Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council Committees - Parks and Human Services - 03/26/2015
T Parks and Human Services Committee Meeting Councilmembers: Deborah Ranniger, Chair • Dennis Higgins • Brenda Fincher March 26, 2015 - 5:00 p.m. Roll Call Changes to Agenda Item Description Action Speaker(s) Minutes Page 1. Approve minutes dated February 26, 2015 YES Council n/a 01 2. 2015 City Art Plan and Five-Year Plan YES Ronda Billerbeck 05 09 2015 - 2019 3. Lease Agreement with Verizon Wireless YES Alex Ackley 05 19 for Rooftop Installation at Centennial Center Building 4. Rental Agreement with Highline School YES Lori Hogan 05 45 District #401 for Camp Waskowitz 2015 Season 5. Goods and Services Agreement with YES Brian Levenhagen 05 51 Fountain Equipment LLC for Fountain Equipment at Town Square Plaza 6. Public Works Agreement with Pacific Ace YES Garin Lee 05 69 LLC for Sport Court Repair and Resurfacing at Garrison Creek Park and West Fenwick Park 7. Access to Recreation Donation YES Jeff Watling 05 85 8. Director's Report - INFO ONLY NO Jeff Watling 05 87 Unless otherwise noted, the Parks and Human Services Committee meets the 4th Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032 For additional information or questions, please contact Teri Petrole at (253) 856-5101 / tpetrole(a kentwa.gov Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388 Page 1 O T i'JievYPI GYOM Parks and Human Services Committee Meeting Minutes Council members: Deborah Ranniger, Chair a Dennis Higgins e Brenda Fincher Director Jeff Watling February 26, 2015 - 5:00 p.m. Call to Order: Committee Chair Debbie Ranniger called the meeting to order at 5:00 p.m. Roll Call: Chair Debbie Ranniger, Committee members Dennis Higgins and Brenda Fincher Changes to agenda: None 1. Minutes Dated January 22, 2015 - Approve Committee member Fincher MOVED to approve the minutes dated January 22, 2015. Committee member Higgins SECONDED. The motion PASSED 3-0. 2. King Conservation District Grant Agreement for Green Kent Partnership Hope Gibson, Manager of Parks Planning and Development reported that staff applied for and received a $55,827.00 grant from the King Conservation District to continue implementation of the Green Kent Partnership for 2015-2016. Specifically, this grant will fund the Green Kent Steward Lead, a Green River Natural Resources intern and allowable mileage reimbursement, regional support through Forterra, contracted crew time and an offset for the Special Programs Manager's time overseeing the project. Manual labor of the volunteers equals 136,000 worth of labor. Committee member Higgins stated that he is pleased with the results of the Stewardship program in Clark Lake Park. He offered special consideration to Victoria Andrews and her management efforts. Committee member Fincher said, without the volunteers, the city would lose the partnership with Green Kent. Committee member Higgins MOVED to recommend council authorize the mayor to accept the Green Kent Partnership grant from the King Conservation District in the amount of $55,827.00, to amend the budget and authorize expenditure of grant funds subject to the grant terms and conditions, and to sign all necessary documents, subject to the terms and Page 1 Page 2 Page 3 conditions acceptable to the parks director and city attorney. Committee member Fincher SECONDED. The motion PASSED 3-0. Fincher reported that the King Conservation District's 2015 Board of Supervisors election is now open. Participating in the election is a way to demonstrate your support for natural resource conservation. The online poll is open through Tuesday, March 10. See the election page for detailed information: www.kingcd.org/election- vote.htm. Fincher added that King County is offering to conduct basic soil nutrient tests for residents. The link to this information is on the main web page. King County is also active in addressing food system issues by protecting agricultural land, promoting fresh food consumption and supporting local food and farm-based business to improve the health of the local food economy. 3. Consolidated Annual Performance Evaluation Report Dinah Wilson, Human Services Planner explained that the 2014 Consolidated Annual Performance and Evaluation Report (CAPER) for the City of Kent, Washington is a report to the U.S. Department of Housing and Urban Development (HUD) on the City's activities and accomplishments using Community Development Block Grant (CDBG) and other funds. The report is required by HUD annually and must be submitted by March 31 of each year. The report includes information on how CDBG funds were used to further the goals and strategies of the Consolidated Plan, as well as other activities executed by the City. The motion statement was revised to include "subject to the terms and conditions acceptable to the parks director and city attorney." Committee member Higgins MOVED to recommend council approve the 2014 Consolidated Annual Performance and Evaluation Report and authorize the mayor to submit the report to HUD, subject to the terms and conditions acceptable to the parks director and city attorney. Committee member Fincher SECONDED. The motion PASSED 3-0. 4. 2015 Washington State Slo-pitch Umpires Agreement Lori Hogan, Superintendent of Recreation and Cultural Programs reported that participating teams in the City of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play. Each year, up to 180 teams play in league games covered by the Washington State Slo- pitch Umpires Association Agreement. As a result, the 2015 contract will likely exceed $35,000.00. Hogan was asked how many umpire associations are in the area and responded around six. Committee member Fincher was impressed with 180 teams participating in the league. Watling added that this number does not include tournaments. Committee member Higgins MOVED to recommend council authorize the mayor to sign a goods and services agreement with Washington State Slo- Page 2 Page 4 pitch Softball Umpires Association in an amount not to exceed $40,000.00 for the 2015 season umpire coverage, subject to final terms and conditions acceptable to the parks director and the city attorney. Committee member Fincher SECONDED. The motion PASSED 3-0. 5. Land O' Frost Youth Sports Programs Donation Superintendent of Recreation and Cultural Programs Lori Hogan stated that the city has been in a relationship with Land 0' Frost for thirteen years. The Land 0' Frost Youth Sponsorship Program provides funds to local communities to help offset some of the costs associated with organizing and operating their youth sports programs for children up to 10 years old. Land 0' Frost youth sponsorships began in 2002, and since that time, has grown to include more than 300 leagues, 12,500 teams, and 125,000 players. Since its inception, the Land 0' Frost Youth Sponsorship Program has sponsored over one million players. The $19,000 donation will fund sponsorships for youth programs for the 2015 season. Hogan stated that Kent has been the recipient of some of the biggest donations from the Land 0' Frost National Sponsorship Program. Motion: Committee member Fincher MOVED to recommend council authorize the mayor to accept the donation from the Land O' Frost 2015 Youth Sports Sponsorship Program in the amount of $19,000.00, to amend the budget and authorize the expenditure of funds subject to the donation agreement terms and conditions, and to sign all necessary documents, subject to terms and conditions acceptable to the parks director and the city attorney. Committee member Higgins SECONDED. The motion PASSED 3-0. 6 King County Youth Sports Facilities Grant Agreement for Play Equipment at Kent Memorial Park Brian Levenhagen, Parks Planning and Development Planner said that staff has a long history and partnership with King County and receiving the Youths Sports Facility grant, including Green Tree Park, West Fenwick Park and Service Club Ballfields. Staff applied for and received a $75,000.00 Youth Sports Facilities Grant from the King County Department of Natural Resources Parks Division for renovation of the play area and installation of a wiffleball field at Kent Memorial Park. The existing playground at the park was installed in 1997. A number of play elements have broken and been removed. A new playground, in conjunction with the addition of a wiffleball field, will make Kent Memorial Park a unique destination playground for children who enjoy playing sports, while still offering more traditional play opportunities like climbing, swinging, spinning, running and jumping in the re-developed play area. Grant funds will leverage the purchase of the play equipment. Installation will be this summer. Page 3 Page 5 Committee member Higgins MOVED to recommend council authorize the mayor to accept the Youth Sports Facility Grant from King County in the amount of $75,000.00, to amend the budget and authorize expenditure of the grant funds subject to the grant terms and conditions, and to sign all necessary documents, subject to the conditions acceptable to the parks director and city attorney. Committee member Fincher SECONDED. The motion PASSED 3-0. 7 2014 Fourth Quarter Report and Contributions Report - INFO ONLY Jeff Watling, Director of Parks, Recreation and Community Services highlighted division programs and services, as well as all in-kind, and/or cash contributions received during the fourth quarter of 2014. Watling noted the inclusion of a more detailed report in the Housing and Human Services section, as requested by the committee. Participation and use of our parks and facilities continues to be in high demand, but this high use is putting pressure on our aging facilities. Kent Commons was built in 1978 and receives an average of over 270,000 visits per year. The Facilities division staff is valued for keeping the building safe and welcoming and the Recreation staff is appreciated for providing such popular programs and services. It is always a privilege to report on the contributions we receive each quarter from our advocates and partnerships. The city has numerous partners and proof of that support is every quarter we bring the total number of contributions to the committee. During the fourth quarter of 2014, over $24,000 was donated in cash and in-kind materials. Committee member Fincher commented that one program that is close to her heart is the women's shelter, which is partially supported by the city. She announced that, for the first time, the women's shelter is open for six months out of the year. Watling said, that means an extra month of sheltering and an extra month of meals for homeless women. In that, there are partnership opportunities for the community to provide meals to the shelter. Fincher thanked the city for the funding support and the community for providing meals. i a. Director's Report Jeff Watling, Director of Parks, Recreation and Community Services, informed the committee of noteworthy information and upcoming events. Green River Lower Russell Levee Project Watling reported that the Lower Russell Levee Design Project is well underway. The project location is about 1 1/4 mile roughly from Veterans Drive up to 212th and includes Van Doren's Park, the pedestrian bridge over to River View Park, Puget Power Trail and the Green River Trail. This area contains some very important public assets. Page 4 Page 6 Kent hosted a tour of the Green River levee project last Friday. Triangle and Associates, a consultant firm hired by the King County Flood District to manage discussions with this key design, facilitated the tour. The tour was very productive with forty people in attendance. Watling wanted to bring to the attention of the committee, the ongoing discussion and admittedly the challenge of making sure that we reinforce that people are an important component of that corridor. Watling spoke at the tour, emphasizing the commitment of the mayor, council and prior councils since the seventies and the vision that has been in force with countless acquisitions. Roughly, 70% of the eastern bank of the Green River Corridor is owned by the city. A lot of that ownership is conditioned upon public use. He feels this is an opportunity to make sure the property is performing as well for the habitat as that for the people - adding that it needs to be welcoming and safe for the users. The design work is critical. Staff will continue to work with Public Works and reach out to the resource agencies. There is mixed opinion as to how much of this public space, as well as the Green River Natural Resource Area, should be allowed for flood plain or habitat. Parks is seeking an approach of balance. This is very much a levee project and flood protection. He wants to see the levee and the flood protection be the primary goal, but keep the interest and intent for public use. Parks is trying to bring balance to the trail with the current benefits of habitat, flood plain and recreational use that exists along this corridor. He wants them seen as equal priorities. Committee member Higgins spoke with Regan Dunn and Chief of Staff Tom Goff after the tour. They indicated a follow up discussion will occur with him and the city. Higgins said they sounded much more optimistic on this particular stretch of levee. He is interested in feedback from the King County Flood District. He felt the tour left a great impression on the stakeholders of all the work Kent has done along the entire stretch of the Green River, especially since it was, perhaps, not well known to the group. He feels a compromise is possibly growing. Higgins also voiced his appreciation of what Director Watling has done. Committee member Fincher remarked on the positive comments she heard at the tour. During the tour, it was important that the group witnessed families coming out from the housing development and using the trail, as well as the users at the Green River Natural Resource Area. Hopefully, many of the attendees are now realizing it doesn't have to be one or the other. We have to be able to consider all ends. Awning on First Avenue The awning that is located on First Avenue at Rosebed Park will be dismantled in the next week or two. Public Works is managing the project. Kent Downtown Partnership (KDP) and Park Operations staff removed the historical pictures from the awning. They are in safekeeping with KDP. Page 5 Page 7 Parks and Recreation Commission The Parks and Recreation Commission met two times. Annie Saurwein was appointed Chair and Tanda Topps was appointed Vice-Chair. The commissioners are getting information on the Park Plan Update and the new performance-based LOS approach by staff. The group discussed the aging park system and two tours will be set up for the commissioners in March/April. Jeff invited the council committee to attend the tours. Riverbend Golf Complex Task Force The first meeting of the Riverbend Task Force is after the Parks and Human Services Committee meeting. They will discuss helping staff with transition planning on the new training facility and prioritizing capital reinvestment needs. City 125th Anniversary Committee member Higgins announced that the Lodging Tax Advisory Committee set aside some funds for the city's 125th anniversary celebration. Jeff reported that the planning committee has been meeting regularly and have reached out to the community members with the promotion. The committee decided on a campaign that will weave the celebration throughout all city events in 2015, such as the Fourth of July Splash, Cornucopia Days and the Summer Concert Series. The Mayor will launch the plan next Wednesday on March 4, at her State of the City Address. The official roll out is the week of March 23. The committee is putting together a kit to be offered at community events. Per information from Committee member Higgins, Watling will work with Finance on a request to the Lodging Tax request for the designated funds. Chair Ranniger adjourned the meeting at 5:50 p.m. Respectfully submitted, Twi Petraee Teri Petrole Council Committee Recorder Page 6 Page 8 Page 9 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director ® Phone: 253-856-5100 Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. '.. Kent, WA. 98032-5895 March 26, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager SUBJECT: 2015 City Art Plan and Five-Year Plan 2015 - 2019 MOTION: Move to recommend council approve the 2015 City Art Plan and Five-Year Plan 2015 - 2019, subject to terms and conditions acceptable to the parks director and city attorney. SUMMARY: The attached City Art Plan details projects for 2015 and lists art expenditures planned for 2015-2019 as part of the 5-year plan. The Visual Arts Committee worked with staff to craft the plan which was approved by Kent Arts Commission on March 10, 2015. Please review the attached document for details. EXHIBITS: 1) 2015 City Art Plan and 5-Year Plan. 2) Ordinance 2552 BUDGET IMPACT: Budgeted funds in the Public Art Program budget in the general fund i i i Page 10 Page 11 CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission i 2015 CITY ART PLAN FIVE YEAR CITY ART PLAN, 2015 - 2019 Ordinance 2552 Approved: Visual Arts Committee March 10, 2015 Kent Arts Commission March 10 2015 City Council Sub-Committee: City Council Page 12 CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2015 CITY ART PLAN NEW PROJECTS 2015 Budget Community Art Project: KentArts/DIY(Do It Yourself) 5,000 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Collection Maintenance and Programming 13,740 Capital Project artwork(s): Opportunity fund (capital projects, strategic art acquisition, economic 92,375 development) TOTAL 2015 BUDGET FOR 19026223.66500.4310 $116,115 OTHER EXPENSES Salary & Administration (supplies, professional services, $126,685 maintenance/repair) TOTAL 2015 BUDGET FOR 10006223.4310 $126,685 Total $2 / capita 121,400 x 2 $242,800 REALLOCATIONS OF PREVIOUSLY APPROVED FUNDING Youth Training artwork (2013 City Art Plan) - reallocate to 2015 Portable 7,500 purchases Economic Development artwork (2014 City Art Plan) - reallocate to 2015 5,000 Opportunity fund Municipal Court artwork (2014 City Art Plan) - reallocate to 2015 18,280 Opportunity fund Artist designed interpretive materials (2012 City Art Plan) - reallocate to 15,000 2015 Opportunity fund Subtotal $45,780 PREVIOUSLY APPROVED PROJECTS Community Art Project: KentArts/DIY(Do It Yourself) ($36,000 in 2012, 60,000 $14,000 in 2013, $10,000 in 2014) Capital Project artwork: Kent Valley Loop Trail ($4,431 left from 2013, $40,000 approved in 2014) 44,431 Collection Maintenance and Programming ($36,260 left from 2014) 36,260 Subtotal $140,691 TOTAL 2015 Anticipated Expenditures $429,271 2 Page 13 I, KENT ARTS COMMISSION 2015 CITY ART PLAN NARRATIVE Project Title: Community Project Artwork: Kent Arts DIY (Do It Yourself) Project Description: Kent Arts DIY would foster inclusiveness by highlighting the talent and creativity of the Kent community. Participants would upload projects to an automated website. Submissions would be reviewed and published on a quarterly basis, with selected projects receiving an honorarium. Projects could fall within the traditional arts (poetry, painting, music); the community arts (culinary arts, fiber arts, metal arts), and the unexpected. Participants would be asked to submit a description of their project that would reveal the "how-to" and inspire other Kent residents to get creative. Estimated Costs: $65,000 (technology development and implementation) Funding Source: 2015 City Art Plan: $5,000 2014 City Art Plan: $10,000 2013 City Art Plan: $14,000 2012 City Art Plan: $36,000 (previously approved) City Partner: Information Technology Background: Nationally, arts organizations are changing how they interact with the community. Traditionally, we have been presenters but now we also want to provide platforms for collaboration. Kent Arts DIY is a prototype project that will allow the people who live, work and play in Kent to share their creativity with one another. Location: Online Project Title: Summer Art Exhibit Purchase Program Project Description: Purchase quality artworks from area artists that enhance the value of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City facilities, helping to beautify Kent. Increase annual budget from $5,000 to $12,500 by reallocating previously approved funding for Youth Training Artwork project. Increased budget for artwork purchase will increase the quality of applicants to the Summer Art Exhibit and allow for more strategic purchases. For example, the collection currently needs larger pieces. The Youth Training Artwork was a partnership with King County; their program was eliminated in 2013. Estimated Costs: $12,500 Funding Source: 2015 City Art Plan: $5,000 2013 City Art Plan: $7,500 (reallocate amount approved for Youth Training Artwork) City Partner: Facilities 3 Page 14 Background: The City of Kent Arts Commission collection of portable artwork includes a variety of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit purchase award program. The portable collection introduces art into areas where the community does business. A work environment that includes amenities such as art has been shown to increase productivity and job satisfaction, but the primary purpose is serving the public. Location: City of Kent facilities Project Title: Collection Maintenance and Programming Project Description: Projects include outdoor sculpture maintenance and collection repair, helping to sustain existing assets. This year's projects will include restoration of Fiddlehead sculptures at Canterbury Park (Charles Bigger, 2003), repair and repainting of Railroad Yard mural at Titus Railroad Park (Mary Iverson, 2006), refurbishment of sculptures (Handplant, Flower, and Spider) at Arbor Heights 360 Skate Park (Mike Whiting, 2007); and various repair and maintenance projects. Estimated Costs: $50,000 Funding Source: 2015 City Art Plan: $13,740 2014 City Art Plan $36,260 Background: This fund may be used for maintaining and providing programming for existing artworks. Project Title: Opportunity fund (capital projects, strategic art acquisition, economic development implementation) Project Description: Identify and implement art project(s) to address City and community goals. This funding allows the Arts Commission to incorporate significant artwork into capital projects, acquire artwork for specific locations or needs, and contribute artwork to implementation of the City of Kent Economic Development Plan. Possibilities include a project to make one of three Highway 167 underpasses more inviting (Willis, Meeker, James), other gateway projects, partnerships with Economic Development, and acquiring art work from the personal collection of recently deceased Kent artist Danny Pierce. Estimated Costs: $130,655 Funding Source: 2015 City Art Plan: $92,375 2014 City Art Plan: $5,000 (previously approved for economic development artwork); $18,280 (previously approved for municipal court artwork) 2012 City Art Plan: $15,000 (re-allocate amount approved for Artist designed interpretive materials) City Partner: Economic Development Department, Parks Planning and Development 4 Page 15 Background: In 2013, Kent Arts Commission staff began discussions with Economic Development staff about ways to partner and use art to achieve community Economic Development goals. In 2014, acclaimed Kent artist Danny Pierce died, as did his wife Julia; there are potentially opportunities to acquire and keep significant pieces of Danny's art in Kent. Re- allocate funding approved for acquiring art work for municipal court rooms, as art work was selected from the existing collection. Re-allocate funding approved for artist designed interpretive materials, as the future of this project is uncertain. Location(s): TBD PREVIOUSLY APPROVED PROJECTS Project Title: Capital Project Artwork(s): Kent Valley Loop Trail Project Description: Parks Department plans to create a Kent Valley Loop Trail system over the coming years. This system of varying length trails along the Green River will link Riverview Park (yet to be constructed), Foster Park, Van Doren's Landing, and Boeing Rock. The Kent Arts Commission plans to set aside City Art Plan money for the next several years to enable us to commission major artwork(s) as part of the Kent Valley Loop Trail when it becomes a reality. Parks Planning and Development contracted with Berger Partnership to develop a Master Plan for the project in 2013. Through a competitive selection process, the Kent Arts Commission selected Ellen Sollod to serve as the artist representative on the master planning team and to create an art plan for the Kent Valley Loop Trail Ms. Sollod identified and recommended several projects as a cost effective approach to maximizing the impact of the public art program's resources over the coming years. The Kent Arts Commission will determine the priority and ordering of projects based on Parks Department plans for trail improvements. Potential 2014 projects: -"Finding One's Way" - A system of artist designed trail markings, informational kiosks and underpass markings. ($11,000) -"Sightings and Soundings" - A photographer and sound artist would be commissioned to create a sensory experience that complements and enhances the trail. The product would be available on-line, as a "print on-demand" book/CD, and potentially through an exhibit. ($22,000) "Temporary Interventions" - Projects to draw attention and people to the trails. ($20,000) Estimated Costs: $40,000 Funding Source: 2013 and 2014 City Art Plan City Partner: Parks Planning and Development Background: The vision for the Kent Valley Loop Trail is to enhance recreation opportunities at Kent's river-front parks and along the Green River Trail that connects them. Integrating public art throughout the trail and parks will enrich trail and park users' experience and provide a cultural tourism draw. Location: Kent Valley Loop Trail/parks along Green River 5 Page 16 KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2015 - 2019 2015 PROJECTS COSTS Projects 116,115 Community Art Project: KentArts/DIY 5,000 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Collection Maintenance and Programming 13,740 Opportunity fund (capital projects, strategic acquisition, 92,375 economic development) Administration/Maintenance 126,685 Total $242,800 2016 PROJECTS COSTS Projects 115,500 Capital Project artwork(s): Kent Valley Loop Trail 40,000 Portable Collection Purchases 12,500 Kent Arts DIY 5,000 Opportunity fund (capital projects, strategic acquisition, 28,000 economic development) Collection maintenance and programming 30,000 Administration/Maintenance 127,300 Total $242,800 2017 PROJECTS COSTS Projects 114,800 Capital Project artwork(s): Kent Valley Loop Trail 25,000 Opportunity fund (capital projects, strategic acquisition, 32,300 economic development) Portable Collection Purchases 12,500 i Kent Arts DIY 5,000 Collection maintenance and programming 40,000 Administration/Maintenance 128,000 Total $242,800 2018 PROJECTS COSTS Projects 114,800 Capital Project artwork(s): Kent Valley Loop Trail 20,000 Opportunity fund (capital projects, strategic acquisition, 37,300 economic development) Portable Collection Purchases 12,500 Kent Arts DIY 5,000 Collection maintenance and programming 40,000 Administration/Maintenance , 00 Total $24242,800 2019 PROJECTS COSTS Projects 112,800 Opportunity fund (capital projects, strategic acquisition, 55,300 economic development) Portable Collection Purchases 12,500 Kent Arts DIY 5,000 Collection maintenance and programming 40,000 Administration/Maintenance 130,000 Total $242,800 6 Page 17 Chapter 4.04 ART PROGRAM Sections: 4.04.010 Established. 4.04.020 Art account created. 4.04.030 Guidelines and procedures. 4.04.010 Established. A. The city art fund may be used for all costs for works of art, administrative costs of the city art program, and all costs of installation and maintenance. B. The city arts commission shall recommend the amount to be made available for the purchase of art, in consultation with city staff. The designation of projects and sites, selection, contracting, purchase, commissioning, review of design, execution and placement, acceptance, maintenance, sale, exchange, or disposition of works of art shall be recommended by the arts commission and staff, for approval by the city council, in accordance with the city art program guidelines. C. All works of art purchased and commissioned under the city art program shall become a part of a city art collection. The city art collection shall be developed, administered and operated by the arts commission with cooperation and support of the parks and recreation department staff. D. The works of art may be placed on public lands, integrated with or attached to a public building or structure, detached within or outside a public building or structure, or part of a portable collection or exhibit. E. Nothing in this chapter shall limit the amount of money the city may expend for art. (Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.020) i 4.04.020 Art account created. There is hereby established a city art account. Monies for the fund shall be received from: 1. Annual city budget. Two dollars ($2) per budget year for each city resident, based upon population data certified by the State Office of Financial Management. Budgeted, but unspent funds shall be maintained in the art fund, and carried forward at the end of each budget year. 2. Gifts, donations and grants. Private or public gifts, endowments, donations, bequests or other grants. 3. Other. Such other sources as may be available. Page 18 (Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.010) Cross reference(s) — Specific funds, Ch. 3.40. 4.04.030 Guidelines and procedures. A. Upon consultation with the city arts commission, guidelines and procedures shall be prepared by staff for the implementation of the city art program. Such guidelines and procedures shall be reviewed by the city arts commission annually, and recommendations shall be made to the city council for approval. B. A city art plan including a schedule and budget for all city art program projects shall be prepared and updated annually by the city arts commission and city parks and recreation department staff. The city art plan shall be reviewed and approved annually by the city council. (Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.030) Page 19 PARKS, RECREATION AND COMMUNITY SERVICES ® Jeff Watling, Director ^� Telephone: 253-856-5101 wnsHiNclon Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 26, 2015 i TO: Kent City Council Parks and Human Services Committee FROM: Alex Ackley, Superintendent of Parks Facilities SUBJECT: Lease Agreement with Verizon Wireless Lease Agreement for Rooftop Installation at Centennial Center MOTION: Move to recommend council authorize the mayor to enter into a lease agreement with Verizon Wireless to install wireless communications equipment for an initial monthly lease fee of $2,600.00, and to approve the expenditure of funds in the Parks Facilities Capital budget, subject to final terms and conditions acceptable to the parks director and city attorney. SUMMARY: Verizon Wireless is requesting authorization to install wireless communications equipment on the rooftop of the City of Kent Centennial Center, 400 W. Gowe St, Kent. Refer to attached Exhibit for details. As part of the lease agreement, Verizon Wireless will pay the City of Kent $2,600.00 per month. Subject to annual increases, for a term of ten (10) years, with an option to renew for an additional five (5) years. EXHIBITS: Lease Agreement BUDGET IMPACT: Budgeted revenue and expenses impact the Parks Facilities Capital budget. Page 20 Page 21 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is entered into on the date fully executed below, by and between the CITY OF KENT, a Washington municipal corporation ("Landlord"), and SEATTLE SMSA LIMITED PARTNERSHIP dba VERIZON WIRELESS, a Delaware limited partnership, with its principal address of180 Washington Valley Road Bedminster, New Jersey 07921 ("Tenant"), for a wireless communications facility located at 400 W. Gowe St. ("Centennial Rooftop"). BACKGROUND A. Landlord Is the owner in fee simple of a parcel of land located in the City of Kent, King County, Washington, legally described on the attached Exhibit A (the "Property") B. Tenant is in the communications business and desires to lease that portion of the Property as depicted on the attached Exhibit B, together with a nonexclusive access easement, as depicted on the attached Exhibit C. C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord that portion of the Property as depicted on the attached Exhibit B (the "Premises") together with a non-exclusive easement for ingress, egress and utilities over the adjacent real property as depicted on the attached Exhibit C (the "Access Easement"). This Lease is not a franchise nor is it a permit to use the City of Kent's rights- of-way. Any franchise or permit must be obtained separately from Landlord. 2. Term and Option to Renew. This Lease shall commence on the Effective Date (as defined below) (the "Commencement Date"), and end on the date that Is one day before the ten (10) year anniversary of the Commencement Date ("Expiration Date"). Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to renew this Lease for one (1) additional five (5) year period, subject to the adjustment of Monthly 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) calendar days before the end of the initial ten (10) year term. LEASE AGREEMENT AT CENTENNIAL ROOFTOP — Page 1 of 16 (Landlord: City of Kent; Tenant;Seattle SMSA dba Verizon Wireless) (2014) Page 22 3. Monthly Rent. a. Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of TWO THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($2,600.00), plus leasehold tax, if required by law, at a rate established by the State of Washington, currently 12.84%, beginning on the Commencement Date. Subsequently, the Monthly Rent and all taxes due shall be paid in advance, on or before the first day of every following month during the term hereof. All payments shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. b. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the Monthly Rent for any payment not paid within five (5) calendar days of when due, Any amounts not paid when due shall bear interest until paid at the rate of one percent (1%) per month. C. The Monthly Rent during years two (2) through ten (10) of the initial ten (10) year term, then for years two (2) through five (5) of the optional five (5) year renewal term thereafter, shall be increased effective as of each anniversary of the Commencement Date by an amount equal to four percent (4%). d. The Monthly Rent during the first year of the five (5) year renewal term will be adjusted to Market Rent. As used herein, "Market Rent" means the rent paid for similar uses on similar properties in the greater Puget Sound area. If Landlord and Tenant cannot agree upon Market Rent within thirty (30) days after Landlord presents its proposal for Market Rent, then the Lease shall terminate at the end of the then-current term. e. Monthly Rent, and all other consideration to be paid or provided by Tenant to Landlord shall constitute Rent and shall be paid or provided without offset. 4. Use of Premises. a. Tenant may use the Premises for the purpose of locating, maintaining, operating, and upgrading the wireless communications facilities depicted in Exhibit D ("Improvements"). Tenant shall use the Premises for no other purpose. b. Tenant shall, at its sole expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, radio frequency emissions, other radiation and safety) In connection with the use, operation, maintenance, construction and/or Installation of the Improvements and/or the Premises. 5, Tenant Improvements Plans Bonds. LEASE AGREEMENT AT CENTENNIAL ROOFTOP — Page 2 of 16 (Landlord: City of Kent; Tenant; Seattle SMSA dba Verizon Wireless) (2014) Page 23 '.. a. (1) Tenant may improve the Premises by constructing the Improvements as depicted in Exhibit D. Tenant is responsible to provide all labor, materials, and equipment necessary for the Improvements. Prior to commencing construction, Tenant shall submit plans and specifications drawn to scale for all Improvements to Landlord for Landlord's written approval, which approval shall not unreasonably withheld by Landlord. Construction, installation, or alteration of Improvements shall not be commenced until plans for such work have been approved in writing by the Landlord and all necessary permits have been properly issued. Landlord's Parks, Recreation & Community Services Department shall give such approval or provide Tenant with its requests for changes within thirty (30) working days of Landlord's receipt of Tenant's work plans. The plan and specifications review schedule described above 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, and Tenant shall pay all permit costs in addition to rent described in Section 3. (2) All Improvements shall be constructed in a workmanlike manner without the attachment of any liens to the Property and shall be completed in compliance with all permits, applicable laws, rules, ordinances, and regulations. If any lien is filed, such lien shall be removed from the Property or bonded over, per RCW 60,04.161, within twenty (20) days of the lien being recorded with the King County Recorder's office. (3) Tenant shall conform and comply with all local land use, regulatory, or building permit conditions issued by the City of Kent in connection with the construction, operation, or maintenance of Tenant's Improvements and the Improvements contemplated in this Lease. (4) No Improvements or modification to Improvements shall be made without the Landlord's reasonable consent. Moreover, any Improvements or modifications to Improvements are subject to the conditions set forth in section 5 (a)(1), (2), (3), and (4) above. (5) Tenant shall consult with Landlord to arrange a time It will conduct construction of any Improvements. Tenant agrees to adhere to the pre- arranged schedule for construction of Improvements. (6) Upon completion of the Improvements, Tenant shall remove all debris left from the installation of the Improvements, including any abandoned equipment left by Other Providers, at Tenant's own cost. b. (1) Tenant shall remove the Improvements from the Premises upon, termination of the Lease, unless Landlord determines that the Improvements may remain or Landlord consents to their non-removal pursuant to section 5(b)(4) below. Such removal shall be done in a workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Premises, including use of the Premises by Other Providers as described in Section 6(a), Landlord, or any of Landlord's assignees. LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 3 of 16 (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) (2014) Page 24 (2) Upon removal of the Improvements as provided above in section 5(b)(1), Tenant shall restore all affected areas of the Property, the Premises and the Access Easement, normal wear and tear excluded, to the reasonable satisfaction of Landlord. (3) All costs and expenses for the removal of the Improvements and restoration of the Property, the Premises and the Access Easement shall be borne by Tenant, and Tenant shall hold Landlord harmless from any portion thereof. (4) If Landlord determines that the Improvements may remain or Tenant requests permission to not remove all or a portion of the Improvements upon termination of this Lease, and Landlord consents to such non- removal, title to the affected Improvements shall be transferred to Landlord via bill of sale, at market rates, and shall become the sole and exclusive property of Landlord, and Tenant shall be relieved of its duty to otherwise remove them. Any personal property, equipment, or Improvements that are not removed upon termination of this Lease shall become the property of Landlord, at Landlord's option. C. Tenant shall annually post a bond (or, at Tenant's option, a letter of credit) from a surety or bank reasonably acceptable to Landlord, in the amount of Five Hundred Thousand Dollars ($500,000.00). Landlord may use these funds at the termination of the Lease for removal of all Improvements and repair of the Property, the Premises and the Access Easement should Tenant not comply with the requirements of this section. d. The roof of the Property is nearing the end of its life cycle and may require replacement during the Term of this Lease. In the event that Landlord determines it must replace the roof, upon Landlord's request, Tenant shall move or remove the Improvements at its own expense within a timeframe suitable to Landlord. Landlord agrees to provide Tenant reasonable notice of Landlord's intent to undertake roof replacement during any Term of this Lease. 6. Use by Other Providers. a. Tenant shall cooperate with each new other provider that Landlord leases to ("Other Provider") in connection with the Other Provider locating and placing its antennae and other facilities on the Premises and in the ancillary support facilities. b. Each new Other Provider shall be solely responsible for the cost of locating and placing its equipment on the Premises. The Other Provider shall also be responsible for any liabilities that arise from the Other Provider's use of the Premises. LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 4 of 16 (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon W(reless) (2014) Page 25 7. Net Lease. Landlord shall not be required to make any expenditures of any kind in connection with this Lease or to make any repairs or improvements to the Premises or Access Easement. The parties agree that this is a net Lease intended to assure Landlord the rent reserved on an absolute net basis. In addition to the Monthly Rent reserved above, Tenant shall pay to the parties entitled thereto all taxes, permit fees, assessments, insurance premiums, maintenance charges, and any other direct charges, costs and expenses against the Premises and Access Easement which may be contemplated under any provisions of this Lease. 8. Maintenance. a. Tenant shall, at its own expense, maintain the Premises, Access Easement, and all Improvements, equipment and other personal property on the Premises in good working order, condition and repair. Tenant shall keep the Premises and Access Easement free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. Tenant shall remove graffiti at its own cost within forty-eight (48) hours of receipt of notice to remove by Landlord. Landlord may remove graffiti at its own cost without notice to Tenant. Tenant shall install, maintain, and replace, when necessary, the proposed rooftop enclosure described in Exhibit D, at Tenant's sole expense and in accordance with any necessary City of Kent permits. b. In the event Landlord or any other tenant undertakes painting, construction or other alterations on Landlord's Property described in Exhibit A, Tenant shall take reasonable measures, at Tenant's cost, to cover Tenant's equipment, personal property or Improvements and protect them from paint and debris fallout that may occur during the painting, construction or alteration process. This requirement shall not be interpreted as a waiver of any claim Tenant may raise either against Landlord or any third party due to the Landlord or the third parties' negligence, so long as Tenant has taken reasonable measures to protect Tenant's equipment, property, and facilities as required above, 9. Access. Landlord and its agents shall have the right to enter the Premises at all times, to examine and inspect the Premises; provided, however, that in no event will Landlord, its employees, agents or contractors remove, relocate, alter, modify or otherwise tamper with Tenant's Improvements. Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises to address emergency issues. Tenant shall provide five (5) business days' notice to Landlord for access to the Premises for non-emergencies or regular maintenance. Tenant or Tenant's employees, agents, or contractors shall check in at Landlord's Facilities Department front counter prior to accessing the Premises during regular business hours of 8:00 a.m. to 5:00 P.M. 10. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. LEASE AGREEMENT AT CENTENNIAL ROOFTOP — Page 5 of 16 (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) (2014) ',. Page 26 III 11. License Fees. Tenant shall pay, as they become due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the Premises and Access Easement. 12, Approvals; Compliance with Laws. Tenant's use of the Premises and Access Easement is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate the Improvements in accordance with site standards, statutes, ordinances, rules and regulations now in effect or that may be issued thereafter by the Federal Communications Commission or any other governing bodies. 13. Interference. a. Tenant's installation, operation, and maintenance of the Improvements shall not damage or interfere in any way with Landlord's activities on the Property. Tenant agrees to correct, within thirty (30) calendar days, all such actions that materially interfere with Landlord's use of the Property. Tenant agrees to promptly commence good faith efforts to cure interference upon actual notice of such interference. If the interference cannot be corrected without Tenant's wireless signal coverage goals from the Premises being materially impaired, Tenant shall have the right to terminate the Lease. b. Before approving the placement of the Improvements, Landlord may obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Property. c. In the event that an Other Provider requests a lease from Landlord to place any type of antennae or transmission facility on the Premises, Landlord shall submit a proposal complete with all technical specifications reasonably requested by Tenant to Tenant for review for noninterference; however, Landlord shall not be required to provide Tenant with any specifications or information claimed to be of a proprietary nature by any third party. The Other Provider shall be responsible for the reasonable cost of preparing the technical specifications for its proposed transmission facility. Tenant shall have fifteen (15) calendar days following receipt of said proposal to make any objections thereto, and failure to make any objection within said fifteen (15) calendar day period shall be deemed consent by Tenant to the installation of antennae or transmission facilities pursuant to said proposal. If Tenant gives notice of objection due to interference during such fifteen (15) calendar day period and Tenant's objections are verified by Landlord to be valid, then Landlord shall not proceed with such proposal unless the Other Provider modifies the proposal in a manner determined, in Landlord's reasonable judgment, to adequately eliminate reasonable interference concerns asserted by Tenant. In that case, Landlord may proceed with the proposal. In the event the Other Provider actually interferes with the operations of Tenant, Landlord shall make good faith efforts to have the Other Provider cease operation until the interference can be eliminated. A governmental unit may be LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 6 of 16 (Landlord; City of Kent; Tenant.,Seattle SMSA dba Verizon Wireless) (2014) Page 27 '. allowed to place antennae or other communications facilities on the Premises as long as there is no interference with Tenant's use. 14. Default. It shall be a default if: a. Tenant defaults in the payment of Monthly Rent or any other sums payable to Landlord when due, and does not cure such default within fifteen (15) calendar days after written notice of default is sent by Landlord; b. Tenant abandons or vacates the Premises for a period longer than one hundred eighty (180) consecutive days; c. Tenant falls, at any time during this Lease (including optional renewal periods), to conform or comply with any local land use, regulatory, or building permit conditions issued by the City in connection with the construction, operation, or maintenance of Tenant's facilities contemplated in this Lease; d. Tenant is adjudicated as bankrupt or makes any assignment for the benefit of creditors; e. Tenant becomes insolvent; or f. Either party defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within thirty (30) calendar days after written notice from the non-defaulting party specifying the default at issue; provided, however, that neither party will be in non-monetary default under this subsection if it begins to cure the alleged default within the 30- day period and thereafter diligently prosecutes the cure to completion. i g. If Tenant fails at any time to maintain insurance as required in Section 22 of this Lease and Exhibit E. 15. Cure by Landlord. In the event of any default of this Lease by Tenant, Landlord may, at any time after the specified notice period has run, cure the default for the account of and at the expense of the Tenant. If Landlord is compelled to pay or elects to pay any sum of money or to do any act that will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or defending any action to enforce Landlord's rights under this Lease, the sums so paid by Landlord, with all interest, costs and damages shall be deemed to be Additional Rent and shall be due from Tenant to Landlord on the first day of the month following the incurring of the respective expenses. If Tenant disputes the appropriateness of the Additional Rent In good faith, Tenant will pay such Additional Rent "under protest". Any payment under protest by Tenant shall not be considered an admission of liability or a waiver of Tenant's rights under this Agreement, and such payment shall be subject to refund if Tenant's position is upheld by a court of competent jurisdiction. LEASE AGREEMENT AT CENTENNIAL ROOFTOP — Page 7 of 16 - (Landlord: City of Kent; Tenant: Seattle SMSA dba Vernon Wireless) (2014) Page 28 16. Optional Termination. Except for instances of default as set forth in Section 14, this Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of Tenant's business under this Lease or Tenant, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary; (b) by Landlord upon ninety (90) days prior written notice to Tenant, if Landlord decides, In its sole discretion for any reason, to discontinue use of the Premises for municipal or public purposes; (c) by Landlord if it determines through verifiable scientific evidence that continued use of the Premises by Tenant is in fact a threat to health, safety or welfare; (d) by Landlord if Tenant's use of the Premises violates applicable laws or ordinances; or (e) by Landlord if Tenant loses its license to provide PCS/cellular service for any reason, Including, but not limited to, non- renewal, expiration, or cancellation of its license. 17. Damaaes. In the event of an Instance of Tenant's default as identified in Section 14 or Tenant's optional termination in Section 16, Landlord shall be entitled to the amount of unpaid rent accrued through the date of termination; and liquidated damages in the amount of six (6) months rent. 18. Termination; Notice. Except as otherwise provided above in Section 16(b), any notice of termination pursuant to Section 16 shall be given to the other party in writing at least thirty (30) calendar days prior to the termination date in accordance with the provision of Section 28, 19. Damage or Destruction. If Tenant's Improvements or any portion thereof are destroyed or damaged so as to materially hinder effective use of the Premises through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) calendar days' written notice to Landlord. In such event, Tenant shall promptly remove all Improvements from the Premises as set forth in Section 5(b) above. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence, at which termination Tenant shall be entitled to the reimbursement of any Monthly Rent prepaid by Tenant. Landlord shall have no obligation to repair any damage to any portion of the Property, the Premises or the Access Easement. 20. Condemnation. In the event the Premises are taken by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. In the event a portion of the Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion of all damage awards, whether awarded as compensation for diminution in value of the leasehold or the fee of the Premises. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 8 of 16 (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) (2014) Page 29 of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing Its equipment, personal property, and Improvements. 21. Indemnity. a. Disclaimer of Liability: Except for the negligence or willful misconduct of Landlord, Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Property, the Premises, the Access Easement, and any Improvements made by Tenant. b. Indemnification: Tenant shall, at its sole cost and expense, indemnify and hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "Indemnitees"), from and against: (1) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, Incurred by or be asserted against the indemnitees by reason of any act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, Invasion of privacy, and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of Tenant's Improvements, Tenant's use of the Premises and Access Easement, or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. (2) Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided by or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the Premises, Access Easement, and Tenant's Improvements. Tenant shall cause such claim or lien covering Landlord's Property to be discharged or bonded per the requirements in section 5(a)(2) above. (3) Notwithstanding the foregoing, Tenant shall not indemnify, defend or hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses or expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), arising out of the Landlord's negligence or willful misconduct. LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 9 of 16 2)i4) (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) ( Page 30 C. Assumption of Risk: Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees all risk of dangerous conditions, If any, on or about the Property, the Premises and the Access Easement. Tenant's assumption of risk shall not apply to any latent defects or other dangerous situations, if Landlord knows or should know that defect or situation exists but has not disclosed that information to Tenant. d. Defense of Indemnitees: In the event any action or proceeding is brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, Tenant shall, upon notice from any of the Indemnitees, at Tenant's sole cost and expense, diligently resist and defend the same; provided, however, that Tenant shall not admit liability in any such matter on behalf of the Indemnitees without the written consent of Landlord and provided further that Indemnitees shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder, without the prior written consent of Tenant. e. Notice, Cooperation and Expenses: Landlord shall give Tenant prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section,21, Nothing herein shall prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's attorney, so long as the participation is coordinated with Tenant's attorney. Tenant shall pay all expenses incurred by Landlord in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses, such as the reasonable value of any services rendered by Landlord's attorney; the actual expenses of Landlord's agents, employees, or expert witnesses; and disbursements and liabilities assumed by Landlord In connection with such suits, actions or proceedings. Provided, however, these expenses shall not include attorneys' fees for services that are unnecessarily duplicative of services provided to Landlord by Tenant. 22. Insurance. Tenant agrees to comply with the insurance requirements of Exhibit E at all times during the term of this Lease. Any payment of deductible or self-insured retention shall be the sole responsibility of the Tenant. 23. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Premises and Access Easement will not generate any hazardous substance, and it will not negligently or intentionally store, or dispose, or transport over the Premises and Access Easement any hazardous substance in violation of any federal or state law. Tenant further agrees to hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of Landlord, its employees or agents. Similarly, Landlord warrants that the Premises and Access Easement are free of any LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 10 of 16 (Landlord: City of Kent; Tenant; Seattle SMSA dba Verizon Wireless) (2014) Page 31 hazardous substances and agrees to indemnify and hold Tenant harmless from the Landlord's negligent or intentional introduction of any hazardous substance by Landlord. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 24. Holding Over. Any holding over after the expiration of the Term of this Lease, with the consent of the Landlord, shall be construed to be a tenancy from month to month and rent shall be paid by Tenant at two times the Monthly Rent and shall otherwise be on the terms and conditions herein specified, so far as applicable. 25. Subordination to Mortgage. Any mortgage now or subsequently placed upon the Property of which the Premises are a part shall be deemed to be prior in time and senior to the rights of Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination within ten (10) days of written request by Landlord; provided that such documents include provisions by which Landlord's mortgagees agree that Tenant's use and quiet enjoyment of the Premises and Access Easement will not be disturbed so long as Tenant is not in default under this Lease. 26. Acceptance of Premises. With the exception of latent defects and any hazardous substance contamination existing prior to the Commencement Date, by taking possession of the Premises, Tenant accepts the Premises and Access Easement "AS-IS," in the condition existing as of the Commencement Date. Landlord makes no representation or warranty with respect to the condition of the Premises or Access Easement, or their fitness for any of Tenant's intended uses thereof, 27. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than thirty (30) days prior request by Landlord, deliver to Landlord a statement in writing certifying that (a) the Lease is unmodified and in full force (or If there have been modifications, that the Lease is in full force as modified and identify the modifications); (b) the dates to which rent and other charges have been paid; (c) so far as the person making the certificate knows, Landlord is not in default under any provisions of the Lease; and (d) such other matters as Landlord may reasonably request. 28. Notices. All notices, requests, demands, and other communications required to be sent pursuant to this Lease shall be in writing and shall be deemed LEASE AGREEMENT AT CENTENNIAL ROOFTOP — Page 11 of 16 (Landlord: City of Kent; Tenant.,Seattle SMSA dba Vertzon Wireless) (2014) Page 32 given if mailed, certified mail, return receipt requested, or by a nationally recognized courier service, to the following addresses: If to Landlord, to: Facilities Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 With a copy to: City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 I If to Tenant, to: Seattle SMSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate 29, Assignment and Subletting. a, Tenant shall not sublet all or any part of the Premises. Tenant shall not assign its interest in this Lease without Landlord's prior written consent, which will not be unreasonably withheld, Consent by Landlord to any assignment shall not constitute a waiver of the necessity of such consent to any subsequent assignment. This prohibition against any assignment or subletting shall be construed to include a prohibition against any subletting or assignment by operation of law. If this Lease Is assigned, Landlord may collect rent from the assignee, and apply the net amount collected to the rent and other obligations of Tenant hereunder reserved. Consent by Landlord to an assignment shall not be deemed a waiver or release of Tenant from the further performance by Tenant of the covenants on the part of Tenant hereunder contained. b. If Tenant is a corporation, partnership, or limited liability company, and if the control thereof changes at any time during the term of this Lease, then Landlord at its option may, by giving ten (10) days prior written notice to Tenant, declare such change a breach of this section unless Landlord has previously approved in writing the new controlling party or unless Landlord's approval is not required pursuant to Section 29.d, below. C. Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code, 11 USC §101, et seq., shall be deemed without further act to have assumed all of the obligations of Tenant arising under this Lease on and after the date of such assignment. Any such assignee shall, upon demand, execute and deliver to Landlord an Instrument confirming such assumption. Any monies or other considerations payable or otherwise to be LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 12 of 16 (Landlord: Clty of Kent; Tenant:Seattle SMSA dba verizon Wireless) (2014) '.......... Page 33 delivered in connection with such assignment shall be paid to Landlord, shall be the exclusive property of Landlord, and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Any monies or other considerations constituting Landlord's property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid to Landlord. d. Notwithstanding anything to the contrary in this Lease, Tenant shall have the right to assign this Lease without Landlord's consent to any of Tenant's partners or affiliates, provided Tenant notifies Landlord within thirty (30) days of such assignment. 30. Other Leases. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity who may be in competition with Tenant, or to any other party. 31. Successors and Assigns. This Lease shall run with the land and be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 32. Non-Waiver. Failure of either party to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but such party shall have the rights to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by Tenant to Landlord after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing. 33. Taxes. a. Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and assessments for the Premises and. Access Easement that are directly the result of Tenant's communication equipment, if any, which become due and payable during the term of this Lease. All such payments shall be made, and evidence of all such payments shall be provided to Landlord, at least ten (10) days prior to the delinquency date of the payment. Tenant shall pay all taxes on its personal property on the Premises. b. Tenant shall indemnify Landlord from any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (Including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against Tenant in relation to the taxes owed or assessed on Tenant's Property on the Premises. C. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for any portion of the property taxes and special assessments now imposed on property there is imposed LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 13 of 16 (Landlord: City of Kent; Tenant; Seattle SMSA dba Verizon Wireless) (2014) ',. Page 34 '.. a tax upon or against the rentals payable by Tenant to Landlord, Tenant shall pay those amounts in the same manner as provided for the payment of real and personal property taxes. 34. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. b. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this tease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction of any lawsuit arising out of the performance or obligations of this lease shall be in the King County Superior Court, Kent Regional Justice Center, Kent, Washington. d. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. e. Landlord covenants that Tenant, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy , the Premises, THIS LEASE IS EXECUTED and shall become effective on the last date indicated below (the "Effective Date"). LANDLORD: TENANT: CITY OF KENT SEATTLE SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS By: Cellco Partnership, its General Partner By: By: Print Name: Suzette Cooke Print N e: Brian Mecum — Its: Mayor Its; Area Vice President Network Date: Date: APPROVED AS TO FORM: Kent Law Department LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 14 of 16 (Landlord: Clty of Kent; Tenant: Seattle SMSA dba Ver/zon Wlreless) (2014) I Page 35 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 6ox- 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 LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 15 of 16 (Landlord: City or Kent Tenant: Seattle SMSA dba Verizon Wireless) (2014) Page 36 i i i State of Caiiforni-E )- - ss. County of Orange ) On before me, Notary Public, personally appeared Brian Mecum Area Vice Presid t - Network, who proved to me on the basis of satisfactory evidence to be tKe person whose name is subscribed to the within instrument and acknowle �ed to me that he executed the same in his authorized capacity, and that his signature on the instrument the person, or the entity upon behalf of hich the person acted, executed the instrument. I certify under PENALTY OF PERJURY under thaws of the State of California that the foregoing paragraph is true and correct./ WITNESS my hand and official seal. Signature of Notary Public I Place Notary Seal Above "NaA\FlI Fllea G3�[ellio�v.�4w5fs\VnliOn\VMiOn Lease yrin.tlo[ 1 i i LEASE AGREEMENT AT CENTENNIAL ROOFTOP — Page 16 of 16 (Landlord: City of Kent; Tenant;Seattle SMSA dba Verizon Wireless) (2014) Page 37 NOTARY ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Notary Public personally appeared On �� before me, Y p Y pP Brian Me um who proved to me on th�atisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he, executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea]. RU7H L.,t,llNGl PGION a ��y�; Cornmisslan °+7o70U44 L� >' e tvul,uy Publlu ballfolllla Oren go Oautlly My cmnm E; llo6 Jule 7,2010, Signature of Notary Public Plrce Notary Seal Above i Page 38 EXHIBIT A DEPICTION OF LANDLORD'S PROPERTY The land in the County of King, State of Washington, described as follows: Lots 4 through 12, inclusive, Block 8; and the East 20 feet of Lots 4, 5 and 6, Block 13, Yesler's First Addition to the Town of Kent, according to the Plat thereof Recorded in Volume 5 of Plats, Page 64, in King County, Washington; Together with that portion of Third Avenue vacated pursuant to Ordinance No, 2895 Of the City of Kent, lying southerly of West Gowe Street and northerly of West Titus Street. (A portion being known as Lots A and B of Lot Line No. LL-89-36 recorded January 24, 1990 under King County recording number 9001240759). LEASE AGREEMENT — EXHIBIT A (Landlord; City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) DW'1'24578191v10052051-000032 Page 39 EXHIBIT B DEPICTION OF PREMISES wW A�. (E)SUBJECT= ---..---- W aOWE ST -- _— PROPERTY LINE (TYP) - ----- (E) BUILDING (TYP) LESSEE'S (P) ; r APPROXIMATE `I ANTENNA LOCATION J, (P)APPROX. POWER& FIBER ROUTE ALONG (E)SCREEN WALL TO LEASE AREA may. APPROXIMATE LOCATION OF (P) POWER& FIBER SOURCE=` (P)450 SQ FT(15'X 30') WITHIN BUILDING BELOW o ILESSEE'S LEASE ART A (LOC. OF LESSEE'S UTILITIES) i j . 4 r..• i T7•„y. 7;nr / (E)TREE(TYP)- TAX IG NO.: sHEgT TI-c NAMs CPM PrsOJFCT¢10.: 7020 --•� st*>�._.._... 382570.0506 �: -i;�-° �� ::e.FA�.��T�r- LEASE AREA TAC RAMASAY sirs 4RK§s o ,az i< �� eo iai n PLAN EX. B 410 wGowssr ' sCALL rM stim,2or9 *W,,VIA 9 2 '.. LEASE AGREEMENT - EXHIBIT B (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) Page 40 EXHIBIT C LEGAL DESCRIPTION OF ACCESS EASEMENT ��1✓��� (E)AbJACENT— a F 6 I y PROPERTY LINE(TYP) E� (E)SUBJECT I� i i✓ PROPERTY LINE (TYP) APPROX, LOCATION OF ^LESSEE'S INGRESS/EGRESS W GGWE ST % FROM W GOWE ST _. e I .._.._. u P I I " ` I PY '_�``--APPROX. LOCATION OF \ I (E).LESSEE'S 12'-0".WIDE I ACCESS EASEMENT —(E)ASPHALT I ' i f PARKING LOT(TYP) ? ; YI ! �: ✓ /" I y � l,' rt!!f✓✓ ✓ r_////./f/�:lliY.�✓i.r!/M��� �/.✓/l%!%L/1!�l (E) BUILDING (TYP) --- — �- W TITUS S7 n� °'" � (E)TREE(TYP) . :CP.x&WO orNl rRNff,Y No.: r>r;l $KUTITLG siTewreg 982570-0b66 ,z�i , os� IP In LEASE AREA 7AC RAMASAY ari pgp I " Ia o a EX, C) ItFlJT"5vA 89032 - w Wes^ BrAtE:Nia 814E3;301*� LEASE AGREEMENT - EXHIBIT C (Landlord; City of Kent; Tenant; Seattle SMSA dba Verizon Wireless) Page 41 EXHIBIT D SCOPE OF WORK TO BE COMPLETED BY VERIZON WIRELESS 1. Proposed installation of wireless telecommunications facility on a rooftop. 2. Proposed Verizon Wireless outdoor RF equipment to be installed on a 12'-0" x 20'0" steel platform inside a 15'-0" x 30'-0" screen wall, matching € brick finish. 3. Antennas will be mounted on exterior of existing & proposed rooftop brick enclosure. 4. Proposed installation of 200A electrical and fiber service for Verizon wireless equipment. LEASE AGREEMENT — EXHIBIT D (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) Page 42 '.. i EXHIBIT E INSURANCE REQUIREMENTS Insurance Tenant shall procure and maintain, for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Tenant's operation and use of City of Kent facilities. A. Minimum Scope of Insurance Tenant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form at least as broad as CG 00 01 and shall cover premises liability, contractual liability, products-completed operations liability, and independent contractors liability. The city of Kent shall be named as an insured on Tenant's Commercial General Liability insurance policy using a form at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used.. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Minimum Amounts of Insurance Tenant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate, 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. C. Other Insurance Provisions The Insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability Insurance: EXHIBIT E (Continued) LEASE AGREEMENT - EXHIBIT E (Landlord; City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) Page 43 1. Tenant's insurance coverage shall be primary insurance with respect to the city of Kent. Any Insurance or self-insurance coverage maintained by the city of Kent shall be excess of the Tenant's insurance and shall not contribute with it. Tenant is contractually obligated to provide at least 30 days prior notice to owner in the event of cancellation of any coverage related to this contract. 2. Tenant's Insurance coverage shall be written on an Occurrence basis only. Claims made coverage is not acceptable. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII, E. Verification of Coverage Tenant shall furnish the City with original certificates and a copy of the additional insured endorsement, evidencing the insurance requirements of the Tenant. Landlord shall be named as an Additional Insured. F. Contractors Tenant agrees to ensure all Contractors, sub-Contractors, Consultants or other parties utilized by Tenant to perform work on city of Kent property are fully insured to the extent of coverage specified in this agreement. G. Waiver of Subrogation Tenant and Landlord hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises or Tenant's Improvements. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. H. Landlord's Property Insurance Landlord shall purchase and maintain during the term of the lease, all-risk property insurance covering all applicable city of Kent property. LEASE AGREEMENT — EXHIBIT E (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wlreless) Page 44 Page 45 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 7� ®4^ Fax: 253-856-6050 WASHINGT 0 Address: 220 Fourth Avenue S. '........ Kent, WA, 98032-5895 March 26, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Lori Hogan, Superintendent of Recreation & Cultural Services SUBJECT: Rental Agreement with Highline School District #401 for Camp Waskowitz 2015 Season MOTION: Move to recommend council authorize the mayor to sign the Highline School District #401 Rental Agreement to rent Camp Waskowitz for the 2015 summer resident camp for $41,040.00, subject to terms and conditions acceptable to the city attorney and parks director. SUMMARY: 2015 contract with Highline School District #401 to rent the Camp Waskowitz facility in North Bend, Washington for one week, from August 3 thru August 7, 2015. Children entering 5th, 6`" and 7t" grades in the fall of 2015 can sign up for this one week summer resident camp. Thirty-six volunteers act as counselors for the camp. EXHIBITS: Highline School District Rental Agreement BUDGET IMPACTS: This budgeted item impacts expenses in the Youth/Teen Camp Budget, account no. 1006234.4436. The revenue generated from program fees collected for this camp cover the entire rental fee costs. Page 46 Page 47 15-051 2/24/2015 Highline School District No. 401 Camp Waskowitz Rental Agreement 45505 S.E. 150"`St.,North Bend,WA 98045 Seattle—(425)277-7195 North Bend—(425)888-0681 Mailing Address: Camp Waskowitz; 15675 Ambaum Blvd. S.W,Burien,WA 98166 (206)631-7626 Applicant Kent Parks In Charge Julie Stanele Organization At Camp Address 525 Fourth Ave N Kent WA 98032 Phone (253)856-5030 Email Address: istanoleC�KentWA.aov Age of Est. Total Est. ' Campers Youth Girls Boys Adults:M F No.Campers 190 Arrival: Monday,August 3 2015 approx. 11:00 AM Lunch Date Time First Meal(Breakfast 8:00,Lunch 12:00,Dinner 5:30 Departure Friday,August 7 2015 n�approx.2:OOPM Lunch rz 11 00 AM Last meal(Breakfast,Lunch,Dinner) 75 - 124—$224.00 per person 125-149=$216,00 Per Person Cost Quote on Estimated Total: $ 212.00 per person 4 night(s) and 12 meal(s) Additional charges/fees: Total Charge $ _ �� Less Deposit $ -250.00 Date Certificate of Insurance received / / Amount Due $ Month/Day/Year CERTIFICATE OF INSURANCE: The lessee,at its own cost,shall maintain public liability insurance for bodily injuries (including sickness or death)and property damages in the minimum amount of$1,000,000 combined single limit per occurrence,and in the minimum amount of$2,000,000 in the aggregate Employers Liability(Washington Stop-Gap)in the amount of no less than $1,000,000 per accident for owned,non-owned and hired automobiles. Prior to using the site,the lessee shall furnish the Camp Waskowitz office with a Certificate of Insurance evidencing this coverage and naming the Highline School District as an additional insured and as the certificate holder. HOLD HARMLESS AGREEMENT: To the fullest extent permitted by law,the lessee releases and shall defend,indemnify and hold harmless the Highline School District and its directors,agents,employees,successors and assigns from and against all claims, damages,losses and expenses,direct and indirect,or consequential,including but not limited to costs and attorneys'fees incurred on such claims and in proving the right to indemnification,arising out of or resulting from the acts or omissions of the lessee or its agents and anyone directly or indirectly employed by them or anyone for whose acts they may be liable. POOL USE Any rental group using the pool is responsible for furnishing a qualified life guard while the pool is in use. A qualified life guard shall mean any person over 18 years of age,in good physical condition,having a current registered WSI,Red Cross or other approved lifeguard certification,and having no other duty to perform while in attendance at the pool. A copy of the certificate with current date must be submitted prior to pool use. Pool use shall be during daylight hours only(8:00 a.m.to 8:00 p.m.) Failure to comply with any of the rules will necessitate the closure of the pool. I have read and understand the rules and regulations listed on the back of this application and agree to abide by them. HIGfILINE SCHOOL DISTRTCT#401 Kent Parks Organization Organization By BY Signature Signature Date Date Please read the back side of this form Page 48 APPLICATION PROCEDURES Please Read Carefully 1. Deposit This agreement must be accompanied by a deposit 10%of the estimated total cost or$250.00,whichever is greater,in order to assure the reservation. Retain(1)copy for your records 2. Cancellation Policy • Notification of cancellation 60-90 days prior to scheduled date will result in loss of deposit. • Notification of cancellation 45-59 days prior to scheduled date will result in a charge of 25%of estimated cost. • Notification of cancellation 30-44 days prior to scheduled date will result in a charge of 50%of estimated cost. • Notification of cancellation 14-29 days prior to scheduled date will result in a charge of 75%of estimated cost. • Notification of cancellation less than 14 days prior to scheduled date will result in a charge of 100%of estimated cost. 3. Unless the Waskowitz District Office is notified of a decrease in the total number attending at least two work days before the first scheduled meal at Camp,the group will be charged on the basis of"Est.Total No. Campers"or actual number of Campers,whichever is higher. 4. Rates quoted do not include bedding,linen,recreation equipment,or audio-visual equipment, Provision of these are the responsibility of the renting group. Camp equipment or bedding may be provided at an additional charge. 5. A statement of charges will be sent to the lessee shortly after the rental period ends, Prompt payment should be made to Highline School District and sent to Hi hline School District 15675 Ambaum Blvd. S.W..Burien WA 98166. 6. The rates quoted by Camp staff are arrived at on the basis that the lessee will leave the Camp in the same order and in as 1, good condition as they found it on arrival. An added charge will be made if additional work must be done to ready the Camp for the next group. 7. The lessee will be held financially accountable for any damage to Camp equipment or facilities done by a member or members of the leasing group. , 8. Adequate adult supervision must be provided for all youth groups. It is suggested that a minimmn ratio for a mixed group of �I youth or teenagers should be 1 to 10. 9. Meal menus will be developed by Camp staff. Special requests should be arranged with the Head Cook at least 3 weeks prior to arrival. GENERAL RULES AND REGULATIONS It is requested that the"Person in Charge at Camp"go over the following regulations with his/her group before their arrival at Camp. He/she must see that all regulations are adhered to by members of his/her group. Further,it is proposed that the following general regulations will be observed: 1. Firearms,air rifles,pellet guns,slingshots,look alike weapons, alcoholic beverages,illegal drugs/substances etc,are not allowed on the grounds. 2. No smoking is allowed on Camp property. 3. No campfires will be set without permission of the Camp staff. 4. Thermostats will be regulated only by Camp personnel. 5. Absolutely no tampering with the fire protection sprinkler system or fire alarm boxes located in each cabin. 6. No material(i.e.towels,clothing,posters,etc.,should be hung over or near heaters or lights at any time. 7. Fire regulations state"No vehicles shall be parked in or near the vicinity of buildings". Vehicles are to be parked in the Camp parking lot only. 8. No Camp equipment,i.e.beds,gear boxes,mattresses,tables,chalkboards shall be moved without permission of the Camp staff. If moved,they are to be returned to the original location prior to departure. 9. Swimmers must obey pool regulations(posted at pool entrance). A pool key will be provided to the"Person In Charge". The pool must be kept locked when qualified life guard is not on duty. The pool is open June through August. 10. Meals are served family style or buffet style in the Dining Hall at 8:00 a.m., 12:00 noon,and 5:30 p.m. Dinners after 5:30 p,m.will result in an additional charge. it. Pets are not allowed on Camp property. 12. Guests of members of the lease group may not use the facility or will be charged as part-time users. 13. Walk only on established paths or trails. 14. No trees,plants or shrubs may be cut. 15. The Waskowitz phones are for our business purposes. Please provide your group with a cell phone number to use while at Waskowitz. Rev.6/08 Page 49 ® OATE IMMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 1 3/3/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME: COnnl Scott _ Alliant Insurance Services, Inc. PHONE 206-204-9140 _ Fnlc N 206-204-9205 720Olive Way, Suite 1700 INC,No,at) _- ( W Seattle WA 98101 ADDRESS:CSCOtt@alliant.com _ INSURER(SI AFFORDING COVERAGE NAICN _ INSURER A:Princeton Excess&Surplus 10786 INSURED KE583802 INSURER B. _ City Of Kent INSURER C: _ 220 Fourth Avenue South Kent WA98032-5895 INsuRERD: INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: 1314457343 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR ADDL SUBIR - POLICY EFF rypE OF INSURANCE POLICY EXP LIMITS LTR INSR Me POLICY NUMBER MMIDDIYYNY MMIDD/YYYY A X COMMERCIAL OENERALLIABILITY W-A3-RL-000D069-04 1/1/2015 1/112016 EACH OCCURRENCE $5,000,000 � DAMAGE TO RENTED _ CLAIMS-MADE , OCCUR PREMISES ff.occurreacel 5 _ _ _MED EXP(Any one person) S - PERSONAL&ADV INJURY $ GENT.AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE _$ POLICY El PRO ❑ LOG PRODUCTS-COMPIOP AGG_ $ JECT DINER', $ A AUTOMOBILE LIABILITY Nt-A3-RL-0000069-04 1/112015 ;11112016 Ea accident $1,111,01, X ANY AUTO I{ BODILY INJURY(Per person) $ j ALL LOWNED _ SCHEDULED BODILY INJURY(Peraultlenl) $ NON-OWNED PROPERTY AMAGE $ , HIREDAUTOS AUTOS _(Peraccidentl _ S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE (AGGREGATE $ DEO RETENTION$ $ WORKERS COMPENSATION _ STATUTE ER H- '.. AND EMPLOYERS'LIABILITY YIN( ANY PROPRIETORJPARTNERIEXECUTIVE ❑''NIA EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDEDP (Mandatary In NH) E.L.DISEASE-EA EMPLOYE $ _ If yes,describe under DESCRIPTION OF OPERATIONS below 6.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD HIM,AddiEonal Remarks Schedule,maybe attached if more space is required) RE: Use of the facilities of Camp Waskowitz the week of August 3-August 7,2015. Camp is for up to 160 children going into the 5th, 6th and 7th grades Fall 2015. Staffed by 36 volunteers. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Highline School District No 401 ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Carey Gannaw 15675 Ambaum Blvd SW AUTHORIZED REPRESE ATIVE Burien WA 98166 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Page 50 Page 51 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 440 Phone: 253-856-5100 • Fax: 253-856-6050 N'147KENT WAS KING-0N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 26, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Brian Levenhagen, Parks Planning and Development Planner SUBJECT: Goods and Services Agreement with Fountain Works LLC for Fountain Equipment at Town Square Plaza MOTION: Move to recommend authorizing the Mayor to sign the goods and services agreement with Fountain Works LLC in the amount of $47,719.01, including Washington State Sales Tax, to purchase and deliver equipment to repair the fountain at Town Square Plaza, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The 40 lights that light up the individual fan-shaped spray heads embedded in the concrete around the granite ball at Town Square Plaza have reached the end of their useful life. They are being replaced with a new style of light, along with new fountain spray heads. These new parts will upgrade the performance, durability, and water efficiency of the fountain in addition to accomplishing needed life cycle maintenance. This agreement is to purchase the required parts, so that repairs & installation can be performed by Parks Department staff to keep the fountain operational. EXHIBITS: Goods & Services Agreement, Sole Source Memo BUDGET IMPACTS: Budgeted in the Parks Lifecycle Budget in the general fund budget. Page 52 Page 53 1_,4KENIT wns" xarax � '.. GOODS & SERVICES AGREEMENT between the City of Kent and Fountain Works LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Fountain Works organized under the laws of the State of Texas, located and doing business at 7126 Oaklawn Drive, San Antonio, TX 78229 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: As Described in Exhibit A, attached: Provide and ship new lights, sprayheads, and fittings for the ground-embedded fountains at Town Square Plaza in Kent, Washington. No labor is included in this agreement. i Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services within 60 days of the latest signature date on page seven of this agreement. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Forty- seven Thousand, Seven Hundred Nineteen dollars and Seventy cents ($47,719.70), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: i GOODS &SERVICES AGREEMENT- 1 (Over$10,000,00, Including WSST) _... __ Page 54 Vendor will send a single invoice If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not In dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade; occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS &SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) Page 55 i E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings "! of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3).not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth In subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000,00, including WSST) Page 56 CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: i 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In GOODS & SERVICES AGREEMENT- 4 (Over$10,000,00, including WSST) i Page 57 the event any part of the goods are repaired, only original replacement parts shall be used— rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work, The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement, XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees,, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of-defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that GOODS &SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) Page 58 purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MXSCELLANE®US PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires, its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under.Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a. duly authorized representative of \ the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS &SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) Page 59 H. Compliance ith Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) 'I, DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Michael Perry Brian Levenhagen Fountain Works City of Kent 7126 Oaklawn Drive 220 Fourth Avenue South San Antonia, TX 78229 Kent, WA 98032 (210) 858-8903 (telephone) (253) 856-5116 (telephone) michaei@fountain-works.com bjlevenhagen@kentwa.gov APPROVED AS TO FORM: Kent Law Department I P:\Planning\lawn Square Plaza\2015 Town Square Fountain Repair-COWMMdocz GOODS &SERVICES AGREEMENT- 7 (Over$10,000.00, including WSST) Page 60 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. i By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 I Page 61 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, i i I I EEO COMPLIANCE DOCUMENTS - 2 of 3 Page 62 II�, I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime 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. By: For: Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 of 3 III Page 63 EXHIBIT A I o � a oo ® o11IRIRR I v p o ® Ow cn P% NN A (9 N - N Ill +•I N jp In N t0 N M M V N O iA Vt U 0 0 0 0 fC ® o N b G o Q N H L O O O N 0) .®W M 0. M f� c^-I 0'1 iPr J3 WY 01 s 3 v m V � � Y u 'o B � 41+ ao p d a T � S N 0 fQ N 10 ti r0. a a' a a a a � .� •m a 00000 � � d• V d' d• ti i� � � cad I �� u � � •C y O �--+ it O O E bb 0,, '0 u u 9 bn cd cu 0 . O c N 4-+ 'd jp V 4 a x Z y G . f0 p A `m .�+ N w i U C E (AL (a � m tR L in ¢ as y m My a '� oo z a � Y 3 m G L m C Cy o r+ J v m = m a p "q3 Lo 5 N N 9 ` L a N M Z Z a i Page 64 EXHIBIT INSURANCE REQUIREMENTS FOR SERVXCE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an Insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. & Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after Page 65 EXHIBIT B (Continued) thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i i Page 66 Page 67 CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES Jeff Watling, Director J 220 4K Kent, WA nue South NT nWA 8032 w.snixo4e r Phone: 253-856-510 P0 arksrecreatlon@ke ntwa.gov Memo DATE: March 13, 2015 TO: Mayor Suzette Cooke FROM: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Waiver of.Procurement Requirements for Town Square Plaza Fountain Parts REFERENCE: Section 3.70.080 Kent City Code, Number 1.1.11 City of Kent Administration Policy FUNDING: Parks Lifecycle Budget The Parks Department is asking for a written determination waiving the procurement requirements allowed in the Section 3.70.080 Kent City Code and City of Kent Administration Policy Number 1.1,11, specifically for purchases between $10,000 to $50,000 for the city's contracts with a vendor providing fountain parts to perform Lifecycle replacement and upgrades to the fountain at Town Square Plaza. Contracts in the amount of $10,000 - $50,000 require telephone or written bids under City of Kent Administrative Policy 1.1. This city policy requires that before the city can enter into a contract for materials, supplies, equipment, or non-professional or'non-consultant services, the cost of which will be between $10,000 - $50,000, city staff must obtain at least 3 telephone or written quotes. However, because the fountain at Town Square Plaza required heavy field modifications during installation of an already proprietary fountain design there are only two companies that have the ability to provide the Parks Department with the necessary parts for our• specific fountain. 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. Thank you. Approved: D u tt . oke, Mayor e j Page 68 Page 69 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Z 440� ® Fax: 253-856-6050 KEN WASH NO Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 26, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Garin Lee, Park Operations Superintendent SUBJECT: Public Works Agreement with Pacific Ace LLC for Sport Court Repair and Resurfacing at Garrison Creek Park and West Fenwick Park Fpublic : Move to recommend council authorize the mayor to sign the orks agreement with Pacific Ace LLC for $30,737.75 to repair ande miscellaneous sports courts within the parks system, subject toms and conditions acceptable to the parks director and city. SUMMARY: The purpose of this contract is to repair and resurface two tennis courts at West Fenwick, one tennis court at Garrison Creek and the basketball court at Garrison Creek. Each of these courts has not been resurfaced or repaired in 9 or more years. This maintenance work will preserve and enhance the playability of the courts for park patrons. EXHIBITS: Public Works Agreement BUDGET IMPACTS: Budgeted in Park Lifecycle in the Parks Capital budget Page 70 Page 71 Y06G ltl ■ wAS"Ixo.o� PUBLIC WORKS AGREEMENT between City Of Kent and Pacific Ace LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Pacific Ace LLC organized under the laws of the State of Washington, located and doing business at 3613 NE 36th Ave, Vancouver, WA 98661, P: 503- 320-8276, and Alex Havens (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Repair and resurface the sport court surface at Garrison Creek Park located at 9615 South 218th Street, Kent, WA 98031, and West Fenwick Park located at 3824 Reith Road, Kent, WA 98032. Specicifiations attached and incorporated as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I within [90 days ]. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Thirty Thousand Seven Hundred Thirty Seven Dollars and Seventy Five Cents ($30,737.75), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$35K, and No Performance Bond) Page 72 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final fifty percent (50%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 2 (Over$1OK, under$35K, and No Performance Bond) Page 73 E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed PUBLIC WORKS AGREEMENT - 3 (Over$1OK, under$35K, and No Performance Bond) Page 74 with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is .asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an PUBLIC WORKS AGREEMENT - 4 (Over$IOK, under$35K, and No Performance Bond) Page 75 invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable, When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. PUBLIC WORKS AGREEMENT - 5 (Over$1OK, under$35K, and No Performance Bond) Page 76 The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by PUBLIC WORKS AGREEMENT - 6 (Over$IOK, under$35K, and No Performance Bond) Page 77 filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section 1, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$35K, and No Performance Bond) Page 78 J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Alex Havens Justin Oliver Pacific Ace LLC City of Kent 3613 NE 36" Ave 220 Fourth Avenue South Vancouver, WA 98661 Kent, WA 98032 (530) 320-8276 (telephone) (253) 856-5135 (telephone) [Insert Fax Number] (facsimile) (253) 856-6120 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this eels,you may enter the electronic fllepoth where the contract has been saved] PUBLIC WORKS AGREEMENT - 8 (Over$10K, under$35K, and No Performance Bond) Page 79 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 i Page 80 CITY OF (CENT 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 Page 81 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Page 82 ACIFIC Act LLC 36`13 NEx6 Surfacing Solutions " „ �s www.pacificace.net Alex Havens ' PRESIDENT f "_ 503.3 DATE: 2/23/2015 CUSTOMER: Kent Parks and Recreation Attn: Justin Oliver 220 fourth Ave S Kent, WA 98032 206-883-1658 joliver@kentwa.gov . I STA'LL;DAT�: Alex Havens Garrison Creek/West Fenwick Park ':, 25%down!Full Comp Summer 2015 ITEM NO r;'. t . ., :.e,gESCR =FU[1ITPRI F IT;a,X 3 Plexipave Athletic Surfacing System Garrison Tennis I Bball) 1 5125.00 15,375.00 Preparation-Pressure wash, Crack fill, Depression fill Sand irre ularities to level Use Tungsten Carbide sanding disc to remove all delaminating paint 1 Coats Acrylotex Coarse Grit 1 Coat Acrylotex Fine Grit Standard Tennis/High School Basketball Lines 1 Seal Coat,2 Textured white Colors to be announced 1 Riteway Crack Repair System(W.Fenwick park) 1800.000 1,800.00 To be applied and color matched for 100 L. Ft. @$18 per ft. Fill Cracks and level apply microfiber tape overfilled crack apply 20"fiber mesh over microfiber tape with acr/poly mix apply 6"fiberglass to either side with acr/poly mix 2 slurry coats to match existing colors 2 Plexipave Surfacing system (Fenwick) 5448.00 10,896.00 Pre : Pressure wash, Crack fill, Depression fill (Apply Ritewa - as listed above)sand all irregularities 1 Coat Acrylic Resurfacer 2 Coats Fortified Plexi ave Standard Tennis Lines 1 Seal Coat,2 Textured white Price difference for blues and purple Thank youfor the inquiry SUB TOTAL: 28,071.00 SALES TAX: 2,666.75 GRAND TOTAL: 30 737.75 BY: PACIFIC ACE LLC ACCEPTED DATE Page 83 EXHIBIT INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute,endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. EEO COMPLIANCE DOCUMENTS - 4 Page 84 EffH.rBXT B (CON7" !/ED ) 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i EEO COMPLIANCE DOCUMENTS - 5 Page 85 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 40 Phone: 253-856-5100 ® Fax: 253-856-6050 KENT wne HIR07CH Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 26, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Access to Recreation Donation MOTION: Move to recommend council accept the donation of $10,005.40 from Access to Recreation scholarships through the Kent Parks Foundation, amend the budget and authorize expenditures in the general fund budget. SUMMARY: It has been the goal of the city's "Access to Recreation" initiative to ensure that every youth residing within the City of Kent has full access to a wide variety of recreational opportunities regardless of family income or ability to pay. Since its inception, the city has funded this initiative at $50,000.00 per year. The Kent Parks Foundation has reached out to the community to seek additional funds that will help further the extent of this city initiative. Thanks to the individuals, businesses and service clubs in our community who pledged a five-year commitment to Access to Recreation, and those that donated to the annual gifting letter, this worthy program is supported each year. In 2014, the total number of Access to Recreation scholarships awarded was $48,996.76, which funded 1,491 scholarships for youth and families to take part in recreation programs, leagues and camps. EXHIBITS: None BUDGET IMPACTS: New revenue impacts the Access to Recreation budget in the general fund. Expenses charged to Youth and Teen programs, Adaptive Recreation programs for children, Recreation classes for children and Youth Sports Leagues Page 86 Page 87 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 • Fax: 253-856-6050 KENT WA s"' N°-°N Add ress: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 26, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: Director's Report MOTION: None SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will inform the committee of noteworthy information and upcoming events. EXHIBITS: None BUDGET IMPACT: None T Parks and Human Services Committee Meeting Councilmembers: Deborah Ranniger, Chair • Dennis Higgins • Brenda Fincher March 26, 2015 - 5:00 p.m. Roll Call Changes to Agenda Item Description Action Speaker(s) Minutes Page 1. Approve minutes dated February 26, 2015 YES Council n/a 01 2. 2015 City Art Plan and Five-Year Plan YES Ronda Billerbeck 05 09 2015 - 2019 3. Lease Agreement with Verizon Wireless YES Alex Ackley 05 19 for Rooftop Installation at Centennial Center Building 4. Rental Agreement with Highline School YES Lori Hogan 05 45 District #401 for Camp Waskowitz 2015 Season 5. Goods and Services Agreement with YES Brian Levenhagen 05 51 Fountain Equipment LLC for Fountain Equipment at Town Square Plaza 6. Public Works Agreement with Pacific Ace YES Garin Lee 05 69 LLC for Sport Court Repair and Resurfacing at Garrison Creek Park and West Fenwick Park 7. Access to Recreation Donation YES Jeff Watling 05 85 8. Director's Report - INFO ONLY NO Jeff Watling 05 87 Unless otherwise noted, the Parks and Human Services Committee meets the 4th Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032 For additional information or questions, please contact Teri Petrole at (253) 856-5101 / tpetrole(a kentwa.gov Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388 Page 1 O T i'JievYPI GYOM Parks and Human Services Committee Meeting Minutes Council members: Deborah Ranniger, Chair e Dennis Higgins a Brenda Fincher Director Jeff Watling February 26, 2015 - 5:00 p.m. Call to Order: Committee Chair Debbie Ranniger called the meeting to order at 5:00 p.m. Roll Call: Chair Debbie Ranniger, Committee members Dennis Higgins and Brenda Fincher Changes to agenda: None 1. Minutes Dated January 22, 2015 - Approve Committee member Fincher MOVED to approve the minutes dated January 22, 2015. Committee member Higgins SECONDED. The motion PASSED 3-0. 2. King Conservation District Grant Agreement for Green Kent Partnership Hope Gibson, Manager of Parks Planning and Development reported that staff applied for and received a $55,827.00 grant from the King Conservation District to continue implementation of the Green Kent Partnership for 2015-2016. Specifically, this grant will fund the Green Kent Steward Lead, a Green River Natural Resources intern and allowable mileage reimbursement, regional support through Forterra, contracted crew time and an offset for the Special Programs Manager's time overseeing the project. Manual labor of the volunteers equals 136,000 worth of labor. Committee member Higgins stated that he is pleased with the results of the Stewardship program in Clark Lake Park. He offered special consideration to Victoria Andrews and her management efforts. Committee member Fincher said, without the volunteers, the city would lose the partnership with Green Kent. Committee member Higgins MOVED to recommend council authorize the mayor to accept the Green Kent Partnership grant from the King Conservation District in the amount of $55,827.00, to amend the budget and authorize expenditure of grant funds subject to the grant terms and conditions, and to sign all necessary documents, subject to the terms and Page 1 Page 2 Page 3 conditions acceptable to the parks director and city attorney. Committee member Fincher SECONDED. The motion PASSED 3-0. Fincher reported that the King Conservation District's 2015 Board of Supervisors election is now open. Participating in the election is a way to demonstrate your support for natural resource conservation. The online poll is open through Tuesday, March 10. See the election page for detailed information: www.kingcd.org/election- vote.htm. Fincher added that King County is offering to conduct basic soil nutrient tests for residents. The link to this information is on the main web page. King County is also active in addressing food system issues by protecting agricultural land, promoting fresh food consumption and supporting local food and farm-based business to improve the health of the local food economy. 3. Consolidated Annual Performance Evaluation Report Dinah Wilson, Human Services Planner explained that the 2014 Consolidated Annual Performance and Evaluation Report (CAPER) for the City of Kent, Washington is a report to the U.S. Department of Housing and Urban Development (HUD) on the City's activities and accomplishments using Community Development Block Grant (CDBG) and other funds. The report is required by HUD annually and must be submitted by March 31 of each year. The report includes information on how CDBG funds were used to further the goals and strategies of the Consolidated Plan, as well as other activities executed by the City. The motion statement was revised to include "subject to the terms and conditions acceptable to the parks director and city attorney." Committee member Higgins MOVED to recommend council approve the 2014 Consolidated Annual Performance and Evaluation Report and authorize the mayor to submit the report to HUD, subject to the terms and conditions acceptable to the parks director and city attorney. Committee member Fincher SECONDED. The motion PASSED 3-0. 4. 2015 Washington State Slo-pitch Umpires Agreement Lori Hogan, Superintendent of Recreation and Cultural Programs reported that participating teams in the City of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play. Each year, up to 180 teams play in league games covered by the Washington State Slo- pitch Umpires Association Agreement. As a result, the 2015 contract will likely exceed $35,000.00. Hogan was asked how many umpire associations are in the area and responded around six. Committee member Fincher was impressed with 180 teams participating in the league. Watling added that this number does not include tournaments. Committee member Higgins MOVED to recommend council authorize the mayor to sign a goods and services agreement with Washington State Slo- Page 2 Page 4 pitch Softball Umpires Association in an amount not to exceed $40,000.00 for the 2015 season umpire coverage, subject to final terms and conditions acceptable to the parks director and the city attorney. Committee member Fincher SECONDED. The motion PASSED 3-0. 5. Land O' Frost Youth Sports Programs Donation Superintendent of Recreation and Cultural Programs Lori Hogan stated that the city has been in a relationship with Land 0' Frost for thirteen years. The Land 0' Frost Youth Sponsorship Program provides funds to local communities to help offset some of the costs associated with organizing and operating their youth sports programs for children up to 10 years old. Land 0' Frost youth sponsorships began in 2002, and since that time, has grown to include more than 300 leagues, 12,500 teams, and 125,000 players. Since its inception, the Land 0' Frost Youth Sponsorship Program has sponsored over one million players. The $19,000 donation will fund sponsorships for youth programs for the 2015 season. Hogan stated that Kent has been the recipient of some of the biggest donations from the Land 0' Frost National Sponsorship Program. Motion: Committee member Fincher MOVED to recommend council authorize the mayor to accept the donation from the Land O' Frost 2015 Youth Sports Sponsorship Program in the amount of $19,000.00, to amend the budget and authorize the expenditure of funds subject to the donation agreement terms and conditions, and to sign all necessary documents, subject to terms and conditions acceptable to the parks director and the city attorney. Committee member Higgins SECONDED. The motion PASSED 3-0. 6 King County Youth Sports Facilities Grant Agreement for Play Equipment at Kent Memorial Park Brian Levenhagen, Parks Planning and Development Planner said that staff has a long history and partnership with King County and receiving the Youths Sports Facility grant, including Green Tree Park, West Fenwick Park and Service Club Ballfields. Staff applied for and received a $75,000.00 Youth Sports Facilities Grant from the King County Department of Natural Resources Parks Division for renovation of the play area and installation of a wiffleball field at Kent Memorial Park. The existing playground at the park was installed in 1997. A number of play elements have broken and been removed. A new playground, in conjunction with the addition of a wiffleball field, will make Kent Memorial Park a unique destination playground for children who enjoy playing sports, while still offering more traditional play opportunities like climbing, swinging, spinning, running and jumping in the re-developed play area. Grant funds will leverage the purchase of the play equipment. Installation will be this summer. Page 3 Page 5 Committee member Higgins MOVED to recommend council authorize the mayor to accept the Youth Sports Facility Grant from King County in the amount of $75,000.00, to amend the budget and authorize expenditure of the grant funds subject to the grant terms and conditions, and to sign all necessary documents, subject to the conditions acceptable to the parks director and city attorney. Committee member Fincher SECONDED. The motion PASSED 3-0. 7 2014 Fourth Quarter Report and Contributions Report - INFO ONLY Jeff Watling, Director of Parks, Recreation and Community Services highlighted division programs and services, as well as all in-kind, and/or cash contributions received during the fourth quarter of 2014. Watling noted the inclusion of a more detailed report in the Housing and Human Services section, as requested by the committee. Participation and use of our parks and facilities continues to be in high demand, but this high use is putting pressure on our aging facilities. Kent Commons was built in 1978 and receives an average of over 270,000 visits per year. The Facilities division staff is valued for keeping the building safe and welcoming and the Recreation staff is appreciated for providing such popular programs and services. It is always a privilege to report on the contributions we receive each quarter from our advocates and partnerships. The city has numerous partners and proof of that support is every quarter we bring the total number of contributions to the committee. During the fourth quarter of 2014, over $24,000 was donated in cash and in-kind materials. Committee member Fincher commented that one program that is close to her heart is the women's shelter, which is partially supported by the city. She announced that, for the first time, the women's shelter is open for six months out of the year. Watling said, that means an extra month of sheltering and an extra month of meals for homeless women. In that, there are partnership opportunities for the community to provide meals to the shelter. Fincher thanked the city for the funding support and the community for providing meals. i a. Director's Report Jeff Watling, Director of Parks, Recreation and Community Services, informed the committee of noteworthy information and upcoming events. Green River Lower Russell Levee Project Watling reported that the Lower Russell Levee Design Project is well underway. The project location is about 1 1/4 mile roughly from Veterans Drive up to 212th and includes Van Doren's Park, the pedestrian bridge over to River View Park, Puget Power Trail and the Green River Trail. This area contains some very important public assets. Page 4 Page 6 Kent hosted a tour of the Green River levee project last Friday. Triangle and Associates, a consultant firm hired by the King County Flood District to manage discussions with this key design, facilitated the tour. The tour was very productive with forty people in attendance. Watling wanted to bring to the attention of the committee, the ongoing discussion and admittedly the challenge of making sure that we reinforce that people are an important component of that corridor. Watling spoke at the tour, emphasizing the commitment of the mayor, council and prior councils since the seventies and the vision that has been in force with countless acquisitions. Roughly, 70% of the eastern bank of the Green River Corridor is owned by the city. A lot of that ownership is conditioned upon public use. He feels this is an opportunity to make sure the property is performing as well for the habitat as that for the people - adding that it needs to be welcoming and safe for the users. The design work is critical. Staff will continue to work with Public Works and reach out to the resource agencies. There is mixed opinion as to how much of this public space, as well as the Green River Natural Resource Area, should be allowed for flood plain or habitat. Parks is seeking an approach of balance. This is very much a levee project and flood protection. He wants to see the levee and the flood protection be the primary goal, but keep the interest and intent for public use. Parks is trying to bring balance to the trail with the current benefits of habitat, flood plain and recreational use that exists along this corridor. He wants them seen as equal priorities. Committee member Higgins spoke with Regan Dunn and Chief of Staff Tom Goff after the tour. They indicated a follow up discussion will occur with him and the city. Higgins said they sounded much more optimistic on this particular stretch of levee. He is interested in feedback from the King County Flood District. He felt the tour left a great impression on the stakeholders of all the work Kent has done along the entire stretch of the Green River, especially since it was, perhaps, not well known to the group. He feels a compromise is possibly growing. Higgins also voiced his appreciation of what Director Watling has done. Committee member Fincher remarked on the positive comments she heard at the tour. During the tour, it was important that the group witnessed families coming out from the housing development and using the trail, as well as the users at the Green River Natural Resource Area. Hopefully, many of the attendees are now realizing it doesn't have to be one or the other. We have to be able to consider all ends. Awning on First Avenue The awning that is located on First Avenue at Rosebed Park will be dismantled in the next week or two. Public Works is managing the project. Kent Downtown Partnership (KDP) and Park Operations staff removed the historical pictures from the awning. They are in safekeeping with KDP. Page 5 Page 7 Parks and Recreation Commission The Parks and Recreation Commission met two times. Annie Saurwein was appointed Chair and Tanda Topps was appointed Vice-Chair. The commissioners are getting information on the Park Plan Update and the new performance-based LOS approach by staff. The group discussed the aging park system and two tours will be set up for the commissioners in March/April. Jeff invited the council committee to attend the tours. Riverbend Golf Complex Task Force The first meeting of the Riverbend Task Force is after the Parks and Human Services Committee meeting. They will discuss helping staff with transition planning on the new training facility and prioritizing capital reinvestment needs. City 125th Anniversary Committee member Higgins announced that the Lodging Tax Advisory Committee set aside some funds for the city's 125th anniversary celebration. Jeff reported that the planning committee has been meeting regularly and have reached out to the community members with the promotion. The committee decided on a campaign that will weave the celebration throughout all city events in 2015, such as the Fourth of July Splash, Cornucopia Days and the Summer Concert Series. The Mayor will launch the plan next Wednesday on March 4, at her State of the City Address. The official roll out is the week of March 23. The committee is putting together a kit to be offered at community events. Per information from Committee member Higgins, Watling will work with Finance on a request to the Lodging Tax request for the designated funds. Chair Ranniger adjourned the meeting at 5:50 p.m. Respectfully submitted, Twi Petraee Teri Petrole Council Committee Recorder Page 6 Page 8 Page 9 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director ® Phone: 253-856-5100 Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. '.. Kent, WA. 98032-5895 March 26, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager SUBJECT: 2015 City Art Plan and Five-Year Plan 2015 - 2019 MOTION: Move to recommend council approve the 2015 City Art Plan and Five-Year Plan 2015 - 2019, subject to terms and conditions acceptable to the parks director and city attorney. SUMMARY: The attached City Art Plan details projects for 2015 and lists art expenditures planned for 2015-2019 as part of the 5-year plan. The Visual Arts Committee worked with staff to craft the plan which was approved by Kent Arts Commission on March 10, 2015. Please review the attached document for details. EXHIBITS: 1) 2015 City Art Plan and 5-Year Plan. 2) Ordinance 2552 BUDGET IMPACT: Budgeted funds in the Public Art Program budget in the general fund i i i Page 10 Page 11 CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission i 2015 CITY ART PLAN FIVE YEAR CITY ART PLAN, 2015 - 2019 Ordinance 2552 Approved: Visual Arts Committee March 10, 2015 Kent Arts Commission March 10 2015 City Council Sub-Committee: City Council Page 12 CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2015 CITY ART PLAN NEW PROJECTS 2015 Budget Community Art Project: KentArts/DIY(Do It Yourself) 5,000 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Collection Maintenance and Programming 13,740 Capital Project artwork(s): Opportunity fund (capital projects, strategic art acquisition, economic 92,375 development) TOTAL 2015 BUDGET FOR 19026223.66500.4310 $116,115 OTHER EXPENSES Salary & Administration (supplies, professional services, $126,685 maintenance/repair) TOTAL 2015 BUDGET FOR 10006223.4310 $126,685 Total $2 / capita 121,400 x 2 $242,800 REALLOCATIONS OF PREVIOUSLY APPROVED FUNDING Youth Training artwork (2013 City Art Plan) - reallocate to 2015 Portable 7,500 purchases Economic Development artwork (2014 City Art Plan) - reallocate to 2015 5,000 Opportunity fund Municipal Court artwork (2014 City Art Plan) - reallocate to 2015 18,280 Opportunity fund Artist designed interpretive materials (2012 City Art Plan) - reallocate to 15,000 2015 Opportunity fund Subtotal $45,780 PREVIOUSLY APPROVED PROJECTS Community Art Project: KentArts/DIY(Do It Yourself) ($36,000 in 2012, 60,000 $14,000 in 2013, $10,000 in 2014) Capital Project artwork: Kent Valley Loop Trail ($4,431 left from 2013, $40,000 approved in 2014) 44,431 Collection Maintenance and Programming ($36,260 left from 2014) 36,260 Subtotal $140,691 TOTAL 2015 Anticipated Expenditures $429,271 2 Page 13 I, KENT ARTS COMMISSION 2015 CITY ART PLAN NARRATIVE Project Title: Community Project Artwork: Kent Arts DIY (Do It Yourself) Project Description: Kent Arts DIY would foster inclusiveness by highlighting the talent and creativity of the Kent community. Participants would upload projects to an automated website. Submissions would be reviewed and published on a quarterly basis, with selected projects receiving an honorarium. Projects could fall within the traditional arts (poetry, painting, music); the community arts (culinary arts, fiber arts, metal arts), and the unexpected. Participants would be asked to submit a description of their project that would reveal the "how-to" and inspire other Kent residents to get creative. Estimated Costs: $65,000 (technology development and implementation) Funding Source: 2015 City Art Plan: $5,000 2014 City Art Plan: $10,000 2013 City Art Plan: $14,000 2012 City Art Plan: $36,000 (previously approved) City Partner: Information Technology Background: Nationally, arts organizations are changing how they interact with the community. Traditionally, we have been presenters but now we also want to provide platforms for collaboration. Kent Arts DIY is a prototype project that will allow the people who live, work and play in Kent to share their creativity with one another. Location: Online Project Title: Summer Art Exhibit Purchase Program Project Description: Purchase quality artworks from area artists that enhance the value of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City facilities, helping to beautify Kent. Increase annual budget from $5,000 to $12,500 by reallocating previously approved funding for Youth Training Artwork project. Increased budget for artwork purchase will increase the quality of applicants to the Summer Art Exhibit and allow for more strategic purchases. For example, the collection currently needs larger pieces. The Youth Training Artwork was a partnership with King County; their program was eliminated in 2013. Estimated Costs: $12,500 Funding Source: 2015 City Art Plan: $5,000 2013 City Art Plan: $7,500 (reallocate amount approved for Youth Training Artwork) City Partner: Facilities 3 Page 14 Background: The City of Kent Arts Commission collection of portable artwork includes a variety of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit purchase award program. The portable collection introduces art into areas where the community does business. A work environment that includes amenities such as art has been shown to increase productivity and job satisfaction, but the primary purpose is serving the public. Location: City of Kent facilities Project Title: Collection Maintenance and Programming Project Description: Projects include outdoor sculpture maintenance and collection repair, helping to sustain existing assets. This year's projects will include restoration of Fiddlehead sculptures at Canterbury Park (Charles Bigger, 2003), repair and repainting of Railroad Yard mural at Titus Railroad Park (Mary Iverson, 2006), refurbishment of sculptures (Handplant, Flower, and Spider) at Arbor Heights 360 Skate Park (Mike Whiting, 2007); and various repair and maintenance projects. Estimated Costs: $50,000 Funding Source: 2015 City Art Plan: $13,740 2014 City Art Plan $36,260 Background: This fund may be used for maintaining and providing programming for existing artworks. Project Title: Opportunity fund (capital projects, strategic art acquisition, economic development implementation) Project Description: Identify and implement art project(s) to address City and community goals. This funding allows the Arts Commission to incorporate significant artwork into capital projects, acquire artwork for specific locations or needs, and contribute artwork to implementation of the City of Kent Economic Development Plan. Possibilities include a project to make one of three Highway 167 underpasses more inviting (Willis, Meeker, James), other gateway projects, partnerships with Economic Development, and acquiring art work from the personal collection of recently deceased Kent artist Danny Pierce. Estimated Costs: $130,655 Funding Source: 2015 City Art Plan: $92,375 2014 City Art Plan: $5,000 (previously approved for economic development artwork); $18,280 (previously approved for municipal court artwork) 2012 City Art Plan: $15,000 (re-allocate amount approved for Artist designed interpretive materials) City Partner: Economic Development Department, Parks Planning and Development 4 Page 15 Background: In 2013, Kent Arts Commission staff began discussions with Economic Development staff about ways to partner and use art to achieve community Economic Development goals. In 2014, acclaimed Kent artist Danny Pierce died, as did his wife Julia; there are potentially opportunities to acquire and keep significant pieces of Danny's art in Kent. Re- allocate funding approved for acquiring art work for municipal court rooms, as art work was selected from the existing collection. Re-allocate funding approved for artist designed interpretive materials, as the future of this project is uncertain. Location(s): TBD PREVIOUSLY APPROVED PROJECTS Project Title: Capital Project Artwork(s): Kent Valley Loop Trail Project Description: Parks Department plans to create a Kent Valley Loop Trail system over the coming years. This system of varying length trails along the Green River will link Riverview Park (yet to be constructed), Foster Park, Van Doren's Landing, and Boeing Rock. The Kent Arts Commission plans to set aside City Art Plan money for the next several years to enable us to commission major artwork(s) as part of the Kent Valley Loop Trail when it becomes a reality. Parks Planning and Development contracted with Berger Partnership to develop a Master Plan for the project in 2013. Through a competitive selection process, the Kent Arts Commission selected Ellen Sollod to serve as the artist representative on the master planning team and to create an art plan for the Kent Valley Loop Trail Ms. Sollod identified and recommended several projects as a cost effective approach to maximizing the impact of the public art program's resources over the coming years. The Kent Arts Commission will determine the priority and ordering of projects based on Parks Department plans for trail improvements. Potential 2014 projects: -"Finding One's Way" - A system of artist designed trail markings, informational kiosks and underpass markings. ($11,000) -"Sightings and Soundings" - A photographer and sound artist would be commissioned to create a sensory experience that complements and enhances the trail. The product would be available on-line, as a "print on-demand" book/CD, and potentially through an exhibit. ($22,000) "Temporary Interventions" - Projects to draw attention and people to the trails. ($20,000) Estimated Costs: $40,000 Funding Source: 2013 and 2014 City Art Plan City Partner: Parks Planning and Development Background: The vision for the Kent Valley Loop Trail is to enhance recreation opportunities at Kent's river-front parks and along the Green River Trail that connects them. Integrating public art throughout the trail and parks will enrich trail and park users' experience and provide a cultural tourism draw. Location: Kent Valley Loop Trail/parks along Green River 5 Page 16 KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2015 - 2019 2015 PROJECTS COSTS Projects 116,115 Community Art Project: KentArts/DIY 5,000 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Collection Maintenance and Programming 13,740 Opportunity fund (capital projects, strategic acquisition, 92,375 economic development) Administration/Maintenance 126,685 Total $242,800 2016 PROJECTS COSTS Projects 115,500 Capital Project artwork(s): Kent Valley Loop Trail 40,000 Portable Collection Purchases 12,500 Kent Arts DIY 5,000 Opportunity fund (capital projects, strategic acquisition, 28,000 economic development) Collection maintenance and programming 30,000 Administration/Maintenance 127,300 Total $242,800 2017 PROJECTS COSTS Projects 114,800 Capital Project artwork(s): Kent Valley Loop Trail 25,000 Opportunity fund (capital projects, strategic acquisition, 32,300 economic development) Portable Collection Purchases 12,500 i Kent Arts DIY 5,000 Collection maintenance and programming 40,000 Administration/Maintenance 128,000 Total $242,800 2018 PROJECTS COSTS Projects 114,800 Capital Project artwork(s): Kent Valley Loop Trail 20,000 Opportunity fund (capital projects, strategic acquisition, 37,300 economic development) Portable Collection Purchases 12,500 Kent Arts DIY 5,000 Collection maintenance and programming 40,000 Administration/Maintenance , 00 Total $24242,800 2019 PROJECTS COSTS Projects 112,800 Opportunity fund (capital projects, strategic acquisition, 55,300 economic development) Portable Collection Purchases 12,500 Kent Arts DIY 5,000 Collection maintenance and programming 40,000 Administration/Maintenance 130,000 Total $242,800 6 Page 17 Chapter 4.04 ART PROGRAM Sections: 4.04.010 Established. 4.04.020 Art account created. 4.04.030 Guidelines and procedures. 4.04.010 Established. A. The city art fund may be used for all costs for works of art, administrative costs of the city art program, and all costs of installation and maintenance. B. The city arts commission shall recommend the amount to be made available for the purchase of art, in consultation with city staff. The designation of projects and sites, selection, contracting, purchase, commissioning, review of design, execution and placement, acceptance, maintenance, sale, exchange, or disposition of works of art shall be recommended by the arts commission and staff, for approval by the city council, in accordance with the city art program guidelines. C. All works of art purchased and commissioned under the city art program shall become a part of a city art collection. The city art collection shall be developed, administered and operated by the arts commission with cooperation and support of the parks and recreation department staff. D. The works of art may be placed on public lands, integrated with or attached to a public building or structure, detached within or outside a public building or structure, or part of a portable collection or exhibit. E. Nothing in this chapter shall limit the amount of money the city may expend for art. (Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.020) i 4.04.020 Art account created. There is hereby established a city art account. Monies for the fund shall be received from: 1. Annual city budget. Two dollars ($2) per budget year for each city resident, based upon population data certified by the State Office of Financial Management. Budgeted, but unspent funds shall be maintained in the art fund, and carried forward at the end of each budget year. 2. Gifts, donations and grants. Private or public gifts, endowments, donations, bequests or other grants. 3. Other. Such other sources as may be available. Page 18 (Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.010) Cross reference(s) — Specific funds, Ch. 3.40. 4.04.030 Guidelines and procedures. A. Upon consultation with the city arts commission, guidelines and procedures shall be prepared by staff for the implementation of the city art program. Such guidelines and procedures shall be reviewed by the city arts commission annually, and recommendations shall be made to the city council for approval. B. A city art plan including a schedule and budget for all city art program projects shall be prepared and updated annually by the city arts commission and city parks and recreation department staff. The city art plan shall be reviewed and approved annually by the city council. (Ord. No. 2552, § 1. Formerly Code 1986, § 2.35.030) Page 19 PARKS, RECREATION AND COMMUNITY SERVICES ® Jeff Watling, Director ^� Telephone: 253-856-5101 wnsHiNclon Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 26, 2015 i TO: Kent City Council Parks and Human Services Committee FROM: Alex Ackley, Superintendent of Parks Facilities SUBJECT: Lease Agreement with Verizon Wireless Lease Agreement for Rooftop Installation at Centennial Center MOTION: Move to recommend council authorize the mayor to enter into a lease agreement with Verizon Wireless to install wireless communications equipment for an initial monthly lease fee of $2,600.00, and to approve the expenditure of funds in the Parks Facilities Capital budget, subject to final terms and conditions acceptable to the parks director and city attorney. SUMMARY: Verizon Wireless is requesting authorization to install wireless communications equipment on the rooftop of the City of Kent Centennial Center, 400 W. Gowe St, Kent. Refer to attached Exhibit for details. As part of the lease agreement, Verizon Wireless will pay the City of Kent $2,600.00 per month. Subject to annual increases, for a term of ten (10) years, with an option to renew for an additional five (5) years. EXHIBITS: Lease Agreement BUDGET IMPACT: Budgeted revenue and expenses impact the Parks Facilities Capital budget. Page 20 Page 21 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is entered into on the date fully executed below, by and between the CITY OF KENT, a Washington municipal corporation ("Landlord"), and SEATTLE SMSA LIMITED PARTNERSHIP dba VERIZON WIRELESS, a Delaware limited partnership, with its principal address of180 Washington Valley Road Bedminster, New Jersey 07921 ("Tenant"), for a wireless communications facility located at 400 W. Gowe St. ("Centennial Rooftop"). BACKGROUND A. Landlord Is the owner in fee simple of a parcel of land located in the City of Kent, King County, Washington, legally described on the attached Exhibit A (the "Property") B. Tenant is in the communications business and desires to lease that portion of the Property as depicted on the attached Exhibit B, together with a nonexclusive access easement, as depicted on the attached Exhibit C. C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord that portion of the Property as depicted on the attached Exhibit B (the "Premises") together with a non-exclusive easement for ingress, egress and utilities over the adjacent real property as depicted on the attached Exhibit C (the "Access Easement"). This Lease is not a franchise nor is it a permit to use the City of Kent's rights- of-way. Any franchise or permit must be obtained separately from Landlord. 2. Term and Option to Renew. This Lease shall commence on the Effective Date (as defined below) (the "Commencement Date"), and end on the date that Is one day before the ten (10) year anniversary of the Commencement Date ("Expiration Date"). Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to renew this Lease for one (1) additional five (5) year period, subject to the adjustment of Monthly 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) calendar days before the end of the initial ten (10) year term. LEASE AGREEMENT AT CENTENNIAL ROOFTOP — Page 1 of 16 (Landlord: City of Kent; Tenant;Seattle SMSA dba Verizon Wireless) (2014) Page 22 3. Monthly Rent. a. Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of TWO THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($2,600.00), plus leasehold tax, if required by law, at a rate established by the State of Washington, currently 12.84%, beginning on the Commencement Date. Subsequently, the Monthly Rent and all taxes due shall be paid in advance, on or before the first day of every following month during the term hereof. All payments shall be mailed to: City of Kent, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Facilities Superintendent. b. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the Monthly Rent for any payment not paid within five (5) calendar days of when due, Any amounts not paid when due shall bear interest until paid at the rate of one percent (1%) per month. C. The Monthly Rent during years two (2) through ten (10) of the initial ten (10) year term, then for years two (2) through five (5) of the optional five (5) year renewal term thereafter, shall be increased effective as of each anniversary of the Commencement Date by an amount equal to four percent (4%). d. The Monthly Rent during the first year of the five (5) year renewal term will be adjusted to Market Rent. As used herein, "Market Rent" means the rent paid for similar uses on similar properties in the greater Puget Sound area. If Landlord and Tenant cannot agree upon Market Rent within thirty (30) days after Landlord presents its proposal for Market Rent, then the Lease shall terminate at the end of the then-current term. e. Monthly Rent, and all other consideration to be paid or provided by Tenant to Landlord shall constitute Rent and shall be paid or provided without offset. 4. Use of Premises. a. Tenant may use the Premises for the purpose of locating, maintaining, operating, and upgrading the wireless communications facilities depicted in Exhibit D ("Improvements"). Tenant shall use the Premises for no other purpose. b. Tenant shall, at its sole expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, radio frequency emissions, other radiation and safety) In connection with the use, operation, maintenance, construction and/or Installation of the Improvements and/or the Premises. 5, Tenant Improvements Plans Bonds. LEASE AGREEMENT AT CENTENNIAL ROOFTOP — Page 2 of 16 (Landlord: City of Kent; Tenant; Seattle SMSA dba Verizon Wireless) (2014) Page 23 '.. a. (1) Tenant may improve the Premises by constructing the Improvements as depicted in Exhibit D. Tenant is responsible to provide all labor, materials, and equipment necessary for the Improvements. Prior to commencing construction, Tenant shall submit plans and specifications drawn to scale for all Improvements to Landlord for Landlord's written approval, which approval shall not unreasonably withheld by Landlord. Construction, installation, or alteration of Improvements shall not be commenced until plans for such work have been approved in writing by the Landlord and all necessary permits have been properly issued. Landlord's Parks, Recreation & Community Services Department shall give such approval or provide Tenant with its requests for changes within thirty (30) working days of Landlord's receipt of Tenant's work plans. The plan and specifications review schedule described above 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, and Tenant shall pay all permit costs in addition to rent described in Section 3. (2) All Improvements shall be constructed in a workmanlike manner without the attachment of any liens to the Property and shall be completed in compliance with all permits, applicable laws, rules, ordinances, and regulations. If any lien is filed, such lien shall be removed from the Property or bonded over, per RCW 60,04.161, within twenty (20) days of the lien being recorded with the King County Recorder's office. (3) Tenant shall conform and comply with all local land use, regulatory, or building permit conditions issued by the City of Kent in connection with the construction, operation, or maintenance of Tenant's Improvements and the Improvements contemplated in this Lease. (4) No Improvements or modification to Improvements shall be made without the Landlord's reasonable consent. Moreover, any Improvements or modifications to Improvements are subject to the conditions set forth in section 5 (a)(1), (2), (3), and (4) above. (5) Tenant shall consult with Landlord to arrange a time It will conduct construction of any Improvements. Tenant agrees to adhere to the pre- arranged schedule for construction of Improvements. (6) Upon completion of the Improvements, Tenant shall remove all debris left from the installation of the Improvements, including any abandoned equipment left by Other Providers, at Tenant's own cost. b. (1) Tenant shall remove the Improvements from the Premises upon, termination of the Lease, unless Landlord determines that the Improvements may remain or Landlord consents to their non-removal pursuant to section 5(b)(4) below. Such removal shall be done in a workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Premises, including use of the Premises by Other Providers as described in Section 6(a), Landlord, or any of Landlord's assignees. LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 3 of 16 (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) (2014) Page 24 (2) Upon removal of the Improvements as provided above in section 5(b)(1), Tenant shall restore all affected areas of the Property, the Premises and the Access Easement, normal wear and tear excluded, to the reasonable satisfaction of Landlord. (3) All costs and expenses for the removal of the Improvements and restoration of the Property, the Premises and the Access Easement shall be borne by Tenant, and Tenant shall hold Landlord harmless from any portion thereof. (4) If Landlord determines that the Improvements may remain or Tenant requests permission to not remove all or a portion of the Improvements upon termination of this Lease, and Landlord consents to such non- removal, title to the affected Improvements shall be transferred to Landlord via bill of sale, at market rates, and shall become the sole and exclusive property of Landlord, and Tenant shall be relieved of its duty to otherwise remove them. Any personal property, equipment, or Improvements that are not removed upon termination of this Lease shall become the property of Landlord, at Landlord's option. C. Tenant shall annually post a bond (or, at Tenant's option, a letter of credit) from a surety or bank reasonably acceptable to Landlord, in the amount of Five Hundred Thousand Dollars ($500,000.00). Landlord may use these funds at the termination of the Lease for removal of all Improvements and repair of the Property, the Premises and the Access Easement should Tenant not comply with the requirements of this section. d. The roof of the Property is nearing the end of its life cycle and may require replacement during the Term of this Lease. In the event that Landlord determines it must replace the roof, upon Landlord's request, Tenant shall move or remove the Improvements at its own expense within a timeframe suitable to Landlord. Landlord agrees to provide Tenant reasonable notice of Landlord's intent to undertake roof replacement during any Term of this Lease. 6. Use by Other Providers. a. Tenant shall cooperate with each new other provider that Landlord leases to ("Other Provider") in connection with the Other Provider locating and placing its antennae and other facilities on the Premises and in the ancillary support facilities. b. Each new Other Provider shall be solely responsible for the cost of locating and placing its equipment on the Premises. The Other Provider shall also be responsible for any liabilities that arise from the Other Provider's use of the Premises. LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 4 of 16 (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon W(reless) (2014) Page 25 7. Net Lease. Landlord shall not be required to make any expenditures of any kind in connection with this Lease or to make any repairs or improvements to the Premises or Access Easement. The parties agree that this is a net Lease intended to assure Landlord the rent reserved on an absolute net basis. In addition to the Monthly Rent reserved above, Tenant shall pay to the parties entitled thereto all taxes, permit fees, assessments, insurance premiums, maintenance charges, and any other direct charges, costs and expenses against the Premises and Access Easement which may be contemplated under any provisions of this Lease. 8. Maintenance. a. Tenant shall, at its own expense, maintain the Premises, Access Easement, and all Improvements, equipment and other personal property on the Premises in good working order, condition and repair. Tenant shall keep the Premises and Access Easement free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. Tenant shall remove graffiti at its own cost within forty-eight (48) hours of receipt of notice to remove by Landlord. Landlord may remove graffiti at its own cost without notice to Tenant. Tenant shall install, maintain, and replace, when necessary, the proposed rooftop enclosure described in Exhibit D, at Tenant's sole expense and in accordance with any necessary City of Kent permits. b. In the event Landlord or any other tenant undertakes painting, construction or other alterations on Landlord's Property described in Exhibit A, Tenant shall take reasonable measures, at Tenant's cost, to cover Tenant's equipment, personal property or Improvements and protect them from paint and debris fallout that may occur during the painting, construction or alteration process. This requirement shall not be interpreted as a waiver of any claim Tenant may raise either against Landlord or any third party due to the Landlord or the third parties' negligence, so long as Tenant has taken reasonable measures to protect Tenant's equipment, property, and facilities as required above, 9. Access. Landlord and its agents shall have the right to enter the Premises at all times, to examine and inspect the Premises; provided, however, that in no event will Landlord, its employees, agents or contractors remove, relocate, alter, modify or otherwise tamper with Tenant's Improvements. Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises to address emergency issues. Tenant shall provide five (5) business days' notice to Landlord for access to the Premises for non-emergencies or regular maintenance. Tenant or Tenant's employees, agents, or contractors shall check in at Landlord's Facilities Department front counter prior to accessing the Premises during regular business hours of 8:00 a.m. to 5:00 P.M. 10. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. LEASE AGREEMENT AT CENTENNIAL ROOFTOP — Page 5 of 16 (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) (2014) ',. Page 26 III 11. License Fees. Tenant shall pay, as they become due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the Premises and Access Easement. 12, Approvals; Compliance with Laws. Tenant's use of the Premises and Access Easement is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate the Improvements in accordance with site standards, statutes, ordinances, rules and regulations now in effect or that may be issued thereafter by the Federal Communications Commission or any other governing bodies. 13. Interference. a. Tenant's installation, operation, and maintenance of the Improvements shall not damage or interfere in any way with Landlord's activities on the Property. Tenant agrees to correct, within thirty (30) calendar days, all such actions that materially interfere with Landlord's use of the Property. Tenant agrees to promptly commence good faith efforts to cure interference upon actual notice of such interference. If the interference cannot be corrected without Tenant's wireless signal coverage goals from the Premises being materially impaired, Tenant shall have the right to terminate the Lease. b. Before approving the placement of the Improvements, Landlord may obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Property. c. In the event that an Other Provider requests a lease from Landlord to place any type of antennae or transmission facility on the Premises, Landlord shall submit a proposal complete with all technical specifications reasonably requested by Tenant to Tenant for review for noninterference; however, Landlord shall not be required to provide Tenant with any specifications or information claimed to be of a proprietary nature by any third party. The Other Provider shall be responsible for the reasonable cost of preparing the technical specifications for its proposed transmission facility. Tenant shall have fifteen (15) calendar days following receipt of said proposal to make any objections thereto, and failure to make any objection within said fifteen (15) calendar day period shall be deemed consent by Tenant to the installation of antennae or transmission facilities pursuant to said proposal. If Tenant gives notice of objection due to interference during such fifteen (15) calendar day period and Tenant's objections are verified by Landlord to be valid, then Landlord shall not proceed with such proposal unless the Other Provider modifies the proposal in a manner determined, in Landlord's reasonable judgment, to adequately eliminate reasonable interference concerns asserted by Tenant. In that case, Landlord may proceed with the proposal. In the event the Other Provider actually interferes with the operations of Tenant, Landlord shall make good faith efforts to have the Other Provider cease operation until the interference can be eliminated. A governmental unit may be LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 6 of 16 (Landlord; City of Kent; Tenant.,Seattle SMSA dba Verizon Wireless) (2014) Page 27 '. allowed to place antennae or other communications facilities on the Premises as long as there is no interference with Tenant's use. 14. Default. It shall be a default if: a. Tenant defaults in the payment of Monthly Rent or any other sums payable to Landlord when due, and does not cure such default within fifteen (15) calendar days after written notice of default is sent by Landlord; b. Tenant abandons or vacates the Premises for a period longer than one hundred eighty (180) consecutive days; c. Tenant falls, at any time during this Lease (including optional renewal periods), to conform or comply with any local land use, regulatory, or building permit conditions issued by the City in connection with the construction, operation, or maintenance of Tenant's facilities contemplated in this Lease; d. Tenant is adjudicated as bankrupt or makes any assignment for the benefit of creditors; e. Tenant becomes insolvent; or f. Either party defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within thirty (30) calendar days after written notice from the non-defaulting party specifying the default at issue; provided, however, that neither party will be in non-monetary default under this subsection if it begins to cure the alleged default within the 30- day period and thereafter diligently prosecutes the cure to completion. i g. If Tenant fails at any time to maintain insurance as required in Section 22 of this Lease and Exhibit E. 15. Cure by Landlord. In the event of any default of this Lease by Tenant, Landlord may, at any time after the specified notice period has run, cure the default for the account of and at the expense of the Tenant. If Landlord is compelled to pay or elects to pay any sum of money or to do any act that will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or defending any action to enforce Landlord's rights under this Lease, the sums so paid by Landlord, with all interest, costs and damages shall be deemed to be Additional Rent and shall be due from Tenant to Landlord on the first day of the month following the incurring of the respective expenses. If Tenant disputes the appropriateness of the Additional Rent In good faith, Tenant will pay such Additional Rent "under protest". Any payment under protest by Tenant shall not be considered an admission of liability or a waiver of Tenant's rights under this Agreement, and such payment shall be subject to refund if Tenant's position is upheld by a court of competent jurisdiction. LEASE AGREEMENT AT CENTENNIAL ROOFTOP — Page 7 of 16 - (Landlord: City of Kent; Tenant: Seattle SMSA dba Vernon Wireless) (2014) Page 28 16. Optional Termination. Except for instances of default as set forth in Section 14, this Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of Tenant's business under this Lease or Tenant, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary; (b) by Landlord upon ninety (90) days prior written notice to Tenant, if Landlord decides, In its sole discretion for any reason, to discontinue use of the Premises for municipal or public purposes; (c) by Landlord if it determines through verifiable scientific evidence that continued use of the Premises by Tenant is in fact a threat to health, safety or welfare; (d) by Landlord if Tenant's use of the Premises violates applicable laws or ordinances; or (e) by Landlord if Tenant loses its license to provide PCS/cellular service for any reason, Including, but not limited to, non- renewal, expiration, or cancellation of its license. 17. Damaaes. In the event of an Instance of Tenant's default as identified in Section 14 or Tenant's optional termination in Section 16, Landlord shall be entitled to the amount of unpaid rent accrued through the date of termination; and liquidated damages in the amount of six (6) months rent. 18. Termination; Notice. Except as otherwise provided above in Section 16(b), any notice of termination pursuant to Section 16 shall be given to the other party in writing at least thirty (30) calendar days prior to the termination date in accordance with the provision of Section 28, 19. Damage or Destruction. If Tenant's Improvements or any portion thereof are destroyed or damaged so as to materially hinder effective use of the Premises through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) calendar days' written notice to Landlord. In such event, Tenant shall promptly remove all Improvements from the Premises as set forth in Section 5(b) above. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence, at which termination Tenant shall be entitled to the reimbursement of any Monthly Rent prepaid by Tenant. Landlord shall have no obligation to repair any damage to any portion of the Property, the Premises or the Access Easement. 20. Condemnation. In the event the Premises are taken by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. In the event a portion of the Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion of all damage awards, whether awarded as compensation for diminution in value of the leasehold or the fee of the Premises. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 8 of 16 (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) (2014) Page 29 of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing Its equipment, personal property, and Improvements. 21. Indemnity. a. Disclaimer of Liability: Except for the negligence or willful misconduct of Landlord, Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Property, the Premises, the Access Easement, and any Improvements made by Tenant. b. Indemnification: Tenant shall, at its sole cost and expense, indemnify and hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "Indemnitees"), from and against: (1) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, Incurred by or be asserted against the indemnitees by reason of any act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, Invasion of privacy, and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of Tenant's Improvements, Tenant's use of the Premises and Access Easement, or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. (2) Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided by or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the Premises, Access Easement, and Tenant's Improvements. Tenant shall cause such claim or lien covering Landlord's Property to be discharged or bonded per the requirements in section 5(a)(2) above. (3) Notwithstanding the foregoing, Tenant shall not indemnify, defend or hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses or expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), arising out of the Landlord's negligence or willful misconduct. LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 9 of 16 2)i4) (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) ( Page 30 C. Assumption of Risk: Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees all risk of dangerous conditions, If any, on or about the Property, the Premises and the Access Easement. Tenant's assumption of risk shall not apply to any latent defects or other dangerous situations, if Landlord knows or should know that defect or situation exists but has not disclosed that information to Tenant. d. Defense of Indemnitees: In the event any action or proceeding is brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, Tenant shall, upon notice from any of the Indemnitees, at Tenant's sole cost and expense, diligently resist and defend the same; provided, however, that Tenant shall not admit liability in any such matter on behalf of the Indemnitees without the written consent of Landlord and provided further that Indemnitees shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder, without the prior written consent of Tenant. e. Notice, Cooperation and Expenses: Landlord shall give Tenant prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section,21, Nothing herein shall prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's attorney, so long as the participation is coordinated with Tenant's attorney. Tenant shall pay all expenses incurred by Landlord in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses, such as the reasonable value of any services rendered by Landlord's attorney; the actual expenses of Landlord's agents, employees, or expert witnesses; and disbursements and liabilities assumed by Landlord In connection with such suits, actions or proceedings. Provided, however, these expenses shall not include attorneys' fees for services that are unnecessarily duplicative of services provided to Landlord by Tenant. 22. Insurance. Tenant agrees to comply with the insurance requirements of Exhibit E at all times during the term of this Lease. Any payment of deductible or self-insured retention shall be the sole responsibility of the Tenant. 23. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Premises and Access Easement will not generate any hazardous substance, and it will not negligently or intentionally store, or dispose, or transport over the Premises and Access Easement any hazardous substance in violation of any federal or state law. Tenant further agrees to hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of Landlord, its employees or agents. Similarly, Landlord warrants that the Premises and Access Easement are free of any LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 10 of 16 (Landlord: City of Kent; Tenant; Seattle SMSA dba Verizon Wireless) (2014) Page 31 hazardous substances and agrees to indemnify and hold Tenant harmless from the Landlord's negligent or intentional introduction of any hazardous substance by Landlord. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 24. Holding Over. Any holding over after the expiration of the Term of this Lease, with the consent of the Landlord, shall be construed to be a tenancy from month to month and rent shall be paid by Tenant at two times the Monthly Rent and shall otherwise be on the terms and conditions herein specified, so far as applicable. 25. Subordination to Mortgage. Any mortgage now or subsequently placed upon the Property of which the Premises are a part shall be deemed to be prior in time and senior to the rights of Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination within ten (10) days of written request by Landlord; provided that such documents include provisions by which Landlord's mortgagees agree that Tenant's use and quiet enjoyment of the Premises and Access Easement will not be disturbed so long as Tenant is not in default under this Lease. 26. Acceptance of Premises. With the exception of latent defects and any hazardous substance contamination existing prior to the Commencement Date, by taking possession of the Premises, Tenant accepts the Premises and Access Easement "AS-IS," in the condition existing as of the Commencement Date. Landlord makes no representation or warranty with respect to the condition of the Premises or Access Easement, or their fitness for any of Tenant's intended uses thereof, 27. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than thirty (30) days prior request by Landlord, deliver to Landlord a statement in writing certifying that (a) the Lease is unmodified and in full force (or If there have been modifications, that the Lease is in full force as modified and identify the modifications); (b) the dates to which rent and other charges have been paid; (c) so far as the person making the certificate knows, Landlord is not in default under any provisions of the Lease; and (d) such other matters as Landlord may reasonably request. 28. Notices. All notices, requests, demands, and other communications required to be sent pursuant to this Lease shall be in writing and shall be deemed LEASE AGREEMENT AT CENTENNIAL ROOFTOP — Page 11 of 16 (Landlord: City of Kent; Tenant.,Seattle SMSA dba Vertzon Wireless) (2014) Page 32 given if mailed, certified mail, return receipt requested, or by a nationally recognized courier service, to the following addresses: If to Landlord, to: Facilities Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 With a copy to: City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 I If to Tenant, to: Seattle SMSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate 29, Assignment and Subletting. a, Tenant shall not sublet all or any part of the Premises. Tenant shall not assign its interest in this Lease without Landlord's prior written consent, which will not be unreasonably withheld, Consent by Landlord to any assignment shall not constitute a waiver of the necessity of such consent to any subsequent assignment. This prohibition against any assignment or subletting shall be construed to include a prohibition against any subletting or assignment by operation of law. If this Lease Is assigned, Landlord may collect rent from the assignee, and apply the net amount collected to the rent and other obligations of Tenant hereunder reserved. Consent by Landlord to an assignment shall not be deemed a waiver or release of Tenant from the further performance by Tenant of the covenants on the part of Tenant hereunder contained. b. If Tenant is a corporation, partnership, or limited liability company, and if the control thereof changes at any time during the term of this Lease, then Landlord at its option may, by giving ten (10) days prior written notice to Tenant, declare such change a breach of this section unless Landlord has previously approved in writing the new controlling party or unless Landlord's approval is not required pursuant to Section 29.d, below. C. Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code, 11 USC §101, et seq., shall be deemed without further act to have assumed all of the obligations of Tenant arising under this Lease on and after the date of such assignment. Any such assignee shall, upon demand, execute and deliver to Landlord an Instrument confirming such assumption. Any monies or other considerations payable or otherwise to be LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 12 of 16 (Landlord: Clty of Kent; Tenant:Seattle SMSA dba verizon Wireless) (2014) '.......... Page 33 delivered in connection with such assignment shall be paid to Landlord, shall be the exclusive property of Landlord, and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Any monies or other considerations constituting Landlord's property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid to Landlord. d. Notwithstanding anything to the contrary in this Lease, Tenant shall have the right to assign this Lease without Landlord's consent to any of Tenant's partners or affiliates, provided Tenant notifies Landlord within thirty (30) days of such assignment. 30. Other Leases. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity who may be in competition with Tenant, or to any other party. 31. Successors and Assigns. This Lease shall run with the land and be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 32. Non-Waiver. Failure of either party to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but such party shall have the rights to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by Tenant to Landlord after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing. 33. Taxes. a. Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and assessments for the Premises and. Access Easement that are directly the result of Tenant's communication equipment, if any, which become due and payable during the term of this Lease. All such payments shall be made, and evidence of all such payments shall be provided to Landlord, at least ten (10) days prior to the delinquency date of the payment. Tenant shall pay all taxes on its personal property on the Premises. b. Tenant shall indemnify Landlord from any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (Including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against Tenant in relation to the taxes owed or assessed on Tenant's Property on the Premises. C. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for any portion of the property taxes and special assessments now imposed on property there is imposed LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 13 of 16 (Landlord: City of Kent; Tenant; Seattle SMSA dba Verizon Wireless) (2014) ',. Page 34 '.. a tax upon or against the rentals payable by Tenant to Landlord, Tenant shall pay those amounts in the same manner as provided for the payment of real and personal property taxes. 34. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. b. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this tease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction of any lawsuit arising out of the performance or obligations of this lease shall be in the King County Superior Court, Kent Regional Justice Center, Kent, Washington. d. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. e. Landlord covenants that Tenant, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy , the Premises, THIS LEASE IS EXECUTED and shall become effective on the last date indicated below (the "Effective Date"). LANDLORD: TENANT: CITY OF KENT SEATTLE SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS By: Cellco Partnership, its General Partner By: By: Print Name: Suzette Cooke Print N e: Brian Mecum — Its: Mayor Its; Area Vice President Network Date: Date: APPROVED AS TO FORM: Kent Law Department LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 14 of 16 (Landlord: Clty of Kent; Tenant: Seattle SMSA dba Ver/zon Wlreless) (2014) I Page 35 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 6ox- 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 LEASE AGREEMENT AT CENTENNIAL ROOFTOP - Page 15 of 16 (Landlord: City or Kent Tenant: Seattle SMSA dba Verizon Wireless) (2014) Page 36 i i i State of Caiiforni-E )- - ss. County of Orange ) On before me, Notary Public, personally appeared Brian Mecum Area Vice Presid t - Network, who proved to me on the basis of satisfactory evidence to be tKe person whose name is subscribed to the within instrument and acknowle �ed to me that he executed the same in his authorized capacity, and that his signature on the instrument the person, or the entity upon behalf of hich the person acted, executed the instrument. I certify under PENALTY OF PERJURY under thaws of the State of California that the foregoing paragraph is true and correct./ WITNESS my hand and official seal. Signature of Notary Public I Place Notary Seal Above "NaA\FlI Fllea G3�[ellio�v.�4w5fs\VnliOn\VMiOn Lease yrin.tlo[ 1 i i LEASE AGREEMENT AT CENTENNIAL ROOFTOP — Page 16 of 16 (Landlord: City of Kent; Tenant;Seattle SMSA dba Verizon Wireless) (2014) Page 37 NOTARY ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Notary Public personally appeared On �� before me, Y p Y pP Brian Me um who proved to me on th�atisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he, executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea]. RU7H L.,t,llNGl PGION a ��y�; Cornmisslan °+7o70U44 L� >' e tvul,uy Publlu ballfolllla Oren go Oautlly My cmnm E; llo6 Jule 7,2010, Signature of Notary Public Plrce Notary Seal Above i Page 38 EXHIBIT A DEPICTION OF LANDLORD'S PROPERTY The land in the County of King, State of Washington, described as follows: Lots 4 through 12, inclusive, Block 8; and the East 20 feet of Lots 4, 5 and 6, Block 13, Yesler's First Addition to the Town of Kent, according to the Plat thereof Recorded in Volume 5 of Plats, Page 64, in King County, Washington; Together with that portion of Third Avenue vacated pursuant to Ordinance No, 2895 Of the City of Kent, lying southerly of West Gowe Street and northerly of West Titus Street. (A portion being known as Lots A and B of Lot Line No. LL-89-36 recorded January 24, 1990 under King County recording number 9001240759). LEASE AGREEMENT — EXHIBIT A (Landlord; City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) DW'1'24578191v10052051-000032 Page 39 EXHIBIT B DEPICTION OF PREMISES wW A�. (E)SUBJECT= ---..---- W aOWE ST -- _— PROPERTY LINE (TYP) - ----- (E) BUILDING (TYP) LESSEE'S (P) ; r APPROXIMATE `I ANTENNA LOCATION J, (P)APPROX. POWER& FIBER ROUTE ALONG (E)SCREEN WALL TO LEASE AREA may. APPROXIMATE LOCATION OF (P) POWER& FIBER SOURCE=` (P)450 SQ FT(15'X 30') WITHIN BUILDING BELOW o ILESSEE'S LEASE ART A (LOC. OF LESSEE'S UTILITIES) i j . 4 r..• i T7•„y. 7;nr / (E)TREE(TYP)- TAX IG NO.: sHEgT TI-c NAMs CPM PrsOJFCT¢10.: 7020 --•� st*>�._.._... 382570.0506 �: -i;�-° �� ::e.FA�.��T�r- LEASE AREA TAC RAMASAY sirs 4RK§s o ,az i< �� eo iai n PLAN EX. B 410 wGowssr ' sCALL rM stim,2or9 *W,,VIA 9 2 '.. LEASE AGREEMENT - EXHIBIT B (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) Page 40 EXHIBIT C LEGAL DESCRIPTION OF ACCESS EASEMENT ��1✓��� (E)AbJACENT— a F 6 I y PROPERTY LINE(TYP) E� (E)SUBJECT I� i i✓ PROPERTY LINE (TYP) APPROX, LOCATION OF ^LESSEE'S INGRESS/EGRESS W GGWE ST % FROM W GOWE ST _. e I .._.._. u P I I " ` I PY '_�``--APPROX. LOCATION OF \ I (E).LESSEE'S 12'-0".WIDE I ACCESS EASEMENT —(E)ASPHALT I ' i f PARKING LOT(TYP) ? ; YI ! �: ✓ /" I y � l,' rt!!f✓✓ ✓ r_////./f/�:lliY.�✓i.r!/M��� �/.✓/l%!%L/1!�l (E) BUILDING (TYP) --- — �- W TITUS S7 n� °'" � (E)TREE(TYP) . :CP.x&WO orNl rRNff,Y No.: r>r;l $KUTITLG siTewreg 982570-0b66 ,z�i , os� IP In LEASE AREA 7AC RAMASAY ari pgp I " Ia o a EX, C) ItFlJT"5vA 89032 - w Wes^ BrAtE:Nia 814E3;301*� LEASE AGREEMENT - EXHIBIT C (Landlord; City of Kent; Tenant; Seattle SMSA dba Verizon Wireless) Page 41 EXHIBIT D SCOPE OF WORK TO BE COMPLETED BY VERIZON WIRELESS 1. Proposed installation of wireless telecommunications facility on a rooftop. 2. Proposed Verizon Wireless outdoor RF equipment to be installed on a 12'-0" x 20'0" steel platform inside a 15'-0" x 30'-0" screen wall, matching € brick finish. 3. Antennas will be mounted on exterior of existing & proposed rooftop brick enclosure. 4. Proposed installation of 200A electrical and fiber service for Verizon wireless equipment. LEASE AGREEMENT — EXHIBIT D (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) Page 42 '.. i EXHIBIT E INSURANCE REQUIREMENTS Insurance Tenant shall procure and maintain, for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Tenant's operation and use of City of Kent facilities. A. Minimum Scope of Insurance Tenant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form at least as broad as CG 00 01 and shall cover premises liability, contractual liability, products-completed operations liability, and independent contractors liability. The city of Kent shall be named as an insured on Tenant's Commercial General Liability insurance policy using a form at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used.. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Minimum Amounts of Insurance Tenant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate, 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. C. Other Insurance Provisions The Insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability Insurance: EXHIBIT E (Continued) LEASE AGREEMENT - EXHIBIT E (Landlord; City of Kent; Tenant: Seattle SMSA dba Verizon Wireless) Page 43 1. Tenant's insurance coverage shall be primary insurance with respect to the city of Kent. Any Insurance or self-insurance coverage maintained by the city of Kent shall be excess of the Tenant's insurance and shall not contribute with it. Tenant is contractually obligated to provide at least 30 days prior notice to owner in the event of cancellation of any coverage related to this contract. 2. Tenant's Insurance coverage shall be written on an Occurrence basis only. Claims made coverage is not acceptable. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII, E. Verification of Coverage Tenant shall furnish the City with original certificates and a copy of the additional insured endorsement, evidencing the insurance requirements of the Tenant. Landlord shall be named as an Additional Insured. F. Contractors Tenant agrees to ensure all Contractors, sub-Contractors, Consultants or other parties utilized by Tenant to perform work on city of Kent property are fully insured to the extent of coverage specified in this agreement. G. Waiver of Subrogation Tenant and Landlord hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises or Tenant's Improvements. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. H. Landlord's Property Insurance Landlord shall purchase and maintain during the term of the lease, all-risk property insurance covering all applicable city of Kent property. LEASE AGREEMENT — EXHIBIT E (Landlord: City of Kent; Tenant: Seattle SMSA dba Verizon Wlreless) Page 44 Page 45 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 7� ®4^ Fax: 253-856-6050 WASHINGT 0 Address: 220 Fourth Avenue S. '........ Kent, WA, 98032-5895 March 26, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Lori Hogan, Superintendent of Recreation & Cultural Services SUBJECT: Rental Agreement with Highline School District #401 for Camp Waskowitz 2015 Season MOTION: Move to recommend council authorize the mayor to sign the Highline School District #401 Rental Agreement to rent Camp Waskowitz for the 2015 summer resident camp for $41,040.00, subject to terms and conditions acceptable to the city attorney and parks director. SUMMARY: 2015 contract with Highline School District #401 to rent the Camp Waskowitz facility in North Bend, Washington for one week, from August 3 thru August 7, 2015. Children entering 5th, 6`" and 7t" grades in the fall of 2015 can sign up for this one week summer resident camp. Thirty-six volunteers act as counselors for the camp. EXHIBITS: Highline School District Rental Agreement BUDGET IMPACTS: This budgeted item impacts expenses in the Youth/Teen Camp Budget, account no. 1006234.4436. The revenue generated from program fees collected for this camp cover the entire rental fee costs. Page 46 Page 47 15-051 2/24/2015 Highline School District No. 401 Camp Waskowitz Rental Agreement 45505 S.E. 150"`St.,North Bend,WA 98045 Seattle—(425)277-7195 North Bend—(425)888-0681 Mailing Address: Camp Waskowitz; 15675 Ambaum Blvd. S.W,Burien,WA 98166 (206)631-7626 Applicant Kent Parks In Charge Julie Stanele Organization At Camp Address 525 Fourth Ave N Kent WA 98032 Phone (253)856-5030 Email Address: istanoleC�KentWA.aov Age of Est. Total Est. ' Campers Youth Girls Boys Adults:M F No.Campers 190 Arrival: Monday,August 3 2015 approx. 11:00 AM Lunch Date Time First Meal(Breakfast 8:00,Lunch 12:00,Dinner 5:30 Departure Friday,August 7 2015 n�approx.2:OOPM Lunch rz 11 00 AM Last meal(Breakfast,Lunch,Dinner) 75 - 124—$224.00 per person 125-149=$216,00 Per Person Cost Quote on Estimated Total: $ 212.00 per person 4 night(s) and 12 meal(s) Additional charges/fees: Total Charge $ _ �� Less Deposit $ -250.00 Date Certificate of Insurance received / / Amount Due $ Month/Day/Year CERTIFICATE OF INSURANCE: The lessee,at its own cost,shall maintain public liability insurance for bodily injuries (including sickness or death)and property damages in the minimum amount of$1,000,000 combined single limit per occurrence,and in the minimum amount of$2,000,000 in the aggregate Employers Liability(Washington Stop-Gap)in the amount of no less than $1,000,000 per accident for owned,non-owned and hired automobiles. Prior to using the site,the lessee shall furnish the Camp Waskowitz office with a Certificate of Insurance evidencing this coverage and naming the Highline School District as an additional insured and as the certificate holder. HOLD HARMLESS AGREEMENT: To the fullest extent permitted by law,the lessee releases and shall defend,indemnify and hold harmless the Highline School District and its directors,agents,employees,successors and assigns from and against all claims, damages,losses and expenses,direct and indirect,or consequential,including but not limited to costs and attorneys'fees incurred on such claims and in proving the right to indemnification,arising out of or resulting from the acts or omissions of the lessee or its agents and anyone directly or indirectly employed by them or anyone for whose acts they may be liable. POOL USE Any rental group using the pool is responsible for furnishing a qualified life guard while the pool is in use. A qualified life guard shall mean any person over 18 years of age,in good physical condition,having a current registered WSI,Red Cross or other approved lifeguard certification,and having no other duty to perform while in attendance at the pool. A copy of the certificate with current date must be submitted prior to pool use. Pool use shall be during daylight hours only(8:00 a.m.to 8:00 p.m.) Failure to comply with any of the rules will necessitate the closure of the pool. I have read and understand the rules and regulations listed on the back of this application and agree to abide by them. HIGfILINE SCHOOL DISTRTCT#401 Kent Parks Organization Organization By BY Signature Signature Date Date Please read the back side of this form Page 48 APPLICATION PROCEDURES Please Read Carefully 1. Deposit This agreement must be accompanied by a deposit 10%of the estimated total cost or$250.00,whichever is greater,in order to assure the reservation. Retain(1)copy for your records 2. Cancellation Policy • Notification of cancellation 60-90 days prior to scheduled date will result in loss of deposit. • Notification of cancellation 45-59 days prior to scheduled date will result in a charge of 25%of estimated cost. • Notification of cancellation 30-44 days prior to scheduled date will result in a charge of 50%of estimated cost. • Notification of cancellation 14-29 days prior to scheduled date will result in a charge of 75%of estimated cost. • Notification of cancellation less than 14 days prior to scheduled date will result in a charge of 100%of estimated cost. 3. Unless the Waskowitz District Office is notified of a decrease in the total number attending at least two work days before the first scheduled meal at Camp,the group will be charged on the basis of"Est.Total No. Campers"or actual number of Campers,whichever is higher. 4. Rates quoted do not include bedding,linen,recreation equipment,or audio-visual equipment, Provision of these are the responsibility of the renting group. Camp equipment or bedding may be provided at an additional charge. 5. A statement of charges will be sent to the lessee shortly after the rental period ends, Prompt payment should be made to Highline School District and sent to Hi hline School District 15675 Ambaum Blvd. S.W..Burien WA 98166. 6. The rates quoted by Camp staff are arrived at on the basis that the lessee will leave the Camp in the same order and in as 1, good condition as they found it on arrival. An added charge will be made if additional work must be done to ready the Camp for the next group. 7. The lessee will be held financially accountable for any damage to Camp equipment or facilities done by a member or members of the leasing group. , 8. Adequate adult supervision must be provided for all youth groups. It is suggested that a minimmn ratio for a mixed group of �I youth or teenagers should be 1 to 10. 9. Meal menus will be developed by Camp staff. Special requests should be arranged with the Head Cook at least 3 weeks prior to arrival. GENERAL RULES AND REGULATIONS It is requested that the"Person in Charge at Camp"go over the following regulations with his/her group before their arrival at Camp. He/she must see that all regulations are adhered to by members of his/her group. Further,it is proposed that the following general regulations will be observed: 1. Firearms,air rifles,pellet guns,slingshots,look alike weapons, alcoholic beverages,illegal drugs/substances etc,are not allowed on the grounds. 2. No smoking is allowed on Camp property. 3. No campfires will be set without permission of the Camp staff. 4. Thermostats will be regulated only by Camp personnel. 5. Absolutely no tampering with the fire protection sprinkler system or fire alarm boxes located in each cabin. 6. No material(i.e.towels,clothing,posters,etc.,should be hung over or near heaters or lights at any time. 7. Fire regulations state"No vehicles shall be parked in or near the vicinity of buildings". Vehicles are to be parked in the Camp parking lot only. 8. No Camp equipment,i.e.beds,gear boxes,mattresses,tables,chalkboards shall be moved without permission of the Camp staff. If moved,they are to be returned to the original location prior to departure. 9. Swimmers must obey pool regulations(posted at pool entrance). A pool key will be provided to the"Person In Charge". The pool must be kept locked when qualified life guard is not on duty. The pool is open June through August. 10. Meals are served family style or buffet style in the Dining Hall at 8:00 a.m., 12:00 noon,and 5:30 p.m. Dinners after 5:30 p,m.will result in an additional charge. it. Pets are not allowed on Camp property. 12. Guests of members of the lease group may not use the facility or will be charged as part-time users. 13. Walk only on established paths or trails. 14. No trees,plants or shrubs may be cut. 15. The Waskowitz phones are for our business purposes. Please provide your group with a cell phone number to use while at Waskowitz. Rev.6/08 Page 49 ® OATE IMMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 1 3/3/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME: COnnl Scott _ Alliant Insurance Services, Inc. PHONE 206-204-9140 _ Fnlc N 206-204-9205 720Olive Way, Suite 1700 INC,No,at) _- ( W Seattle WA 98101 ADDRESS:CSCOtt@alliant.com _ INSURER(SI AFFORDING COVERAGE NAICN _ INSURER A:Princeton Excess&Surplus 10786 INSURED KE583802 INSURER B. _ City Of Kent INSURER C: _ 220 Fourth Avenue South Kent WA98032-5895 INsuRERD: INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: 1314457343 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR ADDL SUBIR - POLICY EFF rypE OF INSURANCE POLICY EXP LIMITS LTR INSR Me POLICY NUMBER MMIDDIYYNY MMIDD/YYYY A X COMMERCIAL OENERALLIABILITY W-A3-RL-000D069-04 1/1/2015 1/112016 EACH OCCURRENCE $5,000,000 � DAMAGE TO RENTED _ CLAIMS-MADE , OCCUR PREMISES ff.occurreacel 5 _ _ _MED EXP(Any one person) S - PERSONAL&ADV INJURY $ GENT.AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE _$ POLICY El PRO ❑ LOG PRODUCTS-COMPIOP AGG_ $ JECT DINER', $ A AUTOMOBILE LIABILITY Nt-A3-RL-0000069-04 1/112015 ;11112016 Ea accident $1,111,01, X ANY AUTO I{ BODILY INJURY(Per person) $ j ALL LOWNED _ SCHEDULED BODILY INJURY(Peraultlenl) $ NON-OWNED PROPERTY AMAGE $ , HIREDAUTOS AUTOS _(Peraccidentl _ S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE (AGGREGATE $ DEO RETENTION$ $ WORKERS COMPENSATION _ STATUTE ER H- '.. AND EMPLOYERS'LIABILITY YIN( ANY PROPRIETORJPARTNERIEXECUTIVE ❑''NIA EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDEDP (Mandatary In NH) E.L.DISEASE-EA EMPLOYE $ _ If yes,describe under DESCRIPTION OF OPERATIONS below 6.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD HIM,AddiEonal Remarks Schedule,maybe attached if more space is required) RE: Use of the facilities of Camp Waskowitz the week of August 3-August 7,2015. Camp is for up to 160 children going into the 5th, 6th and 7th grades Fall 2015. Staffed by 36 volunteers. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Highline School District No 401 ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Carey Gannaw 15675 Ambaum Blvd SW AUTHORIZED REPRESE ATIVE Burien WA 98166 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Page 50 Page 51 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 440 Phone: 253-856-5100 • Fax: 253-856-6050 N'147KENT WAS KING-0N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 26, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Brian Levenhagen, Parks Planning and Development Planner SUBJECT: Goods and Services Agreement with Fountain Works LLC for Fountain Equipment at Town Square Plaza MOTION: Move to recommend authorizing the Mayor to sign the goods and services agreement with Fountain Works LLC in the amount of $47,719.70, including Washington State Sales Tax, to purchase and deliver equipment to repair the fountain at Town Square Plaza, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The 40 lights that light up the individual fan-shaped spray heads embedded in the concrete around the granite ball at Town Square Plaza have reached the end of their useful life. They are being replaced with a new style of light, along with new fountain spray heads. These new parts will upgrade the performance, durability, and water efficiency of the fountain in addition to accomplishing needed life cycle maintenance. This agreement is to purchase the required parts, so that repairs & installation can be performed by Parks Department staff to keep the fountain operational. EXHIBITS: Goods & Services Agreement, Sole Source Memo BUDGET IMPACTS: Budgeted in the Parks Lifecycle Budget in the general fund budget. Page 52 Page 53 1_,4KENIT wns" xarax � '.. GOODS & SERVICES AGREEMENT between the City of Kent and Fountain Works LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Fountain Works organized under the laws of the State of Texas, located and doing business at 7126 Oaklawn Drive, San Antonio, TX 78229 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: As Described in Exhibit A, attached: Provide and ship new lights, sprayheads, and fittings for the ground-embedded fountains at Town Square Plaza in Kent, Washington. No labor is included in this agreement. i Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services within 60 days of the latest signature date on page seven of this agreement. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Forty- seven Thousand, Seven Hundred Nineteen dollars and Seventy cents ($47,719.70), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: i GOODS &SERVICES AGREEMENT- 1 (Over$10,000,00, Including WSST) _... __ Page 54 Vendor will send a single invoice If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not In dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade; occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS &SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) Page 55 i E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings "! of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3).not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth In subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000,00, including WSST) Page 56 CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: i 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In GOODS & SERVICES AGREEMENT- 4 (Over$10,000,00, including WSST) i Page 57 the event any part of the goods are repaired, only original replacement parts shall be used— rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work, The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement, XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees,, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of-defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that GOODS &SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) Page 58 purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MXSCELLANE®US PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires, its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under.Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a. duly authorized representative of \ the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS &SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) Page 59 H. Compliance ith Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) 'I, DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Michael Perry Brian Levenhagen Fountain Works City of Kent 7126 Oaklawn Drive 220 Fourth Avenue South San Antonia, TX 78229 Kent, WA 98032 (210) 858-8903 (telephone) (253) 856-5116 (telephone) michaei@fountain-works.com bjlevenhagen@kentwa.gov APPROVED AS TO FORM: Kent Law Department I P:\Planning\lawn Square Plaza\2015 Town Square Fountain Repair-COWMMdocz GOODS &SERVICES AGREEMENT- 7 (Over$10,000.00, including WSST) Page 60 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. i By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 I Page 61 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, i i I I EEO COMPLIANCE DOCUMENTS - 2 of 3 Page 62 II�, I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime 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. By: For: Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 of 3 III Page 63 EXHIBIT A I o � a oo ® o11IRIRR I v p o ® Ow cn P% NN A (9 N - N Ill +•I N jp In N t0 N M M V N O iA Vt U 0 0 0 0 fC ® o N b G o Q N H L O O O N 0) .®W M 0. M f� c^-I 0'1 iPr J3 WY 01 s 3 v m V � � Y u 'o B � 41+ ao p d a T � S N 0 fQ N 10 ti r0. a a' a a a a � .� •m a 00000 � � d• V d' d• ti i� � � cad I �� u � � •C y O �--+ it O O E bb 0,, '0 u u 9 bn cd cu 0 . O c N 4-+ 'd jp V 4 a x Z y G . f0 p A `m .�+ N w i U C E (AL (a � m tR L in ¢ as y m My a '� oo z a � Y 3 m G L m C Cy o r+ J v m = m a p "q3 Lo 5 N N 9 ` L a N M Z Z a i Page 64 EXHIBIT INSURANCE REQUIREMENTS FOR SERVXCE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an Insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. & Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after Page 65 EXHIBIT B (Continued) thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i i Page 66 Page 67 CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES Jeff Watling, Director J 220 4K Kent, WA nue South NT nWA 8032 w.snixo4e r Phone: 253-856-510 P0 arksrecreatlon@ke ntwa.gov Memo DATE: March 13, 2015 TO: Mayor Suzette Cooke FROM: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Waiver of.Procurement Requirements for Town Square Plaza Fountain Parts REFERENCE: Section 3.70.080 Kent City Code, Number 1.1.11 City of Kent Administration Policy FUNDING: Parks Lifecycle Budget The Parks Department is asking for a written determination waiving the procurement requirements allowed in the Section 3.70.080 Kent City Code and City of Kent Administration Policy Number 1.1,11, specifically for purchases between $10,000 to $50,000 for the city's contracts with a vendor providing fountain parts to perform Lifecycle replacement and upgrades to the fountain at Town Square Plaza. Contracts in the amount of $10,000 - $50,000 require telephone or written bids under City of Kent Administrative Policy 1.1. This city policy requires that before the city can enter into a contract for materials, supplies, equipment, or non-professional or'non-consultant services, the cost of which will be between $10,000 - $50,000, city staff must obtain at least 3 telephone or written quotes. However, because the fountain at Town Square Plaza required heavy field modifications during installation of an already proprietary fountain design there are only two companies that have the ability to provide the Parks Department with the necessary parts for our• specific fountain. 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. Thank you. Approved: D u tt . oke, Mayor e j Page 68 Page 69 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Z 440� ® Fax: 253-856-6050 KEN WASH NO Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 26, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Garin Lee, Park Operations Superintendent SUBJECT: Public Works Agreement with Pacific Ace LLC for Sport Court Repair and Resurfacing at Garrison Creek Park and West Fenwick Park Fpublic : Move to recommend council authorize the mayor to sign the orks agreement with Pacific Ace LLC for $30,737.75 to repair ande miscellaneous sports courts within the parks system, subject toms and conditions acceptable to the parks director and city. SUMMARY: The purpose of this contract is to repair and resurface two tennis courts at West Fenwick, one tennis court at Garrison Creek and the basketball court at Garrison Creek. Each of these courts has not been resurfaced or repaired in 9 or more years. This maintenance work will preserve and enhance the playability of the courts for park patrons. EXHIBITS: Public Works Agreement BUDGET IMPACTS: Budgeted in Park Lifecycle in the Parks Capital budget Page 70 Page 71 Y06G ltl ■ wAS"Ixo.o� PUBLIC WORKS AGREEMENT between City Of Kent and Pacific Ace LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Pacific Ace LLC organized under the laws of the State of Washington, located and doing business at 3613 NE 36th Ave, Vancouver, WA 98661, P: 503- 320-8276, and Alex Havens (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Repair and resurface the sport court surface at Garrison Creek Park located at 9615 South 218th Street, Kent, WA 98031, and West Fenwick Park located at 3824 Reith Road, Kent, WA 98032. Specicifiations attached and incorporated as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I within [90 days ]. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Thirty Thousand Seven Hundred Thirty Seven Dollars and Seventy Five Cents ($30,737.75), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$35K, and No Performance Bond) Page 72 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final fifty percent (50%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 2 (Over$1OK, under$35K, and No Performance Bond) Page 73 E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed PUBLIC WORKS AGREEMENT - 3 (Over$1OK, under$35K, and No Performance Bond) Page 74 with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is .asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an PUBLIC WORKS AGREEMENT - 4 (Over$IOK, under$35K, and No Performance Bond) Page 75 invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable, When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. PUBLIC WORKS AGREEMENT - 5 (Over$1OK, under$35K, and No Performance Bond) Page 76 The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by PUBLIC WORKS AGREEMENT - 6 (Over$IOK, under$35K, and No Performance Bond) Page 77 filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section 1, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$35K, and No Performance Bond) Page 78 J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Alex Havens Justin Oliver Pacific Ace LLC City of Kent 3613 NE 36" Ave 220 Fourth Avenue South Vancouver, WA 98661 Kent, WA 98032 (530) 320-8276 (telephone) (253) 856-5135 (telephone) [Insert Fax Number] (facsimile) (253) 856-6120 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this eels,you may enter the electronic fllepoth where the contract has been saved] PUBLIC WORKS AGREEMENT - 8 (Over$10K, under$35K, and No Performance Bond) Page 79 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 i Page 80 CITY OF (CENT 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 Page 81 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Page 82 ACIFIC Act LLC 36`13 NEx6 Surfacing Solutions " „ �s www.pacificace.net Alex Havens ' PRESIDENT f "_ 503.3 DATE: 2/23/2015 CUSTOMER: Kent Parks and Recreation Attn: Justin Oliver 220 fourth Ave S Kent, WA 98032 206-883-1658 joliver@kentwa.gov . I STA'LL;DAT�: Alex Havens Garrison Creek/West Fenwick Park ':, 25%down!Full Comp Summer 2015 ITEM NO r;'. t . ., :.e,gESCR =FU[1ITPRI F IT;a,X 3 Plexipave Athletic Surfacing System Garrison Tennis I Bball) 1 5125.00 15,375.00 Preparation-Pressure wash, Crack fill, Depression fill Sand irre ularities to level Use Tungsten Carbide sanding disc to remove all delaminating paint 1 Coats Acrylotex Coarse Grit 1 Coat Acrylotex Fine Grit Standard Tennis/High School Basketball Lines 1 Seal Coat,2 Textured white Colors to be announced 1 Riteway Crack Repair System(W.Fenwick park) 1800.000 1,800.00 To be applied and color matched for 100 L. Ft. @$18 per ft. Fill Cracks and level apply microfiber tape overfilled crack apply 20"fiber mesh over microfiber tape with acr/poly mix apply 6"fiberglass to either side with acr/poly mix 2 slurry coats to match existing colors 2 Plexipave Surfacing system (Fenwick) 5448.00 10,896.00 Pre : Pressure wash, Crack fill, Depression fill (Apply Ritewa - as listed above)sand all irregularities 1 Coat Acrylic Resurfacer 2 Coats Fortified Plexi ave Standard Tennis Lines 1 Seal Coat,2 Textured white Price difference for blues and purple Thank youfor the inquiry SUB TOTAL: 28,071.00 SALES TAX: 2,666.75 GRAND TOTAL: 30 737.75 BY: PACIFIC ACE LLC ACCEPTED DATE Page 83 EXHIBIT INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute,endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. EEO COMPLIANCE DOCUMENTS - 4 Page 84 EffH.rBXT B (CON7" !/ED ) 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i EEO COMPLIANCE DOCUMENTS - 5 Page 85 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 40 Phone: 253-856-5100 ® Fax: 253-856-6050 KENT wne HIR07CH Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 26, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Access to Recreation Donation MOTION: Move to recommend council accept the donation of $10,005.40 from Access to Recreation scholarships through the Kent Parks Foundation, amend the budget and authorize expenditures in the general fund budget. SUMMARY: It has been the goal of the city's "Access to Recreation" initiative to ensure that every youth residing within the City of Kent has full access to a wide variety of recreational opportunities regardless of family income or ability to pay. Since its inception, the city has funded this initiative at $50,000.00 per year. The Kent Parks Foundation has reached out to the community to seek additional funds that will help further the extent of this city initiative. Thanks to the individuals, businesses and service clubs in our community who pledged a five-year commitment to Access to Recreation, and those that donated to the annual gifting letter, this worthy program is supported each year. In 2014, the total number of Access to Recreation scholarships awarded was $48,996.76, which funded 1,491 scholarships for youth and families to take part in recreation programs, leagues and camps. EXHIBITS: None BUDGET IMPACTS: New revenue impacts the Access to Recreation budget in the general fund. Expenses charged to Youth and Teen programs, Adaptive Recreation programs for children, Recreation classes for children and Youth Sports Leagues Page 86 Page 87 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 • Fax: 253-856-6050 KENT WA s"' N°-°N Add ress: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 26, 2015 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: Director's Report MOTION: None SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will inform the committee of noteworthy information and upcoming events. EXHIBITS: None BUDGET IMPACT: None