description of Improvements L.I.D 365 — SE 256th Street Improvements The overall project limits for SE 256th Street are Kent-Kangley Road to the west at the 'Y' intersection and 116th Ave. SE to the east. The roadway improvements include but are not limited to: • Widening to 3 lanes with a center left turn lane • Bicycle lanes in both directions • Installation of cement concrete sidewalks and driveways • New roadway pavement section • Curb and gutters • Storm drainage system with detention and treatment facilities • Relocation and adjustment of existing utilities and other improvements such as fire hydrants, manholes, water meters, valve boxes, monuments, utility poles, street light poles, mailboxes, fences and signs as necessary • Channelization • Traffic signs • Street trees • Planter strips between the curb and sidewalk • Street lighting • Erosion control both temporary and permanent • Retaining walls where necessary • Undergrounding of electrical facilities • Wheel chair ramps in the curb and sidewalk at the intersections • Traffic signal revisions as necessary at both ends of the project • Utility stubs and extensions as necessary • Removal of existing improvements as necessary 1 Exhibit B to Resolution of Intent LID No. 365 CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Resolution No. (the "Resolution") is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on October_, 2013, as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this day of October, 2013. CITY OF KENT, WASHINGTON RONALD MOORE, CITY CLERK P:\Civil\Re�lution\LID 365 R soludon Of Intent.Doc CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. October 1 , 2013 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT October 1, 2013 w s v ro Council Chambers Mayor Suzette Cooke Council President Dennis Higgins Councilmember Elizabeth Albertson Councilmember Bill Boyce Councilmember Jamie Perry Councilmember Dana Ralph Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. King County/Seattle Public Health — Medicaid/Health Benefit Expansion Erica Nuerenberg 20 minutes 2. 2014 B&O Project List Tim LaPorte 40 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. Proclamation for "Releaf" 2013 at Clark Lake Park D. Intergovernmental Reports 5. PUBLIC HEARINGS A. 2014 Mid-Biennium Budget — First Public Hearing B. 2014-2018 Capital Improvement Plan — First Public Hearing 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop — Approve B. Payment of Bills — Approve C. Excused Absence for Councilmember Perry for September 17, 2013 - Approve (Continued) COUNCIL MEETING AGENDA CONTINUED D. Renewal of New Cingular Wireless Cell Site Lease at Lake Fenwick Park — Authorize E. Interlocal Agreement with the City of Tukwila for the Briscoe Levee — Authorize F. 2014 Washington State Arts Commission Project Support Grant — Accept G. New Connections Lease Agreement — Authorize 8. OTHER BUSINESS A. Green Play Agreement — Authorize 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. POTENTIAL LITIGATION - Resolution of Intent to Set a Public Hearing date for Local Improvement District 365 — SE 256th Street Improvements, 116th Ave SE to Kent-Kangley Road — Set Public Hearing Date 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. co m 0 n n < `< s a �. m m n M a s C co G ° j d vmi ° n' O d • � o ooi` 3a m m '^. a a m nm a no 0 a M d my m m mQ d O V,1 Z '-J' N W � m � 4j °'0 � � d 0 tt. nn Vl JO � Op_� am CO n m Q T` m T. 01 m a a � a ,01. � m °' s S • 0 m m m C m 0 ° S ° A. - O `G m m d 4 0 rt m J o m o _. rt < n m m o rt n m c m n n 4 rt M O �; a J J O _0 m '< d n • N m < O N R J p C ] N N C N O (l n -T` o m a < o rt m M. w, Ul m 01 m � n m m o m a m d a � a s a a m a 0 o N J � lIi J m n 7 N 7 G n m y F+ (7 In p� UI rt m N Dm O GG Q 0 n rt D O n Z V � 'O O m O Ul m N n OJ d N m O m OO CH W U N w m O J C O tt a 1 7 N • J 3 N ti n m n 0 G �Ip � v m c �• m U4 M m 2 V m O O � m 3 0 v 3 0 v i m a m 3 m O v 3 d O n s o o D o o m m a o o n ° D - o m s D D s m s m a cP m J Q m Q 3 o m a Q d m 3 ( 0 m o C rt 3 3 m 3 a C O a C1°. m W = d rt m a ° m0 aQ ° H am � 3 0aJnm33J '^ mnnZ � 01Jn mMC G 1 m J -n n n �' um n M -° a < m 1 n 01 m Q s 0 1 s :� 3 m n 1 D m a 01 0 1 m m m m m O r -°o m m m J = N m o = • � , d oJ • RD � QJ = a. xm art. =. 3 ' � S � 33n . m'< o � m a O !^. am ''�. -a Sn � � � c w � � N m m � � D aQo m3 0 � � a � m n � 6� m � � m � M v. o moms aJ � D ns ' � � mumJ � m ; .°o3 � C mn � rtn 03 m N S = 3 ``G J C m Z 3 m N N O n m ° O O N Z n °' 3 a 3 om W W C °� O S N vmi S O O 3 (' -M O m m m m C O d 1 O J n H Y Y j n m d m W d ° O -° d m 1D a 3 n o n s m m m a °- mG r .. d n 1° D aim -oo ,'� 37 Z; n n � nW m1mD ° " 3 � s � n ^ ON moon ° ° J °' Cm a - 3 m G a (D m 3 a 3 - m 3 , C 3 a - J 3 a (DC d J Q m ° � n m C m m _ 0 7 _ 3 3 C y 'm Ammo 3 0 o 'n a °- ,J'.o o_ D rt a m m S (D m m o m Q m m n � o m m _ oO M a m �O m e m c v m . 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Proclamation for "Releaf' 2013 at Clark Lake Park D) Intergovernmental Reports PROCLAMATION Whereas, the City of Kent has a strong and active volunteer community; and Whereas, connecting with others and working together through volunteer service will unite the diverse groups in our community to undertake and complete a successful project; and Whereas, since 2002 the City of Kent has held a ReLeaf volunteer event to focus on reforestation and revegetation of Clark Lake Parkin Kent; and Whereas, since then, 831 volunteers have planted and cared for trees as part of ReLeaf, contributing over 2,136 hours with a value to the City of nearly $48,465; and Whereas, volunteer service is an investment in the future we all must share and contribute to; and Whereas, Kent Parks, Recreation and Community Services Department is dedicated to enriching lives by providing safe and inviting parks, open spaces and facilities, and Whereas, Clark Lake Park's 130 acres provides walking trails, a sparkling lake and habitat for numerous species; NOW THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim the day of Saturday, October 12, 2013 as ""FtELEAF" 2013 A7' LA E PARK In the City of Kent, and I encourage all citizens to join me in recognizing the importance of this observance by volunteering your time to help in our community. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 1st day of October 2013. P Suz¢tW ooke, Mayor tie pj "" ? cad k � '{ KENT WASHINGTON KENT Agenda Item: Public Hearings — 5A TO: City Council DATE: October 1, 2013 SUBJECT: 2014 Mid-Biennium Budget — First Public Hearing MOTION: No action required. SUMMARY: This is the first public hearing on the 2014 mid-biennium budget at the regular City Council meeting. Public input is welcome as the City begins to prepare the 2014 mid-biennium budget. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: None KENT Agenda Item: Public Hearings — 513 TO: City Council DATE: October 1, 2013 SUBJECT: 2014-2018 Capital Improvement Plan — First Public Hearing MOTION: No action required. SUMMARY: This is the first public hearing on the 2014-2018 Capital Improvement Plan. Public input is welcome as the City begins to prepare the 2014-2018 Capital Improvement Plan. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: None 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 H. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of September 17, 2013. 7B. Approval of Bills. Approval of payment of the bills received through August 31 and paid on August 31 after auditing by the Operations Committee on September 17, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 8/31/13 Wire Transfers 5586-5598 $1,764,245.11 8/31/13 Regular Checks 675991-676543 3,739,442.56 8/31/13 Use Tax Payable 2,316.14 $5,506,003.81 Approval of checks issued for payroll for August 16 through August 31 and paid on September 5, 2013: Date Check Numbers Amount 9/5/13 Checks 332804-332952 $ 98,413.12 9/5/13 Advices 318414-319058 1,209,227.88 $1,307,641.00 11 � KENT Kent City Council Workshop September 17, 2013 The meeting was called to order at 5:31 p.m. by Council President Dennis Higgins. Councilmembers present: Higgins, Thomas, Boyce, and Ralph. Councilmember Albertson and Perry were absent. Councilmember Ranniger arrived at 5:57 p.m. Senate Transportation Hearings. Michelle Wilmot discussed the Senate Transportation Hearings and a letter she prepared for mailing to the legislature which highlighted the concerns of the City of Kent. She noted that the letter strongly recommends the legislature pass a transportation package that includes funding to complete the SR 509/SR 167 "Gateways Project" and to assist with the completion of the 228th Street/Union Pacific Railroad Grade Separation. Council President Higgins added that he would also like to see a section in the letter that addresses the funding of King County Metro Transit services. Councilmember Boyce inquired about the gas tax and Wilmot replied that the prime concern is that there be no strings attached to the distribution of the funds. The funds, she said, must directly fund the needs of the city of Kent and other municipalities. Council President Higgins noted that a sunset clause may or may have been identified and the Council should pay attention to specifics. Councilmember Ralph stated that she didn't think the gas tax funds would come back to the cities. Councilmember Thomas said he was ok if the letter is coming from the Council President, but he didn't want it coming from the Council as a whole. Council President Higgins said he could submit it as the Council President only. Brubaker communicated that the Council can vote on the letter and either have it come from the majority through a vote or determine how the rest of the Council feels about it and add the appropriate names. Council President Higgins, Councilmember Ralph, and Councilmember Boyce communicated that they were ok with having their names on the letter and Brubaker stated that Wilmot can communicate with the other Councilmembers to see if they want their names included in the letter. Downtown Subarea Action Plan. Planning Director Fred Satterstrom discussed the item. He noted that there are some actions that the Council will have to take in the next month and some to execute after the plan is adopted. Downtown has been a Council target issue for years, he said, and displayed a copy of the Kent Downtown Plan from 1966. He pointed out that many of the items in the 2005 Downtown Plan have been executed. Satterstom communicated that the downtown area has expanded since the 2005 Downtown Study Area. He discussed the downtown Kent City Council Workshop Meeting September 17, 2013 stakeholder interviews and the vision that came about those studies. The planning principals, he pointed out, are Economic Vitality, Enjoyable Outdoor Space, Urban Livability, Neighborhood Capability, Memorable Downtown Experience, Pedestrian Priority, and Environmental Sustainability. He communicated that Urban Livability was the most important and had the highest interest in the study. He displayed a video of some people that were surveyed about their vision for downtown Kent. City Planner Gloria Gould-Wessen stated that this is a two-phase approach with the first phase being an update of the Comprehensive Plan, map amendments, and a Code amendment. She stated that this Downtown Subarea Action Plan (DSAP) completely replaces the 2005 Downtown Strategic Action Plan. She stated the plan provides three alternatives for growth and staff prefers alternative two which balances the jobs and growth efforts. It also provides adequate housing and jobs which adequately provide for the growth management act levels assigned. She discussed the themes of the DSAP (livability, economic vitality, safety, outdoor gathering space, compatibility, and sustainability) and several enhancements such as improved street and area lighting, business development and redevelopment, mixed uses, and repositioning parks to better serve the community. She communicated that compatibility deals with having appropriate ways to move the residents into downtown and improving pedestrian and bicycling routes. She presented the land use plan maps and the zoning district maps and discussed the staff proposal to grow the urban center (UC) and changing the Comprehensive Plan land use of another area to industrial (I). She noted that doing this will satisfy the King County requirement for urban centers. She explained the aggregated staff proposed rezones and noted that there are residents residing near the ShoWare that are in favor with the rezone. Councilmember Ralph and Councilmember Ranniger inquired about zoning in the North Park area. Gould-Wessen replied that the staff came to the realization that to encourage the size of development to make it worthwhile the area has to be rezoned and have the potential for redevelopment. Councilmember Thomas also inquired about another area next to the one Councilmember Ranniger pointed out and Gould-Wessen replied that the intention is to maintain the buffer to the residential neighborhood. Councilmember Thomas discussed having all of the areas in the CP land use plan map be zoned the same and Council President Higgins pointed out that there is a difference between land use and zoning. Council President Higgins communicated that the rezone would only affect ten properties and Gould-Wessen stated that the Land Use and Planning Committee has looked at them. Councilmember Ralph encouraged the Council to listen to the LUPC meeting. Gould-Wessen stated that there are abandoned buildings on Meeker and the need for investment in that area. She noted that based on the survey and questions to the community the City wants something done. She communicated that rezoning the area to DCE allows the heights to be higher and they anticipate a 65 foot building in the zone. 2 Kent City Council Workshop Meeting September 17, 2013 Gould-Wessen communicated the mixed use overlay amendments and noted that the mixed use definition would be revised, there would be an increase in the GC-MU building height, a design review would be added, and the mixed use standards for GC-MU would need to be amended. She communicated that in October this item goes to the Economic and Community Development Commitee and, in November, the Council will review it. She continued and stated that in Phase II there will be planned action and infill exemption, an update of the downtown design guidelines, and amendments to development regulations. Economic and Community Development Director Ben Wolters communicated that the economic development initiatives will be a planned action ordinance, the Meeker Revitalization Initiative, work done on outdoor gathering spaces/parks, and a citywide economic development strategy to include more upgraded housing choices. He noted that revitalization initatives have done well across the nation and the Meeker Revitalization Initiative will take place between 2nd and 4th on Meeker. Satterstrom thanked Councilmember Perry for her service on the downtown steering group and Randal Smith for his work on the committee. The meeting adjourned at 6:29 p.m. Ronald F. Moore, MMC City Clerk 3 KENT Kent City Council Meeting September 17, 2013 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Ralph, Ranniger and Thomas. Councilmember Albertson arrived at 8:04 p.m. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins added Consent Calendar item 7(J), an excused absence for Councilmember Albertson. Interim Chief Administrative Officer Brubaker communicated that there will be an executive session, as authorized per RCW 42.30.110(1)(b), concerning property acquisition. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. Mayor Cooke communicated that the Harlem Globetrotters had an event at the ShoWare Center and Kent was recognized as getting a "Money Ball" because the attendance to the event has increased in each of the previous three years. B. Community Events. Mayor Cooke announced that the "Crop Walk" will be on October 6 at 1:00 p.m. at the Kent Lutheran Church. She added that proceeds go to the Kent Food Bank, the Homeless Men's Shelter, and the Community Supper at the church. Councilmember Thomas communicated that the Barnum & Bailey Circus will be at the ShoWare from October 3-6. Councilmember Ralph communicated that the 2013-2014 Spotlight Series is going on and discussed the specific plays. Councilmember Thomas communicated that there is a casino event at a Kent "sister" Kiwanis Club on September 28. C. Introduction of Lodging Tax Advisory Committee Appointee. Mayor Cooke introduced Tim Higgins, the new Lodging Tax Advisory Committee member. Tim Higgins thanked the Mayor for the appointment and communicated that having a seat on the board will help the communication flow easier to the ShoWare. He thanked Councilmember Thomas for the mention of the circus event. D. Proclamation for National Public Lands Day at Park Orchard Park. Jeff Watling, Parks and Recreation Director accepted the proclamation and communicated Kent City Council Minutes September 17, 2013 that National Public Lands Day has been going on for six years and the event will occur on September 28. E. Public Safety Report. Police Chief Ken Thomas presented the September 2013 Public Safety report. Car prowls have reduced over the past year and auto thefts are still relatively high, but it is a regional issue, he said. He communicated that robberies have jumped due to it being summertime and the influx of iPhone and iPad robberies. He noted that residential burglaries are going down slightly and commercial robberies are, unfortunately, going up. He presented the Police Chief's Life Saving Award to Officer Jeff Kuzack who used his police-issued automated external defibrillator (AED) to revive a resident who was experiencing a heart attack. Chief Thomas noted that this is Officer Kuzack's second life-saving award in two years. He read a letter from the crew of firefighters who arrived on the scene, applauding the efforts of Officer Kuzack. Thomas presented Officers Joe Mello, Justin Davis, Jason Phelps, Justin Rausch and introduced new Correctional Officer Amber Brunelle to the Council and public. He discussed their backgrounds and Mayor Cooke swore the officers in. He noted that the next quarterly open community meeting is this Thursday at 7:00 p.m at Horizon Elementary School. Councilmember Boyce confirmed that all vehicles are equipped with an AED. F. Intergovernmental Report. Council President Higgins said the King County Regional Transit Committee meeting was cancelled for September 18 and will meet in October and that the King County Chemical Dependency and Oversight board will also meet in October. He discussed the King County Regional Policy Committee and the main topic was the solid waste interlocal agreement extension and that the city of Bellevue didn't execute the agreement. He stated that Seattle also hasn't signed the extension. Councilmember Ralph communicated that the South County Area Transportation Board (SCATBD) met this morning and the Puget Sound Gateway Project completion of State Route 509/State Route 167was discussed. She noted that Washington State exports $111 billion in goods and products and this project is crucial to the economic vitality in this area and keeping the ports competitive. She noted that the King County Regional Law and Safety & Justice Committee meets on September 26 and they will be discussing affordable health care and its impacts on the criminal justice system. Councilmember Boyce attended the Sound Cities Association (SCA) meeting and said the non-execution of the solid waste interlocal agreement extension upset cities, but a draft extension agreement should be ready by October 29 for SCA and going to the King County Council on November 27. PUBLIC COMMENT 1. Tom Brice, Kent, presented a petition against the sale of the Par 3 golf course to the City Clerk. 2. Perry Sobolik, Kent, discussed the utility committee and said he received a shut off notice for his water. He said the customer service department was friendly and voiced his disapproval of having to pay a $30 fee for the shut off notice. He said 2 Kent City Council Minutes September 17, 2013 that a $30 fee for the cost of paper, postage, and an envelope seems punitive and the people who are struggling can't afford it. He said it doesn't seem fair to charge the fee. However, he said he had to pay the fee. He suggested someone look into the fee and any others. Mayor Cooke communicated that Councilmember Thomas will look into the water shut off fees. Councilmember Thomas stated that the banks charge $35 per bad check. CONSENT CALENDAR Council President Higgins moved to approve Consent Calendar Items A through 3, seconded by Councilmember Thomas. The motion carried and the following items were approved: A. Minutes of the workshop and regular Council meeting of September 3, 2013. B. Payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 20, 2013. Checks issued for vouchers: Date Check Numbers Amount 7/31/13 Wire Transfers 5553-5566 $1,243,227.03 7/31/13 Regular Checks 675004-675381 3,543,602.38 7/31/13 Use Tax Payable 387.38 $4,787,216.79 Approval of checks issued for payroll for July 16 through July 31 and paid on August 5, 2013: Date Check Numbers Amount 8/5/13 Checks 332515-332661 $ 118,441.57 8/5/13 Advices 317109-317760 1,229,266.12 $1,347,707.69 Approval of payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on September 3, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/13 Wire Transfers 5567-5585 $1,605,558.35 8/15/13 Regular Checks 675382-675990 2,503,922.78 8/15/13 Use Tax Payable 4,830.79 $4,114,311.92 Approval of checks issued for payroll for August 1 through August 15 and paid on August 20, 2013: 3 Kent City Council Minutes September 17, 2013 Date Check Numbers Amount 8/20/13 Checks 332662-332803 $ 106,227.78 8/20/13 Advices 317761-318413 1,209,260.47 $1,315,488.25 C. Excused Absence for Councilmember Albertson. Councilmember Albertson was unable to attend the September 3, 2013 Council meeting. D. Ordinance Amending Kent City Code 8.01 — Establishing "Chronic Criminal Nuisance" — Adopt. Ordinance No. 4088 amending Ch. 8.01 of the Kent City Code, entitled "Public Nuisances," to establish a "chronic criminal nuisance" that exists when three instances of criminal conduct occur on a property within a one year period and do not involve the property owner or occupants being the victims of the criminal conduct or contacting the police to report the criminal conduct, was approved. E. Ordinance Amending Kent City Code 15.02 and 15.04 regarding Group Living Facilities — Adopt. Ordinance No. 4089 amending Chapter 15.02, entitled, "Definitions," by adding and amending sections, and correcting a publishing error in section 15.02.173; amending Chapter 15.04, entitled, "Residential land uses," amending zoning districts and residential land use development conditions; and updating the code for consistency with state laws and regulations, was approved. F. Lodging Tax Advisory Committee Appointment — Confirm. The Mayor confirmed the appointment of Tim Higgins to the Lodging Tax Advisory Committee. G. Kent Public Facilities District Board Member Reappointment — Confirm. The Mayor confirmed the reappointment of Mike Miller to the Kent Public Facilities District Board. H. 2014 Mid-Biennium Budget — Set First Public Hearing Date. October 1, 2013 was set for the first public hearing date for the 2014 Mid-Biennium Budget. I. 2014-2018 Capital Improvement Plan — Set Public Hearing Date. October 1, 2013 was set for the first public hearing date for the 2014-2018 Capital Improvement Plan. OTHER BUSINESS A. Karras Consulting Services Interim Chief Administrative Officer Tom Brubaker communicated that this item involves hiring an outside recruitment firm to locate a new Finance Director because current Finance Director Robert Nachlinger resigns on December 31, 2013. He communicated that the Operations Committee expressed concerns that there could be a new Mayor and an Interim Chief Administrative Officer. He stated that the hiring process will take four to five months and communicated the process. He added that the firm has communicated that even if expedited the new Finance Director probably wouldn't be in place until the end of January. 4 Kent City Council Minutes September 17, 2013 Council President Higgins moved to authorize the Mayor to sign an Agreement with Karras Consulting, Inc., and all other documents necessary and consistent with that Agreement, in an amount not to exceed $26,280, plus limited travel costs, to assist the City in recruiting a replacement for the City's retiring Finance Director, subject to approval of final terms and conditions acceptable to the Human Resources Director and the City Attorney, seconded by Councilmember Ranniger. Councilmember Thomas communicated that he would be voting against this because of the timeline and felt the talent pool within the City should be considered to fill this position. He stated that the Operations Committee could not come to a conclusion on this item. Councilmember Boyce opposed this because it is too early and felt there is staff in- house that can fulfill the requirements of this position. He added that the City could advertise this and obtain a candidate. He added that there are talented people out in the market who could possibly qualify and for $25,000 he is sure that Bob could come back for a couple of weeks to be a consultant. He also added that there are national publications that this can be advertised in. Councilmember Ranniger stated that she has two concerns. One is with advertising and the other is with whether there is talent in-house to do the job. She inquired if the process is to select the new Finance Director after the Mayor race is concluded. Brubaker replied and Councilmember Ranniger felt the Council could move ahead with a process. She inquired what the advantage would be to use an outside consultant and Brubaker replied that the position is important and is hard to fill. He stated that the Human Resource Director picked this firm because they have expertise with finding candidates and have a pool of excellent candidates. Mayor Cooke communicated that the City has both the Finance Director and the Chief Administrative Officer (CAO) position to fill and the Finance Department and Human Resource Departments are being stretched. She communicated that the consultants could do a thorough job, provide additional background information, and can communicate with people who are employed who may be interested in this job. Councilmember Ranniger verified that the motion is only for the Finance Director position and wondered if there was any thought in using the consultant for both positions. Mayor Cooke replied that the CAO position wasn't discussed and isn't as urgent as the Finance Director. Brubaker communicated that once the election is completed the CAO position will be considered. He said there is a lot of recruiting to be done because of a high number of retirements in the staff, to include one of the Human Resource recruiters. Councilmember Albertson arrived at 8:04 p.m. Councilmember Ralph stated that she will not be supporting this and felt that the City should advertise in national publications and do the recruitment themselves. 5 Kent City Council Minutes September 17, 2013 Council President Higgins moved to postpone this item until the October 1 meeting, seconded by Councilmember Albertson. Councilmember Boyce verified that Council President Higgins wants the full council available to consider this motion. Councilmember Albertson said she is in favor of the motion because she just arrived from the Senate hearings and hasn't heard all the discussion. Councilmember Thomas stated he wasn't in favor of the motion A vote was taken on the motion on the table. Council President Higgins, Councilmember Ranniger, and Councilmember Albertson voted in favor. Councilmember Thomas, Councilmember Ralph, and Councilmember Boyce dissented. Motion failed 3-3. Councilmember Thomas moved to postpone the item indefinitely, seconded by Council President Higgins. Council President Higgins, Councilmember Ralph, Councilmember Albertson, Councilmember Thomas, and Councilmember Boyce voted in favor. Councilmember Ranniger dissented. Motion carried 5-1. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Higgins discussed the workshop and summarized that there was a report from Economic and Community Development (ECD) staff concerning the Downtown Subarea Plan. He noted that the staff recommendation and the ECD Committee proposals were heard. He pointed out that it was announced that most of the goals from the 2005 plan have been completed. He appreciated the presentation and said it will be going to the ECD Committee and Council in early November. He discussed the Senate Transportation Hearings and said the letter was reviewed by the Council. He noted that he will sign the letter and other Councilmembers are welcome to sign it. . B. Mayor. Mayor Cooke discussed the Heritage Bank ribbon cutting and encouraged the Council and public to visit their display of Kent's history inside the bank. She stated that there was a meeting last week by the King County Executive Flood Control District Board with FEMA and it was communicated that flood insurance rates are going significantly up. She stated that it is critical to have properties mapped to determine if they aren't in the flood plains. She stated that FEMA has stated that the maps will be done in about five years and will be reflect how the levees will be in 2016. She continued and thanked the Kent4Health volunteers for their participation in the event in Renton. She stated that Thursday she will be at the Interstate 405/State Route 167 advisory group meeting and there is a high amount of pressure for the City to accept three-person HOV lanes. She said she isn't in favor of it on State Route 167, but felt there may be room for it on Interstate 405. She noted that the Kent Downtown Partnership has been very engaged with the Downtown Subarea Plan and their breakfast is Friday morning at ShoWare. 6 Kent City Council Minutes September 17, 2013 C. Administration. Interim Chief Administrative Officer Brubaker stated there will be an executive session for 10 minutes. D. Economic & Community Development Committee. In the minutes. E. Operations Committee. In the minutes. F. Parks and Human Services Committee. Councilmember Ranniger stated that there will be a discussion on September 19 in the Council Chamber at 5:00 p.m. about the financial challenges concerning the golf course. No decision making will occur, she said, and the meeting is a part of the ongoing exploration concerning the shortfall and how to make the golf system sustainable. . G. Public Safety Committee. In the minutes. H. Public Works Committee. Councilmember Albertson stated that there was a Public Works Committee meeting last night concerning cuts to bus service in Kent. She said mostly the east-west routes within Kent and travel within King County would be cut and that the north-south routes that bring residents to Seattle aren't affected. She discussed the Senate Transportation Hearings, where Kent stands, and said that the location and times of the meetings are on the City's website. She noted that the next meeting is on October 7. I. Regional Fire Authority. Councilmember Thomas communicated that there was a 4-3 vote for the city of SeaTac to execute an agreement to procure fire protection services from the Regional Fire Authority. Mayor Cooke announced that she has executed a proclamation naming September 28, 2013 as "Mayor's Day of Concern for the Hungry." RECESS At 8:27 p.m., Mayor Cooke called for a two minute recess. At 8:30 p.m., the regular meeting reconvened. EXECUTIVE SESSION At 8:31 p.m. the Council adjourned into Executive Session for ten minutes. At 8:39 p.m., the regular meeting reconvened. Brubaker discussed the acquisition of two properties by the City for enhancement of the storm drain utility, to eventually certify the levee, and enhance the Lower and Lowest Russell Road Levee. Councilmember Albertson moved to authorize the Mayor to sign any and all necessary documents to complete the purchase of the property located at 22254 Russell Road South from Thomas &Janice C. Baxter in an amount not to exceed $201,600 plus any reasonable closing costs for the Lower and 7 Kent City Council Minutes September 17, 2013 Lowest Russell Road Levee project, subject to approval of final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Higgins. Motion carried 6-0. Councilmember Albertson moved to authorize the Mayor to sign any and all necessary documents to complete the purchase of the property located at 22250 Russell Road South from Jeanne Hamilton in an amount not to exceed $221,000 plus any reasonable closing costs for the Lower and Lowest Russell Road Levee project, subject to approval of final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Ralph. Motion carried 6-0. Mayor Cooke noted that the funds for this purchase came from King County Conservation Futures Program. ADJOURNMENT The meeting adjourned at 8:40 p.m. Ronald F. Moore, MMC City Clerk 8 KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: September 17, 2013 SUBJECT: Excused Absence for Councilmember Perry - Approve MOTION: Approve an excused absence for Councilmember Perry who was unable to attend the September 17, 2013, Council meeting. SUMMARY: None EXHIBITS: None RECOMMENDED BY: Council President Higgins BUDGET IMPACTS: None KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: October 1, 2013 SUBJECT: Renewal of New Cingular Wireless Cell Site Lease at Fenwick Park - Authorize MOTION: Authorize the Mayor to sign Addendum Two to the cell tower lease agreement with New Cingular Wireless at Lake Fenwick Park, and all other necessary documents, to extend the term for an additional five years, to grant New Cingular an option to renew the lease for three additional five year periods, with periodic rent increases, subject to final terms and conditions acceptable to the city attorney, and ratify all acts consistent with this authorization. SUMMARY: Since October 8, 2002, the City has leased land at Lake Fenwick Park to New Cingular Wireless for a cell tower. The original lease granted to New Cingular by Council in 2002 authorized two 5-year renewal options. This Addendum Two implements the second renewal option provided for by the lease. This Addendum Two includes a rent increase to $28,800 annually, with annual increases of 3% or the percentage increase in the CPI, whichever amount is greater, and grants New Cingular the option to renew the lease for three additional 5-year periods. Therefore, the total lease period authorized by this Addendum Two is through approximately February 11, 2033. Finally, this Addendum Two provides that New Cingular will be allowed to improve the leased premises upon providing the City with 48 hours advance notice. The City's consent to these improvements is not necessary if the improvements are constructed within the leased premises and all required permits are obtained. A copy of the improvement's plans and specifications, drawn to scale, must be provided to the City within 60 days of New Cingular completing the improvements. Because this Addendum Two applies retroactively to February 12, 2013, the authorization sought includes ratification of all acts consistent with Addendum Two that occurred prior to Council authorization having been obtained. EXHIBITS: Addendum Two to Lease Agreement between the City of Kent and New Cingular Wireless PCS, LLC. RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Yes 4 4 ADDENDUM TWO TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC. THIS LEASE ADDENDUM TWO is entered into on the date fully executed below by and between THE CITY OF KENT ("Landlord") and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, d/b/a AT&T Mobility, successor-in- interest to Pacific Bell Wireless Northwest, LLC, with its principal address of 575 Morosgo Drive NE, Suite 13-F, West Tower, Atlanta, GA 30324 ("Tenant"), for its wireless communications facility located at 4127 Reith Road, Kent, Washington ("Lake Fenwick"). This Addendum Two amends that certain Lease Agreement entered into between Landlord and Tenant on or about October 8, 2002, together with Addendum One to Lease Agreement, with an effective date of February 2, 2009 (collectively, the "Lease"). RECITALS 1. Pursuant to Section 2 of the Lease the initial term commenced on February 12, 2003, and expired on February 11, 2008. 2. Section 2 provided for three (3) extension terms of five (5) years each. .Tenant exercised its first extension option in Addendum One, which extended the Lease term through February 11, 2013. 3. Tenant and Landlord desire to extend the term of the Lease forthe second extension term which will run retroactively from February 12, 2013, to February 11, 2018. AGREEMENT Landlord and Tenant hereby agree and covenant as follows: 1. Term and Option to Renew. Section 2 of the lease shall be amended to read as follows: The second Lease extension term shall be for a term of five (5) years and shall commence on February 12, 2013, (the "Commencement Date") and shall end on February 11, 2018, (the "Termination Date"). Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to renew this Lease for three (3) additional five (5) year periods, in addition to its one remaining extension option, subject to the adjustment of Annual Rent as described in Section 3. Should Tenant exercise its option to renew this Lease, that option must be exercised in writing and delivered to Landlord at least ninety (90) days before the end of the term then in effect. ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 1 5 5 2. Rent. All terms in Section 3 of the Lease regarding Annual Rent and the increases during the renewal terms and the adjustments to Market Rent shall remain in full force and effect, except as provided below: a. Section 3.a. of the Lease shall be amended as follows: Tenant agrees to pay Landlord as Annual Rent, without notice or demand, the sum of Twenty-Eight Thousand, Eight Hundred and No/100 DOLLARS ($28,800.00), plus leasehold tax, if required by law. The Annual Rent shall be paid in advance, on or before the first day of the anniversary of the Commencement Date during the term hereof. Annual Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. b. Section 3.d. of the Lease shall be amended as follows: The Annual Rent during years two (2) through five (5) of each five (5) year term shall be increased effective as of each anniversary of the Commencement Date by an amount equal to the greater of three percent (3%) or the percentage increase in the CPI over the CPI for the month 12 months prior to the adjustment date. "CPI" means the Consumer Price Index for All Urban Consumers, U S City Average, All Items, issued by the Bureau of Labor Statistics for the United States Department of Labor (1982-84 = 100). If the CPI is converted to a different standard reference base or otherwise revised, the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the Bureau of Labor Statistics. 3. Tenant Improvements, Plans Bonds. All terms in Section 5 of the Lease regarding Tenant Improvements shall remain in full force and effect, except as provided below: a. Section 5.a.1. of the Lease shall be amended as follows: Tenant may improve the Premises by constructing wireless communications antennas on an existing Puget Sound Energy pole, and constructing related wireless communications ground equipment, support structures and cables. Tenant is required, as part of this Lease, to complete all the items listed in Exhibit D. Tenant is responsible to provide all labor, materials, and equipment for the items listed in Exhibit D. Prior to commencing construction on any improvements, Tenant shall provide Landlord with forty-eight (48) hours' notice. Consent by Landlord is not required, provided improvements are only constructed within the Premises, and that all necessary permits have been properly issued. Tenant shall provide Landlord with a copy of all plans and specifications drawn to scale for all improvements no later than sixty (60) days after construction of improvements is complete. The waiver of consent does not apply to the City of Kent acting as a governmental entity issuing permits and other approvals for the work Tenant is requesting to perform, whose schedule is governed by applicable law. ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 2 6 6 b. Section 5.a.4. of the Lease shall be amended as follows: Improvements or modifications are subject to the conditions set forth in section a.(I), (2) and (3) above. 4. Certification. Tenant hereby certifies to Landlord that the Lease is in full force and effect and that there are no uncured defaults on the part of the Landlord under the Lease. 5. General Terms & Conditions. (a) Except as amended by this Addendum Two, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Addendum Two. (b) In case of any inconsistencies between the terms and conditions contained in the Lease and the terms and conditions contained in this Addendum Two, the terms and conditions herein will control. (c) This Addendum Two may be executed in duplicate counterparts, each of which will be deemed an original. (d) Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Addendum Two. IN WITNESS WHEREOF, the parties hereto have executed this Addendum Two, which shall take effect on the last date signed below. LANDLORD: TENANT: CITY OF KENT NEW CINGULAR WIRELESS PCS, LLC A Delaware limited liability company By: AT&T Mobility Corporation Its: MM By: By: Print Name: Print Namperf Roper Its: Its: ngMeering- PNW Date: Date: i ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 3 7 7 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2013, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the CITY OF KENT as its and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires i ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 4 8 8 STATE OF OREGON ) ss. COUNTY OF WASHINGTON) I hereby certify that on the I Z day of��A�LA Cn/J�' 2013, I know or have satisfactory evidence that 2s%i L-)DPA, is the person who appeared before me, and said person acknowledged that he sh igned this instrument, on oath stated that he/ 7e is authorized to execute the instrument on behalf of AT&T Mobility Corporation, Manager of NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, as its ArmB Ma-o-IAA,e — , and such execution to be the free and voluntary act of such party for th47uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above writt n. &a n OFFICIAL SEAL .KATHERINE E ETZEL NOTARY PUBLIC-OREGON— 1 °lArI✓1 ze'` COMMISSION NO 475698 TARY PUBLIC, in and for the State of Oregon MY COMMISSION EXPIRES FEBRUMY14,2l) iding at -TC 1ow,At My appointment expires Zj !4-1/7 P:\Civil\Flies\Open Files\0863-CellTowerLeases\Cingular\Cingular-LakeFenwick-AddendumTwo.doc 1 ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK - Page 5 KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: October 1, 2013 SUBJECT: Desimone Levee Interlocal Agreement with Tukwila - Authorize MOTION: Authorize the Mayor to sign an Interlocal Agreement between the City of Kent and the City of Tukwila for improvements to and FEMA accreditation of the Desimone Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: The State of Washington included in its 2011-2013 biennial budget a $7 million grant for the Briscoe/Desimone Levee. Funding was directed to the King County Flood Control District and is intended to pay for improvements to the levees needed for FEMA accreditation as well as the accreditation process itself. On February 26, 2013, the King County Flood Control District Board of Supervisors passed a resolution to execute a grant agreement with the state for the $7 million and pledged additional Flood Control District funding for this project. On June 6, 2013, the City of Kent and the Flood Control District executed an interlocal agreement for use of the state funds and provided an additional $11 million in Flood Control District funds for this project. The Desimone Levee lies entirely within the city limits of Tukwila and our consultants have identified a segment of this levee as not meeting the Federal Emergency Management Agency's accreditation standards. A failure of this levee segment would result in inundation of parts of Tukwila and the north area of Kent. This interlocal agreement describes the requirements of the City of Kent and the City of Tukwila with respect to design, permitting, and construction of the Desimone Levee repairs. EXHIBITS: Interlocal Agreement with Tukwila with Exhibits RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This work will be funded from the $7,000,000 state grant and the $11,000,000 in King County Flood Control District funds. DEPARTMENT OF ECOLOGY State of Washington Ecology Grant Agreement No. G1300118 between the State of Washington Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements THIS is a binding agreement entered into by and between the State of Washington, Department of Ecology, (PO Box 47600, Olympia, Washington, 98504-7600) hereinafter referred to as the "DEPARTMENT" or as "ECOLOGY' and the King County Flood Control Zone District, hereinafter referred to as the "RECIPIENT"to carry out the activities described herein as authorized by the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget. Recipient Name: King County Flood Control Zone District Water and Land Resources Division 201 South Jackson, Suite 600 Seattle, WA 98104-3855 Recipient Project Coordinator: Jennifer Rice Telephone Number: 206-263-0153 e-mail address: Lennifer.RiceKirggggnty.caov Fiscal Contact for Recipient: Katrina Johnston Telephone: 206-296-1963 e-mail address: Katrina.Johnsto>n Kingcounty.gov_ Payee on Warrant: King County Flood Control Zone District (address as above) Project Officer for the Department: David Radabaugh SEA Program— NWRO WA State Department of Ecology 3190 — 160'h Avenue SE, Bellevue, WA 98008-5452 Telephone Number: 425-649-4260 e-mail address: david.radabaugb@gcywa.gov wa.gov The source of funds provided by the DEPARTMENT are from the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget to improve the Green River Briscoe/ Desimone Levee. Maximum Eligible 100% State Project Cost: $7,000,000 State Maximum Cost Share Rate: 100% UP TO a maximum State Share of$7,000,000". This agreement is effective from January 1, 2013 through June 30, 2016. Page 1 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Scope of Work Project Title: Briscoe-Desimone Levee Improvements Description: The project involves improvements to the Briscoe and Desimone levees which are on the right(eastern) bank of the Green River between River Miles (RM) 14.3-17,00 in the cities of Kent and Tukwila. The Briscoe and Desimone levees are aging earthen levees with over-steepened slopes,a levee crest less than 12 feet wide, and toe scour protection that is generally missing or inadequate. The adjoining river channel lacks adequate in-stream and aquatic edge habitat structure, such as deep pools, large woody debris, and overhanging cover. While originally built to provide flood risk reduction to farmland in the Kent Valley, these aging levees now protect$2.8 billion worth of urban structures and contents. A levee breach or overtopping in this location would have serious implications including threats to public safety, damage to public infrastructure, impacts on the regional economy, and damage to private structures (including homes and businesses). Single-flood damage estimates for a failure of containment by these levees exceed $830 million. The economic disruption to the valley would be measured in years. Businesses with expensive and difficult to relocate or replace industrial machinery are particularly at risk. Because of these significant risks, improvements to this levee segment are a very high priority to the City of Kent and the King County Flood Control District. Work: The scope of this grant agreement focuses on the portion of the levee segment that is between River Mile 15.98 and 16.36. The Recipient shall perform the following work: Scope of Work Task 1: Project Coordination and Administration The Recipient will coordinate throughout the grant period with Ecology and other federal, state, local agencies, and Indian tribes. In its commitment to provide technical assistance throughout the grant period, Ecology will meet with the jurisdiction to present and discuss approaches to floodplain construction issues before work begins. This Task also covers expenses for the recipient to administer the grant including, but not limited to: contract monitoring; coordinating with the Corps of Engineers, FEMA, the City of Kent, and other parties; internal staff reviews; construction engineering management; etc. Cost: $500,000 State contribution: $500,000 Page 2 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Deliverable: Progress Reports are due quarterly for both years per the matrix that follows; see Special Terms and Conditions, Paragraph 9 for details on progress reporting and page 5 for invoicing information. NOW,•,� R 'oit, a M_ *14% First Quarter Jul 1 —September 30 October 30 Second Quarter October 1 — December 31 January 30 Third Quarter January 1 — March 31 Aril 30 Fourth Quarter Aril 1 —June 30 July 30 Task 2: Right of Way (ROW) Plans and Property Acquisitions Acquire ROW necessary for project, including 15 foot maintenance easement on the landward side of the constructed flood wall. All properties acquired will be used to enhance the levee system or used in perpetuity for open space purposes only. Restrictions from future development will be placed on the deeds and will be recorded on the titles. See Exhibit C for the restrictive covenant and related documents which shall become part of the acquisition. Ecology shall be in receipt of complete documentation before payment is released for the acquisition. Cost: $400,000 State contribution: $ 0 Deliverable: (Two copies) Acquisition Report to include but not limited to: 1. A map showing the location of properties purchased; 2. List of properties with names /addresses acquired 3. Right of Way plans 4. Acquisition documents for each property including: a. Title Reports b. Appraisals c. Appraisal Reviews d. Environmental Assessments e. Clean Site Certifications f. Closing Statements g. Offer Letters h. Recorded Deeds and Easements with title restrictions in a form approved by Ecology. i. (Digital) photographic documentation of project properties before and after project implementation in sufficient quantity/quality to effectively illustrate project progress/demolition work. Date Due: June 30, 2014 Page 3 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Task 3: Design Plans The Recipient will prepare a detailed set of design plans for construction of an I-beam flood wall that will meet or exceed FEMA accreditation requirements. Cost: $875,000 State contribution: $875,000 Deliverable: (Two copies) Design Plans, signed and sealed by an engineer licensed in the State of Washington and meeting FEMA accreditation requirements.-. Date Due: June 30, 2014 Task 4: Project Permits The Recipient will acquire all permits and approvals necessary for project completion in a timely manner and in accordance with the schedule below. This task includes obtaining required federal, state, and local project permits and approvals, as well as preparation of all necessary technical studies, engineering studies, and habitat assessments. If a Letter of Map Revision (LOMR) is necessary, then the Conditional LOMR process shall be utilized. Permit Schedule The following permits have been, or will be, obtained. Work Dates Permit Activity Start End SEPA 2/2013 5/2013 NPDES Construction —Wash. Dept. of Ecology 3/2013 5/2013 Hydraulic Project Approval—WDF&W, if required 3/2013 5/2013 Shoreline Substantial Development 2/2013 6/2013 Shoreline Conditional Use Permit, if required 2/2013 6/2013 Flood Zone Permit, if required 3/2013 5/2013 Other, if required Cost: $25,000 State Contribution $25,000 Deliverable: (Two copies) All Permits Date Due: June 30, 2013 Page 4 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Task 5: Construction Project construction will be conducted in accordance with approved plans, specifications, permits, and generally accepted engineering practices. A contractor will be hired to construct the floodwall to meet or exceed FEMA standards for 100 year flood levee certification. Cost: $5,700,000 State contribution: $ 5,600,000 Deliverables: • Two copies: As-built drawings, signed and sealed by a professional engineer licensed in the State of Washington. • Two copies: Final project summary report, signed by the Project Engineer declaring that the project was, to the best of his/her knowledge, constructed and completed in accordance with the construction plans and specifications and generally accepted engineering/construction practice. • Two sets: Digital photographic documentation of the project before and after construction in sufficient quantity to effectively illustrate important phases of construction and project progress. Date Due: June 30, 2015 Budget Budget Conditions 1. Project Administration: For the administration of this agreement the RECIPIENT must follow the current edition of the Administrative Requirements for Ecology Grants and Loans (Yellow Book). 2. Invoicing: • Grants are awarded on a reimbursable basis. The Recipient initially pays project costs in full. Upon presentation of an invoice to Ecology, Ecology's share of the project is reimbursed to the Recipient. • Expenditures will be monitored by the Ecology Fiscal Office for compliance with the budget (see below). Budget deviations are allowed between tasks (e.g., a grantee may spend less money on one task and more on another), but in no circumstances may the state share of the project cost be exceeded without a prior written amendment When submitting invoices to Ecology, the RECIPIENT shall itemize all costs by task and provide subtotals by task on Ecology's Form C2, Voucher Support Form. All payment requests must have forms A, B, C (and D if applicable), be accompanied by supporting invoicing documents a commensurate progress Page 5 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements report, and receive Ecology Project Officer approval before payment can be released. NOTE: For payment requests, the RECIPIENT must use the Ecology forms contained in the Yellow Book. Otherwise, Ecology will return requests to the RECIPIENT for submittal on the correct forms. • Forms - http:/Iwww.ecy.wa.gov/biblio/9118A.httnl • Yellow Book- http://wwW.gcy wa.goy/Io blio/9118.html ® The RECIPIENT must maintain complete backup documents including but not limited to all invoiced costs and time sheets- signed and dated by employee and supervisor. The RECIPIENT must keep these expenses in grant files according to budget task for a period of three years after project completion and make them available at any time for inspection by the DEPARTMENT. ® Requests for reimbursement must be submitted at least quarterly but not more than once per month by the RECIPIENT on state invoice voucher forms. Financial reports will be submitted 45 days after the quarter closes. The indirect rate must not exceed 25 percent of direct (staff) labor and benefit costs. This rate covers space utilities, miscellaneous copying, telephone, motor pool,janitorial services, records storage, rental, county fiscal and legal services, etc. Items not included in. this list must be reported with the first payment request and must remain consistent for the life of the grant. ® Right to Audit: The Recipient agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit ex- amination not to constitute allowable costs under this grant. The Recipient shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under completed or terminated grants.. ® Final payment of grant projects is contingent on receipt of viable deliverables as listed in this grant agreement. A final invoice will be submitted 45 days after the final quarter of the grant agreement. 2. Budget (for RECIPIENT reporting and Ecology tracking purposes): The source of funds provided by the DEPARTMENT are from the 2011-2013 Washington State Legislature, SB 6074, §3009 Capital Budget. State Funding is as follows: Maximum Eligible 100% State Project Cost: $7,000,000 Estimated Costs Work Item State Cost KCFCZD Total Cost Cost Task 1 Project Coordination &Administration $500,000 0 $500,000 Task 2 Right-of-way Plans & Property Acquisition 0 $400,000 $400,000 Task 3 Design Plans 875,000 0 $875,000 Task Project Permits 25,000 0 $25,000 Task 5 Construction 5,600,000 100,000 $5,700,000 TOTAL PROJECT COST ' $7,000,000 $600,000 $7,600,000 Page 6 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Special Terms and Conditions AGREEMENT PROVISIONS 1. Compliance with all Laws: The Recipient shall comply fully with all applicable federal, state and local laws, orders, regulations and permits. 2. Restrictions on Lobbying: The Recipient of this agreement Is prohibited from using funds provided by this agreement for lobbying purposes in accordance with the Administrative Requirements for Ecology Grants and Loans, Publication No. 91-18, current edition, Part III, Section G. 3. Local Decision: This grant is made in response to a request for financial assistance from the Recipient to undertake flood damage prevention projects. The choice of floodplain management activities addressed by this grant is a local decision made solely by the Recipient. The Recipient is not acting as an agent of the State. 4. Lawsuits: The Department shall not be responsible for any non-contractual damage or inverse condemnation claims resulting from the structures or works constructed, repaired, restored, maintained, or improved pursuant to this grant. 5. Indemnification, Hold Harmless and Duty to Defend a. The Department shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the scope of work. b. This paragraph applies to negligence based claims only. All other claims are governed by paragraph 4 of this section. To the extent the constitution and laws of the State of Washington permit, Recipient shall indemnify, defend and hold harmless the State, its agencies, officers and employees, from all claims, suits or actions brought for any or all injuries to persons or property arising from, or as a consequence of, negligent acts or omissions related to the construction, restoration, repair, maintenance, improvement or operation of the structures or works for which this grant is provided. If the structures or works for which this grant is received are a portion of an integrated flood protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that this provision is not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor is it intended to, and it shall not be construed to, confer any rights upon third parties. The Recipient will not be required to indemnify, defend, or save harmless the State, its agencies, officers or employees as provided in the preceding paragraph of this section if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the State. Where such claims, suits, or actions result from the Page 7 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements concurrent negligence of(a) the State, or the State's agents or employees and (b) the Recipient or the Recipient's agents or employees, the indemnity provisions provided in the preceding paragraphs of this section shall be valid and enforceable only to the extent of the Recipient's negligence or the negligence of its agents and employees. C. To the extent that the constitution and laws of the State of Washington permit, Recipient shall indemnify and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the continued operation, maintenance, or repair of the structures or works constructed, restored, repaired, maintained or improved as a result of this grant. If the structures or works for which this grant is received are portions of an integrated flood protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that the indemnity provisions of this paragraph are not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor are they intended to, and they shall not be construed to, confer any rights upon third parties. This agreement applies to all non-negligent, non-contractually based claims including, but not limited to, inverse condemnation, contribution, indemnification, trespass and/or nuisance. 6. Quality Assurance Project Plans (QAPP): IF this project involves the collection of environmental measurement data, the Recipient needs to prepare a QAPP to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating this data. The plan shall be conducted in accordance with the DEPARTMENT'S Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , current edition, (Ecology Publication No. 04- 03-030) available at hftp://www.ecy.wa.gov/biblio/0403030,html The plan must describe the monitoring and data quality objectives, procedures, and methodologies which will be used to ensure that all environmental data generated will meet these requirements. The size and complexity of the plan should be cost effective and in proportion to the magnitude of the sampling effort. In developing the plan, the RECIPIENT may also reference Ecology's Technical Guidance for Assessing the Quality of Aquatic Environments, February 1994 (Ecology Publication No. 91-78), available at http://www.ecy.wa.goy/biblio/9178.html. The QAPP report shall be limited to a concise description of the environmental measurement aspects of this project. Ecology's Project Officer shall review and approve this plan prior to initiation of work. The QAPP plan may describe the following elements: ■ Assumptions that direct the collection and analysis; ■ Resources used (such as flights for aerial photos); ■ Resource documents that will be consulted; ■ Field methods employed; ■ Office methods employed; ■ Training level of staff involved in data collection and analysis; ■ Equipment/materials to be used and accurate calibration assurance. 7. Coordination with Ecology's Geographical Information System (GIS): IF this project involves developing GIS data, the Recipient shall coordinate with Ecology's GIS office Page 8 of 24 Flood Agreement No. G130011 S between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements in an effort to promote compatibility and to encourage sharing of geospatial data.To facilitate data sharing, the Department utilizes the following standards: ESRI's ARC/INFO m Current version ESRI's ArcView Current Version Horizontal Datum NAD 83 HARN Vertical Datum NGVD 88 Projection System Lambert Conic Conformal Coordinate System WA State Plane Coordinates Coordinate Zone South Coordinate Units Feet Accuracy Standard +/-40 Feet(1:24,000) minimum accuracy to within a foot of the true North American datums stem Vector Import Format ArcExport, DLG and/or DXF, shapefiles Raster Import Format TIFF, BIL/BIP, RLC,GRID,ERDAS, SID Whenever possible, the Recipient is encouraged to utilize the standards listed above when compiling data. To discuss the usage of other standards, please contact Jerry Franklin at 360 407-7470; Fax: 360 407-6902; E-Mail:jfra461@ecy.wa.gov or Dan Saul at 360-407-6419; E-Mail: dsau461()ecy.wa.gov for further data sharing and compatibility information. The RECIPIENT shall submit copies to Ecology's Project Officer with complete documentation as it relates to all digital data, GIS coverages, shape files, related tables and map products. 8. Responsibilities of the Project Coordinator: The Recipient's Project Coordinator shall be responsible for the procedural obligations under this agreement in addition to his/her duty to coordinate the planning effort hereunder. He/She shall cooperate with all parties concerned in every way possible to promote successful completion of the services described in the Scope of Work. 9. Quarterly Reporting Quarterly Reports are contingent on the effective date of the agreement. For timely preparation and review, quarterly reports shall convey essential information in a simple, concise manner through the use of bulleted summary statements, lists, and tables and include the following: a. A comparison of actual accomplishments to the objectives established for the reporting period including a description of issues on fisheries resources; b. For any work related to GIS, designate data standard utilized and associated data documentation. c. Status of project schedule d. Personnel changes e. Any difficulties encountered during the quarter. f. Environmental benefits being achieved by the project Page 9 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Reporting Periods for each year of the agreement dependent on the start date: a� First Quarter (Year 1) Jul 1 —September 30 October 30 Second Quarter October 1 — December 31 Jan 30 Third Quarter Year 2 January1 — March 31 A ril 30 Fourth Quarter Aril 1 —June 30 Jul 30 For Report Contents and Ecology's form: Please visit our website at: hftp://www.ecy.wa.gov/progra m s/sea/grants/flooddamageprevention County or City Name Grant No.G+300_ 10. Identification of Project Materials -All reports, maps, and other documents published as part of this grant agreement shall carry the name of the RECIPIENT, Ecology's grant number (in the upper right hand corner), title, the specific task number of the Project Title product and centered on e front cover or e e or in Task Title pd d date td the t titla page( Task Number the case of maps, the block which contains the name of the Date Government unit or Department). 11. Format for Publications and Brochures: Any (hard copy) publications or brochures required as a product of this agreement shall conform to minimum standards of size, 8-1/2" x 11"white, recycled paper equivalent in weight to 20 lb. bond, single spaced, printed both sides, no less than 1" margins. Photos, illustrations, and graphs must be of reproducible quality. Any publications or brochures intended for public distribution shall comply with graphic requirements as specified in Ecology's "Publications Handbook", publication number 91-41 and any additional specifications as may be outlined in the Scope of Work. 12. Amendments: A 'letter" amendment is a written request by the Recipient to extend the project completion and expiration dates provided that is allowed by the grant program . On the approval of Ecology's project officer, the request is then forwarded to the Ecology Budget and Fiscal Offices for processing. A formal amendment is required for a significant change to the scope of work or an increase to the total eligible project cost and is signed by both parties. 13. Minority And Women's Business (MWBE) Participation: The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women-owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10% MBE 6%WBE Architecture/Engineering 10% MBE 6%WBE Page 10 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe t Desimone Levee Improvements Purchased Goods 8% MBE 4%WBE Purchased Services 10% MBE 4%WBE Professional Services 10% MBE 40/oWBE Meeting these goals is voluntary and no contract award or rejection shall be made based on achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: a. Include qualified minority and women's businesses on solicitation lists. b. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: f. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. g. The total dollar amount paid to qualified firms under this invoice. 14. Right to Audit: The Recipient agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit examination not to constitute allowable costs under this grant. The Recipient shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under com- pleted or terminated grants. 15. Grant Closeout: The end date for this project is June 30, 2015. A grace period of 45 days for all deliverables and invoice vouchers is allowed as stipulated in the scope of work or by the State Office of Financial Management(OFM) through Ecology's Fiscal Office. 16. All Writings Contained Herein: This agreement, the appended "General Terms and Conditions", and the Department's current edition of"Administrative Requirements for Ecology Grants and Loans" contain the entire understanding between the parties, and there are no other understandings or representations except those set forth or incorporated by reference herein. No subsequent modification(s) or amendments to this Page 11 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement; EXCEPT a letter amendment will suffice to extend the period of performance as set forth on the page 1 of this grant agreement. IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement: State of Washington Department of Ecology King CountyFlood Control Zone District Gordon White Date Signature, Authorized Official Date Program Manager Shorelands and Environmental Assistance Programme L�t�r� iTy Print NaYne of Authorized Official Approved as to form only by Title of Authorized Official The Assistant Attorney General (Note: Insert additional signature blocks(s) and/or pages if more than one signature block is required) Page 12 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Appendix A: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE ° The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws,regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. Page 13 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A- 133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. Page 14 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/ Desimone Levee Improvements The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.S. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grantfloan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state Page 15 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph KA above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s)to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement, Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing Page 16 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www,ecy.wa.gov/sustainability. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Page 17 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the"Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 04104 Page 18 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe!Desimone Levee Improvements Appendix B: Site Map - Detail r� Tulr -' " ry, Bnscoa-Dosimcne Levee hnprovement.I Project Area J! �I ff x= tLettt F ItlIb�K�.utlauRty .x {{dddd 9 . ...,.btl2M 31 < N y Page 19 of 24 # a , r m z 4 _ g � # a ' 17 - — is IT ' _ W— "; Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Appendix C: Restrictive Covenant Boilerplate for the Green River Levees Restrictive covenant for the City of Tax Lot# Upon recording return to: Project Manager: Department: City: Address: Restrictive Covenants Notice is hereby given that the property acquisition, hereinafter referred to as the " " property, more particularly described in Exhibit "A," is subject to the use restrictions listed below. The purpose of these restrictions is to prevent this land from future development and to ensure that the property will be used to enhance the Green River Levee system in perpetuity while allowing public access. These restrictions are a condition of the grant funding appropriated by the Department of Ecology as authorized by the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget to improve the Green River Briscoe / Desimone Levee that protects communities in the Lower Green River Valley from flooding and are enforceable by Ecology. Uses of the property are restricted as set forth below. These restrictions and obligations are intended to run with the land and shall be binding on the city of , its heirs, successors, and assigns: 1) Enhancing the Green River Levee to protect the Lower Green River Valley from flooding; 2) Maintaining vegetation and providing new native vegetation as necessary to prevent levee erosion and to manage the growth of non-native exotic species (such as Reed Canary grass, purple loosestrife, etc.); 3) Allowing for inspection, maintenance, repair, and necessary reconstruction of the levees; 4) Allowing for levee access ; 5) Maintaining and improving the levee system for the enhancement of fish and wildlife habitat; 6) Providing for open space as deemed appropriate; and 7) Restricting acquisition areas from future development other than required for levee improvements. Legal Description of Acquisition Area, is attached as Exhibit "A" Page 21 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe!Desimone Levee Improvements In witness whereof, the City of has executed this document this day of 20_, at (city), Washington. CITY OF Signature, Authorized Official Print Name of Authorized Official Title of Authorized Official STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that _(name) is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Page 22 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Restrictive Covenants Exhibit A: Legal Description of Acquisition Area Page 23 of 24 06 0OL / \ § ko a r§ @ j kk 2 \ § # - o « 7cnf - w — | | _ % . % k kk § / 2 k J k ! ƒ 2 § ® /) c § ! Er £ f ! k o E _ k ! ■ )J ! A ) \ o f 2 )) ) ° ;CY - ° dal ` \ 2 � k 0 2 LP \ E § L — mm § � ) � ) k§ k ° ® ! o « £; k3 / f , < . ƒ) Zf 0 k ƒ/ 2 ! AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE Briscoe—Desimone Levee River Mile 14.3 to 17.0, Right Bank THIS AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE ("Agreement") of the Briscoe—Desimone Levee, River Mile 14.3 to 17.0, Right Bank ("Levee") is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation (`City"), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal corporation of the State of Washington(`District") (collectively,the "Parties"). RECITALS A. King County, Washington, through the Water and Land Resources Division of the King County Department of Natural Resources and Parks ("WLRD"), as service provider to the District pursuant to an interlocal agreement with the District, operates and maintains a major portion of the Green River Levee System. B. The Briscoe-Desimone levee (`Levee") is a key part of the Green River levee system. The District Board of Supervisors desires to improve the Levee by constructing new floodwalls at four sites, known as Reaches 1, 2, 3 and 4, described and shown in Exhibit A (Sheet 1 of 4 and Sheet 3 of 4). The four floodwall projects will hereafter be referred to individually as "Reach "X" Project" or "Reach Project," and collectively as "Levee Project," "Levee Reaches," or "Reach Projects." The Levee Project is planned for construction from 2013 through 2015. The Reach 3 Project will be constructed first, beginning in 2013. C. Based on a collaborative effort, presentation and request to the State Legislature in the 2012 Legislative Session, the Legislature passed ESHB 6074 relating to the 2011=2013 State Capital Budget. Section 3009 of ESHB 6074 appropriated $7,000,000 to the District for the "Briscoe-Desimone levee improvement project". This amount was based on the City's estimated cost to construct the Reach 3 Project in order to meet National Flood Insurance Program accreditation standards, and allow the Federal Emergency Management Agcncy ("FEMA") to verify compliance with such accreditation standards. Unless the State Legislature reappropriates fire funds into the 2013-2015 biennium, the appropriation will need to be expended prior to June 30, 2013 D. Using ESHB 6074 funds, the District desires to authorize and the City desires to construct the Reach 3 Project as soon as possible, in order to provide for the safety of the residents and businesses that will be protected by this levee. 1 EC approved (RB-RIO E. By Resolution FCD2013-06, adopted on April 29, 2013, the District Board of Supervisors authorized the Chair of the Board to enter into a Grant Agreement (No. 01300118) with the state Department of Ecology relating to the use of the $7,000,000 for the Reach 3 Project ("DOE Agreement'). The DOE Agreement estimates that the cost of the Reach 3 Project will be $7,500,000, with a maximum grant amount of $7,000,000 and a maximum District contribution of$500,000. F. By Resolution FCD2013-02.2, adopted on February 26, 2013, the District Board of Supervisors declared its intent to address urgent flood risk reduction needs throughout King Comity and to work cooperatively with Green River cities to manage flood plain resources. In this Resolution, the District Board of Supervisors also approved funding for the Levee Project under certain conditions and requirements to be satisfied by both the City and the District G. In Resolution FCD2013-02.2, the District Board of Supervisors did not specify a maximum funding for the Levee Project. During the District Board of Supervisors' discussions of this Resolution, the City stated that the estimated cost of the Levee Project would be $17,000,000. The District Board of Supervisors required changes to the design of the Levee Project floodwalls and called for additional setbacks for the Reach 1 levee. The City also stated that the required design change would add an additional $1,000,000 to the Reach 1 Project cost, resulting in a total cost of$18.000,000 for the Levee Project. H. After adoption of Resolution FCD2013-02.2, the City revised its estimate for construction of the Levee Project to $18,500,000. The District has not reviewed or analyzed this City estimate. � I. The Parties desire to enter into this Agreement to establish the terms and conditions for the Levee Project, and for all four Reach Projects. J. By Motion FCD11-02.1, adopted on July 6, 2011, the District Board of Supervisors adopted certain levee maintenance and repair standards and requirements and addressed countywide flood protection levels, levee accreditation and certification. This Motion is applicable to the Levee Project, to the extent that the Motion is consistent with Resolution FCD2013-02.2. AGIZF,F,ATF NT Based upon the lbreguin,g, the Parlies agree as ollows. 1. Incorporation of Recitals—Scope of Apreenient. All recitals above are hereby incorporated and ratified as part of this Agreement. This Agreement establishes the terms and conditions for design; construction, installation, operation, maintenance and repair of improvements to the Levee and its four Reaches; as those terms are defined in the recitals above. 2 EC approved (RG-RK) 2. Definition of District. Unless provided otherwise in this Agreement, the term "District" hereinafter also shall include WLRD in its capacity as service provider to the District. 3. Interlocal Agreement with Tukwila. The City of Dent shall enter into an agreement with the City of Tukwila to act as lead agency for all work within the City of Tukwila. 4. Levee Design, Construction and Reimbursement. a. The City shall design, construct and install the improvements to the Levee Project and the four Reach Projects described and depicted on Exhibit A,. attached hereto and incorporated herein by reference in accordance with this Agreement, the DOE Agreement", and District Resolution FCD2013-02.2 ("Resolution") (the Resolution is attached as Exhibit B, which is incorporated herein by reference), as supplemented by the terms and conditions of Attachment A to Exhibit B, attached hereto and incorporated herein by reference. By executing this Agreement,the Parties acknowledge receipt and review of the DOE Agreement. b. The City shall obtain and be responsible for all necessary local, state, and federal permits and approvals for the Levee Project, and shall fully comply with all applicable requirements and conditions thereof. C. The Parties acknowledge and understand that at the effective date of this Agreement, most but not all of the estimated cost of the Levee Project is included in the District's 2013-2018 Six-Year CIP, most but not all of the estimated cost of the Reach 3 Project is included in the District's 2013 Budget, and the estimated cost of the Reach 1, 2 and 4 Projects is anticipated to be included in the District's budgets for 2014 and thereafter. The District's obligation and responsibility to provide funding for the Levee Project, including all four Reach Projects, is conditioned upon appropriation by the District Board of Supervisors of sufficient funds to finance the Levee Project and the four Reach Projects, including the Reach 3 Project in the 2013 and 2014 calendar years. Tf the District Board of Supervisors fails to appropriate expenditures in a District budget to reimburse the City for costs and expenses related to the Levee Project or any of the four Reach Projects, the District reserves the right to terminate this Agreement, and the City shall immediately terminate work on any and all Reach Projects; provided, that until substantial completion of a Reach Project, the District shall continue to accept and review City requests for reimbursement up to the amount of fiords appropriated in an approved District budget and sell available for reimbursement tinder the DOE Agrecincnt or this Agreement. d. The. City's cost and expense for the Levee Project improvements shall be reimbursed pursuant to the procedures; requirements and restrictions of paragraph 13 below. e. The City shall obtain and convey to the District or Ding County any necessary easements for design or construction of or access to the Levee in the form of the standard River Protection Easement in Reference 8=P to the Ting County Surface Water Design Manual. These 3 EC approved (RB-RK) easements shall include all of the improvements designed and built under this Agreement; all areas necessary for any temporary erosion control measures; a 15-foot maintenance/inspection corridor along the landward side of these areas; and suitable access for heavy equipment to reach all of these areas from the public roadways. All of the easements required for construction of any floodwall segment in Reaches 1 through 4 must be approved, accepted and recorded by the District before commencement of construction of such floodwall segment. The City also shall obtain and convey to the District or King County all restrictive covenants as required by the DOE Agreement for the Reach 3 Project, and as required by other state of Washington Department of Ecology agreements that provide funding for the other Reach Projects. 5. Levee Maintenance, Operation and Repair Standards. The District shall operate, maintain and repair the Levees in accordance with this Agreement, which includes Exhibit C, attached hereto and incorporated herein by reference, and with District general standards, requirements and policies for operation, maintenance and repair of Green River levees, as these are determined and applied by the District, provided that: a. The District shall not be obligated to operate, maintain and repair a Levee if FEMA does not approve a risk-based approach to operation, maintenance and repair of the Levee; and b. If the total cost of Levee operation, repair, and maintenance in the project area shown on Exhibit A exceeds the sum of average annual costs for the Green River levee system over the number of years this agreement has been effective, the City shall cover all costs and expenses in excess of the average. For this purpose, the average annual cost is $95,000 per levee . mile per year in 2013, to be adjusted for inflation each year thereafter. The District will provide the City with an annual report of operation, repair, and maintenance costs incurred in the project area. 6. District Review of Levee Plans and CLOMR Applications. The City shall provide to the District a schedule of the material and significant events and actions for design and bidding of each Reach Project, which events and actions shall include, but not be limited to, three design stages and the invitation to bid. The City shall submit plans and specifications for each of these three design stages to the District for review and comment. For all Levee Reaches, at least thirty (30) days before advertising an invitation to bid, the City shall submit to the District for review and comment the plans, specifications and requirements of the invitation to bid and the application (with attacients and exhibits) for a FEMA Conditional Letter of Map Re-visiou ("CLOMR"). The District shall submit any comments within thirty (30) days of receipt of the documents. 7. Additional Activities. The District will provide enhanced monitoring of the Levee through slope stability instrumentation, and the District may seek reimbursement of the cost of such monitoring from State of Washington funding. a 6C approved (RB-RIO 8. District Inspections. The District shall have the right to inspect the City's construction of the Levee Project. 9. Contracts for Levee Work. Upon execution of a contract for construction of a Reach Project, the City shall send a copy of the contract to the District. 10. Record Drawings; Retention and Review of Documents. The City shall submit to the District record drawings for each Reach Project, in a form and with detail required by the District. The City agrees to maintain documentation of all planning, design, constriction and inspection of all Reach Projects sufficient to meet state audit standards for a capital project, recognizing that the costs of the Levee work are paid for in whole or in part by City, District and State of Washington funding sources, and that the City, the District and/or King County may seek recovery of costs expended from other governmental funding sources. The City agrees to maintain any additional documentation that is requested by the District. City contracts and internal documents shall be made available to the District for review and/or independent audit upon request. 11. Access; Special Use Permit. To the extent that the District's or King County's property interests require and allow, the City shall follow the District and/or King County processes for obtaining, as applicable, special use permits, consistent with King County special use permit procedures and standards, and shall obtain such permits for any City access to and construction and inspection work on the Levee. The District shall waive any applicable bond requirements. If Levee Project work involves access to and use of real property for which neither the District nor King County has real property interests or rights, the City shall be responsible for obtaining real property rights sufficient for City access to and construction and inspection of such Levee Project work, and District and WLRD access to and maintenance, operation and repair of the Levee. 12, District Costs and Expenses. a. The total cost to the District of the four Reach Projects shall not exceed $11,000,000, of which the District's maximum contribution toward the Reach 3 Project shall be $500,000. b. For the Reach 3 Project, the District shall seek reimbursement from the. State of Washington funding under the- DOE Agreement or from the District's maxim rrn comuibmi.on of $'500,000 tov✓ard the beach 3 Project. The District reimbursement shall be for all actual costs and expenses incurred by ilre District as of January 1, 2013 to review Reach 3 Project design and construction documents and to inspect the Reach 3 Project work. c. for Reach Projects 1, 2 and 4, the District shall seek reimbursement from the District's maximum contribution of S10,500,000 toward Reach Projects 1, 2 and 4, for all actual 5 FC approved (R6-RK) costs and expenses incurred by the District as of January 1, 2013 to review Reach Projects 1, 2 and 4 design and construction documents and to inspect the Reach Project work d. For King County employees providing the services to the District described in subsections b and c above, the actual costs shall include salaries, employment benefits and administrative overhead. 13. Reimbursement of City Expenditures. a. No more than once a month, the City shall submit requests for reimbursement of City costs and expenses incurred on or after January 1, 2013 for design, right-of-way acquisition, construction and inspection of the Reach Projects. The requests shall be in a form and shall contain information and data as is required by the District. b. For the Reach 3 Project, the District shall review the requests to confirm that they are reimbursable and payable under the DOE Agreement and this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request. For reimbursement amounts approved by the District and paid for under the DOE Agreement, the District shall send a request for such reimbursable amounts to the appropriate State department for review and approval, up to a maximum of$7,000,000. Within thirty (30) days of receipt of State funds, the District shall forward the State funds to the City. For requests that are not reimbursable and payable under the DOE Agreement, the District shall endeavor to review such requests within thirty (30) days of receipt of the request, in order to determine whether they are reirnbtrrsable and payable under this Agreement. Any approved additional reimbursement shall not exceed a total of$500,000, less any funds paid to the District under this Section 13, without prior authorization from the District. If there are funds remaining from the DOE grant subsequent to construction, the District shall submit a request to DOE to utilize those funds on Reaches 1, 2, and/or 4. The District shall forward the approved reimbursement to the City within forty-five (45) days of the City request. G. For Reach Projects 1, 2 and 4, the District shall review the requests to determine whether they arc reimbursable and payable under this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request. Any approved reimbursement shall not exceed a total of$10,500,000, less any funds paid to the District under° Section 12.c., without prior authorization from the District, The District shall forward the approved reimbursement to the City within forty-five (45) days of receipt of the City request. d. The District may postpone review of a City request for reiiriburscmeni where all or any part of the request is inaccurate or incomplete. The District shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall provide the requested information or data within thirty (30) days of the request for such 6 EC approved (R6-RK) information or data. If the request is still inaccurate or incomplete in the opinion of the District, the dispute shall be resolved in accordance with paragraph 22 below. After resolution of the dispute, the District shall send a request for reimbursement to the appropriate State Department or provide reimbursement as provided in this section 13. 14. Levee Warranty. The City shall warrant the materials, work and function of a Reach Project for five (5) years after the City's acceptance of construction of the Reach Project. 15. Compliance with Laws and Regulations. The City shall be responsible for compliance with all applicable laws and regulations, and obtaining all required permits, approvals and licenses in connection with a Reach Project. 16. Impact on Other Reaches or Segments. The District and the City agree that the improvements to the Levee under this Agreement should not have a detrimental effect on other segments or reaches of the Cneen River levee system. The improvements to the Levee shall be deemed not to have such a detrimental effect where the improvements fully protect the conveyance capacity and storage volume of the floodplain during base flood (100-year flood) conditions, as demonstrated by compliance with King County flood hazard regulations, which are Sections 21 A.24.230 through 21A.24.260 of the King County Code. 17. Duration. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect for thirty(30) years from the effective date. 18. Third Parties. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability to the City, the District and/or King County, granted under state statute, including Chapters 86.12 and 86.15 RC W, or as otherwise granted or provided for by law. 19. Liens and Encumbrances. The City acknowledges and agrees that it will not cause or allow any lien or encumbrance arising from or related to the Levee work authorized by this Agreement to be placed upon the real property interests of King County and the District. if such lien or encumbrance is so placed, King County and the District shall have the right to remove such lien and charge back the costs of such removal to the City. 20. Indemnification. To the maximum extent permitter) by law, the City shall defend, indemnify and hold harmless the District and King County, and all of their officials, employees, principals and agents, from arty and all claims, demands, suits, actions, losses, costs, reasonable attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the design and construction of the improvements to the Levee under this Agreement. As to all other obligations udder this Agreement, to the maximurn extent perrniUcd by law, each Party shall d-efend, indemnify and 7 EC approved (RE-RI<) hold harmless the other Party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties. and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indenmifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the District or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party's obligation hereunder applies only to the extent of the negligence of such Parry or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. This waiver. has been mutually negotiated. 21. Insurance. Each Party recognizes that the other is self-insured and accepts such coverage for liability arising tinder this Agreement. Should any Party choose not to self-insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 22. Dispute Resolution, The Parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements or payments, as provided for in paragraph 13 above, submittal of all relevant information and data to an indep_endent Certified Public Accountant and/or a Construction Claims Consultant, if agreed upon by the Partics, for a non-binding opinion as to the responsibility. b. If the foregoing does not result in resolution and for all other disputes, the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for Icing County, Washington. G. Each Party will be responsible for its own costs and attorney's fees in connection with the dispute resolution provisions of this paragraph 22. O EC approved (PS-RK) 23. Entire Agreement; Amendment. This Agreement, together with its Exhibits A through D, represents a full recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. Should any conflict exist between the terms of this Agreement and the terms of the Exhibits, this Agreement shall control. 24. Binding Nature. The rights and duties contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns. 25. Notices, Communications and Documents. All communications and documents regarding this Agreement shall be sent to the Parties at the addresses listed below unless a Party gives notice of a change of address. 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 address state below or such other addresses as may be hereinafter specified in writing. 26. Authority. "The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. CITE' OF KEN T KTNTG COUNTY FLOOD CONTROL ZONE DISTT- 47T By: ?✓of G= By' c- S t Cooke '' Its y r r Its: Board Chair DATE: % ': DATE: APPROVED AS TO Fv? v1 APPROVED AS,T431':)1Z( ; � . , rr 'Cfly Attorney - ' Legal Counsel 9 ECappioved (RG RK) EXHIBIT A Sheet 1 of 4 Description of Briscoe-Desimone Levee Improvements The Briscoe-Desimone Levee is located along the right bank (easterly side) of the Green River between S. 2W' Street and S. 180th Street, (see Figure 1, Exhibit A Sheet 2 of 4). The Briscoe levee is located along the right bank of the Green River between S. 200«' Street and S. 189" Street within the City of Kent. The Desimone levee is located along the right bank of the Green River between S. 199" Street and S 1801h Street in the City of Tukwila. Together these levee segments are approximately 2.7 miles in length and protect properties within the cities of Kent, Tukwila and Renton. Tilt-up style buildings (manufacturing and industrial) are located adjacent to the entire stretch of levee. Four sections (reaches) of the levee, approximately 4,450 linear feet, don't meet slope and stability requirements and need repair to meet FEMA accreditation requirements. Reach 1 is located between RM 14.47 and 14.63 and totals 1,050 If. Reach 2 is located between RM 15.45 and 15.57 and totals 8501f. Reach 3 is between RM 15.98 and 16.36,totaling 2,350 If and Reach 4 is between RM 16.95 and 17.00 and totals 200 If. Reaches 1, 2 and 3 are on the outside of sharp bends in the river and Reach 4 is just north of the S. 200`h Sheet Bridge. Structural steel sheet pile walls are proposed to be installed at the back of the existing levee slope to act as a secondary levee to reduce flood risk to the cities of Kent, Tukwila and Renton and protect the large number of warehouses,manufacturing facilities and some retail establishments behind these levees. These areas are shown on Figure 2, Reach Location Map (see Exhibit A Sheet 3 of 4). In addition, large stumps and roots will be removed in areas between the four reaches along the levee where they could compromise levee stability and/or are in the construction project area. The walls will provide a minimum of 3 feet of freeboard above the predicted 100-year flood event, (see artist rendering Exhibit A Sheet 4 of 4). This proposal allows for some re-vegetation and habitat restoration work along the river between the ordinary high water line and the trail in areas where the wall is constructed. In areas where walls are installed, bencbes will be constuoted where feasible acid native vegetation will be planted above the ordinary high water line. 10 EC approved (RE!-RI:) r =I r s aI Y f 'I I LILT- Tv .1 .S 180iH ST �y l TUKWIlad ' - J 01 ter, � —_ o S 190t STD' Oui 'I —,_m loll of. �f S IS'4t I a 5 gg (1 aV f � 196th T BMSCOFDESIMOOE LEVEE J c � zi S 217TH 5T�J d , qr z� o � N (I I � F- t- {{ d G /i £NGl J LRft G GfP �T1i N7 i ITY ZS-F KENT FIGURr 1 VICINO-Y HAP oaAy nl So- NET 70 SCALE b -- - a - WSCOF DESII-4ONC LEI/EF APPROVED DATE C.AGoalgrAC -SOn OESIMOF' FIlS�hgA=EF V el,�n. 10/D 'Ejz 1. 0 25 Fe-� Y w o cc 1 Y v �S7 O 07 —J a a o : 1 , k7 < .4. 5 1IIOTH ST SW 43rd tr. ST, TUKWILA f i �./ �_. T - L=EVEE REACH oz , S 190th ST — � vi 1 REACH 2 Of r z <o w o r co 1f. rp J 4 S 196th ST % � _ , CITY OF I(BIT r FTAM t I I r` CKSCMEEMNC 9FPARTMENr s i CITY OF K n e FIGURE CATIO AP tEr1Y �f� _ ®El orNJfN_ G.LF NOT TO 5',VE DESI u .,�...._....�,.�_.� s �;�15c�t r��slriE LEM =:\Oulgn`,O9-ion O-ccneonf 'e'd�15\o�q\iEPA`f'ig�rz2 avy, I:/W/)OL tak OO Pad F —Aill mom ra. t ' 'bbibbb weUi ..,ee .....,_�.. . .! M ; ". _.... m� a ;'.. _ MEE e s offm N-Em ME :a1 MIN s ,.� e... _....,,_ .... ............ , EEEEEE Jm. ,,, KING COUNTY I'm King County courthouse 516 Third Avenue Snale,WA 9S 104 Signature Report King County February 26, 2013 FCD Resolution Proposed No.FCD2013-02.2 Sponsors 1 A RESOLUTION relating to the Briscoe-Desimone levee on the 2 Green River; initiating a comprehensive planning process and 3 providing funding for the Briscoe-Desimone levee project on 4 certain conditions. 5 WHEREAS,public safety is the highest priority for the allocation of King 6 County Flood Control Zone District ("District")funds; and 7 WHEREAS,the District seeks to address urgent flood risk reduction needs 2 throughout King County; and 9 WHEREAS,the Green River valley is home to over 100,000 jobs, contains one 10 of the largest warehouse and distribution complexes in the nation,has an annual payroll 11 of$2.8 billion (one-eighth of the gross domestic product of the state of Washington) and 12 accounts for annual taxable revenue of over$B billion; and 13 WHEPEAS, Policy G-13 of the 2006 King County Flood Hazard Management 1.4 Plan, which has been adopted by the District as its comprehensive plan("District's 15 Comprehensive Plan"), states that 1Zing County and the cities and Towns therein should 16 work cooperat vely to manage Roodplaiu resources; and 17 WHEREAS, Policy 6-9 of the District's Comprehensive Plan states that King IS County's rivers and tributaries and their associated Iloodplains should be managed for 19 multiple, and sometimes competing, uses and objectives; and 1 FCD Resolution 20 WHEREAS,the Briscoe-Desimone levee on the Green River is located between 21 South 180th Street and South 200th Street in the cities of Kent and Tukwila('Briscoe- 22 Desimonc Levee"); and 23 WHEREAS, in 2012 the Washington state legislature awarded to the District a 24 grant of$7 million for the Briscoe-Desimone Levee prgject; and 25 WHEREAS, the District hired an expert third patty("Third-Party Reviewer")to 26 review two alternative designs for the Briscoe-Desimone Levee improvements; and 27 WHEREAS,the Third-Party Reviewer has expertise in analyzing the stability of 28 I-walls and levees, and served on national independent review panels for levee failures in 29 the state of Louisiana following Hurricane Katrina and on review panels for the 30 Sacramento-San Joaquin Delta in California; and 31 WHEREAS, on January 29,2013,the Third-Party Reviewer submitted to the 32 Disn let a report of his analysis and findings, entitled 'Expert Engineering Independent 33 Third-Party Review,Briscoe-Desinone Levee Design, Green River Basin, State of 34 Washington" ("Report"); and 35 WFJE.RFA S, on January 23 and February 7,2013,the Third-Party Reviewer gave 36 a presentation of his analysis and findings to the District executive committee, which 37 considered the presentation,the Report and conunents front the public., including 38 comments by Icing County,the city of Kent, and interested organizations; and 39 W-EREAS; based on the District's Comprehensive Plan,the Report, and 40 repots, information and data prepared by District staff,consultants and contractors,the Board of Supervisors of the District desires to select one of the two alternative designs 2 FC❑ Resolution 42 for the Briscoe-Desimone Levee improvements and to authorize funding for the Briscoe- 43 Desimone levee; now,therefore 44 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING 45 COUNTY FLOOD CONTROL ZONE DISTRICT: 46 SECTION 1. The District will initiate a comprehensive planning process, such 47 as the United States Army Corps of Engineers'System-wide Improvement Framework, 48, after accepting at an executive committee meeting the information provided about the 40 scope,anticipated staff time and estimated costs. Issues to be studied should include, but 50 are not limited to,the following: 51 A. Safely and levee heights; �2 B. Economic objectives; 53 C. Environmental objectives; 54 D. Howard Hanson Dam risk assessment; 55 E. Land use; ,S6 F. Operations and maintenance; and 57 G. FEMA levee accreditation. SS SECTION 2. The District will execute a grant agreement with the state of 55 `Washington for tile, V million grant awa?d for the Briscoe-Desimone levee project as '50 soon as possible. 61 SECTION 3, The District will provide funding for the Briscoe-Desimone r2 levee project designed using setback levees that are retained by walls on the landward FCD Resolution 63 side at the four outside bends of Green River between South 200th and South 180th 64 Streets in the Cities of Kent and Tukwila and incorporating the conditions and 65 responsibilities of this Resolution. 66 SECTION 4. For the Briscoe-Desimone levee project,the District supports the 67 use ofsetback levees that are retained by walls on the landward side. The following 68 conditions must be met: 69 A. The design and installation of the Briscoe Desimone levee project shall be 70 consistent with applicable state and federal regulations and standards, including but not 71 limited to the state Shoreline Management Act,the federal Clean Water Act,and state 72 water quality standards,and shall receive all necessary local,state, and federal permits. 73 B. The top of the setback levee retaining wall shall be consistent with the height 74 of the adjoining levee sections. 75 C. The city of Kent's ("City")responsibilities and conditions in relation to the 76 Briscoe-Desimone levee project are as follows: 77 1. The City, or its engineering consultants, shall submit to the District a 78 plan to provide for resiliency of the landside levee and wall in the event of overtopping. 79 fhe plan should include identification of the areas that are most susceptible to erosion, 80 such as the base walls and valleys on the landside slopes of Briscoe-Desimone Levee at 81 the bends. 82 2. The City shall rcclum and mitigate the potential for erosion. The Ciry, 83 or its engineering consultants, shall identify permanent or temporary strategics to 84 minimize erosion in these locations of potential erosion. FGD Resolution 85 3. If the City uses temporary erosion control measures, such as 86 sandbags,the City must commit to paying for and having on hand the materials and 87 necessary equipment to install the temporary measures in the event of over-topping. 88 4. Where the bases of the walls encroach on private property and the 89 erosion forces are more significant,the City shall obtain any necessary easements for 90 design or construction of or access to the Briscoe-Desimone levee. 91 5. The City shall move the setback wall back from the toe of the existing 92 levee iv the northernmost setback segment near the West Valley Highway,consistent 93 with the alternative of the GEI report prepared for the City and dated 2012. 94 6. Prior to release of District funds for the Briscoe-Desimone levee 95 project, the City shall provide to the District a plan to address potential corrosion of the 96 sheet pile walls.This plan must include options for addressing potential corrosion. 97 7. The City shall enter into an agreement with the Washington State 98 Department of Transportation related to the West Valley Highway and its role as a levee, 99 8. The City shall permit, design,and construct replacement of the trail to 1.00 meet Icing County Parka regional trail standards. 107. . 9. Any contracts between the City and any consultants, cnginecrs, contractors or 102 other design or construction entities (collectively, "contractors") shall include provisions whereby IM the City and its contractors name the King County Flood Control Zone District and King Conniy 104 as additional insureds. All such contracts shall provide insurance coverage to the King County 105 Flood Control Zone District and to Ding County, consistent with Icing County's guidelines and 106 requirements:or insurance for similar contracts. 5 FCD Resolution 107 10. The City and King County shall provide a monthly written report to the 108 Executive Committee on the first day of each month regarding implementation of the Briscoe- 109 Desimone levee project including any regulatory requirements that may impact the budget, 110 schedule, design, construction and/or maintenance. III 11. The City shall cover the costs of any maintenance for the project in excess of 112 the average annual maintenance and repair costs for the Green River($95,000 per mile per year). 113 This amount shall be adjusted for inflation annually. 114 D. King County's responsibilities and conditions,as the District's service provider, in 115 relation to the Briscoe-Desimone levee project are as follows: 116 1. King County shall include inspection of the sheet pile walls for . 117 corrosion in the County's operations and maintenance activities. 118 2. King County shall monitor deformation and erosion of the Briscoe- 119 Desimone Levee riverbank to provide quantitative and scientific information for future 120 projects about how the river is working with its flow regulated by the Howard Hanson 121 Dam.This information will assist the District in preparing public warnings in fire event of 122 a breach in the Howard Hanson Dam, 123 3. King County shall prepare a plan to ensure that materials and 124 equipment for emergency repairs to the Briscoe-Desimone levee are available in as 125 timely a manner as possible. 126 4. hing Couniy and'the City shall provide a monthly written report to the 127 executive committee on the first day of each month regarding implementation of the Briscoe- 128 Desimone levee project including any regulatory requirements that may impact the budget, 129 sohedule, design, construction, and/or maintenance. 5 FCD Resolution 130 5. King County as the District's service provider will provide the 131 District with thnely technical assistance in reviewing plans submitted to the District by 132 the City. 133 SECTION 5. The District shall provide funding for inspections,operations and 134 maintenance on the Briscoe-Desimowe levee.King County,,as the District's service provider, 135 shall inspect,maintain and repair the Briscoe-Dcsimone levee. 136 SECTION The District will ensure that public safety plans are in place, 137 including annual outreach to residents and workers along the Green River,as well as 138 other basins in King County. The District will make these plans a priority in the 139 District's 2014 budget, 140 SECTION 7. The District will encourage all businesses and residents in low- 141 lying areas near rivers,regardless of levee accreditation,to purchase flood insurance. 142 SECTION 8. The conditions along the South 200th Street to South 180th Street South 143 corridor in the cities of Kent and 'Tukwila represent a unique set of circumstances in King 144 County. The approval of the use of flood walls in this location does not set a precedent for their 145 use in other parts of the County or the Green River corridor, nor should this limited use be 146 considered a cl rparture from the District's intent of setting back levees where appropriate. 147 SECTION 9. The District hereby directs District staff to work with King County to 148 develop a funding str-ategy for consideration by the District using bond financing to accelerate 149 higli-priority flood protection projects throughout the county that are not fully funded through 150 pay-as-you-go implementation of the District's capital improvement program, This strategy 151 should consider the,long-term financial stability of die Flood Control District,the ability to 152 commit Flood District revenue to pay necessary debt service over the life of the howl,the 7 FCD Resolution 153 preservation of capacity to provide for ongoing maintenance,and the maintenance of adequate 154 reserves to respond to flood emergencies. 155 FCD Resolution was introduced on and passed as amended by the King County Flood Control District on 2/26/2013, by the following vote: Yes: 8 -Mr. Phillips, Mr. von Reichbauer, Mr. Gossett,Ms. Hague, Ms. Patterson, Mr. Dunn, Mr. McDermott and Mr. Denibowski No: 0 Excused: I -Ms. Lambert ICING COUNTY FLOOD CONTROL ZONE DISTRICT KING CJU WASHINGTON 47 Reagan Dumi,Chair ATTEST: h Acme Noris,Clerk of the District Atfaclnnen"S:None 8 ATTACHMENT A TO EXHIBIT B SUPPLEMENTAL TERMS AND CONDITIONS—RESOLUTION 2012-02.2 1. The top of the setback levee retaining wall shall be consistent with the height of the adjoining levee sections, except as is appropriate for safety of cyclists, pedestrians and others using the trail along the top of the wall. Transitions at the ends of each wall shall provide for trail user safety and for levee erosion resistance from overtopping flows that might be concentrated around the ends of the wall and around the ends of trail user protection measures. 2. The City, or its engineering consultants, shall submit to the District a plan to provide for resiliency of the landside levee and wall in the event of overtopping. The plan shall include identification of the areas that are most susceptible to erosion, and shall propose appropriate protection measures for each of those areas. The City shall submit the plan as a recommendation for consideration and approval by the District in the Levee construction plan review process. 3. The City shall reduce and mitigate the potential for erosion. The City, or its engineering consultants; shall identify permanent or temporary strategies to minimize erosion in locations of potential erosion. The City shall submit these strategies as recommendations for consideration and approval by the District in the Levee construction plan review process. 4. If the City strategy to minimize erosion in the event of overtopping relies upon temporary erosion control measures such as sandbags, the City must commit to paying for and having on hand the materials and equipment, and access to sufficient labor, to install all temporary measures in preparation for overtopping. The City shall prepare a plan that describes the temporary measures, the staging of material and equipment, sources of labor; estimated time for installation, and specific river conditions that will tiggcz installation. This plan must be submitted for consideration and approval by the District in.the T_,evee construction plan review process. The City must also preparc before October 1 eacli year by staging all neeessary materials and equipment specified in the plan. 'Ihc City must fully install all such temporary measures irmnediately upon recognition that the trigger conditions in the approved plan are met. The City must also remove all such temporary measrres within eight weeks after flood conditions subside. The City is fully responsible for all associated costs including but not limed to materials, equipment, and labor. 15 EC approved (RB-RI<) 5. The City shall move the setback wall back from the landward toe of the existing levee in the northernmost setback segment near the West Valley Highway, consistent with the alternate alignment described by GEI Consultants, Inc., in section 8.1.2.5 of its April, 2012 draft FEMA Accreditation Report for the Briscoe-Desimone Levee System. 6. The plan to address potential corrosion of the sheet pile walls shall be submitted for consideration and approval by the District in the Levee construction plan review process. 7. The agreement with the Washington State Department of Transportation shall be approved by the District prior to the release of State or District funds for Reach 1 of the Levee. 8. To assist in implementing the District plan for emergency repairs, the City shall provide project design information and emergency plamring recommendations of observations, physical measurements, tolerances, thresholds, and considerations for the District's inspection and risk-based decision-making as appropriate for emergency plans associated with the Levee design. The City will provide this information to the District by August 1, 2014. 9. The City shall permit, design, and construct replacement of the trail to meet King County Parks regional trail standards. The City shall submit plans to King County Parks for review coincident with District plan review at each design phase. 16 EC approved (RG-RICO EXHIBIT C Levee Inspection,.Maintenance, Operation and 12cpair 1. The Levee shall he maintained and operated consistent with the District's Flood Hazard Management Plan Policy PROJ-6, Flood Protection Facility Design and Maintenance Objectives (or its successor)which states as follows: "[The District] should construct new flood protection facilities and maintain, repair or replace existing flood protection facilities in such a way as to: ® Require minimal maintenance over the long term, Ensure that flood or channel migration risks are not transferred to other sites, © Protect or enhance aquatic, riparian and other critical habitats, and ® Protect or enhance multiple beneficial uses of flood hazard area." 2. Levee maintenance and operation shall be based on a risk-based analysis approach. If a risk-based approach is not acceptable to FEMA, and as a result FEMA fails to issue a CLOMR or LOMR for the Levee, the District shall not be obligated to operate and maintain the Levee. 3. The upper 1/3 of the riverward slope above the OHW]\Q may be mowed and maintained in grass cover, 4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all times, including access by heavy construction equipment and earth-hauling machinery. 5. The landward Levee slope may be mowed and maintained in grass cover. 6. The 15-foot maintenance access and inspection area along the landward Levee toe may be mowed and maintained in grass cover. �. All such mowed areas may alternatively be planted and maintained with native riparian woody vegetation. 2. Upon acceptance of completed Levee construction by the District, the Levee, as constructed to these standards, shall he inspected by the District prior to loaf emergence each spring, at low-flow conditions in the late Susnrner or early Fall, prior to the onset of 17 K approved (M-RI:) fall rains and seasonal high flows; and during and immediately following flood events at Phase III (9,000 cfs) or greater. 9. All structural features of the Levee shall be inspected by the District for deterioration or damage, including the presence of any slope erosion, washouts, slumping, slides, or sloughing, and any conditions noted shall be included in prioritization of District and/or King County maintenance and repair needs, and in performance of maintenance and repair actions at the earliest appropriate opportunity. 10. All vegetation on the levee slopes, benches, or along the lower embankment shall be inspected by the District for erosion of the riverward embanlunent in the root zone, and appropriate corrective action shall be taken where such conditions may be present. 11. The District and/or King County shall perform continuing levee patrols during all Phase III or greater flood events. 12. Damaged or impaired Levee conditions observed by the District during flood patrols shall be evaluated for emergency repair actions. 13. Any emergency repairs performed will be inspected by the District at the next low-water period for evaluation of permanent repair needs or additional measures required to restore the function and integrity of all affected locations. 14. The District and/or King County shall prioritize repairs consistent with the adopted policies of the District's Flood Hazard Management Plan, or its successor. 15. The City shall be responsible for all local drainage inspections and maintenance. The District and King County shall not assume any responsibility for stormwater management activities. 18 C approved (R6-HI<) } RM-14 I � a I J �� � '/ rr•,�,/ i/if� � f�/r/j. �r r/ i k k ilf I u „2 1 rid , 1 / ,r YA 1A � G i0///i fal, �" ,rt➢rt V M1* I REACH 4 '' ri%%///;'� 1 pr y� �I�'�' i�Y�9➢�BY�N;�Ii� I�h�%����"�0 �In }S II i L i LEGEND BRISCOE-DESIMONE LEVEE �°°E'°"O` �.,..eee..,. p,,.,EM,E RIGHT BANK OF THE GREEN RIVER S.180lh ST.TO S.2001h ST. I ♦-ni R R MEE IIOf TO WALE cVweT\x-.nn ixvvin Vq\¢o"wuu.mg.nll iunnw a a M w a JP� w 0 0 U a 4- a % f ti- S 180TH ST �\ SW 43rd ST. 15 TUKWILA rr LEVEE a REACH_ 1 1 S 190th ST ± -i;,,fy ® vi �2 � Q REACH 2 < + �- 0 =QCN = z $ Z 3 } c T-z my -4. a� S 196th ST w > . REACH REACH 4 k CITY OF KENT t ENGINEERING DEPARTMENT CITY OF KENT FIGURE 2 DRAWN scAa Nor TO scAL LOCATION MAP �ggp�g g _._.... BRISCOE DESIMONE LEVEE w.x xixorox APPROVED DATE 10-10-12 G.\Oes�go`;09-3011 DESudONE WALLS SEPA\Il,,12.d 1, 10 10/2012 -.6:00 PM KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: October 1, 2013 SUBJECT: 2014 Washington State Arts Commission Project Support Grant - Accept MOTION: Accept the $3,950 grant from the Washington State Arts Commission, approve the expenditure of funds in the Kent Arts Commission's budget, and authorize the Parks Director to sign all necessary documents related to the grant's acceptance and expenditure. SUMMARY: The Washington State Arts Commission (WSAC) has awarded the Kent Arts Commission a program support grant for 2014. The Kent Arts Commission will use the funding to support the presentation of performances and educational outreach activities by Keola Beamer, Moanalani Beamer, and R. Carlos Nakai (world music and dance), as well as California Guitar Trio and Montreal Guitar Trio (classical and world guitar) as part of the Spotlight Series. EXHIBITS: Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACT: Kent Arts Commission Budget WASHINGTON STATE ARTS COMMISSION Grant Contract Program: Project Support—Level B—Midsize Arts Organizations FY14 Contract No.2014107 THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711 Capitol Way S,Suite 600,PO Box 42675,Olympia,WA 98504-2675 hereinafter referred to as the COMMISSION,and Name: City of Kent Arts Commission Physical 220 4th Avenue,South Address: Kent,Washigton 98032 Mailing 220,4theAyenue,South Address: Kent, ashington 98032 Phone No: 253-856-5050 Web Site: jlktpX://Www.kei)tarts.com Washington State UBI: N/A Federal Employee fD: 91:6001254 DUNS: 20253613 Social Security Number: N/A - hereinafter referred to as the CONTRACTOR. THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS: A. PURPOSE OF CONTRACT This Contract sets out the terms and conditions by which the COMMISSION provides a grant to the CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or program which is related to the conservation and development of artistic resources of the State of Washington.RCW - 43.46 provides the statutory authorization for making the grant. The funding is administered under WAC Title 30. B. DESCRTPTION OF THE ACTIVITY,PROJECT.OR PROGRAM CONTRACTOR shall use fiords provided under this Contract No.2014107 solely for the grant proposal funded through the Project Support for Midsize Arts Organizations for FY14 as described in Attachment A:Scope of Work. C. AMOUNT OF GRANT Total amount provided under this contract: THREE THOUSAND NINE HUNDRED FIFTY AND 00/100 Dollars ($3,950.00) 1. The Commission provides State Funds in the amount of ZERO AND 00/100 Dollars ($0.00)to the CONTRACTOR. 2. The Commission provides Federal Funds in the amount of 'THREE THOUSAND NINE HUNDRED FIFTY AND 00/100 Dollars ($3,950.00)to the CONTRACTOR. Applicable only if Contract includes Federal Funds: Federal Catalog of Domestic Assistance No: 45.025 Federal Grant No: 12-6100-2022 Grant Contract No.2014107 Page 2 of 13 3. CONTRACTOR;agrees to match this grant with cash and/or in-kind resources equal to or greater than the total funds provided by the COMMISSION. 4. Payments will be made in accordance with the payment schedule set forth in Attachment B. D. CONTRACT PERIOD Funds are awarded for the period beginning August 15,2013 to June 30,2014. The CONTRACTOR must expend all funds by the ending date of this contract. The CONTRACTOR shall notify the COMMISSION immediately in writing if any portion of the funds will not be expended by the end of the fiscal year. E. CONTRACT REPRESENTATIVES The following shall be the contact persons for all communications and billings regarding the performance of this '.. Contract. Either party shall provide written notification to the other of changes in contract representation. CONTRACTOR's Contract Representative: COMMISSION's Contract Representative '.. Name Ronda Billerbeck Name Christel Ratliff and Title: Cultural Programs Manager and Title: Program Coordinator Org. City.ofKentAr.ts_Co.=ission Org: Washington State Arts Commission- Name: Name: Grants to Organizations 220 4th Avenue.South Address: Address: PO Box 42675 I{ent,Washington, 98.032. Olympia,WA 98504-2675 Phone: 253-856-5050 Phone: (360)586-0026 .................... E-Mail: rbillerbeck kentwa. ov E-Mail: christel.ratliff,,aarts.wa. ov F. LIMITATION OF AUTHORITY The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only the COMMISSION's Agent shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this contract.The Agent may delegate this authority,but such delegation is effective only if in writing. See General Terms and Conditions for Contract Amendment or Modification procedures. G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the following,which by this reference,are made a part of this Contract: Attachment A: Scope of Work and Reporting Requirements AttachmentB: Payment Schedule Attachment C: General Terms and Conditions AttachmentD: llrvoice Voucher Attachment E: National Endowment for the Arts General Terms and Conditions for federal Funding Grant Contract No.2014107 Page 3 of 13 H. INSURANCE Automobile Liability:In the event that services delivered pursuant to this contract involve the use of vehicles,either owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the automobile to provide automobile liability insurance. The minimum limit for automobile liability is:$100,000/$300,000 bodily injury and$100,000 property damage. I. ENTIRE CONTRACT This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No other understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties. J. FINAL REPORT 1 The CONTRACTOR shall provide a Final Report to the COMMISSION within 30 days following the Contract Period ending date.All Filial Report materials must be submitted through the COMMISSION's Grants Online System at httpJ/wsac.cultureg7ants.org. i THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract. City of Ke Arts Commis on WASHINGTON STATE ARTS COMMISSION (signature ofpariy authoriz d to. for CONTRACTOR) Kris Tucker,Executive Director L I-I-,. Date: (printed name of signatory) 7 (printed title ofsignatory) i I Date: APPROVED AS TO FORM: (Signature of Kathryn Wyatt,Assistant Attorney General,State of Washington,July 11, 2013 on file in fiscal office) i i I j I i Grant Contract No.2014107 Page 4 of 13 I I GRANT CONTRACT-ATTACHMENT"A" Scope of Work and Reporting Requirements Program: Project Support—Level B—Midsize Arts Organizations FYI Contract No.2014107 CONTRACTOR:City of Kent Arts Commission The.CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Project Support assistance with: Kent Arts Commission will present two performances with educational outreach as part of the 2013-2014 Spotlight Series.Keola Beamer and company will present Malama Ko Aloha,an evening of Hawaiian music and culture,as well as slack key guitar and hula workshops.California Guitar Trio Montreal Guitar Trio will present a concert of world and classical guitar music and two school activities. Event Announcement and Documentation: The CONTRACTOR must provide to the Grants to Organizations office of the COMMISSION, any public announcement,press release,or other direct mail or electronic mail announcement of the event(s)funded under this contract.The CONTRACTOR will mail such public announcements to:. Grants to Organizations Washington State Arts Commission PO Box 42675 Olympia,WA 98504-2675. Final Report Obligations: Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to Organizations,30 days following the contract ending date;this is a contractual obligation for the grant. The completed form must be received by the Washington State Arts Commission(ArtsWA),Grants to Organizations, 5:00 P.Al.,August 1,2014.Final Report Materials must be submitted through the COMMISSION's Grants Online System bttp://wsac.culturegrants.org. Final Report Penalty: Grant recipients that do not submit Final Reports by the August 1,2014 deadline will have a 10%penalty deducted from any future grant from Grants to Organizations. Contacting Legislators: The Washington State Arts Commission's grant programs are made possible by appropriations from the State of Washington and the National Endowment for the Arts. It is important that legislators hear about the public benefit provided by ArtsWA's grant funds. For this reason,grant recipients are required to submit a copy of at least one letter to a state senator or state representative as part of their Final Report, if you are not sure who these elected officials are,or need their contact information,go to http://ai)p.leg.,Aa.gov/districtfilider. Logo Credit: 0. AD WA � NATIONAL WASHINGTON STATE EN 00 W M ENT ARTS COMMISSION MR THE ARTS Recipients of grants and programs are asked to credit ArtsWA in promotional communications about the grant.The ArtsWA logo maybe downloaded from the website:www.arts.wa.gov. Tf your grant includes federal funding(which would be stated on page 1 of your contract),you are also obligated to credit the National Endowment for the Arts (NEA)in the same manner as ArtsWA.NEA logos are downloadable at wtivw.arts.gov. Grant Contract No.2014107 Page 5of13 Attachment ��� GRANT CONTRACT-ATTACHMENT`B" II� Payment Schedule Program: Project Support—LevelB—Midsize Arts OrganizationsFY14 Contract No.2014107 CONTRACTOR: City of Kent Arts Commission The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration of section (2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the following terms and conditions: 1. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section D of the CONTRACT; 2. Payments will be made after the expenses for which COMMISSION funds were committed have been incurred; 3. All requests for payment shall be on the form of voucher set forth in Attachment D. 4. You have the option of obtaining your grant payments via direct deposit through the Department of Enterprise Services.The necessary forms are downloadable from www.arts.wa.zov/grants/grants- resources. 5. The COMMISSION will make payment to the CONTRACTOR within 30 business days of receipt of a properly completed invoice,which shall include documentation of authorized expenses. 6. The schedule for payment is as follows: Month/Year Amount 8/1/2013 $3,950.00 or upon project completion TOTAL AWARD $3,950.00 '... Grant Contract No.2014107 Page 6 of 13 Attachment B GRANT CONTRACT-ATTACHMENT"C" General Terms and Conditions Program: Project Support—LevelB—Midsize Arts OrganizationsFY14 Contract No.2014107 CONTRACTOR: City of Kent Arts Commission TABLE OF CONTENTS This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract. A. HEADINGS AND DEFINITIONS.........................................:...................................2 !.!. B. GENERAL CONTRACT TERMS Amendments or Modifications ....................................................................................2 Conformancewith Law................................................................................................2 Orderof Precedence......................................................................................__..........2 Severability..................................................................................................................2 Waiver of Default or Breach.......................................................................................2 C. PERFORMANCE AND GENERAL RESPONSIBILITIES Covenant Against Contingent Fees..............................................................................2 Indemnification.............................:..........................................:.........__......................3 Independent Capacity of Contractor......................_........,.........................................3 Nonassignability................ .............................3 ............................................................. Publicity/Acknowledgements.........................................................___.......................3 Reproduction...............................................................................................................3 Services within Washington........................................................................................3 D. COMPLIANCE WITH LAWS RECORDKEEPNG AND INSPECTIONS Americans with Disabilities Act..................................................................................3 Compliance with Applicable Law................................................................................3 Conflictof Interest.................................._...................................................................4 HazardousSubstances.......—.......................................................................................4 NondiscriminationLaws.........................................................................__.................4 Public Disclosure/Confidentiality................................................................................4 Records,Documents,and Reports...............................................................................4 Registration with Department of Revenue...................................................................5 Rightof Inspection......................................................................................................5 E. FUNDING REIMBURSEMENT AND BUDGET Advance Payments Prohibited.....................................................................................5 Fundsnot Supplanting.................................................................................................5 Taxes.......................................—.................................................................................5 Traveland Per Diem....................................................................................................5 F. TERMINATION AND DISPUTES Disputes.........,. ...5 ......................................................................................................... GoverningLaw and Venue..........................................................................................5 Savings .......................................................................................................................5 Termination for Convenience..............................__....................................................6 Termination or Suspension for Cause..........................................................................6 - G. ADDITIONAL FEDERAL FUNDING REQUIREMENTS Application..................................................................................................................6 Publicity/Acknowledgements —..................................................................................6 NEA General Terms and Conditions...........................................................................6 Grant Contract No.2014107 Page 7 of 13 Attachment C A. HEADINGS AND DEFINITIONS DEFINITIONS-As used throughout this Contract,the following terms shall have the meaning set forth below: "COMMISSION"shall mean the Washington State Arts Commission,any division,section,office,unit or other entity of the Commission,or any of the officers or other officials lawfully representing that Commission. "AGENT"shall mean the Executive Director,Washington State Arts Commission,and/or the delegate authorized in writing to act on his/her behalf. "CONTRACTOR" shall mean that firm,provider,organization,individual or other entity that has been awarded a grant of funds under this Contract,and shall include all employees of the CONTRACTOR. ',.. "NF.A"shall mean the National Endowment for the Arts. "SUBCONTRACTOR"shall mean one not in the employment of the CONTRACTOR,who is performing all or part of those services under this Contract under a separate contract with the CONTRACTOR. The terms ',...... "Subcontractor"and"Subcontractors"mean Subcontractor(s)in any tier. HEADINGS-Headings used in this Contract are for reference purposes only and shall not be considered a substantive part of this Contract. B. GENERAL CONTRACT TERMS AMENDMENTS OR MODIFICATION-This Contract may be amended or modified only by mutual consent of the COMMISSION and CONTRACTOR. To be effective,any amendment or modification must be in writing,signed by all parties,and attached hereto. No oral understanding or agreement binds the parties. CONFORMANCE-If any provision of this contract violates any statute or rule of law of the State of Washington,it is considered modified to conform to that statute or rule of law. ORDER OF PRECEDENCE—The items listed below are incorporated herein by reference. In the event of an inconsistency in this Contract,the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and Washington State statutes and regulations including applicable Federal and State Executive Orders. 2. Special Terms and Conditions of this Contract,including a. Scope of Work and Reporting Requirements b. Modifications to the General Terms and Conditions 3. General Terms and Conditions 4. NEA General Terms and Conditions if Federal funds are committed by this Contract. 5. All other attachments or material incorporated by reference. SEVERABILITY-If any provision of this Contract or any provision of any document incorporated by reference is held invalid,such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision,and to this end the provisions of this Contract are declared to be severable. WAIVER OF DEFAULT OR BREACH--Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.Waiver of any default or breach shall not be construed to be a modification of the terms of the Contract. C. PERFORMANCE AND GENERAL RESPONSH3ILITIES COVENANT AGAINST CONTINGENT FEES-The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage,brokerage or contingent fee,excepting bona fide employees or a bona fide established agent maintained by the CONTRACTOR for the purpose of securing business. The COMMISSION shall have the right,in the event of breach of this clause by the CONTRACTOR,to annul this Contract without liability,or,in its discretion,to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage,brokerage or contingent fee. Grant Contract No.2014107 Page 8 of 13 Attachment C INDEMNIFICATION—To the fullest extent permitted bylaw,the CONTRACTOR shall indemnify defend,and hold harmless the State of Washington,including the COMMISSION and all officials,agents,employees of the State from and against any liability,damages, claims,suits and/or expenses arising out of or resulting from performance of this Contract,including,but not limited to,injury to persons or property,failure to follow applicable law,acts that are libelous or slanderous,and the violation or infringement of any copyright,patent,trademark,trade name or unfair trade practice law. The CONTRACTOR's obligation to indemnify,defend,and hold harmless includes any claim by the CONTRACTOR's agents, employees,representatives,or any subcontractor or its employees.The CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the extent claim is caused in whole or in part by negligent acts or omissions of the CONTRACTOR. INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship. The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the COMMISSION or the State of Washington.The CONTRACTOR and its employees or agents will not hold themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by reason of this Contract and will not make any claim,demand,or application to or for any right or privilege which would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise supervise the manner in which this Contract is performed. NONASSIGNABTLTTY—The CONTRACTOR shall not assign this Contract,any rights or obligations under this Contract,or any claim arising under this Contract without prior written consent of the COMMISSION. PUBLICITY/ACI{NOWLEDGEMENTS—The CONTRACTOR shall acknowledge the COMMISSION in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from this Contract, as follows:"This program is supported,in part,by a grant from ArtsWA(the Washington State Arts Commission)." REPRODUCTION-The CONTRACTOR relinquishes to the State and its assigns royalty-free,irrevocable,non- exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials that result from this Contract,provided that such use or reproduction shall be only for government purposes.Data shall include,but is not limited to,reports,documents,pamphlets,other printed matter,photographs,and sound recordings.Government purposes shall include,but are not limited to,(1)internal documents such as memoranda and(2)public releases such as advertising,brochures,media publicity and catalogs or other similar publications, social media or other electronic communications,provided that the author or artist is credited.All reproductions of copyrightable material by the State in public releases shall contain a credit to the author or artist where applicable. SERVICES WITHIN WASHINGTON-The CONTRACTOR agrees that no funds under this Contract will be used for activities or services outside the State of Washington,without prior authorization of the COMMISSION. - D. COMPLIANCE«'ITH LAWS RECORDKEEPING,AND INSPECTION ANIERTCANS W11II➢ISABTLITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,also referred to as the "ADA"28 CRF Part 35.—The CONTRACTOR must comply with the ADA,which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment,public accommodation,state and local government services,and telecommunications. COMPLIANCE WITH APPLICABLE LAW.The CONTRACTOR shall comply with all applicable and current federal,state,and local laws,regulations,and policies,including all applicable local,state,and federal licensing, accreditation and registration requirements/standards necessary for the performance of this Contract. In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy,the COMMISSION may rescind,cancel or terminate this Contract for cause in whole or in part. The COMMISSION also may declare the CONTRACTOR ineligible for further grant awards from the COMMISSIONT. CONFLICT OF INTEREST. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMISSION may,by written notice to the CONTRACTOR,terminate this Contract if it is found after due notice and examination by the COMMISSION that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW,or any similar statute involving the CONTRACTOR in the procurement of,or performance under,this Contract._ Grant Contract No.2014107 Page 9 of 13 Anachment C In the event this Contract is terminated as provided above,the COMMISSION shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR. The rights and remedies of the CO.VIMISSION provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this Contract. HAZARDOUS SUBSTANCES. The CONTRACTOR wrill defend,protect and hold harmless COMMISSION and any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances as defined by state and federal law on the property covered by the project. NOATDISCRIMINATION LAWS—During the performance of this Contract,the CONTRACTOR shall comply with all federal and state nondiscrimination laws,regulations,or policies.If the CONTRACTOR does not comply or refuses to comply with nondiscrimination laws,regulations or policies,the COMMISSION may rescind,cancel,or terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts with the COMMISSION. The CONTRACTOR shall be given a reasonable time in which to cure noncompliance. Any dispute may be resolved in accordance with the"Disputes"provision in this Contract. PUBLIC DISCLOSURE/CONFIDEN'TIALiTY—CONTRACTOR acknowledges that the COMM1SS10N is subject to Chapter 42,17 RCW,the Public Disclosure Act and that this Contract shall be a public record as defined in RCW 42.17.250 through 42,17.340. Any specific information that is claimed by the CONTRACTOR to be confidential or proprietary must be clearly identified as such by the CONTRACTOR. To the extent consistent with Chapter 42.17 RCW,the COMMISSION shall maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view the CONTRACTOR's information,the COMMISSION will notify the CONTRACTOR of the request and the date that such records will be released to the requester unless CONTRACTOR obtains a court order enjoining that disclosure. If the CONTRACTOR fails to obtain the court order enjoining disclosure,the COMMISSION will release the request information on the date specified, RECORDS DOCUMENTS,AND REPORTS—The CONTRACTOR shall maintain complete financial records, including all accounts,books,records,documents,invoices and other evidence,that sufficiently and properly reflect all direct and indirect costs of any nature expenses incurred and revenues acquired under this Contract. The records must clearly show that matching expenditures,if required,are not less than the amount granted in the approved application and this Contract. The system of accounting employed by the CONTRACTOR shall be in accordance with generally accepted accounting principles,and will be applied in a consistent manner so that the project finances can be clearly identified. These records shall be subject at all reasonable times to inspection,review,or audit by personnel duly authorized by the COMMISSION,the Office of the State Auditor,and Federal officials so authorized by law,rule,regulation,or contract. The CONTRACTOR will retain all books,records, documents,and other materials relevant to this ''.... Contract for six years after termination or expiration of the Contract,and make them available for inspection by '...... persons authorized under this provision. 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. REGISTRATION WITH THE DEPARTMENT OF REVENUE-The CONTRACTOR shall complete registration, if required by law,with the Washington State Department of Revenue,P.O.Box 47450,Olympia,WA 9 8 5 04-7450, http://dor.wa.gov. Tile CONTRACTOR shall be responsible for payment of all taxes due on payments made under this Contract. RIGHT OF INSPECTION—The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the COMMISSION pertinent to the intent of this Contract,including right of entry for periodic site inspections.The CONTRACTOR shall provide right of access to the facilities and/or site of the activity,project,or program to the COMMISSION,or to any of its officers,or to any other authorized agent or official of the State of Washington or the Federal government at all reasonable times,in order to monitor and evaluate performance,compliance,and/or quality assurance under this Contract. Grant Contract No.2014107 Page 10 of 13 Attachment C E. FUNDING REIMBURSEMENT AND BUDGET ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the COMMISSION. TAXES—All payments accrued on account of payroll taxes,unemployment contributions,any other taxes,insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR. TRAVEL AND PER DIEM-In the event the Contract expressly provides for the CONTRACTOR to be reimbursed for out-of-pocket expenses,the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage and per diem in effect at the time these expenses are incurred. The CONINUSSION reserves the right to audit documents supporting billings made for out-of-pocket expenses. F. TERMINATION AND DISPUTES DISPUTES.Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot be resolved by direct negotiation,either party may request a dispute hearing of the other according to the process set out in this section. Either parry's request for dispute hearing must be in writing and clearly state: 1. The disputed issue(s); 2. The relative positions of the parties; 3. The CONTRACTOR's name,address and project title. The requesting party shall mail the request for hearing to the other party within 5 working days after the parties agree that they cannot resolve the dispute.Within 5 working days of receipt of the request,the receiving party shall respond by either accepting or refusing the request for dispute resolution. _ If both parties agree to a dispute hearing,the dispute shall be heard by a panel of three persons consisting of one person selected by the CONTRACTOR,one person selected by the COMMISSION,and a third person chosen by the two persons initially appointed.Any hearing under this section shall be informal,with the specific processes to be determined by the panel according to the nature and complexity of the issues involved. The process maybe solely based upon written material if the parties so agree. Provisions of this Contract shall govern the panel in deciding the disputes.The parties shall equally share all cost associated with implementation of this process. The decision of the panel shall not be admissible in any succeeding judicial or quasi-judicial proceeding '.. concerning the Contract. The parties agree that these dispute resolution proceedings shall precede any action in a judicial or quasi-judicial tribunal,Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternative dispute resolution method in addition to the dispute resolution procedure outlined above. GOVERNING LAW AND VENUE—Washington law shall govern this Contract. In the event of a lawsuit involving this Contract,venue shall be proper in Thurston County. - SAVINGS If any State,Federal,private,or other funding source withdraws,reduces,or limits in any way the funds appropriated for the work under this Contract prior to normal termination of the Contract,the COMMISSION may terminate the Contract without advance notice. At the COMM7SSION's discretion,the parties may renegotiate the Contract under those new funding limitations and conditions.If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. '.... TERMINATION FOR CONVENIENCE-Either party may terminate this Contract upon 15 days'prior written notification to the other party. If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION OR SUSPENSION FOR CAUSE—in the event the COMMISSION determines the CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner,the COMMISSION has the right to suspend or terminate the Contract. Before suspending or terminating the Contract,the COMMISSTON shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action '.. is not taken within fifteen(15)days of receiving notice,the COMMISSION may terminate or suspend the Contract. Grant Contract No.2014107 - Page 11 of 13 Attachment C If the Contract is terminated for cause,the COMNIISSTON reserves the right to require the CONTRACTOR to repay all or any portion of funds paid to the CONTRACTOR prior to termination.The CONTRACTOR shall make repayment within thirty(30)days of the demand. If the CONLMISSION is required to institute legal proceedings to enforce this repayment provision,the COMMISSION shall be entitled to its costs,including reasonable attorneys' fees.However,repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy available to the COMMISSION shall be deemed exclusive. The COMMISSION may elect to exercise any single, any combination,or all of the remedies available to it under this Contract,or under any provision of law,common law,or equity. G. ADDITIONAL TERMS AND CONDITTONS IF GRANT INCLUDES FEDERAL FUNDS. APPLICATION—If federal funds are committed by this Contract,the CONTRACTOR shall abide by the following conditions. PUBLTCTTY/ACKNOWLEDGEMENTS—The PUBLICTTY/ACKNOWLEDGEMENT provision elsewhere in this Contract is hereby amended as follows: "The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from this Contract,as follows:"This program is supported,in part,by a grant from the Washington State Arts Commission(now also known as"ArtsWA")and the National Endowment for the Arts." Additionally,all printed materials shall display the NEA logo as per NEA General Terms and Conditions, Attachment E. NEA GENERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements(Federal Laws,rules, regulations and OMB Circulars)enumerated in the NEA General Terms and Conditions apply to the CONTRACTOR.As a subgrant recipient,the CONTRACTOR shall abide by the NEA General Terms and Conditions not inconsistent with the Special and General Terms and Conditions of this Contract. Grant Contract No.2014107 Page 12 of 13 Attachment C i Washinaton State Arts Commission CONTRACT-ATTACHMENT E National Endowment for the Arts (NEA) Federal Subgranting Requirements Updated July 2013 This grant includes federal funds from the National Endowment for the Arts. Signing and returning your grant contract confirms your compliance with all pertinent federal requirements, regulations and laws, including the following: A. Project Costs supported by the NEA—There may be no overlapping project costs between two or more Federal awards. This grant may not be used to match a direct grant from the NEA (or vice versa). B. Uniform Administrative Requirements—establishes administrative standards to ensure consistency among recipients of Federal awards. OMB CircularA-110 applies to grantees that are non-profit organizations, colleges, and universities; 45 Code of Federal Regulations Part 1157 applies to grantees that are units of state and local governments and federally recognized Indian Tribal governments. C. Cost Principles—establishes allowability of costs for work performed under an Arts Endowment award. OMB CircularA-122 applies to grantees that are non-profit organizations other than institutions of higher education; OMB CircularA-21 applies to public and private institutions of higher education; OMB Circular-87 applies to local governments and federally recognized Indian tribal governments D. Title VI of the Civil Rights Act of 1964 as amended, provides that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Title VI also extends protection to persons with limited English- language proficiency. E. Title IX of the Education Amendments of 1972 provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance F. Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. G. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled individual in the United States, shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. Under this regulation, a federally funded arts program when viewed in its entirety must be accessible to all persons. The National Endowment for the Arts issued its regulations in 1979 (amended 2003) to enforce the existing law (45 CFR 1151). You must have a Section 504 self-evaluation on file at your organization. Additional information, including The Arts and Humanities Accessibility Checklist, is available online at http://www.arts.gov/resources/Accessibility , H. Americans with Disabilities Act(ADA) of 1990, as amended, prohibits discrimination on the basis of disability in employment (Title 1), State and Local Government Services (Title 11), and places of public accommodation and commercial facilities (Title 111). I. Labor Assurance—you must comply with the labor standards set out in 29 CFR Part 505. You provide this assurance by signing and returning your grant invoice(s)to ArtsWA. J. Federal Debt Status (OMB CircularA-129) —you may not be delinquent in the repayment of any federal debt. K. Debarment and Suspension (NEA regulations implementing Executive Orders 12549 and 12689 in Title 2 CFR, Chapter 32, Part 3254) if the NEA receives information regarding a grantee's fitness to administer federal funds such as fraud or theft, lack of business integrity, or any other cause of so serious or compelling a nature that it affects an organization's present responsibility, they may suspend funds and debar the grantee from future federal funding for a period of up to three years. Signing this grant contract also confirms that you are presently fit to administer the terms of the grant, with no evidence to the contrary or any previous cause for debarment or suspension. L. The National Historic Preservation Act of 1966 applies to any Federal funds that would support either the planning or major renovation of any structure eligible for or on the National Register of Historic Places, in accordance with Section 106. M. The National Environmental Policy Act of 1969 applies to any Federal funds that would support an activity that may have environmental implications (e.g., outdoor murals, outdoor festivals, outdoor sculptures, etc.). N. Prohibition Against Lobbying: 0148 CircularA-122/Section 319 of Public Law 101-121, codified at 31 U.S.C. Sec. 1352145 CFR Part 1158: grantees must adhere to the prohibition against lobbying within a federally supported grant project which states that no federal appropriated funds have been paid or will be paid by or on behalf of the grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into any federal grant or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. O. Native American Graves Protection and Repatriation Act of 1990 applies to any organization which controls or possesses Native American human remains and associated funerary objects, and which receives Federal funding, even for a purpose unrelated to the Act. Additional information about the above federal requirements are available on the NEA website http:/twww.nea.govfmanageaward/GTC.pdf. In addition, the NEA requires that vou: • Provide ArtsWA with a final report. ArtsWA reserves the right to request additional information or reports necessary for us to fulfill all applicable Federal reporting requirements. • Use U.S. air carriers for foreign travel consistent with the Fly America Act. • Maintain financial records and supporting documents pertinent to the award for three years following submission of your final report. During the project period and the subsequent three- year retention period, ArtsWA reserves the right to request timely and unrestricted access to project records. • Make your best effort to purchase American-made equipment and products, consistent with the Buy American Act. KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: October 1, 2013 SUBJECT: New Connections Lease Agreement — Authorize MOTION: Authorize the Mayor to sign a five year Lease Agreement with New Connections to rent the city-owned building located at 422 West Titus Street, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: New Connections, a nonprofit agency serving Kent residents, has been a tenant in the City-owned building located at 412 West Titus Street since June, 2003. The condition of the current location is no longer adequate to run the tenant's programs, therefore, the tenant will be moving to the City-owned building located next door at 422 W. Titus. In consideration of this five year agreement, New Connections will pay all costs associated with or arising out of the maintenance, operation, and agreed upon tenant improvements (Exhibit B) of the leased premises in lieu of paying rent. New Connections will also pay monthly leasehold excise tax in the amount of $267.30 based on an estimated fair market rental value of $2,349 per month. Through an agreement and funding received by DSHS and its Career Path Services Program, New Connections provides work and office skills training to 6-12 individuals annually. Through this training, New Connections gained valuable (no-cost) employees, which allowed New Connections to provide extremely low cost assistance to the community. EXHIBITS: Lease Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Facilities Lease Budget LEASE AGREEMENT BETWEEN THE CITY OF KENT AND NEW CONNECTIOtN'S THIS LEASE AGREEMENT ("Lease') is entered into by and between the CITY OF KENT, a municipal corporation of the State of Washington („City"), and New Connections, a Washington non-profit corporation ('Tenant"). The City and Tenant agree as follows: AGREEMENT 1. PREMISES.. 1,1 Premises Refined, The City leases to Tenant and Tenant leases from the City the real property described in Exhibit A, which is attached to this Lease and incorporated by this reference,, and buildings located at 422 West Titus Street, Kent, Washington (collectively the "Premises" or "Leased Premises"), The City will use the parking lot on the Premises for parking of City vehicles and employee parking. 1.2 Survey, Maps, and Plans. Tenant is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City. 13 Inspection. The City makes no representation regarding the condition of the Premises. Tenant is currently in possession of the Premises under a prior lease agreement. Tenant shall be deemed to have accepted possession of the Premises in "as-is condition,' 2. TERM. 2,1 Term Refined. The term of this Lease shall commence on October 1, 2013 ("Commencement Rate"), and shall terminate on September 30, 2018, (the "Termination Rate"), unless terminated sooner under the terms of this Lease. 2.2 Right to Terminate Early Without Cause. City and/or Tenant shall have the right to terminate this Lease at any time during the Term upon ninety (90) days' prior written notice of termination to the other party. LEASE AGREEMENT - 1 (October 2013) (Between City of Kent and New Connections) 2.3 End of Term. Upon the expiration or termination of the Term, as applicable, Tenant shall surrender the Premises to the City in the same or better condition as on the Commencement Date, reasonable wear and tear excepted. Non-permanent appliances, personal property, and trade fixtures belonging to Tenant or Tenant's Residents shall be removed by the Tenant at the end of the Term. Any of the aforementioned items remaining at the end of the Term shall be moved off of the Premises by the City at the Tenant's expense. 2.4 Hold Over. If Tenant remains in possession of the Premises after the Termination Date, the occupancy shall not be an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party with thirty (30) days' written notice. The monthly rent during the holdover shall be the same rent that would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms, If the City provides a notice to vacate the Premises in anticipation of the termination of this Lease or at any time after the Termination Date and Tenant fails to do so within the time set forth in the notice, then Tenant shall be a trespasser and shall owe the City all amounts due under applicable law, 3. LEASE PAYMENT. 3.1 Monthly Payment. During the Term hereof, Tenant may occupy the leased premises rent free; in consideration of which Tenant shall: a. pay leasehold tax at a rate established by the State of Washington, currently 12.84%, in the amount required by law if Tenant were to pay the monthly rental market rate of $2,349.00; b, make all improvements at Tenant's sole expense, as outlined in Exhibit 8; subject to a final inspection and the approval of the Kent Building Code Inspector and the Facilities Superintendent of the Kent Parks, Recreation and Community Services Department; and C, pay all costs associated with or arising out of the use, maintenance, and operation of the Leased Premises, 4. OTHER EXPENSES. LEASE AGREEMENT - 2 (October 2013) (Between City of Kent and New Connections) During the Term, Tenant shall pay the following additional expenses:. 4.1 Utilities. Tenant shall pay all fees charged for utilities in connection with the use and occupancy of the premises, including but not limited to electricity, water, sewer, garbage, gas, and telephone service in a timely manner and prior to delinquency, 4.2 Proof of Payment. Tenant shall, if required by the City, furnish to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 4.3 Failure to Pay. If Tenant fails to pay any of the amounts due under this Lease, the City may pay the amount due, and recover its cost from the Tenant.. Tenant shall pay City said amounts due within thirty (30) days of written notice from the City. If the City pays or advances any amounts for or on behalf of Tenant, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials, costs of removal and disposal of improvements pursuant to Section Fa below, or other amounts not paid when due, Tenant shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date the City notifies Tenant of the payment or advance. S. USE. 5.1 Permitted Use. Tenant shall use the Leased Premises to provide temporary single-family dwellings for homeless families with children under fourteen years of age („Residents") and for no other purpose without first obtaining the City's prior written consent. 5.2 Restrictions on Use. Tenant shall not cause or permit any damage to natural resources on the Premises, Tenant covenants and agrees that Hazardous Substances, as defined in Section 5,5, will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Premises, except in accordance with all applicable laws, Tenant shall also not cause or permit any filling activity to occur on the Premises, This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Premises. Tenant shall neither commit nor allow waste to be committed to or on the Premises. If LEASE AGREEMENT - 3 (October 2013) (Between City of Kent and New Connections) Tenant fails to comply with all or any of the restrictions on the use of the Premises set out in this Subsection 5,2, the City shall notify Tenant and provide Tenant a reasonable time to take all steps necessary to remedy the failure. If Tenant fails to do so in a timely manner, then the City may take any steps reasonably necessary to remedy this failure, Upon demand by the City, Tenant shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Premises. The covenants contained in Section 5.2 shall survive expiration or termination of this Lease. 5.3 Conformance with Laws. Tenant shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Premises. 5.4 Liens and Encumbrances. Tenant shall keep the Premises free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Premises, Should a lien be recorded against the Premises arising from actions by the Tenant, Tenant shall have thirty days after written notice by City to remove the lien, 5.5 Definition — Hazardous Substance. "Hazardous Substance" means any substance that now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 19€ 0, 42 U.S.C. 9601 and Washington's Model Toxics Control Act, RCW 70.105D.010. 5.6 Miscellaneous. Tenant shall maintain smoke detection devices and carbon monoxide detectors in accordance with the manufacturer's recommendations, including the replacement of batteries as required for the proper operation of the smoke detection device and carbon monoxide detectors, Tenant shall properly dispose of all rubbish, garbage, and other organic or flammable waste in a clean and sanitary manner at reasonable and regular intervals, and Tenant shall assume all costs of extermination and fumigation for infestation caused by Tenant.. 6. IMPROVEMENTS. LEASE AGREEMENT - 4 (October 2013) (Between City of Kent and New Connections) 6.1 Tenant-Owned Improvements, Tenant shall be responsible for all of Tenant's improvements to the Premises. So long as this Lease remains in effect, Tenant shall retain ownership of all authorized Tenant improvements and trade fixtures it may place on the Premises (collectively "Tenant-Owned Improvements"), Tenant-Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Premises by the City or any Unauthorized Improvements as defined in Subsection 6.4 below. No Tenant-Owned Improvements shall be placed on the Premises without the Cty's prior written consent. 6.2 Construction. Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether City-Owned or Tenant- Owned), Tenant shall submit to the City its plans that describe the proposed activity. The City shall have fifteen (15) days in which to review the proposed plans. The plans shall be deemed approved and the requirement for the City`s written consent shall be treated as waived, unless the City notifies Tenant otherwise within the fifteen (15) days. The City`s consent and approval shall not be required for any routine maintenance or repair of improvements made by the Tenant pursuant to its obligation to maintain the Premises in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Premises. Any improvements shall be done in conformity with the Uniform Building Code and City of Kent regulations. All work performed shall be done in a workmanlike manner. The provisions of this section do not apply to obviate any permit requirements that may apply to the proposed activity. 6.3 Removal. Tenant-Owned Improvements shall be removed by Tenant by the Termination Date, so long as such removal does not damage the Premises and the Premises is restored to its original condition or better. If the Tenant- Owned Improvements remain on the Premises after the Termination Date, they shall become the property of the City without payment by the City. Any Tenant- Owned Improvements remaining on the Premises at the end of the term that the City deems need to be removed shall be removed by the City at the Tenant's expense, 6,4 Unauthorized Improvements, Improvements made on the Premises without the City's prior consent pursuant to Subsection 6.2 or that are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately become the property of the City, unless the City LEASE AGREEMENT - 5 (October 2013) (Between City of Kent and New Connections) elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option„ require Tenant to sever, remove, and dispose of them. If Tenant fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Tenant for the cost of removal and disposal. 7. ASSIGNMENT AND SUBLETTING. 7.1 City Consent Required. Tenant shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or the Premises without the City's prior written consent. In the event of such consent, each permitted transferee shall assume all obligations under this Lease.. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Tenant.. 7.2 Event of Assignment. If Tenant is a corporation, a dissolution of the corporation or a transfer (by one or more transactions) of a majority of the voting stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a partnership, a dissolution of the partnership or a transfer (by one or more transactions) of the controlling interest in Tenant shall be deemed, an assignment of this Lease. 7.3 Rent Payments Following Assignment. The acceptance by the City of consideration following an assignment or other transfer shall not constitute consent to any assignment or transfer. 8. INDEMNITY. 8.1 The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Tenant or Tenant's Residents) occurring on or about the Premises and caused by or resulting from any act or omission by Tenant, Resident, officer, agent, employee, guest, invitee, or visitor of Tenant or Tenant's Resident, and Tenant agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents of the City, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Premises or on any areas adjoining the Premises that is under the control or use of Tenant pursuant to this Lease and arising out of or in connection with Tenant's use and occupancy of the Premises, LEASE AGREEMENT - 6 (October 2013) (Between City of Kent and New Connections) including all legal costs and attorney fees, arising out of or in connection with this Lease, except for that portion of injuries and damages caused solely by the City`s negligence. 8.2 Should a court of competent jurisdiction determine that this Lease 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 Tenant and the City, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY, UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION.. This waiver has been mutually negotiated by the parties, 8.3 The provisions of this Section 8 shall survive the expiration or termination of this Lease. 9. INSURANCE. Tenant agrees to comply with the insurance requirements of Exhibit C at all times during the term of this Lease. 10. MAINTENANCE AND REPAIR. 10.1 The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Premises, or any part of the Premises, during the term of this Lease. 10.2 Tenant's Repairs, Alteration, Maintenance, and Replacement, (a) Tenant shall, at its sole cost and expense, keep and maintain the Premises, including the grounds, parking lot, and all improvements, in good order and repair, in a clean, attractive, and safe condition, (b) Tenant shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Premises or to any improvements on the Premises that may be required by any public authority. LEASE AGREEMENT - 7 (October 2013) (Between City of Kent and New Connections) (c) All additions, repairs, alterations, replacements or changes to the Premises and to any improvements on the Premises shall be made in accordance with, and ownership shall be governed by Section 6 above. 11.. DAMAGE OR DESTRUCTION. In the event of any damage to or destruction of the Premises or any improvements, Tenant shall promptly give written notice to the City. In the event of damage or destruction that renders the Premises unfit for Tenant's use, Tenant may terminate this Lease upon thirty (30) days' written notice to the City. 12. DEFAULT AND REMEDIES. 12A Event of Default, Tenant shall be in default of this Lease on the occurrence of any of the following: (a) Failure of Tenant to make the improvements as set forth in Exhibit 5; (b) Failure to observe or perform any of the covenants, conditions or provisions of this Lease, where such failure shall continue for a period of thirty (30) days after written notice from City to cure the default; (c) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (d) Failure to comply with any other provision of this Lease; (e) If proceedings are commenced by or against Tenant under any bankruptcy act or for the appointment of a trustee or receiver of Tenants' property, 12.2 City`s Remedies Upon Default. Upon an Event of Default, the City may terminate this Lease with thirty (30) days` written notice to terminate and remove Tenant by summary proceedings or otherwise, The City may also, without terminating this Lease, relet the Premises on any terms and conditions as the City in its sole discretion may decide are appropriate, If the City elects to relet, rent received by it shall be applied: (1) to the payment of any indebtedness other than rent due from Tenant to the City; (2) to the payment of any cost of such reletting; and 3) to the payment of the cost of any alterations and repairs to the Premises. LEASE AGREEMENT - 8 (October 2013) (Between City of Kent and New Connections) Any balance shall be held by the City and applied to Tenant's future rent as it becomes due, Tenant shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly. The City's reentry or repossession of the Premises under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless the City gives a written notice of termination to Tenant or termination is decreed by legal proceedings. The City may at any time after reletting elect to terminate this Lease for the previous Event of Default with ten (10) days' written notice. 13. ENTRY BY THE CITY. The City shall have the right to enter the Premises at any reasonable hour to inspect for compliance with the terms of this Lease upon forty-eight (48) hours notice, unless an emergency exists in which event the City may enter immediately, 14. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: The City: City of Kent Parks, Recreation and Community Services Attn: Superintendant of Facilities 220 Fourth Avenue South Kent, Washington 98032 Tenant: New Connections Attn: Randall Smith 422 west Titus Street Kent, Washington 98032 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable, 15. MISCELLANEOUS. 15.1 Authority. Tenant and the person or persons executing this Lease on behalf of Tenant represent that Tenant is qualified to do business in the State of Washington, that Tenant has full right and authority to enter into this Lease„ and LEASE AGREEMENT - 9 (October 2013) (Between City of Kent and New Connections) that each and every person signing on behalf of Tenant is authorized to do so, 15.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 15,3 Headings. The headings used in this Lease are for convenience only and in no way define, limit, or extend the scope of this Lease or the intent of any provision. 15.4 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. 15.5 Waiver. The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The City`s acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted, 15.6 Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 15.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 15.8 Language. The word "Tenant" as used in this Lease shall be applicable to one or more persons, as the case may be, The singular shall include the plural, and the neuter shall include the masculine and feminine. If there is more than one Tenant, their obligations shall be joint and several. The word "persons," whenever used, shall include individuals, firms, associations, and corporations.. 15,9 Invaliditv, If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease, 15.10 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to LEASE AGREEMENT - 10 (October 2013) (Between City of Kent and New Connections) a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for [ding County, Washington. 15.11 Modification, Any modification of this Lease must be in writing and signed by the parties, The City shall not be bound by any oral representations or statements. 15.12 Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. 15.13 Quiet Enjoyment, The City covenants and agrees that Tenant, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Premises during said term without any interruption by the City, its successors or assigns, or any person or company lawfully claiming by or through it, 15.14 Duplicate Originals, This Lease Agreement may be executed in duplicate originals, 'PHIS, AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF KENT NEW CONNECTIONS By: By: Print Name: Its:. Print Name: Suzette Cooke Date: Its: Mayor Date: (Notary Acknowledgements Appear on Next Page) LEASE AGREEMENT - 11 (October 2013) (Between City of Kent and New Connections) STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washinaton. residing at LEASE AGREEMENT - 12 (October 2013) (Between City of Kent and New Connections) STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and, said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the — of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washinaton, residina at P:\Civ11\Fi1es\0pen Files\0733-Human Services-2013\New Connections-Lease.2013.doc LEASE AGREEMENT - 13 (October 2013) (Between City of Kent and New Connections) KENT Agenda Item: Other Business — 8A TO: City Council DATE: October 1, 2013 SUBJECT: GreenPlay Agreement - Authorize MOTION: Move to authorize the Mayor to sign a Consultant Services Agreement with GreenPlay in the amount of $33,950 for its assistance in reviewing the City's recreation programs as a result of the recent efficiency study, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: At the 2013 City Council Retreat, the Council identified a number of priority items from the Efficiency Study (conducted by BERK and Associates) to further explore and discuss. One of those items under Level of Service was the review of recreation programs to better understand and determine cost recovery. Lori Hogan and Jeff Watling presented an approach to this task at the June 20, 2013, Parks Committee meeting. Following the discussion and feedback provided by the Committee members, a contract and scope of work was finalized with GreenPlay for $33,950 to assist the City in the completion of this work. At the Council meeting, Lori Hogan and Jeff Watling will provide an overview of the project including the work to be performed by City staff, work to be performed by GreenPlay, the public outreach component of this work, and the deliverables/outcomes expected at the completion of this contract. EXHIBITS: Consultant Services Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Parks Administration Professional Services Budget CITY OF KENT LAW DEPARTMENT CIVIL DIVISION O g, 0 T 220 4`"Avenue South w n0; NIG�➢T Q N Kent, WA 98032 Fax: 253-856-6770 PHONE: 253-856-5770 Memo To: Suzette Cooke, Mayor From: Jeff Watling CC: Date: September 16,2013 Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1 For Consulting Services with GreenPLay LLC The City's Parks, Recreation, and Community Services Department is requesting you waive the procurement requirements set forth in Administrative Policy 1.1 for consultant services from Green Play LLC. Purchases may be waived by the mayor upon a finding that either the materials, supplies, equipment, or services are clearly and legitimately limited to a single source of supply within the near vicinity, or that the materials, supplies, equipment, or services are subject to special market conditions, involve special facilities or services, or that a bid or the bidding requirements of KCC 3.70.030, would otherwise not be practicable or in the city's best interest under the circumstances, in which instances the purchase may be best established by direct negotiation. GreenPlay LLC would provide specialized sole-sourced professional parks and recreation planning and management advisement services. Through the use of GreenPlay's (proprietary) Pyramid Methodology, they would develop a Cost Recovery Model and Resource Allocation Philosophy for the City's Parks, Recreation and Community Services Department. The cost will not exceed $33,950. If you approve of this waiver under City of Kent Administrative Policy 1.1, the Parks, Recreation and Community Services Department requests that you indicate your approval by signing below. CITY OF KENT l Date: May r 5 zette Cooke / ICEIV0 waenua c,o CONSULTANT SERVICES AGREEMENT between the City of Kent and GreenPlay LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GreenPlay LLC organized under the laws of the State of Colorado, located and doing business at 211 N. Public Road, Suite 225,Lafayette, CO 80026; Phone: (303) 439-8369; Fax: (303) 664-5313; E-mail: Info@GreenPlayLLC.com (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: GreenPlay will develop a resource allocation and cost recovery philosophy, model and policy as described in Exhibit A: Scope of Work 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 June 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed thirty three thousand nine hundred fifty dollars ($33,950) plus applicable 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly 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 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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 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: Karon Badalamenti Lori Hogan, Recreation and Cultural Services GreenPlay LLC Supt. 211 N. Public Road City of Kent Suite 225 220 Fourth Avenue South Lafayette, CO 80026 Kent, WA 98032 E-mail: Info@GreenPlayLLC.com (253) 856-5067 (telephone) (253) 856-60650 (facsimile) (303) 439-8369 (telephone) 303 664-5313 facsimile APPROVED AS TO FORM: I Kent Law Department [In this fleld,you may enter the elactrnnlc Pllepath where the contract has been saved] 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 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Phaktladl(UJfApYMYads Aene916+R M.400en 5exa Corisultlnp Kent, WA - Parks, Recreation & Community Services Scope of work for developing a Resource Allocation and Cost Recovery Philosophy, Model and Policy GreenPlay Preliminary Proposal May 7, 2013 Project Lead —Ms. Lori Hogan Sent via email to: LHogan@l<entwa.gov Dear Ms. Hogan: GreenPlay LLC is pleased to submit our preliminary scope proposal outlining options to provide specialized sole-sourced professional parks and recreation planning and management advisement services. We are proposing an introduction to, and work sessions for GreenPlay's (proprietary) Pyramid Methodology using a fully facilitated process to develop your Cost Recovery Model and Resource Allocation Philosophy, Please note that the Scope of Work is provided in response to a "Sole Source Request" and may not be adopted for a competitive bidding process without written approval. GreenPlay has been providing Parks and Recreation assessments, plans, and related services for communities around the country since 1999, including developing Cost Recovery Models for cities, counties and special districts across the United States. Our GreenPlay team will include Karon Badalamenti as our GreenPlay Project Manager. Karon has extensive experience with this type of work, and in fact,was the project manager assisting MetroParks Tacoma in developing their cost recovery philosophy. Recently and presently, several cities and agencies in Pacific Northwest have undertaken this very work with great success. Our team will also consist of me, Chris Dropinski, CPRE, as Principal- in-Charge. We have developed very effective and efficient ways of communicating, producing and delivering high quality service, ensuring that your community is receiving the highest return on investment possible in this important work. We have worked with over 300 communities on various plans and using these tools and methodologies, and still treat each one as unique, providing customized community-specific results. Resource allocation and cost recovery models like the Pyramid Methodology are currently being taught in universities and used successfully around the country in agencies including: • City of Corvallis,North Clackamas, Tualatin Hills and Willamalone Parks and Recreation Districts in Oregon • The Cities of Coppell and Arlington in Texas and Glenwood Springs in Colorado • City of Carlsbad,San Diego County in California • City of Alexandria and Arlington County in Virginia • Montgomery County Department of Parks in the Maryland National Capital Parks Planning Commission (M-NCPPQ and the Montgomery County Department of Recreation in Maryland • Oakland County Parks and Recreation Commission in Michigan Page 1 �reedinpfdp81nf1$fkelh¢tiOM1 FndOpenSwtarnnJn!IInp GreenPlay has established the Pyramid Methodology as a model and ' philosophical approach to allocating taxpayer funds for partial orwholly subsidized services, setting fees, determining partnership contributions,or pursuing alternative funding sources depending on the beneficiary of the service. Task A. Strategic Kick-tiff GreenPlay will work with your senior staff to clarify desired project outcomes, specific staff involvement, workshop formats, and identification of additional materials necessary to start this process.This SKO will initiate the Cost Recovery work, collect information, and provide trainings as to what will be needed. This kick-off trip will include a meeting with your senior staff to clarify desired project outcomes, specific staff involvement, workshop formats, invitations, and logistics for each step. It will also identify additional materials necessary to start the evaluation process. Deliverables-Strategic Kick-Off One (1) one-day trip for meetings with senior management and your project team. • Determine Critical Success Factors, discuss senior staff responsibility and staff participation. • Confirm current agency Values, Mission and Vision • Introduce the Pyramid Methodology to the core project team • Present a short introduction of the methodology to City Manager's office and/or City Council • Facilitate discussions: o Project schedule and draft/final presentations to governing bodies o Public and Partner Involvement timeline o Definition of Cost Recovery staff participants and workgroups o Determination of locational or cost-centric matrices o Determination of contractor or partner participation o Evaluation of current budgeting processes,tools and cost recovery reports o Assessment of current pricing and resource allocation structures and policies o Discussion of Pyramid Methodology 10-Step Process, staff involvement and homework • Categories of Service • Definitions of Cost • Glossary of Terms • Determining cost of service provision • Goal setting Naga � 2 rAa�eadb6Elaetaex6,Annnawn AWOpenSpaee Cpqulling I. Task B. Cast Recovery Model and Resource Allocation Philosophy — The Pyramid Methodology Many agencies are using this methodology and in addition,several see its benefit and application for all special district, county and municipal services. Examples include: In Corvallis, Oregon,the Parks and Recreation Department,with the endorsement of the Parks, Recreation and Natural Areas Board (PNARB), are successfully using the methodology to increase their annual overall cost recovery and assure future service sustainability. Initial low hanging fruit ideas identified over$250,000 in annual cost recovery increase through obvious expense reductions,fee increases, and changes in processes and practices,without any impact to service. In San Diego County,the Director indicates that initial efforts are resulting in approximately$2 million positive cost recovery. In Springfield Oregon,the Willamalane Parks and Recreation District staff and several of their Board attended a national training on the methodology and then used it to develop their own philosophy and govern their decision making. The (former)Willamalane Deputy Superintendent,Jason Genck, had this to say: "We have had to make some challenging programming and budget decisions based upon the shifting needs it)our community. Thank God far the Cost Recovery[Pyramid)Model and our continued dedication to moving the model forward. It continues to establish common ground for challenging decisions, Our careful,strategic planning and conservative approach has given us the chance to seize many opportunities that have been presented in this tough economy. We are taking time to allow staff to establish the new thriving Willamalane Center by using our cost recovery model and other tools."-December 2010 Jason Genek, CPRP, Deputy£uaerintetaeient Willarnalane Park and Recreation District A Notionc?t Gold Medal Award Winninq Agency Jason is now the General Operations Manager for the City of Westminster in Colorado The City of Carlsbad,CA, is also a GreenPlay client whose leadership desires application across the entire municipal system, and they began with the Parks and Recreation Department to test the application. 1. "The Pyramid Model is just part of the whole strategy. The part 1 appreciate most is the [communityjfoirness issue. [The report has]laid a foundation for most, if not all of our future decisions." 2. "[The Pyramid Model]will need to be a dynamic tool as circumstances change. . . as community interests change and its ability to adapt to that." 3, This[model/report]provides support and fairness for us and captures the heart and values of the core positions and balance of our community,so i am very pleased to support this tonight and I believe this to be a very useful tool for us. Thank you for doing this. Mark Packard,Carlsbad,CA Counclimember GreenPlay's presentation at their meeting,June 9,2009, As part of GreenPlay's proposed process,we will evaluate current and expected cost recovery philosophies and expectations and will work with your staff and decision-makers to develop consensus on your intended goals. We will train your staff to use various tools and formulas to create programs for appropriate budgets and service pricing. 11 age 13 I REE LAKC ihei6etlP�pfJpploYd�is,Hfurea[pn � A,WOyan 9tl CbnPnm 1 Having a Cost Recovery Model and Resource Allocation Philosophy in place can help agencies answer challenging questions such as: • "Are your programs priced fairly and equitably?" • "How will you continue to fund your agency's facilities and services in relationship to future budget constraints?" • "Are you using your funding in a responsible manner?" • "Do you have a methodology for subsidy distribution? If so, is the process transparent?" • "Does the way that you charge for services (facilities, programs, etc.) support your agency's values,vision, and mission?" Establishing a well-crafted philosophy for cost recovery and subsidy allocation is the foundation for developing strong,sustainable financial management strategies.A solid philosophy will allow staff to recognize where subsidy is being applied,to determine if it is at an appropriate level, and to justify your agency's pricing structure, including costs for new services.Your staff will be an integral part of the decision-making process for setting expectations.They will learn how to apply agency tools and budget expectations to set equitable pricing based on consensual vision,values, and mission. Because the tool is guided by and created through the public involvement process, we establish buy-in, educate, and generate interest by being transparent and credible. Often the participating citizens, stakeholders, and partners, become the agency's greatest advocates and champions for future issues, sometimes establishing the grassroots support for taxation issues orfee increases.This collaborative process results in consensus for a foundational philosophy which underpins discussion and decision- making. In short,this method works! Development of Resource Allocation and Cost Recovery Philosophy This process provides a consensual approach to identifying agency resource allocation and cost recovery goals and provides formulas and structure for pricing decisions for all levels of the organization. We use the Pyramid Methodology, as illustrated below and developed by Green Play, LLC,to help develop a philosophy that details the level of subsidy necessary for your agency's services (facilities, programs, etc.). G!rcxFair„ The Pyramid The Pyramid Methodology is an effective Methodology management tool currently being utilized by agencies across the country to articulate the level of benefit that services such as facilities and programs provide as they relate to the Values,Vision, and Mission of an agency.This proven design leads to a logical determination Ill InNFr d'a4irt"bmnir�thuy, lr of resource allocation and subsidy/cost recovery goals, and future fees and charges. giil' Establishing guidelines and a methodology for �, such critical operational issues is imperative to I.i> ostfy CvtrprdjjA(ii gltflt`' sound fiscal responsibility,governmental ,111!,1 i!yiy accountability, and decision making. P a g e 4 i �:RE"6N L�frtc �I Poetatdlnp2Epain Pads,8attea�ion. AitlflpBnSpgLtrCUnrvfllnp The Pyramid Methodology engages your stakeholders, including community members, collaborators, decision-makers, and agency management and staff.This process also leads to recommendations for implementation. Deliverables- Resource Allocation and Cost Recovery Philosophy Development • Series of three multi-day trips to conduct Cost Recovery/Resource Allocation Workshops that may include continental breakfast, lunch, or dinner provided by the agency at your discretion (three full-day staff workshops and a minimum of two public meetings). • Workshop 1- Introduction and education on the Pyramid Methodology.;development of the Categories of Service for the agency, and determination of cost center pyramid needs. • Workshop 2a-A series of staff and public meetings including community representatives; sorting Categories of Service based upon each category's beneficiary and the values, vision,and mission. • Workshop 2b-Development of direct and indirect cost definitions with staff and identification of current cost recovery levels to establish baselines. • Workshop 3- Establishment of cost recovery/subsidy allocation target ranges/goals with staff, determine appropriate pricing strategies, and develop implementation steps. Task C. Final Resource Allocation and Cost Recovery Model Presentation Green Play will develop the final resource allocation and cost recovery philosophy report, model, and related policies, and present detailed information to your appropriate governing bodies as identified in the Strategic Kick-off meeting. GreenPlay will then revise yourfinal Report and Policy document for submission to your Agency. Deliverables of the Final Report and Presentations One trip to present the final document. • Cost Recovery Model and Resource Allocation Philosophy, Model, and Draft Policy • Recommendations for Implementation I 51P a belaatl�rtlTdpeln PaRr,Ratttalhn dREEXPLAYg andtltlenSpattrCpnrvltln0 Agency Investment — Facilitated Base Project — Firm Fixed Price Total Not to Exceed $33,950 The base project is proposed as a "Firm-Fixed Price"to provide the maximum cost savings to the agency. Task A. Strategic Kick-Off 1. Trip 1—one-day tentatively anticipated for Fall 2013 2. Onsite team meeting, introductory workshop, and planning $ 4,450 Task B. Resource Allocation and Cost Recovery Process 1. Trip 2—Workshop 1-Categories of Service and Definitions of Cost $ 6,550 2. Trip 3—Workshop 2—Sorting,Consensus Pyramid and Current Cost Recovery $10,650 3. Trip 4—Workshop 3 -Targets, Pricing and Goal Setting 6,550 Total Resource Allocation Process $23,750 Task C. Resource Allocation and Cost Recovery Philosophy, Model and Policy Presentation 1. Trip 5—Resource Allocation and Cost Recovery Philosophy, Model and Policy $ 5,750 As a cost savings measure, all materials, draft and final reports will be provided electronically for the client to print as necessary. For projects like this that include more than 100 hours of work, Green Play typically recommends and proposes using a Firm-Fixed Price model for compensation.This means that the contract is preliminarily based on a projected number of hours, but thatthe compensation is actually based on completion of pre-determined contracted tasks the Scope of Work within a pre-specified timeline.This usually works well for the client in that they will get all the work done that they need, regardless of how many hours during the timeline that it takes to do it,The firm fixed fee also means that all travel, reimbursable expenses, and deliverables are built into the per task cost. In the event that the contracted Scope of Work is changed by the client during the course of work, Green Play can adjust total contract fees accordingly based on the regular hourly rates.This portion of the project is proposed as a Firm-Fixed Rate Fee project. Additional Agency Investment a Professional Advisor on Retainer Additional meetings, advisement, projects tasks,support,facilitated workshops,etc. may be added to the initial proposed investment at our hourly or daily consulting rate: Hourly Consulting Rate $ 150 per hour Daily Consulting Rate (plus all travel expenses) $1,500 per day Potential Additional Services— Budgeting and Financial Definitions and Trainings Sometimes staff may need a "Budget and Financial Training" primer prior to the start of the resource allocation and cost recovery philosophy, model, and policy development process. This objective identifies the need for additional staff trainings on basjc budgeting,financial terms, and how the agency's staff should assess budgets, pricing, cost recovery, and basic financial and revenue expectations. GreenPlay can provide trainings with your financial staff, managers, supervisors, and operational staff who may require such training, and can offer curriculum for staff to create agency- specific training modules. I 61Page I rhnleaWntl Ed9a to Ead$Ne�reatlan i AnxOnanSp¢mCam�uMa t' The potential cost would be determined based on on-site or remote training/curricula,the number of staff and days designated fortraining, and whether or not these trainings can be combined with other on-site trips. This can be discussed and determined at the strategic kick-off meeting or at anytime during the course of the contract. ry Our work also includes, at no additional charge: Our commitment that for each task,we will quickly assess your current circumstances and provide what you need to move to the next level, rather than providing you a standard planning response, whether you need it or not. Our rates include: Professional staff, sub-consultant, and administrative salaries. La • All office overhead, equipment, utilities, and insurances. • Taxes, employee benefits, and Worker's Compensation. Administrative support staff and supplies and local travel Deliverables and meetings as outlined in the Scope of Work. • All travel expenses and time in the"Facilitated Base Project" scope of work Rates may not include (unless specified in the Scope of Work): Materials and services outside of the pre-specified Scope of Work(may include extra meetings, requested copies, and printing of work products). All travel expenses and time in the Professional Advisor on Retainer"three-year blanket contract period" scope of work. As a baseline:When billing hourly,GreenPlay's hourly rate is $150 per hour for all contracted professional consulting services.While the hourly rates may sound high relative to typical public agency staff pay rates, our fees comprehensively include the costs for our consultants and related administrative expenses, insurance, equipment,and other relevant costs associated with our services. We find that this rate is usually comparable to,or lower than, what an agency would spend for in-house staff. An additional benefit is that when the project is finished, the expense ends. Invoicing: Greenplay typically submits an invoice for payment to the project manager or primary contact person on a monthly basis. Each invoice includes a brief description of the services provided and percentage of Scope completed to date. Invoices past due over 60 days will accrue 1.5% interest per month. Otherstructures for compensation and payment can be negotiable prior to contract award. Project Delays: We understand that time is tax-payer money. GreenPlay team members strive to complete our projects in a timely and efficient manner. We will work with your Project Manager to set an expedient and realistic"scope of work end date." j Project Delay Policy There is an added cost for GreenPlay when projects are extended beyond a contracted end date, including staff reassignment, loss of capacity to perform other work, and administrative schedule changes that may impact other projects. Our policy takes into consideration delays due to operational and approval constraints, scheduling, and other internal and external factors.GreenPlay will discuss our typical policy regarding potential project delays upon contract award. 7 1 P a g e I 7daCeadly FABetn Ponka,Nurealion BidOpendpnoaGanrotling Our Commitment to You We understand that the current economic climate is driving agencies to examine "why" as well as "how' they use the taxpayer investment and that many agencies are either doing more with less or are trying to be financially sustainable while offering more services.Sometimes agencies have the resources to complete this kind of citizen-centric, systemic philosophical work on their own, and sometimes they require objective assistance. We would like to help you actualize this goal by providing you with this innovative scope of work,tools and methodologies foryour consideration. We believe that our previous experience provides us with the knowledge, processes, and insight necessary to create implementable plans and tools forthe Kent,Washington Parks, Recreation and Community Services Department.We pride ourselves on being available and accessible to your agency, and partnering with you to help achieve your goals. We have put togetherthis revised scope of work based on our understanding of yourfinal Cost Recovery Project Refined Scope utilizing the Pyramid Methodology,and based on our experience of delivering effective services. We look forward to working with you to help you continue your critical place at the table and assuring continued parks and recreation funding! If you have any additional questions, please feel free to contact us at the number listed below.Thank you for your attention and consideration. Respectfully, Chris Dropinski,CPRE Senior Principal and Managing Member Direct Phone: (303)870-8674 Email:ChrisD@GreenPlayLLC.com If you have any questions regarding this scope of work and fee, please do not hesitate to contact Karon Badalamenti, Principal and Project Manager, directly at (303)870-0021 or I<aronb@greenplayllc.com. Sincerely, Karon Badalamenti,CPRE and Principal,GreenPlay, LLC 8 Pa Z e EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 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 and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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 Contractor 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. 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 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION KENT Agenda Item: Action after Executive Session TO: City Council DATE: October 1, 2013 SUBJECT: Resolution of Intent to Set a Public Hearing Date for LID 365, SE 256th Street Improvements, 116th Ave SE to Kent-Kangley Road — Set Hearing Date MOTION: Recommend Council adopt a Resolution of Intent setting November 19, 2013 as the date for a public hearing on the formation of Local Improvement District 365, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: On March 5, 2013 The City of Kent Council formed LID 364 for the SE 256th Street Improvement project to help fund the $2 million funding gap. This LID was rejected and overturned by the participants 30 days later. LID 364 included properties that signed a "No Protest" covenant that allowed for development of the property without completing street improvements on 256th. They agreed to not protest the formation of a future LID to help pay for the improvements to the roadway. The City proposes to form a new LID, (LID 365) to include only these properties and collect the appropriate share of the costs for the road improvements as promised under the "No Protest' covenants. The total assessments for the proposed LID 365 is $365,643.48 and includes 24 properties. EXHIBITS: Resolution of Intent RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This amount was anticipated as part of the total project budget. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent- Kangley Road to 116th Ave SE; and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on November 19, 2013. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, 1 Resolution of Intent - LID No. 365 erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent-Kangley Road to 116th Ave SE, as more fully described in Exhibit B, attached hereto and by this reference made a part hereof. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Public Works Director of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. SECTION 2. The total estimated cost and expense of the improvements is declared to be approximately $7,000,000.00, approximately $4,634,000 of that cost and expense shall be paid by the City, approximately $2,000,000 of that cost and expense shall be paid by grants, and the balance thereof (an estimated $365,643) shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established. The local improvement district is to include as nearly as practicable those properties specially benefited by the improvements that were required as a condition of property development to participate in a local improvement district for the identified improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. 2 Resolution of Intent - LID No. 365 SECTION 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law. This resolution also shall be published in its entirety in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. SECTION 4. All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7:00 p.m. on November 19, 2013, which time and place are fixed for hearing all matters relating to the improvements and all comments thereon and objections thereto and for determining the method of payment for the improvements. All persons who may desire to object thereto should appear and present their objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the 3 Resolution of Intent — LID No. 365 date of passage of the ordinance ordering the improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. SECTION 5. The City's Public Works Director is directed to submit to the City Council on or prior to November 19, 2013, all data and information required by law to be submitted. SECTION 6, Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this 1't day of October, 2013. CONCURRED in by the Mayor of the City of Kent this day of October, 2013. SUZETTE COOKE, MAYOR ATTEST: RONALD MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY 4 Resolution of Intent — LID No. 365 Exhibit A L.I.D. Boundary Description L.I.D 365 — SE 256th Street Improvements Those portions of the south half of Section 20 and the north half of Section 29, both in Township 22 North, Range 5 East, W.M., King County, Washington, described as follows: Lots 1, 2 and 3, City of Kent Short Plat No. SP-83-8 recorded under auditors file no. 8412050348, being a portion of the west half of the southwest quarter of the southeast quarter of said Section 20. TOGETHER with Lot 1, Ulle-Land No, 1, being a portion of the south 150 feet of the east half of the southeast quarter of the southeast quarter of said Section 20, except the south and east 30 feet for roads, according to the plat thereof recorded in Volume 65 of Plats, page 94, records of said county; AND TOGETHER with Lots 1 through 14 inclusive of Olympic Estates, being a portion of the northeast quarter of the northeast quarter of the northeast quarter of said Section 29; except the south 320 feet of said subdivision; and except the north and east 30 feet thereof for roads, according to the plat thereof recorded in Volume 118 of Plats, page 24, records of said county; Except that portion conveyed to the City of Kent by deed recorded under auditors recording no. 19991025000337, records of said county. AND TOGETHER with Units 15A, and 15B, Building 15 and Units 16A and 16B, Building 16, Olympic Estates Condominium, according to the declaration thereof recorded under auditors file no. 9603040912 and any amendments thereto; said units as located on survey map and plans filed in Volume 131 of Condominiums, Pages 54 and 55, records of said county; AND TOGETHER with that portion of the northeast quarter of the northwest quarter of said Section 29 more particularly described as follows: Beginning at the northeast corner of said subdivision; Thence south along the east line of said subdivision 30 feet to the south margin of County Road, also known as "Middle Road" (now known as Southeast 256th Street), and the True Point of Beginning; Thence south, continuing along said east line, 1 Exhibit A to Resolution of Intent LID No. 365 319.65 feet; Thence north 65008'00" west to the southerly prolongation of the westerly line of the land conveyed to Dennis J. Mullen and May Mullen by deed recorded under auditors recording no. 3743246, records of said county; Thence northerly, along said prolongation and said westerly line, 272.72 feet to said south margin of Southeast 256th Street; Thence easterly, along said south margin, 90.00 feet to the True Point of Beginning. AND TOGETHER with that portion of the northeast quarter of the northwest quarter of said Section 29 more particularly described as follows: Beginning at the intersection of the northeasterly margin of Black Diamond Road, being 60 feet in width, said road also known as Kent Kangley Road, with the south margin of Julius Johnston Company Road, being 60 feet in width, said road also known as Southeast 256t" Street; Thence north 88057'00" east, along said south margin of Southeast 256th Street, 221.43 feet to a point on the west line of the east 615.22 feet of said subdivision; Thence south 4021'33" east, along said west line, 168.92 feet to a point on the northeasterly margin of said Kent Kangley Road: Thence north 54056'23" west, along said northeasterly margin, 286.15 feet to the Point of Beginning; Except that portion conveyed to the City of Kent by deed recorded under auditors recording no. 6428940, records of said county. M0 N 04. Z. s �° A - 2 Exhibit A to Resolution of Intent LID No. 365 Exhibit B Description of Improvements L.I.D 365 — SE 256th Street Improvements The overall project limits for SE 256th Street are Kent-Kangley Road to the west at the 'Y' intersection and 116th Ave. SE to the east. The roadway improvements include but are not limited to: • Widening to 3 lanes with a center left turn lane • Bicycle lanes in both directions • Installation of cement concrete sidewalks and driveways • New roadway pavement section • Curb and gutters • Storm drainage system with detention and treatment facilities • Relocation and adjustment of existing utilities and other improvements such as fire hydrants, manholes, water meters, valve boxes, monuments, utility poles, street light poles, mailboxes, fences and signs as necessary • Channelization • Traffic signs • Street trees • Planter strips between the curb and sidewalk • Street lighting • Erosion control both temporary and permanent • Retaining walls where necessary • Undergrounding of electrical facilities • Wheel chair ramps in the curb and sidewalk at the intersections • Traffic signal revisions as necessary at both ends of the project • Utility stubs and extensions as necessary • Removal of existing improvements as necessary 1 Exhibit B to Resolution of Intent LID No. 365 CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Resolution No. (the "Resolution") is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on October_, 2013, as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this day of October, 2013. CITY OF KENT, WASHINGTON RONALD MOORE, CITY CLERK P:\Civil\Re�lution\LID 365 R soludon Of Intent.Doc CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. October 1 , 2013 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT October 1, 2013 w s v ro Council Chambers Mayor Suzette Cooke Council President Dennis Higgins Councilmember Elizabeth Albertson Councilmember Bill Boyce Councilmember Jamie Perry Councilmember Dana Ralph Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. King County/Seattle Public Health — Medicaid/Health Benefit Expansion Erica Nuerenberg 20 minutes 2. 2014 B&O Project List Tim LaPorte 40 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. Proclamation for "Releaf" 2013 at Clark Lake Park D. Intergovernmental Reports 5. PUBLIC HEARINGS A. 2014 Mid-Biennium Budget — First Public Hearing B. 2014-2018 Capital Improvement Plan — First Public Hearing 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop — Approve B. Payment of Bills — Approve C. Excused Absence for Councilmember Perry for September 17, 2013 - Approve (Continued) COUNCIL MEETING AGENDA CONTINUED D. Renewal of New Cingular Wireless Cell Site Lease at Lake Fenwick Park — Authorize E. Interlocal Agreement with the City of Tukwila for the Briscoe Levee — Authorize F. 2014 Washington State Arts Commission Project Support Grant — Accept G. New Connections Lease Agreement — Authorize 8. OTHER BUSINESS A. Green Play Agreement — Authorize 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. POTENTIAL LITIGATION - Resolution of Intent to Set a Public Hearing date for Local Improvement District 365 — SE 256th Street Improvements, 116th Ave SE to Kent-Kangley Road — Set Public Hearing Date 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. co m 0 n n < `< s a �. m m n M a s C co G ° j d vmi ° n' O d • � o ooi` 3a m m '^. a a m nm a no 0 a M d my m m mQ d O V,1 Z '-J' N W � m � 4j °'0 � � d 0 tt. nn Vl JO � Op_� am CO n m Q T` m T. 01 m a a � a ,01. � m °' s S • 0 m m m C m 0 ° S ° A. - O `G m m d 4 0 rt m J o m o _. rt < n m m o rt n m c m n n 4 rt M O �; a J J O _0 m '< d n • N m < O N R J p C ] N N C N O (l n -T` o m a < o rt m M. w, Ul m 01 m � n m m o m a m d a � a s a a m a 0 o N J � lIi J m n 7 N 7 G n m y F+ (7 In p� UI rt m N Dm O GG Q 0 n rt D O n Z V � 'O O m O Ul m N n OJ d N m O m OO CH W U N w m O J C O tt a 1 7 N • J 3 N ti n m n 0 G �Ip � v m c �• m U4 M m 2 V m O O � m 3 0 v 3 0 v i m a m 3 m O v 3 d O n s o o D o o m m a o o n ° D - o m s D D s m s m a cP m J Q m Q 3 o m a Q d m 3 ( 0 m o C rt 3 3 m 3 a C O a C1°. m W = d rt m a ° m0 aQ ° H am � 3 0aJnm33J '^ mnnZ � 01Jn mMC G 1 m J -n n n �' um n M -° a < m 1 n 01 m Q s 0 1 s :� 3 m n 1 D m a 01 0 1 m m m m m O r -°o m m m J = N m o = • � , d oJ • RD � QJ = a. xm art. =. 3 ' � S � 33n . m'< o � m a O !^. am ''�. -a Sn � � � c w � � N m m � � D aQo m3 0 � � a � m n � 6� m � � m � M v. o moms aJ � D ns ' � � mumJ � m ; .°o3 � C mn � rtn 03 m N S = 3 ``G J C m Z 3 m N N O n m ° O O N Z n °' 3 a 3 om W W C °� O S N vmi S O O 3 (' -M O m m m m C O d 1 O J n H Y Y j n m d m W d ° O -° d m 1D a 3 n o n s m m m a °- mG r .. d n 1° D aim -oo ,'� 37 Z; n n � nW m1mD ° " 3 � s � n ^ ON moon ° ° J °' Cm a - 3 m G a (D m 3 a 3 - m 3 , C 3 a - J 3 a (DC d J Q m ° � n m C m m _ 0 7 _ 3 3 C y 'm Ammo 3 0 o 'n a °- ,J'.o o_ D rt a m m S (D m m o m Q m m n � o m m _ oO M a m �O m e m c v m . 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Proclamation for "Releaf' 2013 at Clark Lake Park D) Intergovernmental Reports PROCLAMATION Whereas, the City of Kent has a strong and active volunteer community; and Whereas, connecting with others and working together through volunteer service will unite the diverse groups in our community to undertake and complete a successful project; and Whereas, since 2002 the City of Kent has held a ReLeaf volunteer event to focus on reforestation and revegetation of Clark Lake Parkin Kent; and Whereas, since then, 831 volunteers have planted and cared for trees as part of ReLeaf, contributing over 2,136 hours with a value to the City of nearly $48,465; and Whereas, volunteer service is an investment in the future we all must share and contribute to; and Whereas, Kent Parks, Recreation and Community Services Department is dedicated to enriching lives by providing safe and inviting parks, open spaces and facilities, and Whereas, Clark Lake Park's 130 acres provides walking trails, a sparkling lake and habitat for numerous species; NOW THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim the day of Saturday, October 12, 2013 as ""FtELEAF" 2013 A7' LA E PARK In the City of Kent, and I encourage all citizens to join me in recognizing the importance of this observance by volunteering your time to help in our community. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 1st day of October 2013. P Suz¢tW ooke, Mayor tie pj "" ? cad k � '{ KENT WASHINGTON KENT Agenda Item: Public Hearings — 5A TO: City Council DATE: October 1, 2013 SUBJECT: 2014 Mid-Biennium Budget — First Public Hearing MOTION: No action required. SUMMARY: This is the first public hearing on the 2014 mid-biennium budget at the regular City Council meeting. Public input is welcome as the City begins to prepare the 2014 mid-biennium budget. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: None KENT Agenda Item: Public Hearings — 513 TO: City Council DATE: October 1, 2013 SUBJECT: 2014-2018 Capital Improvement Plan — First Public Hearing MOTION: No action required. SUMMARY: This is the first public hearing on the 2014-2018 Capital Improvement Plan. Public input is welcome as the City begins to prepare the 2014-2018 Capital Improvement Plan. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: None 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 H. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of September 17, 2013. 7B. Approval of Bills. Approval of payment of the bills received through August 31 and paid on August 31 after auditing by the Operations Committee on September 17, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 8/31/13 Wire Transfers 5586-5598 $1,764,245.11 8/31/13 Regular Checks 675991-676543 3,739,442.56 8/31/13 Use Tax Payable 2,316.14 $5,506,003.81 Approval of checks issued for payroll for August 16 through August 31 and paid on September 5, 2013: Date Check Numbers Amount 9/5/13 Checks 332804-332952 $ 98,413.12 9/5/13 Advices 318414-319058 1,209,227.88 $1,307,641.00 11 � KENT Kent City Council Workshop September 17, 2013 The meeting was called to order at 5:31 p.m. by Council President Dennis Higgins. Councilmembers present: Higgins, Thomas, Boyce, and Ralph. Councilmember Albertson and Perry were absent. Councilmember Ranniger arrived at 5:57 p.m. Senate Transportation Hearings. Michelle Wilmot discussed the Senate Transportation Hearings and a letter she prepared for mailing to the legislature which highlighted the concerns of the City of Kent. She noted that the letter strongly recommends the legislature pass a transportation package that includes funding to complete the SR 509/SR 167 "Gateways Project" and to assist with the completion of the 228th Street/Union Pacific Railroad Grade Separation. Council President Higgins added that he would also like to see a section in the letter that addresses the funding of King County Metro Transit services. Councilmember Boyce inquired about the gas tax and Wilmot replied that the prime concern is that there be no strings attached to the distribution of the funds. The funds, she said, must directly fund the needs of the city of Kent and other municipalities. Council President Higgins noted that a sunset clause may or may have been identified and the Council should pay attention to specifics. Councilmember Ralph stated that she didn't think the gas tax funds would come back to the cities. Councilmember Thomas said he was ok if the letter is coming from the Council President, but he didn't want it coming from the Council as a whole. Council President Higgins said he could submit it as the Council President only. Brubaker communicated that the Council can vote on the letter and either have it come from the majority through a vote or determine how the rest of the Council feels about it and add the appropriate names. Council President Higgins, Councilmember Ralph, and Councilmember Boyce communicated that they were ok with having their names on the letter and Brubaker stated that Wilmot can communicate with the other Councilmembers to see if they want their names included in the letter. Downtown Subarea Action Plan. Planning Director Fred Satterstrom discussed the item. He noted that there are some actions that the Council will have to take in the next month and some to execute after the plan is adopted. Downtown has been a Council target issue for years, he said, and displayed a copy of the Kent Downtown Plan from 1966. He pointed out that many of the items in the 2005 Downtown Plan have been executed. Satterstom communicated that the downtown area has expanded since the 2005 Downtown Study Area. He discussed the downtown Kent City Council Workshop Meeting September 17, 2013 stakeholder interviews and the vision that came about those studies. The planning principals, he pointed out, are Economic Vitality, Enjoyable Outdoor Space, Urban Livability, Neighborhood Capability, Memorable Downtown Experience, Pedestrian Priority, and Environmental Sustainability. He communicated that Urban Livability was the most important and had the highest interest in the study. He displayed a video of some people that were surveyed about their vision for downtown Kent. City Planner Gloria Gould-Wessen stated that this is a two-phase approach with the first phase being an update of the Comprehensive Plan, map amendments, and a Code amendment. She stated that this Downtown Subarea Action Plan (DSAP) completely replaces the 2005 Downtown Strategic Action Plan. She stated the plan provides three alternatives for growth and staff prefers alternative two which balances the jobs and growth efforts. It also provides adequate housing and jobs which adequately provide for the growth management act levels assigned. She discussed the themes of the DSAP (livability, economic vitality, safety, outdoor gathering space, compatibility, and sustainability) and several enhancements such as improved street and area lighting, business development and redevelopment, mixed uses, and repositioning parks to better serve the community. She communicated that compatibility deals with having appropriate ways to move the residents into downtown and improving pedestrian and bicycling routes. She presented the land use plan maps and the zoning district maps and discussed the staff proposal to grow the urban center (UC) and changing the Comprehensive Plan land use of another area to industrial (I). She noted that doing this will satisfy the King County requirement for urban centers. She explained the aggregated staff proposed rezones and noted that there are residents residing near the ShoWare that are in favor with the rezone. Councilmember Ralph and Councilmember Ranniger inquired about zoning in the North Park area. Gould-Wessen replied that the staff came to the realization that to encourage the size of development to make it worthwhile the area has to be rezoned and have the potential for redevelopment. Councilmember Thomas also inquired about another area next to the one Councilmember Ranniger pointed out and Gould-Wessen replied that the intention is to maintain the buffer to the residential neighborhood. Councilmember Thomas discussed having all of the areas in the CP land use plan map be zoned the same and Council President Higgins pointed out that there is a difference between land use and zoning. Council President Higgins communicated that the rezone would only affect ten properties and Gould-Wessen stated that the Land Use and Planning Committee has looked at them. Councilmember Ralph encouraged the Council to listen to the LUPC meeting. Gould-Wessen stated that there are abandoned buildings on Meeker and the need for investment in that area. She noted that based on the survey and questions to the community the City wants something done. She communicated that rezoning the area to DCE allows the heights to be higher and they anticipate a 65 foot building in the zone. 2 Kent City Council Workshop Meeting September 17, 2013 Gould-Wessen communicated the mixed use overlay amendments and noted that the mixed use definition would be revised, there would be an increase in the GC-MU building height, a design review would be added, and the mixed use standards for GC-MU would need to be amended. She communicated that in October this item goes to the Economic and Community Development Commitee and, in November, the Council will review it. She continued and stated that in Phase II there will be planned action and infill exemption, an update of the downtown design guidelines, and amendments to development regulations. Economic and Community Development Director Ben Wolters communicated that the economic development initiatives will be a planned action ordinance, the Meeker Revitalization Initiative, work done on outdoor gathering spaces/parks, and a citywide economic development strategy to include more upgraded housing choices. He noted that revitalization initatives have done well across the nation and the Meeker Revitalization Initiative will take place between 2nd and 4th on Meeker. Satterstrom thanked Councilmember Perry for her service on the downtown steering group and Randal Smith for his work on the committee. The meeting adjourned at 6:29 p.m. Ronald F. Moore, MMC City Clerk 3 KENT Kent City Council Meeting September 17, 2013 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Ralph, Ranniger and Thomas. Councilmember Albertson arrived at 8:04 p.m. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins added Consent Calendar item 7(J), an excused absence for Councilmember Albertson. Interim Chief Administrative Officer Brubaker communicated that there will be an executive session, as authorized per RCW 42.30.110(1)(b), concerning property acquisition. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. Mayor Cooke communicated that the Harlem Globetrotters had an event at the ShoWare Center and Kent was recognized as getting a "Money Ball" because the attendance to the event has increased in each of the previous three years. B. Community Events. Mayor Cooke announced that the "Crop Walk" will be on October 6 at 1:00 p.m. at the Kent Lutheran Church. She added that proceeds go to the Kent Food Bank, the Homeless Men's Shelter, and the Community Supper at the church. Councilmember Thomas communicated that the Barnum & Bailey Circus will be at the ShoWare from October 3-6. Councilmember Ralph communicated that the 2013-2014 Spotlight Series is going on and discussed the specific plays. Councilmember Thomas communicated that there is a casino event at a Kent "sister" Kiwanis Club on September 28. C. Introduction of Lodging Tax Advisory Committee Appointee. Mayor Cooke introduced Tim Higgins, the new Lodging Tax Advisory Committee member. Tim Higgins thanked the Mayor for the appointment and communicated that having a seat on the board will help the communication flow easier to the ShoWare. He thanked Councilmember Thomas for the mention of the circus event. D. Proclamation for National Public Lands Day at Park Orchard Park. Jeff Watling, Parks and Recreation Director accepted the proclamation and communicated Kent City Council Minutes September 17, 2013 that National Public Lands Day has been going on for six years and the event will occur on September 28. E. Public Safety Report. Police Chief Ken Thomas presented the September 2013 Public Safety report. Car prowls have reduced over the past year and auto thefts are still relatively high, but it is a regional issue, he said. He communicated that robberies have jumped due to it being summertime and the influx of iPhone and iPad robberies. He noted that residential burglaries are going down slightly and commercial robberies are, unfortunately, going up. He presented the Police Chief's Life Saving Award to Officer Jeff Kuzack who used his police-issued automated external defibrillator (AED) to revive a resident who was experiencing a heart attack. Chief Thomas noted that this is Officer Kuzack's second life-saving award in two years. He read a letter from the crew of firefighters who arrived on the scene, applauding the efforts of Officer Kuzack. Thomas presented Officers Joe Mello, Justin Davis, Jason Phelps, Justin Rausch and introduced new Correctional Officer Amber Brunelle to the Council and public. He discussed their backgrounds and Mayor Cooke swore the officers in. He noted that the next quarterly open community meeting is this Thursday at 7:00 p.m at Horizon Elementary School. Councilmember Boyce confirmed that all vehicles are equipped with an AED. F. Intergovernmental Report. Council President Higgins said the King County Regional Transit Committee meeting was cancelled for September 18 and will meet in October and that the King County Chemical Dependency and Oversight board will also meet in October. He discussed the King County Regional Policy Committee and the main topic was the solid waste interlocal agreement extension and that the city of Bellevue didn't execute the agreement. He stated that Seattle also hasn't signed the extension. Councilmember Ralph communicated that the South County Area Transportation Board (SCATBD) met this morning and the Puget Sound Gateway Project completion of State Route 509/State Route 167was discussed. She noted that Washington State exports $111 billion in goods and products and this project is crucial to the economic vitality in this area and keeping the ports competitive. She noted that the King County Regional Law and Safety & Justice Committee meets on September 26 and they will be discussing affordable health care and its impacts on the criminal justice system. Councilmember Boyce attended the Sound Cities Association (SCA) meeting and said the non-execution of the solid waste interlocal agreement extension upset cities, but a draft extension agreement should be ready by October 29 for SCA and going to the King County Council on November 27. PUBLIC COMMENT 1. Tom Brice, Kent, presented a petition against the sale of the Par 3 golf course to the City Clerk. 2. Perry Sobolik, Kent, discussed the utility committee and said he received a shut off notice for his water. He said the customer service department was friendly and voiced his disapproval of having to pay a $30 fee for the shut off notice. He said 2 Kent City Council Minutes September 17, 2013 that a $30 fee for the cost of paper, postage, and an envelope seems punitive and the people who are struggling can't afford it. He said it doesn't seem fair to charge the fee. However, he said he had to pay the fee. He suggested someone look into the fee and any others. Mayor Cooke communicated that Councilmember Thomas will look into the water shut off fees. Councilmember Thomas stated that the banks charge $35 per bad check. CONSENT CALENDAR Council President Higgins moved to approve Consent Calendar Items A through 3, seconded by Councilmember Thomas. The motion carried and the following items were approved: A. Minutes of the workshop and regular Council meeting of September 3, 2013. B. Payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 20, 2013. Checks issued for vouchers: Date Check Numbers Amount 7/31/13 Wire Transfers 5553-5566 $1,243,227.03 7/31/13 Regular Checks 675004-675381 3,543,602.38 7/31/13 Use Tax Payable 387.38 $4,787,216.79 Approval of checks issued for payroll for July 16 through July 31 and paid on August 5, 2013: Date Check Numbers Amount 8/5/13 Checks 332515-332661 $ 118,441.57 8/5/13 Advices 317109-317760 1,229,266.12 $1,347,707.69 Approval of payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on September 3, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/13 Wire Transfers 5567-5585 $1,605,558.35 8/15/13 Regular Checks 675382-675990 2,503,922.78 8/15/13 Use Tax Payable 4,830.79 $4,114,311.92 Approval of checks issued for payroll for August 1 through August 15 and paid on August 20, 2013: 3 Kent City Council Minutes September 17, 2013 Date Check Numbers Amount 8/20/13 Checks 332662-332803 $ 106,227.78 8/20/13 Advices 317761-318413 1,209,260.47 $1,315,488.25 C. Excused Absence for Councilmember Albertson. Councilmember Albertson was unable to attend the September 3, 2013 Council meeting. D. Ordinance Amending Kent City Code 8.01 — Establishing "Chronic Criminal Nuisance" — Adopt. Ordinance No. 4088 amending Ch. 8.01 of the Kent City Code, entitled "Public Nuisances," to establish a "chronic criminal nuisance" that exists when three instances of criminal conduct occur on a property within a one year period and do not involve the property owner or occupants being the victims of the criminal conduct or contacting the police to report the criminal conduct, was approved. E. Ordinance Amending Kent City Code 15.02 and 15.04 regarding Group Living Facilities — Adopt. Ordinance No. 4089 amending Chapter 15.02, entitled, "Definitions," by adding and amending sections, and correcting a publishing error in section 15.02.173; amending Chapter 15.04, entitled, "Residential land uses," amending zoning districts and residential land use development conditions; and updating the code for consistency with state laws and regulations, was approved. F. Lodging Tax Advisory Committee Appointment — Confirm. The Mayor confirmed the appointment of Tim Higgins to the Lodging Tax Advisory Committee. G. Kent Public Facilities District Board Member Reappointment — Confirm. The Mayor confirmed the reappointment of Mike Miller to the Kent Public Facilities District Board. H. 2014 Mid-Biennium Budget — Set First Public Hearing Date. October 1, 2013 was set for the first public hearing date for the 2014 Mid-Biennium Budget. I. 2014-2018 Capital Improvement Plan — Set Public Hearing Date. October 1, 2013 was set for the first public hearing date for the 2014-2018 Capital Improvement Plan. OTHER BUSINESS A. Karras Consulting Services Interim Chief Administrative Officer Tom Brubaker communicated that this item involves hiring an outside recruitment firm to locate a new Finance Director because current Finance Director Robert Nachlinger resigns on December 31, 2013. He communicated that the Operations Committee expressed concerns that there could be a new Mayor and an Interim Chief Administrative Officer. He stated that the hiring process will take four to five months and communicated the process. He added that the firm has communicated that even if expedited the new Finance Director probably wouldn't be in place until the end of January. 4 Kent City Council Minutes September 17, 2013 Council President Higgins moved to authorize the Mayor to sign an Agreement with Karras Consulting, Inc., and all other documents necessary and consistent with that Agreement, in an amount not to exceed $26,280, plus limited travel costs, to assist the City in recruiting a replacement for the City's retiring Finance Director, subject to approval of final terms and conditions acceptable to the Human Resources Director and the City Attorney, seconded by Councilmember Ranniger. Councilmember Thomas communicated that he would be voting against this because of the timeline and felt the talent pool within the City should be considered to fill this position. He stated that the Operations Committee could not come to a conclusion on this item. Councilmember Boyce opposed this because it is too early and felt there is staff in- house that can fulfill the requirements of this position. He added that the City could advertise this and obtain a candidate. He added that there are talented people out in the market who could possibly qualify and for $25,000 he is sure that Bob could come back for a couple of weeks to be a consultant. He also added that there are national publications that this can be advertised in. Councilmember Ranniger stated that she has two concerns. One is with advertising and the other is with whether there is talent in-house to do the job. She inquired if the process is to select the new Finance Director after the Mayor race is concluded. Brubaker replied and Councilmember Ranniger felt the Council could move ahead with a process. She inquired what the advantage would be to use an outside consultant and Brubaker replied that the position is important and is hard to fill. He stated that the Human Resource Director picked this firm because they have expertise with finding candidates and have a pool of excellent candidates. Mayor Cooke communicated that the City has both the Finance Director and the Chief Administrative Officer (CAO) position to fill and the Finance Department and Human Resource Departments are being stretched. She communicated that the consultants could do a thorough job, provide additional background information, and can communicate with people who are employed who may be interested in this job. Councilmember Ranniger verified that the motion is only for the Finance Director position and wondered if there was any thought in using the consultant for both positions. Mayor Cooke replied that the CAO position wasn't discussed and isn't as urgent as the Finance Director. Brubaker communicated that once the election is completed the CAO position will be considered. He said there is a lot of recruiting to be done because of a high number of retirements in the staff, to include one of the Human Resource recruiters. Councilmember Albertson arrived at 8:04 p.m. Councilmember Ralph stated that she will not be supporting this and felt that the City should advertise in national publications and do the recruitment themselves. 5 Kent City Council Minutes September 17, 2013 Council President Higgins moved to postpone this item until the October 1 meeting, seconded by Councilmember Albertson. Councilmember Boyce verified that Council President Higgins wants the full council available to consider this motion. Councilmember Albertson said she is in favor of the motion because she just arrived from the Senate hearings and hasn't heard all the discussion. Councilmember Thomas stated he wasn't in favor of the motion A vote was taken on the motion on the table. Council President Higgins, Councilmember Ranniger, and Councilmember Albertson voted in favor. Councilmember Thomas, Councilmember Ralph, and Councilmember Boyce dissented. Motion failed 3-3. Councilmember Thomas moved to postpone the item indefinitely, seconded by Council President Higgins. Council President Higgins, Councilmember Ralph, Councilmember Albertson, Councilmember Thomas, and Councilmember Boyce voted in favor. Councilmember Ranniger dissented. Motion carried 5-1. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Higgins discussed the workshop and summarized that there was a report from Economic and Community Development (ECD) staff concerning the Downtown Subarea Plan. He noted that the staff recommendation and the ECD Committee proposals were heard. He pointed out that it was announced that most of the goals from the 2005 plan have been completed. He appreciated the presentation and said it will be going to the ECD Committee and Council in early November. He discussed the Senate Transportation Hearings and said the letter was reviewed by the Council. He noted that he will sign the letter and other Councilmembers are welcome to sign it. . B. Mayor. Mayor Cooke discussed the Heritage Bank ribbon cutting and encouraged the Council and public to visit their display of Kent's history inside the bank. She stated that there was a meeting last week by the King County Executive Flood Control District Board with FEMA and it was communicated that flood insurance rates are going significantly up. She stated that it is critical to have properties mapped to determine if they aren't in the flood plains. She stated that FEMA has stated that the maps will be done in about five years and will be reflect how the levees will be in 2016. She continued and thanked the Kent4Health volunteers for their participation in the event in Renton. She stated that Thursday she will be at the Interstate 405/State Route 167 advisory group meeting and there is a high amount of pressure for the City to accept three-person HOV lanes. She said she isn't in favor of it on State Route 167, but felt there may be room for it on Interstate 405. She noted that the Kent Downtown Partnership has been very engaged with the Downtown Subarea Plan and their breakfast is Friday morning at ShoWare. 6 Kent City Council Minutes September 17, 2013 C. Administration. Interim Chief Administrative Officer Brubaker stated there will be an executive session for 10 minutes. D. Economic & Community Development Committee. In the minutes. E. Operations Committee. In the minutes. F. Parks and Human Services Committee. Councilmember Ranniger stated that there will be a discussion on September 19 in the Council Chamber at 5:00 p.m. about the financial challenges concerning the golf course. No decision making will occur, she said, and the meeting is a part of the ongoing exploration concerning the shortfall and how to make the golf system sustainable. . G. Public Safety Committee. In the minutes. H. Public Works Committee. Councilmember Albertson stated that there was a Public Works Committee meeting last night concerning cuts to bus service in Kent. She said mostly the east-west routes within Kent and travel within King County would be cut and that the north-south routes that bring residents to Seattle aren't affected. She discussed the Senate Transportation Hearings, where Kent stands, and said that the location and times of the meetings are on the City's website. She noted that the next meeting is on October 7. I. Regional Fire Authority. Councilmember Thomas communicated that there was a 4-3 vote for the city of SeaTac to execute an agreement to procure fire protection services from the Regional Fire Authority. Mayor Cooke announced that she has executed a proclamation naming September 28, 2013 as "Mayor's Day of Concern for the Hungry." RECESS At 8:27 p.m., Mayor Cooke called for a two minute recess. At 8:30 p.m., the regular meeting reconvened. EXECUTIVE SESSION At 8:31 p.m. the Council adjourned into Executive Session for ten minutes. At 8:39 p.m., the regular meeting reconvened. Brubaker discussed the acquisition of two properties by the City for enhancement of the storm drain utility, to eventually certify the levee, and enhance the Lower and Lowest Russell Road Levee. Councilmember Albertson moved to authorize the Mayor to sign any and all necessary documents to complete the purchase of the property located at 22254 Russell Road South from Thomas &Janice C. Baxter in an amount not to exceed $201,600 plus any reasonable closing costs for the Lower and 7 Kent City Council Minutes September 17, 2013 Lowest Russell Road Levee project, subject to approval of final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Higgins. Motion carried 6-0. Councilmember Albertson moved to authorize the Mayor to sign any and all necessary documents to complete the purchase of the property located at 22250 Russell Road South from Jeanne Hamilton in an amount not to exceed $221,000 plus any reasonable closing costs for the Lower and Lowest Russell Road Levee project, subject to approval of final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Ralph. Motion carried 6-0. Mayor Cooke noted that the funds for this purchase came from King County Conservation Futures Program. ADJOURNMENT The meeting adjourned at 8:40 p.m. Ronald F. Moore, MMC City Clerk 8 KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: September 17, 2013 SUBJECT: Excused Absence for Councilmember Perry - Approve MOTION: Approve an excused absence for Councilmember Perry who was unable to attend the September 17, 2013, Council meeting. SUMMARY: None EXHIBITS: None RECOMMENDED BY: Council President Higgins BUDGET IMPACTS: None KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: October 1, 2013 SUBJECT: Renewal of New Cingular Wireless Cell Site Lease at Fenwick Park - Authorize MOTION: Authorize the Mayor to sign Addendum Two to the cell tower lease agreement with New Cingular Wireless at Lake Fenwick Park, and all other necessary documents, to extend the term for an additional five years, to grant New Cingular an option to renew the lease for three additional five year periods, with periodic rent increases, subject to final terms and conditions acceptable to the city attorney, and ratify all acts consistent with this authorization. SUMMARY: Since October 8, 2002, the City has leased land at Lake Fenwick Park to New Cingular Wireless for a cell tower. The original lease granted to New Cingular by Council in 2002 authorized two 5-year renewal options. This Addendum Two implements the second renewal option provided for by the lease. This Addendum Two includes a rent increase to $28,800 annually, with annual increases of 3% or the percentage increase in the CPI, whichever amount is greater, and grants New Cingular the option to renew the lease for three additional 5-year periods. Therefore, the total lease period authorized by this Addendum Two is through approximately February 11, 2033. Finally, this Addendum Two provides that New Cingular will be allowed to improve the leased premises upon providing the City with 48 hours advance notice. The City's consent to these improvements is not necessary if the improvements are constructed within the leased premises and all required permits are obtained. A copy of the improvement's plans and specifications, drawn to scale, must be provided to the City within 60 days of New Cingular completing the improvements. Because this Addendum Two applies retroactively to February 12, 2013, the authorization sought includes ratification of all acts consistent with Addendum Two that occurred prior to Council authorization having been obtained. EXHIBITS: Addendum Two to Lease Agreement between the City of Kent and New Cingular Wireless PCS, LLC. RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Yes 4 4 ADDENDUM TWO TO LEASE AGREEMENT BETWEEN THE CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC. THIS LEASE ADDENDUM TWO is entered into on the date fully executed below by and between THE CITY OF KENT ("Landlord") and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, d/b/a AT&T Mobility, successor-in- interest to Pacific Bell Wireless Northwest, LLC, with its principal address of 575 Morosgo Drive NE, Suite 13-F, West Tower, Atlanta, GA 30324 ("Tenant"), for its wireless communications facility located at 4127 Reith Road, Kent, Washington ("Lake Fenwick"). This Addendum Two amends that certain Lease Agreement entered into between Landlord and Tenant on or about October 8, 2002, together with Addendum One to Lease Agreement, with an effective date of February 2, 2009 (collectively, the "Lease"). RECITALS 1. Pursuant to Section 2 of the Lease the initial term commenced on February 12, 2003, and expired on February 11, 2008. 2. Section 2 provided for three (3) extension terms of five (5) years each. .Tenant exercised its first extension option in Addendum One, which extended the Lease term through February 11, 2013. 3. Tenant and Landlord desire to extend the term of the Lease forthe second extension term which will run retroactively from February 12, 2013, to February 11, 2018. AGREEMENT Landlord and Tenant hereby agree and covenant as follows: 1. Term and Option to Renew. Section 2 of the lease shall be amended to read as follows: The second Lease extension term shall be for a term of five (5) years and shall commence on February 12, 2013, (the "Commencement Date") and shall end on February 11, 2018, (the "Termination Date"). Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to renew this Lease for three (3) additional five (5) year periods, in addition to its one remaining extension option, subject to the adjustment of Annual Rent as described in Section 3. Should Tenant exercise its option to renew this Lease, that option must be exercised in writing and delivered to Landlord at least ninety (90) days before the end of the term then in effect. ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 1 5 5 2. Rent. All terms in Section 3 of the Lease regarding Annual Rent and the increases during the renewal terms and the adjustments to Market Rent shall remain in full force and effect, except as provided below: a. Section 3.a. of the Lease shall be amended as follows: Tenant agrees to pay Landlord as Annual Rent, without notice or demand, the sum of Twenty-Eight Thousand, Eight Hundred and No/100 DOLLARS ($28,800.00), plus leasehold tax, if required by law. The Annual Rent shall be paid in advance, on or before the first day of the anniversary of the Commencement Date during the term hereof. Annual Rent shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. b. Section 3.d. of the Lease shall be amended as follows: The Annual Rent during years two (2) through five (5) of each five (5) year term shall be increased effective as of each anniversary of the Commencement Date by an amount equal to the greater of three percent (3%) or the percentage increase in the CPI over the CPI for the month 12 months prior to the adjustment date. "CPI" means the Consumer Price Index for All Urban Consumers, U S City Average, All Items, issued by the Bureau of Labor Statistics for the United States Department of Labor (1982-84 = 100). If the CPI is converted to a different standard reference base or otherwise revised, the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the Bureau of Labor Statistics. 3. Tenant Improvements, Plans Bonds. All terms in Section 5 of the Lease regarding Tenant Improvements shall remain in full force and effect, except as provided below: a. Section 5.a.1. of the Lease shall be amended as follows: Tenant may improve the Premises by constructing wireless communications antennas on an existing Puget Sound Energy pole, and constructing related wireless communications ground equipment, support structures and cables. Tenant is required, as part of this Lease, to complete all the items listed in Exhibit D. Tenant is responsible to provide all labor, materials, and equipment for the items listed in Exhibit D. Prior to commencing construction on any improvements, Tenant shall provide Landlord with forty-eight (48) hours' notice. Consent by Landlord is not required, provided improvements are only constructed within the Premises, and that all necessary permits have been properly issued. Tenant shall provide Landlord with a copy of all plans and specifications drawn to scale for all improvements no later than sixty (60) days after construction of improvements is complete. The waiver of consent does not apply to the City of Kent acting as a governmental entity issuing permits and other approvals for the work Tenant is requesting to perform, whose schedule is governed by applicable law. ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 2 6 6 b. Section 5.a.4. of the Lease shall be amended as follows: Improvements or modifications are subject to the conditions set forth in section a.(I), (2) and (3) above. 4. Certification. Tenant hereby certifies to Landlord that the Lease is in full force and effect and that there are no uncured defaults on the part of the Landlord under the Lease. 5. General Terms & Conditions. (a) Except as amended by this Addendum Two, all provisions of the Lease shall remain in full force and effect except as specifically modified by this Addendum Two. (b) In case of any inconsistencies between the terms and conditions contained in the Lease and the terms and conditions contained in this Addendum Two, the terms and conditions herein will control. (c) This Addendum Two may be executed in duplicate counterparts, each of which will be deemed an original. (d) Each of the parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Addendum Two. IN WITNESS WHEREOF, the parties hereto have executed this Addendum Two, which shall take effect on the last date signed below. LANDLORD: TENANT: CITY OF KENT NEW CINGULAR WIRELESS PCS, LLC A Delaware limited liability company By: AT&T Mobility Corporation Its: MM By: By: Print Name: Print Namperf Roper Its: Its: ngMeering- PNW Date: Date: i ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 3 7 7 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2013, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the CITY OF KENT as its and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires i ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK — Page 4 8 8 STATE OF OREGON ) ss. COUNTY OF WASHINGTON) I hereby certify that on the I Z day of��A�LA Cn/J�' 2013, I know or have satisfactory evidence that 2s%i L-)DPA, is the person who appeared before me, and said person acknowledged that he sh igned this instrument, on oath stated that he/ 7e is authorized to execute the instrument on behalf of AT&T Mobility Corporation, Manager of NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, as its ArmB Ma-o-IAA,e — , and such execution to be the free and voluntary act of such party for th47uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above writt n. &a n OFFICIAL SEAL .KATHERINE E ETZEL NOTARY PUBLIC-OREGON— 1 °lArI✓1 ze'` COMMISSION NO 475698 TARY PUBLIC, in and for the State of Oregon MY COMMISSION EXPIRES FEBRUMY14,2l) iding at -TC 1ow,At My appointment expires Zj !4-1/7 P:\Civil\Flies\Open Files\0863-CellTowerLeases\Cingular\Cingular-LakeFenwick-AddendumTwo.doc 1 ADDENDUM TWO TO LEASE AGREEMENT BETWEEN CITY OF KENT AND NEW CINGULAR WIRELESS PCS, LLC LAKE FENWICK - Page 5 KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: October 1, 2013 SUBJECT: Desimone Levee Interlocal Agreement with Tukwila - Authorize MOTION: Authorize the Mayor to sign an Interlocal Agreement between the City of Kent and the City of Tukwila for improvements to and FEMA accreditation of the Desimone Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: The State of Washington included in its 2011-2013 biennial budget a $7 million grant for the Briscoe/Desimone Levee. Funding was directed to the King County Flood Control District and is intended to pay for improvements to the levees needed for FEMA accreditation as well as the accreditation process itself. On February 26, 2013, the King County Flood Control District Board of Supervisors passed a resolution to execute a grant agreement with the state for the $7 million and pledged additional Flood Control District funding for this project. On June 6, 2013, the City of Kent and the Flood Control District executed an interlocal agreement for use of the state funds and provided an additional $11 million in Flood Control District funds for this project. The Desimone Levee lies entirely within the city limits of Tukwila and our consultants have identified a segment of this levee as not meeting the Federal Emergency Management Agency's accreditation standards. A failure of this levee segment would result in inundation of parts of Tukwila and the north area of Kent. This interlocal agreement describes the requirements of the City of Kent and the City of Tukwila with respect to design, permitting, and construction of the Desimone Levee repairs. EXHIBITS: Interlocal Agreement with Tukwila with Exhibits RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This work will be funded from the $7,000,000 state grant and the $11,000,000 in King County Flood Control District funds. DEPARTMENT OF ECOLOGY State of Washington Ecology Grant Agreement No. G1300118 between the State of Washington Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements THIS is a binding agreement entered into by and between the State of Washington, Department of Ecology, (PO Box 47600, Olympia, Washington, 98504-7600) hereinafter referred to as the "DEPARTMENT" or as "ECOLOGY' and the King County Flood Control Zone District, hereinafter referred to as the "RECIPIENT"to carry out the activities described herein as authorized by the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget. Recipient Name: King County Flood Control Zone District Water and Land Resources Division 201 South Jackson, Suite 600 Seattle, WA 98104-3855 Recipient Project Coordinator: Jennifer Rice Telephone Number: 206-263-0153 e-mail address: Lennifer.RiceKirggggnty.caov Fiscal Contact for Recipient: Katrina Johnston Telephone: 206-296-1963 e-mail address: Katrina.Johnsto>n Kingcounty.gov_ Payee on Warrant: King County Flood Control Zone District (address as above) Project Officer for the Department: David Radabaugh SEA Program— NWRO WA State Department of Ecology 3190 — 160'h Avenue SE, Bellevue, WA 98008-5452 Telephone Number: 425-649-4260 e-mail address: david.radabaugb@gcywa.gov wa.gov The source of funds provided by the DEPARTMENT are from the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget to improve the Green River Briscoe/ Desimone Levee. Maximum Eligible 100% State Project Cost: $7,000,000 State Maximum Cost Share Rate: 100% UP TO a maximum State Share of$7,000,000". This agreement is effective from January 1, 2013 through June 30, 2016. Page 1 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Scope of Work Project Title: Briscoe-Desimone Levee Improvements Description: The project involves improvements to the Briscoe and Desimone levees which are on the right(eastern) bank of the Green River between River Miles (RM) 14.3-17,00 in the cities of Kent and Tukwila. The Briscoe and Desimone levees are aging earthen levees with over-steepened slopes,a levee crest less than 12 feet wide, and toe scour protection that is generally missing or inadequate. The adjoining river channel lacks adequate in-stream and aquatic edge habitat structure, such as deep pools, large woody debris, and overhanging cover. While originally built to provide flood risk reduction to farmland in the Kent Valley, these aging levees now protect$2.8 billion worth of urban structures and contents. A levee breach or overtopping in this location would have serious implications including threats to public safety, damage to public infrastructure, impacts on the regional economy, and damage to private structures (including homes and businesses). Single-flood damage estimates for a failure of containment by these levees exceed $830 million. The economic disruption to the valley would be measured in years. Businesses with expensive and difficult to relocate or replace industrial machinery are particularly at risk. Because of these significant risks, improvements to this levee segment are a very high priority to the City of Kent and the King County Flood Control District. Work: The scope of this grant agreement focuses on the portion of the levee segment that is between River Mile 15.98 and 16.36. The Recipient shall perform the following work: Scope of Work Task 1: Project Coordination and Administration The Recipient will coordinate throughout the grant period with Ecology and other federal, state, local agencies, and Indian tribes. In its commitment to provide technical assistance throughout the grant period, Ecology will meet with the jurisdiction to present and discuss approaches to floodplain construction issues before work begins. This Task also covers expenses for the recipient to administer the grant including, but not limited to: contract monitoring; coordinating with the Corps of Engineers, FEMA, the City of Kent, and other parties; internal staff reviews; construction engineering management; etc. Cost: $500,000 State contribution: $500,000 Page 2 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Deliverable: Progress Reports are due quarterly for both years per the matrix that follows; see Special Terms and Conditions, Paragraph 9 for details on progress reporting and page 5 for invoicing information. NOW,•,� R 'oit, a M_ *14% First Quarter Jul 1 —September 30 October 30 Second Quarter October 1 — December 31 January 30 Third Quarter January 1 — March 31 Aril 30 Fourth Quarter Aril 1 —June 30 July 30 Task 2: Right of Way (ROW) Plans and Property Acquisitions Acquire ROW necessary for project, including 15 foot maintenance easement on the landward side of the constructed flood wall. All properties acquired will be used to enhance the levee system or used in perpetuity for open space purposes only. Restrictions from future development will be placed on the deeds and will be recorded on the titles. See Exhibit C for the restrictive covenant and related documents which shall become part of the acquisition. Ecology shall be in receipt of complete documentation before payment is released for the acquisition. Cost: $400,000 State contribution: $ 0 Deliverable: (Two copies) Acquisition Report to include but not limited to: 1. A map showing the location of properties purchased; 2. List of properties with names /addresses acquired 3. Right of Way plans 4. Acquisition documents for each property including: a. Title Reports b. Appraisals c. Appraisal Reviews d. Environmental Assessments e. Clean Site Certifications f. Closing Statements g. Offer Letters h. Recorded Deeds and Easements with title restrictions in a form approved by Ecology. i. (Digital) photographic documentation of project properties before and after project implementation in sufficient quantity/quality to effectively illustrate project progress/demolition work. Date Due: June 30, 2014 Page 3 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Task 3: Design Plans The Recipient will prepare a detailed set of design plans for construction of an I-beam flood wall that will meet or exceed FEMA accreditation requirements. Cost: $875,000 State contribution: $875,000 Deliverable: (Two copies) Design Plans, signed and sealed by an engineer licensed in the State of Washington and meeting FEMA accreditation requirements.-. Date Due: June 30, 2014 Task 4: Project Permits The Recipient will acquire all permits and approvals necessary for project completion in a timely manner and in accordance with the schedule below. This task includes obtaining required federal, state, and local project permits and approvals, as well as preparation of all necessary technical studies, engineering studies, and habitat assessments. If a Letter of Map Revision (LOMR) is necessary, then the Conditional LOMR process shall be utilized. Permit Schedule The following permits have been, or will be, obtained. Work Dates Permit Activity Start End SEPA 2/2013 5/2013 NPDES Construction —Wash. Dept. of Ecology 3/2013 5/2013 Hydraulic Project Approval—WDF&W, if required 3/2013 5/2013 Shoreline Substantial Development 2/2013 6/2013 Shoreline Conditional Use Permit, if required 2/2013 6/2013 Flood Zone Permit, if required 3/2013 5/2013 Other, if required Cost: $25,000 State Contribution $25,000 Deliverable: (Two copies) All Permits Date Due: June 30, 2013 Page 4 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Task 5: Construction Project construction will be conducted in accordance with approved plans, specifications, permits, and generally accepted engineering practices. A contractor will be hired to construct the floodwall to meet or exceed FEMA standards for 100 year flood levee certification. Cost: $5,700,000 State contribution: $ 5,600,000 Deliverables: • Two copies: As-built drawings, signed and sealed by a professional engineer licensed in the State of Washington. • Two copies: Final project summary report, signed by the Project Engineer declaring that the project was, to the best of his/her knowledge, constructed and completed in accordance with the construction plans and specifications and generally accepted engineering/construction practice. • Two sets: Digital photographic documentation of the project before and after construction in sufficient quantity to effectively illustrate important phases of construction and project progress. Date Due: June 30, 2015 Budget Budget Conditions 1. Project Administration: For the administration of this agreement the RECIPIENT must follow the current edition of the Administrative Requirements for Ecology Grants and Loans (Yellow Book). 2. Invoicing: • Grants are awarded on a reimbursable basis. The Recipient initially pays project costs in full. Upon presentation of an invoice to Ecology, Ecology's share of the project is reimbursed to the Recipient. • Expenditures will be monitored by the Ecology Fiscal Office for compliance with the budget (see below). Budget deviations are allowed between tasks (e.g., a grantee may spend less money on one task and more on another), but in no circumstances may the state share of the project cost be exceeded without a prior written amendment When submitting invoices to Ecology, the RECIPIENT shall itemize all costs by task and provide subtotals by task on Ecology's Form C2, Voucher Support Form. All payment requests must have forms A, B, C (and D if applicable), be accompanied by supporting invoicing documents a commensurate progress Page 5 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements report, and receive Ecology Project Officer approval before payment can be released. NOTE: For payment requests, the RECIPIENT must use the Ecology forms contained in the Yellow Book. Otherwise, Ecology will return requests to the RECIPIENT for submittal on the correct forms. • Forms - http:/Iwww.ecy.wa.gov/biblio/9118A.httnl • Yellow Book- http://wwW.gcy wa.goy/Io blio/9118.html ® The RECIPIENT must maintain complete backup documents including but not limited to all invoiced costs and time sheets- signed and dated by employee and supervisor. The RECIPIENT must keep these expenses in grant files according to budget task for a period of three years after project completion and make them available at any time for inspection by the DEPARTMENT. ® Requests for reimbursement must be submitted at least quarterly but not more than once per month by the RECIPIENT on state invoice voucher forms. Financial reports will be submitted 45 days after the quarter closes. The indirect rate must not exceed 25 percent of direct (staff) labor and benefit costs. This rate covers space utilities, miscellaneous copying, telephone, motor pool,janitorial services, records storage, rental, county fiscal and legal services, etc. Items not included in. this list must be reported with the first payment request and must remain consistent for the life of the grant. ® Right to Audit: The Recipient agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit ex- amination not to constitute allowable costs under this grant. The Recipient shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under completed or terminated grants.. ® Final payment of grant projects is contingent on receipt of viable deliverables as listed in this grant agreement. A final invoice will be submitted 45 days after the final quarter of the grant agreement. 2. Budget (for RECIPIENT reporting and Ecology tracking purposes): The source of funds provided by the DEPARTMENT are from the 2011-2013 Washington State Legislature, SB 6074, §3009 Capital Budget. State Funding is as follows: Maximum Eligible 100% State Project Cost: $7,000,000 Estimated Costs Work Item State Cost KCFCZD Total Cost Cost Task 1 Project Coordination &Administration $500,000 0 $500,000 Task 2 Right-of-way Plans & Property Acquisition 0 $400,000 $400,000 Task 3 Design Plans 875,000 0 $875,000 Task Project Permits 25,000 0 $25,000 Task 5 Construction 5,600,000 100,000 $5,700,000 TOTAL PROJECT COST ' $7,000,000 $600,000 $7,600,000 Page 6 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Special Terms and Conditions AGREEMENT PROVISIONS 1. Compliance with all Laws: The Recipient shall comply fully with all applicable federal, state and local laws, orders, regulations and permits. 2. Restrictions on Lobbying: The Recipient of this agreement Is prohibited from using funds provided by this agreement for lobbying purposes in accordance with the Administrative Requirements for Ecology Grants and Loans, Publication No. 91-18, current edition, Part III, Section G. 3. Local Decision: This grant is made in response to a request for financial assistance from the Recipient to undertake flood damage prevention projects. The choice of floodplain management activities addressed by this grant is a local decision made solely by the Recipient. The Recipient is not acting as an agent of the State. 4. Lawsuits: The Department shall not be responsible for any non-contractual damage or inverse condemnation claims resulting from the structures or works constructed, repaired, restored, maintained, or improved pursuant to this grant. 5. Indemnification, Hold Harmless and Duty to Defend a. The Department shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the scope of work. b. This paragraph applies to negligence based claims only. All other claims are governed by paragraph 4 of this section. To the extent the constitution and laws of the State of Washington permit, Recipient shall indemnify, defend and hold harmless the State, its agencies, officers and employees, from all claims, suits or actions brought for any or all injuries to persons or property arising from, or as a consequence of, negligent acts or omissions related to the construction, restoration, repair, maintenance, improvement or operation of the structures or works for which this grant is provided. If the structures or works for which this grant is received are a portion of an integrated flood protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that this provision is not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor is it intended to, and it shall not be construed to, confer any rights upon third parties. The Recipient will not be required to indemnify, defend, or save harmless the State, its agencies, officers or employees as provided in the preceding paragraph of this section if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the State. Where such claims, suits, or actions result from the Page 7 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements concurrent negligence of(a) the State, or the State's agents or employees and (b) the Recipient or the Recipient's agents or employees, the indemnity provisions provided in the preceding paragraphs of this section shall be valid and enforceable only to the extent of the Recipient's negligence or the negligence of its agents and employees. C. To the extent that the constitution and laws of the State of Washington permit, Recipient shall indemnify and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the continued operation, maintenance, or repair of the structures or works constructed, restored, repaired, maintained or improved as a result of this grant. If the structures or works for which this grant is received are portions of an integrated flood protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that the indemnity provisions of this paragraph are not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor are they intended to, and they shall not be construed to, confer any rights upon third parties. This agreement applies to all non-negligent, non-contractually based claims including, but not limited to, inverse condemnation, contribution, indemnification, trespass and/or nuisance. 6. Quality Assurance Project Plans (QAPP): IF this project involves the collection of environmental measurement data, the Recipient needs to prepare a QAPP to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating this data. The plan shall be conducted in accordance with the DEPARTMENT'S Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , current edition, (Ecology Publication No. 04- 03-030) available at hftp://www.ecy.wa.gov/biblio/0403030,html The plan must describe the monitoring and data quality objectives, procedures, and methodologies which will be used to ensure that all environmental data generated will meet these requirements. The size and complexity of the plan should be cost effective and in proportion to the magnitude of the sampling effort. In developing the plan, the RECIPIENT may also reference Ecology's Technical Guidance for Assessing the Quality of Aquatic Environments, February 1994 (Ecology Publication No. 91-78), available at http://www.ecy.wa.goy/biblio/9178.html. The QAPP report shall be limited to a concise description of the environmental measurement aspects of this project. Ecology's Project Officer shall review and approve this plan prior to initiation of work. The QAPP plan may describe the following elements: ■ Assumptions that direct the collection and analysis; ■ Resources used (such as flights for aerial photos); ■ Resource documents that will be consulted; ■ Field methods employed; ■ Office methods employed; ■ Training level of staff involved in data collection and analysis; ■ Equipment/materials to be used and accurate calibration assurance. 7. Coordination with Ecology's Geographical Information System (GIS): IF this project involves developing GIS data, the Recipient shall coordinate with Ecology's GIS office Page 8 of 24 Flood Agreement No. G130011 S between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements in an effort to promote compatibility and to encourage sharing of geospatial data.To facilitate data sharing, the Department utilizes the following standards: ESRI's ARC/INFO m Current version ESRI's ArcView Current Version Horizontal Datum NAD 83 HARN Vertical Datum NGVD 88 Projection System Lambert Conic Conformal Coordinate System WA State Plane Coordinates Coordinate Zone South Coordinate Units Feet Accuracy Standard +/-40 Feet(1:24,000) minimum accuracy to within a foot of the true North American datums stem Vector Import Format ArcExport, DLG and/or DXF, shapefiles Raster Import Format TIFF, BIL/BIP, RLC,GRID,ERDAS, SID Whenever possible, the Recipient is encouraged to utilize the standards listed above when compiling data. To discuss the usage of other standards, please contact Jerry Franklin at 360 407-7470; Fax: 360 407-6902; E-Mail:jfra461@ecy.wa.gov or Dan Saul at 360-407-6419; E-Mail: dsau461()ecy.wa.gov for further data sharing and compatibility information. The RECIPIENT shall submit copies to Ecology's Project Officer with complete documentation as it relates to all digital data, GIS coverages, shape files, related tables and map products. 8. Responsibilities of the Project Coordinator: The Recipient's Project Coordinator shall be responsible for the procedural obligations under this agreement in addition to his/her duty to coordinate the planning effort hereunder. He/She shall cooperate with all parties concerned in every way possible to promote successful completion of the services described in the Scope of Work. 9. Quarterly Reporting Quarterly Reports are contingent on the effective date of the agreement. For timely preparation and review, quarterly reports shall convey essential information in a simple, concise manner through the use of bulleted summary statements, lists, and tables and include the following: a. A comparison of actual accomplishments to the objectives established for the reporting period including a description of issues on fisheries resources; b. For any work related to GIS, designate data standard utilized and associated data documentation. c. Status of project schedule d. Personnel changes e. Any difficulties encountered during the quarter. f. Environmental benefits being achieved by the project Page 9 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Reporting Periods for each year of the agreement dependent on the start date: a� First Quarter (Year 1) Jul 1 —September 30 October 30 Second Quarter October 1 — December 31 Jan 30 Third Quarter Year 2 January1 — March 31 A ril 30 Fourth Quarter Aril 1 —June 30 Jul 30 For Report Contents and Ecology's form: Please visit our website at: hftp://www.ecy.wa.gov/progra m s/sea/grants/flooddamageprevention County or City Name Grant No.G+300_ 10. Identification of Project Materials -All reports, maps, and other documents published as part of this grant agreement shall carry the name of the RECIPIENT, Ecology's grant number (in the upper right hand corner), title, the specific task number of the Project Title product and centered on e front cover or e e or in Task Title pd d date td the t titla page( Task Number the case of maps, the block which contains the name of the Date Government unit or Department). 11. Format for Publications and Brochures: Any (hard copy) publications or brochures required as a product of this agreement shall conform to minimum standards of size, 8-1/2" x 11"white, recycled paper equivalent in weight to 20 lb. bond, single spaced, printed both sides, no less than 1" margins. Photos, illustrations, and graphs must be of reproducible quality. Any publications or brochures intended for public distribution shall comply with graphic requirements as specified in Ecology's "Publications Handbook", publication number 91-41 and any additional specifications as may be outlined in the Scope of Work. 12. Amendments: A 'letter" amendment is a written request by the Recipient to extend the project completion and expiration dates provided that is allowed by the grant program . On the approval of Ecology's project officer, the request is then forwarded to the Ecology Budget and Fiscal Offices for processing. A formal amendment is required for a significant change to the scope of work or an increase to the total eligible project cost and is signed by both parties. 13. Minority And Women's Business (MWBE) Participation: The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women-owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10% MBE 6%WBE Architecture/Engineering 10% MBE 6%WBE Page 10 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe t Desimone Levee Improvements Purchased Goods 8% MBE 4%WBE Purchased Services 10% MBE 4%WBE Professional Services 10% MBE 40/oWBE Meeting these goals is voluntary and no contract award or rejection shall be made based on achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: a. Include qualified minority and women's businesses on solicitation lists. b. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: f. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. g. The total dollar amount paid to qualified firms under this invoice. 14. Right to Audit: The Recipient agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit examination not to constitute allowable costs under this grant. The Recipient shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under com- pleted or terminated grants. 15. Grant Closeout: The end date for this project is June 30, 2015. A grace period of 45 days for all deliverables and invoice vouchers is allowed as stipulated in the scope of work or by the State Office of Financial Management(OFM) through Ecology's Fiscal Office. 16. All Writings Contained Herein: This agreement, the appended "General Terms and Conditions", and the Department's current edition of"Administrative Requirements for Ecology Grants and Loans" contain the entire understanding between the parties, and there are no other understandings or representations except those set forth or incorporated by reference herein. No subsequent modification(s) or amendments to this Page 11 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement; EXCEPT a letter amendment will suffice to extend the period of performance as set forth on the page 1 of this grant agreement. IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement: State of Washington Department of Ecology King CountyFlood Control Zone District Gordon White Date Signature, Authorized Official Date Program Manager Shorelands and Environmental Assistance Programme L�t�r� iTy Print NaYne of Authorized Official Approved as to form only by Title of Authorized Official The Assistant Attorney General (Note: Insert additional signature blocks(s) and/or pages if more than one signature block is required) Page 12 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Appendix A: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE ° The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws,regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. Page 13 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A- 133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. Page 14 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/ Desimone Levee Improvements The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.S. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grantfloan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state Page 15 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph KA above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s)to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement, Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing Page 16 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www,ecy.wa.gov/sustainability. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Page 17 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the"Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 04104 Page 18 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe!Desimone Levee Improvements Appendix B: Site Map - Detail r� Tulr -' " ry, Bnscoa-Dosimcne Levee hnprovement.I Project Area J! �I ff x= tLettt F ItlIb�K�.utlauRty .x {{dddd 9 . ...,.btl2M 31 < N y Page 19 of 24 # a , r m z 4 _ g � # a ' 17 - — is IT ' _ W— "; Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Appendix C: Restrictive Covenant Boilerplate for the Green River Levees Restrictive covenant for the City of Tax Lot# Upon recording return to: Project Manager: Department: City: Address: Restrictive Covenants Notice is hereby given that the property acquisition, hereinafter referred to as the " " property, more particularly described in Exhibit "A," is subject to the use restrictions listed below. The purpose of these restrictions is to prevent this land from future development and to ensure that the property will be used to enhance the Green River Levee system in perpetuity while allowing public access. These restrictions are a condition of the grant funding appropriated by the Department of Ecology as authorized by the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget to improve the Green River Briscoe / Desimone Levee that protects communities in the Lower Green River Valley from flooding and are enforceable by Ecology. Uses of the property are restricted as set forth below. These restrictions and obligations are intended to run with the land and shall be binding on the city of , its heirs, successors, and assigns: 1) Enhancing the Green River Levee to protect the Lower Green River Valley from flooding; 2) Maintaining vegetation and providing new native vegetation as necessary to prevent levee erosion and to manage the growth of non-native exotic species (such as Reed Canary grass, purple loosestrife, etc.); 3) Allowing for inspection, maintenance, repair, and necessary reconstruction of the levees; 4) Allowing for levee access ; 5) Maintaining and improving the levee system for the enhancement of fish and wildlife habitat; 6) Providing for open space as deemed appropriate; and 7) Restricting acquisition areas from future development other than required for levee improvements. Legal Description of Acquisition Area, is attached as Exhibit "A" Page 21 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe!Desimone Levee Improvements In witness whereof, the City of has executed this document this day of 20_, at (city), Washington. CITY OF Signature, Authorized Official Print Name of Authorized Official Title of Authorized Official STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that _(name) is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Page 22 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe/Desimone Levee Improvements Restrictive Covenants Exhibit A: Legal Description of Acquisition Area Page 23 of 24 06 0OL / \ § ko a r§ @ j kk 2 \ § # - o « 7cnf - w — | | _ % . % k kk § / 2 k J k ! ƒ 2 § ® /) c § ! Er £ f ! k o E _ k ! ■ )J ! A ) \ o f 2 )) ) ° ;CY - ° dal ` \ 2 � k 0 2 LP \ E § L — mm § � ) � ) k§ k ° ® ! o « £; k3 / f , < . ƒ) Zf 0 k ƒ/ 2 ! AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE Briscoe—Desimone Levee River Mile 14.3 to 17.0, Right Bank THIS AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE ("Agreement") of the Briscoe—Desimone Levee, River Mile 14.3 to 17.0, Right Bank ("Levee") is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation (`City"), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal corporation of the State of Washington(`District") (collectively,the "Parties"). RECITALS A. King County, Washington, through the Water and Land Resources Division of the King County Department of Natural Resources and Parks ("WLRD"), as service provider to the District pursuant to an interlocal agreement with the District, operates and maintains a major portion of the Green River Levee System. B. The Briscoe-Desimone levee (`Levee") is a key part of the Green River levee system. The District Board of Supervisors desires to improve the Levee by constructing new floodwalls at four sites, known as Reaches 1, 2, 3 and 4, described and shown in Exhibit A (Sheet 1 of 4 and Sheet 3 of 4). The four floodwall projects will hereafter be referred to individually as "Reach "X" Project" or "Reach Project," and collectively as "Levee Project," "Levee Reaches," or "Reach Projects." The Levee Project is planned for construction from 2013 through 2015. The Reach 3 Project will be constructed first, beginning in 2013. C. Based on a collaborative effort, presentation and request to the State Legislature in the 2012 Legislative Session, the Legislature passed ESHB 6074 relating to the 2011=2013 State Capital Budget. Section 3009 of ESHB 6074 appropriated $7,000,000 to the District for the "Briscoe-Desimone levee improvement project". This amount was based on the City's estimated cost to construct the Reach 3 Project in order to meet National Flood Insurance Program accreditation standards, and allow the Federal Emergency Management Agcncy ("FEMA") to verify compliance with such accreditation standards. Unless the State Legislature reappropriates fire funds into the 2013-2015 biennium, the appropriation will need to be expended prior to June 30, 2013 D. Using ESHB 6074 funds, the District desires to authorize and the City desires to construct the Reach 3 Project as soon as possible, in order to provide for the safety of the residents and businesses that will be protected by this levee. 1 EC approved (RB-RIO E. By Resolution FCD2013-06, adopted on April 29, 2013, the District Board of Supervisors authorized the Chair of the Board to enter into a Grant Agreement (No. 01300118) with the state Department of Ecology relating to the use of the $7,000,000 for the Reach 3 Project ("DOE Agreement'). The DOE Agreement estimates that the cost of the Reach 3 Project will be $7,500,000, with a maximum grant amount of $7,000,000 and a maximum District contribution of$500,000. F. By Resolution FCD2013-02.2, adopted on February 26, 2013, the District Board of Supervisors declared its intent to address urgent flood risk reduction needs throughout King Comity and to work cooperatively with Green River cities to manage flood plain resources. In this Resolution, the District Board of Supervisors also approved funding for the Levee Project under certain conditions and requirements to be satisfied by both the City and the District G. In Resolution FCD2013-02.2, the District Board of Supervisors did not specify a maximum funding for the Levee Project. During the District Board of Supervisors' discussions of this Resolution, the City stated that the estimated cost of the Levee Project would be $17,000,000. The District Board of Supervisors required changes to the design of the Levee Project floodwalls and called for additional setbacks for the Reach 1 levee. The City also stated that the required design change would add an additional $1,000,000 to the Reach 1 Project cost, resulting in a total cost of$18.000,000 for the Levee Project. H. After adoption of Resolution FCD2013-02.2, the City revised its estimate for construction of the Levee Project to $18,500,000. The District has not reviewed or analyzed this City estimate. � I. The Parties desire to enter into this Agreement to establish the terms and conditions for the Levee Project, and for all four Reach Projects. J. By Motion FCD11-02.1, adopted on July 6, 2011, the District Board of Supervisors adopted certain levee maintenance and repair standards and requirements and addressed countywide flood protection levels, levee accreditation and certification. This Motion is applicable to the Levee Project, to the extent that the Motion is consistent with Resolution FCD2013-02.2. AGIZF,F,ATF NT Based upon the lbreguin,g, the Parlies agree as ollows. 1. Incorporation of Recitals—Scope of Apreenient. All recitals above are hereby incorporated and ratified as part of this Agreement. This Agreement establishes the terms and conditions for design; construction, installation, operation, maintenance and repair of improvements to the Levee and its four Reaches; as those terms are defined in the recitals above. 2 EC approved (RG-RK) 2. Definition of District. Unless provided otherwise in this Agreement, the term "District" hereinafter also shall include WLRD in its capacity as service provider to the District. 3. Interlocal Agreement with Tukwila. The City of Dent shall enter into an agreement with the City of Tukwila to act as lead agency for all work within the City of Tukwila. 4. Levee Design, Construction and Reimbursement. a. The City shall design, construct and install the improvements to the Levee Project and the four Reach Projects described and depicted on Exhibit A,. attached hereto and incorporated herein by reference in accordance with this Agreement, the DOE Agreement", and District Resolution FCD2013-02.2 ("Resolution") (the Resolution is attached as Exhibit B, which is incorporated herein by reference), as supplemented by the terms and conditions of Attachment A to Exhibit B, attached hereto and incorporated herein by reference. By executing this Agreement,the Parties acknowledge receipt and review of the DOE Agreement. b. The City shall obtain and be responsible for all necessary local, state, and federal permits and approvals for the Levee Project, and shall fully comply with all applicable requirements and conditions thereof. C. The Parties acknowledge and understand that at the effective date of this Agreement, most but not all of the estimated cost of the Levee Project is included in the District's 2013-2018 Six-Year CIP, most but not all of the estimated cost of the Reach 3 Project is included in the District's 2013 Budget, and the estimated cost of the Reach 1, 2 and 4 Projects is anticipated to be included in the District's budgets for 2014 and thereafter. The District's obligation and responsibility to provide funding for the Levee Project, including all four Reach Projects, is conditioned upon appropriation by the District Board of Supervisors of sufficient funds to finance the Levee Project and the four Reach Projects, including the Reach 3 Project in the 2013 and 2014 calendar years. Tf the District Board of Supervisors fails to appropriate expenditures in a District budget to reimburse the City for costs and expenses related to the Levee Project or any of the four Reach Projects, the District reserves the right to terminate this Agreement, and the City shall immediately terminate work on any and all Reach Projects; provided, that until substantial completion of a Reach Project, the District shall continue to accept and review City requests for reimbursement up to the amount of fiords appropriated in an approved District budget and sell available for reimbursement tinder the DOE Agrecincnt or this Agreement. d. The. City's cost and expense for the Levee Project improvements shall be reimbursed pursuant to the procedures; requirements and restrictions of paragraph 13 below. e. The City shall obtain and convey to the District or Ding County any necessary easements for design or construction of or access to the Levee in the form of the standard River Protection Easement in Reference 8=P to the Ting County Surface Water Design Manual. These 3 EC approved (RB-RK) easements shall include all of the improvements designed and built under this Agreement; all areas necessary for any temporary erosion control measures; a 15-foot maintenance/inspection corridor along the landward side of these areas; and suitable access for heavy equipment to reach all of these areas from the public roadways. All of the easements required for construction of any floodwall segment in Reaches 1 through 4 must be approved, accepted and recorded by the District before commencement of construction of such floodwall segment. The City also shall obtain and convey to the District or King County all restrictive covenants as required by the DOE Agreement for the Reach 3 Project, and as required by other state of Washington Department of Ecology agreements that provide funding for the other Reach Projects. 5. Levee Maintenance, Operation and Repair Standards. The District shall operate, maintain and repair the Levees in accordance with this Agreement, which includes Exhibit C, attached hereto and incorporated herein by reference, and with District general standards, requirements and policies for operation, maintenance and repair of Green River levees, as these are determined and applied by the District, provided that: a. The District shall not be obligated to operate, maintain and repair a Levee if FEMA does not approve a risk-based approach to operation, maintenance and repair of the Levee; and b. If the total cost of Levee operation, repair, and maintenance in the project area shown on Exhibit A exceeds the sum of average annual costs for the Green River levee system over the number of years this agreement has been effective, the City shall cover all costs and expenses in excess of the average. For this purpose, the average annual cost is $95,000 per levee . mile per year in 2013, to be adjusted for inflation each year thereafter. The District will provide the City with an annual report of operation, repair, and maintenance costs incurred in the project area. 6. District Review of Levee Plans and CLOMR Applications. The City shall provide to the District a schedule of the material and significant events and actions for design and bidding of each Reach Project, which events and actions shall include, but not be limited to, three design stages and the invitation to bid. The City shall submit plans and specifications for each of these three design stages to the District for review and comment. For all Levee Reaches, at least thirty (30) days before advertising an invitation to bid, the City shall submit to the District for review and comment the plans, specifications and requirements of the invitation to bid and the application (with attacients and exhibits) for a FEMA Conditional Letter of Map Re-visiou ("CLOMR"). The District shall submit any comments within thirty (30) days of receipt of the documents. 7. Additional Activities. The District will provide enhanced monitoring of the Levee through slope stability instrumentation, and the District may seek reimbursement of the cost of such monitoring from State of Washington funding. a 6C approved (RB-RIO 8. District Inspections. The District shall have the right to inspect the City's construction of the Levee Project. 9. Contracts for Levee Work. Upon execution of a contract for construction of a Reach Project, the City shall send a copy of the contract to the District. 10. Record Drawings; Retention and Review of Documents. The City shall submit to the District record drawings for each Reach Project, in a form and with detail required by the District. The City agrees to maintain documentation of all planning, design, constriction and inspection of all Reach Projects sufficient to meet state audit standards for a capital project, recognizing that the costs of the Levee work are paid for in whole or in part by City, District and State of Washington funding sources, and that the City, the District and/or King County may seek recovery of costs expended from other governmental funding sources. The City agrees to maintain any additional documentation that is requested by the District. City contracts and internal documents shall be made available to the District for review and/or independent audit upon request. 11. Access; Special Use Permit. To the extent that the District's or King County's property interests require and allow, the City shall follow the District and/or King County processes for obtaining, as applicable, special use permits, consistent with King County special use permit procedures and standards, and shall obtain such permits for any City access to and construction and inspection work on the Levee. The District shall waive any applicable bond requirements. If Levee Project work involves access to and use of real property for which neither the District nor King County has real property interests or rights, the City shall be responsible for obtaining real property rights sufficient for City access to and construction and inspection of such Levee Project work, and District and WLRD access to and maintenance, operation and repair of the Levee. 12, District Costs and Expenses. a. The total cost to the District of the four Reach Projects shall not exceed $11,000,000, of which the District's maximum contribution toward the Reach 3 Project shall be $500,000. b. For the Reach 3 Project, the District shall seek reimbursement from the. State of Washington funding under the- DOE Agreement or from the District's maxim rrn comuibmi.on of $'500,000 tov✓ard the beach 3 Project. The District reimbursement shall be for all actual costs and expenses incurred by ilre District as of January 1, 2013 to review Reach 3 Project design and construction documents and to inspect the Reach 3 Project work. c. for Reach Projects 1, 2 and 4, the District shall seek reimbursement from the District's maximum contribution of S10,500,000 toward Reach Projects 1, 2 and 4, for all actual 5 FC approved (R6-RK) costs and expenses incurred by the District as of January 1, 2013 to review Reach Projects 1, 2 and 4 design and construction documents and to inspect the Reach Project work d. For King County employees providing the services to the District described in subsections b and c above, the actual costs shall include salaries, employment benefits and administrative overhead. 13. Reimbursement of City Expenditures. a. No more than once a month, the City shall submit requests for reimbursement of City costs and expenses incurred on or after January 1, 2013 for design, right-of-way acquisition, construction and inspection of the Reach Projects. The requests shall be in a form and shall contain information and data as is required by the District. b. For the Reach 3 Project, the District shall review the requests to confirm that they are reimbursable and payable under the DOE Agreement and this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request. For reimbursement amounts approved by the District and paid for under the DOE Agreement, the District shall send a request for such reimbursable amounts to the appropriate State department for review and approval, up to a maximum of$7,000,000. Within thirty (30) days of receipt of State funds, the District shall forward the State funds to the City. For requests that are not reimbursable and payable under the DOE Agreement, the District shall endeavor to review such requests within thirty (30) days of receipt of the request, in order to determine whether they are reirnbtrrsable and payable under this Agreement. Any approved additional reimbursement shall not exceed a total of$500,000, less any funds paid to the District under this Section 13, without prior authorization from the District. If there are funds remaining from the DOE grant subsequent to construction, the District shall submit a request to DOE to utilize those funds on Reaches 1, 2, and/or 4. The District shall forward the approved reimbursement to the City within forty-five (45) days of the City request. G. For Reach Projects 1, 2 and 4, the District shall review the requests to determine whether they arc reimbursable and payable under this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request. Any approved reimbursement shall not exceed a total of$10,500,000, less any funds paid to the District under° Section 12.c., without prior authorization from the District, The District shall forward the approved reimbursement to the City within forty-five (45) days of receipt of the City request. d. The District may postpone review of a City request for reiiriburscmeni where all or any part of the request is inaccurate or incomplete. The District shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall provide the requested information or data within thirty (30) days of the request for such 6 EC approved (R6-RK) information or data. If the request is still inaccurate or incomplete in the opinion of the District, the dispute shall be resolved in accordance with paragraph 22 below. After resolution of the dispute, the District shall send a request for reimbursement to the appropriate State Department or provide reimbursement as provided in this section 13. 14. Levee Warranty. The City shall warrant the materials, work and function of a Reach Project for five (5) years after the City's acceptance of construction of the Reach Project. 15. Compliance with Laws and Regulations. The City shall be responsible for compliance with all applicable laws and regulations, and obtaining all required permits, approvals and licenses in connection with a Reach Project. 16. Impact on Other Reaches or Segments. The District and the City agree that the improvements to the Levee under this Agreement should not have a detrimental effect on other segments or reaches of the Cneen River levee system. The improvements to the Levee shall be deemed not to have such a detrimental effect where the improvements fully protect the conveyance capacity and storage volume of the floodplain during base flood (100-year flood) conditions, as demonstrated by compliance with King County flood hazard regulations, which are Sections 21 A.24.230 through 21A.24.260 of the King County Code. 17. Duration. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect for thirty(30) years from the effective date. 18. Third Parties. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability to the City, the District and/or King County, granted under state statute, including Chapters 86.12 and 86.15 RC W, or as otherwise granted or provided for by law. 19. Liens and Encumbrances. The City acknowledges and agrees that it will not cause or allow any lien or encumbrance arising from or related to the Levee work authorized by this Agreement to be placed upon the real property interests of King County and the District. if such lien or encumbrance is so placed, King County and the District shall have the right to remove such lien and charge back the costs of such removal to the City. 20. Indemnification. To the maximum extent permitter) by law, the City shall defend, indemnify and hold harmless the District and King County, and all of their officials, employees, principals and agents, from arty and all claims, demands, suits, actions, losses, costs, reasonable attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the design and construction of the improvements to the Levee under this Agreement. As to all other obligations udder this Agreement, to the maximurn extent perrniUcd by law, each Party shall d-efend, indemnify and 7 EC approved (RE-RI<) hold harmless the other Party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties. and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indenmifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the District or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party's obligation hereunder applies only to the extent of the negligence of such Parry or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. This waiver. has been mutually negotiated. 21. Insurance. Each Party recognizes that the other is self-insured and accepts such coverage for liability arising tinder this Agreement. Should any Party choose not to self-insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 22. Dispute Resolution, The Parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements or payments, as provided for in paragraph 13 above, submittal of all relevant information and data to an indep_endent Certified Public Accountant and/or a Construction Claims Consultant, if agreed upon by the Partics, for a non-binding opinion as to the responsibility. b. If the foregoing does not result in resolution and for all other disputes, the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for Icing County, Washington. G. Each Party will be responsible for its own costs and attorney's fees in connection with the dispute resolution provisions of this paragraph 22. O EC approved (PS-RK) 23. Entire Agreement; Amendment. This Agreement, together with its Exhibits A through D, represents a full recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. Should any conflict exist between the terms of this Agreement and the terms of the Exhibits, this Agreement shall control. 24. Binding Nature. The rights and duties contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns. 25. Notices, Communications and Documents. All communications and documents regarding this Agreement shall be sent to the Parties at the addresses listed below unless a Party gives notice of a change of address. 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 address state below or such other addresses as may be hereinafter specified in writing. 26. Authority. "The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. CITE' OF KEN T KTNTG COUNTY FLOOD CONTROL ZONE DISTT- 47T By: ?✓of G= By' c- S t Cooke '' Its y r r Its: Board Chair DATE: % ': DATE: APPROVED AS TO Fv? v1 APPROVED AS,T431':)1Z( ; � . , rr 'Cfly Attorney - ' Legal Counsel 9 ECappioved (RG RK) EXHIBIT A Sheet 1 of 4 Description of Briscoe-Desimone Levee Improvements The Briscoe-Desimone Levee is located along the right bank (easterly side) of the Green River between S. 2W' Street and S. 180th Street, (see Figure 1, Exhibit A Sheet 2 of 4). The Briscoe levee is located along the right bank of the Green River between S. 200«' Street and S. 189" Street within the City of Kent. The Desimone levee is located along the right bank of the Green River between S. 199" Street and S 1801h Street in the City of Tukwila. Together these levee segments are approximately 2.7 miles in length and protect properties within the cities of Kent, Tukwila and Renton. Tilt-up style buildings (manufacturing and industrial) are located adjacent to the entire stretch of levee. Four sections (reaches) of the levee, approximately 4,450 linear feet, don't meet slope and stability requirements and need repair to meet FEMA accreditation requirements. Reach 1 is located between RM 14.47 and 14.63 and totals 1,050 If. Reach 2 is located between RM 15.45 and 15.57 and totals 8501f. Reach 3 is between RM 15.98 and 16.36,totaling 2,350 If and Reach 4 is between RM 16.95 and 17.00 and totals 200 If. Reaches 1, 2 and 3 are on the outside of sharp bends in the river and Reach 4 is just north of the S. 200`h Sheet Bridge. Structural steel sheet pile walls are proposed to be installed at the back of the existing levee slope to act as a secondary levee to reduce flood risk to the cities of Kent, Tukwila and Renton and protect the large number of warehouses,manufacturing facilities and some retail establishments behind these levees. These areas are shown on Figure 2, Reach Location Map (see Exhibit A Sheet 3 of 4). In addition, large stumps and roots will be removed in areas between the four reaches along the levee where they could compromise levee stability and/or are in the construction project area. The walls will provide a minimum of 3 feet of freeboard above the predicted 100-year flood event, (see artist rendering Exhibit A Sheet 4 of 4). This proposal allows for some re-vegetation and habitat restoration work along the river between the ordinary high water line and the trail in areas where the wall is constructed. In areas where walls are installed, bencbes will be constuoted where feasible acid native vegetation will be planted above the ordinary high water line. 10 EC approved (RE!-RI:) r =I r s aI Y f 'I I LILT- Tv .1 .S 180iH ST �y l TUKWIlad ' - J 01 ter, � —_ o S 190t STD' Oui 'I —,_m loll of. �f S IS'4t I a 5 gg (1 aV f � 196th T BMSCOFDESIMOOE LEVEE J c � zi S 217TH 5T�J d , qr z� o � N (I I � F- t- {{ d G /i £NGl J LRft G GfP �T1i N7 i ITY ZS-F KENT FIGURr 1 VICINO-Y HAP oaAy nl So- NET 70 SCALE b -- - a - WSCOF DESII-4ONC LEI/EF APPROVED DATE C.AGoalgrAC -SOn OESIMOF' FIlS�hgA=EF V el,�n. 10/D 'Ejz 1. 0 25 Fe-� Y w o cc 1 Y v �S7 O 07 —J a a o : 1 , k7 < .4. 5 1IIOTH ST SW 43rd tr. ST, TUKWILA f i �./ �_. T - L=EVEE REACH oz , S 190th ST — � vi 1 REACH 2 Of r z <o w o r co 1f. rp J 4 S 196th ST % � _ , CITY OF I(BIT r FTAM t I I r` CKSCMEEMNC 9FPARTMENr s i CITY OF K n e FIGURE CATIO AP tEr1Y �f� _ ®El orNJfN_ G.LF NOT TO 5',VE DESI u .,�...._....�,.�_.� s �;�15c�t r��slriE LEM =:\Oulgn`,O9-ion O-ccneonf 'e'd�15\o�q\iEPA`f'ig�rz2 avy, I:/W/)OL tak OO Pad F —Aill mom ra. t ' 'bbibbb weUi ..,ee .....,_�.. . .! M ; ". _.... m� a ;'.. _ MEE e s offm N-Em ME :a1 MIN s ,.� e... _....,,_ .... ............ , EEEEEE Jm. ,,, KING COUNTY I'm King County courthouse 516 Third Avenue Snale,WA 9S 104 Signature Report King County February 26, 2013 FCD Resolution Proposed No.FCD2013-02.2 Sponsors 1 A RESOLUTION relating to the Briscoe-Desimone levee on the 2 Green River; initiating a comprehensive planning process and 3 providing funding for the Briscoe-Desimone levee project on 4 certain conditions. 5 WHEREAS,public safety is the highest priority for the allocation of King 6 County Flood Control Zone District ("District")funds; and 7 WHEREAS,the District seeks to address urgent flood risk reduction needs 2 throughout King County; and 9 WHEREAS,the Green River valley is home to over 100,000 jobs, contains one 10 of the largest warehouse and distribution complexes in the nation,has an annual payroll 11 of$2.8 billion (one-eighth of the gross domestic product of the state of Washington) and 12 accounts for annual taxable revenue of over$B billion; and 13 WHEPEAS, Policy G-13 of the 2006 King County Flood Hazard Management 1.4 Plan, which has been adopted by the District as its comprehensive plan("District's 15 Comprehensive Plan"), states that 1Zing County and the cities and Towns therein should 16 work cooperat vely to manage Roodplaiu resources; and 17 WHEREAS, Policy 6-9 of the District's Comprehensive Plan states that King IS County's rivers and tributaries and their associated Iloodplains should be managed for 19 multiple, and sometimes competing, uses and objectives; and 1 FCD Resolution 20 WHEREAS,the Briscoe-Desimone levee on the Green River is located between 21 South 180th Street and South 200th Street in the cities of Kent and Tukwila('Briscoe- 22 Desimonc Levee"); and 23 WHEREAS, in 2012 the Washington state legislature awarded to the District a 24 grant of$7 million for the Briscoe-Desimone Levee prgject; and 25 WHEREAS, the District hired an expert third patty("Third-Party Reviewer")to 26 review two alternative designs for the Briscoe-Desimone Levee improvements; and 27 WHEREAS,the Third-Party Reviewer has expertise in analyzing the stability of 28 I-walls and levees, and served on national independent review panels for levee failures in 29 the state of Louisiana following Hurricane Katrina and on review panels for the 30 Sacramento-San Joaquin Delta in California; and 31 WHEREAS, on January 29,2013,the Third-Party Reviewer submitted to the 32 Disn let a report of his analysis and findings, entitled 'Expert Engineering Independent 33 Third-Party Review,Briscoe-Desinone Levee Design, Green River Basin, State of 34 Washington" ("Report"); and 35 WFJE.RFA S, on January 23 and February 7,2013,the Third-Party Reviewer gave 36 a presentation of his analysis and findings to the District executive committee, which 37 considered the presentation,the Report and conunents front the public., including 38 comments by Icing County,the city of Kent, and interested organizations; and 39 W-EREAS; based on the District's Comprehensive Plan,the Report, and 40 repots, information and data prepared by District staff,consultants and contractors,the Board of Supervisors of the District desires to select one of the two alternative designs 2 FC❑ Resolution 42 for the Briscoe-Desimone Levee improvements and to authorize funding for the Briscoe- 43 Desimone levee; now,therefore 44 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING 45 COUNTY FLOOD CONTROL ZONE DISTRICT: 46 SECTION 1. The District will initiate a comprehensive planning process, such 47 as the United States Army Corps of Engineers'System-wide Improvement Framework, 48, after accepting at an executive committee meeting the information provided about the 40 scope,anticipated staff time and estimated costs. Issues to be studied should include, but 50 are not limited to,the following: 51 A. Safely and levee heights; �2 B. Economic objectives; 53 C. Environmental objectives; 54 D. Howard Hanson Dam risk assessment; 55 E. Land use; ,S6 F. Operations and maintenance; and 57 G. FEMA levee accreditation. SS SECTION 2. The District will execute a grant agreement with the state of 55 `Washington for tile, V million grant awa?d for the Briscoe-Desimone levee project as '50 soon as possible. 61 SECTION 3, The District will provide funding for the Briscoe-Desimone r2 levee project designed using setback levees that are retained by walls on the landward FCD Resolution 63 side at the four outside bends of Green River between South 200th and South 180th 64 Streets in the Cities of Kent and Tukwila and incorporating the conditions and 65 responsibilities of this Resolution. 66 SECTION 4. For the Briscoe-Desimone levee project,the District supports the 67 use ofsetback levees that are retained by walls on the landward side. The following 68 conditions must be met: 69 A. The design and installation of the Briscoe Desimone levee project shall be 70 consistent with applicable state and federal regulations and standards, including but not 71 limited to the state Shoreline Management Act,the federal Clean Water Act,and state 72 water quality standards,and shall receive all necessary local,state, and federal permits. 73 B. The top of the setback levee retaining wall shall be consistent with the height 74 of the adjoining levee sections. 75 C. The city of Kent's ("City")responsibilities and conditions in relation to the 76 Briscoe-Desimone levee project are as follows: 77 1. The City, or its engineering consultants, shall submit to the District a 78 plan to provide for resiliency of the landside levee and wall in the event of overtopping. 79 fhe plan should include identification of the areas that are most susceptible to erosion, 80 such as the base walls and valleys on the landside slopes of Briscoe-Desimone Levee at 81 the bends. 82 2. The City shall rcclum and mitigate the potential for erosion. The Ciry, 83 or its engineering consultants, shall identify permanent or temporary strategics to 84 minimize erosion in these locations of potential erosion. FGD Resolution 85 3. If the City uses temporary erosion control measures, such as 86 sandbags,the City must commit to paying for and having on hand the materials and 87 necessary equipment to install the temporary measures in the event of over-topping. 88 4. Where the bases of the walls encroach on private property and the 89 erosion forces are more significant,the City shall obtain any necessary easements for 90 design or construction of or access to the Briscoe-Desimone levee. 91 5. The City shall move the setback wall back from the toe of the existing 92 levee iv the northernmost setback segment near the West Valley Highway,consistent 93 with the alternative of the GEI report prepared for the City and dated 2012. 94 6. Prior to release of District funds for the Briscoe-Desimone levee 95 project, the City shall provide to the District a plan to address potential corrosion of the 96 sheet pile walls.This plan must include options for addressing potential corrosion. 97 7. The City shall enter into an agreement with the Washington State 98 Department of Transportation related to the West Valley Highway and its role as a levee, 99 8. The City shall permit, design,and construct replacement of the trail to 1.00 meet Icing County Parka regional trail standards. 107. . 9. Any contracts between the City and any consultants, cnginecrs, contractors or 102 other design or construction entities (collectively, "contractors") shall include provisions whereby IM the City and its contractors name the King County Flood Control Zone District and King Conniy 104 as additional insureds. All such contracts shall provide insurance coverage to the King County 105 Flood Control Zone District and to Ding County, consistent with Icing County's guidelines and 106 requirements:or insurance for similar contracts. 5 FCD Resolution 107 10. The City and King County shall provide a monthly written report to the 108 Executive Committee on the first day of each month regarding implementation of the Briscoe- 109 Desimone levee project including any regulatory requirements that may impact the budget, 110 schedule, design, construction and/or maintenance. III 11. The City shall cover the costs of any maintenance for the project in excess of 112 the average annual maintenance and repair costs for the Green River($95,000 per mile per year). 113 This amount shall be adjusted for inflation annually. 114 D. King County's responsibilities and conditions,as the District's service provider, in 115 relation to the Briscoe-Desimone levee project are as follows: 116 1. King County shall include inspection of the sheet pile walls for . 117 corrosion in the County's operations and maintenance activities. 118 2. King County shall monitor deformation and erosion of the Briscoe- 119 Desimone Levee riverbank to provide quantitative and scientific information for future 120 projects about how the river is working with its flow regulated by the Howard Hanson 121 Dam.This information will assist the District in preparing public warnings in fire event of 122 a breach in the Howard Hanson Dam, 123 3. King County shall prepare a plan to ensure that materials and 124 equipment for emergency repairs to the Briscoe-Desimone levee are available in as 125 timely a manner as possible. 126 4. hing Couniy and'the City shall provide a monthly written report to the 127 executive committee on the first day of each month regarding implementation of the Briscoe- 128 Desimone levee project including any regulatory requirements that may impact the budget, 129 sohedule, design, construction, and/or maintenance. 5 FCD Resolution 130 5. King County as the District's service provider will provide the 131 District with thnely technical assistance in reviewing plans submitted to the District by 132 the City. 133 SECTION 5. The District shall provide funding for inspections,operations and 134 maintenance on the Briscoe-Desimowe levee.King County,,as the District's service provider, 135 shall inspect,maintain and repair the Briscoe-Dcsimone levee. 136 SECTION The District will ensure that public safety plans are in place, 137 including annual outreach to residents and workers along the Green River,as well as 138 other basins in King County. The District will make these plans a priority in the 139 District's 2014 budget, 140 SECTION 7. The District will encourage all businesses and residents in low- 141 lying areas near rivers,regardless of levee accreditation,to purchase flood insurance. 142 SECTION 8. The conditions along the South 200th Street to South 180th Street South 143 corridor in the cities of Kent and 'Tukwila represent a unique set of circumstances in King 144 County. The approval of the use of flood walls in this location does not set a precedent for their 145 use in other parts of the County or the Green River corridor, nor should this limited use be 146 considered a cl rparture from the District's intent of setting back levees where appropriate. 147 SECTION 9. The District hereby directs District staff to work with King County to 148 develop a funding str-ategy for consideration by the District using bond financing to accelerate 149 higli-priority flood protection projects throughout the county that are not fully funded through 150 pay-as-you-go implementation of the District's capital improvement program, This strategy 151 should consider the,long-term financial stability of die Flood Control District,the ability to 152 commit Flood District revenue to pay necessary debt service over the life of the howl,the 7 FCD Resolution 153 preservation of capacity to provide for ongoing maintenance,and the maintenance of adequate 154 reserves to respond to flood emergencies. 155 FCD Resolution was introduced on and passed as amended by the King County Flood Control District on 2/26/2013, by the following vote: Yes: 8 -Mr. Phillips, Mr. von Reichbauer, Mr. Gossett,Ms. Hague, Ms. Patterson, Mr. Dunn, Mr. McDermott and Mr. Denibowski No: 0 Excused: I -Ms. Lambert ICING COUNTY FLOOD CONTROL ZONE DISTRICT KING CJU WASHINGTON 47 Reagan Dumi,Chair ATTEST: h Acme Noris,Clerk of the District Atfaclnnen"S:None 8 ATTACHMENT A TO EXHIBIT B SUPPLEMENTAL TERMS AND CONDITIONS—RESOLUTION 2012-02.2 1. The top of the setback levee retaining wall shall be consistent with the height of the adjoining levee sections, except as is appropriate for safety of cyclists, pedestrians and others using the trail along the top of the wall. Transitions at the ends of each wall shall provide for trail user safety and for levee erosion resistance from overtopping flows that might be concentrated around the ends of the wall and around the ends of trail user protection measures. 2. The City, or its engineering consultants, shall submit to the District a plan to provide for resiliency of the landside levee and wall in the event of overtopping. The plan shall include identification of the areas that are most susceptible to erosion, and shall propose appropriate protection measures for each of those areas. The City shall submit the plan as a recommendation for consideration and approval by the District in the Levee construction plan review process. 3. The City shall reduce and mitigate the potential for erosion. The City, or its engineering consultants; shall identify permanent or temporary strategies to minimize erosion in locations of potential erosion. The City shall submit these strategies as recommendations for consideration and approval by the District in the Levee construction plan review process. 4. If the City strategy to minimize erosion in the event of overtopping relies upon temporary erosion control measures such as sandbags, the City must commit to paying for and having on hand the materials and equipment, and access to sufficient labor, to install all temporary measures in preparation for overtopping. The City shall prepare a plan that describes the temporary measures, the staging of material and equipment, sources of labor; estimated time for installation, and specific river conditions that will tiggcz installation. This plan must be submitted for consideration and approval by the District in.the T_,evee construction plan review process. The City must also preparc before October 1 eacli year by staging all neeessary materials and equipment specified in the plan. 'Ihc City must fully install all such temporary measures irmnediately upon recognition that the trigger conditions in the approved plan are met. The City must also remove all such temporary measrres within eight weeks after flood conditions subside. The City is fully responsible for all associated costs including but not limed to materials, equipment, and labor. 15 EC approved (RB-RI<) 5. The City shall move the setback wall back from the landward toe of the existing levee in the northernmost setback segment near the West Valley Highway, consistent with the alternate alignment described by GEI Consultants, Inc., in section 8.1.2.5 of its April, 2012 draft FEMA Accreditation Report for the Briscoe-Desimone Levee System. 6. The plan to address potential corrosion of the sheet pile walls shall be submitted for consideration and approval by the District in the Levee construction plan review process. 7. The agreement with the Washington State Department of Transportation shall be approved by the District prior to the release of State or District funds for Reach 1 of the Levee. 8. To assist in implementing the District plan for emergency repairs, the City shall provide project design information and emergency plamring recommendations of observations, physical measurements, tolerances, thresholds, and considerations for the District's inspection and risk-based decision-making as appropriate for emergency plans associated with the Levee design. The City will provide this information to the District by August 1, 2014. 9. The City shall permit, design, and construct replacement of the trail to meet King County Parks regional trail standards. The City shall submit plans to King County Parks for review coincident with District plan review at each design phase. 16 EC approved (RG-RICO EXHIBIT C Levee Inspection,.Maintenance, Operation and 12cpair 1. The Levee shall he maintained and operated consistent with the District's Flood Hazard Management Plan Policy PROJ-6, Flood Protection Facility Design and Maintenance Objectives (or its successor)which states as follows: "[The District] should construct new flood protection facilities and maintain, repair or replace existing flood protection facilities in such a way as to: ® Require minimal maintenance over the long term, Ensure that flood or channel migration risks are not transferred to other sites, © Protect or enhance aquatic, riparian and other critical habitats, and ® Protect or enhance multiple beneficial uses of flood hazard area." 2. Levee maintenance and operation shall be based on a risk-based analysis approach. If a risk-based approach is not acceptable to FEMA, and as a result FEMA fails to issue a CLOMR or LOMR for the Levee, the District shall not be obligated to operate and maintain the Levee. 3. The upper 1/3 of the riverward slope above the OHW]\Q may be mowed and maintained in grass cover, 4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all times, including access by heavy construction equipment and earth-hauling machinery. 5. The landward Levee slope may be mowed and maintained in grass cover. 6. The 15-foot maintenance access and inspection area along the landward Levee toe may be mowed and maintained in grass cover. �. All such mowed areas may alternatively be planted and maintained with native riparian woody vegetation. 2. Upon acceptance of completed Levee construction by the District, the Levee, as constructed to these standards, shall he inspected by the District prior to loaf emergence each spring, at low-flow conditions in the late Susnrner or early Fall, prior to the onset of 17 K approved (M-RI:) fall rains and seasonal high flows; and during and immediately following flood events at Phase III (9,000 cfs) or greater. 9. All structural features of the Levee shall be inspected by the District for deterioration or damage, including the presence of any slope erosion, washouts, slumping, slides, or sloughing, and any conditions noted shall be included in prioritization of District and/or King County maintenance and repair needs, and in performance of maintenance and repair actions at the earliest appropriate opportunity. 10. All vegetation on the levee slopes, benches, or along the lower embankment shall be inspected by the District for erosion of the riverward embanlunent in the root zone, and appropriate corrective action shall be taken where such conditions may be present. 11. The District and/or King County shall perform continuing levee patrols during all Phase III or greater flood events. 12. Damaged or impaired Levee conditions observed by the District during flood patrols shall be evaluated for emergency repair actions. 13. Any emergency repairs performed will be inspected by the District at the next low-water period for evaluation of permanent repair needs or additional measures required to restore the function and integrity of all affected locations. 14. The District and/or King County shall prioritize repairs consistent with the adopted policies of the District's Flood Hazard Management Plan, or its successor. 15. The City shall be responsible for all local drainage inspections and maintenance. The District and King County shall not assume any responsibility for stormwater management activities. 18 C approved (R6-HI<) } RM-14 I � a I J �� � '/ rr•,�,/ i/if� � f�/r/j. �r r/ i k k ilf I u „2 1 rid , 1 / ,r YA 1A � G i0///i fal, �" ,rt➢rt V M1* I REACH 4 '' ri%%///;'� 1 pr y� �I�'�' i�Y�9➢�BY�N;�Ii� I�h�%����"�0 �In }S II i L i LEGEND BRISCOE-DESIMONE LEVEE �°°E'°"O` �.,..eee..,. p,,.,EM,E RIGHT BANK OF THE GREEN RIVER S.180lh ST.TO S.2001h ST. I ♦-ni R R MEE IIOf TO WALE cVweT\x-.nn ixvvin Vq\¢o"wuu.mg.nll iunnw a a M w a JP� w 0 0 U a 4- a % f ti- S 180TH ST �\ SW 43rd ST. 15 TUKWILA rr LEVEE a REACH_ 1 1 S 190th ST ± -i;,,fy ® vi �2 � Q REACH 2 < + �- 0 =QCN = z $ Z 3 } c T-z my -4. a� S 196th ST w > . REACH REACH 4 k CITY OF KENT t ENGINEERING DEPARTMENT CITY OF KENT FIGURE 2 DRAWN scAa Nor TO scAL LOCATION MAP �ggp�g g _._.... BRISCOE DESIMONE LEVEE w.x xixorox APPROVED DATE 10-10-12 G.\Oes�go`;09-3011 DESudONE WALLS SEPA\Il,,12.d 1, 10 10/2012 -.6:00 PM KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: October 1, 2013 SUBJECT: 2014 Washington State Arts Commission Project Support Grant - Accept MOTION: Accept the $3,950 grant from the Washington State Arts Commission, approve the expenditure of funds in the Kent Arts Commission's budget, and authorize the Parks Director to sign all necessary documents related to the grant's acceptance and expenditure. SUMMARY: The Washington State Arts Commission (WSAC) has awarded the Kent Arts Commission a program support grant for 2014. The Kent Arts Commission will use the funding to support the presentation of performances and educational outreach activities by Keola Beamer, Moanalani Beamer, and R. Carlos Nakai (world music and dance), as well as California Guitar Trio and Montreal Guitar Trio (classical and world guitar) as part of the Spotlight Series. EXHIBITS: Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACT: Kent Arts Commission Budget WASHINGTON STATE ARTS COMMISSION Grant Contract Program: Project Support—Level B—Midsize Arts Organizations FY14 Contract No.2014107 THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711 Capitol Way S,Suite 600,PO Box 42675,Olympia,WA 98504-2675 hereinafter referred to as the COMMISSION,and Name: City of Kent Arts Commission Physical 220 4th Avenue,South Address: Kent,Washigton 98032 Mailing 220,4theAyenue,South Address: Kent, ashington 98032 Phone No: 253-856-5050 Web Site: jlktpX://Www.kei)tarts.com Washington State UBI: N/A Federal Employee fD: 91:6001254 DUNS: 20253613 Social Security Number: N/A - hereinafter referred to as the CONTRACTOR. THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS: A. PURPOSE OF CONTRACT This Contract sets out the terms and conditions by which the COMMISSION provides a grant to the CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or program which is related to the conservation and development of artistic resources of the State of Washington.RCW - 43.46 provides the statutory authorization for making the grant. The funding is administered under WAC Title 30. B. DESCRTPTION OF THE ACTIVITY,PROJECT.OR PROGRAM CONTRACTOR shall use fiords provided under this Contract No.2014107 solely for the grant proposal funded through the Project Support for Midsize Arts Organizations for FY14 as described in Attachment A:Scope of Work. C. AMOUNT OF GRANT Total amount provided under this contract: THREE THOUSAND NINE HUNDRED FIFTY AND 00/100 Dollars ($3,950.00) 1. The Commission provides State Funds in the amount of ZERO AND 00/100 Dollars ($0.00)to the CONTRACTOR. 2. The Commission provides Federal Funds in the amount of 'THREE THOUSAND NINE HUNDRED FIFTY AND 00/100 Dollars ($3,950.00)to the CONTRACTOR. Applicable only if Contract includes Federal Funds: Federal Catalog of Domestic Assistance No: 45.025 Federal Grant No: 12-6100-2022 Grant Contract No.2014107 Page 2 of 13 3. CONTRACTOR;agrees to match this grant with cash and/or in-kind resources equal to or greater than the total funds provided by the COMMISSION. 4. Payments will be made in accordance with the payment schedule set forth in Attachment B. D. CONTRACT PERIOD Funds are awarded for the period beginning August 15,2013 to June 30,2014. The CONTRACTOR must expend all funds by the ending date of this contract. The CONTRACTOR shall notify the COMMISSION immediately in writing if any portion of the funds will not be expended by the end of the fiscal year. E. CONTRACT REPRESENTATIVES The following shall be the contact persons for all communications and billings regarding the performance of this '.. Contract. Either party shall provide written notification to the other of changes in contract representation. CONTRACTOR's Contract Representative: COMMISSION's Contract Representative '.. Name Ronda Billerbeck Name Christel Ratliff and Title: Cultural Programs Manager and Title: Program Coordinator Org. City.ofKentAr.ts_Co.=ission Org: Washington State Arts Commission- Name: Name: Grants to Organizations 220 4th Avenue.South Address: Address: PO Box 42675 I{ent,Washington, 98.032. Olympia,WA 98504-2675 Phone: 253-856-5050 Phone: (360)586-0026 .................... E-Mail: rbillerbeck kentwa. ov E-Mail: christel.ratliff,,aarts.wa. ov F. LIMITATION OF AUTHORITY The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only the COMMISSION's Agent shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this contract.The Agent may delegate this authority,but such delegation is effective only if in writing. See General Terms and Conditions for Contract Amendment or Modification procedures. G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the following,which by this reference,are made a part of this Contract: Attachment A: Scope of Work and Reporting Requirements AttachmentB: Payment Schedule Attachment C: General Terms and Conditions AttachmentD: llrvoice Voucher Attachment E: National Endowment for the Arts General Terms and Conditions for federal Funding Grant Contract No.2014107 Page 3 of 13 H. INSURANCE Automobile Liability:In the event that services delivered pursuant to this contract involve the use of vehicles,either owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the automobile to provide automobile liability insurance. The minimum limit for automobile liability is:$100,000/$300,000 bodily injury and$100,000 property damage. I. ENTIRE CONTRACT This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No other understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties. J. FINAL REPORT 1 The CONTRACTOR shall provide a Final Report to the COMMISSION within 30 days following the Contract Period ending date.All Filial Report materials must be submitted through the COMMISSION's Grants Online System at httpJ/wsac.cultureg7ants.org. i THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract. City of Ke Arts Commis on WASHINGTON STATE ARTS COMMISSION (signature ofpariy authoriz d to. for CONTRACTOR) Kris Tucker,Executive Director L I-I-,. Date: (printed name of signatory) 7 (printed title ofsignatory) i I Date: APPROVED AS TO FORM: (Signature of Kathryn Wyatt,Assistant Attorney General,State of Washington,July 11, 2013 on file in fiscal office) i i I j I i Grant Contract No.2014107 Page 4 of 13 I I GRANT CONTRACT-ATTACHMENT"A" Scope of Work and Reporting Requirements Program: Project Support—Level B—Midsize Arts Organizations FYI Contract No.2014107 CONTRACTOR:City of Kent Arts Commission The.CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Project Support assistance with: Kent Arts Commission will present two performances with educational outreach as part of the 2013-2014 Spotlight Series.Keola Beamer and company will present Malama Ko Aloha,an evening of Hawaiian music and culture,as well as slack key guitar and hula workshops.California Guitar Trio Montreal Guitar Trio will present a concert of world and classical guitar music and two school activities. Event Announcement and Documentation: The CONTRACTOR must provide to the Grants to Organizations office of the COMMISSION, any public announcement,press release,or other direct mail or electronic mail announcement of the event(s)funded under this contract.The CONTRACTOR will mail such public announcements to:. Grants to Organizations Washington State Arts Commission PO Box 42675 Olympia,WA 98504-2675. Final Report Obligations: Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to Organizations,30 days following the contract ending date;this is a contractual obligation for the grant. The completed form must be received by the Washington State Arts Commission(ArtsWA),Grants to Organizations, 5:00 P.Al.,August 1,2014.Final Report Materials must be submitted through the COMMISSION's Grants Online System bttp://wsac.culturegrants.org. Final Report Penalty: Grant recipients that do not submit Final Reports by the August 1,2014 deadline will have a 10%penalty deducted from any future grant from Grants to Organizations. Contacting Legislators: The Washington State Arts Commission's grant programs are made possible by appropriations from the State of Washington and the National Endowment for the Arts. It is important that legislators hear about the public benefit provided by ArtsWA's grant funds. For this reason,grant recipients are required to submit a copy of at least one letter to a state senator or state representative as part of their Final Report, if you are not sure who these elected officials are,or need their contact information,go to http://ai)p.leg.,Aa.gov/districtfilider. Logo Credit: 0. AD WA � NATIONAL WASHINGTON STATE EN 00 W M ENT ARTS COMMISSION MR THE ARTS Recipients of grants and programs are asked to credit ArtsWA in promotional communications about the grant.The ArtsWA logo maybe downloaded from the website:www.arts.wa.gov. Tf your grant includes federal funding(which would be stated on page 1 of your contract),you are also obligated to credit the National Endowment for the Arts (NEA)in the same manner as ArtsWA.NEA logos are downloadable at wtivw.arts.gov. Grant Contract No.2014107 Page 5of13 Attachment ��� GRANT CONTRACT-ATTACHMENT`B" II� Payment Schedule Program: Project Support—LevelB—Midsize Arts OrganizationsFY14 Contract No.2014107 CONTRACTOR: City of Kent Arts Commission The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration of section (2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the following terms and conditions: 1. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section D of the CONTRACT; 2. Payments will be made after the expenses for which COMMISSION funds were committed have been incurred; 3. All requests for payment shall be on the form of voucher set forth in Attachment D. 4. You have the option of obtaining your grant payments via direct deposit through the Department of Enterprise Services.The necessary forms are downloadable from www.arts.wa.zov/grants/grants- resources. 5. The COMMISSION will make payment to the CONTRACTOR within 30 business days of receipt of a properly completed invoice,which shall include documentation of authorized expenses. 6. The schedule for payment is as follows: Month/Year Amount 8/1/2013 $3,950.00 or upon project completion TOTAL AWARD $3,950.00 '... Grant Contract No.2014107 Page 6 of 13 Attachment B GRANT CONTRACT-ATTACHMENT"C" General Terms and Conditions Program: Project Support—LevelB—Midsize Arts OrganizationsFY14 Contract No.2014107 CONTRACTOR: City of Kent Arts Commission TABLE OF CONTENTS This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract. A. HEADINGS AND DEFINITIONS.........................................:...................................2 !.!. B. GENERAL CONTRACT TERMS Amendments or Modifications ....................................................................................2 Conformancewith Law................................................................................................2 Orderof Precedence......................................................................................__..........2 Severability..................................................................................................................2 Waiver of Default or Breach.......................................................................................2 C. PERFORMANCE AND GENERAL RESPONSIBILITIES Covenant Against Contingent Fees..............................................................................2 Indemnification.............................:..........................................:.........__......................3 Independent Capacity of Contractor......................_........,.........................................3 Nonassignability................ .............................3 ............................................................. Publicity/Acknowledgements.........................................................___.......................3 Reproduction...............................................................................................................3 Services within Washington........................................................................................3 D. COMPLIANCE WITH LAWS RECORDKEEPNG AND INSPECTIONS Americans with Disabilities Act..................................................................................3 Compliance with Applicable Law................................................................................3 Conflictof Interest.................................._...................................................................4 HazardousSubstances.......—.......................................................................................4 NondiscriminationLaws.........................................................................__.................4 Public Disclosure/Confidentiality................................................................................4 Records,Documents,and Reports...............................................................................4 Registration with Department of Revenue...................................................................5 Rightof Inspection......................................................................................................5 E. FUNDING REIMBURSEMENT AND BUDGET Advance Payments Prohibited.....................................................................................5 Fundsnot Supplanting.................................................................................................5 Taxes.......................................—.................................................................................5 Traveland Per Diem....................................................................................................5 F. TERMINATION AND DISPUTES Disputes.........,. ...5 ......................................................................................................... GoverningLaw and Venue..........................................................................................5 Savings .......................................................................................................................5 Termination for Convenience..............................__....................................................6 Termination or Suspension for Cause..........................................................................6 - G. ADDITIONAL FEDERAL FUNDING REQUIREMENTS Application..................................................................................................................6 Publicity/Acknowledgements —..................................................................................6 NEA General Terms and Conditions...........................................................................6 Grant Contract No.2014107 Page 7 of 13 Attachment C A. HEADINGS AND DEFINITIONS DEFINITIONS-As used throughout this Contract,the following terms shall have the meaning set forth below: "COMMISSION"shall mean the Washington State Arts Commission,any division,section,office,unit or other entity of the Commission,or any of the officers or other officials lawfully representing that Commission. "AGENT"shall mean the Executive Director,Washington State Arts Commission,and/or the delegate authorized in writing to act on his/her behalf. "CONTRACTOR" shall mean that firm,provider,organization,individual or other entity that has been awarded a grant of funds under this Contract,and shall include all employees of the CONTRACTOR. ',.. "NF.A"shall mean the National Endowment for the Arts. "SUBCONTRACTOR"shall mean one not in the employment of the CONTRACTOR,who is performing all or part of those services under this Contract under a separate contract with the CONTRACTOR. The terms ',...... "Subcontractor"and"Subcontractors"mean Subcontractor(s)in any tier. HEADINGS-Headings used in this Contract are for reference purposes only and shall not be considered a substantive part of this Contract. B. GENERAL CONTRACT TERMS AMENDMENTS OR MODIFICATION-This Contract may be amended or modified only by mutual consent of the COMMISSION and CONTRACTOR. To be effective,any amendment or modification must be in writing,signed by all parties,and attached hereto. No oral understanding or agreement binds the parties. CONFORMANCE-If any provision of this contract violates any statute or rule of law of the State of Washington,it is considered modified to conform to that statute or rule of law. ORDER OF PRECEDENCE—The items listed below are incorporated herein by reference. In the event of an inconsistency in this Contract,the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and Washington State statutes and regulations including applicable Federal and State Executive Orders. 2. Special Terms and Conditions of this Contract,including a. Scope of Work and Reporting Requirements b. Modifications to the General Terms and Conditions 3. General Terms and Conditions 4. NEA General Terms and Conditions if Federal funds are committed by this Contract. 5. All other attachments or material incorporated by reference. SEVERABILITY-If any provision of this Contract or any provision of any document incorporated by reference is held invalid,such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision,and to this end the provisions of this Contract are declared to be severable. WAIVER OF DEFAULT OR BREACH--Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.Waiver of any default or breach shall not be construed to be a modification of the terms of the Contract. C. PERFORMANCE AND GENERAL RESPONSH3ILITIES COVENANT AGAINST CONTINGENT FEES-The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage,brokerage or contingent fee,excepting bona fide employees or a bona fide established agent maintained by the CONTRACTOR for the purpose of securing business. The COMMISSION shall have the right,in the event of breach of this clause by the CONTRACTOR,to annul this Contract without liability,or,in its discretion,to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage,brokerage or contingent fee. Grant Contract No.2014107 Page 8 of 13 Attachment C INDEMNIFICATION—To the fullest extent permitted bylaw,the CONTRACTOR shall indemnify defend,and hold harmless the State of Washington,including the COMMISSION and all officials,agents,employees of the State from and against any liability,damages, claims,suits and/or expenses arising out of or resulting from performance of this Contract,including,but not limited to,injury to persons or property,failure to follow applicable law,acts that are libelous or slanderous,and the violation or infringement of any copyright,patent,trademark,trade name or unfair trade practice law. The CONTRACTOR's obligation to indemnify,defend,and hold harmless includes any claim by the CONTRACTOR's agents, employees,representatives,or any subcontractor or its employees.The CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the extent claim is caused in whole or in part by negligent acts or omissions of the CONTRACTOR. INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship. The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the COMMISSION or the State of Washington.The CONTRACTOR and its employees or agents will not hold themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by reason of this Contract and will not make any claim,demand,or application to or for any right or privilege which would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise supervise the manner in which this Contract is performed. NONASSIGNABTLTTY—The CONTRACTOR shall not assign this Contract,any rights or obligations under this Contract,or any claim arising under this Contract without prior written consent of the COMMISSION. PUBLICITY/ACI{NOWLEDGEMENTS—The CONTRACTOR shall acknowledge the COMMISSION in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from this Contract, as follows:"This program is supported,in part,by a grant from ArtsWA(the Washington State Arts Commission)." REPRODUCTION-The CONTRACTOR relinquishes to the State and its assigns royalty-free,irrevocable,non- exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials that result from this Contract,provided that such use or reproduction shall be only for government purposes.Data shall include,but is not limited to,reports,documents,pamphlets,other printed matter,photographs,and sound recordings.Government purposes shall include,but are not limited to,(1)internal documents such as memoranda and(2)public releases such as advertising,brochures,media publicity and catalogs or other similar publications, social media or other electronic communications,provided that the author or artist is credited.All reproductions of copyrightable material by the State in public releases shall contain a credit to the author or artist where applicable. SERVICES WITHIN WASHINGTON-The CONTRACTOR agrees that no funds under this Contract will be used for activities or services outside the State of Washington,without prior authorization of the COMMISSION. - D. COMPLIANCE«'ITH LAWS RECORDKEEPING,AND INSPECTION ANIERTCANS W11II➢ISABTLITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,also referred to as the "ADA"28 CRF Part 35.—The CONTRACTOR must comply with the ADA,which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment,public accommodation,state and local government services,and telecommunications. COMPLIANCE WITH APPLICABLE LAW.The CONTRACTOR shall comply with all applicable and current federal,state,and local laws,regulations,and policies,including all applicable local,state,and federal licensing, accreditation and registration requirements/standards necessary for the performance of this Contract. In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy,the COMMISSION may rescind,cancel or terminate this Contract for cause in whole or in part. The COMMISSION also may declare the CONTRACTOR ineligible for further grant awards from the COMMISSIONT. CONFLICT OF INTEREST. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMISSION may,by written notice to the CONTRACTOR,terminate this Contract if it is found after due notice and examination by the COMMISSION that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW,or any similar statute involving the CONTRACTOR in the procurement of,or performance under,this Contract._ Grant Contract No.2014107 Page 9 of 13 Anachment C In the event this Contract is terminated as provided above,the COMMISSION shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR. The rights and remedies of the CO.VIMISSION provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this Contract. HAZARDOUS SUBSTANCES. The CONTRACTOR wrill defend,protect and hold harmless COMMISSION and any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances as defined by state and federal law on the property covered by the project. NOATDISCRIMINATION LAWS—During the performance of this Contract,the CONTRACTOR shall comply with all federal and state nondiscrimination laws,regulations,or policies.If the CONTRACTOR does not comply or refuses to comply with nondiscrimination laws,regulations or policies,the COMMISSION may rescind,cancel,or terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts with the COMMISSION. The CONTRACTOR shall be given a reasonable time in which to cure noncompliance. Any dispute may be resolved in accordance with the"Disputes"provision in this Contract. PUBLIC DISCLOSURE/CONFIDEN'TIALiTY—CONTRACTOR acknowledges that the COMM1SS10N is subject to Chapter 42,17 RCW,the Public Disclosure Act and that this Contract shall be a public record as defined in RCW 42.17.250 through 42,17.340. Any specific information that is claimed by the CONTRACTOR to be confidential or proprietary must be clearly identified as such by the CONTRACTOR. To the extent consistent with Chapter 42.17 RCW,the COMMISSION shall maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view the CONTRACTOR's information,the COMMISSION will notify the CONTRACTOR of the request and the date that such records will be released to the requester unless CONTRACTOR obtains a court order enjoining that disclosure. If the CONTRACTOR fails to obtain the court order enjoining disclosure,the COMMISSION will release the request information on the date specified, RECORDS DOCUMENTS,AND REPORTS—The CONTRACTOR shall maintain complete financial records, including all accounts,books,records,documents,invoices and other evidence,that sufficiently and properly reflect all direct and indirect costs of any nature expenses incurred and revenues acquired under this Contract. The records must clearly show that matching expenditures,if required,are not less than the amount granted in the approved application and this Contract. The system of accounting employed by the CONTRACTOR shall be in accordance with generally accepted accounting principles,and will be applied in a consistent manner so that the project finances can be clearly identified. These records shall be subject at all reasonable times to inspection,review,or audit by personnel duly authorized by the COMMISSION,the Office of the State Auditor,and Federal officials so authorized by law,rule,regulation,or contract. The CONTRACTOR will retain all books,records, documents,and other materials relevant to this ''.... Contract for six years after termination or expiration of the Contract,and make them available for inspection by '...... persons authorized under this provision. 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. REGISTRATION WITH THE DEPARTMENT OF REVENUE-The CONTRACTOR shall complete registration, if required by law,with the Washington State Department of Revenue,P.O.Box 47450,Olympia,WA 9 8 5 04-7450, http://dor.wa.gov. Tile CONTRACTOR shall be responsible for payment of all taxes due on payments made under this Contract. RIGHT OF INSPECTION—The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the COMMISSION pertinent to the intent of this Contract,including right of entry for periodic site inspections.The CONTRACTOR shall provide right of access to the facilities and/or site of the activity,project,or program to the COMMISSION,or to any of its officers,or to any other authorized agent or official of the State of Washington or the Federal government at all reasonable times,in order to monitor and evaluate performance,compliance,and/or quality assurance under this Contract. Grant Contract No.2014107 Page 10 of 13 Attachment C E. FUNDING REIMBURSEMENT AND BUDGET ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the COMMISSION. TAXES—All payments accrued on account of payroll taxes,unemployment contributions,any other taxes,insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR. TRAVEL AND PER DIEM-In the event the Contract expressly provides for the CONTRACTOR to be reimbursed for out-of-pocket expenses,the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage and per diem in effect at the time these expenses are incurred. The CONINUSSION reserves the right to audit documents supporting billings made for out-of-pocket expenses. F. TERMINATION AND DISPUTES DISPUTES.Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot be resolved by direct negotiation,either party may request a dispute hearing of the other according to the process set out in this section. Either parry's request for dispute hearing must be in writing and clearly state: 1. The disputed issue(s); 2. The relative positions of the parties; 3. The CONTRACTOR's name,address and project title. The requesting party shall mail the request for hearing to the other party within 5 working days after the parties agree that they cannot resolve the dispute.Within 5 working days of receipt of the request,the receiving party shall respond by either accepting or refusing the request for dispute resolution. _ If both parties agree to a dispute hearing,the dispute shall be heard by a panel of three persons consisting of one person selected by the CONTRACTOR,one person selected by the COMMISSION,and a third person chosen by the two persons initially appointed.Any hearing under this section shall be informal,with the specific processes to be determined by the panel according to the nature and complexity of the issues involved. The process maybe solely based upon written material if the parties so agree. Provisions of this Contract shall govern the panel in deciding the disputes.The parties shall equally share all cost associated with implementation of this process. The decision of the panel shall not be admissible in any succeeding judicial or quasi-judicial proceeding '.. concerning the Contract. The parties agree that these dispute resolution proceedings shall precede any action in a judicial or quasi-judicial tribunal,Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternative dispute resolution method in addition to the dispute resolution procedure outlined above. GOVERNING LAW AND VENUE—Washington law shall govern this Contract. In the event of a lawsuit involving this Contract,venue shall be proper in Thurston County. - SAVINGS If any State,Federal,private,or other funding source withdraws,reduces,or limits in any way the funds appropriated for the work under this Contract prior to normal termination of the Contract,the COMMISSION may terminate the Contract without advance notice. At the COMM7SSION's discretion,the parties may renegotiate the Contract under those new funding limitations and conditions.If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. '.... TERMINATION FOR CONVENIENCE-Either party may terminate this Contract upon 15 days'prior written notification to the other party. If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION OR SUSPENSION FOR CAUSE—in the event the COMMISSION determines the CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner,the COMMISSION has the right to suspend or terminate the Contract. Before suspending or terminating the Contract,the COMMISSTON shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action '.. is not taken within fifteen(15)days of receiving notice,the COMMISSION may terminate or suspend the Contract. Grant Contract No.2014107 - Page 11 of 13 Attachment C If the Contract is terminated for cause,the COMNIISSTON reserves the right to require the CONTRACTOR to repay all or any portion of funds paid to the CONTRACTOR prior to termination.The CONTRACTOR shall make repayment within thirty(30)days of the demand. If the CONLMISSION is required to institute legal proceedings to enforce this repayment provision,the COMMISSION shall be entitled to its costs,including reasonable attorneys' fees.However,repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy available to the COMMISSION shall be deemed exclusive. The COMMISSION may elect to exercise any single, any combination,or all of the remedies available to it under this Contract,or under any provision of law,common law,or equity. G. ADDITIONAL TERMS AND CONDITTONS IF GRANT INCLUDES FEDERAL FUNDS. APPLICATION—If federal funds are committed by this Contract,the CONTRACTOR shall abide by the following conditions. PUBLTCTTY/ACKNOWLEDGEMENTS—The PUBLICTTY/ACKNOWLEDGEMENT provision elsewhere in this Contract is hereby amended as follows: "The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from this Contract,as follows:"This program is supported,in part,by a grant from the Washington State Arts Commission(now also known as"ArtsWA")and the National Endowment for the Arts." Additionally,all printed materials shall display the NEA logo as per NEA General Terms and Conditions, Attachment E. NEA GENERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements(Federal Laws,rules, regulations and OMB Circulars)enumerated in the NEA General Terms and Conditions apply to the CONTRACTOR.As a subgrant recipient,the CONTRACTOR shall abide by the NEA General Terms and Conditions not inconsistent with the Special and General Terms and Conditions of this Contract. Grant Contract No.2014107 Page 12 of 13 Attachment C i Washinaton State Arts Commission CONTRACT-ATTACHMENT E National Endowment for the Arts (NEA) Federal Subgranting Requirements Updated July 2013 This grant includes federal funds from the National Endowment for the Arts. Signing and returning your grant contract confirms your compliance with all pertinent federal requirements, regulations and laws, including the following: A. Project Costs supported by the NEA—There may be no overlapping project costs between two or more Federal awards. This grant may not be used to match a direct grant from the NEA (or vice versa). B. Uniform Administrative Requirements—establishes administrative standards to ensure consistency among recipients of Federal awards. OMB CircularA-110 applies to grantees that are non-profit organizations, colleges, and universities; 45 Code of Federal Regulations Part 1157 applies to grantees that are units of state and local governments and federally recognized Indian Tribal governments. C. Cost Principles—establishes allowability of costs for work performed under an Arts Endowment award. OMB CircularA-122 applies to grantees that are non-profit organizations other than institutions of higher education; OMB CircularA-21 applies to public and private institutions of higher education; OMB Circular-87 applies to local governments and federally recognized Indian tribal governments D. Title VI of the Civil Rights Act of 1964 as amended, provides that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Title VI also extends protection to persons with limited English- language proficiency. E. Title IX of the Education Amendments of 1972 provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance F. Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. G. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled individual in the United States, shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. Under this regulation, a federally funded arts program when viewed in its entirety must be accessible to all persons. The National Endowment for the Arts issued its regulations in 1979 (amended 2003) to enforce the existing law (45 CFR 1151). You must have a Section 504 self-evaluation on file at your organization. Additional information, including The Arts and Humanities Accessibility Checklist, is available online at http://www.arts.gov/resources/Accessibility , H. Americans with Disabilities Act(ADA) of 1990, as amended, prohibits discrimination on the basis of disability in employment (Title 1), State and Local Government Services (Title 11), and places of public accommodation and commercial facilities (Title 111). I. Labor Assurance—you must comply with the labor standards set out in 29 CFR Part 505. You provide this assurance by signing and returning your grant invoice(s)to ArtsWA. J. Federal Debt Status (OMB CircularA-129) —you may not be delinquent in the repayment of any federal debt. K. Debarment and Suspension (NEA regulations implementing Executive Orders 12549 and 12689 in Title 2 CFR, Chapter 32, Part 3254) if the NEA receives information regarding a grantee's fitness to administer federal funds such as fraud or theft, lack of business integrity, or any other cause of so serious or compelling a nature that it affects an organization's present responsibility, they may suspend funds and debar the grantee from future federal funding for a period of up to three years. Signing this grant contract also confirms that you are presently fit to administer the terms of the grant, with no evidence to the contrary or any previous cause for debarment or suspension. L. The National Historic Preservation Act of 1966 applies to any Federal funds that would support either the planning or major renovation of any structure eligible for or on the National Register of Historic Places, in accordance with Section 106. M. The National Environmental Policy Act of 1969 applies to any Federal funds that would support an activity that may have environmental implications (e.g., outdoor murals, outdoor festivals, outdoor sculptures, etc.). N. Prohibition Against Lobbying: 0148 CircularA-122/Section 319 of Public Law 101-121, codified at 31 U.S.C. Sec. 1352145 CFR Part 1158: grantees must adhere to the prohibition against lobbying within a federally supported grant project which states that no federal appropriated funds have been paid or will be paid by or on behalf of the grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into any federal grant or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. O. Native American Graves Protection and Repatriation Act of 1990 applies to any organization which controls or possesses Native American human remains and associated funerary objects, and which receives Federal funding, even for a purpose unrelated to the Act. Additional information about the above federal requirements are available on the NEA website http:/twww.nea.govfmanageaward/GTC.pdf. In addition, the NEA requires that vou: • Provide ArtsWA with a final report. ArtsWA reserves the right to request additional information or reports necessary for us to fulfill all applicable Federal reporting requirements. • Use U.S. air carriers for foreign travel consistent with the Fly America Act. • Maintain financial records and supporting documents pertinent to the award for three years following submission of your final report. During the project period and the subsequent three- year retention period, ArtsWA reserves the right to request timely and unrestricted access to project records. • Make your best effort to purchase American-made equipment and products, consistent with the Buy American Act. KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: October 1, 2013 SUBJECT: New Connections Lease Agreement — Authorize MOTION: Authorize the Mayor to sign a five year Lease Agreement with New Connections to rent the city-owned building located at 422 West Titus Street, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: New Connections, a nonprofit agency serving Kent residents, has been a tenant in the City-owned building located at 412 West Titus Street since June, 2003. The condition of the current location is no longer adequate to run the tenant's programs, therefore, the tenant will be moving to the City-owned building located next door at 422 W. Titus. In consideration of this five year agreement, New Connections will pay all costs associated with or arising out of the maintenance, operation, and agreed upon tenant improvements (Exhibit B) of the leased premises in lieu of paying rent. New Connections will also pay monthly leasehold excise tax in the amount of $267.30 based on an estimated fair market rental value of $2,349 per month. Through an agreement and funding received by DSHS and its Career Path Services Program, New Connections provides work and office skills training to 6-12 individuals annually. Through this training, New Connections gained valuable (no-cost) employees, which allowed New Connections to provide extremely low cost assistance to the community. EXHIBITS: Lease Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Facilities Lease Budget LEASE AGREEMENT BETWEEN THE CITY OF KENT AND NEW CONNECTIOtN'S THIS LEASE AGREEMENT ("Lease') is entered into by and between the CITY OF KENT, a municipal corporation of the State of Washington („City"), and New Connections, a Washington non-profit corporation ('Tenant"). The City and Tenant agree as follows: AGREEMENT 1. PREMISES.. 1,1 Premises Refined, The City leases to Tenant and Tenant leases from the City the real property described in Exhibit A, which is attached to this Lease and incorporated by this reference,, and buildings located at 422 West Titus Street, Kent, Washington (collectively the "Premises" or "Leased Premises"), The City will use the parking lot on the Premises for parking of City vehicles and employee parking. 1.2 Survey, Maps, and Plans. Tenant is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City. 13 Inspection. The City makes no representation regarding the condition of the Premises. Tenant is currently in possession of the Premises under a prior lease agreement. Tenant shall be deemed to have accepted possession of the Premises in "as-is condition,' 2. TERM. 2,1 Term Refined. The term of this Lease shall commence on October 1, 2013 ("Commencement Rate"), and shall terminate on September 30, 2018, (the "Termination Rate"), unless terminated sooner under the terms of this Lease. 2.2 Right to Terminate Early Without Cause. City and/or Tenant shall have the right to terminate this Lease at any time during the Term upon ninety (90) days' prior written notice of termination to the other party. LEASE AGREEMENT - 1 (October 2013) (Between City of Kent and New Connections) 2.3 End of Term. Upon the expiration or termination of the Term, as applicable, Tenant shall surrender the Premises to the City in the same or better condition as on the Commencement Date, reasonable wear and tear excepted. Non-permanent appliances, personal property, and trade fixtures belonging to Tenant or Tenant's Residents shall be removed by the Tenant at the end of the Term. Any of the aforementioned items remaining at the end of the Term shall be moved off of the Premises by the City at the Tenant's expense. 2.4 Hold Over. If Tenant remains in possession of the Premises after the Termination Date, the occupancy shall not be an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party with thirty (30) days' written notice. The monthly rent during the holdover shall be the same rent that would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms, If the City provides a notice to vacate the Premises in anticipation of the termination of this Lease or at any time after the Termination Date and Tenant fails to do so within the time set forth in the notice, then Tenant shall be a trespasser and shall owe the City all amounts due under applicable law, 3. LEASE PAYMENT. 3.1 Monthly Payment. During the Term hereof, Tenant may occupy the leased premises rent free; in consideration of which Tenant shall: a. pay leasehold tax at a rate established by the State of Washington, currently 12.84%, in the amount required by law if Tenant were to pay the monthly rental market rate of $2,349.00; b, make all improvements at Tenant's sole expense, as outlined in Exhibit 8; subject to a final inspection and the approval of the Kent Building Code Inspector and the Facilities Superintendent of the Kent Parks, Recreation and Community Services Department; and C, pay all costs associated with or arising out of the use, maintenance, and operation of the Leased Premises, 4. OTHER EXPENSES. LEASE AGREEMENT - 2 (October 2013) (Between City of Kent and New Connections) During the Term, Tenant shall pay the following additional expenses:. 4.1 Utilities. Tenant shall pay all fees charged for utilities in connection with the use and occupancy of the premises, including but not limited to electricity, water, sewer, garbage, gas, and telephone service in a timely manner and prior to delinquency, 4.2 Proof of Payment. Tenant shall, if required by the City, furnish to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 4.3 Failure to Pay. If Tenant fails to pay any of the amounts due under this Lease, the City may pay the amount due, and recover its cost from the Tenant.. Tenant shall pay City said amounts due within thirty (30) days of written notice from the City. If the City pays or advances any amounts for or on behalf of Tenant, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials, costs of removal and disposal of improvements pursuant to Section Fa below, or other amounts not paid when due, Tenant shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date the City notifies Tenant of the payment or advance. S. USE. 5.1 Permitted Use. Tenant shall use the Leased Premises to provide temporary single-family dwellings for homeless families with children under fourteen years of age („Residents") and for no other purpose without first obtaining the City's prior written consent. 5.2 Restrictions on Use. Tenant shall not cause or permit any damage to natural resources on the Premises, Tenant covenants and agrees that Hazardous Substances, as defined in Section 5,5, will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Premises, except in accordance with all applicable laws, Tenant shall also not cause or permit any filling activity to occur on the Premises, This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Premises. Tenant shall neither commit nor allow waste to be committed to or on the Premises. If LEASE AGREEMENT - 3 (October 2013) (Between City of Kent and New Connections) Tenant fails to comply with all or any of the restrictions on the use of the Premises set out in this Subsection 5,2, the City shall notify Tenant and provide Tenant a reasonable time to take all steps necessary to remedy the failure. If Tenant fails to do so in a timely manner, then the City may take any steps reasonably necessary to remedy this failure, Upon demand by the City, Tenant shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Premises. The covenants contained in Section 5.2 shall survive expiration or termination of this Lease. 5.3 Conformance with Laws. Tenant shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Premises. 5.4 Liens and Encumbrances. Tenant shall keep the Premises free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Premises, Should a lien be recorded against the Premises arising from actions by the Tenant, Tenant shall have thirty days after written notice by City to remove the lien, 5.5 Definition — Hazardous Substance. "Hazardous Substance" means any substance that now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 19€ 0, 42 U.S.C. 9601 and Washington's Model Toxics Control Act, RCW 70.105D.010. 5.6 Miscellaneous. Tenant shall maintain smoke detection devices and carbon monoxide detectors in accordance with the manufacturer's recommendations, including the replacement of batteries as required for the proper operation of the smoke detection device and carbon monoxide detectors, Tenant shall properly dispose of all rubbish, garbage, and other organic or flammable waste in a clean and sanitary manner at reasonable and regular intervals, and Tenant shall assume all costs of extermination and fumigation for infestation caused by Tenant.. 6. IMPROVEMENTS. LEASE AGREEMENT - 4 (October 2013) (Between City of Kent and New Connections) 6.1 Tenant-Owned Improvements, Tenant shall be responsible for all of Tenant's improvements to the Premises. So long as this Lease remains in effect, Tenant shall retain ownership of all authorized Tenant improvements and trade fixtures it may place on the Premises (collectively "Tenant-Owned Improvements"), Tenant-Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Premises by the City or any Unauthorized Improvements as defined in Subsection 6.4 below. No Tenant-Owned Improvements shall be placed on the Premises without the Cty's prior written consent. 6.2 Construction. Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether City-Owned or Tenant- Owned), Tenant shall submit to the City its plans that describe the proposed activity. The City shall have fifteen (15) days in which to review the proposed plans. The plans shall be deemed approved and the requirement for the City`s written consent shall be treated as waived, unless the City notifies Tenant otherwise within the fifteen (15) days. The City`s consent and approval shall not be required for any routine maintenance or repair of improvements made by the Tenant pursuant to its obligation to maintain the Premises in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Premises. Any improvements shall be done in conformity with the Uniform Building Code and City of Kent regulations. All work performed shall be done in a workmanlike manner. The provisions of this section do not apply to obviate any permit requirements that may apply to the proposed activity. 6.3 Removal. Tenant-Owned Improvements shall be removed by Tenant by the Termination Date, so long as such removal does not damage the Premises and the Premises is restored to its original condition or better. If the Tenant- Owned Improvements remain on the Premises after the Termination Date, they shall become the property of the City without payment by the City. Any Tenant- Owned Improvements remaining on the Premises at the end of the term that the City deems need to be removed shall be removed by the City at the Tenant's expense, 6,4 Unauthorized Improvements, Improvements made on the Premises without the City's prior consent pursuant to Subsection 6.2 or that are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately become the property of the City, unless the City LEASE AGREEMENT - 5 (October 2013) (Between City of Kent and New Connections) elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option„ require Tenant to sever, remove, and dispose of them. If Tenant fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Tenant for the cost of removal and disposal. 7. ASSIGNMENT AND SUBLETTING. 7.1 City Consent Required. Tenant shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or the Premises without the City's prior written consent. In the event of such consent, each permitted transferee shall assume all obligations under this Lease.. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Tenant.. 7.2 Event of Assignment. If Tenant is a corporation, a dissolution of the corporation or a transfer (by one or more transactions) of a majority of the voting stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a partnership, a dissolution of the partnership or a transfer (by one or more transactions) of the controlling interest in Tenant shall be deemed, an assignment of this Lease. 7.3 Rent Payments Following Assignment. The acceptance by the City of consideration following an assignment or other transfer shall not constitute consent to any assignment or transfer. 8. INDEMNITY. 8.1 The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Tenant or Tenant's Residents) occurring on or about the Premises and caused by or resulting from any act or omission by Tenant, Resident, officer, agent, employee, guest, invitee, or visitor of Tenant or Tenant's Resident, and Tenant agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents of the City, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Premises or on any areas adjoining the Premises that is under the control or use of Tenant pursuant to this Lease and arising out of or in connection with Tenant's use and occupancy of the Premises, LEASE AGREEMENT - 6 (October 2013) (Between City of Kent and New Connections) including all legal costs and attorney fees, arising out of or in connection with this Lease, except for that portion of injuries and damages caused solely by the City`s negligence. 8.2 Should a court of competent jurisdiction determine that this Lease 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 Tenant and the City, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY, UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION.. This waiver has been mutually negotiated by the parties, 8.3 The provisions of this Section 8 shall survive the expiration or termination of this Lease. 9. INSURANCE. Tenant agrees to comply with the insurance requirements of Exhibit C at all times during the term of this Lease. 10. MAINTENANCE AND REPAIR. 10.1 The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Premises, or any part of the Premises, during the term of this Lease. 10.2 Tenant's Repairs, Alteration, Maintenance, and Replacement, (a) Tenant shall, at its sole cost and expense, keep and maintain the Premises, including the grounds, parking lot, and all improvements, in good order and repair, in a clean, attractive, and safe condition, (b) Tenant shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Premises or to any improvements on the Premises that may be required by any public authority. LEASE AGREEMENT - 7 (October 2013) (Between City of Kent and New Connections) (c) All additions, repairs, alterations, replacements or changes to the Premises and to any improvements on the Premises shall be made in accordance with, and ownership shall be governed by Section 6 above. 11.. DAMAGE OR DESTRUCTION. In the event of any damage to or destruction of the Premises or any improvements, Tenant shall promptly give written notice to the City. In the event of damage or destruction that renders the Premises unfit for Tenant's use, Tenant may terminate this Lease upon thirty (30) days' written notice to the City. 12. DEFAULT AND REMEDIES. 12A Event of Default, Tenant shall be in default of this Lease on the occurrence of any of the following: (a) Failure of Tenant to make the improvements as set forth in Exhibit 5; (b) Failure to observe or perform any of the covenants, conditions or provisions of this Lease, where such failure shall continue for a period of thirty (30) days after written notice from City to cure the default; (c) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (d) Failure to comply with any other provision of this Lease; (e) If proceedings are commenced by or against Tenant under any bankruptcy act or for the appointment of a trustee or receiver of Tenants' property, 12.2 City`s Remedies Upon Default. Upon an Event of Default, the City may terminate this Lease with thirty (30) days` written notice to terminate and remove Tenant by summary proceedings or otherwise, The City may also, without terminating this Lease, relet the Premises on any terms and conditions as the City in its sole discretion may decide are appropriate, If the City elects to relet, rent received by it shall be applied: (1) to the payment of any indebtedness other than rent due from Tenant to the City; (2) to the payment of any cost of such reletting; and 3) to the payment of the cost of any alterations and repairs to the Premises. LEASE AGREEMENT - 8 (October 2013) (Between City of Kent and New Connections) Any balance shall be held by the City and applied to Tenant's future rent as it becomes due, Tenant shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly. The City's reentry or repossession of the Premises under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless the City gives a written notice of termination to Tenant or termination is decreed by legal proceedings. The City may at any time after reletting elect to terminate this Lease for the previous Event of Default with ten (10) days' written notice. 13. ENTRY BY THE CITY. The City shall have the right to enter the Premises at any reasonable hour to inspect for compliance with the terms of this Lease upon forty-eight (48) hours notice, unless an emergency exists in which event the City may enter immediately, 14. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: The City: City of Kent Parks, Recreation and Community Services Attn: Superintendant of Facilities 220 Fourth Avenue South Kent, Washington 98032 Tenant: New Connections Attn: Randall Smith 422 west Titus Street Kent, Washington 98032 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable, 15. MISCELLANEOUS. 15.1 Authority. Tenant and the person or persons executing this Lease on behalf of Tenant represent that Tenant is qualified to do business in the State of Washington, that Tenant has full right and authority to enter into this Lease„ and LEASE AGREEMENT - 9 (October 2013) (Between City of Kent and New Connections) that each and every person signing on behalf of Tenant is authorized to do so, 15.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 15,3 Headings. The headings used in this Lease are for convenience only and in no way define, limit, or extend the scope of this Lease or the intent of any provision. 15.4 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. 15.5 Waiver. The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The City`s acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted, 15.6 Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 15.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 15.8 Language. The word "Tenant" as used in this Lease shall be applicable to one or more persons, as the case may be, The singular shall include the plural, and the neuter shall include the masculine and feminine. If there is more than one Tenant, their obligations shall be joint and several. The word "persons," whenever used, shall include individuals, firms, associations, and corporations.. 15,9 Invaliditv, If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease, 15.10 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to LEASE AGREEMENT - 10 (October 2013) (Between City of Kent and New Connections) a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for [ding County, Washington. 15.11 Modification, Any modification of this Lease must be in writing and signed by the parties, The City shall not be bound by any oral representations or statements. 15.12 Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. 15.13 Quiet Enjoyment, The City covenants and agrees that Tenant, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Premises during said term without any interruption by the City, its successors or assigns, or any person or company lawfully claiming by or through it, 15.14 Duplicate Originals, This Lease Agreement may be executed in duplicate originals, 'PHIS, AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF KENT NEW CONNECTIONS By: By: Print Name: Its:. Print Name: Suzette Cooke Date: Its: Mayor Date: (Notary Acknowledgements Appear on Next Page) LEASE AGREEMENT - 11 (October 2013) (Between City of Kent and New Connections) STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washinaton. residing at LEASE AGREEMENT - 12 (October 2013) (Between City of Kent and New Connections) STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and, said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the — of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washinaton, residina at P:\Civ11\Fi1es\0pen Files\0733-Human Services-2013\New Connections-Lease.2013.doc LEASE AGREEMENT - 13 (October 2013) (Between City of Kent and New Connections) KENT Agenda Item: Other Business — 8A TO: City Council DATE: October 1, 2013 SUBJECT: GreenPlay Agreement - Authorize MOTION: Move to authorize the Mayor to sign a Consultant Services Agreement with GreenPlay in the amount of $33,950 for its assistance in reviewing the City's recreation programs as a result of the recent efficiency study, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: At the 2013 City Council Retreat, the Council identified a number of priority items from the Efficiency Study (conducted by BERK and Associates) to further explore and discuss. One of those items under Level of Service was the review of recreation programs to better understand and determine cost recovery. Lori Hogan and Jeff Watling presented an approach to this task at the June 20, 2013, Parks Committee meeting. Following the discussion and feedback provided by the Committee members, a contract and scope of work was finalized with GreenPlay for $33,950 to assist the City in the completion of this work. At the Council meeting, Lori Hogan and Jeff Watling will provide an overview of the project including the work to be performed by City staff, work to be performed by GreenPlay, the public outreach component of this work, and the deliverables/outcomes expected at the completion of this contract. EXHIBITS: Consultant Services Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Parks Administration Professional Services Budget CITY OF KENT LAW DEPARTMENT CIVIL DIVISION O g, 0 T 220 4`"Avenue South w n0; NIG�➢T Q N Kent, WA 98032 Fax: 253-856-6770 PHONE: 253-856-5770 Memo To: Suzette Cooke, Mayor From: Jeff Watling CC: Date: September 16,2013 Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1 For Consulting Services with GreenPLay LLC The City's Parks, Recreation, and Community Services Department is requesting you waive the procurement requirements set forth in Administrative Policy 1.1 for consultant services from Green Play LLC. Purchases may be waived by the mayor upon a finding that either the materials, supplies, equipment, or services are clearly and legitimately limited to a single source of supply within the near vicinity, or that the materials, supplies, equipment, or services are subject to special market conditions, involve special facilities or services, or that a bid or the bidding requirements of KCC 3.70.030, would otherwise not be practicable or in the city's best interest under the circumstances, in which instances the purchase may be best established by direct negotiation. GreenPlay LLC would provide specialized sole-sourced professional parks and recreation planning and management advisement services. Through the use of GreenPlay's (proprietary) Pyramid Methodology, they would develop a Cost Recovery Model and Resource Allocation Philosophy for the City's Parks, Recreation and Community Services Department. The cost will not exceed $33,950. If you approve of this waiver under City of Kent Administrative Policy 1.1, the Parks, Recreation and Community Services Department requests that you indicate your approval by signing below. CITY OF KENT l Date: May r 5 zette Cooke / ICEIV0 waenua c,o CONSULTANT SERVICES AGREEMENT between the City of Kent and GreenPlay LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GreenPlay LLC organized under the laws of the State of Colorado, located and doing business at 211 N. Public Road, Suite 225,Lafayette, CO 80026; Phone: (303) 439-8369; Fax: (303) 664-5313; E-mail: Info@GreenPlayLLC.com (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: GreenPlay will develop a resource allocation and cost recovery philosophy, model and policy as described in Exhibit A: Scope of Work 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 June 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed thirty three thousand nine hundred fifty dollars ($33,950) plus applicable 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly 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 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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 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: Karon Badalamenti Lori Hogan, Recreation and Cultural Services GreenPlay LLC Supt. 211 N. Public Road City of Kent Suite 225 220 Fourth Avenue South Lafayette, CO 80026 Kent, WA 98032 E-mail: Info@GreenPlayLLC.com (253) 856-5067 (telephone) (253) 856-60650 (facsimile) (303) 439-8369 (telephone) 303 664-5313 facsimile APPROVED AS TO FORM: I Kent Law Department [In this fleld,you may enter the elactrnnlc Pllepath where the contract has been saved] 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 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Phaktladl(UJfApYMYads Aene916+R M.400en 5exa Corisultlnp Kent, WA - Parks, Recreation & Community Services Scope of work for developing a Resource Allocation and Cost Recovery Philosophy, Model and Policy GreenPlay Preliminary Proposal May 7, 2013 Project Lead —Ms. Lori Hogan Sent via email to: LHogan@l<entwa.gov Dear Ms. Hogan: GreenPlay LLC is pleased to submit our preliminary scope proposal outlining options to provide specialized sole-sourced professional parks and recreation planning and management advisement services. We are proposing an introduction to, and work sessions for GreenPlay's (proprietary) Pyramid Methodology using a fully facilitated process to develop your Cost Recovery Model and Resource Allocation Philosophy, Please note that the Scope of Work is provided in response to a "Sole Source Request" and may not be adopted for a competitive bidding process without written approval. GreenPlay has been providing Parks and Recreation assessments, plans, and related services for communities around the country since 1999, including developing Cost Recovery Models for cities, counties and special districts across the United States. Our GreenPlay team will include Karon Badalamenti as our GreenPlay Project Manager. Karon has extensive experience with this type of work, and in fact,was the project manager assisting MetroParks Tacoma in developing their cost recovery philosophy. Recently and presently, several cities and agencies in Pacific Northwest have undertaken this very work with great success. Our team will also consist of me, Chris Dropinski, CPRE, as Principal- in-Charge. We have developed very effective and efficient ways of communicating, producing and delivering high quality service, ensuring that your community is receiving the highest return on investment possible in this important work. We have worked with over 300 communities on various plans and using these tools and methodologies, and still treat each one as unique, providing customized community-specific results. Resource allocation and cost recovery models like the Pyramid Methodology are currently being taught in universities and used successfully around the country in agencies including: • City of Corvallis,North Clackamas, Tualatin Hills and Willamalone Parks and Recreation Districts in Oregon • The Cities of Coppell and Arlington in Texas and Glenwood Springs in Colorado • City of Carlsbad,San Diego County in California • City of Alexandria and Arlington County in Virginia • Montgomery County Department of Parks in the Maryland National Capital Parks Planning Commission (M-NCPPQ and the Montgomery County Department of Recreation in Maryland • Oakland County Parks and Recreation Commission in Michigan Page 1 �reedinpfdp81nf1$fkelh¢tiOM1 FndOpenSwtarnnJn!IInp GreenPlay has established the Pyramid Methodology as a model and ' philosophical approach to allocating taxpayer funds for partial orwholly subsidized services, setting fees, determining partnership contributions,or pursuing alternative funding sources depending on the beneficiary of the service. Task A. Strategic Kick-tiff GreenPlay will work with your senior staff to clarify desired project outcomes, specific staff involvement, workshop formats, and identification of additional materials necessary to start this process.This SKO will initiate the Cost Recovery work, collect information, and provide trainings as to what will be needed. This kick-off trip will include a meeting with your senior staff to clarify desired project outcomes, specific staff involvement, workshop formats, invitations, and logistics for each step. It will also identify additional materials necessary to start the evaluation process. Deliverables-Strategic Kick-Off One (1) one-day trip for meetings with senior management and your project team. • Determine Critical Success Factors, discuss senior staff responsibility and staff participation. • Confirm current agency Values, Mission and Vision • Introduce the Pyramid Methodology to the core project team • Present a short introduction of the methodology to City Manager's office and/or City Council • Facilitate discussions: o Project schedule and draft/final presentations to governing bodies o Public and Partner Involvement timeline o Definition of Cost Recovery staff participants and workgroups o Determination of locational or cost-centric matrices o Determination of contractor or partner participation o Evaluation of current budgeting processes,tools and cost recovery reports o Assessment of current pricing and resource allocation structures and policies o Discussion of Pyramid Methodology 10-Step Process, staff involvement and homework • Categories of Service • Definitions of Cost • Glossary of Terms • Determining cost of service provision • Goal setting Naga � 2 rAa�eadb6Elaetaex6,Annnawn AWOpenSpaee Cpqulling I. Task B. Cast Recovery Model and Resource Allocation Philosophy — The Pyramid Methodology Many agencies are using this methodology and in addition,several see its benefit and application for all special district, county and municipal services. Examples include: In Corvallis, Oregon,the Parks and Recreation Department,with the endorsement of the Parks, Recreation and Natural Areas Board (PNARB), are successfully using the methodology to increase their annual overall cost recovery and assure future service sustainability. Initial low hanging fruit ideas identified over$250,000 in annual cost recovery increase through obvious expense reductions,fee increases, and changes in processes and practices,without any impact to service. In San Diego County,the Director indicates that initial efforts are resulting in approximately$2 million positive cost recovery. In Springfield Oregon,the Willamalane Parks and Recreation District staff and several of their Board attended a national training on the methodology and then used it to develop their own philosophy and govern their decision making. The (former)Willamalane Deputy Superintendent,Jason Genck, had this to say: "We have had to make some challenging programming and budget decisions based upon the shifting needs it)our community. Thank God far the Cost Recovery[Pyramid)Model and our continued dedication to moving the model forward. It continues to establish common ground for challenging decisions, Our careful,strategic planning and conservative approach has given us the chance to seize many opportunities that have been presented in this tough economy. We are taking time to allow staff to establish the new thriving Willamalane Center by using our cost recovery model and other tools."-December 2010 Jason Genek, CPRP, Deputy£uaerintetaeient Willarnalane Park and Recreation District A Notionc?t Gold Medal Award Winninq Agency Jason is now the General Operations Manager for the City of Westminster in Colorado The City of Carlsbad,CA, is also a GreenPlay client whose leadership desires application across the entire municipal system, and they began with the Parks and Recreation Department to test the application. 1. "The Pyramid Model is just part of the whole strategy. The part 1 appreciate most is the [communityjfoirness issue. [The report has]laid a foundation for most, if not all of our future decisions." 2. "[The Pyramid Model]will need to be a dynamic tool as circumstances change. . . as community interests change and its ability to adapt to that." 3, This[model/report]provides support and fairness for us and captures the heart and values of the core positions and balance of our community,so i am very pleased to support this tonight and I believe this to be a very useful tool for us. Thank you for doing this. Mark Packard,Carlsbad,CA Counclimember GreenPlay's presentation at their meeting,June 9,2009, As part of GreenPlay's proposed process,we will evaluate current and expected cost recovery philosophies and expectations and will work with your staff and decision-makers to develop consensus on your intended goals. We will train your staff to use various tools and formulas to create programs for appropriate budgets and service pricing. 11 age 13 I REE LAKC ihei6etlP�pfJpploYd�is,Hfurea[pn � A,WOyan 9tl CbnPnm 1 Having a Cost Recovery Model and Resource Allocation Philosophy in place can help agencies answer challenging questions such as: • "Are your programs priced fairly and equitably?" • "How will you continue to fund your agency's facilities and services in relationship to future budget constraints?" • "Are you using your funding in a responsible manner?" • "Do you have a methodology for subsidy distribution? If so, is the process transparent?" • "Does the way that you charge for services (facilities, programs, etc.) support your agency's values,vision, and mission?" Establishing a well-crafted philosophy for cost recovery and subsidy allocation is the foundation for developing strong,sustainable financial management strategies.A solid philosophy will allow staff to recognize where subsidy is being applied,to determine if it is at an appropriate level, and to justify your agency's pricing structure, including costs for new services.Your staff will be an integral part of the decision-making process for setting expectations.They will learn how to apply agency tools and budget expectations to set equitable pricing based on consensual vision,values, and mission. Because the tool is guided by and created through the public involvement process, we establish buy-in, educate, and generate interest by being transparent and credible. Often the participating citizens, stakeholders, and partners, become the agency's greatest advocates and champions for future issues, sometimes establishing the grassroots support for taxation issues orfee increases.This collaborative process results in consensus for a foundational philosophy which underpins discussion and decision- making. In short,this method works! Development of Resource Allocation and Cost Recovery Philosophy This process provides a consensual approach to identifying agency resource allocation and cost recovery goals and provides formulas and structure for pricing decisions for all levels of the organization. We use the Pyramid Methodology, as illustrated below and developed by Green Play, LLC,to help develop a philosophy that details the level of subsidy necessary for your agency's services (facilities, programs, etc.). G!rcxFair„ The Pyramid The Pyramid Methodology is an effective Methodology management tool currently being utilized by agencies across the country to articulate the level of benefit that services such as facilities and programs provide as they relate to the Values,Vision, and Mission of an agency.This proven design leads to a logical determination Ill InNFr d'a4irt"bmnir�thuy, lr of resource allocation and subsidy/cost recovery goals, and future fees and charges. giil' Establishing guidelines and a methodology for �, such critical operational issues is imperative to I.i> ostfy CvtrprdjjA(ii gltflt`' sound fiscal responsibility,governmental ,111!,1 i!yiy accountability, and decision making. P a g e 4 i �:RE"6N L�frtc �I Poetatdlnp2Epain Pads,8attea�ion. AitlflpBnSpgLtrCUnrvfllnp The Pyramid Methodology engages your stakeholders, including community members, collaborators, decision-makers, and agency management and staff.This process also leads to recommendations for implementation. Deliverables- Resource Allocation and Cost Recovery Philosophy Development • Series of three multi-day trips to conduct Cost Recovery/Resource Allocation Workshops that may include continental breakfast, lunch, or dinner provided by the agency at your discretion (three full-day staff workshops and a minimum of two public meetings). • Workshop 1- Introduction and education on the Pyramid Methodology.;development of the Categories of Service for the agency, and determination of cost center pyramid needs. • Workshop 2a-A series of staff and public meetings including community representatives; sorting Categories of Service based upon each category's beneficiary and the values, vision,and mission. • Workshop 2b-Development of direct and indirect cost definitions with staff and identification of current cost recovery levels to establish baselines. • Workshop 3- Establishment of cost recovery/subsidy allocation target ranges/goals with staff, determine appropriate pricing strategies, and develop implementation steps. Task C. Final Resource Allocation and Cost Recovery Model Presentation Green Play will develop the final resource allocation and cost recovery philosophy report, model, and related policies, and present detailed information to your appropriate governing bodies as identified in the Strategic Kick-off meeting. GreenPlay will then revise yourfinal Report and Policy document for submission to your Agency. Deliverables of the Final Report and Presentations One trip to present the final document. • Cost Recovery Model and Resource Allocation Philosophy, Model, and Draft Policy • Recommendations for Implementation I 51P a belaatl�rtlTdpeln PaRr,Ratttalhn dREEXPLAYg andtltlenSpattrCpnrvltln0 Agency Investment — Facilitated Base Project — Firm Fixed Price Total Not to Exceed $33,950 The base project is proposed as a "Firm-Fixed Price"to provide the maximum cost savings to the agency. Task A. Strategic Kick-Off 1. Trip 1—one-day tentatively anticipated for Fall 2013 2. Onsite team meeting, introductory workshop, and planning $ 4,450 Task B. Resource Allocation and Cost Recovery Process 1. Trip 2—Workshop 1-Categories of Service and Definitions of Cost $ 6,550 2. Trip 3—Workshop 2—Sorting,Consensus Pyramid and Current Cost Recovery $10,650 3. Trip 4—Workshop 3 -Targets, Pricing and Goal Setting 6,550 Total Resource Allocation Process $23,750 Task C. Resource Allocation and Cost Recovery Philosophy, Model and Policy Presentation 1. Trip 5—Resource Allocation and Cost Recovery Philosophy, Model and Policy $ 5,750 As a cost savings measure, all materials, draft and final reports will be provided electronically for the client to print as necessary. For projects like this that include more than 100 hours of work, Green Play typically recommends and proposes using a Firm-Fixed Price model for compensation.This means that the contract is preliminarily based on a projected number of hours, but thatthe compensation is actually based on completion of pre-determined contracted tasks the Scope of Work within a pre-specified timeline.This usually works well for the client in that they will get all the work done that they need, regardless of how many hours during the timeline that it takes to do it,The firm fixed fee also means that all travel, reimbursable expenses, and deliverables are built into the per task cost. In the event that the contracted Scope of Work is changed by the client during the course of work, Green Play can adjust total contract fees accordingly based on the regular hourly rates.This portion of the project is proposed as a Firm-Fixed Rate Fee project. Additional Agency Investment a Professional Advisor on Retainer Additional meetings, advisement, projects tasks,support,facilitated workshops,etc. may be added to the initial proposed investment at our hourly or daily consulting rate: Hourly Consulting Rate $ 150 per hour Daily Consulting Rate (plus all travel expenses) $1,500 per day Potential Additional Services— Budgeting and Financial Definitions and Trainings Sometimes staff may need a "Budget and Financial Training" primer prior to the start of the resource allocation and cost recovery philosophy, model, and policy development process. This objective identifies the need for additional staff trainings on basjc budgeting,financial terms, and how the agency's staff should assess budgets, pricing, cost recovery, and basic financial and revenue expectations. GreenPlay can provide trainings with your financial staff, managers, supervisors, and operational staff who may require such training, and can offer curriculum for staff to create agency- specific training modules. I 61Page I rhnleaWntl Ed9a to Ead$Ne�reatlan i AnxOnanSp¢mCam�uMa t' The potential cost would be determined based on on-site or remote training/curricula,the number of staff and days designated fortraining, and whether or not these trainings can be combined with other on-site trips. This can be discussed and determined at the strategic kick-off meeting or at anytime during the course of the contract. ry Our work also includes, at no additional charge: Our commitment that for each task,we will quickly assess your current circumstances and provide what you need to move to the next level, rather than providing you a standard planning response, whether you need it or not. Our rates include: Professional staff, sub-consultant, and administrative salaries. La • All office overhead, equipment, utilities, and insurances. • Taxes, employee benefits, and Worker's Compensation. Administrative support staff and supplies and local travel Deliverables and meetings as outlined in the Scope of Work. • All travel expenses and time in the"Facilitated Base Project" scope of work Rates may not include (unless specified in the Scope of Work): Materials and services outside of the pre-specified Scope of Work(may include extra meetings, requested copies, and printing of work products). All travel expenses and time in the Professional Advisor on Retainer"three-year blanket contract period" scope of work. As a baseline:When billing hourly,GreenPlay's hourly rate is $150 per hour for all contracted professional consulting services.While the hourly rates may sound high relative to typical public agency staff pay rates, our fees comprehensively include the costs for our consultants and related administrative expenses, insurance, equipment,and other relevant costs associated with our services. We find that this rate is usually comparable to,or lower than, what an agency would spend for in-house staff. An additional benefit is that when the project is finished, the expense ends. Invoicing: Greenplay typically submits an invoice for payment to the project manager or primary contact person on a monthly basis. Each invoice includes a brief description of the services provided and percentage of Scope completed to date. Invoices past due over 60 days will accrue 1.5% interest per month. Otherstructures for compensation and payment can be negotiable prior to contract award. Project Delays: We understand that time is tax-payer money. GreenPlay team members strive to complete our projects in a timely and efficient manner. We will work with your Project Manager to set an expedient and realistic"scope of work end date." j Project Delay Policy There is an added cost for GreenPlay when projects are extended beyond a contracted end date, including staff reassignment, loss of capacity to perform other work, and administrative schedule changes that may impact other projects. Our policy takes into consideration delays due to operational and approval constraints, scheduling, and other internal and external factors.GreenPlay will discuss our typical policy regarding potential project delays upon contract award. 7 1 P a g e I 7daCeadly FABetn Ponka,Nurealion BidOpendpnoaGanrotling Our Commitment to You We understand that the current economic climate is driving agencies to examine "why" as well as "how' they use the taxpayer investment and that many agencies are either doing more with less or are trying to be financially sustainable while offering more services.Sometimes agencies have the resources to complete this kind of citizen-centric, systemic philosophical work on their own, and sometimes they require objective assistance. We would like to help you actualize this goal by providing you with this innovative scope of work,tools and methodologies foryour consideration. We believe that our previous experience provides us with the knowledge, processes, and insight necessary to create implementable plans and tools forthe Kent,Washington Parks, Recreation and Community Services Department.We pride ourselves on being available and accessible to your agency, and partnering with you to help achieve your goals. We have put togetherthis revised scope of work based on our understanding of yourfinal Cost Recovery Project Refined Scope utilizing the Pyramid Methodology,and based on our experience of delivering effective services. We look forward to working with you to help you continue your critical place at the table and assuring continued parks and recreation funding! If you have any additional questions, please feel free to contact us at the number listed below.Thank you for your attention and consideration. Respectfully, Chris Dropinski,CPRE Senior Principal and Managing Member Direct Phone: (303)870-8674 Email:ChrisD@GreenPlayLLC.com If you have any questions regarding this scope of work and fee, please do not hesitate to contact Karon Badalamenti, Principal and Project Manager, directly at (303)870-0021 or I<aronb@greenplayllc.com. Sincerely, Karon Badalamenti,CPRE and Principal,GreenPlay, LLC 8 Pa Z e EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 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 and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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 Contractor 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. 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 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION KENT Agenda Item: Action after Executive Session TO: City Council DATE: October 1, 2013 SUBJECT: Resolution of Intent to Set a Public Hearing Date for LID 365, SE 256th Street Improvements, 116th Ave SE to Kent-Kangley Road — Set Hearing Date MOTION: Recommend Council adopt a Resolution of Intent setting November 19, 2013 as the date for a public hearing on the formation of Local Improvement District 365, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: On March 5, 2013 The City of Kent Council formed LID 364 for the SE 256th Street Improvement project to help fund the $2 million funding gap. This LID was rejected and overturned by the participants 30 days later. LID 364 included properties that signed a "No Protest" covenant that allowed for development of the property without completing street improvements on 256th. They agreed to not protest the formation of a future LID to help pay for the improvements to the roadway. The City proposes to form a new LID, (LID 365) to include only these properties and collect the appropriate share of the costs for the road improvements as promised under the "No Protest' covenants. The total assessments for the proposed LID 365 is $365,643.48 and includes 24 properties. EXHIBITS: Resolution of Intent RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This amount was anticipated as part of the total project budget. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent- Kangley Road to 116th Ave SE; and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on November 19, 2013. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, 1 Resolution of Intent - LID No. 365 erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent-Kangley Road to 116th Ave SE, as more fully described in Exhibit B, attached hereto and by this reference made a part hereof. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Public Works Director of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. SECTION 2. The total estimated cost and expense of the improvements is declared to be approximately $7,000,000.00, approximately $4,634,000 of that cost and expense shall be paid by the City, approximately $2,000,000 of that cost and expense shall be paid by grants, and the balance thereof (an estimated $365,643) shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established. The local improvement district is to include as nearly as practicable those properties specially benefited by the improvements that were required as a condition of property development to participate in a local improvement district for the identified improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. 2 Resolution of Intent - LID No. 365 SECTION 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law. This resolution also shall be published in its entirety in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. SECTION 4. All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7:00 p.m. on November 19, 2013, which time and place are fixed for hearing all matters relating to the improvements and all comments thereon and objections thereto and for determining the method of payment for the improvements. All persons who may desire to object thereto should appear and present their objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the 3 Resolution of Intent — LID No. 365 date of passage of the ordinance ordering the improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. SECTION 5. The City's Public Works Director is directed to submit to the City Council on or prior to November 19, 2013, all data and information required by law to be submitted. SECTION 6, Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this 1't day of October, 2013. CONCURRED in by the Mayor of the City of Kent this day of October, 2013. SUZETTE COOKE, MAYOR ATTEST: RONALD MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY 4 Resolution of Intent — LID No. 365 Exhibit A L.I.D. Boundary Description L.I.D 365 — SE 256th Street Improvements Those portions of the south half of Section 20 and the north half of Section 29, both in Township 22 North, Range 5 East, W.M., King County, Washington, described as follows: Lots 1, 2 and 3, City of Kent Short Plat No. SP-83-8 recorded under auditors file no. 8412050348, being a portion of the west half of the southwest quarter of the southeast quarter of said Section 20. TOGETHER with Lot 1, Ulle-Land No, 1, being a portion of the south 150 feet of the east half of the southeast quarter of the southeast quarter of said Section 20, except the south and east 30 feet for roads, according to the plat thereof recorded in Volume 65 of Plats, page 94, records of said county; AND TOGETHER with Lots 1 through 14 inclusive of Olympic Estates, being a portion of the northeast quarter of the northeast quarter of the northeast quarter of said Section 29; except the south 320 feet of said subdivision; and except the north and east 30 feet thereof for roads, according to the plat thereof recorded in Volume 118 of Plats, page 24, records of said county; Except that portion conveyed to the City of Kent by deed recorded under auditors recording no. 19991025000337, records of said county. AND TOGETHER with Units 15A, and 15B, Building 15 and Units 16A and 16B, Building 16, Olympic Estates Condominium, according to the declaration thereof recorded under auditors file no. 9603040912 and any amendments thereto; said units as located on survey map and plans filed in Volume 131 of Condominiums, Pages 54 and 55, records of said county; AND TOGETHER with that portion of the northeast quarter of the northwest quarter of said Section 29 more particularly described as follows: Beginning at the northeast corner of said subdivision; Thence south along the east line of said subdivision 30 feet to the south margin of County Road, also known as "Middle Road" (now known as Southeast 256th Street), and the True Point of Beginning; Thence south, continuing along said east line, 1 Exhibit A to Resolution of Intent LID No. 365 319.65 feet; Thence north 65008'00" west to the southerly prolongation of the westerly line of the land conveyed to Dennis J. Mullen and May Mullen by deed recorded under auditors recording no. 3743246, records of said county; Thence northerly, along said prolongation and said westerly line, 272.72 feet to said south margin of Southeast 256th Street; Thence easterly, along said south margin, 90.00 feet to the True Point of Beginning. AND TOGETHER with that portion of the northeast quarter of the northwest quarter of said Section 29 more particularly described as follows: Beginning at the intersection of the northeasterly margin of Black Diamond Road, being 60 feet in width, said road also known as Kent Kangley Road, with the south margin of Julius Johnston Company Road, being 60 feet in width, said road also known as Southeast 256t" Street; Thence north 88057'00" east, along said south margin of Southeast 256th Street, 221.43 feet to a point on the west line of the east 615.22 feet of said subdivision; Thence south 4021'33" east, along said west line, 168.92 feet to a point on the northeasterly margin of said Kent Kangley Road: Thence north 54056'23" west, along said northeasterly margin, 286.15 feet to the Point of Beginning; Except that portion conveyed to the City of Kent by deed recorded under auditors recording no. 6428940, records of said county. M0 N 04. Z. s �° A - 2 Exhibit A to Resolution of Intent LID No. 365 Exhibit B Description of Improvements L.I.D 365 — SE 256th Street Improvements The overall project limits for SE 256th Street are Kent-Kangley Road to the west at the 'Y' intersection and 116th Ave. SE to the east. The roadway improvements include but are not limited to: • Widening to 3 lanes with a center left turn lane • Bicycle lanes in both directions • Installation of cement concrete sidewalks and driveways • New roadway pavement section • Curb and gutters • Storm drainage system with detention and treatment facilities • Relocation and adjustment of existing utilities and other improvements such as fire hydrants, manholes, water meters, valve boxes, monuments, utility poles, street light poles, mailboxes, fences and signs as necessary • Channelization • Traffic signs • Street trees • Planter strips between the curb and sidewalk • Street lighting • Erosion control both temporary and permanent • Retaining walls where necessary • Undergrounding of electrical facilities • Wheel chair ramps in the curb and sidewalk at the intersections • Traffic signal revisions as necessary at both ends of the project • Utility stubs and extensions as necessary • Removal of existing improvements as necessary 1 Exhibit B to Resolution of Intent LID No. 365 CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Resolution No. (the "Resolution") is a full, true and correct copy of a Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on October_, 2013, as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this day of October, 2013. CITY OF KENT, WASHINGTON RONALD MOORE, CITY CLERK P:\Civil\Re�lution\LID 365 R soludon Of Intent.Doc