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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/05/2014 CITY OF KENT City Council Meeting Agenda I�� mt U r rt j � r m August 5, 2014 Mayor Suzette Cooke Darla Ralph, Council President Couneilr embers Jim Berrios Bill Boyce Brenda Fir7cher Dennis Higgins Deborah Ranniger w, Les Thomas homas C,-ry CLERK y � / 'r This page intentionally left blank. KENT CITY COUNCIL AGENDAS August 5, 2014 KENT Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA No Workshop meeting due to National Night Out COUNCIL MEETING AGENDA 5 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. For more details regarding the public comment process, please refer to the section titled, "Public Comments," on the reverse side. 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Payment of Bills - Approve C. Excused Absence for Councilmember Higgins — Approve D. Consultant Services Agreement with GEI for Construction Phase Engineering for Upper Russell Road Levee - Authorize E. 64th Avenue S Channel Improvements Phase II Puget Sound Energy Facility Agreements - Authorize F. WRIA 8 Interlocal Agreement Addendum - Authorize G. Cigarette Litter Reduction Grant — Accept (Continued) COUNCIL MEETING AGENDA CONTINUED H. Consultant Services Agreement with GeoEngineers for SR 516 to S 231st Way Levee Improvements Project - Authorize I. 2014 Second Quarter Fee-in-Lieu Funds — Accept J. King County Director's Association Agreement for Playground Equipment Purchase — Authorize K. Justice Assistance Grant Application Funding VNET - Office Manager — Accept L. Fiscal Year 2013 Bureau Justice Assistance Grant — Accept M. Consultant Services Agreement with GeoEngineers for the Riverview Park Riverbank Slope Project - Authorize 8. OTHER BUSINESS A. Proposition A, Pro & Con Committee Member Appointments - Approve 9. BIDS A. Briscoe-Desimone Levee Reach 1 Sheet Piling Supply Contract Project - Award 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(c) 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the website at KentWA.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253.856.5725. For TDD relay service, call the Washington Telecommunications Relay Service at 1.800.833.6388. COUNCIL WORKSHOP No Workshop meeting due to National Night Out This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A & 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds the motion to approve Consent Calendar Items A through M. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of July 15, 2014. 7B. Approval of Bills. Approval of payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on July 1, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 5/31/14 Wire Transfers 5879 - 5896 $1,389,119.01 5/31/14 Regular Checks 683122 - 683458 $2,691,716.07 Void Checks ($0.00) 5/31/14 Use Tax Payable $3,845.65 $4,084,680.73 Approval of payment of the bills received through June 15 and paid on June 15 after auditing by the Operations Committee on July 1, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 6/15/14 Wire Transfers 5897 - 5908 $1,545,619.62 6/15/14 Regular Checks 683459 - 683948 $3,395,610.76 Void Checks ($15,000.00) 6/15/14 Use Tax Payable $3,431.40 $4,929,661.78 Approval of checks issued for payroll for May 16 through May 31 and paid on June 5, 2014: Date Check Numbers Amount 6/5/2014 Checks 335488 - 335633 $92,501.05 Voids and Reissues 6/5/2014 Advices 329715 - 330355 $1,273,123.13 $1,365,624.18 Approval of checks issued for payroll for June 1 through June 15 and paid on June 20, 2014: Date Check Numbers Amount 6/20/2014 Checks 335634 - 335793 $87,458.17 Voids and Reissues 6/20/2014 Advices 330356 - 331006 $1,258,176.54 $1,345,634.71 11 � KENT WASH I"J '0N Kent City Council Workshop Minutes July 15, 2014 The workshop meeting was called to order at 5:04 p.m. by Council President Ralph. Councilmembers present: Ralph, Boyce, Berrios, Fincher, Higgins, and Thomas. Councilmember Ranniger arrived at 5:27 p.m. Recreation Mariivana Zonina. - Fred Satterstrom presented the history of marijuana legislation in the City of Kent. He communicated that the Land Use and Planning Board (LUPB) reviewed the topic with the City staff. He said Katie Graves, Planner would discuss the recommendation of the LUPB and David Galazin, Assistant City Attorney would review the legal side of the issue. Graves communicated that the impacts to consider when contemplating zoning for marijuana use are odors, safety, crime, and surrounding land uses. Additionally, having the appropriate zone districts, the purpose of those zoning districts, geographical locations, and whether there are other permitted uses in the zones are further considerations. She pointed out the zoning options for marijuana production, processing, and retail sales. Graves continued and communicated that seven people gave public testimony with one recommending production be allowed in agricultural zones, as well as manufacturing zones, two people recommended production and processing be allowed in both M2 and M3 zoning districts, and four people supported a ban on all uses. She added that the LUPB passed by a vote of 6-0 to not allow marijuana retail uses in any zoning district. A motion for option B to allow marijuana processing in M3 zoning district also failed by a vote of 3-3. Finally, Graves noted that the LUPB passed by a vote of 4-2 to allow marijuana production uses in any zoning district. Galazin replied to Councilmember Thomas that marijuana isn't considered agriculture. He added that the three uses (production, processing, and retail) need to be considered separately. He added that there are applications for producers and processors to forego taxing. He stated that if the City only allows production it is taxed under wholesaling and none of it would be taxed under the B&O tax. Galazin continued and noted that retail sales would cause the most trouble, but if the City was to allow retail sales and one store sold 11 pounds, he estimated it would result in $1,000 in revenue for the City. However, the City can impose a retail sales tax which could result in revenues of $350,000 with allowing three retail stores per year, each selling 20 pounds a week for a year. Galazin explained to Councilmember Berrios that Colorado had medical marijuana outlets in place then moved into recreational sales. Thus, Colorado had regulations in place prior to recreational sales. Here in Washington there are no regulations in place and all of this is new. Galazin replied to Councilmember Boyce concerning lawsuits imposed on cities that impose a ban and said the Attorney General communicated that cities have an inherent authority to have businesses where they want them and are allowed to do so through zoning. He noted that the City doesn't have the authority to regulate what is being sold, only where it is being sold. Galazin communicated that as long as it is still illegal under Federal law the Federal government can impose that law and the Kent City Council Workshop Minutes July 15, 2014 businesses that have been allowed to exist could be seized and shut down. He added that there have been lawsuits filed and they raise issues that have been addressed in the Attorney General's opinion. Councilmember Higgins verified the tax implications with Galazin. Galazin communicated that the largest production facility could be 21,000 square feet. Councilmember Thomas inquired what could happen to the three retail outlets that are operating here in Kent and Galazin communicated that they are illegal. Councilmember Thomas asked what has been done and Galazin replied that if the State Legislature does away with medical marijuana/collective gardens they won't be able to exist. Galazin replied to Councilmember Berrios about local jurisdictions and said Des Moines is allowing retail and has two or three stores. He stated that smaller cities are doing moratoria. Councilmember Fincher communicated that Renton is recommending having them in light industrial zones and Tukwila has located them in north Kent. Galazin stated that the top five cities have allowed it in some shape or fashion and didn't know what Auburn was doing. Councilmember Berrios inquired if the business community is weighing in on this as far as their employees and Galazin communicated that most businesses are sticking to a drug-free workplace and not allowing it. He noted that the Seattle City Attorney bought some and brought it back to work. He was informed that the City is a drug free workplace and they get Federal grants. He then apologized for his purchase. Galazin pointed out that there has been an increase in positive DUI arrests since I- 502. Galazin replied to Councilmember Berrios and said that he hasn't seen a shift in business policies concerning marijuana usage in employees. Councilmember Fincher verified that if the odor is witnessed a business can be investigated and shut down. She added that there is a bank that is allowing marijuana business owners to have bank accounts Councilmember Thomas recommended having this heard at an upcoming Operations Committee meeting. Councilmember Boyce inquired about possibly having a financial projection prepared. Councilmember Berrios communicated that any financial projections have to be very carefully considered due to there being other locations in local jurisdictions. Council President Ralph expressed concerns about where is it appropriate to have these businesses located. Satterstrom communicated that as a land use issue this should go to the Economic and Development Committee. 2 Kent City Council Workshop Minutes July 15, 2014 Satterstrom communicated that he will prepare a more detailed analysis of what other cities are doing. Galazin stated he would provide numbers concerning how many hours staff has worked on this. Internal Debt Update. - Paula Barry, Acting Finance Director presented an update on the City's internal debt. Barry noted that there is unstructured and structured debt. She highlighted the structured internal debt, which are other capital projects, ShoWare operating, street capital projects, and sewer capital projects, which total $10.4 million. Council President Ralph verified that the ShoWare has $300,000 coming from the Parks budget to cover the shortfall from the facility. Councilmember Boyce verified that any suggestion for internal debt in the future will go to Council for approval first. Barry highlighted the unstructured internal debt and noted that it is made up of the capital improvements fund and the golf fund, which total $6.1 million. Tom Brubaker, Interim Chief Administrative Officer communicated that there is a plan to sell the Par 3 property and use those funds to assist with maintaining the remainder of the property. He added that this is debt with no designated revenue source to pay it off. He continued and discussed sources of repayment and added that the Strategic Opportunities Fund has $424,000 at the close of 2013. He also stated that the B&O tax should result in an excess of $5 million. He stated that when the books close in two to three weeks Finance will be able to determine what excess funds there are. Railroad Grade Separation Local Improvement District Proposal. - Tom Brubaker, Interim Chief Administrative Officer explained what a local improvement district was. He said the Council can have one LID done for the grade separation project at 228th, one for both projects at (228th and 212th), or an LID completed for all of them. Mark Howlett, Design Engineer, discussed the history of this item. He noted that the City has $13 million of the Freight Mobility Strategic Investment Board (FMSIB) funds and FMSIB wants a plan on how the City plans to utilize the funds. He noted that the South 228th Burlington — Northern/Santa Fe (BNSF) Railroad Grade Separation project was completed in 2009 at a cost of $20 million. Tim LaPorte, Public Works Director, communicated that the City chose not to do an LID for the project. Chad Bieren, City Engineer, highlighted that the 228th and 212th separations both have a $2 million line item from the B&O tax for it either to be a part of the project or to just replace the existing aging infrastructure. Howlett communicated that the grant agencies are pleased when the jurisdictions utilize their own funding for these projects and displayed all of the LIDs that have been done in the City for the past four decades. 3 Kent City Council Workshop Minutes July 15, 2014 Brubaker communicated that all of the LIDs in the past had no protest covenants. Howlett presented the proposed corridor LIDs along 196th, 228th, and 277th and discussed the value of having grade separations. Based on the initial analysis, the LIDs can pay for themselves in two years and elimate traffic delays attributed to vehicles sitting at the railroad crossings, he explained. LaPorte communicated for the past 35 years the City has used LIDs to build infrastructure. However, several of the existing roads in Kent do not qualify to have an LID be utilized to fund them and the City has been using a very good system to obtain funds to execute those LIDs. Councilmember Boyce confirmed with Howlett that a consultant firm concluded that there is an increased financial value in properties with LIDs applied. He added that property values would go up based on not having to wait at railroad crossings. Councilmember Higgins said at the Public Works Committee meeting a representative from Foster Pepper LLC noted that the vacancy rate along 212th is 10 percent and the rate along the area with a grade separation is 5 percent. He concluded that there is a 5 to 7 percent vacancy decrease attributed to the presence of an LID. Consensus was that it would take about $53 million to fully fund all of these grade separation projects. Councilmember Higgins stated that a part of the study would determine if the City would be doing more harm than good with a grade separation. Council President Ralph expressed struggling with whether or not property owners can afford to pay for an LID. Councilmember Berrios noted that all the businesses are already paying B&O taxes and would have to pay for LIDs, too. Brubaker communicated that there are two hurdles, whether or not property owners will ban together and petition the LID, and whether or not they contend that they are paying too much of an accessed value. Councilmember Boyce verified that the contract concerning hiring a contractor to conduct a study is on the consent calendar in today's packet. The meeting adjourned at 6:47 p.m. Ronald F. Moore, MMC City Clerk 4 KENT Kent City Council Meeting Minutes July 15, 2014 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, Ranniger, and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff. No changes. PUBLIC COMMUNICATIONS A. Public Recognition — Council President Ralph congratulated the Lions Club and City staff for the work done at Kent Cornucopia Days. B. Community Events - Council President Ralph communicated that tryouts for the Seattle Impact Soccer Team will be held this Saturday. C. Proclamation for National Night Out - Mayor Cooke read the National Night Out proclamation and proclaimed August 5 as National Night Out in the City of Kent. Stacy Judd, Police Department Community Education Coordinator introduced John Kagel, Community Education Coordinator and accepted the proclamation. D. Proclamation for Experience Historical Kent Day - Mayor Cooke read the Experience Historical Kent Day proclamation and proclaimed August 16 as "Experience Historical Kent Day". She announced the locations and businesses participating in the historical tour. Toni Azzoli, Neighborhood Program Coordinator accepted the proclamation. Councilmember Thomas communicated that the Kent Historical Museum dinner auction is on October 4. E. Introduction of Olympic Skyline Condominiums Neighborhood Council - Toni Azzoli, Neighborhood Program Coordinator highlighted the Neighborhood Program. She displayed a map showing where Olympic Skyline Condominiums is located and said they are the 26th neighborhood council registered with the City. F. Public Safety Report - Acting Police Chief Kammerzell noted that the City is doing well with vehicle thefts with a 15 % decrease and six arrests. He noted that one of the people arrested was wanted in 11 jurisdictions. Vehicle prowls have reduced 18% since May and there were eight arrests by the Neighborhood Response Team. He noted that one arrest cleared six cases. There was an increase in residential burglaries, but the number reflects a 30 percent decrease overall compared to last year. He stated that many of the burglaries were open garage door burglaries. He warned people to close their windows and doors even though it is hotter outside. He added that there were three commercial burglary arrests and a 47 percent decrease in robberies since May. He attributed some of the success to bicycle patrols and extra police patrols. He discussed the 4th of July and fireworks. He stated that there were 341 incidents and Kent City Council Meeting Minutes July 15, 2014 144 calls made to the police department concerning fireworks. He noted that there were seven arrests for fireworks this year. Kammerzell also discussed Kent Cornucopia and said there weren't any significant events. He noted that there were 30 gang detectives working undercover and in uniform who prevented gang-affiliated persons from entering the festival and fair. Deborah Nellins, State Farm Insurance communicated that last year a grant was given to the Police Department in the amount of $3,000 for illegal racing. She noted that as a business owner she knows about the existence of the problem in Kent and presented the Kent Police Department with a check for $15,000 for illegal street racing enforcement. G. Interaovern mental Reports - Council President Ralph attended the South County Area Board meeting and reported on the Washington State Department of Transportation 2014-2017 Strategic Plan. She stated that the bottom line is there isn't enough transportation money to go around and there are deliberate decisions to be made on what needs to be maintained. She noted that the gas tax implemented years back is not stretching enough to keep transportation maintained. She added that the next presentation was from the Washington State Planning Board and they are working on prioritizing existing infrastructure and not focusing on new projects. Concluding, she noted that the final presentation was on the light rail project and the environmental impact studies and having the project move from Angle Lake and 200th into Kent. Councilmember Higgins noted that the Sound Cities Association Board of Directors and the Regional Transit Committee meets tomorrow.. He said there will be discussion on the 2015 Metro Service reductions. He stated that it seems that the DART bus route on East Hill will continue. There will be a list of revenue questions from Sound Cities Association, he said, concerning increased sales tax revenue and why they aren't in line with the revenues that have been received. PUBLIC HEARINGS A. 2015-2020 Six-Year Transportation Improvement Proaram (TIP). Resolution — Adopt. - Monica Whitman, Senior Transportation Planner highlighted the City's transportation improvement program (TIP) for the next six years. She said it is a short-range planning document which is adopted annually. She noted that it can be revised at any time as long as a public hearing is held. As far as grants, State agencies require that every project that is submitted on a grant application be included in a city's adopted Six-Year TIP. Whitman noted that there are 47 projects in the plan and that those in the first three years are the ones that the City is more likely to fund. She communicated that the TIP isn't a wish list it is a planning document that the City wants to accomplish. She noted that the total amount of the TIP is $347 million. Mayor Cooke opened the public hearing. 1. Randall C. Smith, Kent - Smith communicated that he would like the Council to take item #24 off of the TIP and he is planning to build a 50 unit apartment complex on 2 Kent City Council Meeting Minutes July 15, 2014 that site. He stated he would like to start the due diligence process and begin the project. Council President Ralph moved to close the public hearing, seconded by Councilmember Thomas. Motion carried 7-0. The public hearing was closed. Councilmember Higgins communicated that the Public Works Committee received a cost benefit analysis concerning project #24. Whitman responded that the estimated cost for the project is between $5 - $10 million and the estimated benefit is $4 million. She stated it would take two to three years before the benefits would outweigh the costs. She also stated that there is a significant amount of congestion at this site and limited options as to what the City can do to alleviate it. Chad Bieren added that the purchasing of the houses was included in the estimate. Councilmember Higgins noted that if it was pulled from the TIP it would still be in the Master Plan. Bieren communicated that this is an area that the City wants to build to take care of the issues there. Councilmember Higgins communicated that the study isn't persuading him and asked what would having this go back to the Public Works Committee to take a closer look do. Beiren responded that although the State wanted the TIP adopted by July 1, it can go back to the committee. Mayor Cooke confirmed that this could be adopted without the item and it could be added at a later date. Council President Ralph expressed concerns with this and stated this deserves additional consideration. Councilmember Boyce suggested removing item #24 from the TIP and having it reviewed again by the Public Works Committee. Beiren communicated that 116th could be looked at and benefit costs would be determined for each alternative. Councilmember Ranniger concurred with the rest of the Council. Councilmember Fincher communicated that she hasn't had time to review the cost- benefit analysis and would like to have more time. Councilmember Thomas noted that this would move the congestion from the "Y" into another area, but concurred with the rest of the Council. Councilmember Higgins moved to adopt Resolution Number #1893 approving the 2015-2020 Six-Year Transportation Improvement Program (TIP) striking Project #24, seconded by Council President Ralph. Motion carried 7-0. 3 Kent City Council Meeting Minutes July 15, 2014 PUBLIC COMMENT 1. Mary Personette, Kent - Personette expressed concerns with fireworks and urged the Council to ban fireworks in Kent. She read a letter she sent to the Kent Reporter and noted the intensity of the fireworks this year. She added that she had to have the items cleaned from the roof of her home and that many local jurisdictions, to include Federal Way, Renton, SeaTac and Tukwila ban fireworks. 2. Sharon Gehring, Kent - Gehring communicated that there are out of control fireworks in her neighborhood and there are large items being shot off. She asked for a ban of fireworks in Kent. 3. Sally Board, Kent - Board requested a ban of fireworks in Kent. She said she is tired of being afraid of being at home and not able to go out that night. She indicated that fireworks aren't fun anymore. 4. Patricia Roemmich, Kent - Roemmich communicated that fireworks used to be fun and she used to enjoy them, but she doesn't any longer. She said she is afraid to leave her house on July 4th and a bush on her property caught fire last year. She said she wants them banned in Kent. She stated that illegal fireworks are being lit in her cul- de-sac and noticed a burnt spot on her roof. She said she is terrified and has to protect her house. Additionally, she said 38th Avenue faces the back of her house and it is a tradition to light fireworks at her neighbor's house behind her and it is very dangerous. Councilmember Thomas communicated that he empathizes with the four speakers and stated that our neighboring cities, Auburn, Renton, and Federal Way have the same issue. He said items that go up in the air are illegal. He inquired whether the speakers called 911 and Sally Board replied that 911 was called. She stated that she was stunned by a M80 and broke her toe due to falling over from the noise. Mayor Cooke stated that she wants to communicate with each of the speakers after the meeting. She added that it was one of her first issues she took on when she was elected Mayor in 2006. She stated that she isn't calling for a ban for all fireworks, but it takes a vote of the Council to restrict or ban fireworks. Councilmember Thomas called for a point of order. Councilmember Thomas noted that legislation has been brought forth and it hasn't been adopted. Councilmember Berrios communicated that as a new Councilmember he appreciates the communication to the Council concerning fireworks. He noted that the Council has also received emails and there were fireworks going off illegally last night. He felt this needs to be revisited and looked at so it is fair to the entire community and the police and fire departments. He highlighted that there were 144 incidents with only two arrests and four infractions. 4 Kent City Council Meeting Minutes July 15, 2014 Councilmember Ranniger communicated that the program she brought forth was called "Education, Amnesty, and Awareness" when she was chair of the Public Safety Committee. She expressed what the program entailed and communicated that there are five Councilmembers that are new to the Council. She also felt this item should be revisited by the full Council. Council President Ralph stated that this is one of those topics that comes up every year and is great concern and frustration to her as a Councilmember. She noted that the City is close to one of the biggest firework selling machines around and even with a ban they wouldn't stop. She said there are tools in place for the police department for enforcement. However, maybe this is a budgeting issue and there needs to be an "all hands on deck" notice put out and overtime paid. She communicated that she felt it needs to go back to the Public Safety Committee to determine what other tools the City has. She stated that an all-out ban wouldn't help because fireworks are banned in the surrounding jurisdictions and they are still being purchased and shot off. She said she is supportive of the discussion and thanked the residents for coming out and speaking. Councilmember Boyce communicated that the City has to be able to identify what problem is being solved. He said he is open to have a conversation because the Council hasn't discussed the item and the community, Police, and Fire Department should be involved. Councilmember Fincher thanked the residents for calling and said police and fire were out looking and listening for fireworks. She noted that some of the cases involve children and you can't arrest children. However, the fireworks were confiscated. She noted that the Council will talk about it and it is an important issue. She urged residents to call when they hear fireworks that are illegal. She noted that the police were citing individuals and taking fireworks away. Mayor Cooke discussed the possibility of having a fine for possession of illegal fireworks. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through J, seconded by Councilmember Thomas. A. Minutes of Previous Meetinas and Workshops — Approve. The minutes of the workshop and regular Council meeting of July 1, 2014 were approved. B. Olympic Skyline Condominiums Neiahborhood Council Desianation Resolution-Adopt. The Mayor moved to adopt Resolution No. 1894 recognizing the Olympic Skyline Condominiums Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City's neighborhood program. C. Substance Abuse and Mental Health Services Grant-Accept. The Mayor was authorized to accept the Substance Abuse and Mental Health Services Administration 5 Kent City Council Meeting Minutes July 15, 2014 grant in an annual amount of $48,258, amend the budget, and authorize expenditure of the funds in accordance with the grant terms, and the Mayor was authorized to sign all necessary grant documents with final terms and conditions acceptable to the Police Chief and City Attorney. D. Resolution Amending City Council Rules & Procedures-Adopt. The Mayor moved to adopt Resolution No. 1895, relating to the rules and procedures for the Kent City Council, City Council meetings, and Council Committee meetings. E. Budget Request for Electronic Monitoring Equipment Leasing Payment — Approve. The Mayor was authorized to approve expenditure in the amount not to exceed $237,535 and amend the budget to pay for electronic home monitoring equipment leased by the Police Department. F. Economic and Community Development Budaet Adiustment — Authorize. The Mayor was authorized to make a mid-year adjustment to the 2014 budget in the amount of $169,064.68 in the Economic & Community Development Department. G. Neighborhood Council Matching Grant Communication Budget Adiustment — Authorize. The Mayor was authorized to approve an amount of $5,800 for the Neighborhood Program Matching Grant Communication Budget for 2014 to support recognized Neighborhood Councils in their communication efforts. H. Public Works Staffina Budaet Adiustment — Authorize. The Mayor was authorized to accept Public Works Department's proposal to hire term-limited employees in three areas; one term-limited, full-time inspector for a period of two years or less to be funded out of permit revenue allocated to Public Works and establishing the budget for same; four term-limited maintenance workers to work on sidewalk or walking patch projects; and one term-limited commute trip reduction coordinator position to be paid for out of grant funds allocated for this purpose. I. Consultant Service Aareement with Shannon &Associates for the Green River Natural Resource Area — Pump Station Mitiaation Plan Aareement — Authorize. The Mayor was authorized to sign a consultant services agreement with Shannon & Wilson Incorporated in an amount not to exceed $23,616 to prepare a wetland mitigation plan and biological assessment for the Green River Natural Resources Area Pump Station project, subject to terms and final conditions acceptable to the City Attorney and Public Works Director. J. S. 220 & 212 Street Railroad Grade Separations Local Improvement District Study Contract — Authorize. The Mayor was authorized to approve Public Works Department to execute a contract in an amount not to exceed $100,000 with Foster Pepper PLLC to conduct a preliminary local improvement district special benefit study for the S. 228th Street and S. 212 Street Railroad Grade Separation Projects, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. OTHER BUSINESS 6 Kent City Council Meeting Minutes July 15, 2014 None. BIDS A. SR 516 to S. 231st Way Levee Improvements Russell Road Upper Levee - South Reach James Street/Russell Road Realignment Proiect - Accept. Councilmember Higgins moved to approve an award to SCI Infrastructure LLC in the amount of $2,176,334.02 for the SR 516 to S. 2315t Way Levee Improvements Russell Road Upper Levee-South Reach James Street/Russell Road Realignment Project, seconded by Councilmember Fincher. Motion carried 7-0. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph discussed the workshop. She noted the three topics were; residential marijuana zoning, the City's internal debt, and railroad grade separation projects in the valley. B. Mayor. Mayor Cooke communicated that there is a group from the City's Sister City in Norway visiting. She discussed the link light rail and stated that it is important for Kent residents and the business community to know what the options are. She encouraged residents to get their neighbors involved and informed. She noted that the staff is busy working on the second biennial budget. She discussed the environmental restoration project along 212th and the work going on with the US Army Corps of Engineers. She stated that Council President Ralph is attending the Flood Control District meeting with her and that the new Finance Director, Aaron BeMiller begins on July 23. She added that the new Chief Administrative Officer begins on August 11. C. Administration. No report. However, there will be a ten-minute executive session as per RCW 42.30.110(1)(b). D. Economic & Community Development Committee. In the minutes. E. Operations Committee. In the minutes. F. Parks and Human Services Committee. Councilmember Ranniger announced that the next Parks and Human Services Meeting would be on July 24 at 5 p.m. G. Public Safety Committee. Council President Ralph communicated that the school resource officer contract was approved unanimously and a grant was accepted to continue the work with the community concerning substance abuse. H. Public Works Committee. In the minutes. I. Regional Fire Authority. Councilmember Thomas communicated that the next meeting of the Regional Fire Authority is August 6 at Fire Station #78. 7 Kent City Council Meeting Minutes July 15, 2014 Councilmember Fincher reported that meetings on the Kent portion of the light rail will be held on Thursday, July 16 at 6 p.m., at Mark Twain Elementary School and 6 p.m., Wednesday, July 23, at Sacajawea Elementary School. Councilmember Berrios communicated that he is impressed with Tom and he has done a great job filling in as the City's chief administrative officer. He added that Pat Fitzpatrick and Paula Barry have done a great job, too. EXECUTIVE SESSION At 8:46 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for ten minutes to discuss property acquisition as per RCW 42.30.110(1)(b). At 8:50 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION A. Property Acquisition, as per RCW 42.30.110(1)(b). David Galazin, Acting City Attorney discussed a motion to acquire a parcel of property in the Clark Springs area. Councilmember Higgins moved to authorize the Mayor to sign all necessary documents to complete the purchase of property owned by Thomas M. and Kim A. Moore consisting of 2.09 acres in an amount not to exceed $500,000 for the purpose of source protection and the habitat near Clark Springs, subject to the approval of the final terms and conditions by the City Attorney, Public Works Director, and the Parks Director, Ralph seconded. Motion carried 7-0. ADJOURNMENT The meeting adjourned at 8:52 p.m. Ronald F. Moore, MMC City Clerk 8 KENT Agenda Item: Consent Calendar - 7C TO: City Council DATE: August 5, 2014 SUBJECT: Excused Absence for Councilmember Dennis Higgins - Approve MOTION: Approve an excused absence for Councilmember Higgins as he is unable to attend the City Council meeting of August 5, 2014. SUMMARY: Councilmember Higgins is unable to attend the City Council meeting of August 5, 2014. EXHIBITS: None. RECOMMENDED BY: Council President Ralph YEA: N/A NAY: N/A BUDGET IMPACTS: None. This page intentionally left blank. 40. • KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: August 5, 2014 SUBJECT: Consultant Services Agreement with GEI for Construction Phase Engineering for Upper Russell Road Levee - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with GEI Consultants, Inc. in an amount not to exceed $41,716 for engineering services on the Russell Road Upper Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: The City hired GEI Consultants to evaluate the SR 516 to S. 231st Way Levee, now known as the Russell Road Upper Levee. GEI determined that in order to meet FEMA Accreditation requirements, a setback levee must be built at the James Street/Russell Road Intersection. As the consultant who will prepare the reports for FEMA accreditation, GEI has specified how to build an accredited levee and will need to be onsite to make sure it is built properly. The soil under the new levee and the new levee material must be inspected to make sure it meets requirements. This contract will also make GEI available for additional construction support if questions arise or changes occur at some point during construction. EXHIBITS: GeoEngineers, Inc. Consultant Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher — Higgins NAY: BUDGET IMPACTS: The City will be reimbursed the full amount of the contract by the King County Flood Control District through the Interlocal Agreement signed by the Mayor on April 10, 2014. This page intentionally left blank. �✓ KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GEI Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GEI Consultants, Inc. organized under the laws of the State of California, located and doing business at 180 Grand Avenue, Suite 1410, Oakland, CA 94612, Phone: (510) 350-2908/Fax: (510) 350-2901, Contact: Alberto Pujol (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide engineering support services for the SR 516 to S. 231st Way Levee Improvements South Reach Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty One Thousand, Seven Hundred Sixteen Dollars ($41,716.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's willfully wrongful acts or negligent performance. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Alberto Pujol Timothy J. LaPorte, P.E. GEI Consultants, Inc. City of Kent 180 Grand Ave., Suite 1410 220 Fourth Avenue South Oakland, CA 94612 Kent, WA 98032 (510) 350-2908 (telephone) (253) 856-5500 (telephone) (510) 350-2901 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GEC-kk Upper/Hellock CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A 0 G E Consultants c o«a'^i July 11, 2014 � «'am,Resuum=s Mr. Toby Hallock, PE City of Kent Public Works Department 220 Fourth Avenue South Kent, WA 98032 Re: Scope and Budget estimate for Construction Phase Engineering Support Green River SR 516 to S. 231" Way Levee System South Reach Secondary Levee Dear Mr.11allock: This letter presents our proposed scope and budget estimate for the Construction Phase Engineering Support for the South Reach Secondary Levee along the Green River Right Bank Levee between SR 516 and S. 231at Way. Proposed improvements include the construction of a setback levee along the landside of the existing levee between approximate river stations 1061+00 and 1068+00, The improvements also include relocation of the intersection of Russell Road and James Street. We understand the City is planning to construct a portion of the work in 2014, but the bulk of the levee and road reconstruction will occur in 2015. Scope of Services We propose to perform the following scope of services: • Assist the City in evaluation of construction bids. • Attend the pre-construction meeting • Participate in select construction meetings by conference call. The meetings will be � limited to meetings where discussion of earthwork activities will be a significant topic of the meeting. • Support City in reviewing contractor submittals with significant engineering content, including contractor work plans and proposed levee fill materials. • Review material certificates and QC and QA test reports for fill, • Support City in reviewing and responding to RFFs that involve significant engineering content • Participate onsite at the startup of earthwork construction activities to: o Evaluate site conditions and construction procedures to confirm they are consistent with design assumptions www.gei c onsul tan ts.c o m GE Consultants,Inc. 180 Gn nd Ave,Suite 1410,Oald nd,CA 94612 510.350.2900 fa%510.350.2901 Mr. Toby Hallock, PE 2 July 11, 2014 o Review key construction features including foundation excavation and foundations prior to placing fill • Support City in reviewing change order requests if desired by the City • Support City with evaluation of contractor claims if needed • Perform design evaluations and prepare design modifications as required to conform design to conditions exposed during construction • Review As-built Drawings based on redlines from City and/or contractor Materials testing, daily inspections, and other construction management duties are not included in this scope. We have assumed that they would be performed by the City's construction management personnel and an inspection/testing firm. Schedule We are prepared to begin the work within 7 days of receiving a Notice to Proceed. We have assumed that bidding will occur in July 2014, the preconstruction meeting will occur in August 2014 and that earthwork activities will occur in August 2014. We assume that construction will be substantially complete by mid October 2015. Cost Estimate The proposed scope and level of effort are dependent on actual project duration, contractor activities, submittals, requests for information, and other items outside our control. For budgeting purposes, a preliminary breakdown of the estimated costs is included in the table below. Staff: Project Nickerson Pujol Labor Engineer Total Expenses Rate: $122 $218 $246 Design Support 40 16 4 $9,352 - Bidding Support 12 6 4 $3,756 Pre-Const. Meeting 8 2 8 $3,380 $ 1,400 Conf. Calls 8 8 4 $3,704 Submittal Review 8 2 2 $1,904 Review QA/QC 8 8 2 $3,212 Documentation Support RFI Response 8 4 2 $2,340 - Const. Site Visit 16 2 2 $2,880 $ 1,400 Support CO Request - 2 2 $928 - Support Claims Request - 2 2 $928 - Design Modifications 16 8 4 $4,680 - ReviewAs-Builts 4 4 2 $1,852 - Subtotals $38,916 $2,800 Suggested Budget $41,716 Conditions i Mr. Toby Hallock,PE 3 July 11, 2014 Our services will be provided in accordance with previously negotiated contract terms and conditions for the SR516 to the S 231"Way Levee. We will perform the above scope of work on a time and materials basis. Invoices will be submitted monthly based on the services performed as of the end of each billing period. This will be a new contract with the City of Kent. The time of completion of the contract will be December 31, 2015. Closing Thank you for the opportunity to submit this scope and cost estimate. We look forward to continuing to work with you on this project. Please call me at 510-350-2908 or Jim Nickerson at 781-712-4023 if you have any questions. Sincerely, GEI CONSULTANTS,INC. W Alberto Pujol,P.E. Vice President,Project Manager C; Jim Nickerson MI DAT.4'Q011\11055 Green River Lcvc6\11055-0 SR516 tc S231 st Wav Proposals`3outh Reach Conn Support PrOpOs01\RF.V 2\SR5I6 South Coimtmction Support201A 07 1Iducx EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. This page intentionally left blank. KENT H^s Agenda Item: Consent Calendar — 7E TO: City Council DATE: August 5, 2014 SUBJECT: 64th Avenue S Channel Improvements Phase II Puget Sound Energy Facility Agreements - Authorize MOTION: Authorize the Mayor to sign Facility Relocation Agreements with Puget Sound Energy to relocate existing electrical and gas facilities for the 64th Avenue South Channel Improvements Project Phase II, as approved by the City Attorney and Public Works Director, and ratify and affirm any act consistent with this authority and conducted prior to the effective date of this authorization. SUMMARY: The City Council approved a construction contract for this project on June 17, 2014, and the City's contractor will be ready to install two box culverts in the 64th Avenue S. channel in about six weeks. In order to complete the installation of these culverts, Puget Sound Energy (PSE) gas and electrical services to a neighboring business need to be temporarily relocated. It was originally anticipated that this work would be completed later in the project, but the contractor's sequencing requires that these utility services be relocated now. Public Works therefore requested the Mayor sign the PSE agreements in advance of Council authorization so that the work could be timely scheduled and completed. This authorization and ratification is consistent with Council's prior approval of the overall project. EXHIBITS: Facility Relocation Agreements RECOMMENDED BY: Public Works Committee YEA: Fincher - Higgins NAY: BUDGET IMPACTS: This agreement will be paid for from the storm drainage fund, with no unbudgeted fiscal impacts. The cost for the electrical relocation is estimated to be $33,432.96 and the gas relocation cost is estimated to be $32,464.45. This page intentionally left blank. i FACILITY RELOCATION AGREEMENT This Agreement, dated as of 2014, is made and entered into by and between Puget Sound Energy, Inc., a Washington corporation ("PSE"), and City of Kent, Washington, ("Government Entity"). PSE and the Government Entity are sometimes referred j to herein individually as a "Parry" and collectively as the "Parties." RECITALS A. PSE owns and operates certain utility systems and facilities necessary and convenient to the transmission and distribution of electricity ("Facilities")that are located on or in relation to certain operating rights ("Existing Operating Rights"). The Facilities and Existing Operating Rights are more particularly described on Exhibit A attached hereto and incorporated herein by this reference. B. The Government Entity plans to construct improvements to the culvert west of 60 AVE S approximately 330' South of S 226 ST. ("Improvements") C. In connection with the Improvements, the Government Entity has requested that PSE perform certain engineering design work and certain construction work relating to modification or relocation of its Facilities (the "Relocation Work"), all in accordance with and subject to the terms and conditions of this Agreement, and any applicable tariff on file with the Washington Utilities and Transportation Commission (the "WUTC"). D. The Government Entity has determined that it is in the public interest to have PSE remove its existing buried facility temporarily until the new culvert is in place. F. The Government Entity has provided to PSE a written plan for the Improvements (the "Improvement Plan") which includes, among other things, (a) plans and specifications sufficient in detail,as reasonably determined by PSE, for PSE to design and perform the Relocation Work, including reasonably detailed drawings showing the planned Improvements, (b) a list of the key milestone dates for the Improvements, and (c) information concerning possible conflicts between PSE's Facilities and other utilities or facilities. The Parties, therefore, agree as follows: AGREEMENT Section 1. Relocation Work 1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to this Agreement. 1.2 Performance of Relocation Work. Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable _I_ i efforts to perform the Relocation Work. PSE shall perform the Relocation Work in accordance with the schedule provided in Exhibit B (the "Relocation Schedule") with reasonable diligence in the ordinary course of its business and in light of any operational issues as to the remainder of its utility systems that may be influenced by the Relocation Work. PSE shall have no liability to the Government Entity or any third party, nor shall the Government Entity be relieved or released from its obligations hereunder, in the event of any delay in the performance of the Relocation Work due to any(a) repair,maintenance, improvement, renewal or replacement work on PSE's utility systems, which work is necessary or prudent as determined by PSE in its sole discretion; or(b) actions taken by PSE which are necessary or consistent with prudent utility practices to protect the performance, integrity, reliability or stability of PSE's utility systems or any systems to which such systems are connected. 1.3 Adjustments to the Relocation.Work. PSE shall notify the Government Entity in writing of any reasonably anticipated adjustments to the Relocation Work(including the Relocation Schedule and/or Relocation Cost Estimate) that result from(a) the revision or modification of any Improvements in a manner that requires PSE to revise its plans and specifications for the Relocation Work; (b) delays in PSE's performance of the Relocation Work caused by the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the control of PSE. The Parties acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Relocation Work. In the event such additional requirements arise, the Parties shall provide written notice thereof and shall use good faith reasonable efforts to appropriately respond to such requirements in a prompt and efficient manner, including appropriate adjustments to the Relocation Schedule and/or the Relocation Cost Estimate. 1.4 Performance by Government Entity. In the event the Government Entity is unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use reasonable efforts to adjust the Relocation Schedule to allow additional time for the Government Entity to perform such obligations; provided, that if the Parties cannot reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate this Agreement by giving written notice to the Government Entity, and the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with such termination under Section 5.5. PSE's determination as to the satisfaction or waiver of any such condition under this Agreement shall not be deemed to be a determination of satisfaction or waiver of any other condition arising under this Agreement. 1.5 Notice to Proceed with Construction Work. At least 10 days prior to the date specified in the Relocation Schedule for commencement of construction for the Relocation Work, the Government Entity shall either (a)provide to PSE a written notice to proceed with such construction work, or (b)terminate this Agreement by written notice to -2- PSE. In the event of such termination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5.5. Section 2. Operating Rights. Unless otherwise provided for in Exhibit B, the Government Entity shall be solely responsible for the acquisition of, and any costs related to acquisition of any and all operating rights for the Facilities that are necessary or appropriate, in addition to or as replacement for the Existing Operating Rights, for completion of the Relocation Work ("New Operating Rights"). Such New Operating Rights shall be in PSE's name, shall be of equivalent quality and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE, all as determined by PSE in its sole discretion. . Section 3. Permits. The Government Entity shall be solely responsible for the acquisition of, and any costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval given, made, done, issued or provided by any one or more governmental authorities with jurisdiction necessary or convenient for the Relocation Work(collectively, "Permits") The Permits shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence construction for the Relocation Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Permits necessary for the Relocation Work and all rights of appeal with respect to the Permits shall have been exhausted. The Government Entity shall be responsible for performance of and any costs associated with any mitigation required by the Permits. Section 4. Materials and Ownership i Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all necessary materials, equipment and labor required to perform the Relocation Work. All materials,information,property and other items provided for, used or incorporated into the Relocation Work(including but not limited to the Facilities) shall be and remain the property of PSE. Section 5. Relocation Costs 5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation j Work (the "Relocation Cost Estimate") is $33,432.96. The Parties agree that the Relocation Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs incurred in or allocable to the performance of the Relocation Work. i -3 i 5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its actual costs incurred during the performance of the Relocation Work, and in the event PSE determines that such costs are likely to exceed the Relocation Cost Estimate by more than twenty percent(20%), PSE shall so notify the Government Entity in writing. In such event PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be obligated to continue with performance of any Relocation Work unless and until PSE receives the Government Entity's written acceptance of PSE's revised Relocation Cost Estimate and written notice to proceed with the Relocation Work. In the event PSE does not receive such acceptance and notice from the Government Entity within ten (10) working days from the date of PSE's notice,then PSE may, at its discretion, terminate this Agreement. In the event of such termination, the Government Entity shall promptly pay PSE the amounts j payable to PSE in connection with termination under Section 5.5. 5.3 Relocation Costs. The Government Entity shall be responsible for, and shall reimburse PSE for, all costs and expenses incurred by PSE in connection with the performance the Relocation Work(the "Relocation Costs"). For purposes of this Agreement, the Relocation Costs shall include, without limitation, any and all direct and indirect costs incurred by PSE in connection with the performance of the Relocation Work, including,but not limited to, labor,personnel, supplies, materials, overheads, contractors, consultants, attorneys and other professionals, administration and general expenses and taxes. 5.4 Statement of Costs -Invoice. Within sixty (60) days of the completion of the Relocation Work, PSE shall provide the Government Entity with a statement and invoice of the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period after receipt of any written request from the Government Entity, such documentation and information as the Government Entity may reasonably request to verify any such invoice. 5.5 Costs Upon Termination of Agreement. In the event either Party terminates this Agreement,the Government Entity shall promptly pay PSE, the following: (a) all costs and expenses incurred by PSE in connection with the Relocation Work(including, without limitation, all Relocation Costs incurred through the date of termination and such additional costs as PSE may incur in connection with its suspension or curtailment of the Relocation Work and the orderly termination of the Relocation Work); and (b) all costs and expenses incurred by PSE in returning and restoring the Facilities to normal and reliable commercial operations. 5.6 Payment. The Government Entity shall, within thirty(30) days after the receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the full amount of the invoice. I 4 Section 6. Indemnification 6.1 Indemnification. The Govermnent Entity releases and shall defend, inderrmify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to,reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. PSE releases and shall defend, indemnify and hold harmless the Government Entity from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys'fees) caused by or arising out of any negligent act or omission or willful misconduct of PSE in its performance under this Agreement. During the performance of such activities employees or contractors of each Party shall at all times remain employees or contractors, respectively, that Party and shall not be; or be construed to be, employees or contractors, respectively, of the other Party. 6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a Party under this Section 6, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Section 7. Disclaimers and Limitation of Liability 7.1 Disclaimer. PSE makes no representations or warranties of any kind, express or implied, with respect to the Relocation Work or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing or usage of trade. 7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty,tort or otherwise, to any other party or to any other person for any indirect, incidental; special or consequential damages arising out of the performance or nonperformance of the Relocation Work or this Agreement. Section S. Miscellaneous 8.1 Tariffs Control. This Agreement is in all respects subject to all applicable i tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control. 8.2 Survival. Sections 2, and 4 through 8 shall survive any termination of this Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and i -5- i following termination of this Agreement neither Party shall have any further obligations arising under this Agreement and this Agreement shall be of no further force or effect. 8.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision or any other provision in that or any other instance; rather,the same shall be and remain in full force and effect. 8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the complete and integrated agreement of the Parties. This Agreement cannot be amended or changed except by written instrument signed by the Party to be bound thereby. 8.5 Force Majeure. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Parry or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a force Majeure Event, in connection with the Relocation Work or this Agreement. Upon removal or termination of the Force Majeure Event,the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event. 8.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or other communication under this Agreement given by either Party to the other Party shall be in writing and shall be delivered in person to an authorized representative or mailed,properly addressed and stamped with the required postage, to the intended recipient at the address and to the attention of the person specified below the Parties'respective signatures on this Agreement. Either Party may from time to time change such address by giving the other Party notice of such change in accordance with this section. 8.8 Governing Law. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement shall be fully binding upon the Parties and their respective successors, assigns and legal representatives. I -6- In witness whereof, the Parties have executed this Agreement as of the date set forth above. PSE: Government Entity: Puget Sound Energy,Inc. By By Its Its Address: Address: Attn: Attn: I i I I II I I i I 7- i EXHIBIT A FACILITIES AND EXISTING OPERATING RIGHTS i PSE has a 10' easement across parcel 9619540-0230. The easement is the North 10' of the South 45' of this parcel. PSE has primary cables in one 4" conduit located above the culvert. II i I i i i i _g_ I i 1CXHIBIT B RELOCATION WORK PSE/Potelco coordinated with the City of Kent to determine that a temporary overhead relocation was the best alternative for this project given the drainage course Iocation and working space. Phase 1: PSB/Potelco will install two temporary poles approximately 25' north of the north end of the existing culverts on both the east and west sides of the drainage channel. The existing conduits will be exposed and rerouted to the base of the poles where the primary will terminate and underground and be relocated overhead. A temporary casement will be required from the City of Kent to 13SF for temporary relocation of facilities over City of Kent properly throughout construction. Phase 2: Install a new 4"conduit within the existing easement,pull new cable,intercept and and reenergize line, I i I i I -9- This page intentionally left blank. N �_x E l 3 II Z _92 a C _ Z � uj ,. ►L ca � w Cie V U m o LL r Y X m a IMF,r+ m r V LW Q z y s c y o LA _ a L. 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O Uc mF 3S lim s ,� m m tl a E m m j,a aly 3/1�T�� >� 4 192. r j , I w �® 0 7 77 o LU _ s a_na rugs 11 •.. d p ogo I} J ®I€ z r rrLU w �roa5 Q ; I" _ u x�di ads ' S Ax aOr� ' , _ o , xp aa. s3aa '+' 3ax oa This page intentionally left blank. 101082554 y e5$�f _ GYP � F L EE Z 55 _ PGq p aj c i e s a - m S 3 10 m WH J 3 J ', sSaI a� w CO z h r€ o �o Fls „�as� ag�� ¢.z W __ .— s 3nv Haas 1 . 3a x a V 06ui W p ens E— s .. •li e 1 a 4 W I � 2 0 o- p o 'z m w 4 a �, '� :g w o^ w OF ercwe�ozx u+a.,s r nre iux r.a^.m.�aw.m, a�ey.m�_n,. . rwrr—r-remwApa'r .,^ o.e o n" ...� rm� aue io m This page intentionally left blank. PUGET ENEP� GY July 10, 2014 Mr. Garrett Inouye City of Kent 400 W Gowe St Kent, WA 98032 RE: Facility Relocation Agreement 64th AVE S Culvert, Phase 2 PSE Work Order# 109079437 Dear Mr. Inouye: Attached please find for your review two copies of Puget Sound Energy's (PSE) Facility Relocation Agreement (Agreement) for the portion of the 641h AVE S Culvert project where PSE's facilities are located on private property. Please review the Agreements and have them signed and dated by the appropriate person at the city. Once the city has signed the Agreements, please contact me. I will pick up the documents at your office and arrange for PSE signatures. I will then return one copy to you. We look forward to working with the City on this project. Should you have any questions, please contact me at 253-381-6714. Sincerely, �i Anita Yurovc ak Municipal Construction Planner Attachment: Facility Relocation Agreement Cc: Doug Corbin John Guay, InfraSource - ?u t,.oundJ G- li -;. > >, ouiY 28,71h This page intentionally left blank. FACILITY RELOCATION AGREEMENT This Agreement, dated as of 2014; is made and entered into by and between Puget Sound Energy, Inc., a Washington corporation ("PSE"), and The City of Kenn, ("Government Entity"). PSE and the Government Entity are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A PSE owns and operates certain utility systems and facilities necessary and convenient to the transmission and distribution of natural gas (`Facilities') that are located on or in relation to certain operating rights (`Existing Operating Rights"). The Facilities and Existing Operating Rights are more particularly described on Exhibit A attached hereto and incorporated herein by this reference. B. The Government Entity plans to construct improvements-at a culvert west of 64a'AVE S approximately 330' south of S 226 ST. ("Improvements"). C. In connection with the Improvements, the Government Entity has requested that PSE perform certain engineering design work and certain construction work relating to modification or relocation of its Facilities located on private property (the "Relocation Work"), all in accordance with and subject to the terms and conditions of this Agreement, and any applicable tariff on file with the Washington Utilities and Transportation Conanission (the "WUTC"). D. The Goverment Entity has determined that it is in the public interest to have PSE remove its existing buried facility temporarily until the new culvert is in place. E. The Goverment Entity has provided to PSE a written plan for the Improvements (the "Improvement Plan") which includes, among other things, (a) plans and specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and perform the Relocation«%ork, including reasonably detailed drawings showing the planned Improvements, (b) a list of the key milestone dates for the Improvements, and (c) information concerning possible conflicts between PSE's Facilities and other utilities or facilities. The Parties, therefore, agree as follows: -I- AGREEMENT Section 1. Relocation Work 1.1 Relocation Work. The Relocation Work(PSE Order# 109079437) is described in Exhibit B attached to this Agreement. 1.2 Performance of Relocation Work. Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC, PSE. and the Government Entity shall use reasonable efforts to perform the Relocation Work. PSE and the Government Entity shall perfomr the Relocation Work in accordance with the schedule provided in Exhibit B (the "Relocation Schedule') with reasonable diligence in the ordinary course of their business and in light of any operational issues as to the remainder of its utility systems that may be influenced by the Relocation Work. PSE shall have no liability to the Government Entity or any third party, nor shall the Government Entity be relieved or released from its obligations hereunder, in the event of any delay in the performance of the Relocation Work due to any(a) repair, maintenance, improvement, renewal or replacement work on PSE's utility systems, which work is necessary or prudent as determined by PSE in its sole discretion; or (b) actions taken by PSE which are necessary or consistent with prudent utility practices to protect the performance, integrity; reliability or stability of PSE's utility systems or any systems to which such systems are connected. 1.3 Adjustments to the Relocation Work. PSE shall notify the Government Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including the Relocation Schedule and/or Relocation Cost Estimate)that result from (a) the revision or modification of any Improvements in a manner that requires PSE to revise its plans and specifications for the Relocation Work; (b) delays in PSE's performance of the Relocation Work caused by the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the control of PSE. The Parties acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Relocation Work. In the event such additional requirements arise, the Parties shall provide written notice thereof and shall use good faith reasonable efforts to appropriately respond to such requirements in a prompt and efficient manner, including appropriate adjustments to the Relocation Schedule and/or the Relocation Cost Estimate. 1.4 Performance by Government Entity. In the event the Government Entity is unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use reasonable efforts to adjust the Relocation Schedule to allow additional time for the Government Entity to perform such obligations; provided,that if the Parties cannot reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate this Agreement by giving written notice to the Government Entity, and the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with such 2 termination under Section 5.5. PSE's determination as to the satisfaction or waiver of any such condition under this Agreement shall not be deemed to be a determination of satisfaction or waiver of any other condition arising under this Agreement. 1.5 Notice to Proceed with Construction Work. At least ten (10) days prior to the date specified in the Relocation Schedule for commencement of construction for the Relocation Work, the Government Entity shall either (a) provide to PSE a written notice to proceed with such construction work, or (b) terminate this Agreement by written notice to PSE. In the event of such termination,the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5.5. Section 2. Operating Rights Unless otherwise provided for in Exhibit B, the Government Entity shall be solely responsible for any costs related to acquisition of any and all operating rights for the Facilities that are necessary or appropriate, in addition to or as replacement for the Existing Operating Rights, for completion of the Relocation Work ("New- Operating Rights"). Such New Operating Rights shall be of equivalent quality and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE as determined by PSE in its sole discretion. Section 3. Permits The Government Entity shall be solely responsible for any costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval given, made, done, issued or provided by any one or more governmental authorities with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits"). The Permits shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence construction for the Relocation Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities; unless and until PSE is in possession of all Permits necessary for the Relocation Work and all rights of appeal with respect to the Permits shall have been exhausted. The Government Entity shall be responsible for performance of and all costs associated with any mitigation required by the Permits. Section 4. Materials and Ownership Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all necessary materials, equipment and labor required to perform the Relocation Work. All materials; information, property and other items provided for,used or incorporated into the Relocation Work(including but not limited to the Facilities) shall be and remain the property, of PSE. -3- Section 5. Relocation Costs 5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation Work (the "Relocation Cost Estimate") is $32,464.45. The Parties agree that the Relocation Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs incurred in or allocable to the performance of the Relocation Work. 5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its actual costs incurred during the performance of the Relocation Work, and in the event PSE determines that such costs are likely to exceed the Relocation Cost Estimate by more than twenty percent (20%), PSE shall so notify the Government Entity in writing. In such event PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be obligated to continue with performance of any Relocation Work unless and until PSE receives the Government Entity's written acceptance of PSE's revised Relocation Cost Estimate and written notice to proceed with the Relocation Work. ha the event PSE does not receive such acceptance and notice from the Government Entity within ten (10) working days from the date of PSE's notice, then PSE may, at its discretion, terminate this Agreement, in the event of such termination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5.5. 5.3 Relocation Costs. The Government Entity shalll be responsible for, and shall reimburse PSE for, all costs and expenses incurred by PSE in connection with the performance the Relocation Work (the "Relocation Costs"). For purposes of this Agreement, the Relocation Costs shall include, without limitation, any and all direct and indirect costs incurred by PSE in connection with the performance of the Relocation Work, including, but not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants, attorneys and other professionals, administration and general expenses and taxes. 5.4 Statement of Costs - Invoice. Within sixty(60) days of the completion of the Relocation Work. PSE shall provide the Government Entity with a statement and invoice of the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period after receipt of any written request from the Government Entity, such documentation and information as the Government Entity may reasonably request to verify any such invoice. 5.5 Costs Upon Termination of Agreement. In the event either Party terminates this Agreement, the Government Entity shall promptly pay PSE, the following: (a) all costs and expenses incurred by PSE in connection with the Relocation Work(including, without limitation, all.Relocation Costs incurred through the date of termination and such additional costs as PSE may incur in connection with its suspension or curtailment of the Relocation Work and the orderly termination of the Relocation Work); and (b) all costs and expenses incurred by PSE in returning and restoring the Facilities to normal and reliable commercial operations. -4- 5.6 Payment. The Government Entity shall, within thirty (30) days after the receipt of an invoice for costs payable corder this Agreement, remit to PSE payment for the full amount of the invoice. Section 6. Indemnification 6.1 Indemnification. The Government Entity releases and shall defend, indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity, in its performance under this .Agreement. PSE releases and shall defend, indemnify and hold harmless the Government Entity from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of PSE in its performance under this Agreement. During the performance of such activities employees or contractors of each Party shall at all times remain employees or contractors, respectively, that Party and shall not be, or be construed to be, employees or contractors, respectively, of the other Party. 6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a Party wider this Section 6, each Parry expressly waives its immunity, under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnif-v, defend and hold harmless provided for in this Section 6 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Section 7. Disclaimers and Limitation of Liability 7.1 Disclaimer. PSE makes no representations or warranties of any kind, express or implied, with respect to the Relocation Work or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing or usage of trade. 7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty,tort or otherwise, to any other party or to any other person for any indirect, incidental, special or consequential damages arising out of the performance or nonperformance of the Relocation Work or this Agreement. -5- Section 8. Miscellaneous 8.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of airy conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control. 8.2 Survival. Sections 2 and 4 through section 8 shall survive any termination of this Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and following termination of this Agreement neither Party shall have any further obligations arising under this Agreement and this Agreement shall be of no further force or effect. 8.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision or any other provision in that or any other instance; rather, the same shall be and remain in full force and effect. 8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the complete and integrated agreement of the Parties, This Agreement cannot be amended or changed except by written instrument signed by the Party to be bound thereby. 8.5 Force Majeure. to the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party`s performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a force Majeure Event, in connection with the Relocation Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event. 8.6 Enforceability. The invalidity or unenforceability°of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or other communication under this Agreement given by either Party to the other Party shall be in writing and shall be delivered in person to an authorized representative or mailed, properly addressed and stamped with the required postage, to the intended recipient at the address and -6- to the attention of the person specified below the Parties' respective signatures on this Agreement. Either Parry may from time to time change such address by giving the other Parry notice of such change in accordance with this section. 8.8 Governing Law. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement shall be fully binding upon the Parties and their respective successors, assigns and legal representatives. In witness whereof. the Parties have executed this Agreement as of the date set forth above. PSE: Government Entity: Puget Sound Energy, Inc. By By Its Municipal Liaison Manager Its Address: 6905 South 2281h Street Address: Kent, Wa 98032 Attn: Community Services Dept Attn: 7 EXHIBIT A FACILITIES AND EXISTING OPERATING RIGHTS Facilities: 1 '/4" PE gas piping servicing 6250 S 228 ST, Kent, WA Operating Rights: Auditor filing 4 20040102001801 The North 20' of Tract A Northwest Business Park—Phase 1 -8- EXHIBIT B RELOCATION WORK Description of`'York: PSE Relocation—Phase 1: Convert the FED EX shop addressed as 6250 S 228 ST, Kent; WA to propane. Cut and cap the 1 1/e ' PE gas service line at the property line on the west side of 64th AVE S. Traffic Control to be provided by City. PSE Relocation—Phase 2: Replace the service line to the Fed Ex shop and remove propane equipment. Traffic Control to be provided by City. Work to take place once the culvert work is completed or as can be coordinated with the contractors work. -9- This page intentionally left blank. s a LL d E w 0 U <t _c N: N O m O 0 � O U U 7 a L v U U G c 0 ® c c 'a c c) U Q � ^ O O u O � uj v O [L 4i U w U OC 3 n t _ U Yt y a Lj- i C C h d v = N u O O � d o z c c d o c m i s a o 6� 'o o „ a o0 U v E ,Fa m o o Ua-w- This page intentionally left blank. KENT H^s Agenda Item: Consent Calendar — 7F TO: City Council DATE: August 5, 2014 SUBJECT: WRIA 8 Interlocal Agreement Addendum - Authorize MOTION: Authorize the Mayor to sign the Addendum to the Interlocal Agreement for the Watershed Basins within Water Resource Inventory Area 8 subject to terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: In 2006, Kent signed an interlocal agreement (ILA) with a number of public agencies for the WRIA 8 (Lake Washington/Cedar River Watershed) to share interests and responsibilities for long-term watershed planning and conservation, and funding and implementation of various activities for salmon recovery and habitat restoration. The term of the ILA is from 2007-2015. Though previously eligible, the City Council of the City of Woodway just recently voted in May 2014 to formerly join the ILA. Any change of the terms of the ILA, including adding new jurisdictions to the cooperative may only be made by the unanimous consent of the existing parties to the agreement. This addendum allows the City of Woodway to join the Interlocal Agreement for the Watershed Basins within Water Resource Inventory Area 8. EXHIBITS: Addendum to WRIA 8 Interlocal Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher - Higgins NAY: BUDGET IMPACTS: None This page intentionally left blank. I ADDENDUM TO 2 INTERLOCAL AGREEMENT 3 For the Watershed Basins within Water Resource Inventory Area 8 4 5 PREAMBLE 6 THIS ADDENDUM ("Addendum") to that certain Interlocal Agreement for the Watershed Basins 7 within Water Resource Inventory Area 8 ("Agreement") is entered into by the Parties to that 8 Agreement and the City of Woodway ("City"), for the purposes of allowing the City to become a 9 member, with full rights and obligations under the Agreement, of the WRIA 8 Salmon Recovery 10 Council, as described in the Agreement ("Council"). This Addendum sets forth the rights and 11 obligations of the City and memorializes the unanimous consent of all Parties to the Agreement to 12 the City's joining the Council as a voting member, in accordance with the terms of Section 8 of 13 the Agreement. The City is identified in Section 1.1 of the Agreement as an eligible jurisdiction for 14 participation in the Council. The Parties and the City share interests in and responsibility for 15 addressing long-term watershed planning and conservation for the watershed basins in WRIA 8 16 and wish to provide for funding and implementation of various activities and projects therein. 17 18 TERMS FOR THE CITY OF WOODWAY'S PARTICIPATION IN THE COUNCIL 19 20 1. The City of Woodway's legislative authority by Resolution 14-373 has authorized the City's 21 becoming a member of the Council in accordance with the terms of the Agreement and has 22 authorized the City's appointed representative to sign this Addendum on behalf of the City. 23 2. In order to become a voting member of the WRIA 8 Salmon Recovery Council, the City of 24 Woodway and the Parties agree to the following conditions: 25 2.1. The City's annual cost share is projected contribution for 2015 is $866 for the programs 26 and activities of the Council, which is subject to change for 2015 and future years based 27 on changes in one or more parameters of the formula, or by agreement of the parties, 28 including Woodway, changing the total dollar amount of the assessment to be collected. 29 Woodway's cost share is based on a population of 1,310 (0.1% of the watershed), 30 assessed value within the City of$441,766,909 (0.2% of the watershed), and an area in 31 square miles of 1.08 (0.2% of the watershed). 32 2.2. Since the City is joining the Council after the first trimester of 2014, its cost share for 33 2014 shall be$577.33, which the City agrees to pay to the Fiscal Agent (as identified in 34 the Agreement), as its cost share for the activities and programs of the Council. 35 2.3. For the City to become a member of the Council, all existing members must unanimously 36 express their consent to the City's becoming a member. The City becomes a member of 37 the Council on the date when this Addendum is last signed by the Party representing the 1 Addendum to WRIA 8 ILA 2007-2015 May 2014 38 final signature of unanimity. The date of such signing shall be the effective date of this 39 Addendum. Representatives of the Parties shall sign this Addendum after the City has 40 signed it in accordance with the provisions of Section 1 above. 41 3. Upon the effective date of this Addendum, the City of Woodway shall be a member of the 42 Council, and shall have all of the rights, privileges, duties and obligations afforded the Parties 43 under the terms of the Agreement. 44 45 IN WITNESS WHEREOF, the City of Woodway and the Parties have executed this Addendum on the 46 dates indicated below: 47 48 49 TOWN OF WOODWAY 50 51 By: 52 53 Title: 54 55 Date: 56 57 58 TOWN OF BEAUX ARTS VILLAGE 59 60 By: 61 62 Title: 63 64 Date: 65 66 67 CITY OF BELLEVUE 68 69 By: 70 71 Title: 72 73 Date: 74 2 Addendum to WRIA 8 ILA 2007-2015 May 2014 75 CITY OF BOTHELL 76 77 By: 78 79 Title: 80 81 Date: 82 83 84 CITY OF CLYDE HILL 85 86 By: 87 88 Title: 89 90 Date: 91 92 93 CITY OF EDMONDS 94 95 By: 96 97 Title: 98 99 Date: 100 101 102 TOWN OF HUNTS POINT 103 104 By: 105 106 Title: 107 108 Date: 109 110 3 Addendum to WRIA 8 ILA 2007-2015 May 2014 111 CITY OF ISSAQUAH 112 113 By: 114 115 Title: 116 117 Date: 118 119 120 CITY OF KENMORE 121 122 By: 123 124 Title: 125 126 Date: 127 128 129 CITY OF KENT 130 131 By: 132 133 Title: 134 135 Date: 136 137 138 KING COUNTY 139 140 By: 141 142 Title: 143 144 Date: 4 Addendum to WRIA 8 ILA 2007-2015 May 2014 145 CITY OF KIRKLAND 146 147 By: 148 149 Title: 150 151 Date: 152 153 154 CITY OF LAKE FOREST PARK 155 156 By: 157 158 Title: 159 160 Date: 161 162 163 CITY OF MAPLE VALLEY 164 165 By: 166 167 Title: 168 169 Date: 170 171 172 CITY OF MEDINA 173 174 By: 175 176 Title: 177 178 Date: 5 Addendum to WRIA 8 ILA 2007-2015 May 2014 179 CITY OF MERCER ISLAND 180 181 By: 182 183 Title: 184 185 Date: 186 187 188 CITY OF MILL CREEK 189 190 By: 191 192 Title: 193 194 Date: 195 196 197 CITY OF MOUNTLAKE TERRACE 198 199 By: 200 201 Title: 202 203 Date: 204 205 206 CITY OF MUKILTEO 207 208 By: 209 210 Title: 211 212 Date: 6 Addendum to WRIA 8 ILA 2007-2015 May 2014 213 214 CITY OF NEWCASTLE 215 216 By: 217 218 Title: 219 220 Date: 221 222 223 CITY OF REDMOND 224 225 By: 226 227 Title: 228 229 Date: 230 231 232 CITY OF RENTON 233 234 By: 235 236 Title: 237 238 Date: 239 240 241 CITY OF SAMMAMISH 242 243 By: 244 245 Title: 246 247 Date: 248 249 7 Addendum to WRIA 8 ILA 2007-2015 May 2014 250 CITY OF SEATTLE 251 252 By: 253 254 Title: 255 256 Date: 257 258 259 CITY OF SHORELINE 260 261 By: 262 263 Title: 264 265 Date: 266 267 268 SNOHOMISH COUNTY 269 270 By: 271 272 Title: 273 274 Date: 275 276 277 CITY OFWOODINVILLE 278 279 By: 280 281 Title: 282 283 Date: 284 285 8 Addendum to WRIA 8 ILA 2007-2015 May 2014 286 TOWN OF YARROW POINT 287 288 By: 289 290 Title: 291 292 Date: 9 Addendum to WRIA 8 ILA 2007-2015 May 2014 This page intentionally left blank. ISZKENT Agenda Item: Consent Calendar- 7G TO: City Council DATE: August 5, 2014 SUBJECT: Cigarette Litter Reduction Grant - Authorize MOTION: Move to accept the Cigarette Litter Prevention Program grant from "Keep America Beautiful" in the amount of $2,000, amend the budget and authorize the expenditure of funds in accordance with the grant agreement, and authorize the Mayor to sign all grant documents. SUMMARY: The City has received a $2,000 grant from the "Keep America Beautiful" organization's Cigarette Litter Prevention Program, of which 50% is to be used to purchase cigarette litter receptacles to help reduce this litter. If accepted, the City plans to use the receptacles at highly-littered bus stops on Pacific Highway and Kent- Kangley. The grant includes 200 pocket ashtrays and 200 portable ashtrays which are designed to fit into vehicle cup holders. Many new cars do not have built-in ashtrays, resulting in drivers flicking cigarette butts out of vehicles. In addition to littering, this can result in roadside fires. Many people are not aware that cigarette litter is hazardous to both wildlife and the environment, water in particular. The City will continue to educate citizens about litter reduction and the hazards of littering. EXHIBITS: 1) Grant Checklist 2) Flyer RECOMMENDED BY: Public Works Committee YEA: Fincher - Higgins NAY: BUDGET IMPACTS: None This page intentionally left blank. Clhedlk Us IF it Cligairette l,,.iiitt it I irev intiil oin IPirogiraim 2014hint Recipient LL Iltanviiewtlhuan,,,IlMeirnoralridu�,lm�...of_t.Dirideirstairidiii F Make sure you understand all grant requirements. LL Revue w,..tlma._4,a ,. id..tar,.th 1..Cuga,lrettau...11Litteir„Pireve ntiiarin...Pr�r�ira,lmn...onll,iine To help plan and implement a local CLPP,go to www.PreventCigaretteLitter.org. Use downloadable and customizable materials in the Resources Section. LL G.A.tlh,air,.a,.ir.id.ed..uaeat.eV.ar lr„Ilayaall....11;aslk..Poirce In the Resources Section of the CLPP website, use the customizable PowerPoint, CLPP videos,and the litter facts brochure. LL Review th e Forer Proven iterate .as..trCli alret ....I.IItteir Prevention&decid ..Iw ...... ...w..l.l.......em.... ................................................................................................................................. . ........ . ........................................................................................................... . r .i . .. . .II.Ie fl..e.et..t.l u.aem., • Il�evimrvv Il.itter I[.avvs and Ordinances for reference to cigarette butt litter. Support enforcement of the ordinances and ...................................................................................................................................... appropriate fines. • IRaise II»ublia;Awareness that a cigarette butt or cigar tip on the ground is litter too. Use the PSA's and other online program ........................................................................................... resources to reach target audiences with this message through a variety of media. 20-30%of the grant should be spent on messaging and signage. • II»laa;e Ash ike.cegades at"transition points" in the program area to support proper disposal of cigarette butts. Ash ........................................................... receptacles are the largest budget item and key to program sustainability: at least 50%of the grant should be spent on ash receptacles(not pocket ashtrays), and invoice copies may be requested. KAB strongly recommends that questions on the selection,purchase,installation,and maintenance of ash receptacles be resolved as early as possible. • Illistributm II»oraable AWt®and(or Pocket Ashtrays to adult smokers. These ashtrays give adult smokers a way to properly .................................................................................................................................................................................. dispose of cigarette butts. (If preparing ROI, MSRP=$3 each) LL Conduuct..a._Rqua,�,lliil�u,ii,in irk...a:.ii�a,iretlta*...liitter_saa,n The CLPP Task Force conducts a preliminary scan in a smaller, representative section of the larger program area. The preliminary scan is executed before the CLPP is launched to establish quantitative baseline data. For further guidance and methodology on the Cigarette Litter Scan, please see the 'Cigarette Litter Scanning Instructions'in the Resources Section of the CLPP website. Cigarette Litter Scans now include a count of both cigarette butts&cigar tips. Please track the counts separately. The 'Field Scan Document'in the Resources Section of the CLPP website will help you keep track of your counts. LL Oirdelr_as.lm_Ir�aeau,Ipta .Ilas,.a.lna..lalla.!n..tar Install byJune 1, 2(�14 Confirm who will install, secure,and maintain ash receptacles. Select and order as soon as possible:the longer these are in place,the greater the impact. Shop around for the best price. The preliminary cigarette litter scan will indicate how many are needed and where they should be installed. Please review the brochure, 'Selecting and Using Pocket/Portable Ashtrays and Ash Receptacles'in the Resources Section of the CLPP website. Ll aorn,iryll ta..tlman...imniia�.:surlmn,irn�lr_Ir�.lp t This brief report in Re TRAC Connect is due no later than June 161h,2014. Your preliminary scan count of cigarette butts&cigar tips will be reported along with ash receptacle installation information and overall progress of the program. LL Coinduual_a,1oll,llow uu,liro"„a;,iigaeraat a Iliit aaer saran Conduct a follow-up scan at least 8 weeks(and preferably longer)after ash receptacle installation. Results must be reported in Re-TRAC Connect no later than September 12,2014. LL Conduuct..a._Rsuusta,iilna,lbHillii.�y a:pga.!raata...Iliiltannr,saanm. Conduct and report a sustainability scan. This additional follow-up scan will take place no earlier than 6 months after the first follow-up scan. Results must be reported in Re-TRAC Connect no later than May 1,2015. This page intentionally left blank. IIIIIIII p I�IIIIIIIII�III I� III u I I �IIIIII �����uuuuu i J CD LU IIIIIIIIIIIIIIIIIIIIIIIIIIII ce �IIIIIM IIIII �� C U J Iluuu� t� Q3 CD C3 VIU U pumlli hlllllllu �. 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NVHv2 .o Y te ° N ° C + NN "N O m yl N : Q Q 0 c N pH N _ E O N EQaAv N¢=HQ aj La+Yv«A,Qw� sYrnOA�PQ3333�,N Q O = w O V W N w W t0 Z Q N y/ Q Y N w C Q o w " N O L Y m w waj O E 4 W N A m o y ,r w 5 6 IIII II H O N Y N N N O V N a, y/ V 4 N Q t0 t0 V V a1 U w .n o l a y w O O J r-00 ° N Y cv " O_ 'O L ° Caj O O O N N O c N N O N d .� Q O Q N t0 d N Q t0 V m �i �i w m ry LfU m� w vi i' vi ry KENT Agenda Item: Consent Calendar — 7H TO: City Council DATE: August 5, 2014 SUBJECT: Consultant Services Agreement with GeoEngineers for SR 516 to S 231st Way Levee Improvements Project - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with GeoEngineers in an amount not to exceed $158,236 for materials testing and inspection services related to the SR 516 to S 231st Way Levee Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Council approved a construction contract on July 15, 2014, to complete this project. Once constructed, this section of the levee will provide 500 years flood protection. It is the second of three projects near the Lakes Community that will eventually lead to FEMA accreditation of the levee. Sound engineering practices dictate that aggregates, asphalt, and cement/concrete be tested by a geotechnical laboratory to assure the construction materials meet contract specifications. Materials analyses require a laboratory with certified testing equipment that the City does not own. On-site, nondestructive density and moisture content tests are also necessary for quality control and quality assurance. GeoEngineers has the appropriate certifications and expertise to perform these duties and was selected based upon its qualifications. City staff will perform other construction inspection and construction management duties. EXHIBITS: GeoEngineers Inc., Consultant Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher - Higgins NAY: BUDGET IMPACTS: The City will be reimbursed the full amount of this contract by the King County Flood Control District. This page intentionally left blank. �✓ KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide construction observation, consultation and documentation for the SR 516 to S. 231st Way Levee Improvements James Street/Russell Road Realignment Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Fifty Eight Thousand, Two Hundred Thirty Six Dollars ($158,236.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. For claims arising or alleged to arise from Consultant's professional services only, Consultant's duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, and agents in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lyle Stone Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 S. Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) APPROVED AS TO FORM: Kent Law Department GeoEnglneers-SR 516 to 231"Way Levee/Kuehne CONSULTANT SERVICES AGREEMENT - 6 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A GEOENGINEERS, INC. SR 516 TO 2315T WAY LEVEE IMPROVEMENTS JAMES STREET/RUSSELL ROAD REALIGNMENT CONSTRUCTION OBSERVATION AND CONSULTATION KENT,WASHINGTON JUNE 5, 2014 FILE NO. 0410-189-00 INTRODUCTION The purpose of our services is to provide construction observation,consultation and documentation for the construction of certain improvements to the SR 516 to 2315t Way Levee(Lower Russell Road Levee)on the Green River. This phase of the project will include constructing a setback levee section and realigning the intersection of James Street and Russell Road over the setback levee. Construction will include placing levee fill, regrading river bank slopes, placing roadway fill, constructing cast-in-place concrete retaining walls and repaving the roads. Project plans and specifications were prepared by the City of Kent. We understand that GE] is the geotechnical engineer of record for the parts of the project that pertain to the levee. GEI will review contractor submittals, contractor requests for information (RFIs) and design changes as needed for the levee section. GeoEngineers will be the City's on-site representative to observe and document construction activities. Our role will be to provide material testing, daily inspections and construction management duties not included in GEI's scope of services. We will provide geotechnical recommendations during construction,as needed,for the retaining walls and roadway section that is not part of the levee section. We understand the project is scheduled for 120 working days starting in June 2014. A more detailed schedule has not yet been developed. SCOPE OF SERVICES Our specific scope of services for the SR 516 to 231st Way Levee Construction includes: 1. Attend construction coordination meetings as required and requested. We have budgeted for Lyle Stone(Senior Engineer)to attend seven on-site construction meetings during the project. This is based on attending a kick off meeting and one meeting every four weeks during the length of the project. 2. Provide full-and part-time construction observation services to support the City of Kent's construction inspector. It is anticipated that we will be required to be on site full time during construction of the project. We will coordinate with the City of Kent's lead construction inspector while on site. Our observations will be documented in daily field reports. We have based our construction observation budget on 100full-time days (8.5 hours)on site and 20 part-time days(4 hours)on site. Emily Walner (Lead Technician) will be the primary field contact for GeoEngineers. Brett Larabee (Engineer 2) will provide backup as needed. City of Kent June 5,20J.4 Page 2 3. Provide soil and aggregate laboratory testing. We will provide testing of fill materials including sieve analyses, and maximum density determinations (Proctor Tests). We have budgeted for percent fines determinations(10), sieve analyses(20), and Proctor Tests(15). 4. Provide construction materials testing including concrete and asphalt testing. Inspection of reinforcing steel,concrete testing, and asphalt testing will be completed by or in coordination with Mayes Testing, our Washington Association of Building Officials (WABO) certified subconsultant. We have based our materials testing budget on the material quantities in the bid documents. We have assumed that there will be up to five separate concrete pours requiring concrete inspection. 5. Provide construction consultation as requested. 6. Prepare a summary of our tests and observations at the end of construction for inclusion with levee inspection documentation. 7. Provide additional services as required and requested. US:GHS:tt i Attachments: Exhibit B. Fee Estimate Mayes Testing Engineers Inc.Proposal Disclaimer:Any electronic form,facsimile or hard copyof the original document(email.text,table,and/orfgure)Jf provided,and any attachments are only a copy of the original document.The original document Is stored by GeoEngineers,Inc.and will serve as the official document of record. Copyright©2014 by GeoEngineers,Inc. All rights reserved I GEOENGINEER� rle N.,0410.1G9-00 a n ro ¢ d E m m ti o m o i"n h aE -i N q N oZ e9 e"i N fV N.mN rN e"i L9 W f9 b3 iR W bl aq (4 'L LU E E E ELo E Y N Y O W O W �' G e O ir t- U) g nn o c O a � V Y92 » a W O C d Vl N LL q4) d10 N E pq Yi W �'r d d 0 C � N N m W 3 y ^a m c N � I LOix y O N (n w a E a c o E E I a'x° N o a z 'c.55 u dl EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. KENT Agenda Item: Consent Calendar — 7I TO: City Council DATE: August 5, 2014 SUBJECT: 2014 Second Quarter Fee-in-Lieu Funds — Accept MOTION: Accept $19,425 for fee-in-lieu funds and amend the Park Lifecycle Program budget for future expenditures of funds in project budgets. SUMMARY: Between April and June 2014 the City of Kent received a total of $19,425 from the following developers, who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single-family homes in local subdivisions. The funds will be used at the park locations as noted below. • Green Tree Park: $9,000 from Soundbelt NW/Kurt Wilson • Springwood Park: $10,425 from Forest Ridge Court II EXHIBITS: Copy of Revenue Report RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Higgins - Fincher NAY: BUDGET IMPACTS: Revenue increase of $9,000 to Green Tree Park budget and $10,425 to Springwood Park budget. This page intentionally left blank. U N O � v as a o N (6 � a d E 0 U `o `o a c Y N O L U r c o o m z .a a a U O d � J U! O O O E � N � m m Z rNi m N C N N J p m O p m o � as a J h A a w N 0 o Oo O _ o O � E o m ai m Q � � o t � o � N N N N N v m � N N U N M N I� O N N 0 Y Y — � � m m d F 0 0 � J (D O U O O N d O G7 M a d � a ' N V O N M M a � j N N N z N N 0 O O N 0 O d d N J U This page intentionally left blank. KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: August 5, 2014 SUBJECT: King County Directors Association Agreement for Playground Equipment Purchase - Authorize MOTION: Authorize the Mayor to sign the King County Directors Association agreement for up to $85,000, including contingencies, to furnish playground equipment at Green Tree Park, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The City is renovating Green Tree Park this summer. The work will be performed in-house by Parks construction staff. This contract is to furnish the new play equipment that will be installed as part of the park project. This equipment was selected by a panel of three citizens from four available options provided by Landscape Structures, Inc. The City is purchasing the playground equipment through the King County Directors Association (KCDA) Purchasing Cooperative. EXHIBITS: Draft King County Directors Association Contract RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Higgins - Fincher NAY: BUDGET IMPACT: The funds for this project are from the Parks Lifecycle Program, supplemented in part by a King County Youth Sports Facilities grant for $60,000. This page intentionally left blank. KENT wAs ro GOODS & SERVICES AGREEMENT between the City of Kent and Landscape Structures Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Landscape Structures Inc. organized under the laws of the State of Minnesota, located and doing business at 601 7th Street South, Delano, MN 55328- 0198; Mfr. Rep Chris Donahue (206) 932-6366 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: As Detailed on KCDA Order Form #1407-8214-3, incorporated herein as Exhibit A: Furnish play equipment - climbing structures, bridges and ramps, slides, swings, and structural support materials - for Green Tree Park. This Agreement is for equipment purchase & delivery only. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services within 60 days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Eighty- Five Thousand Dollars and No Cents ($85,000.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) One Lump Sum If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit 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 purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) I. 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) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Chris Donahue Brian Levenhagen Play Creation, Inc. City of Kent 2104 SW 152nd Street, Ste 4 220 Fourth Avenue South Burien, WA 98166 Kent, WA 98032 (253) 691-6847 (telephone) (253) 856-5116 (telephone) chris@playcreation.com bjlevenhagen@kentwa.gov APPROVED AS TO FORM: Kent Law Department P'.\PlenningAGreen Tree PerkVGreen Tree kenovetlonATSINmKCDH{ONITACT doc: GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Green Tree Park-option 4 revision ll -ry KCDA Order Form#1407-8214-3 L?LAY slurtoaBk.¢piryg.awrd S�PUetU�5,. TO: APPROVAL SIGNATURE City of Kent Parks Planning&Development attn:Brian Levenhagen signature 220 4th Ave South Kent,WA 98032 253.856.5116 pant name bjlevenhagen@kentwe.gov Dale: July 17,2014 date 'I Please issue Purchase Order to KCDA Purchasing Cooperative Lead Time USA Manufacturer Your RepresaMatloe KCpA Contract 14 to 27 days Landscape 6tmctures,Inc CM1ds Donahue 263691 61W7 fk14-315 QuantitV Model Number&Descii Lion Unit Pnce KCDA Total 1 I 124863c 811dewlnder2 [2-51 6 2.055.00 $ 123.30 $ 1,931.70 1 1431995 Conical Climber [2-51 $ 2fi$ 02)160.02 $ 2 506.96 1 177712A Color Splash Panel l2-51 $ 2. 13956 $ 2,186.44 1 115228A Driver Panel[2-5] $ 40.98 $ 642.021 173567A Marble Panel [2-5] $ 1, 110.76 $ 1735.241 115254A Storefront Panel[2-5] $ 29,40 $ 460.60 1 169315A Tree House Roof[25] $ 2, 164.34 $ 2 574.66 1 1s4354e Cued Transfer Module [2-5] $ 2 146.29 S 2,291.72 '92 Kick Plate [2-51 $ , 5.64 S 88.36 1 1112MA Square TenderDeck $ 801.00 $ l48.06 $ 752.94 1 111231A Triangle Tenderdeck [2-51 $ 662.00 S 39.72 $ 622.26 Y 119646A-- TPDeck-Extenston 12-51 -- -- $ --602.00 -S - -36.12 $ --565-,88 --- -- -- 2 111404E 116"Aluminum Post [25] $ 250.00 $ 15.00 $ 470.00 4 1114030 15S"Aluminum Post for Roof 12-51 $ 321.00 $ 19.26 $ 1,206.96 2 112179A Saddle Spinners [2-121 5 918.00 $ 55.08 $ 1.725.84 1 S848E7A Storefront Panel[2-5] S 326.00 $ 19.56 $ 306,44 1 115201S Leaning Wall Post $ 199.00 $ 11.94 $ 187.06 1 182504A Welcome,Age Appropriate Sign [2-61 $ 270.00 $ 1620) $ 253.80 1 189313A Rushwinder [5-121 $ 395500 $ 237.48 $ 3720.52 1 193170A LolliLadderw/2 E-Pads[5-12] $ 1,979,00 $ 118,74 $ 1.860.26 1 166809A E-Pod Seal $ 250.00 $ 15.00 $ 235.00 1 193174A Sol Spinner [5-12] $ 182600 $ 109.56 S 1716.44 1 193168A Netplex,7 steel post,no Roof [5-12] $ 5,222.00 $ 313.32 $ 4,908.68 1 194659A Skypod Climber [5-121 $ 17,641,00 $ 1,058.46 $ 16,562.54 1 111444F 108"Aluminum Past 15-121 $ 245.00 $ 14.70 $ 230.30 1 101404E 116"Aluminum Post [5-12] $ 250.00 $ 15.00 $ 235.00 1 1014040 124"Aluminum Post [5-12] 5 270.00 $ 16.20 $ 253.80 1 158105A Wobble Pod 5 1,199.00 $ 77.94 $ 1127.06 1 194663A ZlpKroos Per g 9,353.00 $ (561.18) $ 8791.82 1 177330A 5"Arch Swing Frame [2-121 $ 2,448oO $ 146,88 $ 2301.12 1 177531A 5"Arch Swing,Additional Bay [2-12] $ 1,499,00 $ 89.94 $ 1,409.06 2 174018A Bell Seats&ProGuard Chain 12-12] $ 104,00 $ 6.24 S 195.52 2 177350A Molded Bucket Seal&ProGuard Chain [2-12] $ 510.00 S 30.60 $ 958.50 1 1a25o4C Welcome,Age Appropriate Sign [5-121 $ 270.00 $ (16.20) $ 253.80 1 173591A OmniSpin Spinner Mid [2-12] 5 6. 28.00 $ (385.56) $ 6,040.44 1 wrk Supervise Installation(material sub total S71,320) 5 2,853.16 $ (171.19) $ 2,881.97 ORDERING INSTRUCTIONS Issue Purchase Orderto KCDA Purchasing Coopera0ve Sub Total $ 74,01 L05 Send Purchase Order to PlayCleation,Inc.for processing Freight $ 3,515.19 Pddng per KCDA Correct#14-315 Tax(9.5%) $ 7,364.99 Excludes Material Off-Load TOTAL $ 84,891.23 KcOq Purchasing Cooperative PleyCreatlon, ne Landscape Structure 38139-BOth Aves 21045W 152nd Street,suite 4 601-7th Street South Kent,WA 9806435Sg Burien,WA 99166 Delano,MN 55328-0198 attention Paula Schilling 206,932,6366 763.972,5200 pzchilling@kcda.org Chris@playcrea[ion.com elaineharkness@playlsLcom ISSUE PURCHASE ORDER TO KCDA ==:;� PlayCreaticnprocesses E= enginnered&manolactered by LSl This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7K TO: City Council DATE: August 5, 2014 SUBJECT: Justice Assistance Grant Application Funding VNET — Office Manager — Accept MOTION: Authorize the Mayor to accept the Justice Assistance Grant to fund the Valley Narcotics Enforcement Team office manager, in an amount of at least $91,842, to sign all documents, to amend the budget, and to authorize expenditure of grant funds in accordance with grant terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: This grant acceptance was set on the Consent Calendar for the City Council to consider at its May 20, 2014, meeting as item 7H. However, due to oversight, the incorrect grant documents were attached to this grant's motion sheet. Therefore, to avoid any confusion in the record as to the action authorized by Council, this action item is being resubmitted with the appropriate grant documents for Council consideration. This grant was approved by the Public Safety Committee on May 13, 2014. These grant funds will pay, on a reimbursement basis, the salary and benefits the City pays to Joanne Moen, a City employee, whose work is dedicated to the Valley Narcotics Enforcement Team (VNET) as an office manager. The City of Auburn is the fiscal agent for VNET and the originating receiver of this grant's funds, which are passed through Auburn to Kent, making Kent a sub-recipient of the grant. As a sub-recipient, the City of Kent is required to complete the sub-recipient application materials to confirm compliance with the grant's terms and conditions. Given the dollar amount of the grant funds to be received by Kent, Council authorization is required before the Mayor may commit the City to these terms and conditions. EXHIBITS: Sub-Recipient Compliance Verification Materials RECOMMENDED BY: Public Safety Committee YEA: Thomas — Berrios - Ralph NAY: None BUDGET IMPACTS: Unanticipated Income This page intentionally left blank. ForceIII ti Summary Funding-Constant at the program level - With carryover, reduced admin and state funds Announced funding isTentatvg, U1Q LLovw _AV Q,uxu,O. nuv ,,A - — Will all task forces meet the model or will there be penalty to redistribute? Will other states reject PREA and cause their penalty to be redistributed? If increased/decreased, individual contract budgets will be proportionately increased/decreased using Form 1 as a base Final numbers probably won't be available until after July 1�1 so we will contract with what is known and do a round of amendments later on if the additional funds equate to more than a $1,000 or so per task force (if not the funds will be held and added to next years pot) New Forms — Center for Task Force Leadership and Integrity Consolidates the two-year update into one form Continuing using the PAR to acknowledge training/compliance of new individuals — Commercial Insurance, Risk Pool Self Insurance The contract continues to provide the option to your home agencies, but we didn't know which your city/county used—this form fills the gap with the least paperwork — Sub-Recipient Verification This was the most frequent admin issue during the last year Hopefully this will drive the point home: no completed package-no authority to pay There is also an expanded Sub-Recipient Verification Package and another handout — Pass Through Waiver Purely voluntary—Max of$2,000 per task force (only those with WSP officers) — Is your WSP officer worth that much to you? Helps balance the distribution at the state level Completion/Non-completion will not change individual task force allocations this year, at most that much per non-waiving task force will not be awarded to WSP, but instead will be carried forward to next year MSWord Copies Electronic copies will be sent out to facilitate completion the first full week of May Submission — Return completed application packages not later than 5 p.m. on May 30, 2014 - Either signed hardcopy or emailed copies of the signed/scanned 'package i Increased Emphasis SuB-REcipiENT CompLYANcE VERmcA oN RFQUIEREMENTS Remember that all federal funds comes with strings,to be crud think about them as a dog's barbed training collar,behave and they're nothing, don't and they will bring up you short,painfully. Basics: ® s Sub-Recipient Compliance Verification applies to all task force participants who receive reimbursement with grant fiords(doesn't matter whether it is a dime or 100%). ® Eligibility to receive federal funds is dependent upon verification of all the requirements. The entire list has to be complete and current to be eligible, lapse and eligibility lapses;payment while ineligible equals disbursement/receipt without legal authorization and will be recouped by the contracting agency, or by us from the contracting agency.;Renewal of eligibility renews eligibility(even for the lapsed period,but don't push it too far). ® Verifying compliance is the equivalent of exercising due diligence; keeps you out of a world of hurt,the opposite is also true. The requirement may be satisfied at three levels: Simple Certification(get each sub-recipient to complete and sign the form,and keep it on file): ® Statement of Assurances'Form a Certificate Regarding Lobbying,Debarmem /Suspension,Drug-Free Workplace a r National Environmental Policy Act(NEPA)Form a Acknowledgement of Federal Funds Form ® Acknowledgement of Allowable and UnAllowable:.Costs Form a " Civil Rights Training Form '.... a Civil Rights Requirements Form a Office of Civil Rights Compliance Checklist • Equal Employment Opportunity Plan(EEOP)Certification Form Internet lookup and report printout,plus corn letion of a form: I ® CCR Registration of Sub-Recipient DUNS Number and Debarment ® Certificate Regarding Debarment, Suspension,Ineligibility(lower Tier)Form Internet audit lookup audit analysis,plus collection of forms and voucher supporting data: c Sound Financial Management Time and Attendance Records; The forms required are all in the Sub-Recipient compliance Verification package, as well as detailed instructions/illustrations on the requirements that need internet lookup/printouts. Comments/Recommendations: ® The single biggest problem is in getting sub-recipients to complete and tum-in the verification package forms. The second is the lapse of those forms during the award cycle. ® Track expiration dates on a calendar and remind the sub-recipient when it is close. a Establish policy that certifications without a specific lapse date are valid until the next sub- recipient verification package is due. ® Use the most recent'Sub-Recipient Verification Package,the updates keep you out of trouble! • Monitoring review has changed. It is no longer"do you have them",it is now"let me see them". 1 : 3 TimE AND ATTENDANCE RECORDS Chance BASE REQurREMENTs This Applies Why is it important? In about a third of the task forces, individual disbursements made from grant funds to reimburse assigned prosecutors is based upon a simple statement from the prosecutor's office `reimburse my office this much'. In itself this is acceptable in a general sense,provided the disbursing agency has some sort of confirmation that the charges are backed up by acceptable `time and attendance records'. Disbursement of funds to any agency without at least a `systems check' (e.g. annual sample of the form to be used) is an unsupported expenditure and subject to repayment and ultimately the primary. source of audit findings. All jurisdictions receiving grant funds from task forte's fiscal agent' are . required to submit `sub-recipient verification packages'to the fiscal agent prior to receiving reimbursement; it is recommended that for this purpose any grant supported(to any extent)Prosecutor's Office be treated as an independent sub-recipient even when part of the same jurisdiction as the fiscal agent, at least to the extent that a representative `time and attendance record' be submitted each year and this supporting document be maintained along with other `Sub-Recipient Verification' packets. What is a `Time and Attendance Record'? It can be almost anything from a calendar sheet reflecting workload to full blown timesheets. If you are in an doubt about the adequacy of any grant supported individual's time and attendance record, ask! Base Requirement': An individual's record of actual time worked, showing by the various funds charged by hours and possible the work(case numbers)performed. Base Requiremene: Time and Attendance Records must coincide with payroll periods. For example four fully completed weekly reports and part of another may be used to support a monthly payroll period, or a single sheet may do so. The keys are clear identification of the period each form represents, and starting a new form to coincide with the beginning of the next payroll period. Base Requirement : Every individual supported(to any extent!)with grant funds(generically with any other parry's funds)must maintain a time and attendance record. This obligation supersedes employee classification and `independence'. Note': Base Requirement' specifies `actual time worked',not just a reflection of the percentage of the funds available for use in reimbursing the individual. Precision is not the key to stating the actual time worked,an honest attempt at accuracy is. Note2: The level of detail (time increments)need not be precisely measured,time increment by time increment,but should be defined by agency policy and accurately reflect the activity supported. Note3: Hours to be charged against the grant need not be distributed evenly across the pay period, for example they may be `front loaded' to utilize the total hours supportable by grant funds before those hours supported by other funding are used (usable to the extent the frontloaded time supports the grant). Note4:Activities such as training and organizational meetings,which are not directly attributable to any one fund, may be charged to any available fund which is generally relevant to the activities of the supported individual. Notes: Time sheets should include a certification or attestation of accuracy. There is no prescribed format for this statement—see your jurisdiction's general time sheets for a general format. Note 6: Time reflected as a charge against the grant,which exceeds the hours supportable by available grant funds,may in the payroll be charged against local funds-if such a provision is made in local fiscal policy/procedure(hint, don't cause excessive adjustments when a simple business practice can cover it). Note 7: Time and Attendance Records need not be a timesheet in the traditional sense. For example though an `exempt' employee(management/prosecutors/exceptionally skilled individuals)may be reimbursed by formula,if that formula is tested each payroll period to ensure that the time charged against the grant is supported by the time and attendance record. When this is the case the time and attendance records must still be retained by the individual's agency and at least representative copies provided to the individual responsible for ensuring compliance with the grants rules. Significant Changes See on Index Departmentof Commerce Innovation our nature AssistanceJustice Sub-Recipient Comli c riic ion April 2014 Brian B®nlender Director Note: Receipt of a completed Sub-Recipient Verification Package is required before reimbursement of any of that sub-recipient's expenses i JUSTICE ASSISTANCE GRANT FFY 2014 Sus-RECIPIENT COMPLIANCE VERIFICATION REQUIREMENTS CERTIFICATION PAGE DONE Statement of Assurances Form............................................................................................1 ❑ Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions(Sub-Recipient)Form..................................................3 ❑ Certification Regarding Lobbying,Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements Form................5 ❑ National Environmental Policy Act(NEPA)Form............................................................7 ❑ Acknowledgement of Federal Funds Form........... ............................................... ..........9 ❑ . Acknowledgement of Allowable and Unallowable Costs Form........................................I I ❑ Civil Rights Training Form................................................................................1................13 ❑ Civil Rights Requirements Form ........................................................................................15 ❑ Office of Civil Rights Compliance Checklist.....................................................................17* ❑ Equal Employment Opportunity Plan(E$OP) Certification Form....................................21* ❑ Time and Attendance Record Samples...............................................................................23* ❑ CCR Registration of Sub-Recipient DUNS Number&Debarment..................................25 ❑ Sound Financial Management.............................................................................................29* ❑ The grant recipient—the agency signing the grant agreement with the Department of Commerce (COMMERCE)--is responsible for ensuring that each sub-recipient receiving any funding under grant award also complies with the federal preconditions for receipt of federal funds. The simplest way is for the agency receiving the award from COMMERCE to comply is to have each of its sub-recipients complete the following forms, run(and printout)the compliance checks outline on Pages 21 through 36,and retain all the documents in a file organized by sub-recipient. This documentation is subject to monitoring and inspection, but should not be forwarded to the COMMERCE unless specifically requested. Note3 under`Time and Attendance Record Samples' provides specific information to safeguard the identity of individuals working in narcotics/gang task forces and investigations. *Significant change from prior year's Sub-Recipient Compliance Verification packet are highlighted in yellow ii i I I lil STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT -DEPARTMENT OF COMMERCE STATEMENT OF ASSURANCES The applicant: 1. Has sufficient fiscal and management controls to implement and maintain the program in accordance with this application and program requirements. The Applicant has sufficient monetary resources to implement and maintain program operations in accordance with this application. 2. Will not use any grant funds to supplant local funds,but will use such grant funds to increase the amounts of funds that would, in the absence of federal funds,be made available for program activities. 3, Will provide full cooperation of administrative and program staff, and will provide availability of all records upon request and convenience of staff from the Department of Commerce; Office of the State Auditor; or U.S.Department of Justice,who are charged with monitoring program compliance and the use of funds provided. 4. Will comply with the requirements of the Justice Assistance Grant Program as published by the Department of Commerce and relevant federal agencies,and as embodied in statute. 5. Will comply with Title V of the Anti-Drug Abuse Act of 1988 and regulations promulgated by the federal government to maintain a drug-free workplace. 6. Will comply with Title II of the Americans with Disabilities Act of 1990. 7. Will not undertake any prohibited political activities with these funds including, but not limited to, voter registration; partisan political activity; lobbying congress,the Legislature, or any federal or state agency for project of jurisdictionally specific activity; or campaign for any ballot measure. 8. Will comply with the provisions of Title 28, Code of Federal Regulations; Part 61,Procedures for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedures. 9. Guarantees that in performing any contract,purchase, or other agreement,the organization shall not discriminate against any employee or applicant for employment because of race, color,religion, age, sex,marital status,national origin,political affiliation, or the presence of any sensory,mental, or physical disability. The organization agrees to take affirmative action to ensure that applicants are employed and that employees are treated during the employment without discrimination because of their race, color,religion, age, sex, political affiliation,handicap or national origin. Such action shall include, but not be limited to, employment upgrading, demotion or transfer,recruitment and recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and training. This guarantee shall implement federal, state, and any local equal opportunity and non- discrimination statutes. The applicant further will,without delay,bring any finding of an equal opportunity or non-discrimination violation to the attention of the Department of Commerce. PLEASE NOTE: THE DEPARTMENT'S ACCEPTANCE OF THIS APPLICATION FOR FUNDING IS SUBJECT TO SUBSEQUENT COMPLIANCE REVIEWS THAT MAY REQUIRE CORRECTIVE ACTION BY THE APPLICANT. AUTHORIZED SIGNATURE BY THE APPLICANT GUARANTEES ASSURANCES THAT ARE CONTAINED ON THE APPLICATION FACE SHEET. Authorized Signature for the Applicant: VALID THROUGH SIGNATURE DATE PRINTED NAME OF SIGNATURE TITLE 1 i THIS PAGE INTENTIONALLY LEFT BLANK 2 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATION REGARDING '.. DEBARMENT,SUSPENSION,IN]ELIGIBIIdIT AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS '.. (SUB-RECIPIENT) This certification is required by the regulations implementing Executive Order 12549,Debarment and Suspension, 28 CFR Part 67, Section 67.510,Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register(pages 19160-19211). (BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies by submission of this proposal that neither it nor its principals are presently debarred,suspended,proposed for debarment,declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency: (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date Valid Through Name of Organization Address of Organization OIP Fam 4061/1(Rev.2/89)Previous editions are obsolete. 3 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal,the prospective lower-tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower-tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower-tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower-tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms"covered transaction,""debarred," "suspended,"`ineligible," "lower-tier covered transaction," "participant,""person,""primary covered transaction,""principal,""proposal,"and"voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower-tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower-tier covered transaction with a person who is debarred;suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6. The prospective lower-tier participant further agrees by submitting this proposal that it will include the clause titled"Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion- Lower Tier Covered Transactions,"without modification, in all lower-tier covered transactions and in all solicitations for lower-tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower-tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement List. . 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower-tier covered transaction with a person who is suspended, debarred,ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment OJP Form 4061/1(Rev.2/89)Previous editions are obsolete. 4 i STATE OF WASMNGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE U.S.DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF TIC COMPTROLLER CERTIFICATION REGARDING LOBBYING,DEBARMENT,SUSPENSION AND OTBER RESPONSIBILITY MATTERS;AND DRUG_FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69,"New Restrictions on Lobbying"and28 CFR Part 67, "Government-wide Debarment and Suspension(Nonprocurement)and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction,grant,or cooperative agreement. 1. Lobbying As required by Section 1352,Title 31 of the U.S. Code, and (b) Have not within a three-year period preceding this implemented at 28 CFRPart 69,for persons entering into a application been convicted of or had a civil judgment t or cooperative a eement over$100, ,000 as defined at rendered gran p agreement against them for commission of fraud or a 28 CFR Part 69,the applicant certifies that: criminal offense in connection with obtaining, attempting to obtain,or performing apublic(Federal, A. No Federal appropriated funds have been paid p will be State,or local)trausaction or contract under a public paid, by or on behalf of the undersigned,o any person for transaction,,violation of Federal or State antitrust of any agency., y. attempting to influence an officer or employee statutes or commission of embezzlement,theft, forgery, of any agency,a Member of Congress,an officer or employee bribery,falsification or destruction of records,makin of Congress,or an employee of a Member of Congress in false statements,or receiving stolen property; g connection with the malting of any Federal grant,the entering into of any cooperative agreement, and the extension, (c) Are not presently indicted for or otherwise criminally or continuation,renewal, amendment,or modification of any civilly charged by a governmental entity(Federal, State, Federal grant or cooperative agreement; or local)with commission of any of the offenses B. If any funds other than Federal appropriated funds have been enumerated in paragraph(1)(13)of this certification;and paid or will be paid to any person for influencing or (d) Have not within a three-year period preceding this attempting to influence an officer or employee of any agency, application had one or more public transactions(Federal, a Member of Congress,an officer or employee of Congress, State,or local)terminated for cause or default;and or an employee of a Member of Congress in connection with Where the applicant is unable to certify to any of the this Federal grant or cooperative agreement,the undersigned B. statements in this certification,he or she shall attach an shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions; explanation to this application C. The undersigned shall require that the language of this 3. Drug-Free Workplace(Grantees Other Than]individuals certification be included in the award documents for all subawards at all tiers(including subgrants, contracts under As required by the Drug-Free Workplace Act of 1988,and grants and cooperative agreements,and subcontracts)and implemented at 28 CFR Part 67, Subpart F,for grantees, as that all subrecipients shall certify and disclose accordingly. defined at 28 CFR Part 67,.Sections 67.615 and 67.620— 2._ Debarment,Suspension,and Other Responsibility A. The applicant certifies that it will or will continue to provide Matters(Direct Recipient) a drug-free workplace by: As required by Executive Order 12549,Debarment and (a) Publishing a statement notifying employees that the Suspension,and implemented at 28 CFR Part 67,for prospective unlawful manufacture,distribution,dispensing, participants in primary covered transactions,as defined at 28 CFR possession,or use of a controlled substance is prohibited Part 67, Section 67.510— in the grantee's workplace and specifying the actions that will be taken against employees for violation of such A. The applicant certifies that it and its principals: prohibition; (a) Are not presently debarred,suspended,proposed for (b) Establishing an on-going drag-free awareness program debarment,declared ineligible,sentenced to a denial of to inform employees about— Federal benefits by a State or Federal court,or voluntarily excluded from covered transactions by any (1) The dangers of drag abuse in the workplace; Federal department or agency; OR Fmm 4061/6(Re.3191) Replaces Ol Fours 5 4061/2,4061/3 end 406114 which a e o.Ial . (2) The grantee's policy of maintaining a drug-free local health,law enforcement,or other appropriate workplace. agency; (3) Any available drug counseling,rehabilitation,and (g) Making a good faith effort to continue to maintain a employee(WASH NGTON); and drug-free,workplace through implementation of paragraphs(a), (b), (c),(d), (e),and(fl• (4) The penalties that may be imposed upon employees B. The grantee may insert in the space provided below the for drug abuse violations occurring in the site(s)for the performance of work done in connection with workplace; the specific grant: (c) Making it a requirement that each employee to be Place of performance(street address, city,county, state,zip engaged in the performance of the grant be given a copy of the statement required by paragraph(a); code): (d) Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant,the employee will— (1) Abide by the terms of the statement; and Check❑ if there are workplaces on file that are not identified (2) Notify the employer in writing of his or her here. conviction for a violation of a criminal drug statute Section 67,630 of the regulations provides that a grantee that is a occurring in the workplace no later than five State may elect to make one certification in each Federal fiscal calendar days after such conviction; year. A copy of which should be included with each application (e) Notifying the agency, in writing,within ten ca lendar for Department of Justice funding. States and State agencies may elect to use OJP Form 4D61/7. days after receiving notice under subparagraph(d)(2) from an employee or otherwise receiving actual notice of Check❑if the State has elected to complete OJP Form 4061/7, such conviction. Employers of convicted employees must provide notice,including position title,to: Drug-Free Workplace Department of Justice,Office of Justice Programs, Attn:Control Desk, 633 Indiana Avenue NW, (Grantees Who Are Individuals) Washington,D.C. 20531. Notice shall include the As required by the Drug-Free Workplace Act of 1988,and identification number(s)of each affected grant; implemented at 28 C1,RPart 67,Subpart F,for grantees,as (f) Taking one of the following actions,within 30 calendar defined at 28 CFR Part 67;Sections 67.615 and 67.620— days of receiving notice under subparagraph(d)(2),with A. As a condition of the grant,I certify that I will not engage ill respect to any employee who is so convicted— the unlawful manufacture, distribution,dispensing, (1) Taking appropriate personnel action against such an possession,or use of a controlled substance in conducting employee,up to and including termination, any activity with the grant; and consistent with the requirements of the B. If convicted of a criminal drug offense resulting from a Rehabilitation Act of 1973, as amended;or violation occurring during the conduct of any grant activity,I (2) Requiring such employee to participate satisfactorily will report the conviction, in writing,within ten calendar days of the conviction,to: Department of Justice, Office of Justice in a drag abuse assistance or rehabilitation program Programs,ATTN: Control Desk,633 Indiana Avenue NW, approved for such purposes by a Federal,State, or Washington,DC 20531. As the duly anthorized representative of the applicant,I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: 2. Application Number and/or Project Name 3. Grantee WiVendor Number 4. Typed Name and Title of Authorized Representative 5. Valid Through Date 6. Signature 7. Execution Date OIP Foem 4o6l/6(Rev,3191) Replaces O3P Poems 6 4061f2,4061/3 and 406 V4 which era obsolete. ''.. i .STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) The following,information is required from each federal grant recipient. The Departtent of Commerce will consolidate all responses and submit a consolidated response to the U.S. Department of Justice. Please check one of the blanks to the left of each item below to indicate whether or not the activity described is being undertaken to support or facilitate the federally funded activity by the grant recipient or any other party. (Notes the source of funds utilized is irrelevant to your response.) (Notez—if the activity is being undertaken without regard to the presence or operation of a federally funded activity, the item should not be checked.) Yes Activity N/A ❑ ❑ 1. New Construction 2. Minor renovation or remodeling of a property either: ❑ ❑ a. listed or eligible for listing on the National Register of Historical Places ❑ ❑ b. located within a 100-year flood plain 3. Renovation, lease or any proposed use of a building or facility that will either: ❑ ❑ a. result in a change in its basic prior use(between industrial, office, residential, etc.) ❑ ❑ b. significantly changes its size (total structure, not program's portion thereof) 4. Implementation of a new program involving use of chemicals other than: ❑ ❑ a. chemicals purchased as an incidental component of the funded activity ❑ ❑ b. traditionally used(e.g., for office, household, recreational, educational environments) If any item above is checked, a clarification of the activity may be requested, Response is made related to the following Justice Assistance Grant funded program/project: Project: Certificate Valid Through(max of 2 years) Signature: Date: Typed Name: Title: Representing: i i THIS PAGE INTENTIONALLY LEFT BLANK STATE OF WASEONGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE ACKNOWLEDGEMENT OF FEDERAL FUNDS The recipient shall submit to the Department of Commerce, for re-submission to the Bureau of Justice Assistance, one copy of all reports and proposed publications resulting from this grant twenty (20) days prior to public release. Any written,visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. 2011-DJ-BX-2090 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the United States Department of Justice' Office of Justice Programs,which also includes the National Institute of Justice, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, and the Office of Victims of Crime. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the United States Department of Justice. Grant funds are administered by the Public Safety Unit, Community Services and Housing Division, Washington State Department of Commerce" The undersigned agrees to the above requirements. SIGNATURE PRINTED NAME Certificate Valid Through (Max of two years) NAME OF APPLICANT ORGANIZATION 9 Du5 PAGE INTENTIONALLY LEFT BLANK 10 STATE OF WASIIINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE ACKNOWLEDGEMENT OF ALLOWABLE AND UNALLOWABLE COSTS ALLOWABLE COSTS . .. ._ ._ Allowable uses of federal grant funds include,but are not limited to,the following as they relate to the coordination and implementation of activities performed under the goal(s), objectives, and activities of the grant as described on Attachment B of the Grant, including: o Operating costs, including: o Approved costs of personnel(salaries and benefits, and/or overtime). o Overtone" - o Costs reflected in the project budget proposal(such as training fees,printing, supplies,or contractual services). ® Procurement and installation of equipment(limitations may apply for high dollar items) ® Space and utilities,to the extent utilized for the approved project. • Travel,per diem,and lodging at the federally approved rates. ® Printing and duplication of written and visual materials. UNALLOWABLE COSTS Unallowable uses of federal grant funds include: ® Food, beverages or other refreshments for meetings, conferences or training(prohibition does not include standard per diem when otherwise authorized) ® Body armor/protective vests ® Vehicles, vessels, and aircraft ® Construction © Land acquisition ® Automatic and military grade weapons ® Victim compensation(direct payment) o Losses arising from uncollected accounts o Contributions to a contingency reserve ® Contributions or donations • Entertainment ® Fines and penalties ® Interest and other financial costs ® Consultant Fees(above a reasonable and consistent rate for similar services, and/or above$450 for an eight-hour day--lexcluding travel and per diem) The undersigned agrees to the above requirements. SIGNATURE PRINTED NAME '.. 'NAME OF APPLICANT ORGANIZATION - CERTIFICATE VALID THROUGH (Not more than two years) 11 - II THis PAGE INTENTIONALLY LEFT BLANK 12 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE CIVIL RIGFITS TRAINING The following civil rights requirements apply to all units of local government and state agencies regardless of grant acceptance, and both for profit and non-profit organizations accepting federal grant funds. Beneath each requirement are one or more references that are provided to assist in understanding and compliance. It should be noted that the compliance requirements apply to the entire jurisdiction/organization, and not just to the-funded activities. j 1. Omnibus,Crime Control and Safe Streets Act of 1968 (42 V SC § 3789d) Reference: http://www.fee.gov/Bureaus/OSEC/library/legislative histories/1615.pdf 2. Victims of Crime Act reference: Reference: http://www.mndas.com/Victims%20of%2OCrime%2OAct.pdf 3. Title VI of the Civil Rights Act of 1964 Reference: http://www.fta.dot.gov/civiliivhts/civil rights 5088.htm1 4. Section 504 of the Rehabilitation Act of 1973 Reference: http://www.dol.gov/oasam/regs/statutes/sec504.htm S. Title II of the Americans with Disabilities Act of 1990 References: ® Text—The Americans with.Disabilities Act www.ada.goy/pubs/ada.htm ® Title II Highlights http://www.usdoi.uv/ert/ada/t2Wt95.htni ® The Americans with Disabilities Act, Title II Technical Assistance Manual http://www.usdoi.gov/crUada/taman2.htrnl • Commonly Asked Questions-ADA and Law Enforcement http://www.usdoi.gov/crt/ada/q%26a law.htm ® Commonly Asked Questions—ADA and Hiring Police Officers http://www.usdoi.gov/crt/ada/copsq7a.litm 6. 'Title IX of the Uducation Amendments of 19,72 Reference:http://www.dol.g6v/oasam/regs/statutes/titleix.htm 7. Age Discrimination Act of 1975 Reference:bAp://www.dol.gov/oasamVregs/statutes/age act.htm 8. USDOJ Ion-Discrimination Regulations (28 CFR 42, Subparts C,D,E and G) Reference:httn://www.access.Qroo.aov/nara/efrhyaisidx 00/28cfr42 OO.html 9. USDOJ Regulations on Disability Discrimination(28 CFR Part 35 & Part 39) References: ® Text-28 CFR 28 Part 35 http://www.access.gpo.aov/nara/efr/waisidx 00/28cfr35 OO.html ® Text—28 CFR 28 Part 39 hqp://www.access.gpo.gov/nara/efr/waisidx 00/28cfr39 OO.html 13 INFORMATION AND ASISTANCE The agencies and organizations listed below can provide technical advice and assistance. U.S.Department of Justice Department of Personnel Office of Justice Programs Workforce Diversity Office Office for Civil Rights http://hr.wa.gov/diversitv/pivgEaitProaram/Pag 810—7°Street NW es/default.asux Washington, D.C.20531 PO Box 47500 Voice: (202) 307-0690 Olympia,WA 98504-7500 TDD/TTY: (202)307-2027 Voice: (360) 664-1921 www.oip.usdoi. og v/ocr TTY/TDD: (360)664-6211 Washington Human Rights Commission Department of Labor and Industries . 711 S Capital Way, Suite 402 Vocational Services PO Box 42490 PO Box 44323 Olympia, WA 98504-2490 Olympia,WA 98504-4323 Voice/TDD: 1-800-233-3247 Voice: (360) 902-5456 TTY: 1-800-300-7525 www.hum.wa.gov Washington Division of Vocational Rehabilitation Department of Social and Health Services Job Accommodation Network(JAN) (3 8 field offices statewide) 1-800-526-7234 Provides employment services to persons with 1-800-781-9403 (TTY) disabilities and businesses www.askjan.org Voice/TDD: 1-800-637-5627 U.S.Architectural and Transportation Washington Governor's Committee on Disability Barriers Compliance Board Issues and Employment 1-800-272-2253 (Voice) PO Box 9046 1-800-993-2822(TTY) Olympia, WA 98507-9046 http://www:access-boazd.gov/ Voice: (360) 725-9509 Email: Office for Civil Rights. . http://www.esd.wa.gov/newsandinformation/leg Department of Health and Human Services resources/gcde/ http!//www.hhs.fzov/ocr/office/ Equal Employment Opportunity Commission (U. S. Government) State of Washington Area Office 909— 1't Avenue, Suite 400 Seattle,WA 98104-1061 Voice/TTY: 1-800-669-4000/1-800-669-6820 http://www.eeoc.gov/ As the individual with primary functional responsibility for equal opportunity and civil rights compliance for the applicant jurisdiction,I hereby certify that the applicant will comply with the above Civil Rights requirements specified on the previous page of this certification. . SIGNATURE OF OFFICIAL WITH FUNCTIONAL RESPONSIBILITY TIn.E OF OFFICIAL COMPLETING DIE WAIVER JURISDICTION/ORGANIZATION REPRESENTED DATE 14 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE CIVIL RIGHT'S REQUIREMENTS 1. LIMITED ENGLISH PROFICENCY To ensure compliance with the Omnibus Crime control and Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964, grant recipients must take reasonable steps to ensure that Persons with Limited English Proficiency have meaningful access to services and legal protections. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Assistance in understanding grant recipient's obligations under the law may be found in the Department of Justice's Guidance to Federal Financial Assistance Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficiency Persons (LEP Guidance),which can be found at 67 Fed.Reg.41455 (June 18,2002). Additional assistance regarding LEP obligations and information may be found at www.len.eov. 2. FEDERAL NON-DISCRE IINATION REQUIREMENTS The applicant will comply with any applicable federal nondiscrimination requirements, which may include: ® the Omnibus Crime Control Act and Safe Streets Act of 1968(42 U.S.C. §3789d); ® the Victims.of Crime Act(42 U.S.C. § 10604(e)); , • the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); a the Civil Rights Act of 1964(42 U.S.C. § 2000(d)); ''..... ® the Rehabilitation Act of 1973 (29 U.S.C. § 794); ''.. a the Americans with Disabilities Act of 1990 (42 U.S.C. §§.12131-34); a the Education Amendments of 1972(20 U.S.C. §§ 1681,1683,1685-86); 0 the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); ® 28 C.F.R.Part 42 (U.S. Department of Justice Regulations—Nondiscrimination,Equal Employment Opportunity,Policies and Procedures); 0 Executive Order 13279(equal protection of the law for-faith based and community organizations); and ® 28 C.F.R. Part 37 ((U.S.Department of Justice Regulations—Equal Treatment for Faith Based Organizations). The applicant shall further comply with Federal law prohibiting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law. 3. NOTIFICATION OF FINDINGS OF DISCRIMATION OR NON-COMPLIANCE In the event a state or federal court or a state or federal administrative agency makes a finding of discrimination after a due process hearing on the grounds of race,color,religion,national origin,age, disability, or sex against the applicant or a program partner or participant receiving grant funds,the applicant will forward a copy of the finding to the U.S.Department of Justice,Office of Justice Programs, Office of Civil Rights(OCR), and the Department of Commerce(COMMERCE). The applicant shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice Funds are involved, and identify all open grants utilizing U.S.Department of Justice funding by contract number and program title. 15 4. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM(ESOP) The applicant will determine whether it is required to formulate an Equal Employment Opportunity Program(EEOP), in accordance with 28 C.F.R. 42.301 et. seq. If the applicant is not required to formulate an EEOP,it will submit a certificate form to the U.S.Department of Justice, Office of Justice Programs, Office of Civil Rights(OCR), and Washington State Department of Commerce (COMMERCE)indicating that it is not required to develop an EEOP. If the applicant is required to develop an EEOP but not required to submit the EEOP to the OCR,the applicant will submit a certification to the OCR and COMMERCE certifying that it has an EEOP on file which meets the applicable requirements. If the applicant is awarded a grant of$500,000 or more and has 50 or more employees, it will submit a copy of its EEOP to the OCR and COMMERCE. Non-profit organizations,federally recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to the OCR to claim the exemption. A copy of the certification form will also be submitted to COMWRCE. Information about civil rights obligations of grantees can be found at http://www.opj.usdoj.gov/ocr/. 5. APPLICANT DUTY TO ENSURE SUB-RECIPIENTS COMPLIANCE The applicant is required to ensure compliance with this requirement by any program partner or participant receiving funding under this grant. As the individual with primary functional responsibility for equal opportunity/civil rights compliance for the applicant jurisdiction,I hereby certify that the applicant will comply with the above Civil Rights requirements specified in this certification. SIGNATURE OF INDIVIDUAL wrin FUNCTIONAL RESPONswirrY 1`rmE OF OFFICIAL COMPI:EnNG THE CERTIFICATION JURISDICTION/ORGANIZATION REPRESENTS➢ DATE CERTIFICATE VALID THROUGH(Not more than two years) 16 z c O O �ti 'ro W a) E�'. a) U � I i G O N ¢ G w N v C a) Q A N ] A m W L .ga O O I W V z X X 4V N ® a 7' } Lry6 E ® o 0 Z U N (O CL " c b L.w a a) = o L m ro m ZL'. m 0 x ro B c ., vW a) n m E 2 Q -o o ^ (� r.. a > uJ w o 10 ii Lam, yN 0 � ci — a) U .N C2 C C C Y U N (6 ro - r+ O L w N O .O m a8 a) O _6® . N p O w .N U CL U L co w ro _ N m .® c O c p p a) U N w 0 N ® O '? 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N Q CO a) O(+) 0 L o 0 ca o a) o i2.. a E 9 E m a) o ;;. ❑ p a p • 2 .a � m 2 a) J �: ❑ (a 3 C a) :C C E Qj N w cv cv w N cm ev cd U CO z z STATE OF WASIIINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATION FORM Complete only the Header Data and one of Sections A,B or C Recipient Name and Address: Grant Title: FFY'14 Justice Assistance Grant— Washington State Grant Number: - Subaward No.: Award Amount: Federal regulations require recipients of financial assistance from the Office of Justice Programs(OJP),its component agencies,and the Office of Community Oriented Policing Services(COPS)to prepare,maintain on file,submit to OJP for review,and implement an Equal Employment Opportunity Plan(EEOP)in accordance with 28 CFR Sections 42.301-.308.The regulations exempt some recipients from all of the EEOP requirements.Other recipients,according to the regulations,must prepare,maintain on file,and,implement an EEOP,but they do not need to submit the EEOP to OJP for review.Recipients that claim a complete exemption from the EEOP requirement must complete Section A below.Recipients that claim the limited exemption from the submission requirement must complete Section B below. Recipients should complete Section A,B or Section C,not multiple sections.If a recipient receives multiple federal grants,please complete a form '.. for each grant,Do Not Use Another Grant's Certificate when completing this application package. fimn A—Declaratio f Compliance with the EEOP Requirement [individual with primary functional responsibility for equal opportunity/civil rights compli e for th dsdiction],certify that '... [recipient a repared an EEOP and if appropriate submitted to the Office of Civil Rights, US Department of Justice a copy,pursuant to '.. 28 CFR. Pr' t Name of In idual with Signature Date rimary Functional esponsibility Section B-Declaration of Claiming Complete Exemption from the EEOP Requirement.Please check all boxes that apply. Recipient has less thy6o employees ❑Recipient is an Indian Tribe ❑Recipient is a non-profit organization ❑ ipient is an ed tional institution ❑Recipient is a medical institution ❑Recipient's award is less than$25.000 I, [individual with primary functional responsibility for equal opportunity/civil rights compliance a jurisdiction],certify that [recipien is n required to prepare an EEOP for the reasou(s)checked above,pursuant to 28 CFR Sections 42.302.I further certify that [recipient jurisdiction] will comply with the applicable Federal civil rights la that prohibit di i ma&on in employment and in the delivery of services. Print Name of Individual with - Signature - Date Primary Functional Responsibility Section C-Declaration Claiming Exemption from the ESOP Submission Requirement and Certifying that an EEOP Is on Fite for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for$25,000 or more,but less than $500,000,then the recipient agency does not have to submit an EEOP for review to the Department of Justice as long as it certifies the following(42 CFR Section 42.305): [individual with primary functional responsibility for equal opportunity/civil rights compliance for thejurisdiction],certify that [recipient jurisdiction], - which has 50 or more employees and is receiving a single award or subaward for$25,000 or more,but less than $500,000,has formulated an EEOP in accordance with 28 CFR Section 42.301,et. seq., subpart E.I further certify that the EEOP has been formulated '.. and signed into effect within the past two years by the proper authority and that it is available for review.The EEOP is on file in the office of [organization],at [address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights,Office of Justice Programs,U.S. Department of Justice,as required by relevant laws and regulations. . Print Name of Individual with Signature Date Primary Functional Responsibility Valid for a maximum period of two years from the effective date of the last EEOP approved before this date 21 TrIIS PAGE INTENTIONALLY LEFT BLANK 22 STATE OF WASEINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE TIME AND ATTENDANCE RECORD SAMPLES (Timesheets) The Grantee(Contracting Agency/Jurisdiction)must be able to demonstrate.that it has verified that all agencies participating in the funded activity keep time and attendance records for all individuals compensated to any degree with federal funds under this grant program. There is no specified format. Each agency is free to utilize any method it chooses to comply with OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments (2 CFR 225), Attachment B,Paragraph 81(3) and (4). The simplest methods to demonstrate compliance are: A. For integrated task forces,the project coordinator/supervisor collects a copy of the time and attendance records directly from each individual participating in the task force and receiving any reimbursement from the grant award. B. For collaborating_projects sharing the grant funds,the project coordinator collects a copy of the time and attendance records for each individual receiving any reimbursement from the grant award from their counterpart(s) in each collaborating agency receiving funding under this award. Notes: Private information(social security numbers, date of birth, or home address)may be redacted from the collected documents. Note z: If sub-recipients utilize electronic time and attendance records (i.e.hand written signature certifying accuracy of the document) a simple printout or screen shot image is sufficient to demonstrate compliance. Note3: Documents collected to,demonstrate compliance with this requirement may be reviewed by authorized representatives of the Department of Commerce,the State Auditor's Office, and the United States Department of Justice. However, if the identity of any supported individual is confidential(e.g. narcotics/gang task force officers) copies should not be made for or retained by the reviewer. To demonstrate the usage of such time and attendance systems by sub-recipient agencies, copies with all information identifying such individuals fully redacted may be provided to state and federal agencies reviewing grant compliance. Note 4: The reverse is a training handout on the minimum requirements fir Time and Attendance. records. 23 - 6 9' III What is a Time and Attendance Record'? It can be almost anything from a calendar sheet reflecting workload to full blown timesheets. If you are in any doubt about the adequacy of any grant supported'individual's time and attendance record ask! Base Requirements: An individual's record of actual time worked, showing by the various funds charged by hours and possible the work(case numbers)performed.' Base Requireme' ne:I Time and Attendance Records must coincide with payroll periods. For example four fully completed weekly reports and part of another may be used to support a monthly payroll period,' or a single sheet may do so. The keys are clear identification of the period each form represents, and starting anew form to coincide with the beginning of the next payroll period.' Base RequiremenO: Every individual supported(to any extent!)with grant funds(generically with any other party's funds)must maintain a time and attendance record. This obligation supersedes employee classification and `independence'. .Note 1: Base Requirement) specifies `actual time worked', not just a reflection of the percentage of the funds available for use in reimbursing the individual. Precision is not the key to stating the actual time worked, an honest attempt at accuracyis. Notez: The level of detail(time increments)need not be precisely measured,time increment by time increment, but should be defined by agency policy and accurately reflect the activity supported, Note': Hours to be charged against the grant need not be distributed evenly across the pay period,for example they may be `front loaded' to utilize the total hours supportable by grant fonds before those, hours supported by other funding are used(usable to the extent the frontloaded time supports the grant). Note°:Activities such as training and organizational meetings,which are not directly attributable to any, one fond, may be charged to any available fund which is generally relevant to the activities of the supported individual. Notes: Time sheets should include a certification or attestation of accuracy. There is no prescribed format for this statement see your jurisdiction's general time sheets for a general format,' Note 6: Time reflected as a charge against the grant,which exceeds the hours supportable by available grant funds,may in the payroll be charged against local funds-if such a provision is made in local fiscal policy/procedure(hint, don't cause excessive adjustments when a simple business practice can cover it). Note: Time and Attendance Records need not be a timesheet in the traditional sense. For example though an `exempt' employee (management/prosecutors/exceptionally skilled individuals)may be reimbursed by formula, if that formula is tested each payroll period to ensure that the time charged against the grant is supported by the time and attendance record. When this is the case the time and attendance records must still be retained by the individual's agency and at least representative copies provided to the individual responsible for ensuring compliance with the grants rules. 24 STATE OF WASI11NGTON JUSTICE ASSISTANCE GRANT DEPARTNTNT OF COM ERCE CCR REGISTRATION OF SUB-RECIPIENT DUNS NUMBERS The CCR pages reporting the DUNS Number registration of each sub-recipient should be printed out and retained on file. Should the DUNS Number registration expire before the end of the award period(technically before they have utilized all the federal fiords to be provided to them under this award), the validity of their DUNS Number registry in the CCR system must be re-verified. Failure to maintain a valid DUNS registry in the CCR system prohibits disbursement of federal funds to that agency, effective the date of the registrations lapse. Equally renewed registration clears this prohibition effective the date of the renewed registration. The following three pages illustrate how to verify sub-recipient DUNS Number registry in the CCR System. 25 G � L @ M imp N Q w N CC a+ • 4 f ' A K � I LU 11 u7 C w yx N � v E W 06 ai �. ca N m n o k7• L q y a:: ate+ v U Q 3 C m a P � N y A. tj -44 «i LT' �•"' '[��CJ �J' 0. �q+ del .+( .�V+i U 1Nw " (.: w I � y ? N �, Ch d 3 v L � I a o m L v o v 'a v- N d U ? N Q a) N v �- i T � N _ ' y t Q r@Uy y H fA uo00 O �- 1 It tea+ 00 n b0 '� m �: :.Idw7 O 7 i v1 in El i rI 0 U O O C Y C y. - 9 O + n m N Z +vtio v C .- N � N i W Vi U N fO W e' GI a� O 7 Q N W l 3 � _ bD 3 API E �4� r- 0 A .di T V b i � q N O — 4 IY C C � ® E m �t l E �� i Ow�•' l i � I O N U o N v N U a a , .5 '�• ,� N � 3 � � O za J k STATE OF WASffiNGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE SOUND FINANCIAL MANAGEMENT Sub-Recipient There are three aspects of financial management that should be checked. Two are specific to the individual assigned to the task force and his assigning agency, while the third is a general check of the fiscal health and operations of the sub-recipient. Task Force Specific Concerns: Accountability for Leave: The task force or the task force supervisor of personnel from sub-recipient agencies-must have a system in place to record of leave taken. This information must be periodically, provided to or be made available upon request, to the sub-recipient agencies. Accountability for Overtime: The task force's fiscal agent (the contracting agency) must verify that sub-recipient agency overtime reimbursed with grant funds was both worked and paid to the individuals assigned to the task force. This may be done by one of two methods:, 1 ® Requiring each sub-recipient agency to attach the payroll system's summary of payment and the correspond_ing time and attendance record to their reimbursement requests. or ® Having fiscal staff visit at least once per award period each sub-recipient, after they have requested reimbursement for overtime, and verifying the overtime request is supported by the assigned individual's time and attendance record and the payroll system's summary of payment(with regular pay and overtime separately delineated). General Fiscal Health and Operations: - Determination that sub-recipient-agencies-have-sounditnaneial management-is-beyond he —-- capacity of most program offices, and a simple review of the most recent audit for each sub- recipient is acceptable in lieu of an independent determination. Governmental Sub-Recipients: The following pages Illustrate how to locate the most recent State Auditor's Office audit and critical elements to be reviewed in each report. Note: If the recipient is having difficulty locating or reviewing the audits of governmental sub-recipients,they may request assistance from the Department of Commerce. Non-Profit Sub-Recipients: In most cases non-profit organizations will not be audited by the State Auditor's Office. Therefore, a copy of their most recent audit must be requested from those sub-recipients. Copies of the reviewed audits, with the critical elements highlighted or otherwise marked, should be retained in the program file to demonstrate the recipient's review and completion of this compliance requirement. 29 t 1 _ - N v i d�nWh dp . OO a 4 e 3 r xJ 3 n" p ICI �vo�o 3 E �na,Bp a y E - 4 'C � � W Nd W�•wo E � Y - U�UVUV 5. ? � i 3 t�' � � r• �� n w I � Gq 4444: v ? 0. m( .af 9 a Gi G -°ham r - 4 o y Ei A c t4IOOC Oo0, 0 �_ $'aao�ci ,�°� � ❑ p I re N u ~ r La m p al L 4 s2 € - Y. iv- .:. A o � � o t C Y O .— 2 N cIF N p. N - _ ... m — Iq to lU d (a a) O C O f o N N N G P E 0 -6 m O ` � N p U E0-ra n o. _ p p C O y N m Wh 0 Ja W O V ip tj b O i o m m y I i � L 1 U 6 N CD C 19 ti �V 'S rn 'a a U Q m o 'y m ea 61 Al .. _ yLq tf to y o d) tj i =i r 4 � � � x � CL 1Im Y ' � Y*1 Q � m W E C r Y`F r 7 9 ro 5 C ] 9 IQ 3 H _ Egao �# c$ d Q < w 4 C 47 p ` Wl N na2 ,,y� q d l` This page intentionally left blank. Washington, State Auditor's Office City of Fin anclat Statements and Federali Slingle,Audit Report. ' County Report No 1,006093 Issue Date 6 N I 32 i Table of Contents Cater ref r _ ; 71county January t,: 2010 through December 1s 2010 Federal Summary]_------ ------_ -------- --------- ------- ----------- ------- ----- � --------------------------------------------------------- Sct dufe of 1 ederal audit finding and t uestiane i hosts- ---------------•- __..-- --- -------_---------- 3 Schedule of Prior Federal audit Findings --- - ----- ---------__--------- ------ - --------__------...------t independentAuditoes Report on Internal Control over Financial Reporting and oil Compliance and Other Matters in Accordance with Government Auditing Standards--. _.----_ _1'5 L ,d.n pendent Auditor's Deport on Compliance with Aequirernents That Could Have a Direct Material Effect on Each Major Program and on In Control over Compliance in ee.th CNTB GtircufarA 1 - - - - ... 37 Independent Auditor's Report on Financial Statements.--.... ......... ......- ------_.---------- -_ - ------.2t Financial Section--- -• ------------ -------- --------__--------------------- Primary Segments of Concern 7 —Summary 2—Schedule of Federal Audit Findings and Questioned Costs 3 --Schedule of Prior Federal Audit_ Findings 4—independent Auditor's Report on Compliance . . . Not all these segments will be present in all audit reports. Those listed here as 2 and 3 are present only if there are significant concerns. 33 Federalu pity of �bounty ;•v January 1, 2 10 through December 31, 2010 The results of our audit of the City of Yakima are surnmariZed below in accordance with U_5_ (ice of Management and Budget Circular A-133_ Internal Controls MAN IAL STATEMENTS In this example there are no issues. However, if there had been issues you would have to determine if the An unqualified opinion was issued on the financial statements Of ff issue(s)were related to that portion business-type activities,each major fund;and the aggregate remaii of the sub-recipient's governance that controlled the expenditure of grant Internal Contrail Over Financial Reporting: funds and project implementation. 9knifrcant Defrclencies: We reyorted no deficiencies in the design or operation of internal control over financial reporting that we consider to be significant deficiencies., Matatiaf Weaknesses. We identified no deficiencies that we consider to be material weaknesses_ We noted no instances of noncompliance That were material to the financial statements of the I rFEIDERAL AWARDS Federal Awards In this example there are issues. Again, you must determine if the issue(s)relate to rnal Control Over Major i rogradr W that portion of the sub-recipient's governance that controlled the expenditure Sigri facant Defalenclas We identified deficiencie of grant funds and project implementation. Intern contro -over maior lederal programs trial Both the summary at the bottom of this deficiencies_ section and the following pages, particularly'Schedules of Federal Audit Findings and Questioned Costs'(if eMaterial.Weakames. We identified deficiencies t present) are critical to this determination. weaknesses_ We issued an unqualified opinion on the City's compliance with requirements applicable to each of its major federal programs, vi ith the exception of the Public Safety Partnership and Community Policing Grants Program, ARRA Edward Byrne Memorial Justice Assistance Grant, ARRA Ene€gy Efficiency and Conservation Block G€ant and ARRA Public Safety Partnership and Community Policing Grants Program an which we issued a qualified opinion axi compfian€e with applicable requirements_ e repo u o r o sa3 on a of OMB Circular A-133_ waWngton State Audlorss.0ifice t 34 This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7L TO: City Council DATE: August 5, 2014 SUBJECT: Fiscal Year 2013 Bureau Justice Assistance Grant — Accept MOTION: Authorize the Mayor to accept the Fiscal Year 2013 Edward Byrne Memorial Justice Assistance Grant in the amount of $52,379, to amend the budget, to authorize expenditure of the funds in accordance with the grant terms, and to sign all necessary grant documents with final terms and conditions acceptable to the Police Chief and City Attorney. SUMMARY: This grant acceptance was supposed to be set on the Consent Calendar for the City Council to consider at its May 20, 2014, meeting. However, due to oversight, the grant documents for this grant were appended to another grant's motion sheet. Therefore, Council never adopted a motion authorizing the Mayor to take the administrative steps necessary to formally accept this grant. This grant was approved by the Public Safety Committee on May 13, 2014. The City of Kent, with nine other King County jurisdictions, filed a joint application for $635,618 in funds from the Edward Byrne Memorial Justice Assistance Grant to assist with various law enforcement needs. The City of Seattle serves as the primary representative to manage the overall grant funding, of which $52,379 will be received by Kent. Kent will use a majority of the grant funds to increase the effectiveness of the Kent Police Department's Intelligence Lead Policing (ILP) by deploying an expanded technology infrastructure to support the data driven component of ILP. After reviewing crime statistics for the last year, Kent Police command staff determined that grant funds should be used to purchase a surveillance system to be used in two "hot spot" areas of the City at any one time, as determined by crime statistics. This system will encompass a dedicated computer server, computer, and cameras fixed onto light poles. After the initial startup costs, associated expenses will be for system maintenance. A portion of the grant funds will also be used to purchase graffiti removal supplies to support citywide efforts to eradicate graffiti. EXHIBITS: Interagency Agreement RECOMMENDED BY: Public Safety Committee YEA: Thomas — Berrios - Ralph NAY: None BUDGET IMPACTS: Unanticipated Income This page intentionally left blank. Interagency Agreement Edward Byrne Memorial Justice Assistance Grant(JAG) Program FY 2013 Local Solicitation Executed by City of Seattle Department Authorized Representative; Diane Pilon 610 51h Avenue PO Box 34986 Seattle,WA 98124-4986 and City of Kent,hereinafter referred to as"Recipient" Grant Manager: Sara Wood 220 4th Ave.S Kent,WA 98032 IN WITNESS WHEREOF,the parties have executed this Agreement by having their affix their signatures below. representatives g CITY OF KENT CITY OF SEATTLE Suzette Cooke, Mayor Harry Bailey, Interim Chief of Police Date; Authorized by; Grant Program: Edward Byrne Memorial Justice Assistance Grant(JAG)Program PY 13 JAG Interagency Agreement,Page I of 72 I I WHEREAS, the justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions; and WHEREAS, the JAG Program supports all components of the criminal justice system, from multi- jurisdictional drug and gang task forces to crime prevention and domestic violence programs,courts, corrections,treatment, and Justice information sharing initiatives; and WHEREAS, the United States Congress authorized$635,618 in the justice Assistance Grant(JAG) Program for jurisdictions in King County; and WHEREAS, 10 jurisdictions in King County were required to apply for a JAG Program award with a single,joint application; and WHEREAS, the City,as the identified Fiscal Agent,submitted the joint application to the Bureau of justice Assistance on July 9, 2013 to request JAG Program funds; and WHEREAS,based on the City's successful application, the Bureau of Justice Assistance has awarded$635,618 to the City from these JAG Program funds; and WHEREAS, pursuant to the terms of the grant whereby the City,as the identified Fiscal Agent for this award, is to distribute grant funds to co-applicants,the City intends to transfer some of the JAG funds it receives to those co-applicants; and WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG Program once grant funds have lapsed;and WHEREAS,recipients of JAG funds from the City should not anticipate the City will assume responsibility an onsibili for ram costs funded by JAG once JAG finds are spent; y program L NOW THEREFORE,the parties hereto agree as follows: This Interagency Agreement contains six Articles: ARTICLE I: TERM OF AGREEMENT: The term of this Interagency Agreement shall be in effect until September 30, 2016 unless terminated earlier pursuant to the provisions hereof. ARTICLE II: DESCRIPTION OF SERVICES The services to be performed under this Agreement shall be conducted for the stated purposes of the Byrne Memorial Justice Assistance Grant(JAG) Program (42 U.S.C. 3751(a.)The Edward Byrne Memorial justice Assistance Grant(JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions.JAG funds support all components of the criminal justice system,from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs,courts, corrections,treatment,and justice information sharing initiatives.JAG funded projects may address crime through the provision of services directly to PY 131AG Interagency Agreement,Page 2 of 72 " individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems,processes, and procedures. ARTICLE III: SPECIAL CONDITIONS m Funds are provided by the U.S.Department of Justice, Office of justice Programs, Bureau of Justice Assistance solely for the purpose of furthering the stated objectives of the Edward Byrne Memorial Justice Assistance Grant(JAG) Program.The Recipient shall use the funds to perform tasks as described in the Scope of Work portion of this Agreement. ® The Recipient acknowledges that because this Agreement involves federal funding,the period of performance described herein will likely begin prim to the availability of appropriated federal funds.The Recipient agrees that it will not hold the Seattle Police Department, the City of Seattle,or the Department of Justice liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to the distribution and availability of federal funds. ® The Recipient shall comply with all conditions and limitations set forth in the FY 2013 Justice Assistance Grant Program Award# 2013-DJ-BX-0715. The FY 2013 Justice Assistance Grant Program Award Report#: 2013-DJ-BX-0715 is attached to and made part of this agreement, as Attachment A.Allocation and use of grant funding must be in accordance with all special conditions included in the Award Report.All Recipients are assumed to have read, understood, and accepted the Award Report as binding. The Recipient acknowledges that all allocations and use of funds under this agreement will be in accordance with the Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation.Allocation and use of grant funding mast be coordinated with the goals and objectives included in the Local Solicitation.All Recipients are assumed to have read, understood, and accepted the Local Solicitation as binding. o Recipient agrees to obtain a valid DUNS profile and create an active registration with the Central Contractor Registration (CCR) database no later than the due date of the Recipient's first quarterly report after a subaward is made. a The Recipient shall comply with all applicable laws, regulations,and program guidance. A non-exhaustive list of regulations commonly applicable to BJA grants are listed below, including the guidance: (Q) Administrative Requirements: OMB Circular A-102, State and Local Governments (10/7/94, amended 8/29/07) (44CFR Part 13) (R) Cost Principles: OMB Circular A-87,State and Local Governments (5/10/04) FY 13]AG Interagency Agreement,Page 3 of 72 (S) Audit Requirements: OMC Circular A-133, Audits of State, Local Governments,and Non-Profit Organizations (6/24/97, includes revisions in the Federal Register 6/27/03) (T) The Recipient must comply with the most recent version of the Administrative Requirements, Cost Principals,and Audit Requirements. 29)Non-Federal entities that expend$500,000 or more in one fiscal year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States,Local Governments, and non-Profit Organizations. Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year,.except as noted in Circular No.A-133,but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO). 30)Recipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS),as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement, The Recipient has the responsibility of notifying the Washington State Auditor's Office and requesting an audit, 31)The Recipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-recipients also maintain auditable records. 32)The Recipient Is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report submitted to the Seattle Police Department. The Recipient must respond to requests for information or corrective action concerning audit issues or findings within 30 days of the date of request.The City reserves the right to recover from the Recipient all disallowed costs resulting from the audit. 33) If applicable, once any single audit has been completed, the Recipient must send a full copy of the audit to the City and a letter stating there were no findings, or if there were findings, the letter should provide a list of the n finding P s. The Recipient must send the au dit and the letter no later than nine months after the end of the Recipient's fiscal year(s) to: Diane Pilon,JAG Program Manager Seattle Police Department 610 Sth Avenue PO Box 34986 FY 13 JAG lntemgency Agreement,Page 4 of 72 I Seattle,WA 98124.4986 206-386-1996 34)In addition to sending a copy of the audit, the Recipient must include a corrective action plan for any audit findings and a copy of the management letter if one was received, 35)The Recipient shall include the above audit requirements in any subcontracts. The Recipient agrees to cooperate with any assessments,national evaluation efforts, or information or data collection requirements,including,but not limited to,the provision of any information required for assessment or evaluation of activities within this agreement, and for compliance BJA reporting requirements. o When implementing funded activities, the Recipient must comply with all applicable federal, state,tribal government,and local laws,regulations, and policies.The Recipient is entirely responsible for determining the Recipient's compliance with applicable laws, regulations and policies,which include,but are not limited to: (E) City of Seattle regulations including, but not limited to: (9) Equal Benefits Program Rules (SMC Ch.20,45:http://cityofseattle.net/contract/equalbenefits/) (10)Women and Minority Owned Affirmative Effort: If a Recipient intends to subcontract out any part of a contract instead of performing the work itself, then the following requirement applies: Consultant shall use affirmative efforts to promote and encourage participation by women and minority businesses on subcontracting opportunities within the contract scope of work. Consultant agrees to make such efforts as a condition of this Agreement. ci i. Outreach efforts may include the use of solicitation lists,advertisements in publications directed to minority communities, breaking down total requirements into smaller tasks or quantities where economically feasible, making other useful schedule or requirements modifications that are likely to assist small or WMBE businesses to compete,targeted recruitment efforts,and using the services of available minority community and public organizations to perform outreach. j. Record-Keeping: The Consultant shall maintain, for at least 24 months after the expiration or earlier termination of this Agreement, relevant records and information necessary to document all Consultant solicitations to subconsultants and suppliers,all's ubconsultant And supplier proposals received,and all subconsultants and suppliers actually utilized under this Agreement. The City shall have the right to inspect and copy such records. (27) Licenses and Similar Authorizations: The Consultant,at no expense to the City,shall n secure and maintain in full force and effect during the term of this Agreement reement all FY 13 JAG Interagency Agreement,Page 5 of 72 required licenses,permits, and similar legal authorizations, and comply with all requirements thereof, (28)Use of Recycled Content Paper. Whenever practicable, Consultant shall use reusable products including recycled content paper on all documents submitted to the City. Consultant is to duplex all documents that are prepared for the City under this Conti-act, whether such materials are printed or copied, except when impracticable to do so due to the nature of the product being produced. Consultants are to use 100%post consumer recycled content,chlorine-free paper in any documents that are produced for the City,whenever practicable, and to use other paper-saving and recycling measures in performance of the contract with and for the City. (29)Americans with Disabilities Act: The Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 as amended (ADA) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement. (30)Fair Contracting Practices Ordinance: The Consultant shall comply with the Fair Contracting Practices Ordinance of The City of Seattle (Chapter 14.10 SMC),as amended, (31)Suspension and Debarment: The Recipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from participating in transactions by any Federal department or agency. By signing and submitting this Agreement,the Recipient is providing the signed certification set out below. The certification this clause is a.Jnaterial representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Recipient rendered an erroneous certification, the Federal Government and City may pursue available remedies, including termination and/or debarment. The Recipient shall provide immediate written notice to the City if at any time the Recipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Recipient agrees by signing this Agreement that it shall not enter into any covered transaction with a person or subcontractor who is debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City. The Recipient shall include the requirement in this section in any subcontracts. (32)In the event of the Recipient's or subcontractor's noncompliance or refusal to comply with any applicable law,regulation or policy, the City may rescind, cancel, or terminate the Agreement in whole or in part. The Recipient Is responsible for any FY 13 JAG Interagency Agreement,Page 6 of 72 and all costs or liability arising from the Recipient's failure to comply with applicable law, regulation, or policy. ARTICLE IV: SCOPE OF WORK The Scope of Work of this Agreement and the time schedule for completion of such work is as described in Attachment B: Edward Byrne Memorial justice Assistance QAG) Grant Formula Program King County Joint Application, Project Narrative and Attachment C:JAG Budget Worksheet,as approved by BJA, Attachment B and Attachment C are attached to and made part of this agreement, The work shall, at all times,be subject to the City's general review and approval,The Recipient shall confer with the City periodically during the progress of the Work,and shall prepare and present such information and materials (e,g. a detailed outline of completed work) as may be pertinent,necessary, or requested by the City or BJA to determine the adequacy of the Work or Recipient's progress. ARTICLE V: PAYMENT (I) Compensation The Recipient shall be reimbursed on an actual cost basis, Total compensation under this Agreement is $52,379. The Recipient shall incur authorized allowable expenses in accordance with the Program Narrative and Project Budget, as detailed in Attachments B and C. The Recipient may request additional reimbursement up to the amount of interest accrued on their portion of the grant award.The City will provide quarterly statements to the Recipient, once the interest balance accrued equals at least$1,000. Reimbursements will not be made for interest accrued that is less than $1,000, Reimbursements can be requested,up to the total amount of interest accrued, after the initial quarterly statement has been sent,to perform tasks in accordance with the Program Narrative and Project Budget, as detailed in Exhibits B and C. The Recipient shall submit invoices not more than monthly, and at least quarterly.After the first quarter, monthly submission is preferred.Invoices are due no later than 30 days after the end of the period in which the work was performed. No travel or subsistence costs, including lodging and meals,reimbursed with federal funds may exceed federal maximum rates,which can be found at: http://www.gsa.gov. (J) Manner of Payment The Recipient shall submit reimbursement requests not more than monthly,and at least quarterly, After the first quarter,monthly submission is preferred. Requests are due no later than 30 days after the end of the period in which the work was performed, Reimbursement request forms are provided. Substitute forms are acceptable. FY 13 JAG Interagency Agreement,Page 7 of 72 _ I With each reimbursement request,the Recipient shall submit: ® Detailed spreadsheet of expenditures by task and related financial documents (timesheets, Invoices) Project status report ® These documents and invoices must be kept on file by the Recipient and be made available upon request by the City or to state or federal auditors Reimbursement will not be processed without accompanying documentation for the corresponding time period. Once the above conditions are met, payment shall be made by the City to the Recipient. Submit invoicing and documentation to: Diane Pilon,JAG Program Manager Seattle Police Department 610 5th Avenue PO Sox 34986 Seattle,WA 98124-4986 206-386-9885 ARTICLE VI: AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto,The parties hereto expressly reserve the right to modify this Agreement,by mutual agreement. FY 13 JAG Interagency Agreement,Page 8 of 72 Attachment A,page 1 of 8 MP011n4ent of Juillco OfHSo of hH1199 P+Ogmn7d s. PAOB 1 OF B -� Uurceu of JaRUco Ass{slRnca ' Greni 1.RECIPIENTNA616AND ADDRM PrAlvdlnS VPC9de) 4,AYYARDNUJJUORt 701J•Dl'M'0716 01Y075it01 f90 PavMAY4Rw.7�4 Aem99 P•0.BPA44749 S,PA07F.CTPAR(OD;FRODi 1001017 70 01301016 .twOr,WA 93171.4749 BUDOEY PCRI00:T•R0M 1010I110I1 70 0711017076 —7.__ 6.AWARDDMR OUN0010 7,AcnON IA,ORAMEBIRSAWDOR NO. S,SUPpgw HTNOAIDRR--- In1IDl 9,PRDYIOUS AWARD A610V\T ~� SO 1,PA94KCf71YL6 _ �_��^'•^T MAMOV771'OPimSAWARD•uy'W...---'-- 5w1w PY70171vinl iAOAppthnlPn �^—•-'�-�---^'^^--'---"- 41,TOTALAWARD 5631616 17,3POCIALCONDMGNs IRS ABDYD GRANTFROJELT 13 APPROYDDSUBRCP70 SMI CONDITIONS OR WITA HORS AS ARB SDT FORTBON 711B ATTACHEDPAugs), 1),STATUTORY AIM ORMY FOR GRANT 'IA7tptoJt+th+vpperttdandet9Y11tBM.MG)42 US05750,IIltq.' M 64RTH0DOF PAYAIBNT OARS AOPNOV APPROVAI, ORAMERACCDPIANCB , 7�SIONATURB 16,T1'PEDNA11cANbTITLROPAUTHORIUDORABTEe OPf7CIALAPPROYINO OPPMAL 19.SIUHATUR6 OP AUTHORIZED RBCIP3CN1'OP}7C7AL 19A,OA70 __..mill I III AWMENSM AGENCYUSBONl,Y �90.ACCOU14TINOCLAUNICATIONCODBS 21, MOIUOTC6T6 FjMRYfUO DC UUDA Ufa. DORB SUO. PO A110UM X 0 bl SD DO 00 615618 01PFo&V eaIXP1{RDV,AS7)PRmODUS EDRIONs ARB OBSOLBTB. 91P FOAM 40M(RBK 1.11) Attachment A, page 2 of 8 Depadmeut of luslko ' r ofncaor justice Proe(msv AWARD 1 R0rvau or,iusllco Assistance CONTM. ATIONSF1T6L7P MOB OP 8 Grain PADlgOTNUSNIA 701lAPD%•0775 AI9ARODMn aIJIMID! • SPacrA1.CONDI790HS I, Tlrortclpttn(agreesloromPPly Will iho 1111010101 and adndulshallve fequlfements sot forth in(hcenr[enl edition of the . 010tea(Jusaco Pmgrmas(01P)Plnnnciel0ulde. ... .. . .. . ... 2, The IMPIcnl ochslawicdges Oral failure to subsll on rimptabfe Uqual Dulploymenl Opportunity flail(Iftculploul is required to submit one pursuant 1024 CAR.Section 42,209),that is approved by the O(Rte for Civil Rights,Is a vtolo0on of its Collinrd Am rows and may mull its suspewlan or lemdnation Or106ing,wl111 such time as lie , Iculplenl Is In cowpflanco, 0, The recipient Pgfecs to comply with tiro osganlrallmtnl audit requlfements of Ohdh Circular A-W,Audits of States. Loea1 OovemntenU,and Non•Plonl Of9tild I16115,mid(roller underslends And ogsees thn(funds way ho withheld,or other related tequhvmcnls ntay be Imposed,If outstanding oudll issues(ifnhy)from oh10 Circufor A•177 0udila(mid onpp other audits of Off grant funds)nra not snlls(aeediy And protliplly addfesscd,as fonher deacribtd in the current edlth in of the 031'PmoaolplggOlslde. 4, etO 1plent uft4fWaNs end 0 too$that Ilcollijoloso ono tray radccoll,regulailfunds, ablicr hcy,directly or lofgov,In mnsm poriotull iho express prior written approval of OR, . 5, Tho leolplcnl must PsonlP1ly rotor to the I)D1010 aP osediblo evidence that o principal,eraployeo,ag O,taintI.,lOq subganalee,eutx9nuacla6 orolhelperaan hasehha )sDbAdMil a false olalm for graot Nods underlhopolsocfalPis Atli adseond of Delving grat111101 tl run IIIlation of lans. conditionoealappllosioo any sdli uhretlplect oBe1Polrnilet d,lwaslo r Anso,or miscon4ucl should be upa&d 10 Ile 010 by tutu: Ofdho or the lospeelor Ceneml U,S,Department of Jusllca Invesilganons Dlvislon 9$0 Pennsylvania Avanuo,NAV. Room 4,'r06 Nashhlglan,DC20510 a•nIo111 olg,hottlnomusd0j.gov hotllnes(contact Informallan In 0ogtlsis and Spindsh):(800)869.4.199 or holhna fez!(202)06.988I Addlllonnl In(armalkil is avolloblo from iho 130)0101v4bsila As+wvw.usdoJ.gov/opptg, In rt G, Rccipleicontractt lIndoustonds or subawmd to either iho Association afComfegs that it cannot olo mtl Ily Orfedora sgan@Rlions fur tofom Now(ACORN)or[is any subsldlor)es,without the express prior wdllen approval of 01P, 7, The seelplenl agues to comply w•Ith nay oddldodal requlremenls that nay halmposed during the grain"Ifonumca period If tbo Pilwydolamida that she reelplanr is n Idgh•rieh grantee.U.28 U.R.paths 66,70, WP FORM/00312(nu\5 e.ee) Attachment A, page 3 of 8 Dapnnnnont of lusllco OtRtootlusdco Pragronu AWARD RuPcnuofdus(IcoAsslslnnce CONTINUA'PIONSHUT PAR a or a Cveaui PgOIRCTRUAIBAR 1013.w.wo)i) A1VAPn OA1R 03111)101) ' SPBCGILCONDIF)ONS S. Tho«eiplem ogress to comply Will eppileablo requirements«gording foghtrmlon Mill ilia System for AYYard Mcnegenlsm{SAM)(vnvhhasaccessorgovemineni•widenys7emofRatallydvslgnatsdbyOhiDnndO)p).The-l— - " �lpienFnlsoagrecs-tacompFY VWlhappplleabluaaldcllansonaubntwrdsso-Arawlecsubreclp(anlssbnWssneMsgntr and roYldon Dnla UrAwnui Numbering System(DUNS)number.Tile details of nciplenl obllgoilons ero posted on she Sfllcoof lustka Programs w•eb site at hltp;lAvww,oJp.govlNndlnPlsonsddm(Award couditaat RsghUadon w11h Iho System for Award Monagensenl slid UnIversai IdenilRos Raqulrouauds),and are Incorpoteled by reference litre,Thls spade coadblon does not Apply to an Award Id on Individual who recolved Ih,sAward ns A amoral person(i.e.,unrelo«d to any business or non•piolil osgar lzmlon Ildl ho or she may own or optrelo In his or her name), 9• Porsuom to fdxccudvo Order 13513,"Fedoad Leadership on Reducing Text Mmsoglog Who Ddving,"74 pad,Rog. 5122y(WOWf I,2009),the Depa Mill emoumgcs reeiplenis and sub«dplanls to adopt end enfolea pollees banal ng employees from taxi messaging while driving any vehlola daring Usa eonrw of perform{ng tvosk Nnded by Nls gronl,snd to wlublish workpincp sntetypo4des nod conduct edutottons nwnfenwL and ollror outreach to dtereRre crashes cnu«d by dlsiraated dr)vere. ' 10, The«elplcnl agrees soeoiply with nil applttnblo lnns,«galAOans,policies,and oPhanco(including epeonto sort Iimil"prior Approval and reporling requiremenU,when app)lcnblo)govondug lho usoof federal funds for expensos relattd to conhroutos,moat gs,ualdogs,and otrtravenu,lnetudtng sheprovldsnoffood onJlor boverogeestsuch events,snit costs of allcadance of such ev'enU, lafomsndon on pertinent laws,rogulallom,policies,and gutdmlw is Available At wmv,ojp,govfNndlogfconfoos6btni. 11. The reelptent undorsiends and ag«w Chat any training or training asaleAals developed or delivered with funding provided vndtr ihls onward MUsi ArQto la 111e01P TYntning Gulling Prindples for Omntevs and subgmnices,available nllmp;vAnnv.vJP,usdo}.got•J)ondfng(a)ptmtninggutdingpdndplw,Mm, _ 12, ThereclplentngreuthatifitcunenllyJimonOpenAwardoffedcro)fundsorIfItwolvunnmvvdorfedan)funds other than Ibis DIP award,and those nwotd funds bnvo been,me being,'or pro to be used,In whole or In pan,for one or morn of the Idonlionl cost toms For Which hinds Na balag psovl0d under Ibis O)P Award,the rMPlonl will promptly notlf)',in tvr{Iing,the grant manager for this OlP nnmrd,nail,If so regoesicd by O)P,stok n budgcwnodllfaallon OF ebmsgewtSproJectvsopo grunt ndJuslmcnl notice(aAN)to ellndnrtle any Inoppsnpdaie dapllealloa of funding, 13. The«dpicnl underslonds and ag«ca lint nwnrd Nodsmay.ual be used to distdrainnto agalml or d9mgmdo the rellglowor moral beliefs of students who parflelpalo 15din germs for which finamini cast ilanco Is provided from those Foods,or of the pm41113 or lognl gurudlans of such students, 14, The reelpltnt underlie ads pod agrees that-(a)No mwnldfunds may be used to mAbnala or eslnbiUb a computer nanvoak unlass$rich network block the vleaving,dowdloading,and exchanging of pomogrnyFhy,and(b)Nothing to wbs«0en(a)limits Il,e use of funds ntcessery rot any Pedemh Stole,tribal,or local law onfo«emcnl ngoncy or nay mile rspilly eanying owl edminal lovesllgalloos,prostcullan,or adjudicAlton Acilvil103, Is, 'therteipltAl 01,10t to comply w11h 0)P graN monhoring gutdolhsts,pralaoD,and proetdures,nnd to coopermowidn D)APIt OCFO an All goat MORACdag(flute s,Including requests reand to desk sovlows,anhnnoed p102rCmrnalle desk rwiews,and/or site villts,'[be recipient agrees to provtdo to D)A add aOFO oil decumenlallon ntcMi ry to eompleto moldloft lasU,Inehsding dommentetion related to anysubawards nmdd under lids word, Fuuher,ibe reelpicnf sg«es to libido by reasamabio deadlines sat by D)A cad oCro for providing the rcgbwted documents, FeOure to tovperAte u•Uh D1A's/OCfO's grant monllodng ecOvhlw may resell In mndlmrs offecdog Ifia rec{plrnG Do)awwol,inoludivg,but nol 1hnRed for wtlld,oldlngs Andief other festrlctions on the leolplent's mews to grnal Funds;ririn a)to the Office of the Inspeetoraentr$1 for audit ravlewl doslgnmtmn or ilia revupicAd As A DO)High Risk grantee{or lcmAnnton of an A\wnrd(e), OR FORNI4")tRUV.4.11) Attachment A, page 4 of 8 Dapminunlof1us11co f office of Justice Progmuv AIVA)60 •''' Durcnn bf Jusilca Asslsintce CONTINUATIONSHErT PAN4 Or a 1 , a Grdni PROIRCTRUNIDEA 2011.01•m(.0715 AWARD DA7R 011411011 SPeCb1LCOVDITIONS 16. The«alppfenl Ogren to comply whh opplMablo ttqui«ntemsio«pan Rrst•liersubawatds ofS25,000ar mero and,In certain elreunalenirs,to«post the names end lolal tompemadon of the Rvo most highly Compensnled exuullves of 'hertslpl<nl-0nd{luWluau6raeiplenkofrstvnrd-Qmds,-SuthdalntaU!-basubndncd lo4hg-I1AT"Ubmvar - IttrAlug Sysing(PSRS).The delolls of recipient obile,glons,W'Idch dedwe from the Pol l lending Aetouninbilily and Trempncenoy Act 02006(PPATAh aroposled on Iho OtRco of lustica Progrnms trcb sllo nt hlipalsntw,oJp.gm7fundhsgl/tale.idrn(AWaed tandalom Reponing Subetvesds and Rxecudva Compemallon),And are ineorpomtrd by rehren<oho«. Thlstendillon,and hs reparting requir<meni,don not apply(ogsool mvudc Mailon 1pbtdl ,dlwho«oaiwedIhoAwardasAnalualperson(Ie„tin«Jared to any buslnerwrnompro0torgml7aflonlira hoof she may olvnorop ratolnhisorhername), 17, 'fhe«clplcnl ogles that all lncomogenemlad os A direct result oflhlsmentd shall bo diomed program lnconsa. All program Income earned mnst baaccounlid for and used for ilia purpaso of funds provided under lids Award,lnclnding such uso-befog comisteal trill,tho tondhlo is of Rto mvnld,Ore effective edidon df Iho01P Plnandot Qulde end,as opplicnblo,elti«r(1)28C.P.R.Pad 669s(2)2BC,P.R Pad 70 awl C,P,R,Pnd215(01dD CRculorA•1 10). fmrther, the uso of program Income must ba reported on thequnrtedy Metal financial Retail,SP 425. 18. To ovoid dupllenling existing illworks or IT syslolus ll Any lddaOves funded byp WA for Jan•enforcement lnforniallon shoring systcnn 1v1ticL Involvo Intarsioto cpnnecllvity'between Jurisdlnfona,tuchsyalennahall employ,Io the Dxteni possible,Wiling networks A,life rommualention baokbaee to acidove laleeslale counetllvdiy,tiniest the gronkotno den0atlmte to the 40115 otllon of It IA that Ills requirement would not be cost effective or would Impair the NnNtonnlhy of no oxdsling or proposed IT system, 19. Irtolder to promoteI ironnAOoa ahufng And annbloimar(INIV, ity Amongdlspasnlo sysauis across iheptticsand pubdlasotcsy towdlsniry,OJP rtgnirn It,,gran«o to tmnply 1P11,001's Oloba1 lusllta bdamallon Shoring lnluallvo (DOl's 0lobai)g"Idellnn and ueommrndmions for this�mtleulnr gmni.Omnlco' a ahoB conform io lho Olob71 Siendnds Pae ege(OSp)one All comlilutal elements,w loro oypdCobl0.as disoribed m: hnp:lAsnhv,ll•oJp.gov(gsp,granneondlllon,omntle,,g,tdoc al pd'net opproaehes to Infomadon shadng And e ntribecomptinn"to the oSP And oppropdnte pdvnoy polloy dim pratms slurred lnformo7ton,or providA deiAlled �usOOeelloa Con Why,an a f4rnativo opproath Is ne'almnded, OIP FARM(DOW2 UM%%4•f aJ Attachment A, page 5 of S Daparinent of lusllce . Olfiro af)mtReO Pragmml AWARD ".� 1JurenuofJusHcehaslstnncd CONT)NUAT(ONSHHET PAOR S OF 6 w GPOnt PROTECT W.IDO10 101X*OXAfif AIYAII DATR Qvlpio11 SPaCLO-CONDITIONS 20, Tho gsanlceogrees io silst DJA lneompfying with the Nn1lvnN Dnvlronmemni Pogoy Act(NDPA),Illo Natlonal Hislodd Pres"en'allad'A¢I,and d1hFrMIRd WIN eaalrnNlSalN Wpxct anayyscaaquiraiiems In Iha use at these nhf�nds,stlhs W UtsylYbv-Ihc{pnmecar-bynsubgrantcerAicosdingly,411c-granlwogrecsJayy rstdelcmdnal4nn of Ole foltongng ocilvillcs w 116e funded by the gen6 pater so obllgnling Rsnds for eny of th6so purposes. If[t is determined that oily of the follolving nellvllles will be Implied by the grant,the grantee egrets to contact D1A, The i ranlca undetsloads dial this spfelol Condition Applies to its following new activities vvhelhcr or Rol they me being specifically funded wflh Ihesa grant Nods,not is,as long us the acllvlly Is being eondueled by the grantee,n wligranteo,or any third patty and Iha aetivily needs to be undertaken In order to we those gent fonds,his special condition must flat be roof,7110 vellvlfies covered by I1111 speefal candillon wilt ' a,New construction; b,Minar FOROYRRon or«Rlodollug of n property[Noted In on environmcmotly or htsloAcallysensilivo amp,Including pioptnlos yorolcd SvIIMn n IOo•yer hood plain,R cvcllMd,orhnbiial for i n iougtred speclm,or n property listed oil or 'eligible toe Ifsling on he Natlonnl Rogillorof 111'10 io Places, a. Arenovation,lease,or any proposed use of A bulld(ng OFfacility hilt will either(a)rosuleln n change It Its Who prior use or(b)SIPOMMIly ehengo Its azo; h lmplomsntnllon at a new progeminvolving he uw of chemieh mherShen chcmlroh 1hm re(n)purchased os an • InaidonlN Component ofafunded CcilvhyMd(b)tradlAonolly used,for oxamplgin office,household,recrenllonN,ar causation COM011nlems;And 0, implemanallon aril pfogrouveloting to olandmiluo mctliaropphrlaminolabomtoryopemllons,Including h0 ldemliRcellan,seizure,or Oiosue of alandwtine nulhamphelnI laboratories. The.glonleo understands and agrees thal complying with NDPA cony equUatisa prcpaelioa of no Ravboomoaset Astossm0m nodfor M Davhamnental In''mpact Selcsnenl,as dheeled by WA,'rho genleo funher understands And ogseos to the requlemew for Implanlenlallon of a ADtlgaflon PiM,as deloRed at hupeJCsvayw,aJp,UsdDJ,BovlDJAJ«souf<efncpmhmd,roe programs relating to utelLomPLeloutlna laboratory operations, Application of This gpeefat CaMMO,to O1601ces gliding Programs or Activities:For any of the ginneds as Its sRbgronleile existing progranb of xahvlllrs that rrN be funded by iheso Saint funds,Iha geneA,OPml$twolfio request Cann DJA,ogress to coopceto with D)A In oily prepnrmlon by D)A of a 11,111001 or progenl envfronrocntai assessmenl of that toadied progent or Activity, 21, Tho rcclpp1an11s required to establlshRbusl Nndncovunl•(The tmsl fond nmyvnnay not bean lnleresbbeadng nicouah)7hofund,t hiding any Ine«aJ,may mill be'Us to pay debit areappeensts Incu«edby othernoltv{I1ts beyaod Ihesrope fill, Ddwerd Byrne MemaslR!lusllce Assistance Omol Progmn OAO).TIe reelylenl mica agrees to obllgoe and expend the gawtfunds In the tool Nod tlncluding on)•lnlcr0 eomed)duAng thapesiOd of the grM60rMefaodr ' (hlcludinganyinto" tamed nos oxpendsd by thento of the gmnl pedal must be ralomedtotlto Dn«au of Jusllco AfslslMce no later go days after the end of the grMl period,along vrlih the front Jobmisslaa oClha Pcdcrul Pinondol Report(611•425). 22. )Ail funds may be Wed to purehaso bvlldpproof yes"far an agency,bill cony nal be utcd Ri;the SOS%mulch for purposes or the Bulletproof Val Pmtaorshlp(DVP)programs. 2;, The reclpionl agrees tosubmhaslgned ceRlDeallon that lhRl s111mvenforCem<ill og0ncles re0eivtug vests purcllmed wllh JAO funds heve a wrilen"moadmory weal'pulioy In affect,Fiscal agents end alele ageoolm mule keep signed cesUReadoas on Dla for any subreclplents Planning to ulllhe)AO funds for balllllareslslnal and slnb•reslstnat body annor used by the agency for veests Thert be In re,pro nv«q l«neops toy at ltpL All nis egmdiog he n0luud ne of he polloy cals befora other hnR it being coil be mandatory weor policy for all uniformed officers whUG an only. OIP FOP114v0a'I IReP.J•161 ' i i Attachment A, page 6 of 8 Dopy mtoat of Indict oinea of Juslleo Programs AIVARA IltweRlt ofJoslict AssislRRcO CONTfNUAT10NSHEBT WE 6 OP 8 • j` GI'flell pg0lecrf 1013-1Jo1J.o).bx.orls - AWARD VAIL 0 3 12 111 0 1) sPacrnccor+DJnoxs 24, RA)uslarosisiont and stab-reslslunt body=or purchased whh JAO Nadi MAYbt purchased At any ducal 1Ovl,mal:a of model,front any dlsuibutoror 111DWactdter,"long as tht vests have boon tested And found to comply wlih. . b<mndrnl<„d Rn dn+dsNil Cam ppllcabloNnllonaUnsliulan Addileabn111sUonr° PRomusibe� - Madc141s!(mlp:IlniJ.gov),In nddilon,bllistic•«slsiAmand slabgmislam body nmtoc ptircbosedwust be American. medA ThB late+!Nil sinndard Infonnolton can be found here;bI1p:7Avsnvddj.govllaples/tahnologylbody-amtodsafely Iolllatwo,hld). 25. The«clPlenl agrees lilac ony iONMINOOn Rchnology syskusfunded or supported by olp funds will comply tvllh 28 CAR,Pali 21,Criminal InIcI geuco Systems operalingg Pollcles,lf OJPdetemdnes this regulationrobo Appllcab)a, Should OJP desemdao 28 C.R.R.Part 2)to bo POPlti blo,OIP may,or its dlscmtion,pectoral audits o'thesystem,as per lite regulation.Should any vlolndon of 28 C.P.R.Pad n occur.Pit recipient may be Mod As per42 U.S.C. 2789g(o).(d). Reclplent may not snilsfy such a line with federal funds, . 26, on ugmdioganl lufonnollon ttlrnOlOg Stoic In oeel funded on byllsllmol dulo alof blilail9n and xtvndituro li dod'7hls is 8 Y �YP 1 Y B B B a Pe to fncRllolocommunhatlon among ocnl nndsMto govemusamol enitlesrogordlag vulAusinfomsnloo technology piclois being conducted u416 theca Ipmd funds.In eddilon,the«elplenl Agrees to mnintaln nn ndm3mstrstivo f to douuieplWg the weeiing of Ills«gehenitm,Porn Oil of$ialo hVormadmi 7tohnology Points of Contact,go to http:11mti1v,il.ajp.govJdttau4l.ospx7Oren=poReyAodpmcltceApage=10J6. 27. 7ho granleo agrees to comply a1Us the opp"enble Rqulrentsou of 48 C,P,R,Pon 38,Ilia Department otlustico m8n olion goreming"Cqual'healmenl for palUs oared Organirattons'bhe-Equal Treamtenl ReBulnUoU%.7hO rqual d wo uo be used la T«onnenl Regulation provlJes In pan rbnI Depadmenl oflusleo gronlawnrdSOfdbulfun Ing y 1 III load ony lnherenUy 08100300, glovs acliv8lor,such w wonhlp,relglous Wsous(lon,or proselyliwlon,Rwiplemsaf dlrecl gmlu may edit engage In Inhcr<nly relBiovs n<ItvlUes,but such activUlas must be sepwom In Uwe or pines from the DeQanmenl at luslce fnoded pragrans,and padlalpation to so Aelvltlts by ladlviduals receiving s<rvlcts Rons the gmnlea orasub•grM«e muss hal'lelna The Rrivalgtaafinenl Regulnllon also mnlcs clear that orgmnmgons parlo'or4 htpr0glm Did heclyPonded�ylhODtpmlme111ofJusl too artnot pennhRdtodistrlminelelO the pprovislod ofurvlcesonthebas)sofnbtnellmy'artUglon. CV11hslnndingnnyalherspeololcondlllonofskisa+eord,fohh• based'rgnsilzAllans m Ay, lit wait al«umslaAce6comldenolfglon nsnbasls farsmployntenl, See help;Hwww.aJp gwoo.uVoorlequa)_iba,bw, 28, Thor<clplenl acknowledges that oU progrmus funded through subas4atds,sehMher nt thestnteorlonl lovel+,anm eonfomr to Iha grout progrmu requiremens hs slated In D1A p"rogmm guidance, 29. Omnito asocts to comply culls llo tegehenitals of 28 C,RR.Pad 46 Md all OUloo of Juslico P(08mms polieles and proceduros regarding the prottellod Of human resdvch subjeols,Including obtainment of fne111alonA[Review Raul approel,If Appropdnto,and subjeo lofonned corlsem. dU Oro appllenble to cole 10 tct'on,lue,and revel)lon of dater atInfonnnllon.Omni,e fUnheragees,ias acondition of gmnt Approval,to submit is Pdvooy C HImIe tlmt is in accord with requirements of28 CAR.Pad 22 nod,In Particular, 140110020. di. 7110«elpftnt agrees to mosltor submvods under this)AO Award In Accordance with all appll0 Alto slomtts,regulations, OMO choule«,end guldelincs,Including llm0)P Pldondol Oulde,and tolnclude the Opp cabltcoAdllousofthis mverd In any aubawnrd,11so realpitnl b supmnlblo far ovetslght of subrtclplenl spending mtd nsml(odng of spelllo outcomes and beno0ts ololbulbpe In uw of JAO funds by subretlplents'Iha r<lplenf egrtes to subnilp upon regnal, dotumemadon of Its policies and procedures for mon(lodog 04011AwFlds vader 1 1s award. OIP F09a14O M tn6V,0110 Attachment A,page 7 of g PeParinunl of lnnlce r ORB Of Justice Programs AlYA1zD BurentsofJusflcoAsslslnncc CONTINUATIONS11DET PAaa 1 UP s �rnnf Pgveycrnvamna JOU•mmX.olts AWAaubA70 ovu13017 srac7ALcoxornarvs 32. 'rho recipient ogreoJtiml fond;wolwtLunderlhlsaWvrdWlll)lot botaedtosnpploni51MbOt100)funds,but W)Ilbe uscd tasnrrcmo the vmaunlsorioA funds thetwouidtln the nbscncoofpcdrrol Nuts;bvmndeavailnbl4 for law • 37. AWRrd nclplools tmast aubmll qumledy aPederol Plnantlol Repod(SP•425)and annual perfonnanev reponsliuoogh OMS @ilps:7/grnnu.aJpp.usdoJ.gdv), Contlslenneflh iho Gepanmtnt's«spansl4Rl11"Una<r ih4 Qovemment Porfanuanca and Results Aci(OPRA),P.L,103.62,0ppil"nis tvho rccelva fundingundonWsaolklinllanmun . provide dale that mtmuro lit results oftheir walk.71«refa',gtsnncdy perfatmancametrics«pads ntusibeanbntlt«d Iluaugh BJAls Pesfommnce Mensuremans Tool{PMT)u'ebshe(Wt�v.6Japrriormansesaois,org). PormaredNolled Infonnollononreposling need other JAOroqulreatenis,sofortotho JAQ rtpaning requlrtmenls ivebr, Pnlluolo submhrequiredJAOreponsbycnebllsheddeadlinesmay«suithttirofrca7ingofgmnlfundsa, NiuroHighlttsI dolgoalton,. 34, Await!«aIPIERIa amyl verify Polal of Coutael(PDC),Pinanclal Point of Contact(ITOC),and Audvotlmd Reproseatalive contact Informollon In QMS,Intludldg telephone nu0tbor and c•atati address.B any Infomta lon Is Incorrect or Jim changed,n Clams Adjustment Notice(OAN)must be submitted Vla file Omah Mvaagoment System (OMS)to documont changer. 35, The gmnlcv agrees ihnl avltldn 120 days of ntvard acceptance,each current mombcr of a lmv esdOreamtnt task(010 NOW tvlih Ihno funds who Is a lack farce eomtonnder,agouoy oxveullvo,task torts offlter,or other task force member of equivolmg rnnk,W111 eomplste required anlino(internee.based)task fpmo iminlpt,AJdllloWly,Pit Moro task force monibm are Mulrcd to colnplew this bolting encedodog 149 life of Ibis award,or once ovary four yew If multiple meads Include this requhemenL Tiro training Is provided free of chmga valino Ihwogh PIA's Canter forTnsk ParcOhlisgdty and l.cadersNp(s "'.'Ul6org),7hisunlning addressu task tomeaffrolivostess os weU asoche key Isaacs Including prlveoy and e1vU 1lbenleddghU,tusk fa«operfomtancomeasurement,personntlselection,and msk force ovcrslghl and accoutdablfhy,lVhen B)A funding suppoM1s ntask forcq R task farce persoaoel roster should be so .led andmal01 itcd,alongWildscourseI mpledoncost,Rmtas,by the grant«etplem,AddlUonnlinfomtMlonis avv11eb1e«gording fhls«qulmd lad mtd across eaathodt vlR st uabsilo end the ComerfarT It Porco. Inlogdtyand Leadersldp(wmma org). Ia. No JAoroads may to axpendtd on untunnned aircraft,unnerved alteraft syslow,or Reins%Wcles(US,VAS,or UAV)unless iho BJA Direclar canBlw Uml oximordlnoty and oxlsent clrcurnmucas exist,making sham esacoUM to Ilk minlenence of poblle safely and good order,Addlllounlly,any)AC funding approved farthis purpose would be nibJtct Io oddlgond repostlog.wNch Would bo sUpsiioled by B1A post•atvasd . 37, B1Aslronglyencoumges the reciplenl subnill omuai(orntore lrsqutnl)JAO sutetss stories ae IAQ,Shm�rasa®oJp,usJaJ,gov ar via eho satins fame of htspat/lavtvsvbJo.govlwnincuss.mpx,JAOsuccess atodesshould include Ihw namo end location or piogmrr✓PIDIMl Point of eovlRol With phone and e•moill amounl of JAC trading realved sad In which Fiscal year;and a bdofsumnlery desedbiug[Ito prograutrpmJeet and Its hnpaU. 36, Reolpicnl may nos expend or&%vdown Nnds until the Pureau ofJuslice AAVonto,WACO of Juslita Progsamt has «cabled and approved iho signed Momomadum of Undenlonding(Moq beswean the dlsparnlo JuAsO ldlom and has Issued a(Ito at Adjustment Nolte(QAN)releasing this spcclal toudNoa. 39. Recipltm may not vxpond or drawdown Funds until he Bureau of lvstice Assistance(D)A)has rectlred docuacwollan danvnshaling that the state or local Sovcmhsg body roview and ppublle cammene«quiremcnls havebccn mcl and n Qrno1 AdJusmtenl Notice(QAN)has lien approved«leasing Iblsaptdnl condldou, AA ors,tonal dWNfIR6YAM) . Attachment A,page 8 of 8 oeparb»enl ofJasilce .Uf(ccoflusllcepmgsmns AWARD E '� DurenuofJusllccAAslslmlco CONTINUAT)ONSHEST PACE s OP a Grant PA0IECFSUxwPR 1alLbbBR.WIS AVVAROPATH owuloo SPSOMI,CONDITIONS 40, 1Vltis roped to Iils nwmd,Word feuds may not tic used to pay cash compensation(salary plus bonuses)to Any eniploeauflhe ulvard recipient al orale.ibm oxcecds lta%oftho maxlmudsannual solery payable too womberofehis .. xvq s y �ti aroninrA qnc veasarnw+endppralmLSyaten forth"year, (Aismvudaalplealmay AimflmloanemplopcaalAldgherselo,provided the M10110lIn excess AMU eompomallon limitation is paid whh non•fedefel funds.) Tlds Ile Ifigion on compeasallon rates ollowabb,under ibis mvard may ba valved on nu ladlvlduoi bails At 111e dlserailon of the of p official Indicated 1n the prognlm'nnnovaeemeul under which this nsvesd Is wade, 01P F0Raf e000.1(RBY.-0 ea) Attachment 13,Page 1 of 2 FY 2013 Edward Byrne Memorial Justice Assistance (JAG) Grant Formnla Program Joint Application —Program Narrative City of Kent Project Name: Data Driven Crime Fighting Project Cost: $52,379 Project Description: This project will increase the effectiveness of the Kent Police Department's (KPD)Intelligence Led Policing (ILP). Police departments across the US are experiencing positive results with the use of a strategically located surveillance cameras and coordinated pro-active deployment of police officers.The KPD will apply this finding to developing the necessary technology infrastructure to support a Data Driven Crime Fighting Technology unit. Funding will also be used to purchase graffiti removal supplies. The Kent Police Department Public Education Specialist coordinates citywide graffiti removal. Program Need: Crime analysis reflected that clusters of crimes occurred in defined areas of Kent over the past five years. Weekly crime analysis meetings reflected positive results when officers were proactively deployed in hot spots. Crimes,both violent and property are concentrated in primarily two areas of the city. A third area reflected concentrated property and drugactivity. This third area is located in an area of the city that was annexed from King County in July 2010. The KPD deploys both special investigative units and patrol officers to address recurring crimes in hotspots. Property crimes, including burglary,thefts and auto thefts are frequently the focus of KPD's data driven crime fighting efforts. Two Washington State cities with comparable populations as Kent reflect considerably higher per 1,000 property crime rates. These are Everett and Vancouver, both property rates per 1,000 were at 6.4 in 2012. While Kent's property crime rate per 1,000 is fairly steady from 2010-2012, it is considerably less at 4.8 in 2010 and 5.0 in 2012, This could be attributed to the KPD's Intelligence led policing. Having surveillance cameras in the hot spot areas of the city would keep our community safer by not only having recorded images of crime that has occurred in the city, but will also decrease the crime in those areas by the public knowing that we have cameras in the area that are recording. Tukwila and Federal Way officers regularly share how the cameras have provided great video evidence for crimes that have occurred and gives the officers a real time view of areas of their city all at once from their laptops or computers.The use of this video evidence helps solve crimes and leads to successful criminal prosecutions. it Program Activities for 4-Year Grant Period: After reviewing crime statistics for the last year the KPD command staff determined that the best use of the 2013 JAG grant would be for the purchase of a basic surveillance system that could be used in the hot spot areas of town. This system would encompass a dedicated computer server, a Attaclunent B, Page 2 of 2 dedicated computer, and cameras that would be fixed onto light poles, The initial cost of setting up a surveillance system is high since you have to buy the inftast ucture to run it. After the initial purchase, the cost would be just for the system maintenance and cameras and their installation. This program will begin by purchasing the technology infrastructure to take the KPD ILP to the next level. The KPD interviewed local law enforcement agencies and the Kent city traffic engineering department regarding their surveillance camera systems. KPD will use the information gained through these interviews to select the most relevant vendor for the KPD Crime Fighting Technology unit. This finding will allow KPD to utilize surveillance cameras in two hot spots at any one time. The base network and the server will support many more cameras for future hot spots, The only cost in the fixture would be for system maintenance and the cameras and their installation. The city has an ongoing need to find these supplies.The supplies are distributed to police vehicles, community organizations and neighborhood associations conducting city cleanup activities and for the City of Kent Corrections Facility Work Crew graffiti removal activities. Anticipated Coordination Efforts Involving JAG and Related Justice Funds: The funding from this grant will be supplemented by city funding for the police officers and detectives use of the technology equipment supported by this grant. Other justice finds will be pursued in the future to expand this technology unit. A KPD Detective works on the South King County Preventing Auto Theft through Regional Interagency Links Task Force.This detective recently attended surveillance technology training in preparation of the KPD Crime Fighting Technology unit, The training and the task force are supported through Washington State grant funding. Supplemental graffiti supplies may be obtained through in-kind donations from Kent businesses and foundation funding applications. Project Objectives: Implement a camera surveillance system to deploy using data driven strategies. This base system will hnprove crime investigations and decrease crimes in specified hot spots where it is deployed based on crime analysis. Equip patrol vehicles, support community cleanup efforts and equip CKCF work crew with graffiti cleanup supplies on a regular basis. This will ensure that KPD can respond and remove graffiti quickly. Studies have reflected that graffiti activity decreases when it is addressed and removed promptly. JAG Project Identifiers: Equipment-- Video/Audio Recording Crime Prevention Graffiti -removal and monitoring i Attachment C JAG Budget Worksheet, Page 1 of 3 Consultants/Contracts CITY OF AUBURN: OT Rate 8 of Hours Teen Late Night Program Officer Overtime: $88 17 $1,496 Citizen's Police Academy Officer Overtime: $88 58 $5,104 Fireworks Emphasis Patrols Officer Overtime: $88 221 $19,441 Auburn Total: $26,041 CITY OF BELLEWE: Purpose Location Item Computation Cost Narcotics Tra'uiing TBD Airfare 7 x$750 $5,250 Narcotics Training TBD Registration 7 x$450 $3,150 Narcotics Training TBD Hotel 7 x$475 $3,325 7x3x Narcotics Training TBD Per Dient $109 $2,289 7x Narcotics Training TBD Misc Trans $62.28 S436 Bellevue Total; $M&O CITY OF BURIEN: Purpose Location Item Computation Cost Forensic Computer Examiner Training Registration $1,500 x I officer $1,600 Travel/Per Diem $1,600 I Other Training $10,430 Item Computation Cost SSHD,Seagate, ITB $170 4 Poll USB Switch $185 Hub Card Reader $60 CPU Speaker system $40 HD Docking Station $60 Baby Hall and Host kit $75 External HD,500 Gb $70 each x2 $140 External HD, I Tb $90 each x2 $190 Headphones $50 ASUS Monitor $170 SATA SSD HD,360 Gb $330 Forensic Card Reader, DI Ultrablock $100 Apple 30•pin to USB cable $30 Lightening to USB cable $30 8 port 1 Gb switch $55 Flash Drive 64 Gb $35 each x5 $175 Flash Drive,32 Gb $25 each x5 $125 Flash Drive, 16 Gb $15 each x5 $75 Si nunitions Armorer Kit $165 SimuuitionsPistol $580 each x2 $1,160 IPOK kits $95 each x15 $1,425 i Attachment C JAG Budget Worksheet, Page 2 of 3 Carriers for IPOK kits $40 each x15 $600 Miso.Related Equipment $725 Simunitions Ammunition 1 case $700 IIurtcn Total; $20,455 FEDERAL WAY: Item Computation Cost Ballistic Blanket 4 Each 4 x 2500 $10,000 'Pole Camera 1 Each 6,430.00 $6,430 Taser 7 Each 7 x 981 $6,867 Smart Board I Each 6,220.65 $6,221 VerizonWireless 42/Mo 36months $1,512 Federal Way Total; $31,030 CITY OF KENT: Item Computation Cost Server $14,235/ea.X 1 server $14,235 $3,835/ea.X I Computer computer $3,835 Computer monitors $1,205/ea.X 4 monitors $4,820 Misc,parts,components, license $5,475 $5,475 Day/night cameras $4,375/ea.X 5 cameras $21,875 Graffiti removal kits $534.75/ea.X4 kits $2,139 Kent Total: $52,379 KING COUNTY; Item Computation Cost .YMCA -Alive&Free Outreach Network(WPP) vendor estimate $111,000 Wasbington Dads(JJ 101 Service Provider) vendor estimate $40,835 Evaluation Consultant(JJ 101) vendor estimate $15,000 Research/Evaluation Consultant(DRAI Evaluation) vendor estimate $25,000 i King County Total, $191,835 CITY OF RENTON: Purpose Computation Cost Location and number of employees Domestic Violence Training Conference TBD $1,800 CelleBrite Training 2 a $1800.00 ea. $3,600 COBAN Car Cameras/D1CVS 2 units r@$5,500.00 ea. $11,000 Office suppplies for Domestic Violence program(pamphlets,brochures,educational materials,other items needed) $100 per month X 20 months $2,000 Relocation Hotel rooms and moving travel Varied based on victim expenses expenses needs $4,879 $250.00 month for 24 Visa Cards for victim expenses(food/gas/clothes/phone) months $6,000 Renton Total; S29,279 Attachment C JAG Budget Worksheet, Page 3 of 3 CITY OF SEATACt Item Computation Cost Overtime(Active Shooter Training) $100 per hour X 93 hours $9,300 AED-Automated External Defibrillators 3 x 972(including tax and shipping) $2,916 Miscellaneous training supplies $243 SeaTac Tofa1; $I2,459 CITY OF TUKWILA: Items Computation Cost Honor Guard Uniforms 4 uniforms at$1625/each $6,500 Refreshmcats for approximately 25 Refreshments for Citizen's Academy attendees attendees• $354 Presentation/training materials for Citizen's Acadenry $1,500 Citizens Acadenry Subject Matter Expert(s) I SME at$500/each $500 Firearms Trailer One Trailer at$8000(each $8,000 Tukwila Total: $1G,854 This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7M TO: City Council DATE: August 5, 2014 SUBJECT: Consultant Services Agreement with GeoEngineers for the Riverview Park Riverbank Slope Project - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers Inc., in an amount not to exceed $32,972 to provide design and construction services for bank slope restoration at Riverview Park, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The top of the bank slope along the Southern portion of Riverview Park suffered erosion damage during the heavy rainfall events of March 2014. The City has requested a scope of work and budget from GeoEngineers to provide plans and construction services for bank slope restoration and erosion control. This work is needed to protect Riverview Park from further damage. EXHIBITS: GeoEngineers Inc., Consultant Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher - Higgins NAY: BUDGET IMPACTS: Funding for this contract will come from the drainage fund. This page intentionally left blank. �✓ KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 8410 154th Avenue NE, Redmond, WA 98052, Phone: (206) 239-3239, Contact: Jon Ambrose (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall assist the City in the design, bid, and construction of approximately 200 feet of erosion repair along the Green River at Riverview Park. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Two Thousand, Nine Hundred Seventy Two Dollars ($32,972.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. For claims arising or alleged to arise from Consultant's professional services only, Consultant's duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, and agents in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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 Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jon Ambrose Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 8410 154th Avenue NE 220 Fourth Avenue South Redmond, WA 98052 Kent, WA 98032 (206)239-3239 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) Kent Law Department GeoEnglneers-Riverview Pk/Lincoln CONSULTANT SERVICES AGREEMENT - 6 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A GEOENGINEERS, INC. RIVERVIEW PARK RIVERBANK EROSION DESIGN REVIEW AND TECHINCAL ASSISTANCE GREEN RIVER. KENT, WASHINGTON JULY14, 2014 FILE NO. 0410-191-00 INTRODUCTION The purpose of the project is to assist the City of Kent in design, bid, and construction of approximately 200 foot of erosion repair along the Green River at Riverview Park in Kent, WA. The City will be primarily responsible for engineering and design plan development; however, GeoEngineers will assist in design concepts, design review, and will stamp the plans developed by the City. Specific tasks to be completed by GeoEngineers include: conduct a site reconnaissance, review the preliminary design concepts developed by others, offer design guidance and design modifications if warranted„ review plans, and stamp plans developed in concert with the City. GeoEngineers will also assist in construction observation tasks. The site is generally bound by the Green River to the north and south, the Green River and SR 181 to the west and SR 167 to the east. The erosion zone is just downstream of the SR 167 overpass of the Green River. The purpose of our services is to assist the City in evaluating bank stabilization designs completed by others to determine if the proposed fix will be adequate in addressing the root failure mechanism of the bank. If so, we will work with the City to provide design review, technical guidance, and stamp the civil plan set to be developed by City designers/drafters. If we feel the preliminary designs developed by others are not adequate, we will communicate that to the City and assist in the development of alternate design guidance. The fees for this scope of work assume that the bank remediation design will be of a similar scope and scale to that previously recommended by Tetra Tech for the US Army Corps of Engineers. If, upon further site review, it is determined that more robust engineering is required to meet the project objectives, additional scope will be required for GeoEngineers to complete that engineering analysis. SCOPE OF SERVICES Our specific scope of services for project includes: 1. Attending one onsite meeting with the City of Kent. The purpose of this meeting will be develop a better understanding project requirements and regulatory and physical site constraints. This site meeting will be attended by 2 GeoEngineers staff, including a Senior Hydrologist and Principal Engineer. 2. Site Assessment to evaluate bank failure mechanisms and review the remediation alternative in the context of site specific channel erosion and channel response. City of Kiunt July:1.4 209..4. 1IFJ(I 2 3. Review of the preliminary design options recommended by Tetra Tech. 4. Review of current permits for the project. 5. Evaluate the design in the context of the City's objectives, soil stability, and river morphology. 6. Assist the City in development of plans through technical guidance and up to 3 rounds of drawing review. Plans shall be developed by the City, not GeoEngineers. Sign and stamp plans developed by City after GeoEngineers input is addressed and plans are finalized. 7. Offer alternative design considerations that may better meet the City's goals for the project. Design concepts may include the incorporation of toe protection such as large woody debris or rock, however, the additional engineering or analysis that may be required for these more robust structural options is not included in this scope of work. 8. Develop a technical memo outlining the work completed by GeoEngineers, our opinion on the long term effectiveness of the repair, and any additional conclusions regarding site conditions or channel erosion characteristics necessary to communicate to the City. 9. Construction management services during the mitigation repair to assist the City in reviewing construction installation for consistency with the design intent and technical specifications. We assume parttime CM will be required for duration of 10 days. ASSUMPTIONS • The City will provide a current survey of the area include topography, property lines, and existing features (including utilities). The City will call for a utility locate in the area and survey utilities to prepare a base map. Survey/base map will be provided to GeoEngineers in AutoCAD 3D drawing format. • The proposed design is expected to be a "best efforts" temporary remedy that may not provide a high level of bank stabilization, such as being protective of the 100-year flood event. The design is not expected to include in-water construction or below water bank stabilization. • The City will complete design development and all CAD drafting (including volume estimates), and provide copies of all design calculations for our review and comment. A plan set with 4-6 drawings is anticipated. • We will stamp plans depicting bank stabilization earthwork and erosion control consisting of rock, individual wood pieces, bio-engineered banks, and vegetation. Plans will not depict engineered log jams, wood structure anchoring, cofferdams, dewatering, storm drainage/conveyance, pavement, utility relocation/modification, or structural construction. • No geotechnical investigations or analyses are proposed or required. River modeling, slope stability analysis and other modeling will not be performed by GeoEngineers. Drainage design is not required. • The City will complete final production of bid documents (including plan drawings, specifications, front end bid documents, cost estimate and schedule estimate). Specifications and bid documents provided by the City will be reasonably complete such that GeoEngineers is reviewing and making minor comments and revisions. GeoEngineers is not expected to draw, draft, and GEOENGINEERS 1,� City of Kiunt: July:1.4 209..4. 1"rayyua 3 produce major portions or sections of drawings. GeoEngineers will contribute up to 12 hours for specifications editing/modifications as part of our review. • The City will provide final pdf drawing electronic files suitable for stamping (full size) and GeoEngineers will return these to the City. The City will scan stamped drawings to make final drawing pdf files, and reproduce drawing copies, as needed. GeoEngineers will not provide Mylar drawings. • The City will arrange bidding and lead contracting document preparation and bid selection. GeoEngineers services for construction management services are limited to the hours identified in Exhibit B. • The City will be the lead entity in construction oversight. GeoEngineers will coordinate all construction management services with the City. We will not lead, direct, or correct work by the contractor directly, we will coordinate all review and provide recommendations through a City specified construction inspector lead. Attachments: Exhibit B Fee Estimate GE®ENGINEERS 1,� Z d N N N 0 W ro m a N li N O O N O N (V h o ti '"' m ti ti 'n ti ti m a m w Lu w � IsN N W IE E E E E R 3 N W O W W N W O W F F S N O •' d r Q 6 � R W G IfJ IfJ Q N Z N d V d C F N Co O in a S Q O OR 6 W 1 ° o E m � co ro ro N T C O � J k WLu N "' Y Z m d W 6 C d a uj ®W N /_ U N N a m ou 'm d U ❑ C N y O tl0 N N � W m N U � a O w d � bo W m � E 0 Q b0 d O b0 0 p i IYI� o N N N U N m m 6 d N o O O. O O 0 O O O cl E ti x bm c m x C6 x a x m W ti d d ti u v 6 m b + Z tS d This page intentionally left blank. EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT C (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. KENT Agenda Item: Other Business — 8A TO: City Council DATE: August 5, 2014 SUBJECT: Proposition A, Pro & Con Committee Member Appointments - Approve MOTION: Approve the appointment of up to three residents for each of the City of Kent Proposition A Pro and Con committees. SUMMARY: At the July 1, 2014, City Council meeting, the Kent City Council passed an ordinance placing the public safety measure on the November 4 general election ballot. Members were sought for pro and con committees to prepare statements on the public safety bond measure that will be included in the King County Local Voters' Pamphlet. Voters will be asked to approve a bond measure to fund and equip new public safety and training facilities to accommodate the City's growing police force. Each committee's statement must be no more than 200 words and be submitted to King County Elections no later than 4:30 p.m. on August 14, regardless of postmark. Any rebuttal statements are due by August 18. There is a limit of three members per committee, but committees may seek advice of any number of people to assist in developing the statements. Interested candidates were asked to write a brief statement as to why they would like to serve on one of the committees and submit those statements no later than Wednesday, July 30 at 5 p.m. The City received five applications, four pro and one con, and they are attached. EXHIBIT(S): Applications for Pro and Con committees RECOMMENDED BY: City Clerk Ronald F. Moore YEA: N/A NAY: N/A BUDGET IMPACTS: N/A This page intentionally left blank. From: PublicSaftevFacili ties CommitteeADD(a)Kentwa.aov To: Moore, Ronald Cc: Sconce,Grace Subject: Application Received for the Police Facilities Pro/Con Committee Date: Wednesday,July 02,2014 5:43:54 PM Data from form "Police Public Safety and Training Facilities Pro/Con Committee" was received on 7/2/2014 5:43:49 PM. Police Public Safety and Training Facilities Pro/Con Committee Field Value Name Monty burich Address 17650 134th Ave SE apt K307 Work 425-656-3109 Phone Cell Phone 253347371 Home 2 533 473 73 1 Phone Email Montyburich@yahoo.com Pro or Con Pro Live in City No Limits Work or Own a yes Business in Kent Registered yes Voter Why are I want people to make an informed choice during this vote. Crime you appears to be on the rise and drug use seems to be increasing. The kids are getting exposed to some terrible things . Let's seeking an make sure the law enforcement team has a chance to get the appointment tools to protect our kids and families. 11 Email"Application Received for the Police Facilities Pro/Con Committee" originally sent to RMoorekkentwa.eov from PublicSafteyFacilitiesCommitteeAUL alKentwa.gov on 7/2/2014 5:43:49 PM. The following were also sent a copy: gsconce@kentwa.gov. From: PublicSaftevFacili ties CommitteeADD(a)Kentwa.aov To: Moore, Ronald Cc: Sconce,Grace Subject: Application Received for the Police Facilities Pro/Con Committee Date: Thursday,July 03,2014 8:39:52 AM Data from form "Police Public Safety and Training Facilities Pro/Con Committee" was received on 7/3/2014 8:39:49 AM. Police Public Safety and Training Facilities Pro/Con Committee Field Value Name MARVIN ECKFELDT Address 11428 SE 226TH ST Work N/A Phone Cell Phone 206-271-4271 Home 2538522957 Phone Email marveck@comcast.net Pro or Con Pro Live in City Yes Limits Work or Own No Business in Kent Registered Yes Voter I have been a resident of Kent since 1967 and worked in Kent for thirty-three years . I support the construction of a new Kent Police Headquarters in order to adequately house our growing Why are department. This is a matter of providing increased space for you our officers and staff, improved jail facilities (up-grading and proving increased holding cells for persons with psych and seeking an mental health needs) and increased space at the department appointment training facility. I served as co-chair of the Panther Lake annexation to the City of Kent. I would be pleased and honored to serve in this capacity to support this much needed expansion. Email"Application Received for the Police Facilities Pro/Con Committee" originally sent to RMooreakentwa.gov from PublicSafteyFacilitiesCommitteeAUL alKentwa.gov on 7/3/2014 8:39:49 AM. The following were also sent a copy: gsconce@kentwa.gov. From: PublicSaftevFacili ties CommitteeADD(a)Kentwa.aov To: Moore, Ronald Cc: Sconce,Grace Subject: Application Received for the Police Facilities Pro/Con Committee Date: Thursday,July 03,2014 12:50:33 PM Data from form "Police Public Safety and Training Facilities Pro/Con Committee" was received on 7/3/2014 12:50:30 PM. Police Public Safety and Training Facilities Pro/Con Committee Field Value Name Alex Senecaut Address 12408 SE 272nd PI Apt C Work Phone xx Cell Phone 253-335-4430 Home 253-335-4430 Phone Email lxxnct2@gmail.com Pro or Con Con Live in City Yes Limits Work or Own No Business in Kent Registered Yes Voter Having dedicated 36 years to the City of Kent working for Utilities maintenance I had the opportunity too observe the Kent Police Department personnel in their day to day operations . Obviously it was not an hour by hour situation but it provided me a reasonable picture of not only management but Why are the officers care and concern about handling and care of their you equipment. Having served with the King County Sheriffs department in the reserve program in the 1980's I believe I seeking an have some insight of the value and function of this equipment. appointment Also the cost to the City and its citizens. It always comes down too the bottom line. Just throwing money at a.problem is not a valid answer in this day and age. Thank you for this opportunity it express my views and thoughts on this subject and it chosen I will do my best to full the duties' of this committee. Alex Senecaut. Email"Application Received for the Police Facilities Pro/Con Committee" originally sent to RMooreakentwa.gov from PublicSafteyFacilitiesCommitteeAU]2 alKentwa.gov on 7/3/2014 12:50:30 PM. The following were also sent a copy: gsconce@kentwa.gov. From: PublicSaftevFacili ties CommitteeADD(a)Kentwa.aov To: Moore, Ronald Cc: Sconce,Grace Subject: Application Received for the Police Facilities Pro/Con Committee Date: Monday,July 14,2014 12:26:03 PM Data from form "Police Public Safety and Training Facilities Pro/Con Committee" was received on 7/14/2014 12:26:00 PM. Police Public Safety and Training Facilities Pro/Con Committee Field Value Name Charmaine C. Boston Address 3353 Ridgeview Drive, #136, Kent, WA 98032 Work 253-856-6777 Phone Cell Phone 206-225-0538 Home Phone na Email callmenana0l@gmail.com Pro or Con Pro Live in City yes Limits Work or Own a yes Business in Kent Registered yes Voter I would like to be a part of the new Parks and Recreation Commission. This is a program near and dear to my heart. I live and work in the Kent downtown area and feel that we are losing our community and family spaces to business and commercial takeover. I understand that there must be housing and jobs in Why are the neighborhoods but we must not allow this to take away our you parks and recreational facilities. All of the community should have access to safe, well-kept community parks and open spaces. seeking an My grandchildren also attend public school, play golf and appointment soccer in these facilities and parks. I would like to be a part of a commission that ensures that this will be a part of Kent's future. I lived in Seattle and watching the loss of this need for their neighborhoods . I don't want this to happen in Kent, I plan to live in this community for a very long time and would like to be a part of the change for the future of Kent. Email"Application Received for the Police Facilities Pro/Con Committee" originally sent to RMooreakentwa.gov from Public SafteyFacilitiesCommitteeApg(alKentwa.gov on 7/1 4/201 4 12 26:00 PM. The following were also sent a copy: gsconce@kentwa.gov. From: PublicSaftevFacili ties CommitteeADD(a)Kentwa.aov To: Moore, Ronald Cc: Sconce,Grace Subject: Application Received for the Police Facilities Pro/Con Committee Date: Tuesday,July 15,2014 9:17:08 PM Data from form "Police Public Safety and Training Facilities Pro/Con Committee" was received on 7/1 5/20 14 9:17:05 PM. Police Public Safety and Training Facilities Pro/Con Committee Field Value Name rita arm Schwarting Address 13362 SE 232 Place Work 000 000 0000 Phone Cell Phone 206-718-0693 Home 253-639-3864 Phone Email 1splendid.day@comcast.net Pro or Con Pro Live in City Yes Limits Work or Own No Business in Kent Registered Yes Voter As a member of the Citizen's Committee to Vote Yes for a Safer Why are Kent I am very interested in Proposition A passing. One of the main reasons I worked on the Panther Lake Annexation committee you was wanting to be in the jurisdiction of the Kent Police seeking an Department. While I 'm retired I 'm very active in our community as a Kiwanian and as a member of the Board of Directors of appointmeri Children's Therapy Center. It would be a privilege to work on the "Pro" statement for Proposition. Thank you. Email"Application Received for the Police Facilities Pro/Con Committee" originally sent to RMoorekkentwa.eov from PublicSafteyFacilitiesCommitteeApg(alKentwa.gov on 7/1 5/201 4 9:17:05 PM. The following were also sent a copy: gsconce@kentwa.gov. This page intentionally left blank. KENT Agenda Item: Bids — 9A TO: City Council DATE: August 5, 2014 SUBJECT: Briscoe-Desimone Levee Reach 1 Sheet Piling Supply Contract Project - Award MOTION: Move to award the Briscoe-Desimone Levee Reach 1 Sheet Piling Supply Contract Project to Corpac Steel Products Corp. in the amount of $900,484.35 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Reach 1 of the Briscoe-Desimone Levee is failing and is in need of immediate repair. Due to the lead time required to obtain steel sheet piles, an advance contract became necessary in order to have sheet piles available for installation prior to this winter's flood season. Therefore, this supply contract was billed separately to ensure the City has adequate supplies at the time of anticipated construction. Plans and specifications for installation of the steel sheet piles to be supplied by Corpac Steel Products are being finalized for bidding in September. EXHIBITS: Memorandum, dated July 29, 2014 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This contract will be funded out of the $18,000,000 approved by the King County Flood Control District and the Washington State Department of Ecology for the Briscoe-Desimone Levee project. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy ]. LaPorte, P.E., Public Works Director N.147 KENT Address: 400 West Gowe Street b1PSHING—ON Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: July 29, 2014 TO: Mayor Cooke and Kent City Council FROM: Chad Bieren, P.E. City Engineer RE: Briscoe-Desimone Levee Reach 1 Sheet Piling Supply Contract Project Bid opening for this project was held on Tuesday, July 15, 2014 with 2 bids received. The lowest responsible and responsive bid was Corpac Steel Products Corp., in the amount of $900,484.36. The Engineer's estimate was $1,085,152.67. The Public Works Director recommends awarding this contract to Corpac Steel Products Corp. Bid Summary 01. Corpac Steel Products Corp. $900,484.36 02. Skyline Steel $1,216,200.82 Engineer's Estimate $1,085,152.67 This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION A) Property Negotiations, as per RCW 42.30.110(1)(c) ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.