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HomeMy WebLinkAboutCity Council Committees - Operations Committee - 03/04/2008 Operations Committee Agenda Councilmembers: Debbie Raplee*Les Thomas*Tim Clark, Chair Unless otherwise noted, the Operations Committee meets at 4:00 p.m. on the 1st and 3rd Tuesdays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. Dates and times are subject to change. For information please contact Renee Cameron at (253) 856-5770. Any person requiring a disability accommodation should contact the City Clerk’s Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1- 800-833-6388. March 4, 2008 4:00 p.m. ItemDescription Action Speaker Time Page 1. Approval of minutes YES 1 dated February 19, 2008 2. Approval of vouchers dated YES Bob Nachlinger February 29, 2008 3. 2007 Budget Adjustment Ordinance - YES Bob Nachlinger 05 Min. 3 2nd half 4. Town Square Plaza Budget YES Jeff Watling 05 Min. 15 Adjustment – Authorize Lori Flemm 5. Architectural Fees for Aukeen YES John Hodgson 05 Min. 17 Court Expansion – Authorize 6. Cable Franchise Contract Consultant YES Mike Carrington 05 Min 41 Bradley & Guzzetta, LLC Dea Drake This page intentionally left blank 1 2 FINANCE R. J. Nachlinger, Director Phone: 253-856-5260 Fax: 253-856-6255 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 4, 2008 TO: Kent City Council Operations Committee FROM: R. J. Nachlinger, Finance Director THROUGH: John Hodgson, Chief Administrative Officer SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments Between August 1, 2007 and December 31, 2007 MOTION: I move to recommend Council approve the consolidating budget adjustment ordinance for adjustments made between August 1, 2007 and December 31, 2007 totaling $90,435,060. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance totaling $90,435,060 for budget adjustments made between August 1, 2007 and December 31, 2007. The net amount, excluding transfers and internal service charges, is $89,523,704. Please note that $89,816,641 was previously approved by Council, including $78,600,000 for the Events Center. These were primarily for projects. BUDGET IMPACT: BACKGROUND: The net amount of $618,419 not yet approved by Council, is for the allocation of dedicated revenues and authorizing expenditures. Authorized position count is increased by 15: ƒ 14.0 for Fire for permanent full-time firefighters to staff new Covington station. ƒ 1.0 for Public Works Engineering for a permanent full-time Engineer Tech 2. Kent Council Operations Committee Consolidating Budget Adjustment 3 This page intentionally left blank 4 2007 Budget Adjustments - Second Half 1 ORDINANCE NO. ________ AN ORDINANCE of the City of Kent, Washington, amending the 2007 budget for adjustments made between August 1, 2007, and December 31, 2007. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. – Budget Adjustments. The 2007 City budget is amended to include budget fund adjustments as summarized and set forth in Exhibit “A,” which is attached and incorporated into this ordinance. Authorized positions are increased by 15 full-time equivalents. SECTION 2. – Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 5 2007 Budget Adjustments - Second Half 2 SECTION 4. – Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of March, 2008. APPROVED: day of March, 2008. PUBLISHED: day of March, 2008. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\BudgetAdjustment-2007-2nd.doc 6 Adjustment Fund Title Ordinance 001 General Fund 581,978 110 Street Fund 62,500 120 Public Safety Retiree Benefits 697,146 130 Lodging Tax Fund 4,788 140 Youth/Teen Fund 25,000 150 Capital Improvement Fund 115,000 160 Criminal Justice Fund 61,996 170 Environmental Fund 148,165 190 Other Operating Projects Fund (1,938,946) 310 Street Capital Projects Fund 10,487,567 320 Parks Capital Projects Fund 820,403 330 Other Capital Projects Fund 78,777,397 350 Facilities Capital Projects 62,608 440 Sewerage Operating 1,048,010 480 Golf Operating 175,000 540 Facilities Management Fund 3,594 560 Insurance Fund (697,146) Total Gross Budget Change 90,435,060 Less: Internal Service Funds 697,146 Other Transfers (973,055) Internal Transfers (635,447) Subtotal (911,356) Total Net Budget Change 89,523,704 City of Kent Budget Adjustment Ordinance Adjustments August 1, 2007 to December 31, 2007 Exhibit A 7 Budget Adjustment Details for Budget Changes from August 1, 2007 through December 31, 2007 Fund and Project Revenues Expense Changes Begin End Balance Approval Date or Previous FundExplanation 2/26/2008 1 General Fund Previously approved by Council 1000 0 9,328 -9,328 0 -9,328 0Night Court Supplemental Bdgt 8212007 1000 25,000 25,000 0 0 0 0Amend Aquatics Rec Budget-1400 9042007 1000 15,000 15,000 0 0 0 0KC Sustained Support Grant 6052007 Approved by Council in prior year or other fund 1000 198,116 198,116 0 0 0 0Human Svc Interlocal Agreemnts 2003 Not previously approved by Council 1000 334,534 334,534 0 0 0 0Amend Senior Center Rec Trips 2007 572,650 581,978 -9,328 0 -9,328 0Total General Fund 110 Street Fund Previously approved by Council R00015 62,500 62,500 0 0 0 0 Commute Trip Reduction Commute Trip Reduction Grant 7032007 62,500 62,500 0 0 0 0Total Street Fund 120 Public Safety Retiree Health Approved by Council in prior year or other fund 1200 250,000 0 250,000 0 250,000 0Retiree Health Care 2007 1200 697,146 697,146 0 0 0 0Retiree Health Care 5630 947,146 697,146 250,000 0 250,000 0Total Public Safety Retiree Health 130 Lodging Tax Fund Approved by Council in prior year or other fund 1300 0 4,788 -4,788 0 -4,788 0Adjust Lodging Tax Budget 2006 0 4,788 -4,788 0 -4,788 0Total Lodging Tax Fund Page 1 of 7 8 Fund and Project Revenues Expense Changes Begin End Balance Approval Date or Previous FundExplanation 2/26/2008 140 Youth/Teen Fund Previously approved by Council 1400 0 25,000 -25,000 0 -25,000 0Amend Aquatics Rec Budget-1400 9042007 0 25,000 -25,000 0 -25,000 0Total Youth/Teen Fund 150 Capital Improvement Fund Previously approved by Council 1500 0 -100,000 100,000 0 0 100,000Rev CIP Transfer-Shoreline Grt M00033 1500 0 0 0 0 100,000 -100,000Rev CIP Transfer-Shoreline Grt 2007 M00033 190,000 190,000 0 0 0 0 Shoreline Master Prog. Update Shoreline Master Prog Grant 7172007 M00033 0 -100,000 100,000 0 0 100,000 Shoreline Master Prog. Update Rev CIP Transfer-Shoreline Grt 2007 M00033 -100,000 0 -100,000 0 0 -100,000 Shoreline Master Prog. Update Rev CIP Transfer-Shoreline Grt 15009000 M00034 125,000 125,000 0 0 0 0 GMA Planning Grnt-Midway 07-09 WA DCTED-Growth Mgmt Grant 12112007 Approved by Council in prior year or other fund 1500 0 0 0 0 0 0Retiree Health Care 2007 215,000 115,000 100,000 0 100,000 0Total Capital Improvement Fund 160 Criminal Justice Fund Previously approved by Council N00013 61,996 61,996 0 0 0 0 DOJ-Bureau Assistance 2007 Byrne Justice Assistance Grnt 9182007 61,996 61,996 0 0 0 0Total Criminal Justice Fund 170 Environmental Fund Previously approved by Council M17103 19,732 19,732 0 0 0 0 Waste Reduction Recycling 2003 KC Hazardous Waste Program Grt 1162007 Approved by Council in prior year or other fund M17103 85,722 85,722 0 0 0 0 Waste Reduction Recycling 2003 KC Waste Reduction & Rec Grant 2006 M17103 42,711 42,711 0 0 0 0 Waste Reduction Recycling 2003 Wa Dept of Ecology State Grant 2006 148,165 148,165 0 0 0 0Total Environmental Fund Page 2 of 7 9 Fund and Project Revenues Expense Changes Begin End Balance Approval Date or Previous FundExplanation 2/26/2008 190 Other Operating Projects Fund Previously approved by Council 1902 8,000 8,000 0 0 0 0KC 4Culture Grnt-City Art Bdgt 12112007 H00010 -11,766 -11,766 0 0 0 0 Safe Havens - DOJ Grant Close H00010toH00014-SafeHaven H00014 H00013 50,000 50,000 0 0 0 0 Safe Havens - KC Grant Safe Havens - KC Grant 10022007 H00014 5,878 5,878 0 0 0 0 Safe Havens - Services Safe Haven Fee For Service Inc 10022007 H00014 11,766 11,766 0 0 0 0 Safe Havens - Services Close H00010toH00014-SafeHaven H00010 H00015 250,000 250,000 0 0 0 0 Safe Havens - OVW Federal Grant Safe Havens Svcs 11062007 H00016 13,200 13,200 0 0 0 0 Safe Havens - DSHS A&V WA DSHS Grant Safe Havens A&V 11062007 V00042 15,925 15,925 0 0 0 0 FEMA - EMPG 2007 Fire EMPG Grant 6192007 V00050 -2,364,000 -2,364,000 0 0 0 0 Events Center Study Event Center Budget to M20014 Not previously approved by Council V00075 82,051 82,051 0 0 0 0 Fire Training Equipment Rev. Rec'd fr other Agencies -1,938,946 -1,938,946 0 0 0 0Total Other Operating Projects Fund 310 Street Capital Projects Fund Previously approved by Council R20062 -100,000 -100,000 0 0 0 0 256th (Kent Kangley - 116th)256th Street Imps Budget R90088 R90056 22,000 22,000 0 0 0 0 84th Avenue Rehabilitation Federal Grant for EVH 2062007 R90070 1,444,200 1,444,200 0 0 0 0 272nd Extension (KK to 256th)TIB Grant-277th St Corr Ext 4192005 Approved by Council in prior year or other fund R20005 192,162 192,162 0 0 0 0 Street Mitigation Receipts Mitigation Contributions SEPA2494 R90054 3,211 3,211 0 0 0 0 196th Street Corridor-East Mitigation Contributions SEPA2494 R90067 8,240,000 8,240,000 0 0 0 0 BNSF Grade Separation 228th Grade Separation Grant 10042005 R90070 194,368 194,368 0 0 0 0 272nd Extension (KK to 256th)Mitigation Contributions SEPA2494 R90073 332,410 332,410 0 0 0 0 2nd Avenue Pedestrian Imp Kent TOD Access Project Grant 10192004 R90094 159,216 159,216 0 0 0 0 224th-228th Corridor East Leg Mitigation Contributions SEPA2494 10,487,567 10,487,567 0 0 0 0Total Street Capital Projects Fund Page 3 of 7 10 Fund and Project Revenues Expense Changes Begin End Balance Approval Date or Previous FundExplanation 2/26/2008 320 Parks Capital Projects Fund Previously approved by Council P20013 50,400 50,400 0 0 0 0 Parks Fee-in-Lieu 3rd Quarter Fee-in-Lieu 11062007 P20013 47,925 47,925 0 0 0 0 Parks Fee-in-Lieu 2nd Quarter Fee-in-Lieu 10022007 P20020 10,558 10,558 0 0 0 0 Three Friends Three Friends Fishing Hole-Grt 11062007 P20022 697 697 0 0 0 0 Adopt-a-Park Program Adopt-a-Park-King Consr Grant 10022007 P20022 2,184 2,184 0 0 0 0 Adopt-a-Park Program Laurent Mem. Garden Donation 4032007 P20024 6,000 6,000 0 0 0 0 Service Club Ballfields Serv Club Ball Flds Donations 4032007 P20024 11,340 11,340 0 0 0 0 Service Club Ballfields Service Club Ballfields-Grant 3062007 P20024 5,169 5,169 0 0 0 0 Service Club Ballfields Serv Club Ball Flds Donations 11062007 P20027 36,900 36,900 0 0 0 0 Clark Lake Mgmt Plan/Develop 2nd Quarter Fee-in-Lieu 10022007 P20037 21,000 21,000 0 0 0 0 Turnkey Neighborhood Park 3rd Quarter Fee-in-Lieu 11062007 P20045 11,025 11,025 0 0 0 0 East Hill "X" Park 2nd Quarter Fee-in-Lieu 10022007 P20045 13,374 13,374 0 0 0 0 East Hill "X" Park KC Grant East Hill Skate Park 12112007 P20059 48,000 48,000 0 0 0 0 Town Square Park Town Square Contribution 2072006 P20068 18,825 18,825 0 0 0 0 132nd Street Park 3rd Quarter Fee-in-Lieu 11062007 P20083 1,994 1,994 0 0 0 0 Eagle Scout Projects Eagle Scout Projects Grant 8072007 P20093 10,575 10,575 0 0 0 0 272nd Neighbor Park Acq & Dev 3rd Quarter Fee-in-Lieu 11062007 Approved by Council in prior year or other fund P20059 10,000 0 10,000 0 0 10,000 Town Square Park Town Square Amend budget P20707 P20059 15,000 0 15,000 0 0 15,000 Town Square Park Town Square Amend budget P20107 P20059 75,000 0 75,000 0 0 75,000 Town Square Park Town Square Amend budget P20098 P20059 50,000 0 50,000 0 0 50,000 Town Square Park Town Square Amend budget P20086 P20059 250,000 500,000 -250,000 0 0 -250,000 Town Square Park Town Square Amend budget P20071 P20059 100,000 0 100,000 0 0 100,000 Town Square Park Town Square Amend budget P20060 P20060 000000 Riverwalk / Riverview Park Dev Town Square Amend budget P20059 P20071 000000 Uplands Playfield Parking/St.Town Square Amend budget P20059 P20086 000000 228th Corridor Park/Trailhead Town Square Amend budget P20059 P20098 000000 Downtown Gateways, Phase 2 Town Square Amend budget P20059 P20107 000000 Park Lifecycle Mtc 2007 Town Square Amend budget P20059 P20707 000000 Lifecycle-Irrigation 2007 Town Square Amend budget P20059 Page 4 of 7 11 Fund and Project Revenues Expense Changes Begin End Balance Approval Date or Previous FundExplanation 2/26/2008 Not previously approved by Council P20020 190 190 0 0 0 0 Three Friends Plants for Three Friends Park 2007 P20022 1,250 0 1,250 0 0 1,250 Adopt-a-Park Program Adopt-a-Park Donations 2007 P20022 450 0 450 0 0 450 Adopt-a-Park Program Adopt-a-Park Memorials 2007 P20022 0 1,700 -1,700 0 0 -1,700 Adopt-a-Park Program Adopt-a-Pk Memorials/Donations 2007 P20024 15,853 15,853 0 0 0 0 Service Club Ballfields Svc Club Ball Fld-Street Light 2007 P20059 0 1,739 -1,739 0 0 -1,739 Town Square Park Town Square Sale of Maps/Don 2007 P20059 636 0 636 0 0 636 Town Square Park Town Sq Plaza-Kent Val Hockey 2007 P20059 1,103 0 1,103 0 0 1,103 Town Square Park Town Square Plaza-Sale of Maps 2007 P20061 368 368 0 0 0 0 West Fenwick Renovations West Fenwick Park-Sale of Maps 2007 P20083 509 509 0 0 0 0 Eagle Scout Projects Eagle Scout Donations 2007 P20107 4,078 4,078 0 0 0 0 Park Lifecycle Mtc 2007 Pk Lifecycle Mtc-Recycle Bins 2007 820,403 820,403 0 0 0 0Total Parks Capital Projects Fund 330 Other Capital Projects Fund Previously approved by Council M20014 78,600,000 78,600,000 0 0 0 0 Event Center Event Center Budget 7262007 Not previously approved by Council M20013 291,148 291,148 0 0 0 0 Kent Station Reallocate Bond Proceeds & Int 2002 M20017 0 -89,659 89,659 0 0 89,659 LTGO Bonds 2002 Reallocate Bond Proceeds & Exp 2002 M20017 0 291,148 -291,148 0 0 -291,148 LTGO Bonds 2002 Reallocate Bond Proceeds & Int 2002 M20017 0 -157,620 157,620 0 0 157,620 LTGO Bonds 2002 Reallocate Bond Proceeds 2002 M20017 43,869 0 43,869 0 0 43,869 LTGO Bonds 2002 Budget Int Earned on Bonds 2002 M20025 -157,620 -157,620 0 0 0 0 Downtown Gateways Reallocate Bond Proceeds 2002 78,777,397 78,777,397 0 0 0 0Total Other Capital Projects Fund Page 5 of 7 12 Fund and Project Revenues Expense Changes Begin End Balance Approval Date or Previous FundExplanation 2/26/2008 350 Facilities Capital Projects Approved by Council in prior year or other fund F20025 25,000 25,000 0 0 0 0 Facility Minor Renovations Amend Parks Facilities budgets F00406 F20036 4,067 9,976 -5,909 0 0 -5,909 Courtyard & Sidewalk Renov Amend Parks Facilities budgets F00606 F20036 5,909 0 5,909 0 0 5,909 Courtyard & Sidewalk Renov Amend Parks Facilities budgets F00106 F20043 12,466 0 12,466 0 0 12,466 Legal and Parks Renovations Amend Parks Facilities budgets F00606 F20043 15,166 27,632 -12,466 0 0 -12,466 Legal and Parks Renovations Amend Parks Facilities budgets F00107 62,608 62,608 0 0 0 0Total Facilities Capital Projects 440 Sewerage Operating Previously approved by Council D00010 975,000 0 975,000 0 0 975,000 NPDES Permit Salmon Recovery Funding Bd Grt 8212007 D00010 0 1,069,000 -1,069,000 0 0 -1,069,000 NPDES Permit KC Grants Property Acquisition 8212007 D00010 94,000 0 94,000 0 0 94,000 NPDES Permit KC Conservation Futures Grant 8212007 Approved by Council in prior year or other fund D20038 -20,990 -20,990 0 0 0 0 Johnson Creek Mitigation Contributions SEPA2494 1,048,010 1,048,010 0 0 0 0Total Sewerage Operating 480 Golf Operating Previously approved by Council 4800 114,097 114,097 0 0 0 0Inc Rev at Merchandise Center 12112007 4800 0 60,903 -60,903 0 -60,903 0Well Pump Expenditure at Golf 12112007 114,097 175,000 -60,903 0 -60,903 0Total Golf Operating Page 6 of 7 13 Fund and Project Revenues Expense Changes Begin End Balance Approval Date or Previous FundExplanation 2/26/2008 540 Facilities Management Fund Approved by Council in prior year or other fund F00106 000000 Public Building Major Mtc 2006 Amend Parks Facilities budgets F20036 F00107 000000 Public Building Major Mtc 2007 Amend Parks Facilities budgets F20043 F00406 000000 Facility Painting 2006 Amend Parks Facilities budgets F20025 F00506 000000 Sealcoat Parking Lots 2006 Amend Parks Facilities budgets F00507 F00507 3,594 3,594 0 0 0 0 Sealcoat Parking Lots 2007 Amend Parks Facilities budgets F00506 F00606 0 4,067 -4,067 0 0 -4,067 Office Furniture 2006 Amend Parks Facilities budgets F20036 F00606 0 -4,067 4,067 0 0 4,067 Office Furniture 2006 Amend Parks Facilities budgets F20043 3,594 3,594 0 0 0 0Total Facilities Management Fund 560 Insurance Fund Approved by Council in prior year or other fund 5630 -697,146 -697,146 0 0 0 0Retiree Health Care 1200 -697,146 -697,146 0 0 0 0Total Insurance Fund 90,685,041Grand Tot 90,435,060Grand Tot 249,981Grand Tot 0Grand Tot 249,981Grand Tot 0Grand Total Page 7 of 7 14 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 March 4, 2008 TO: Kent Council Operations Committee FROM: Lori Flemm, Superintendent of Parks and Open Space THROUGH: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: Town Square Plaza Budget Adjustment - Authorize MOTION: Move to recommend authorizing a budget adjustment of $654,000.00 for changes orders from JV Constructors, Inc. for the Town Square Plaza Project, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Staff provided an update on the Town Square Plaza Project at the January 15, Operations Committee meeting, and at the January 17, Parks Committee meeting. The report highlighted the significant progress to date, outlined some of the challenges that the project has overcome, and informed the Committee members that a budget adjustment would be necessary to complete this project. The additional funds needed to complete the project address changes resulting from the fact that Phases I and II of Project Springboard have not been completed, along with addressing the significant amount of unsuitable soil that was found on the site. Funds for this budget adjustment are available in the Parks CIP fund, and through the deferral of some 2008 projects - namely Riverview Park. EXHIBITS: None BUDGET IMPACT: None 15 This page intentionally left blank 16 Parks, Recreation and Community Services Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 4, 2008 TO: City Council Operations Committee FROM: John M. Hodgson, Chief Administrative Officer RE: Architectural Fees for Aukeen Court Expansion - Authorize MOTION: Move to approve establishing a budget of $90,000.00 for schematic design services to expand Aukeen Court, and authorize the Mayor to enter into an agreement with David Clark Architects PLLC, subject to final terms and conditions acceptable to the City Attorney. The Municipal Court staff are working in very crowded conditions. The City is negotiating an agreement with King County District Courts to allow the City to complete a renovation of the current Aukeen District Court building to allow expansion for courts and office space. Once the schematic design has been finished and a budget developed, additional funding will be requested to complete the design, bidding and construction services. EXHIBITS: Agreement with David Clark Architects, PLLC BUDGET IMPACT: Upon approval, new account numbers will be established by the Finance Department for this project 17 This page intentionally left blank 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 This page intentionally left blank 40 INFORMATION TECHNOLOGY Mike Carrington, Director Phone: 253-856-4600 Fax: 253-856-4700 220 Fourth Avenue S. Kent, WA 98032-5895 March 4, 2008 TO: Kent City Council Operations Committee FROM: Mike Carrington, IT Director Dea Drake, Multimedia Manager SUBJECT: Cable Franchise Contract Consultant MOTION: I move to approve entering into a contract with Bradley and Guzzetta LLC, Attorneys at Law, for the purpose of assisting the City in negotiation of the Comcast Cable Franchise for an amount not to exceed $35,000 plus taxes and expenses. SUMMARY: The City of Kent Comcast Cable Franchise Agreement will expire in June of 2008. The constantly changing landscape of emerging technologies in telecom, cable and broadband, combined with recent FCC rulings, has created a trend toward National and State franchising. This convergence of technology and policy also creates a complicated and constantly changing set of priorities with multiple considerations. Local municipalities like ours are often left with very little negotiating power and leverage. The City would benefit from having a consultant with strong experience in negotiating cable franchises and seasoned experience in the kind of climate we find ourselves today. The recommended consultant, Bradley and Guzzetta LLC, is currently negotiating on behalf of the cities of Auburn and Renton. This Valley Cities backdrop will provide us with a measure of regional leverage along with cost sharing benefits. The negotiating team will consist of staff from IT and Law coupled with the Bradley and Guzzetta principle, Michael Bradley. Secondary support will be provided by the Bradley and Guzzetta consulting firm as a whole. BUDGET IMPACT: Funding for this effort was included in the 2007 Tech Plan which was adopted as part of the comprehensive 2008 City budget. 41 This page intentionally left blank 42 CONSULTANT SERVICES AGREEMENT - 1 (Between the City of Kent and Bradley & Guzzetta, LLC) (February 6, 2008) CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF KENT AND BRADLEY & GUZZETTA, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Bradley & Guzzetta, LLC organized under the laws of the State of Washington and doing business at 444 Cedar Street, Suite 950, Saint Paul, MN 55101 P/(651) 379-0900 F/(651)379-0999 (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: Michael R. Bradley of Bradley & Guzzetta, LLC, will be the lead consultant and will coordinate efforts between Bradley & Guzzetta, LLC and its Team Members (CBG Communications, Inc. and Front Range Consulting, Inc.). The major tasks of the project have been divided into three phases. This contract covers Phase I, Informal Renewal. The detailed tasks are listed on Exhibit A attached hereto, for Phase I only. It is anticipated that Phase II will be completed by subsequent amendment of this Agreement. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices 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 September 30, 2008. III. COMPENSATION. A. The City shall pay the Consultant, based on an amount not to exceed Thirty Five Thousand Dollars and xx/100 ($35,000.00) for the services described in this Agreement for Phase I. 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. 43 CONSULTANT SERVICES AGREEMENT - 2 (Between the City of Kent and Bradley & Guzzetta, LLC) (February 26, 2008) 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 and that 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. 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. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. 44 CONSULTANT SERVICES AGREEMENT - 3 (Between the City of Kent and Bradley & Guzzetta, LLC) (February 26, 2008) 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. 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 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. 45 CONSULTANT SERVICES AGREEMENT - 4 (Between the City of Kent and Bradley & Guzzetta, LLC) (February 26, 2008) 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, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 46 CONSULTANT SERVICES AGREEMENT - 5 (Between the City of Kent and Bradley & Guzzetta, LLC) (February 26, 2008) 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: By: (signature) Print Name: Its (Title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor (Title) DATE: NOTICES TO BE SENT TO: CONSULTANT: Bradley & Guzzetta, LLC 444 Cedar Street, Suite 950 St. Paul, Minnesota 55101 (651) 389-0900 (telephone) (651) 379-0999 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Information Technology Attn: Dea Drake City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-4600 (telephone) (253) 856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department P:\Civil\Files\OpenFiles\0985\ConsultantServicesAgreement-Bradley.doc 47 CONSULTANT SERVICES AGREEMENT - 1 (Between the City of Kent and Bradley & Guzzetta, LLC) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of ____, 200__. By:___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 48 CONSULTANT SERVICES AGREEMENT - 2 (Between the City of Kent and Bradley & Guzzetta, LLC) 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. 49 CONSULTANT SERVICES AGREEMENT - 3 (Between the City of Kent and Bradley & Guzzetta, LLC) CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of ______________________________________ Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as ____________________________________________ that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this __________ day of ___________________________, 200___. By:___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 50 Exhibit A To Consulting Services Agreement Between the City of Kent and Bradley & Guzzetta, LLC I. Description of Work. 1. Cable Franchise Renewal The following is the work plan for the City’s Cable Franchise Renewal Project. Michael R. Bradley of Bradley & Guzzetta, LLC, will be the lead consultant and will coordinate efforts between Bradley & Guzzetta, LLC and its Team Members (CBG Communications, Inc. and Front Range Consulting, Inc.). The major tasks of the project have been divided into three phases. a. Phase I – Informal Renewal 1. Brief City Council on Cable Franchise Renewal and Proposed Work Plan 2. Identify Needs and Priorities a. Participation of other cities b. Future Role of Puget Sound Access c. Identify Vision of PEG channels (City to do in-house) i. Equipment and Staffing Needs (City) d. Work Session/Visioning Session i. Finance ii. City Attorney iii. Public Works iv. IT 3. Current Cable Franchise Compliance Review (June 2007) a. Rate Review – FCC Forms 1235, 1205 and 1240 b. Franchise Fee Review c. I-Net Ownership Review i. Upon request City must provide all documentation related to I-Net ownership 4. Engage in brief informal negotiations 5. Prepare Franchise Documents 6. Presentation to Council 51 CONSULTANT SERVICES AGREEMENT - 4 (Between the City of Kent and Bradley & Guzzetta, LLC) Exhibit B To Consulting Services Agreement Between the City of Kent and Bradley & Guzzetta, LLC Compensation 1. Cable Franchise Renewal. Vendor shall perform the services in Phases I and II at the hourly rates set forth in paragraph 3. The fees for Phase I shall not exceed $35,000.00 exclusive of costs. The City and Vendor shall mutually agree on a not to exceed fee cap for Phase II prior to the commencement of any tasks under Phase II. 2. Cable Franchise Administration. Consultant shall perform the Cable Franchise Administration tasks listed in Exhibit A for a flat fee of $2,084.00 per month exclusive of costs. 3. Telecommunications Franchise Administration. Consultant shall perform the Telecommunications Franchise Administration tasks listed in Exhibit A for a flat fee of $3,000.00 per month exclusive of costs. 3. Hourly Rates. For all hourly work and any optional services, the following hourly fees shall apply: Michael R. Bradley $220.00 Stephen J. Guzzetta $220.00 J. David Abramson $220.00 Associates $175.00 Paralegal/Law Clerk $125.00 4. Disbursements. Disbursements (postage, supplies, long distance telephone) would be charged on an actual cost basis. We anticipate the following expenses: photocopies, materials and supplies, courier fees, reproduction, postage, Federal Express, travel (air, hotel, meals, ground transportation etc.), mileage at $0.485/mile or the current approved IRS rate, parking, court and administrative agency costs, expert witness fees, and other similar expenses. Subcontracting involves a significant investment in administrative time. In addition, Vendor is charged state tax on all of the subcontractor’s fees. If it is necessary to subcontract with other firms with the necessary expertise to assist the City, B&G will at the City’s request and approval enter into subcontracts with other consultants. The City shall reimburse B&G for the actual cost of the subcontracts plus a 10% markup to cover B&G’s additional overhead expense associated with the Subcontract. 5. Submission of Invoices/Fee Adjustments. Invoices for work will be submitted to the City monthly and will be due and payable 30 days after submission. Balances owed for more than 30 days after invoice date may, at Consultant’s option, accrue interest as allowed by Washington law. All fees shall be adjusted each January 1st (commencing January 1, 2008) by a cost of living adjustment, based upon the Consumer Price Index for the Seattle area. 6. Objections to Invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If 52 CONSULTANT SERVICES AGREEMENT - 5 (Between the City of Kent and Bradley & Guzzetta, LLC) 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. THE MAKING 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. 53 CONSULTANT SERVICES AGREEMENT - 6 (Between the City of Kent and Bradley & Guzzetta, LLC) ATTACHMENT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 3. Professional Liability insurance appropriate to the Consultant’s profession. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 2. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 54 CONSULTANT SERVICES AGREEMENT - 7 (Between the City of Kent and Bradley & Guzzetta, LLC) EXHIBIT C (Continued ) 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 55