Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council Meeting - Council - Agenda - 2/19/2019
KENT CITY COUNCIL AGENDAS Tuesday, February 19, 2019 Chambers Councilmember Marli Larimer Council President Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Satwinder Kaur Mayor Dana Ralph Councilmember Les Thomas Council President Bill Boyce ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER / FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. SKCAC Industries and Employment Services Presentation 2. Proclamation for Black History Month B. Community Events C. Public Safety Report 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Chief Administrative Officer Report 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measurement or candidate for office. If you wish to speak to the Mayor or Council, please sign up at the City Clerk’s table adjacent to the podium. When called to speak, please state your name and address for the record. You will have up to three 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. City Council Meeting City Council Regular Meeting February 19, 2019 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Feb 5, 2019 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Feb 5, 2019 7:00 PM B. Payment of Bills - Approve C. Agreement with Vitality Group, LLC, for City's Wellness Program - Authorize D. Agreement with Barokas Communications for Public/Media Relations and Marketing to Promote the Kent Valley - Authorize E. Resolution Certifying the Panther Lake Annexation Sales Tax Credit - Adopt F. Ordinance Granting 10-Year Franchise to Comcast Cable Communications Management, LLC - Adopt G. Set a Public Hearing Date for the Surplus and Restrictive Covenant Removal for a Portion of the Green River Natural Resource Area in Support of the Lower Russell Road Levee Project H. Ordinance Amending Kent City Code Chapter 9.38 - Parking Restrictions – Adopt I. Agreement with Puget Sound Energy for Power Services Upgrade for 640 Pump Station - Authorize J. Puget Sound Energy Utility Easement for 640 Pressure Zone North Pump Station No. 1 - Authorize K. Community Services Agreement with Public Health of Seattle and King County for a Local Hazardous Waste Management Program Grant - Authorize L. Contract with Puget Sound Energy for Electrical Services for the Upper Mill Creek Dam - Authorize M. Consultant Services Agreement with GeoEngineers for Geotechnical Consulting Services for the South 224th Street Improvements Project - Authorize N. Bishop's Landing Bill of Sale - Authorize O. Clean Harbors Bill of Sale - Authorize P. Accept the 2018 Plastic Markings Project as Complete - Authorize Q. Accept the Kent Memorial Park Play Area Renovation and Wiffle® Ball Field Installation Project as Complete - Authorize R. Supplemental Budget Adjustment Ordinance - Adopt City Council Meeting City Council Regular Meeting February 19, 2019 9. OTHER BUSINESS 10. BIDS 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. 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 7-1-1. PROCLAMATION WHEREAS,Kent residents of all backgrounds and qxperiences contribute to our city's rich cultural diversity, storied history and promising future, and it is important to recognize the positive contributions to our society made by people of all heritages and races; and wHEREAS,African Americans have had a presence in the history of the Pacific Northwest since the Lewis and Clark Expedition from 1805 and began settling in Washington State in the 1850s. The first major turning point in the migration of African American pioneers to the Northwest involved George W. Bush, from Philadelphia, who was one of the leaders of the first organized party of settlers migrating to Puget Sound and was a successful farmer in the 1840s. Bush established Bush Prairie, now known as the c¡ty of Tumwater. In the 1850s, there was George Winslow, a successful African American businessman in Portland who was one of the wealthiest African Americans in Oregon, and perhaps the Pacific Northwest; and WHEREAS,African Americans have also played an important role here in Kent. From the contributions and achievements of the first African American settlers in Kent, William and Pauline Scott, who, after the destruction of their business by The Great Seattle Fire of 1889, moved to Kent and ran a successful business leading to the ownership of over 160 acres in Kent, to the most recent contributions of Gwen Allen-Carston, President of the Kent Black Action Commission, an organization formed to give our African American community a forum to come together on issues; and, Kendrick Glover, Kent's Person of the Year for 2015 and President of Glover Empowerment Mentorship, an organization dedicated to serving and mentoring African American youth between the ages of 13 and 27; and WHEREAS,many other African Americans have made important contributions to our country, including Martin Luther King, Jr., our nation's greatest civil rights leader; Ida B. Wells, the renowned writer, teacher, women's suffragist and anti-lynching crusader; Jackie Robinson and Earl Lloyd, the first African Americans to play in Major League Baseball and the National Basketball Association, respectively; Thurgood Marshall, the first African American United States Supreme Court Justice; and Rosa Parks, whose famous decision to remain in her bus seat symbolized the spirit of the Civil Rights Movement. NOW, THEREFORE, I, Dana Ralph, Mayor of the City of Kent, Washington, do hereby declare the month of February, 2019, as ,'BLACK HTSTORY MONTH" in the City of Kent, Washington, and urge all residents to become more aware of thè significance of African American history and the heritage of our nation and city' In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 19th day of February 2019. Dana Ralph Mayor KENT WAgHTNG?oN 4.A.2 Packet Pg. 4 Co m m u n i c a t i o n : P r o c l a m a t i o n f o r B l a c k H i s t o r y M o n t h ( P u b l i c R e c o g n i t i o n ) Page 1 of 7 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 02/19/19 TO: Mayor Ralph Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, February 19, 2019 The Chief Administrative Officer’s report is intended to provide the Council, staff and community with department highlights. ADMINISTRATION The Mayor's Office extends a huge "thank you" to everyone involved in the snow/ice response, especially Public Works and Communications. You made Kent shine! We’re starting to work with Puget Sound Energy on extensions and/or updates to electricity and natural gas franchises. The Executive Leadership Team retreat is March 1. ECONOMIC AND COMMUNITY DEVELOPMENT Planning Services Rental Housing Inspector training sessions were held on January 30 and 31, and attended by 22 prospective inspectors. The sessions went well and useful feedback was received. Nineteen certified inspectors are now listed on the RHIP webpage. Inspections for apartments will begin soon in the northeast quadrant of the City (east of Hwy 167 and north of James Street/240th). A letter will be going out in early March to 57 landlords who own one or more of the 85 apartment complexes located in this area. These landlords must inspect 20% of their units in 2019 and demonstrate passed inspections by November 1 in order to renew their business license by years end. Planning staff are working on several code amendment proposals in 2019: (1) A limited sign code amendment to comply with a recent US Supreme Court decision; (2) more specific standards for recreation equipment within neighborhood parks; and (3) a "housekeeping" code amendment to correct errors and clarify language in the Zoning Code. These topics will be introduced to the Land Use & Planning Board in the coming months. Economic Development Staff have been meeting with LTAC recipients such as the Space Frontier Foundation and AUVSI: Cascade Chapter to begin planning their upcoming events and help them work with Kent venues. 5.A Packet Pg. 5 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 2 of 7 Staff is working with a subcommittee of Kent Downtown Partnership to recruit for the Executive Director position given the impending retirement of KDP director Barbara Smith. Staff met with a new representative of the La Plaza retail center in Midway to talk about the market in Kent and other investment opportunities in the City. NASA's Apollo Next Giant Leap Student Challenge kicked off its program recently at Kent Meridian High School, as covered in Monday’s Seattle Times. As a recipient of a Lodging Tax Grant award, staff are providing planning and marketing assistance for events in Kent. Economic development managers of the cities of Renton, Auburn, Tukwila, and Kent are continuing to meet to discuss how best to collaboratively market the industrial valley. Economic development staff helped organize and support ACES Northwest Networking in staging an event later this month in Kent on the subjects of freight mobility, electrification and autonomous trucking (platooning of trucks) with key personnel from PACCAR manufacturing, the Washington State Trucking Association, and the Center of Excellence for Global Trade and Supply Chain Management. City staff will be on-hand listening to members of the business community and experts in the future of truck technology to learn how these trends might impact projects like Rally the Valley. Long Range Planning Staff completed consultant interviews for Rally the Valley and held a scoping meeting with the selected consultant team, Mackenzie and EcoNW. Staff continue to work with the consultant team to finalize the scope and negotiate contract terms, and are excited to kick into high gear on this important project. Staff is finalizing the draft Shoreline Master Program amendments, which will be available for public comment starting February 22nd. Staff is working with PW to finalize a workplan for TIB's Complete Streets award--the midblock crosswalk in front of the city-owned driving range is the most likely candidate project at this point, and ECD, Parks and PW will all be working together to design and implement improvements related to Meet Me on Meeker and the driving range rehab. Permit Center/Building Services In spite of the anomalous weather since Jan. 28 the Permit Center has still received 30 permit applications with a value of $24,084,151 and issued 38 permits with a value of $8,948,000. The Building inspectors conducted 523 inspections during this same time period. HUMAN RESOURCES Benefits 1095 C forms have been mailed to all benefited employees. 1094 files will be filed with the IRS. Continuing work on multiple FMLA and ADA cases. Beginning implementation of the new Wellness vendor/program. Beginning preparations for the Mayor’s Breakfast and Afternoon with the Mayor. Continuing PCR process review project. Labor, Class & Compensation Working on an agreement regarding transfer language in the AFSCME CBA 5.A Packet Pg. 6 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 3 of 7 Conversion research continues Determining additional cities to add for comp studies Conducting two desk audits in the Finance Department Continuing ongoing investigations and employee relations matters Recruitment Scheduling phone interviews for the Government Performance Coordinator position. Created eligibility list for the position of Entry Level Police Officer on February 11 Holding interviews for the Marketing and Engagement Coordinator (Parks), Maintenance Worker III- Warehouse (PW), and Maintenance Worker II- Solid Waste (PW). Risk Management Replacement cost appraisals (for Property Insurance) to take place over the next 6 to 8 weeks. This information will be used to update our Property insurance inventory prior to 7/1/2019 Property renewal INFORMATION TECHNOLOGY Asset and Workorder Replacement (Cityworks) Replace the Cities current end of life Asset Management System. This project will help to drive efficiency by automating the Asset Management and Work order workflow through the integration of GIS and the deployment of mobile work application capabilities reducing tact time and Asset Total Cost of Ownership while aiding the Cities strategic planning Public Works Assets. Electronic Plan Review System Implementation (Bluebeam) Identify, procure, and implement an electronic plan review system that will allow customers to submit development/building plans for review electronically or online. The solution will also facilitate electronic review and revisions as needed by the city and customers. Information Technology operational support for January 29 to February 12, 2019 Number of tickets opened – 344; number of tickets closed - 328 LAW Municipal Court Number of Clients that entered the building in January 2019 was 5,289 Number of arrests for January 2019 was 40 PARKS, RECREATION, AND COMMUNITY SERVICES Recreation and Cultural Services: Cultural Programs celebrated another Spotlight Series success with a performance by the Seattle Rock Orchestra featuring “The Beatles: Number Ones”. The Saturday, February 2 show had a near capacity audience of 447 at the Kentwood High School Performing Arts Center. Art works by Mary McInnis and Ray Fernandez are on display in the Centennial Center Gallery through February 27. The latest Kent Creates exhibit, “New Year”, is open through March 31. People are encouraged to use the New Year and new beginnings for inspiration and to submit 5.A Packet Pg. 7 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 4 of 7 photographs, recipes, videos of dances, short films, poems, paintings, drawings, or work in any creative medium. 2018 Traffic Signal Controller Box project artists’ final artwork has been forwarded to the sign company for production. Installation will require warmer, drier weather, but we can look for the new art wraps in the early months of 2019. Recreation and Cultural Services staff spent most days over the past two weeks preparing for, or reacting to, weather related scheduling challenges. Hundreds of youth, adult, senior, and adaptive classes, trips, sports practices and games, along with senior center meal program and facility and field rentals, have been cancelled, re-scheduled and in some cases, re-scheduled again! Staff have delivered exceptional customer service through concise and timely communication with program participants and facility users. POLICE Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions Entry level Police Officers Vincent Alatorre and Jaclyn Adams start on March 1. Significant crime activities/arrests/investigations On February 2, officers were dispatched to Safeway on Washington for a report of a female at the service desk attempting to pass a stolen check using a stolen ID. As officers arrived, they observed the suspect leaving in a vehicle. As the vehicle approached Frager road, the driver abruptly pulled into the oncoming lane, striking an eastbound vehicle head-on. The collision resulted in life-threatening injuries to suspect driver and less critical injuries to the lone occupant in the vehicle she struck. Both were transported to Harborview. We learned post incident that she had a $100K warrant for robbery which likely motivated her to try and escape. On February 8, an altercation between two females in the woods behind JJ’s Sports Bar resulted in one receiving a laceration to her shin with an axe. Both females were drinking at the campsite and the suspect hit the victim in the shin. The suspect was arrested and booked for Assault 2. Major emphasis patrol Officers responded to multiple collisions and were able to keep traffic safely moving through the city during the snow storm. PUBLIC WORKS Design: Mill Creek @ 76th Flood Protection and 76th Road Raising - Geotech and Structural consultants are preparing Type, Size and Location (TS&L) report for culverts. S 224th St Project Phase II - Project awarded to Scarsella. Anticipate work to begin at the end of February. 4th and Willis Roundabout - Field meetings held with utility companies to discuss relocation and undergrounding work. Held several internal stake holder meetings with Parks and ECD staff to discuss scope of work and design. S 212th Street Bridge Deck Resurfacing - Incorporating updated WSDOT General Special Provisions and preparing package for advertisement at the end of Feb. 5.A Packet Pg. 8 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 5 of 7 Environmental: Lower Russell Levee – Dvorak Barn move to be completed within the next few weeks. The barn has been braced and is ready to relocate onto the Green River Natural Resource Area. There will be a public hearing in front of the Kent City Council on March 5 regarding the property swap between the KOA and the GRNRA. Signature Pointe Levee – Meeting with the Executive Director of the Flood Control District February 15 to review the City’s final draft alternative analysis for the levee. Mill Creek Reestablishment – Met with the King County Drainage District No. 1 Board of Supervisors on January 31 to give them an update and discuss an ILA to fund and complete the project. More discussions will be needed to iron out the cost share. Landsburg Mine – Ecology has informed us that the Potentially Liable Parties (PLP’s) will begin backfilling the mine trench in March. Transportation: Staff supported Mayor Ralph in a meeting with Mayor Backus of Auburn and the WSDOT I-405/SR 167 Program leadership to discuss the future of SR 167. Staff met with King County Metro to discuss the Renton-Kent-Auburn Area Mobility Plan (RKAAMP) project and RapidRide I. The topics were the outreach timeline, critical milestones and Kent decision points. Staff began developing the Transportation Master Plan (TMP) draft Transportation Priorities and Outreach Strategy based on input received at the January 30 TMP Workshop. Discovered more street light wire theft along S 199th St by pond near 68th Ave S. Existing welds are being ground to gain access to the wiring. We are re-welding these boxes with extra and longer welds. Meeker St underpass lighting - added white light components to the mix, using the existing light fixtures, to improve pedestrian lighting levels. Land Survey and GIS: Land Survey group has been provided design topography mapping for the Skyline Sewer Pump Station, Mill Creek Bridge and the 76th Ave Road Raising. Field staff have provided construction staking on the 228th Grade Separation project and Meridian Glen Park playground and property line. Land Survey office staff continue to review plans and specifications for CIP projects as well as performing boundary calculations, writing legal descriptions and preparing exhibits for easements and right of way. GIS/Survey Technician continues field mapping and updating water and cross connection assets for the GIS. The GIS group (Geographic Information System) GIS Supervisor has provided training of the new Connect/Explore web application to Permit Center staff. GIS analysts have continued to input as-built infrastructure data into the GIS system, performed public records requests, created Collector App for Sign Inventory staff and done analysis of impervious surfaces. GIS Coordinator continues transferring data layers into various web applications and preparing data models for upcoming CityWorks implementation. GIS Supervisor has met with regional partners for Aerial imagery cost sharing, regional data sharing standards and with vendors regarding enterprise software agreements regarding ESRI GIS software (Environmental Science Research Institute). Construction: LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1) o 84th to SR 167 – Precast fascia panel placement is ongoing. o SR 167 Bridge – Traffic barrier rebar placement is ongoing in addition to placement of conduit for illumination. 5.A Packet Pg. 9 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 6 of 7 o SR 167 to 88th – Grade beam and anchor beam forming and pouring is ongoing. Roadway construction beneath Span 3 began February 13. LID 363: S 224th St Improvements – 88th Ave S / S 218th St Improvements – S 222nd St to 94th Pl S (Ph 2) - Council has authorized the award of this project to Scarsella Bros. Inc. Preconstruction meeting is February 15. Cambridge Reservoir Recoating and Fall Protection Improvements - Work on the tank has been delayed due to the inclement weather and will begin on February 19. Water Department will drain the reservoir prior to February 18. 228th St. Union Pacific Railroad Underground Utilities (Phase 3 of 5) o The full closure of S 228th St from 72nd Ave S to 76th Ave S (4th Ave N) with detour was implemented on November 27 and will be in place for approximately two years. Interurban trail will remain open for use for the next several weeks, but will also be closed for the majority of the project duration. o The 60” HDPE pipe is 75% complete. All but one manhole has been placed. The one remaining HDPE manhole is anticipated to be placed week of February 11, weather permitting. 228th St. Union Pacific Railroad Grade Separation Ground Improvements and Embankments (Ph 4 of 5) Project is in the submittal and material procurement phase with construction anticipated to commence in April. East Valley Highway Pavement Preservation - Contract work scheduled to resume on February 18. 2019 Curb Ramp Upgrade - Concrete flat work is complete. Precast curbing, traffic signal improvements, and channelization is still remaining at several locations but has been delayed due to the current inclement weather. 2019 Guardrail Repairs - Work has been delayed another week due to the current inclement weather. Contractor plans on resuming with work on February 19. 640 Pressure Zone Booster Station - Work will proceed on February 19. Morrill Meadows Park / East Hill Park Renovation & YMCA – Utility overhead to underground conversion work on SE 248th is ongoing. Blue Origin –Mass trucking haul is still ahead of schedule. However, it has been delayed due to the current inclement weather. When the trucking resumes, it will be only taking place during normal daytime work hours. 5.A Packet Pg. 10 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 7 of 7 Streets: Crews are focused on working through snow and ice on primary roadways city wide. When staff are able they will then turn their focus to the City’s secondary roadways. Primary and secondary roadways must be taken care of before looking at the possibility of reopening our closed roadways. Closed roadways will be opened as soon as the weather allows. Street Signs and Markings team are mainly focusing on snow and ice response for the extreme weather event we are experiencing. Sign crews have tentatively scheduled to continue their sign inventory on SE 272nd St west of 124th Ave SE. Special Emphasis staff members will also be assisting with snow and ice removal. Vegetation group have also been involved in the snow and ice cleanup. Crews have continued to work 12 hour shifts to assist with monitoring and responding to all snow and ice concerns. Water: o Pump Station No. 4 generator automatic transfer switch start up and testing as well as pump programing to allow the station to operate as a booster station during the Cambridge Tank painting and structural improvement project. Working with our contractors HCI & T. Bailey on the Cambridge Tank painting project. Utilities: o Storm crews will be removing material and roots from within drainage ponds located on SE 233rd St and along 110th Pl SE. o Sewer Crews will be cleaning sewer lines on 199th Dr SE, and will complete manhole frame lid change outs on Laurel St, S 252nd St and on S 248th St. Fleet/Warehouse: o Warehouse staff are concentrating on assisting with snow and ice response efforts and ordering needed supplies. o The Radio Shop is concentrating on preventative maintenance for electronics and programming radios. o Fleet staff are primarily working on repairs for snow and ice removal equipment such as snow plows. Mechanics are also installing chains on city vehicles to help staff navigate through the inclement weather. # # # 5.A Packet Pg. 11 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Pending Approval City Council Workshop Workshop Regular Meeting Minutes February 5, 2019 Date: February 5, 2019 Time: 5:00 p.m. Place: Chambers I. CALL TO ORDER Attendee Name Title Status Arrived Dennis Higgins Councilmember Present Les Thomas Councilmember Present Bill Boyce Council President Present Dana Ralph Mayor Present Satwinder Kaur Councilmember Present Brenda Fincher Councilmember Present Toni Troutner Councilmember Present Marli Larimer Councilmember Present II. PRESENTATIONS 1. King Conservation District Work Plan At 5:03 Council President Boyce opened the workshop. King Conservation District Executive Director, Bea Covington gave a presentation that included an overview of the Conservation District and the type of work they have done in Kent. The District is a non- regulatory special purpose district operating within the boundary of King County and focused on natural resource management and conservation. Their mission is to promote sustainable uses of natural resources through responsive stewardship. The District is in the process of building a proposal for the next 5-year program of work that will start January 1, 2020. Covington detailed the funding resources and system of rate charges and the programs that help fulfill their mission. Covington advised that since 1995, the City of Kent has received over $810,000 in grant funds and that the Green Kent program annually receives over $50,000. Covington reviewed the Urban Shoreline Program, the Beautify and Care for Your Streamside Property, the Landowner Incentive Program and the Firewise Program. Covington conveyed the importance/relevance of Urban Forest Health Program and provided details on the inequality in forested environment in King County. 8.A.1 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes February 5, 2019 Kent, Washington Page 2 of 2 The South King County Tree Assessment Initiative - all 15-member jurisdictions south of the I-90 corridor will be provided with a Tree Canopy Assessment. Covington shared the success stories of the Hillside Paradise plots community garden and the St. Columba’s community garden. The Hillside garden is being used as a model for future gardens. The Urban Forest and Canopy Stewardship Priorities is an innovative pilot project that supports forest stewardship, public-private partnerships, collaboration with jurisdictions on forest stewardship priorities and assisting neighborhoods and residents to increase awareness, offer learning opportunities and provide technical and project support. 2. Youth Initiative Plan This item was pulled from the agenda and will be rescheduled to a future meeting. Meeting ended at 5:37 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Pending Approval Kent City Council City Council Regular Meeting Minutes February 5, 2019 Date: February 5, 2019 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER / FLAG SALUTE Mayor Ralph called the meeting to order at 7:02 p.m. 2. ROLL CALL Attendee Name Title Status Arrived Bill Boyce Council President Present Toni Troutner Councilmember Present Marli Larimer Councilmember Present Satwinder Kaur Councilmember Present Dennis Higgins Councilmember Present Les Thomas Councilmember Present Brenda Fincher Councilmember Present Dana Ralph Mayor Present 3. AGENDA APPROVAL A. Approve the agenda as amended. Chief Administrative Officer, Derek Matheson added an Executive Session per RCW 42.30.110(1)(g), regarding personnel that is expected to last 20 minutes with no action following the session. Mayor Ralph removed item 4.A.3 "2019 Community Arts Support Program Grant Recipients" from the agenda. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Employee of the Month Mayor Ralph recognized Permit Center Technician, Alixandria Lu as the February Employee of the Month. Permit Center Manager, Barbara Napier expressed words of appreciation for Alix’s work. Alix is the connection between Administration’s big ideas and day-to-day operations. She keeps the difficult and complex projects on track. Alix is friendly, calm in the storm, 8.A.2 Packet Pg. 14 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 2 of 14 and unruffled. 2. Proclamation for the Greater Kent Historical Society Month Mayor Ralph presented Nancy Simpson with the Proclamation for the Greater Kent Historical Society Month. Nancy Simpson is the current President of the Greater Kent Historical Society and the City's historian. Simpson expressed words of appreciation for the proclamation. 3. 2019 Community Arts Support Program Grant Recipients Removed from the agenda. 4. Appointments to the Arts Commission Mayor Ralph provided information regarding the work of the Kent Arts Commission and recognized the volunteers that she is recommending for appointment. Campbell Kristenson resides in Kent and just opened an art gallery in downtown. Kristenson is looking forward to revitalizing the downtown area and making arts a big part of downtown. Sherell Owens, an alternate on the Kent Arts Commission, supports the arts and is excited to serve on the commission to highlight and show the diverse expression through the arts. 5. Appointments to the Human Services Commission Mayor Ralph provided information on the Kent Human Services Commission and advised of the reappointments, appointment, and appointment of an alternate to the Kent Human Services Commission. Connie Stolpp has been a resident of Kent since 1972. Stolpp recently retired and wants to give back to the community in the area of social services - how we care for those having difficulties. B. Community Events Council President Boyce advised of past and upcoming events at the accesso ShoWare Center and encouraged everyone to attend events. Councilmember Fincher advised of upcoming Spotlight Series events. 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF Mayor Ralph serves on the Sound Cities Association Puget Sound Regional Council Executive Board. The Board received a report on the regional aviation baseline study. Mayor Ralph recently attended NASA's Angels Challenge program held at Kent Meridian High School for 5-12 graders to work on building and landing a replica of the lunar rover using drones and the LEGO Mindstorms robots. Chief Administrative Officer, Derek Matheson expressed appreciation for Public Works Operations staff that have been working 24 hours’ a day since Sunday spreading sand and also preparing for the next snow event. 8.A.2 Packet Pg. 15 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 3 of 14 Matheson’s report is in the packet and there is an executive session tonight regarding personnel that is expected to last 20 minutes with no action anticipated when the Council reconvenes. Council President Boyce provided a recap of today’s workshop regarding the King Conservation District program. Boyce expressed his appreciation of the City Council for participating in the 2019 Strategic Planning Retreat on February 1 and 2, 2019. Councilmember Fincher chairs the Kent Arts Commission and indicated the new KentCreates contest is entitled “New Year.” Visit KentCreates.com for more information on submitting art. Fincher indicated the wraps for the additional traffic controller boxes will be installed once the weather warms up. Fincher also advised of the Kent Kids Art Day - March 9th - Kent Commons. Fincher serves on the Sound Cities Association King Conservation District Advisory Committee. Fincher advised of the available classes on conservation and the annual plant sale. Councilmember Fincher serves on the Sound Cities Association Mental Illness and Drug Dependency Oversight Committee. No report. Councilmember Higgins serves on the Sound Cities Association Regional Transit Committee. During the January 16th meeting, the committee accepted the King County Metro Transit System Evaluation Report. In the report, of the top 10 routes that have system service reliability issues, six run through Kent. Kent is in line to receive an investment in additional routes if funds become available. The 2019 work plan for the committee includes a deep dive into alternative services. Higgins chairs the Public Works Committee. The recent meeting included a presentation on the Public Works Department's snow and ice response report. Councilmember Kaur serves on the Sound Cities Association Domestic Violence Initiative Regional Task Force. No report. Councilmember Kaur serves on the Sound Cities Association Growth Management Planning Council. No report. Councilmember Larimer serves on the Sound Cities Association Advisory Council on Aging and Disability Services. No report. Councilmember Troutner chairs the Public Safety Committee. No report 8.A.2 Packet Pg. 16 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 4 of 14 Councilmember Troutner advised that the severe weather shelter is extending opening through Wednesday. The shelter is located at Kent Lutheran Church at 336 Second Avenue South. Check in time is 9 p.m. and it closes at 7 a.m. Visit KentLutheran.org to sign up and get involved. Troutner expressed appreciation for those that have donated items and volunteered. Councilmember Thomas Chairs the Operations Committee and indicated details regarding the meeting can be found in the minutes. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governance Board and will meet on February 6, 2019 at 5:30 p.m. at station 78 in Covington. Thomas indicated that Council President Boyce has been elected at the chair of the board. A. Chief Administrative Officer Report 6. PUBLIC HEARING A. Transit Operations and Maintenance Facilities Interim Zoning Ordinance – Public Hearing Mayor Ralph opened the Public Hearing. Long-Range Planning Manager, Hayley Bonsteel provided a brief overview of the interim zoning ordinance, including: • Knowing light rail was coming, the City invested significant resources in a robust visioning exercise, the Midway Subarea Plan. The Plan welcomed light rail, planned for its success, and provided a framework for future decision-making, based on extensive community engagement. • The Midway goal was to “create a dense, pedestrian-friendly, sustainable community that provides jobs, housing, services and public open space around nodes of high-capacity transit while maintaining auto-oriented uses between transit-oriented nodes.” The City envisioned a well- designed built environment, including pedestrian-friendly streetscapes, multimodal connections and a variety of housing types and jobs that support transit use. • There was a distinction between North of 245th and South of 245th - transit-oriented community to the north (high intensity transit supportive mixed use with a residential focus and strong pedestrian orientation with no single use, big box industrial or auto dependent uses) and highway commercial corridor to the south (wide range of community, citywide or regional commercial and light industrial uses that are primarily vehicle dependent). • New zones purpose - MCR and MTCs - dense and varied retail, office and residential, with a pedestrian orientation. • Existing use category of “transit facilities” was obviously permitted in the new zones, as they were all about attracting light rail. Did not differentiate between different types of transit or transit-supportive 8.A.2 Packet Pg. 17 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 5 of 14 facilities. An operations and maintenance facility, which has very different characteristics from light rail stations (30 acres, active at night, not oriented towards passengers, not beneficial for pedestrians, doesn’t attract interest or activity, is more similar to outdoor storage of trucks, heavy equipment, contractor storage yards than it is to a light rail station). • Those kinds of outdoor storage of trucks and related uses are not permitted in MCR/MTCs, as one might expect. But they are permitted in CM2. CM2’s purpose is to provide are for a combination of retail, small scale light industrial, heavy commercial, wholesale, advanced manufacturing-the appropriate choice for an operations and maintenance facility. • The ordinance passed by Council on January 15, 2019 defines both types of transit facilities to differentiate them, and zones operations and maintenance facilities to be allowed in CM2 and not in other zones. • Tonight’s public hearing is intended to gather comments on the action Council took last meeting, January 15, 2019, and will be helpful as we move forward in the process with Sound Transit. • Staff will be working on a permanent zoning code change along the lines of the interim zoning ordinance and that will have another public hearing. Public Comments: Jasmine Donovan, a resident of Seattle, Executive Vice President and CFO at Dick’s Drive-in Restaurants. Donovan is the granddaughter of Dick Spady. Donovan thanked the Kent City Council for actions taken to protect the community’s long planned vision for the transformation of the West Hill of Kent. The timely and necessary emergency zoning ordinance simultaneously protects those who have already invested in the West Hill in anticipation of its future transit-oriented development and opens the door for Sound Transit to build its Operations and Maintenance Facility on a much more suitable piece of property. The City of Kent has worked diligently to prepare the West Hill for new light rail station. The Midway Subarea Plan, adopted in 2011, outlines the community’s desire for Transit Oriented Development clearly. When we were scouting potential sites to build the first Dick’s Drive-In south of Seattle, this clear plan and potential for redevelopment as well as proximity to the new light rail station were big positives for us. Because of this clearly-outlined plan, we knew this area was only going to become more vibrant, populated and more easily accessible by all forms of transportation. We made investments in the property we wouldn’t have made elsewhere to make it more accessible to pedestrians. We made investments in our surplus property as we were certain the right buyer could be found to bring even more jobs and services to the Midway Shopping Center. We couldn’t have been more shocked when we learned in November that Sound Transit intended to ignore the clear, undisputed desire of the community for uses such as “retail, office, education, research, medical and residential,” as outlined in the Midway Subarea Plan. Instead, Sound Transit 8.A.2 Packet Pg. 18 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 6 of 14 wants to place a 30-acre operation and maintenance facility on the 10-year- old shopping center we had just joined. Although the need for such a facility somewhere in the South Sound is clear, even considering placing this industrial facility in the middle of Transit Oriented Development is baffling. Particularly when land owned by Seattle Public Utilities, available to Sound Transit effectively for free, is available not far to the south. The City of Kent must help Sound Transit properly weigh ALL the costs of destroying this thriving and improving community around the new light rail station at Highline College. Allowing a massive night shift industrial facility to be built on the Midway Shopping center ruins the vision of a west Kent community that is a great place to live, work and play, with affordable housing, and jobs. We applaud the rapid and decisive action by the City Council to make it clear to Sound Transit that the operations and maintenance facility-South is more than welcome in the City of Kent when it is built in the right location: The Midway Landfill. Mel Roberts, a Kent resident spoke in support of the ordinance and submitted his written comments for the record. Tim Brown, a Kent resident spoke in support of the ordinance. Brown thanked the Mayor and Council for clarifying the intentions of the area and making it clear that there are better properties more suitable to an operations and maintenance facility. Matthew Renner, a Des Moines resident expressed appreciation of the Council and spoke in support of the ordinance. Renner thanked the Mayor and Council for standing up to Sound Transit and indicated that the proposed site is not the right place for the operations and maintenance facility. The region has indicated they don't want the facility in the proposed location. Renner supports the Council and Mayor and asked everyone to inform the Sound Transit Board that we don't want the facility in this location. Tim Clark spoke in support of ordinance and provided comments regarding the original planning of the Midway Subarea Plan that was intended for transit-oriented development. Clark is a former Kent City Council member of 16 years. Clark was an advocate of Growth Management Plan allowing the City to plan for the future. Michael Scuderi spoke in support of the zoning ordinance. Scuderi presented his written comments for the record. Ryan Crompten, a Des Moines resident lives close to the transit facility and spoke in support of zoning ordinance. Ranita Hillis spoke in support of the zoning ordinance and in opposition to Sound Transit placing the operations and maintenance facility on the Dick's and Lowe's sites. Hillis provided comments on how Dick's positively impacts the community. Fincher expressed appreciation of everyone that provided comments during the public hearing. Fincher advised that the City did not envision placing a maintenance and operations facility in the transit-oriented area and she is looking forward to the revitalization of the area. Fincher advised that the Midway landfill location is a better location for the facility. 8.A.2 Packet Pg. 19 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 7 of 14 Higgins expressed appreciation of everyone that spoke during the public hearing. Higgins indicated that former councilmember Tim Clark correctly conveyed the lengthy process the communities of Kent and Des Moines went through to determine what they wanted in the area of the light rail station. Council envisioned a transit-oriented development, a dense, walkable area of neighborhoods full of businesses and homes and multiple uses with quick and ready access to the new light rail station. Higgins was deeply offended that any business that wishes to overturn the will of the Council. Higgins indicated there is a perfect location for an operations and maintenance facility immediately to the south and available for free to Sound Transit and it has access to federal programs to assist in the redevelopment of the Brownfield. Higgins requested Sound Transit take the site off the list - today. Higgins advised that he has spoken with transit advocates from around the region that indicated other cities have contributed to some Sound Transit- related improvements - Bellevue paid for a tunnel. Higgins indicated Bellevue has three times the revenues of Kent and Kent does not have the budget of Bellevue to pay for improvements. Higgins indicated that if we are talking about equity and social justice, he wants Sound Transit to know that it is not equitable to do this to Kent. Boyce expressed appreciation of everyone that provided comments during the public hearing. Boyce conveyed that the Council, Mayor and leadership team is unified and will fight tooth and nail to ensure this property is not affected. Boyce strongly believes that we can convince Sound Transit that this site is not the right spot for the operations and maintenance facility and that the landfill is. Boyce advised that there is a plan to meet with Sound Transit to show why the landfill is a better site for them. Boyce urged everyone to reach out to the Sound Transit board to let them know they oppose the proposed site of the facility. Mayor Ralph expressed her appreciation of the Council and read a statement for the record. The City's concerns about the siting the Sound Transit Operations and Maintenance Facility center and the City's ability to implement the Vision set forth nearly a decade ago are what we are talking about here. The Plan welcomed link rail to the West Hill, we are not talking about, at all, not wanting light rail, I think we are all excited about that and we have heard that from the residents of West Hill how important this is. It is important to note that the proposed operations and maintenance facility and the Federal Way Link Extension are separate projects. There has been some confusion about the City of Kent not wanted light rail, none of that is true. What we are talking about is the action that Council has taken and the comments regarding the siting of the operations and maintenance facility. The Federal Way Link Extension will be constructed beginning next year, and includes a station on 30th Avenue South just north of South 240th Street. The 8.A.2 Packet Pg. 20 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 8 of 14 operations and maintenance facility, as Sound Transit continues to remind us, is in the very early planning stages. Many regional plans support the type of forward-thinking, transit-oriented planning done as part of the Midway Subarea Plan. Transportation 2040, which is our regional transportation plan adopted by the Puget Sound Regional Council, encourages jurisdictions to conduct comprehensive sub- area planning for high-capacity transit station areas. King County's Countywide Planning Policies guide cities to develop station area plans for high-capacity transit stations “reflecting the unique characteristics and local vision for each station area including transit supportive land uses.” That's what our Envision Midway Plan does. Kent has shown the region that we care about creating implementable, community-driven visioning to make the most out of the significant transit investment that Sound Transit light rail station represents. We crafted our zoning and design guidelines to maximize the benefits of transit, including dense housing in close proximity to the station so that as many people as possible can access regional transit. The commitment to the Plan shown by the City and region provide a clear picture of the future of Midway as a dense, pedestrian-friendly community - a picture that property owners and developers can count on. You heard Jasmine Donovan speak about that tonight that one of their reasons in siting where they did was the plan that the City had laid out for the Vision for that Midway area. The City followed the lead of nationwide best practices in prioritizing compact, transit-supportive uses around the station - including jobs, housing, services and public open space. It's not necessarily about the businesses, it's about the gathering places. Dick's Drive-in, no matter what time you are there, there are people there. Siting a 30+ acre operations and maintenance facility less than 800 feet from the future light rail station would be devastating and totally contradictory to this nationally recognized planning approach that the City of Kent has followed as we adopted this plan over the last 15-20 years. If the operation and maintenance facility is constructed on the Dick’s Drive-in/Lowes site, the ability to implement the vision would be severely impacted. I think it's fair to say it would be brought to a screeching halt. An operations and maintenance facility in this location is not consistent with Sound Transit’s own Transit- oriented development policy adopted in April of 2018; specifically, the following goals: • Support implementation of state, regional and local growth plans, policies and strategies - These are not being followed • Encourage a creation of housing options near transit - This is weakened by siting the facility at the proposed site • Encourage convenient, safe multi-model access to the transit system, with an emphasis on non-motorized access It’s important to note that this is not a case of “not in my backyard.” The immediate area surrounding the station has some of the greatest transit- oriented development potential in all of South King County, making this site unique. There are five other alternatives under consideration for the 8.A.2 Packet Pg. 21 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 9 of 14 operations and maintenance facility site, including two additional sites in Kent. There are two potential projects on the landfill site. Of all the potential sites that have been listed to be potentially studied, the Lowe's and Dick's is unique and has the most potential for that transit-oriented development that is important to our community. It has been said by Sound Transit that cities do not welcome operations and maintenance facilities with open arms. As I have indicated previously, Kent welcomes the opportunity with open arms, we want to work with Sound Transit on the analysis of the landfill site to find out what it will take to build it there, this is us saying - how can we partner together with Seattle Public Utilities, who owns that property, and the surrounding communities to come together for a win-win solution. It's really more of an issue with land compatibility with high capacity transit and consistency with the Kent’s adopted land use plans. With light rail construction starting next year, Kent has an opportunity to help support the increased population that is coming to this region. We are growing leaps and bounds and I know everybody in this room feels that growth every single day. It is imperative to think long-term and make wise land use decisions that support this goal. An operations and maintenance facility within 800 feet of a light rail station is short-sighted and inhibits the ability of the City, property owners and developers to realize a community in line with this goal. An operations and maintenance facility on the property where Dick’s Drive-in, Lowes, Dominos, the nail shop, the tea shop and where Starbucks is located does not fit for the City's vision for the West Hill. We will continue as a City to work with Sound Transit collaboratively, we have multiple projects happening - a new parking garage coming to downtown and a light rail project on the West Hill - we want to work together. I am committed to meeting with Sound Transit and I have an agreement with Peter Rogoff that we will speak on an at least monthly basis, and our staff will be speaking every two weeks as we go through this process. You heard Councilmember Higgins say it and I will say it again, our ask of Sound Transit is that this location be removed from the list for consideration. We are also committed to working hand in hand with Sound Transit and Seattle Public Utilities on the analysis of the landfill site or any other sites they want to consider. The requirement for an environmental study is that there be two or more locations, we can remove this site from the list and still meet those requirements. This is now in the hands of Sound Transit and the City Council has made it clear what is an appropriate use for that facility. Mayor Ralph encouraged everyone to reach out to Sound Transit Board members. Sound Transit has been very open. It is the City of Kent's intent to provide them with all the data and facts that they need to be able to make this decision and do the right thing and take this property off the list for consideration. B. Move to make the written comments presented as part of the record. 8.A.2 Packet Pg. 22 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 10 of 14 RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher C. Move to close the public hearing. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher 7. PUBLIC COMMENT Camillo Massagli, a Kent resident spoke regarding homelessness. 8. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher A. Approval of Minutes 1. Move to approve the minutes of the January 15, 2019, workshop and regular City Council meeting. 2. Council Workshop - Workshop Regular Meeting - Jan 15, 2019 5:00 PM 3. City Council Meeting - City Council Regular Meeting - Jan 15, 2019 7:00 PM B. Payment of Bills - Approve MOTION: Approve the payment of bills received through 11/30/18 and paid on 11/30/18, bills received through 12/15/18 and paid on 12/15/18, bills received through 12/31/18 and paid on 12/31/18, and approve the checks issued for payroll 11/16/18 - 11/30/18 and paid on 12/5/18, checks issued for payroll 12/1/18-12/15/18 and paid on 12/20/18, and checks issued for payroll 12/16/18-12/31/18 and paid on 1/4/19, and audited by the Operations Committee on 1/15/19. C. Ordinance Granting a Small Cell Franchise to New Cingular Wireless (AT&T) - Adopt 8.A.2 Packet Pg. 23 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 11 of 14 MOTION: Adopt Ordinance No. 4306, establishing a 5-year franchise agreement with Cingular Wireless PCS, LLC. subject to final terms and conditions acceptable to the City Attorney. D. Second Amendment to Agreement for Indigent Defense Services with Stewart, MacNichols, Harmell, Inc. P.S. – Authorize MOTION: Authorize the Mayor approve and ratify the execution of the Second Amendment to the Agreement for Indigent Defense Services between the City of Kent and Stewart, MacNichols, Harmell, Inc, P.S, that authorizes the Agreement’s extension for two additional one-year terms for a revised maximum term through December 31, 2020, subject to all terms provided for in the Second Amendment. E. Appointments to Kent Arts Commission – Confirm MOTION: Confirm the Mayor’s appointment of Campbell Kristenson to the Kent Arts Commission for a four-year term and the appointment of Sherelle Owens as an alternate. F. Appointments to the Human Services Commission - Confirm MOTION: Confirm Mayor Ralph’s reappointment of Zenovia Harris and Gina Bellisario to additional three-year terms along with appointment of Selamavit Demissie to the Commission for a three-year term ending 12/31/2022. Connie Stolpp will be appointed as an alternate for a two-year term ending 12/31/2021. G. Ordinance Granting Comcast Cable Communications Management, LLC, a Ten-Year Franchise - Introduce H. Consolidating Budget Adjustment Ordinance for Adjustments between 12/1/18 and 12/30/18 - Adopt MOTION: Adopt Ordinance No. 4307, for adjustments made between December 1, 2018 and December 30, 2018, reflecting an overall budget increase of $820,500. I. Public Works Agreement with Greenshield Systems for Service Club Ballfields - Authorize MOTION: Authorize the Mayor to sign a Public Works Agreement with Greenshield Systems in the amount of $131,465.40 for drainage improvements on three fields at Service Club Ballfields Park, subject to final terms and conditions acceptable to the Parks Director and City Attorney. J. Ordinance Repealing Ordinance No. 4302 and Dedicating Public Right-of-way at Morrill Meadows Park and SE 248th Street - Adopt 8.A.2 Packet Pg. 24 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 12 of 14 MOTION: Adopt Ordinance No.4308, that repeals Ordinance No. 4302 and the right-of-way dedications made therein; dedicates through this new ordinance the south 12 feet of a portion of Morrill Meadows Park that abuts SE 248th Street as right-of-way; authorizes the Mayor to sign all documents necessary to finalize and define the right-of-way dedication; and directs the City Clerk to record a copy of the adopted ordinance. K. Agreement with LifeWise Assurance Company for Stop Loss Insurance– Authorize MOTION: Authorize the Mayor to approve renewal of the City’s contract for stop loss insurance with LifeWise Assurance Company for one year, subject to approval of final terms and conditions by the Human Resources Director and the City Attorney. L. Accept the South 212th Way Overlay Project as Complete - Authorize MOTION: Authorize the Mayor to accept the South 212th Way Overlay Project as complete and release retainage to Tucci and Sons, Inc. upon receipt of standard releases from the state and the release of any liens. M. Accept the 108th Avenue SE (SR 515) and SE 208th Street Intersection Improvements Project as Complete - Authorize MOTION: Authorize the Mayor to accept the 108th Avenue SE (SR 515) and SE 208th Street Intersection Improvements Project as complete and release retainage to Road Construction Northwest, upon receipt of standard releases from the state and the release of any liens. N. Accept the 640 Pressure Zone Pressure Reducing Valve North Project as Complete - Authorize MOTION: Authorize the Mayor to accept the 640 Pressure Zone Pressure Reducing Valve North Project as complete and release retainage to Northwest Cascade, Inc. upon receipt of standard releases from the state and the release of any liens. O. 2018 Fourth Quarter Fee-in-Lieu Funds - Authorize MOTION: Authorize the Mayor to accept $6,525 of fee-in-lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Meridian Glen Park, subject to terms and conditions acceptable to the Parks Director and City Attorney. 8.A.2 Packet Pg. 25 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 13 of 14 P. Construction Agreement with Polygon Northwest for The Ridge Townhome Development - Authorize MOTION: Authorize the Mayor to sign the Construction and Reimbursement Agreement with Polygon Northwest to complete water and sanitary sewer improvements along 88th Avenue South for The Ridge Townhome development as part of the South 224th Street Improvements - Phase II project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 9. OTHER BUSINESS A. Purchase and Sale Agreement for the Willis-Naden Access Improvements Project #15-3015 - Authorize Chief Economic Development Officer, Bill Ellis provided details regarding the Puget Sound Energy parcel that is necessary in order to get the right-in, right-out for the Naden parcel. There is an agreement on the $200,000 purchase price, but negotiations continue on the terms of the Purchase and Sale Agreement related to environmental liability. MOTION: Authorize the Mayor to sign all necessary documents to complete the City’s purchase of property from Puget Sound Energy for purposes of access improvements for the Willis- Naden property, subject to final terms and conditions acceptable to the City Attorney and the Economic and Community Development Director. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher 10. BIDS A. LID 363 South 224th Street Project - 88th Avenue South/South 218th Street Improvements - South 222nd Street to 94th Place South Bid - Award Public Works Director, Tim LaPorte provided details regarding the LID 363 South 224th Street Project 88th Avenue South/South 218th Street Improvements Project. MOTION: Award the LID 363 South 224th Street Project to Scarsella Brothers, Inc. in the amount of $8,423,307.67 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 8.A.2 Packet Pg. 26 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes February 5, 2019 Kent, Washington Page 14 of 14 RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Boyce, Troutner, Larimer, Kaur, Higgins, Thomas, Fincher 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Per RCW 42.30.110(1)(g) - Personnel At 8:33 pm. the Council went into executive session. At 8:54 the Council convened into regular session 12. ADJOURNMENT With no action following Executive Session, Mayor Ralph adjourned the meeting. Meeting ended at 8:55 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 27 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 5 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) DATE: February 19, 2019 TO: Kent City Council SUBJECT: Payment of Bills - Approve MOTION: Move to approve the payment of bills received through 1/15/19 and paid on 1/15/19 and approve the checks issued for payroll 1/1/19 - 1/15/19 and paid on 1/18/19 audited by the Operations Committee on 2/5/19. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Approval of Check Summary (PDF) 8.B Packet Pg. 28 3B APPROVAL OF BILLS. ---------------------------------- Audited by the Operations Committee on -- 2/5/2019 *Approval of payment of the bills received through-----01/15/19 and paid 01/15/19 Approval of checks issued for Vouchers: Date Amount 01/15/19 Wire Transfers 7762 7780 $2,097,939.54 01/15/19 Regular Checks 731281 731555 $2,190,096.11 01/15/19 Payment +101217 101234 $117,403.05 Void Checks ($7,898.13) 01/15/19 Use Tax Payable $2,669.16 $4,400,209.73 Approval of checks issued for Payroll:1/1/19-1/15/19 and paid 1/18/2019 Date Amount 1/18/2019 Checks Voids and Reissues 1/18/2019 Advices 422583 423445 $2,121,605.28 $2,121,605.28 Document Numbers Document Numbers CPittman 2/7/20192:54 PM CLK020719.xls 8.B.a Packet Pg. 29 At t a c h m e n t : A p p r o v a l o f C h e c k S u m m a r y ( 1 5 9 9 : P a y m e n t o f B i l l s - A p p r o v e ) DATE: February 19, 2019 TO: Kent City Council SUBJECT: Agreement with Vitality Group, LLC, for City's Wellness Program - Authorize MOTION: Authorize the Mayor to sign a contract with The Vitality Group, LLC, to provide a wellness platform and wellness program for an initial term of 3 years with the option to renew automatically for a successive period of 1 year, subject to approval of final terms and conditions by the Human Resources Director and the City Attorney. SUMMARY: Employee health and well-being continues to be a priority for the City as we head into 2019. Working with a wellness platform that offers a solid plan design and meets the functionality needs of our employees is critical for our Wellness Program. Starting in August 2018, members of the Wellness Committee, the Human Resources team and our benefits broker have partnered in the wellness vendor selection process. They have reviewed demonstrations, analyzed feedback from employee focus groups and participated in finalist presentations. The four finalists were Optum, WellRight, Bravo and Vitality. Based on the demonstrations and references received, Vitality was selected by the review committee as the most qualified vendor to meet our needs. BUDGET IMPACT: The Vitality Group, LLC - $174,285 for a three-year contract. The cost of the Wellness program is budgeted in the Health & Wellness fund. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Vitality Benefits and Rates Proposal 2019_2021 (PDF) 2. Vendor Compare Slide (PDF) 02/05/19 Operations Committee RECOMMENDED TO COUNCIL 8.C Packet Pg. 30 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: Dennis Higgins, Councilmember AYES: Les Thomas, Bill Boyce, Dennis Higgins 8.C Packet Pg. 31 WELLNESS BENEFITS & RATES Eligible Count Vitality Company Name City of Kent Contract Duration 3 years 2019-2021 Annual increase , if applicable Eligibility All medical eligible employees 675 Annual Fees One-Time Implementation Fee $4,500 Renewal Fees NA Biometric Data Upload Fees $2,000/feed Base Monthly Fee PEPM1 All eligible employees 675 $4.85 Include spouses $0.60 Monthly Minumums, if applicable Base Program Features Web portal (includes health assessment)Included Incentive tracking Included Employer reporting Included Communications Included Health Challenges Included Account Management support Included Biometric Screening2 per participant Onsite Biometrics (Estimated at 40% of total = 270)$53.00 $14,310.00 Estimated Annual Base Program Fees $43,785.00 Estimated Annual Biometric Screening Fees $14,310.00 Estimated Combined Annual Fees $58,095.00 1 Annual costs are estimates and may not include optional incentives and/or specialized services. 2 For screenings, 40% employee participation assumption based on 2018 Viverae report. Optional Services and Fees Activity Monitor Integration Included Physician form upload $3 per form Travel - Onsite Meetings Included © 2017 Alliant Insurance Services, Inc. All rights reserved.5 8.C.a Packet Pg. 32 At t a c h m e n t : V i t a l i t y B e n e f i t s a n d R a t e s P r o p o s a l 2 0 1 9 _ 2 0 2 1 ( 1 5 7 9 : A g r e e m e n t w i t h V i t a l i t y G r o u p , L L C , f o r C i t y ' s W e l l n e s s P r o g r a m - Vendor Finalist Review 1 Personalized Program & Customization User-Experience & Technology Privacy & Confidentiality Strategy Plan Design & Ongoing Engagement Strategy Incentives & Rewards Leadership Engagement Strategy Account Management & Customer Service Other Concerns •Self-reporting •Cost •Not many device options •Mobile application concerns •Different portal for physical activity •Too many clicks makes portal confusing to navigate •Challenges feels childish •Self-reporting •Information overload 8.C.b Packet Pg. 33 At t a c h m e n t : V e n d o r C o m p a r e S l i d e ( 1 5 7 9 : A g r e e m e n t w i t h V i t a l i t y G r o u p , L L C , f o r C i t y ' s DATE: February 19, 2019 TO: Kent City Council SUBJECT: Agreement with Barokas Communications for Public/Media Relations and Marketing to Promote the Kent Valley - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Barokas Communications to provide public/media relations and marketing services to promote the Kent Valley as a business destination , subject to terms and conditions acceptable to the Economic and Community Development Director and City Attorney. SUMMARY: To promote the Kent Valley, not only as a business destination, but as a center of aero and outer space innovation, Barokas Communications will leverage business news stories originating in the Kent Valley to pitch business, trade, and travel media to further Kent’s economic interests. Promotion of business stories and City initiatives to regional and national media outlets will help attract direct investment and grow the economy, while also encouraging more business travelers and spending in Kent. Recruitment of businesses or local industry-related events, in addition to driving more business travel into Kent, (to visit either real estate or other Kent firms) is a planned outcome of the scope of work with Barokas Communications. Barokas Communications is an award-winning, and well-known firm in the region and represents clients such as the Washington Technology Industrial Association and TechStars along with several “new space” commercial outer space manufacturers. Their expertise in both the aerospace and outer space sectors makes Barokas Communications (based in Seattle) best-positioned with the appropriate expertise, industry acumen, and stakeholder and media relationships to help the City achieve its goals. Furthermore, Barokas’ experience representing clients such as Apprenti, that promote career-connected learning and apprenticeships is uniquely relevant to the City’s Economic Development strategies around the promotion of STEM and recent investments in advanced manufacturing apprenticeship programs. BUDGET IMPACT: 8.D Packet Pg. 34 $75,000 Lodging Tax Account $25,000 Rally the Valley – General Fund SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Innovative Government, Sustainable Services ATTACHMENTS: 1. Consultant Services Agreement with Barokas (PDF) 2. City of Kent Timeline (PDF) 8.D Packet Pg. 35 Barokas Communication - 1 Kent/Aerospace PR Campaign CONSULTANT SERVICES AGREEMENT between the City of Kent and Barokas Public Relations LLC d/b/a Barokas Communications THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Barokas Public Relations LLC organized under the laws of the State of Washington, located and doing business at 1012 1st Ave, Floor 6, Seattle, WA 98104, 206-264-8220 (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: Scope of Work detailed in Exhibit A 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 within 1 year (365 days) after signing of this contract. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Thousand Dollars and 00/100 ($100,000), 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. 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. 8.D.a Packet Pg. 36 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d Barokas Communication - 2 Kent/Aerospace PR Campaign 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. 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 duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation 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. 8.D.a Packet Pg. 37 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d Barokas Communication - 3 Kent/Aerospace PR Campaign 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. 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. 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 8.D.a Packet Pg. 38 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d Barokas Communication - 4 Kent/Aerospace PR Campaign 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. 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. 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. City of Kent Business License attached as Exhibit C. K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. (Remainder of page left blank intentionally) 8.D.a Packet Pg. 39 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d Barokas Communication - 1 Kent/Aerospace PR Campaign IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Karli Barokas Its C.E.O. (title) Date: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor Date: NOTICES TO BE SENT TO: CONSULTANT: Karli Barokas Barokas Communications 1012 1st Ave, Fl 6 Seattle, WA 98104 206-264-8220 (telephone) NOTICES TO BE SENT TO: CITY OF KENT: Michelle Wilmot City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5709 (telephone) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk 2/13/2019 8.D.a Packet Pg. 40 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d Barokas Communication EEO Compliance Documents - 1 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: _____________________________________________ 2/13/2019 CEO Barokas Communications 8.D.a Packet Pg. 41 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d Barokas Communication EEO Compliance Documents - 2 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. 8.D.a Packet Pg. 42 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d Barokas Communication EEO Compliance Documents - 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: _____________________________________________ 8.D.a Packet Pg. 43 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d Barokas Communication Exhibit A - 1 EXHIBIT A Scope of Work 8.D.a Packet Pg. 44 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d SCOPE OF WORK $8,000 PER MONTH SERVICE DESCRIPTION QUARTERLY DELIVERABLE PLANNING Develop communication plan inclusive of rich history of Kent’s aerospace innovation, and focus on content that establishes the region. Meet with partners to consult on strategy and execution of PR and messaging. Quarterly communications plan MEDIA RELATIONS Maintain steady cadence of proactive and response media outreach to local, national and industry to garner coverage. Draft and distribute one press release to announce the branding of Kent Space Valley Vet editorial opportunities for participation. Build valued relationships with reporters to continue lifecycle of coverage. 2-3 proactive media campaigns (per quarter). Unlimited response outreach. 1 press release Unlimited delivery of prep materials and staffing of media briefings. SOCIAL MEDIA SCAVENGER HUNT* Develop social media scavenger hunt which includes clues, Tweets, media alert and pitching to drive interest and involvement 1 social media scavenger hunt WEBSITE MANAGEMENT Working with third-party resource The Medium, manage the website re- launch. 1 website launch REPORTING Bi-weekly account team syncs; quarterly media coverage recaps to include media placements, number of impressions and social shares. N/A * Month where scavenger hunt is executed will be billed at $12,000 8.D.a Packet Pg. 45 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h Barokas Communication Exhibit B - 1 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 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. 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. 2. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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, $4,000,000 general aggregate. 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 A:VII. 8.D.a Packet Pg. 46 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d Barokas Communication Exhibit B - 2 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. 8.D.a Packet Pg. 47 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) INSURER(S) AFFORDING COVERAGE NAIC # PRODUCER INSURED INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : COVERAGES TYPE OF INSURANCE POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: LOCPOLICY OTHER: EACH OCCURRENCE MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ $ $ $ $ AUTOMOBILE LIABILITY ANY AUTO $ $ $ $ OCCUR CLAIMS-MADE DED RETENTION $ EACH OCCURRENCE AGGREGATE E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION $ $ $ $ $ Y/N CONTACT NAME: PHONE (A/C, No, Ext): E-MAIL ADDRESS: FAX (A/C, No): CERTIFICATE NUMBER:REVISION NUMBER: $ UMBRELLA LIAB EXCESS LIAB AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD $ INSURER F : $ N/A SCHEDULED AUTOS NON-OWNED AUTOS ONLY OWNED AUTOS ONLY HIRED AUTOS ONLY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDL INSD POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) PRO- JECT DAMAGE TO RENTED PREMISES (Ea occurrence) COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below PER STATUTE OTH- ER SUBR WVD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 01/31/2019 BGI AGENCY NETWORK INC 10829 NE 68TH ST STE 202 KIRKLAND, WA 98033 (888) 661-3938 (888) 661-3938 (877) 872-7604 service.center@travelers.com BAROKAS PUBLIC RELATIONS LLC 1012 1ST AVE FL 6 SEATTLE, WA 98104 THE TRAVELERS INDEMNITY COMPANY THE TRAVELERS INDEMNITY COMPANY OF AMERICA 449382927330130 B X X X HIRED AUTO X NON OWNED AUTO X X 680-6491H158-18 10/06/2018 10/06/2019 2,000,000 300,000 5,000 2,000,000 4,000,000 4,000,000 A X X X 5,000 CUP-3H602214-18 10/06/2018 10/06/2019 1,000,000 1,000,000 A UB-1J560009-18 06/24/2018 06/24/2019 X 1,000,000 1,000,000 1,000,000 B EMPLOYERS OVERHEAD LIABILITY (STOP 680-6491H158-18 10/06/2018 10/06/2019 $1,000,000 AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAL INSURED - OWNERS/LESSEES/CONTR CG D1 05 BUT ONLY AS RESPECTS TO WORK PERFORMED BY THE INSURED. THE CITY OF KENT 220 4TH AVE. S, KENT KENT, WA 98032 8.D.a Packet Pg. 48 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d Barokas Communication Exhibit C - 1 EXHIBIT C City of Kent Business License 8.D.a Packet Pg. 49 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h B a r o k a s ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d ÞßÎÑÕßÍòÝÑÓ Í»¿¬¬´»ô Éß ı Ü»²ª»®ô ÝÑ ñ îðêóîêìóèîîð ñ ¸»´´±à¾¿®±µ¿-ò½±³ 8.D.b Packet Pg. 50 At t a c h m e n t : C i t y o f K e n t T i m e l i n e ( 1 6 0 7 : A g r e e m e n t w i t h B a r o k a s C o m m u n i c a t i o n s f o r P u b l i c / M e d i a R e l a t i o n s a n d M a r k e t i n g - A u t h o r i z e ) DATE: February 19, 2019 TO: Kent City Council SUBJECT: Resolution Certifying the Panther Lake Annexation Sales Tax Credit - Adopt MOTION: Adopt Resolution No. , certifying the Panther Lake annexation sales tax credit of $6,051,710 for the period July 1, 2019 through June 30, 2020. SUMMARY: The City is required to certify to the State of Washington before March 1st of each year, the amount needed from the annexation sales tax credit to provide services in the annexed area. The Finance Department has calculated estimated costs and revenues within the Panther Lake annexation area and has determined a gap between revenues generated and expenditures used to provide services of $6,051,710 for July 1, 2019 through June 30, 2020. This certification period is the final year the City will receive the annexation sales tax credit, which expires June 30, 2020. BUDGET IMPACT: Estimated costs for the Panther Lake annexation area for the State’s fiscal year 2019 is anticipated to be $15,710,990 in expenditures to provide City services to those residents, while we anticipate revenues of $9,659,280 from property taxes, sales taxes and other sources. The net of the revenues and costs produces a deficit of $6,051,710, which is the amount being certified as the amount of annexation sales tax credit we are requesting from the State. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Annexation Sales Tax Threshold 2019 - Resolution (PDF) 02/05/19 Operations Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: Dennis Higgins, Councilmember AYES: Les Thomas, Bill Boyce, Dennis Higgins 8.E Packet Pg. 51 1 Tax Credit Threshold Panther Lake Annexation RESOLUTION NO. 1978 A RESOLUTION of the City Council of the City of Kent, Washington, determining a new threshold amount for the sales and use tax authorized by RCW 82.14.415 and codified in Chapter 3.27 of the Kent City Code, relating to the cost of providing municipal services to the Panther Lake Annexation Area for the 2019 fiscal year, and authorizing the Finance Director to certify the threshold amount to the Washington State Department of Revenue. RECITALS A. RCW 82.14.415 authorizes the City to impose a sales and use tax as a credit against state retail sales and use taxes collected under Chapters 82.08 and 82.12 RCW to assist the City in providing municipal services to newly annexed areas. B. After providing all appropriate notice and following appropriate procedure, and following a favorable vote on the annexation proposition, the Kent City Council adopted Ordinance No. 3936 on December 8, 2009, approving the Panther Lake Annexation Area effective July 1, 2010. The population within the annexation area determined at the time of annexation was 25,458 people. 8.E.a Packet Pg. 52 At t a c h m e n t : A n n e x a t i o n S a l e s T a x T h r e s h o l d 2 0 1 9 - R e s o l u t i o n ( 1 5 8 1 : R e s o l u t i o n C e r t i f y i n g t h e P a n t h e r L a k e A n n e x a t i o n S a l e s T a x C r e d i t - 2 Tax Credit Threshold Panther Lake Annexation C. On February 16, 2010, the City Council passed Ordinance No. 3947, creating Chapter 3.27 of the Kent City Code and imposing the sales and use tax at the rate of 0.2 percent. D. On February 15, 2011, the City Council adopted Resolution No. 1839 confirming the tax rate at 0.2 percent and authorizing the finance director to certify the threshold amount for the 2011 fiscal year. E. On February 7, 2012, through Resolution No. 1853, the City Council adopted a new threshold amount for the 2012 fiscal year and authorized the finance director to certify the same. F. On February 19, 2013, through Resolution No. 1871, the City Council adopted a new threshold amount for the 2013 fiscal year and authorized the finance director to certify the same. G. On February 4, 2014, through Resolution No. 1881, the City Council adopted a new threshold amount for the 2014 fiscal year and authorized the finance director to certify the same. H. On February 17, 2015, through Resolution No. 1904, the City Council adopted a new threshold amount for the 2015 fiscal year and authorized the finance director to certify the same. I. On February 16, 2016, through Resolution No. 1920, the City Council adopted a new threshold amount for the 2016 fiscal year and authorized the finance director to certify the same. J. On February 21, 2017, through Resolution No. 1940, the City Council adopted a new threshold amount for the 2017 fiscal year and authorized the finance director to certify the same. 8.E.a Packet Pg. 53 At t a c h m e n t : A n n e x a t i o n S a l e s T a x T h r e s h o l d 2 0 1 9 - R e s o l u t i o n ( 1 5 8 1 : R e s o l u t i o n C e r t i f y i n g t h e P a n t h e r L a k e A n n e x a t i o n S a l e s T a x C r e d i t - 3 Tax Credit Threshold Panther Lake Annexation K. On February 20, 2018, through Resolution No. 1958, the City Council adopted a new threshold amount for the 2018 fiscal year and authorized the finance director to certify the same. L. With this Resolution, the City authorizes the imposition of similar annexation sales and use taxes for the 2019 fiscal year, which is the final year the City is able to impose this tax. M. The City Council of the City of Kent, Washington, finds and determines that the projected cost to provide municipal services to the Panther Lake Annexation Area for the 2018 fiscal year will be at least $15,710,990, and that this cost exceeds the projected general revenue that the City would otherwise receive from the annexation during the 2019 fiscal year, which is estimated to be $9,659,280. N. Pursuant to RCW 82.14.415, the City of Kent is authorized, under the circumstances of this annexation, to impose a sales and use tax for the 2019 fiscal year, which shall be collected by the State department of revenue from those persons who are taxable by the state under Chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the City. O. The rate of tax imposed shall be 0.2 percent, and shall be in addition to other taxes authorized by law, and the threshold amount for the 2019 fiscal year is $6,051,710. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 8.E.a Packet Pg. 54 At t a c h m e n t : A n n e x a t i o n S a l e s T a x T h r e s h o l d 2 0 1 9 - R e s o l u t i o n ( 1 5 8 1 : R e s o l u t i o n C e r t i f y i n g t h e P a n t h e r L a k e A n n e x a t i o n S a l e s T a x C r e d i t - 4 Tax Credit Threshold Panther Lake Annexation RESOLUTION SECTION 1. – Rate and Threshold Amount. The Kent City Council determines that the threshold amount for the City’s projected net cost in providing municipal services to the Panther Lake Annexation Area for the 2019 fiscal year is $6,051,710. The City Council previously imposed a sales and use tax at the rate of 0.2 percent, with the passage of Ordinance No. 3947 on February 16, 2010. SECTION 2. – Implementation and certification. The Mayor of the City of Kent is authorized to implement administrative procedures as may be necessary to carry out the provisions of this resolution. The City’s Finance Director is authorized to certify the amount for the 2019 fiscal year to the appropriate agencies within the State of Washington. SECTION 3. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. – Savings. Resolution No. 1958 shall remain in full force and effect until the effective date of this resolution. SECTION 5. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, 8.E.a Packet Pg. 55 At t a c h m e n t : A n n e x a t i o n S a l e s T a x T h r e s h o l d 2 0 1 9 - R e s o l u t i o n ( 1 5 8 1 : R e s o l u t i o n C e r t i f y i n g t h e P a n t h e r L a k e A n n e x a t i o n S a l e s T a x C r e d i t - 5 Tax Credit Threshold Panther Lake Annexation codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7. – Effective Date. This resolution shall take effect and be in force immediately upon its passage, however the imposition of the sales and use taxes for the 2019 state fiscal year authorized by this resolution shall not take effect until the commencement of that fiscal year. February 19, 2019 DANA RALPH, MAYOR Date Approved ATTEST: February 19, 2019 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted February 22, 2019 Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.E.a Packet Pg. 56 At t a c h m e n t : A n n e x a t i o n S a l e s T a x T h r e s h o l d 2 0 1 9 - R e s o l u t i o n ( 1 5 8 1 : R e s o l u t i o n C e r t i f y i n g t h e P a n t h e r L a k e A n n e x a t i o n S a l e s T a x C r e d i t - DATE: February 19, 2019 TO: Kent City Council SUBJECT: Ordinance Granting 10-Year Franchise to Comcast Cable Communications Management, LLC - Adopt MOTION: Adopt Ordinance No. _______, granting Comcast Cable Communications Management, LLC, a 10-year non-exclusive cable television franchise; authorizing the Mayor to sign all documents necessary to implement the full terms of the negotiated agreement, including the Cable Franchise Agreement, the Letter Agreement, the Settlement Agreement and the 10-year Dark Fiber Agreement, all subject to final terms acceptable to the City Attorney; and directing the City Clerk to publish notice of Council’s grant of this cable franchise. SUMMARY: State law prohibits a cable franchise from being adopted on the day it is first introduced to Council, or for five days thereafter. Therefore, this ordinance, the cable franchise agreement, and the related documents and agreements were first introduced to Council at its February 5, 2019, meeting. Tonight, these documents are put before Council a second time for it to consider granting a new 10-year cable franchise to Comcast Cable Communications Management, LLC (“Comcast”), and authorizing the Mayor to sign all associated documents and agreements to fully implement the terms of the negotiated franchise. If adopted, the ordinance granting the cable franchise will be effective 30 days after that adoption, and within that same 30 day period, the City Clerk will publish notice advising the public of the granting of the franchise. If adopted, this ordinance, in addition to granting a 10-year cable franchise to Comcast, will also settle a dispute between the City and Comcast concerning the City’s institutional network connectivity and ongoing maintenance through the waiver of past due maintenance fees in the amount of $266,743 and the entering into of a new Dark Fiber Agreement, the cost of which will be recovered through a PEG fee (public, education, and government access) collected under the terms of the cable franchise, which fee will also be used to support the City’s capital costs involved in transitioning the City’s PEG programming to HD. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government 8.F Packet Pg. 57 ATTACHMENTS: 1. 1 Ordinance and Cable Franchise Agreement (PDF) 2. 2 Settlement Agreement (PDF) 3. 3 Letter Agreement (PDF) 4. 4 Dark Fiber Agreement (PDF) 8.F Packet Pg. 58 1 Cable Franchise Authorized—Comcast Cable Communications Management, LLC ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, granting Comcast Cable Communications Management, LLC a 10-year non- exclusive cable television franchise; authorizing the Mayor to sign all documents necessary to implement the full terms of the negotiated agreement, including the Cable Franchise Agreement, the Letter Agreement, the Settlement Agreement, and the 10-year Dark Fiber Agreement; and directing the City Clerk to publish notice of Council’s grant of this cable franchise. RECITALS A. Comcast Cable Communications Management, LLC (“Comcast”) is the successor to the franchise the City of Kent granted to TCI Cablevision of Washington, Inc. through Ordinance No. 3108, adopted on May 4, 1993. The term of that franchise, which authorized Comcast to utilize City right of way to install equipment and facilities necessary to provide cable service in exchange for a 5% franchise fee and other consideration contained in the franchise, expired in June of 2008. Although the term of the franchise ended in June of 2008, pursuant to the federal Cable Act, the parties have continued to consider all terms, conditions and obligations of the 1993 franchise as remaining in effect as they negotiated a renewal franchise. 8.F.a Packet Pg. 59 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s 2 Cable Franchise Authorized—Comcast Cable Communications Management, LLC B. During the franchise’s initial term, Comcast installed fiber optic cable within the City’s right of way that provided the City with institutional network connectivity (“INET”). The parties subsequently negotiated an INET Maintenance Agreement through which the parties established their respective obligations concerning the INET’s ongoing maintenance and operation. A dispute later arose between Comcast and the City concerning these obligations, and the parties have resolved that dispute during this franchise renewal process, which included Comcast agreeing to waive past due maintenance fees in exchange for the City entering into a new 10-year Dark Fiber Agreement. C. Before a renewal franchise agreement may be granted by the City, the federal Cable Act and the Kent City Code require that the public be afforded adequate notice and an opportunity to comment. This public comment opportunity was scheduled before Council’s Operations Committee on Tuesday, January 15, 2019. Notice of the public’s opportunity to submit comments concerning the proposed franchise was published in the Kent Reporter newspaper on January 4, 2019, and January 11, 2019, posted on the official public notice board located in the lobby of Kent City Hall, and posted on the City’s website. D. At the January 15, 2019, Operations Committee meeting, except for the staff presentation and comments made by Committee members, no comments, written or oral, were received from any member of the public. Thereafter, the Operations Committee unanimously recommended that the Kent City Council adopt an ordinance granting a 10-year cable franchise to Comcast and authorize the Mayor to sign all documents necessary to fully implement the terms of the parties’ negotiated franchise agreement. E. RCW 35A.47.040 allows the City to grant nonexclusive franchises to utility and cable providers for their use of City right of way, 8.F.a Packet Pg. 60 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s 3 Cable Franchise Authorized—Comcast Cable Communications Management, LLC but provides a franchise may not be adopted until at least five days have passed after the franchise is first introduced to the City Council. This renewal franchise was first introduced to Council at its regular meeting on February 5, 2019. Thereafter, it was presented to Council a second time at its regular meeting on February 19, 2019. Through this ordinance, Council grants a 10-year renewal cable franchise to Comcast, authorizes the Mayor to sign all documents necessary to fully implement the agreement negotiated between the City and Comcast, and directs the City Clerk to publish notice of the franchise’s grant prior to its effective date, which publication shall occur at least once in a newspaper of general circulation in the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Renewal Franchise Granted. The Cable Franchise Agreement between the City of Kent and Comcast Cable Communications Management, LLC, substantially in the form attached and incorporated as Exhibit A, is hereby granted. The Mayor is authorized to execute the same on behalf of the City of Kent, subject to those changes that are not material in nature and may be authorized by the City Attorney. SECTION 2. – Mayoral Authorization. The Mayor is further authorized to execute all documents necessary to implement the full terms of the negotiated franchise, including the parties’ Letter Agreement, the Settlement Agreement, and the 10-year Dark Fiber Agreement. SECTION 3. – City Clerk Directed to Publish. The City Clerk is directed to publish notice of the franchise’s grant prior to its effective date, which publication shall occur at least once in a newspaper of general circulation in the City. The publication shall include language substantially 8.F.a Packet Pg. 61 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s 4 Cable Franchise Authorized—Comcast Cable Communications Management, LLC similar to the following, which the City Clerk is authorized to amend to properly identify the web address where a complete copy of the Cable Franchise Agreement may be located: AN ORDINANCE of the City Council of the City of Kent, Washington, was adopted on February 19, 2019, which granted Comcast Cable Communications Management, LLC a 10-year non- exclusive cable television franchise; authorized the Mayor to sign all documents necessary to implement the full terms of the negotiated agreement, including the Cable Franchise Agreement, the Letter Agreement, the Settlement Agreement, and the 10-year Dark Fiber Agreement; and directed the City Clerk to publish notice of Council’s grant of this cable franchise. A complete copy of the Cable Franchise Agreement is available through the City Clerk’s Office, located at 220 Fourth Avenue South in the City of Kent, or online at www.ci.kent.wa.us/_____________. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. – Effective Date. This ordinance, being an exercise of a power specifically delegated to the City’s legislative body, is not subject to referendum. It shall be published and will take effect thirty (30) days after its passage. The Cable Franchise Agreement, however, shall become effective only upon its acceptance by Comcast Cable Communications Management, LLC and execution by the Mayor. Should Comcast fail to timely file its written acceptance of the Cable Franchise Agreement, Comcast will be deemed to have rejected and repudiated the Cable Franchise Agreement and the franchise will be voidable by the City. DANA RALPH, MAYOR Date Approved 8.F.a Packet Pg. 62 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s 5 Cable Franchise Authorized—Comcast Cable Communications Management, LLC ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Ordinance\Franchise-Cable-Comcast Communications.docx 8.F.a Packet Pg. 63 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s EXHIBIT A Cable Franchise Agreement 8.F.a Packet Pg. 64 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page i City of Kent-Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, AND THE CITY OF KENT, WASHINGTON ____________________________________________ CABLE FRANCHISE AGREEMENT TABLE OF CONTENTS SECTION 1. DEFINITIONS AND EXHIBITS 1 (A) DEFINITIONS ......................................................................................................1 (B) EXHIBITS ............................................................................................................7 SECTION 2. GRANT OF FRANCHISE 7 2.1 Grant .....................................................................................................................7 2.2 Use of Rights-of-Way ...........................................................................................8 2.3 Effective Date and Term of Franchise ..................................................................9 2.4 Franchise Nonexclusive ........................................................................................9 2.5 Police Powers ........................................................................................................9 2.6 Competitive Equity ...............................................................................................9 2.7 Familiarity with Franchise ..................................................................................11 2.8 Effect of Acceptance ...........................................................................................12 SECTION 3. FRANCHISE FEE PAYMENT AND FINANCIAL CONTROLS 12 3.1 Franchise Fee ......................................................................................................12 3.2 Payments .............................................................................................................12 3.3 Acceptance of Payment and Recomputation ......................................................12 3.4 Quarterly Franchise Fee Reports ........................................................................12 3.5 Annual Franchise Fee Reports ............................................................................12 3.6 Audits ..................................................................................................................13 3.7 Late Payments .....................................................................................................13 3.8 Underpayments and Overpayments ....................................................................13 3.9 Alternative Compensation ..................................................................................14 3.10 Maximum Legal Compensation ..........................................................................14 3.11 Additional Commitments Not Franchise Fee Payments .....................................14 3.12 Tax Liability........................................................................................................15 3.13 Financial Records................................................................................................15 3.14 Payment on Termination .....................................................................................15 SECTION 4. ADMINISTRATION AND REGULATION 15 4.1 Authority .............................................................................................................15 4.2 Rates and Charges ...............................................................................................16 4.3 Rate Discrimination ............................................................................................16 4.4 Filing of Rates and Charges ................................................................................16 8.F.a Packet Pg. 65 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page ii City of Kent-Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 4.5 Cross Subsidization .............................................................................................16 4.6 Reserved Authority .............................................................................................17 4.7 Time Limits Strictly Construed ..........................................................................17 4.8 Franchise Amendment Procedure .......................................................................17 4.9 Late Fees .............................................................................................................17 4.10 Force Majeure .....................................................................................................18 SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS 18 5.1 Indemnification ...................................................................................................18 5.2 Insurance .............................................................................................................19 5.3 Deductibles/Certificate of Insurance ...................................................................20 5.4 Security ...............................................................................................................21 SECTION 6. CUSTOMER SERVICE 22 6.1 Customer Service Standards ...............................................................................22 6.2 Subscriber Privacy ..............................................................................................22 6.3 Subscriber Contracts ...........................................................................................22 6.4 Notice to the City ................................................................................................22 6.5 Identification of Local Franchise Authority on Subscriber Bills ........................22 SECTION 7. REPORTS AND RECORDS 23 7.1 Open Records ......................................................................................................23 7.2 Confidentiality ....................................................................................................23 SECTION 8. PROGRAMMING 24 8.1 Broad Programming Categories ..........................................................................24 8.2 Deletion or Reduction of Broad Programming Categories .................................25 8.3 Obscenity ............................................................................................................25 8.4 Parental Control Device ......................................................................................25 8.5 Continuity of Service Mandatory ........................................................................25 8.6 Services for the Disabled ....................................................................................26 SECTION 9. ACCESS 26 9.1 Designated Access Providers ..............................................................................26 9.2 Channel Capacity and Use ..................................................................................26 9.3 Access Channel Assignments .............................................................................29 9.4 Relocation of Access Channels ...........................................................................29 9.5 Support for PEG Access and Network Costs ......................................................29 9.6 Access Support Not Franchise Fees ....................................................................30 9.7 Access Channels on Basic Service or Lowest Priced HD Service Tier ..............30 9.8 Change in Technology ........................................................................................30 9.9 Technical Quality ................................................................................................31 9.10 Return Lines/Access Origination ........................................................................31 8.F.a Packet Pg. 66 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page iii City of Kent-Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION 32 10.1 Right to Construct ...............................................................................................32 10.2 Right-of-Way Meetings ......................................................................................32 10.3 Joint Trenching/Boring Meetings .......................................................................32 10.4 General Standard .................................................................................................32 10.5 Permits Required for Construction .....................................................................32 10.6 Emergency Permits .............................................................................................33 10.7 Compliance with Applicable Codes....................................................................33 10.8 Minimal Interference ..........................................................................................33 10.9 Prevent Injury/Safety ..........................................................................................34 10.10 Hazardous Substances .........................................................................................34 10.11 Locates ................................................................................................................34 10.12 Notice to Private Property Owners .....................................................................35 10.13 Underground Construction and Use of Poles......................................................35 10.14 Undergrounding of Multiple Dwelling Unit Drops ............................................36 10.15 Burial Standards ..................................................................................................36 10.16 Cable Drop Bonding ...........................................................................................37 10.17 Prewiring .............................................................................................................37 10.18 Repair and Restoration of Property.....................................................................37 10.19 Acquisition of Facilities ......................................................................................37 10.20 Discontinuing Use/Abandonment of Cable System Facilities ............................38 10.21 Survey, Locates and Movement of Cable System Facilities for City Purposes ..............................................................................................................38 10.22 Reimbursement of Grantee Costs .......................................................................39 10.23 Movement of Cable System Facilities for Other Franchise Holders ..................39 10.24 Temporary Changes for Other Permittees ..........................................................39 10.25 Reservation of City Use of Right-of-Way ..........................................................39 10.26 Tree Trimming ....................................................................................................40 10.27 Inspection of Construction and Facilities ...........................................................40 10.28 Stop Work ...........................................................................................................40 10.29 Work of Contractors and Subcontractors ............................................................41 SECTION 11. CABLE SYSTEM, TECHNICAL STANDARDS AND TESTING 41 11.1 Subscriber Network ............................................................................................41 11.2 Standby Power ....................................................................................................42 11.3 Emergency Alert Capability ...............................................................................42 11.4 Technical Performance .......................................................................................42 11.5 Cable System Performance Testing ....................................................................42 11.6 Additional Tests ..................................................................................................43 SECTION 12. SERVICE AVAILABILITY, INTERCONNECTION AND SERVICE TO SCHOOLS AND PUBLIC BUILDINGS 43 12.1 Service Availability ............................................................................................43 8.F.a Packet Pg. 67 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page iv City of Kent-Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 12.2 Institutional Network and Connection of Public Facilities .................................44 SECTION 13. FRANCHISE VIOLATIONS 45 13.1 Procedure for Remedying Franchise Violations .................................................45 13.2 Revocation ..........................................................................................................46 13.3 Procedures in the Event of Termination or Revocation ......................................48 13.4 Purchase of Cable System ...................................................................................48 13.5 Receivership and Foreclosure .............................................................................49 13.6 No Monetary Recourse Against the City ............................................................50 13.7 Alternative Remedies ..........................................................................................50 13.8 Assessment of Monetary Damages .....................................................................50 13.9 Effect of Abandonment .......................................................................................50 13.10 What Constitutes Abandonment .........................................................................51 SECTION 14. FRANCHISE RENEWAL AND TRANSFER 51 14.1 Renewal...............................................................................................................51 14.2 Transfer of Ownership or Control.......................................................................52 SECTION 15. SEVERABILITY 53 SECTION 16. MISCELLANEOUS PROVISIONS 53 16.1 Preferential or Discriminatory Practices Prohibited ...........................................53 16.2 Notices ................................................................................................................54 16.3 Descriptive Headings ..........................................................................................54 16.4 Publication Costs to be Borne by Grantee ..........................................................54 16.5 Binding Effect .....................................................................................................55 16.6 No Joint Venture .................................................................................................55 16.7 Waiver .................................................................................................................55 16.8 Challenges to City Ordinances............................................................................55 16.9 Reasonableness of Consent or Approval ............................................................55 16.10 Entire Agreement ................................................................................................55 16.11 Jurisdiction ..........................................................................................................55 8.F.a Packet Pg. 68 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 1 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, AND CITY OF KENT, WASHINGTON _____________________________________________ CABLE FRANCHISE AGREEMENT DEFINITIONS AND EXHIBITS SECTION 1. (A) DEFINITIONS For the purposes of this Franchise, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word “shall” is always mandatory and not merely discretionary. A list that follows the use of the word “including” is intended to illustrate examples, not an exhaustive list, unless the context clearly indicates otherwise. 1.1 “Access” means the availability for noncommercial use by various agencies, institutions, organizations, groups and individuals in the community, including the City and its designees, of the Cable System to acquire, create, receive, and distribute video Cable Services and other services and signals as permitted under Applicable Law including, but not limited to: a. “Public Access” means Access where community-based, noncommercial organizations, groups or individual members of the general public, on a nondiscriminatory basis, are the primary users. b. “Educational Access” means Access where schools are the primary users having editorial control over programming and services. For purposes of this definition, “school” means any State-accredited educational institution, public or private, including, for example, primary and secondary schools, colleges and universities. c. “Government Access” means Access where governmental institutions or their designees are the primary users having editorial control over programming and services. 1.2 “Access Channel” means any Channel, or portion thereof, designated for Access purposes or otherwise made available to facilitate or transmit Access programming or services. 1.3 “Activated” means the status of any capacity or part of the Cable System in which any Cable Service requiring the use of that capacity or part is available without further installation of system equipment, whether hardware or software. 1.4 “Affiliate,” when used in connection with Grantee, means any Person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with Grantee. 8.F.a Packet Pg. 69 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 2 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 1.5 “Applicable Law” means any statute, ordinance, judicial decision, executive order or regulation having the force and effect of law that determines the legal standing of a case or issue. 1.6 “Bad Debt” means amounts lawfully billed to a Subscriber and owed by the Subscriber for Cable Service and accrued as revenues on the books of Grantee but not collected after reasonable efforts have been made by Grantee to collect the charges. 1.7 “Basic Service” is the level of programming service which includes the retransmission of local television Broadcast Channels and is made available to all Cable Services Subscribers in the Franchise Area. 1.8 “Broadcast Channel” means local commercial television stations, qualified low power stations and qualified local noncommercial educational television stations, as referenced under 47 USC § 534 and 535. 1.9 “Broadcast Signal” means a television or radio signal transmitted over the air to a wide geographic audience and received by a Cable System by antenna, microwave, satellite dishes or any other means. 1.10 “Cable Act” means the Title VI of the Communications Act of 1934, as amended. 1.11 “Cable Operator” means any Person or groups of Persons, including Grantee, who provide(s) Cable Service over a Cable System and directly or through one or more Affiliates owns a significant interest in such Cable System or who otherwise control(s) or is (are) responsible for, through any arrangement, the management and operation of such a Cable System. 1.12 “Cable Service” means the one-way transmission to Subscribers of video programming or other programming service and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. 1.13 “Cable System” means any facility, including Grantee’s, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves Subscribers without using any Right-of-Way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the federal Communications Act (47 U.S.C. 201 et seq.), except that such facility shall be considered a Cable System (other than for purposes of Section 621(c) (47 U.S.C. 541(c))) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with federal statutes; or (E) any facilities of any electric utility used solely for operating its electric utility systems. 8.F.a Packet Pg. 70 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 3 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 1.14 “Channel” means a portion of the electromagnetic frequency spectrum which is used in the Cable System and which is capable of delivering a television Channel (as television Channel is defined by the FCC by regulation). 1.15 “Chief Administrative Officer” means the Chief Administrative Officer of the City or designee. 1.16 “City” is the City of Kent, Washington, a body politic and corporate under the laws of the State of Washington. 1.17 “City Council” means the Kent City Council, or its successor, the governing body of the City of Kent, Washington. 1.18 “Commercial Subscribers” means any Subscribers other than Residential Subscribers. 1.19 “Designated Access Provider” means the entity or entities designated now or in the future by the City to manage or co-manage Access Channels and facilities. The City may be a Designated Access Provider. 1.20 “Digital Starter Service” means the Tier of optional video programming services, which is the level of Cable Service received by most Subscribers above Basic Service, and does not include Premium Services. 1.21 “Downstream” means carrying a transmission from the Headend to remote points on the Cable System or to Interconnection points on the Cable System. 1.22 “Dwelling Unit” means any building, or portion thereof, that has independent living facilities, including provisions for cooking, sanitation, and sleeping, and that is designed for residential occupancy. Buildings with more than one set of facilities for cooking shall be considered Multiple Dwelling Units unless the additional facilities are clearly accessory. 1.23 “FCC” means the Federal Communications Commission. 1.24 “Fiber Optic” means a transmission medium of optical fiber cable, along with all associated electronics and equipment, capable of carrying Cable Service by means of electric lightwave impulses. 1.25 “Finance Director” means the director of the City’s Finance Department or designee. 1.26 “Franchise” means the document in which this definition appears, i.e., the contractual agreement, executed between the City and Grantee, containing the specific provisions of the authorization granted, including references, specifications requirements, and other related matters. 1.27 “Franchise Area” means the area within the jurisdictional boundaries of the City, including any areas annexed by the City during the term of this Franchise. 8.F.a Packet Pg. 71 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 4 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 1.28 “Franchise Fee” means that fee payable to the City described in Section 3.1 (A). 1.29 “Grantee” means Comcast Cable Communications Management, LLC, or its lawful successor, transferee or assignee. 1.30 “Gross Revenues” means and shall be construed broadly to include all revenues derived directly or indirectly by Grantee and/or an Affiliate entity that is the cable operator of the Cable System, from the operation of Grantee’s Cable System to provide Cable Services within the City. Gross revenues include, by way of illustration and not limitation: • monthly fees for Cable Services, regardless of whether such Cable Services are provided to Residential or Commercial Subscribers, including revenues derived from the provision of all Cable Services (including but not limited to pay or premium Cable Services, digital Cable Services, pay-per-view, pay-per-event, and video-on-demand Cable Services); • installation, reconnection, downgrade, upgrade, or similar charges associated with changes in subscriber Cable Service levels; • fees paid to Grantee for channels designated for commercial/leased access use, which shall be allocated on a pro rata basis using total Cable Service Subscribers within the City; • converter, remote control, and other Cable Service equipment rentals, leases, or sales; • Advertising Revenues as defined herein; • late fees, convenience fees, and administrative fees, which shall be allocated on a pro rata basis using Cable Services revenue as a percentage of total Subscriber revenues within the City; • revenues from program guides; • Franchise Fees; • FCC Regulatory Fees; • Except as provided in subsection (B) below, any fee, tax, or other charge assessed against Grantee by a municipality, which Grantee chooses to pass through and collect from its Subscribers; and • commissions from home shopping Channels and other Cable Service revenue sharing arrangements, which shall be allocated on a pro rata basis using total Cable Service Subscribers within the City. 8.F.a Packet Pg. 72 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 5 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 (A) “Advertising Revenues” shall mean revenues derived from sales of advertising that are made available to Grantee’s Cable System Subscribers within the City and shall be allocated on a pro rata basis using total Cable Service Subscribers reached by the advertising. Additionally, Grantee agrees that Gross Revenues subject to Franchise Fees shall include all commissions, representative fees, Affiliate entity fees, or rebates paid to National Cable Communications and Comcast Spotlight or their successors associated with sales of advertising on the Cable System within the City and allocated according to this subsection using total Cable Service Subscribers reached by the advertising. (B) “Gross Revenues” shall not include: • actual Bad Debt write-offs, except any portion which is subsequently collected which shall be allocated on a pro rata basis using Cable Services revenue as a percentage of total Subscriber revenues within the City; • Public, Educational and Governmental (PEG) Fees; and • unaffiliated third-party advertising sales agency fees which are reflected as a deduction from revenues. (C) To the extent revenues are received by Grantee for the provision of a discounted bundle of services which includes Cable Services and non-Cable Services, Grantee shall calculate revenues to be included in Gross Revenues using a methodology that allocates revenue on a pro rata basis when comparing the bundled service price and its components to the sum of the published rate card, except as required by specific federal, State or local law. It is expressly understood that equipment may be subject to inclusion in the bundled price at full rate card value. This calculation shall be applied to every bundled service package containing Cable Service from which Grantee derives revenues in the City. The City reserves its right to review and to challenge Grantee’s calculations. (D) Grantee reserves the right to change the allocation methodologies set forth in this subsection 1.30 in order to meet the standards required by governing accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Grantee will explain and document the required changes to the City within three (3) months of making such changes, and as part of any audit or review of Franchise Fee payments, and any such changes shall be subject to subsection 1.30 (E) below. If new Cable Service revenue streams develop from Grantee’s operation of its Cable System within the City, those new revenue streams shall be included within Gross Revenues, unless the parties agree otherwise. (E) Resolution of any disputes over the classification of revenue should first be attempted by agreement of the Parties, but should no resolution be reached, the Parties agree that reference shall be made to generally accepted accounting principles (“GAAP”) as promulgated and defined by the FASB, EITF and/or the SEC. Notwithstanding the forgoing, the City reserves 8.F.a Packet Pg. 73 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 6 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 its right to challenge Grantee’s calculation of Gross Revenues, including the interpretation of GAAP as promulgated and defined by the FASB, EITF and/or the SEC. 1.31 “Headend” means any facility for signal reception and dissemination on a Cable System, including cables, antennas, wires, satellite dishes, monitors, switchers, modulators, processors for Broadcast Signals, equipment for the Interconnection of the Cable System with adjacent Cable Systems and Interconnection of any networks which are part of the Cable System, and all other related equipment and facilities. 1.32 “Leased Access Channel” means any Channel or portion of a Channel commercially available for video programming by Persons other than Grantee, for a fee or charge. 1.33 “Municipal Code” means the Kent City Code adopted for application and enforcement within the City of Kent, Washington. 1.34 “Person” means any individual, sole proprietorship, partnership, association, or corporation, or any other form of entity or organization. 1.35 “Premium Service” means programming choices (such as movie Channels, pay-per-view programs, or video on demand) offered to Subscribers on a per-Channel, per-program or per- event basis. 1.36 “Residential Subscriber” means any Subscriber who receives Cable Service delivered to Dwelling Units or Multiple Dwelling Units, excluding such Multiple Dwelling Units billed on a bulk-billing basis. 1.37 “Right-of-Way” means “City Right-of-Way” as defined in Section 7.12.030(L) of the Municipal Code. 1.38 “State” means the State of Washington. 1.39 “Subscriber” means any Person who or which has entered into an agreement to receive Cable Service provided by Grantee by means of or in connection with the Cable System and whose premises are physically wired and lawfully Activated to receive Cable Service from Grantee’s Cable System, and who or which has not been disconnected for failure to adhere to Grantee’s regular and nondiscriminatory terms and conditions for receipt of service. 1.40 “Subscriber Network” means that portion of the Cable System used primarily by Grantee in the transmission of Cable Services to Residential Subscribers. 1.41 “Telecommunications” means the transmission between or among points specified by the user of information of the user’s choosing, without change in the form or content of the information as sent and received (as provided in 47 U.S.C. Section 153(50)). 8.F.a Packet Pg. 74 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 7 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 1.42 “Telecommunications Service” means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used (as provided in 47 U.S.C. Section 153(53)). 1.43 “Tier” means a group of Channels for which a single periodic subscription fee is charged. 1.44 “Upstream” means carrying a transmission to the Headend from remote points on the Cable System or from Interconnection points on the Cable System. (B) EXHIBITS The following documents, which are occasionally referred to in this Franchise, are formally incorporated and made a part of this Franchise by this reference: 1) Exhibit A: A list of the public buildings receiving dark fiber I-Net connections 2) Exhibit B: A list of the current public buildings receiving complimentary Cable Service GRANT OF FRANCHISE SECTION 2. 2.1 Grant (A) The City hereby grants to Grantee a nonexclusive authorization to make reasonable and lawful use of the Rights-of-Way and any compatible easements, to the extent they comply with the provisions of 47 U.S.C. § 541(a)(2), within the City to construct, operate, maintain, reconstruct, and rebuild a Cable System for the purpose of providing Cable Service subject to the terms and conditions set forth in this Franchise and in any prior utility or use agreements entered into by Grantee with regard to any individual property. This Franchise shall constitute both a right and an obligation to provide the Cable Services required by, and to fulfill the obligations set forth in, the provisions of this Franchise. (B) Nothing in this Franchise shall be deemed to waive the lawful requirements of any generally applicable City ordinance existing as of the Effective Date, as defined in subsection 2.3. (C) Each and every term, provision, or condition herein is subject to the provisions of State law, federal law, and the ordinances and regulations enacted by the Kent City Council pursuant thereto, portions of which may be codified in the Municipal Code. To the extent there is any conflict between any provision of the Municipal Code as it exists on the Effective Date of this Franchise and this Franchise, the terms of this Franchise shall control. Subject to the City’s right to exercise its police power under Section 2.5, the City may not unilaterally alter the material rights and obligations of Grantee under this Franchise. (D) This Franchise shall not be interpreted to prevent the City from imposing additional lawful conditions for use of the Rights-of-Way as allowed by Applicable Law should 8.F.a Packet Pg. 75 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 8 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 Grantee provide service other than Cable Service, nor shall this Franchise be interpreted to either prevent or authorize Grantee from making any other lawful uses of the Cable System as permitted by Applicable Law. (E) Grantee promises and guarantees, as a condition of exercising the privileges granted by this Franchise, that any Affiliate of Grantee directly involved in the offering of Cable Service in the Franchise Area, or directly involved in the management or operation of the Cable System in the Franchise Area, will also comply with the obligations of this Franchise. (F) No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example and not limitation, this Franchise shall not include or be a substitute for: (1) Any other generally applicable permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City; (2) Any generally applicable permit, agreement, or authorization required by the City for Right-of-Way users in connection with operations on or in the Rights-of-Way or public property including, by way of example and not limitation, street cut permits; or (3) Any generally applicable permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Franchise including, without limitation, permits and agreements for placing devices on poles, in conduits, or in or on other structures. (G) This Franchise is intended to convey limited rights and interests only as to those Rights-of-Way in which the City has an actual interest. It is not a warranty of title or interest in any Right-of-Way; it does not provide Grantee with any interest in any particular location within the Right-of-Way; and it does not confer rights other than as expressly provided in the grant hereof. 2.2 Use of Rights-of-Way (A) Subject to the City’s supervision and control, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the Rights-of-Way within the City such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System within the City. Grantee, through this Franchise, is granted extensive and valuable rights to operate its Cable System for profit using the City’s Rights-of-Way in compliance with all applicable City construction codes and procedures. As trustee for the public, the City is entitled to fair compensation as provided for in Section 3 of this Franchise to be paid for these valuable rights throughout the term of the Franchise. (B) Grantee must follow City established nondiscriminatory requirements for placement of Cable System facilities in Rights-of-Way, including the specific location of facilities in the Rights-of-Way, and must in any event install Cable System facilities in a manner 8.F.a Packet Pg. 76 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 9 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 that minimizes interference with the use of the Rights-of-Way by the City or others, including others that may be installing communications facilities. Within limits reasonably related to the City’s role in protecting public health, safety, and welfare, the City may require that Cable System facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular Right-of-Way; may deny access if Grantee is not willing to comply with City’s requirements; and may remove, or require removal of any facility that is not installed by Grantee in compliance with the requirements established by the City, or which is installed without prior City approval of the time, place, or manner of installation, and charge Grantee for all the costs associated with removal; and may require Grantee to cooperate with others to minimize adverse impacts on the Rights-of-Way through joint trenching and other arrangements. 2.3 Effective Date and Term of Franchise This Franchise and the rights, privileges, and authority granted hereunder shall take effect on _____________, 2019 (the “Effective Date”), and shall terminate on _______________, 2029, unless terminated sooner as hereinafter provided. 2.4 Franchise Nonexclusive This Franchise shall be nonexclusive and subject to all prior rights, interests, easements, or licenses granted by the City to any Person to use any property, Right-of-Way, right, interest, or license for any purpose whatsoever, including the right of the City to use the same for any purpose it deems fit, including the same or similar purposes allowed Grantee hereunder. The City may at any time grant authorization to use the Rights-of-Way for any purpose not incompatible with Grantee’s authority under this Franchise and for such additional franchises for Cable Systems as the City deems appropriate, subject to Section 2.6. 2.5 Police Powers Grantee’s rights hereunder are subject to the police powers of the City to adopt and enforce ordinances necessary to the safety, health, and welfare of the public, and Grantee agrees to comply with all laws and ordinances of general applicability enacted or hereafter enacted by the City or any other legally constituted governmental unit having lawful jurisdiction over the subject matter hereof. The City shall have the right to adopt from time to time such ordinances as it may deem necessary in the exercise of its police power; provided that such hereinafter enacted ordinances shall be reasonable and not materially modify the terms of this Franchise. Any conflict between the provisions of this Franchise and any other present or future lawful exercise of the City’s police powers shall be resolved in favor of the latter. 2.6 Competitive Equity (A) Grantee acknowledges and agrees that the City reserves the right to grant one (1) or more additional franchises or other similar lawful authorization to utilize the Rights-of-Way in order to provide Cable Services or similar video programming service within the City. If the 8.F.a Packet Pg. 77 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 10 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 City grants such an additional franchise or other similar lawful authorization to utilize the Rights-of-Way for Cable Services or similar video programming services containing material terms and conditions that differ from Grantee’s material obligations under this Franchise, or declines to require such franchise or other similar lawful authorization where it has the legal authority to do so, then the City agrees that the obligations in this Franchise will, pursuant to the process set forth in this Section, be amended to include any material terms or conditions that are imposed upon the new entrant, or provide relief from existing material terms or conditions, so as to insure that the regulatory and financial burdens on each entity are materially equivalent. “Material terms and conditions” include, but are not limited to: Franchise Fees and Gross Revenues; complementary services; insurance; System build-out requirements; security instruments; Public, Education and Government Access Channels and support; customer service standards; required reports and related record keeping; competitive equity (or its equivalent); audits; dispute resolution; remedies; and notice and opportunity to cure breaches. The parties agree that this provision shall not require a word for word identical franchise or authorization for a competitive entity so long as the regulatory and financial burdens on each entity are materially equivalent. Prior to formal consideration of a competitive franchise to provide Cable Services or similar video programming service, the City shall provide notice to Grantee, consistent with Section 7.12.170 of the Kent Municipal Code. (B) The modification process of this Franchise as provided for in subsection 2.6 (A) shall only be initiated by written notice by Grantee to the City regarding specified franchise obligations. Grantee’s notice shall address the following: (1) identifying the specific terms or conditions in the competitive cable services franchise that are materially different from Grantee’s obligations under this Franchise; (2) identifying the Franchise terms and conditions for which Grantee is seeking amendments; (3) providing text for any proposed Franchise amendments to the City, with a written explanation of why the proposed amendments are necessary and consistent. Notwithstanding any modification of this Franchise pursuant to the provisions of this subsection 2.6, should any entity, whose authorization to provide Cable Services or similar video programming service resulted in a triggering of the amendments under this Section, cease to provide such services within the City, the City may provide ninety (90) days’ written notice to Grantee of such fact, and the City and Grantee shall enter into good faith negotiations to determine which of the original terms, conditions and obligations of this Franchise shall be reinstated and fully effective. (C) Upon receipt of Grantee’s written notice as provided in subsection 2.6 (B), the City and Grantee agree that they will use best efforts in good faith to negotiate Grantee’s proposed Franchise modifications, and that such negotiation will proceed and conclude within a ninety (90) day time period, unless that time period is reduced or extended by mutual agreement of the parties. If the City and Grantee reach agreement on the Franchise modifications pursuant to such negotiations, then the City shall amend this Franchise to include the modifications. (D) In the alternative to Franchise modification negotiations as provided for in subsection 2.6 (C), or if the City and Grantee fail to reach agreement in such negotiations, Grantee may, at its option, elect to replace this Franchise by opting into the franchise or other similar lawful authorization that the City grants to another multi-channel video programming 8.F.a Packet Pg. 78 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 11 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 provider, with the understanding that Grantee may use its current system design and technology infrastructure to meet any requirements of the new franchise, so as to insure that the regulatory and financial burdens on each entity are equivalent. If Grantee so elects, the City shall immediately commence proceedings to replace this Franchise with the franchise issued to the other multi-channel video programming provider. (E) Notwithstanding anything contained in this subsection 2.6(A) through (D) to the contrary, the City shall not be obligated to amend or replace this Franchise unless the new entrant makes Cable Services or similar video programming services available for purchase by Subscribers or customers under its franchise agreement with the City. If Grantee is the sole provider of Cable Services or similar video programming services using the Rights-of-Way of the City, the terms and conditions of the Franchise shall apply. (F) Notwithstanding any provision to the contrary, at any time that a wireline facilities based entity, legally authorized by State or federal law, makes available for purchase by Subscribers or customers Cable Services or multiple Channels of video programming within the Franchise Area without a franchise or other similar lawful authorization granted by the City that permits a new entrant to utilize the Rights-of-Way granted by the City, then: (1) Grantee may negotiate with the City to seek Franchise modifications as per subsection 2.6(C) above; or (a) the term of Grantee’s Franchise shall, upon ninety (90) days’ written notice from Grantee, be shortened so that the Franchise shall be deemed to expire on a date eighteen (18) months from the first day of the month following the date of Grantee’s notice, and Grantee shall be deemed to have timely invoked the renewal process under 47 USC 546; or, (b) Grantee may assert, at Grantee’s option, that this Franchise is rendered “commercially impracticable” and invoke the modification procedures set forth in Section 625 of the Cable Act. For the purposes of this section, a “wireline facilities based entity” means an entity, including the City that owns, controls or manages a significant portion of the wireline facilities located in the City’s Rights-of-Way, over which the video programming services are delivered. 2.7 Familiarity with Franchise Grantee acknowledges and warrants by acceptance of the rights, privileges, and agreements granted herein, that it has carefully read and fully comprehends the terms and conditions of this Franchise and is willing to and does accept all lawful and reasonable risks of the meaning of the provisions, terms, and conditions herein. Grantee further acknowledges and states that it has fully studied and considered the requirements and provisions of this Franchise, 8.F.a Packet Pg. 79 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 12 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 and finds that the same are commercially practicable at this time and consistent with all local, State, and federal laws and regulations currently in effect, including the Cable Act. 2.8 Effect of Acceptance By accepting the Franchise, Grantee: (1) acknowledges and accepts the City’s legal right to issue and enforce the Franchise; (2) accepts and agrees to comply with each and every provision of this Franchise subject to Applicable Law; and (3) agrees that the Franchise was granted pursuant to processes and procedures consistent with Applicable Law, and that it will not raise any claim to the contrary. FRANCHISE FEE PAYMENT AND FINANCIAL CONTROLS SECTION 3. 3.1 Franchise Fee As compensation for the benefits and privileges granted under this Franchise and in consideration of permission to use the City’s Rights-of-Way, Grantee shall continue to pay as a Franchise Fee to the City, throughout the duration of and consistent with this Franchise, an amount equal to five percent (5%) of Grantee’s Gross Revenues. 3.2 Payments Grantee’s Franchise Fee payments to the City shall be computed quarterly for the preceding calendar quarter ending March 31, June 30, September 30, and December 31. Each quarterly payment shall be due and payable no later than thirty (30) days after said dates. 3.3 Acceptance of Payment and Recomputation No acceptance of any payment shall be construed as an accord by the City that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the City may have for further or additional sums payable or for the performance of any other obligation of Grantee. 3.4 Quarterly Franchise Fee Reports Each payment shall be accompanied by a written report to the City concurrently sent under separate cover, verified by an authorized representative of Grantee, containing an accurate statement in summarized form, as well as in detail, of Grantee’s Gross Revenues and the computation of the payment amount. Such reports shall detail all Gross Revenues of the Cable System. 3.5 Annual Franchise Fee Reports Grantee shall, within sixty (60) days after the end of each year, furnish to the City a statement stating the total amount of Gross Revenues for the year and all payments, deductions, and computations for the period. 8.F.a Packet Pg. 80 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 13 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 3.6 Audits Not more than once every three (3) years, upon thirty (30) days’ prior written notice, the City, including the City’s Finance Director, shall have the right to conduct an independent audit/review of Grantee’s records reasonably related to the administration or enforcement of this Franchise. Pursuant to subsection 1.30, as part of the Franchise Fee audit/review, the City shall specifically have the right to review relevant data related to the allocation of revenue to Cable Services in the event Grantee offers Cable Services bundled with non-Cable Services. An independent audit/review of Grantee’s records may be conducted more frequently if the City has a reasonable basis upon which to believe an error in the Franchise Fee calculation has occurred. For purposes of this section, “relevant data” shall include, at a minimum, Grantee’s records, produced and maintained in the ordinary course of business, showing the Subscriber counts per package and the revenue allocation per package for each package that was available for City Subscribers during the audit period. To the extent that the City does not believe that the relevant data supplied is sufficient for the City to complete its audit/review, the City may require other relevant data maintained in Grantee’s ordinary course of business. For purposes of this Section 3.6, the “other relevant data” shall generally mean all: (1) billing reports, (2) financial reports (such as General Ledgers) and (3) sample Subscriber bills used by Grantee to determine Gross Revenues for the Franchise Area that would allow the City to recompute the Gross Revenue determination. If the audit/review shows that Franchise Fee payments have been underpaid by five percent (5%) or more (or such other contract underpayment threshold as set forth in a generally applicable and enforceable regulation or policy of the City related to audits), Grantee shall pay the total cost of the audit/review, such cost not to exceed five thousand dollars ($5,000) for each year of the audit period, with such amount to increase upon the annual anniversary of the Effective Date, by an amount equal to the CPI increase in the Seattle-Tacoma-Bellevue area. The City’s right to audit/review and Grantee’s obligation to retain records necessary to complete any audit under this subsection shall expire consistent with the applicable statute of limitations period under State law; provided, however, that this would not apply to a time period covered under a previous audit. 3.7 Late Payments In the event any quarterly Franchise Fee payment is not received within thirty (30) days from the date the payment was due to the City, Grantee shall pay interest on the amount due of one and one-half percent (1.5 %) per month (eighteen percent (18%) per annum) on any unpaid balance of the Franchise Fee due, until all payments due are paid in full. Any unpaid fee or interest due under this Franchise that remains unpaid shall constitute a debt to the City, collectible in accordance with the Kent City Code. 3.8 Underpayments and Overpayments If a net Franchise Fee underpayment is discovered as the result of an audit, Grantee shall pay interest as applicable for late payments under Section 3.7 of this Franchise, calculated from the date each portion of the underpayment was originally due until the date Grantee remits the 8.F.a Packet Pg. 81 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 14 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 underpayment to the City. If an overpayment is discovered, Grantee may take an offset against future Franchise Fee payments, with no interest or other cost to the City. 3.9 Alternative Compensation In the event the obligation of Grantee to compensate the City through Franchise Fee payments is lawfully suspended or eliminated, in whole or part, then Grantee shall pay to the City compensation equivalent to the compensation paid to the City by other similarly situated users of the City’s Rights-of-Way for Grantee’s use of the City’s Rights-of-Way, provided that in no event shall such payments exceed the equivalent of five percent (5%) of Grantee’s Gross Revenues (subject to the other provisions contained in this Franchise), to the extent consistent with Applicable Law. 3.10 Maximum Legal Compensation The parties acknowledge that, at present, applicable federal law limits the City to collection of a maximum permissible Franchise Fee of five percent (5%) of Gross Revenues. In the event that at any time during the duration of this Franchise the City is authorized to collect an amount in excess of five percent (5%) of Gross Revenues, then this Franchise may be amended unilaterally by the City, by resolution of the City Council, to provide that such excess amount shall be added to the Franchise Fee payments to be paid by Grantee to the City hereunder, provided that Grantee has received at least ninety (90) days’ prior written notice from the City of such amendment, so long as all cable operators in the City are paying the same Franchise Fee amount commencing within ninety (90) days of the Effective Date of the increase for Grantee. 3.11 Additional Commitments Not Franchise Fee Payments No term or condition in this Franchise shall in any way modify or affect Grantee’s obligation to pay in full the Franchise Fee percentage listed in this Franchise. Additionally, the PEG Contribution pursuant to Section 9.5, as well as any charges incidental to the awarding or enforcing of this Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damage shall not be offset against Franchise Fees. Furthermore, the City and Grantee agree that any utility tax, business and occupation tax or similar local tax of general applicability shall be in addition to any Franchise Fees required herein, and there shall be no offset against Franchise Fees subject to applicable law. With the exception of the foregoing and Section 12.2 of this Franchise, Comcast reserves all rights to offset cash or non-cash payments from Franchise Fees, consistent with applicable law. Should Grantee elect to offset commitments or initiatives such as complimentary Cable Service against the Franchise Fee in accordance with applicable law, including any Order resulting from the FCC’s 621 proceeding, MB Docket No. 05-311, Grantee shall provide the City ninety (90) days’ advance written notice. Discounted leased fiber or managed services provided under a separate contract with Comcast Business are not a non-cash commitment or initiative and shall not be offset. 8.F.a Packet Pg. 82 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 15 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 Any decision or election by Grantee not to exercise any right it has under applicable law, including any Order by the FCC in the 621 proceeding, to offset cash or non-cash payments from Franchise Fees under or pursuant to this Franchise, shall not constitute a waiver of any such rights Grantee may have under applicable law. 3.12 Tax Liability The Franchise Fees shall be in addition to any and all taxes or other levies or assessments which are now or hereafter required to be paid by businesses in general by any law of the City, the State or the United States including, without limitation, sales, use, utility, business and occupation, and other taxes, business license fees, or other payments. Payment of the Franchise Fees under this Franchise shall not exempt Grantee from the payment of any other license fee, permit fee, tax, or charge on the business, occupation, property, or income of Grantee that may be lawfully imposed by the City. Any other license fees, taxes, or charges shall be of general applicability in nature and shall not be levied against Grantee solely because of its status as a Cable Operator, or against Subscribers, solely because of their status as such. 3.13 Financial Records Grantee agrees to meet with a representative of the City upon request to review Grantee’s methodology of recordkeeping, financial reporting, the computing of Franchise Fee obligations and other procedures, the understanding of which the City deems necessary for reviewing reports and records. 3.14 Payment on Termination If this Franchise terminates for any reason, Grantee shall file with the City within ninety (90) calendar days of the date of the termination, a financial statement, signed by a representative of Grantee under penalty of perjury under the laws of the State of Washington, showing the Gross Revenues received by Grantee since the end of the previous fiscal year. The City reserves the right to satisfy any remaining financial obligations of Grantee to the City by utilizing the funds available in the letter of credit or other security provided by Grantee. ADMINISTRATION AND REGULATION SECTION 4. 4.1 Authority (A) The City shall be vested with the power and right to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest or to delegate that power and right, or any part thereof, to the extent permitted under federal, State, and local law, to any agent in its sole discretion. (B) Nothing in this Franchise shall limit nor expand the City’s right of eminent domain under State law. 8.F.a Packet Pg. 83 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 16 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 4.2 Rates and Charges All of Grantee’s rates and charges related to or regarding Cable Services shall be subject to regulation by the City to the full extent authorized by applicable federal, State, and local laws. 4.3 Rate Discrimination All of Grantee’s rates and charges shall be published (in the form of a publicly-available rate card) and be non-discriminatory as to all Persons and organizations of similar classes, under similar circumstances and conditions. Grantee shall apply its rates in accordance with Applicable Law, with identical rates and charges for all Subscribers receiving identical Cable Services, without regard to race, color, ethnic or national origin, religion, age, sex, sexual orientation, gender identity, marital, military or economic status, physical or mental disability, or, where consistent with any requirement of federal or State law, or geographic location within the City. Nothing herein shall be construed to prohibit: (A) The temporary reduction or waiving of rates or charges in conjunction with valid promotional campaigns; or, (B) The offering of reasonable discounts to senior citizens or economically disadvantaged citizens; or, (C) The offering of rate discounts for Cable Service; or, (D) The establishing of different and nondiscriminatory rates and charges and classes of service for Commercial Subscribers, as allowable by federal law and regulations. 4.4 Filing of Rates and Charges (A) Throughout the term of this Franchise, Grantee shall maintain on file with the City a complete schedule of applicable rates and charges for Cable Services provided under this Franchise. Nothing in this subsection shall be construed to require Grantee to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns. (B) Upon request of the City, Grantee shall provide a complete schedule of current rates and charges for any and all Leased Access Channels, or portions of such Channels, provided by Grantee. The schedule shall include a description of the price, terms, and conditions established by Grantee for Leased Access Channels. 4.5 Cross Subsidization Grantee shall comply with all Applicable Laws regarding rates for Cable Services and all Applicable Laws covering issues of cross subsidization. 8.F.a Packet Pg. 84 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 17 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 4.6 Reserved Authority Both Grantee and the City reserve all rights they may have under the Cable Act and any other relevant provisions of federal, State, or local law. 4.7 Time Limits Strictly Construed Whenever this Franchise sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a breach of this Franchise and sufficient grounds for the City to invoke any relevant remedy in accordance with Section 13.1 of this Franchise. While Grantee agrees to use its best efforts to respond to electronic requests by the City for information, books or records within the time set forth in this Franchise, the parties agree that Grantee’s failure to respond to the electronic request, if such error was inadvertent or unintentional, shall not be deemed a breach of this Franchise. Notwithstanding the foregoing, the parties hereby agree that it is not the City’s intention to subject Grantee to penalties, fines, forfeitures or revocation of the Franchise for violations of the Franchise where the violation was a good faith error that resulted in no or minimal negative impact on the Subscribers within the Franchise Area, or where strict performance would result in practical difficulties and hardship to Grantee which outweighs the benefit to be derived by the City and/or Subscribers. 4.8 Franchise Amendment Procedure Either party may at any time seek an amendment of this Franchise by so notifying the other party in writing. Within thirty (30) days of receipt of notice, or such other time as the parties may agree, the City and Grantee shall meet to discuss the proposed amendment(s). If the parties reach a mutual agreement upon the suggested amendment(s), such amendment(s) shall be submitted to the City Council for its approval. If so approved by the City Council and Grantee, then such amendment(s) shall be deemed part of this Franchise. If mutual agreement is not reached, there shall be no amendment. 4.9 Late Fees (A) For purposes of this subsection, any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a Subscriber solely for late payment of a bill shall be deemed a late fee. (B) Nothing in this subsection shall be deemed to create, limit, or otherwise affect the ability of Grantee to impose other assessments, charges, fees, or sums other than those permitted by this subsection, for Grantee’s other services or activities it performs in compliance with Applicable Law, including FCC law, rule, or regulation. (C) Grantee’s late fee and disconnection policies and practices shall be nondiscriminatory and such policies and practices, and any fees imposed pursuant to this subsection, shall apply equally in all parts of the City without regard to the neighborhood or income level of the Subscriber. 8.F.a Packet Pg. 85 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 18 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 4.10 Force Majeure In the event Grantee is prevented or delayed in the performance of any of its obligations under this Franchise by reason beyond the control of Grantee, Grantee shall have a reasonable time, under the circumstances, to perform the affected obligation under this Franchise or to procure a substitute for such obligation that is satisfactory to the City. Those conditions that are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, work stoppages or labor disputes, power outages, telephone network outages, and severe or unusual weather conditions, all of which have a direct and substantial impact on Grantee’s ability to provide Cable Services in the City and were not caused and could not have been avoided by Grantee, who used its best efforts in its operations to avoid such results. If Grantee believes that a reason beyond its control has prevented or delayed its compliance with the terms of this Franchise, Grantee shall provide documentation as reasonably required by the City to substantiate Grantee’s claim. If Grantee has not yet cured the deficiency, Grantee shall also provide the City with its proposed plan for remediation, including the timing for such cure. FINANCIAL AND INSURANCE REQUIREMENTS SECTION 5. 5.1 Indemnification (A) General Indemnification. Grantee shall indemnify, defend, and hold the City, its officers, officials, boards, commissions, agents, and employees, harmless from any action or claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys’ fees or reasonable expenses, arising from any casualty or accident to Person or property, including, without limitation, copyright infringement, defamation, and all other damages in any way arising out of, or by reason of, any construction, excavation, operation, maintenance, reconstruction, or any other act done under this Franchise, by or for Grantee, its agents, or its employees, or by reason of any neglect or omission of Grantee. Grantee shall consult and cooperate with the City while conducting its defense of the City. Grantee shall not be obligated to indemnify the City to the extent of the City’s negligence or willful misconduct. (B) Additional Circumstances. Grantee shall also indemnify, defend and hold the City harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys’ fees or reasonable expenses in any way arising out of: (1) The lawful actions of the City in granting this Franchise to the extent such actions are consistent with this Franchise and Applicable Law. (2) Damages arising out of any failure by Grantee to secure consents from the owners, authorized distributors, or licensees/licensors of programs to be delivered by the Cable System, whether or not any act or omission complained of is authorized, allowed, or prohibited by this Franchise. 8.F.a Packet Pg. 86 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 19 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 (C) Procedures and Defense. If a claim or action arises, the City or any other indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee’s expense. The City may participate in the defense of a claim, but if Grantee provides a defense at Grantee’s expense then Grantee shall not be liable for any attorneys’ fees, expenses, or other costs the City may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described below in subsection 5.1(E) is required. In that event, the provisions of subsection 5.1(E) shall govern Grantee’s responsibility for City’s attorneys’ fees, expenses, or other costs. In any event, Grantee may not agree to any settlement of claims affecting the City without the City’s approval. (D) Non-waiver. The fact that Grantee carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Grantee’s duty of defense and indemnification under this subsection. (E) Expenses. If separate representation to fully protect the interests of both parties is or becomes necessary, such as a conflict of interest between the City and the counsel selected by Grantee to represent the City, Grantee shall pay, from the date such separate representation is required forward, all reasonable expenses incurred by the City in defending itself with regard to any action, suit, or proceeding subject to indemnification by Grantee. Provided, however, that in the event that such separate representation is or becomes necessary, and the City desires to hire counsel or any other outside experts or consultants and desires Grantee to pay those expenses, then the City shall be required to obtain Grantee’s consent to the engagement of such counsel, experts, or consultants, such consent not to be unreasonably withheld. The City’s expenses shall include all reasonable out-of-pocket expenses, such as consultants’ fees and court costs, and shall also include the reasonable value of any services rendered by the City Attorney or his/her assistants or any employees of the City or its agents, but shall not include outside attorneys’ fees for services that are unnecessarily duplicative of services provided to the City by Grantee, except in the event of a conflict of interest where such duplication may be required. 5.2 Insurance (A) Grantee shall maintain in full force and effect at its own cost and expense each of the following policies of insurance: (1) Commercial General Liability insurance with limits of no less than two million dollars ($2,000,000) per occurrence and five million dollars ($5,000,000) general aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 01 1/96 or its equivalent and include severability of interests. Such insurance shall name the City, its officers, officials and employees as additional insureds per ISO CG 2026 or its equivalent. There shall be a waiver of subrogation and rights of recovery against the City, its officers, officials and employees. Coverage shall apply as to claims between insureds on the policy, if applicable. Coverage may take the form of a primary layer and a secondary or umbrella layer, but the combination of layers must equal five million dollars ($5,000,000) at a minimum. 8.F.a Packet Pg. 87 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 20 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 (2) Commercial Automobile Liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence with respect to each of Grantee’s owned, hired and non-owned vehicles assigned to or used in the operation of the Cable System in the City. The policy shall contain a severability of interest provision. (B) The insurance shall not be canceled or materially changed so as to be out of compliance with these requirements without thirty (30) days’ written notice first provided to the City, via certified mail, and ten (10) days’ notice for nonpayment of premium. If the insurance is canceled or materially altered so as to be out of compliance with the requirements of this subsection within the term of this Franchise, Grantee shall provide a replacement policy. Grantee agrees to maintain continuous uninterrupted insurance coverage, in at least the amounts required, for the duration of this Franchise and, in the case of the Commercial General Liability, for at least one (1) year after expiration of this Franchise. 5.3 Deductibles/Certificate of Insurance Any deductible of the policies shall not in any way limit Grantee’s liability to the City. (A) Endorsements. (1) All policies shall contain, or shall be endorsed so that: (a) The City, its officers, officials, boards, commissions, employees, and agents are to be covered as, and have the rights of, additional insureds with respect to liability arising out of activities performed by, or on behalf of, Grantee under this Franchise or Applicable Law, or in the construction, operation or repair, or ownership of the Cable System; (b) Grantee’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, boards, commissions, employees, and agents. Any insurance or self-insurance maintained by the City, its officers, officials, boards, commissions, employees, and agents shall be in excess of Grantee’s insurance and shall not contribute to it; and (c) Grantee’s insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer’s liability. (B) Acceptability of Insurers. The insurance obtained by Grantee shall be placed with insurers with a Best’s rating of no less than “A -” or better. (C) Verification of Coverage. Grantee shall furnish the City with certificates of insurance and endorsements or a copy of the page of the policy reflecting blanket additional 8.F.a Packet Pg. 88 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 21 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 insured status. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on standard forms or such forms as are consistent with standard industry practices. (D) Self-Insurance. In the alternative to providing a certificate of insurance to the City certifying insurance coverage as required above, Grantee may provide self-insurance in the same amount and level of protection for Grantee and the City, its officers, agents, and employees as otherwise required under this Section. The adequacy of self-insurance shall be subject to the periodic review and approval of the City. 5.4 Security (A) Grantee shall provide a performance bond, in a form acceptable to the City, in the amount of One Hundred Thousand dollars ($100,000) (the “Security”) to ensure the faithful performance of its responsibilities under this Franchise and Applicable Law in accordance with the procedures set forth in the performance bond. Grantee may be required to obtain additional security, such as generally applicable construction bonds, in accordance with the City’s permitting requirements. Grantee shall pay all premiums or costs associated with maintaining the Security, and shall keep the same in full force and effect at all times and shall immediately replenish the bond upon foreclosure. Grantee shall not cancel the Security without obtaining an alternative performance bond in conformance with this Franchise. If there is an uncured breach by Grantee of a material provision of this Franchise or a claim by the City of a pattern of repeated violations of any provision(s) of this Franchise by Grantee, then the City may require, in addition to the bond described herein, and Grantee shall establish and provide within thirty (30) days from receiving notice from the City, to the City as security for the faithful performance by Grantee of all of the provisions of this Franchise, a letter of credit, under terms and conditions and from a financial institution satisfactory to the City, in the amount of fifty thousand dollars ($50,000). (B) In the event that Grantee establishes a letter of credit pursuant to the procedures of this Section, then the letter of credit shall be maintained at fifty thousand dollars ($50,000) until the alleged uncured breach has been resolved. (C) After completion of the procedures set forth in Section 13.1 or other applicable provisions of this Franchise, the letter of credit may be drawn upon by the City for purposes including, but not limited to, the following: (1) Failure of Grantee to pay the City sums due under the terms of this Franchise; (2) Reimbursement of costs borne by the City to correct Franchise violations not corrected by Grantee; 8.F.a Packet Pg. 89 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 22 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 (3) Monetary remedies or damages assessed against Grantee due to default or breach of Franchise requirements; and, (D) The City shall give Grantee written notice of any withdrawal under this subsection upon such withdrawal. Within seven (7) days following receipt of such notice, Grantee shall restore the letter of credit to the amount required under this Franchise. (E) Grantee shall have the right to appeal to the Hearing Examiner for reimbursement in the event Grantee believes that the letter of credit was drawn upon improperly. Grantee shall also have the right of judicial appeal if Grantee believes the letter of credit has not been properly drawn upon in accordance with this Franchise. Any funds the City erroneously or wrongfully withdraws from the letter of credit shall be returned to Grantee with interest, from the date of withdrawal at a rate equal to the prime rate of interest as quoted in the Wall Street Journal. CUSTOMER SERVICE SECTION 6. 6.1 Customer Service Standards Grantee shall comply with the customer service standards of the FCC, as the same may be amended from time to time. The City reserves its right to adopt customer service standards under its police powers and if the City intends to exercise this right, it will enter into discussions with Grantee. 6.2 Subscriber Privacy Grantee shall fully comply with any provisions regarding the privacy rights of Subscribers contained in federal or State law. 6.3 Subscriber Contracts Grantee shall not enter into a contract with any Subscriber which is in any way inconsistent with the terms of this Franchise, or any Exhibit hereto, or the requirements of any applicable Customer Service Standard. Upon request, Grantee will provide to the City a sample of the Subscriber contract or service agreement then in use. 6.4 Notice to the City Grantee shall use reasonable efforts to furnish information provided to Subscribers or the media in the normal course of business to the City. 6.5 Identification of Local Franchise Authority on Subscriber Bills Within sixty (60) days after written request from the City, Grantee shall place the City’s phone number on its Subscriber bills, to identify where a Subscriber may call to address escalated complaints. 8.F.a Packet Pg. 90 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 23 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 REPORTS AND RECORDS SECTION 7. 7.1 Open Records (A) Grantee shall manage all of its operations in accordance with a policy of keeping its documents and records open and accessible to the City. In addition to any other records that may be provided for under any other section of this Franchise, and without limiting the provisions of Section 10 of this Franchise, the City, including the City’s Finance Director and Public Works Director or their designees, shall have access to, and the right to inspect, any books and records of Grantee, its parent corporations and Affiliates, which are reasonably related to the administration or enforcement of the terms of this Franchise, or Grantee’s use and location within the City’s Rights-of-Way. Records subject to this Section 7.1 include, without limitation, FCC filings on behalf of Grantee, its parent corporations, or Affiliates which directly relate to the operation of the Cable System in the City; SEC filings; listing of Cable Services, rates, and Channel line-ups; Cable Services added or dropped; Channel changes; the net number of Subscribers and the number of Subscribers added and terminated; all planned construction activity; Right-of-Way route maps; beginning and ending plant miles; total homes passed for the previous twelve (12) months; and any significant technological changes occurring in the Cable System; federal and State reports; reports of Subscriber complaints in the City and how such complaints are resolved. (B) Grantee shall not deny the City access to any of Grantee’s records on the basis that Grantee’s records are under the control of any parent corporation, Affiliate, or a third party. The City may, in writing, request copies of any such records or books and Grantee shall provide such copies within thirty (30) days of the transmittal of such request. One (1) copy of all reports and records required under this or any other subsection shall be furnished to the City, at the sole expense of Grantee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then Grantee may require that the City or its designee inspect them at Grantee’s local offices. For purposes of clarity, any requirements to provide as- built maps shall not be considered too voluminous or unable to be copied for security purposes with respect to the provisions of this subsection (B). If any books or records of Grantee are not kept in a local office and are not made available in copies to the City or its designee upon written request as set forth above, and if the City determines that an examination of such records is necessary or appropriate for the performance of any of the City’s duties, administration or enforcement of this Franchise, then all reasonable travel and related expenses incurred in making such examination shall be paid by Grantee. 7.2 Confidentiality To the extent that books and records related to the City’s oversight and enforcement authority are confidential, the information may be provided to the City or its duly authorized agent(s) pursuant to a non-disclosure agreement whereby the City and/or its duly authorized agent agrees not to make such information public, to the extent such nondisclosure complies with the State Public Records Act, Chapter 42.56 of the Revised Code of Washington, and to the extent Grantee makes the City or its duly authorized agent aware of such confidentiality. 8.F.a Packet Pg. 91 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 24 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 Grantee shall be responsible for clearly and conspicuously stamping the word “Confidential” on each page that contains confidential or proprietary information, and shall provide a brief written explanation as to why such information is confidential and exempt from public disclosure under State law. As a public agency, records and information provided to or otherwise used by the City may be subject to a request submitted under the state Public Records Act. In such an event, Grantee agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act, subject to Grantee’s rights under this Agreement and RCW 42.56.540. If a request is received for records Grantee has submitted to the City and has identified as confidential, proprietary or protected trade secret material, the City will use its best efforts to provide Grantee with notice of the request in accordance with RCW 42.56.540 and a reasonable time (of no less than 10 days) within which Grantee may seek an injunction to prohibit the City’s disclosure of the requested record. The City is not required to assert on Grantee’s behalf any exemption based on trade secret, proprietary or confidential information, provided, however, the City may assert such exemption if the City itself believes in good faith that an exemption applies to the requested records. Grantee agrees to 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 assertion of an exemption to disclosure under the Public Records Act based upon records claimed or identified by Grantee as confidential, proprietary or protected trade secret material. The provisions of this section shall survive the expiration or termination of this Franchise Agreement. PROGRAMMING SECTION 8. 8.1 Broad Programming Categories Grantee shall provide or enable the provision of at least the following initial broad categories of programming to the extent such categories are reasonably available: (A) Educational programming; (B) Washington news, weather and information; (C) Sports; (D) General entertainment (including movies); (E) Children/family-oriented; (F) Arts, culture, and performing arts; (G) Foreign language; (H) Science/documentary; 8.F.a Packet Pg. 92 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 25 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 (I) National news, weather, and information; and, (J) Public, Educational, and Government Access, to the extent required by this Franchise. 8.2 Deletion or Reduction of Broad Programming Categories (A) Grantee shall not delete or so limit as to effectively delete any broad category of programming within its control without the prior written consent of the City. (B) In the event of a modification proceeding under federal law, the mix and quality of Cable Services provided by Grantee on the Effective Date of this Franchise shall be deemed the mix and quality of Cable Services required under this Franchise throughout its term. 8.3 Obscenity Grantee shall not transmit, or permit to be transmitted over any Channel subject to its editorial control, any programming which is obscene under, or violates any provision of, Applicable Law relating to obscenity, and which is not protected by the Constitution of the United States. Grantee shall be deemed to have transmitted or permitted a transmission of obscene programming only if a court of competent jurisdiction has found that any of Grantee’s officers or employees or agents have permitted programming that is obscene under, or violative of, any provision of Applicable Law relating to obscenity, and is otherwise not protected by the Constitution of the United States, to be transmitted over any Channel subject to Grantee’s editorial control. Grantee shall comply with all relevant provisions of federal law relating to obscenity. 8.4 Parental Control Device Upon request by any Subscriber, Grantee shall make available a parental control or lockout device, traps, or filters to enable a Subscriber to control access to both the audio and video portions of any or all Channels. Grantee shall inform its Subscribers of the availability of the lockout device at the time of their initial subscription and periodically thereafter. Any device offered shall be at a rate, if any, in compliance with Applicable Law. 8.5 Continuity of Service Mandatory (A) It shall be the right of all Subscribers to continue to receive Cable Service from Grantee insofar as their financial and other obligations to Grantee are honored. Grantee shall act so as to ensure that all Subscribers receive continuous, uninterrupted Cable Service regardless of the circumstances. For the purposes of this subsection, “uninterrupted” does not include short- term outages of the Cable System for maintenance or testing. (B) In the event of a change of Grantee, or in the event a new Cable Operator acquires the Cable System in accordance with this Franchise, Grantee shall cooperate with the City, new franchisee or Cable Operator in maintaining continuity of Cable Service to all Subscribers. 8.F.a Packet Pg. 93 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 26 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 During any transition period, Grantee shall be entitled to the revenues for any period during which it operates the Cable System, and shall be entitled to reasonable costs for its services when it no longer operates the Cable System. (C) In the event Grantee fails to operate the Cable System for four (4) consecutive days without prior approval of the Chief Administrative Officer, or without just cause, the City may, at its option, operate the Cable System itself or designate another Cable Operator to operate the Cable System until such time as Grantee restores service under conditions acceptable to the City or a permanent Cable Operator is selected. If the City is required to fulfill this obligation for Grantee, Grantee shall reimburse the City for all reasonable costs or damages that are the result of Grantee’s failure to perform. 8.6 Services for the Disabled Grantee shall comply with the Americans with Disabilities Act and any amendments thereto. ACCESS SECTION 9. 9.1 Designated Access Providers (A) The City shall have the sole and exclusive responsibility for identifying the Designated Access Providers, including itself, for Access purposes, to control and manage the use of any or all Access Facilities provided by Grantee under this Franchise. As used in this Section, such “Access Facilities” include the Channels, services, facilities, equipment, technical components and/or financial support provided under this Franchise, which are used or useable by and for Public Access, Educational Access, and Government Access (“PEG” or “PEG Access”). (B) Grantee shall cooperate with the City in the City’s efforts to provide Access programming, but will not be responsible or liable for any damages resulting from a claim in connection with the programming placed on the Access Channels by the Designated Access Provider. 9.2 Channel Capacity and Use (A) Grantee shall make available to the City two (2) Downstream Channels for PEG use as provided for in this Section. (B) Standard Definition (“SD”) Digital Access Channels. (1) Grantee shall provide one (1) Activated Downstream Channel for PEG Access use in a standard definition (“SD”) digital format in Grantee’s Basic Service (“SD Access Channel”). Grantee shall carry all components of the SD Access Channel Signals provided by a Designated Access Provider including, but not limited to, closed captioning, stereo audio, and other elements associated with the Programming. A Designated Access Provider shall be responsible for providing the SD Access Channel 8.F.a Packet Pg. 94 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 27 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 Signal in an SD format to the demarcation point at the designated point of origination for the SD Access Channel. At such time as the HD Access Channel described in subsection (C) below is activated, the Designated Access Provider will provide only an HD Access Channel Signal in an HD format. At that time, Grantee will broadcast the HD signal on the HD Access Channel and also downconvert the HD signal for additional broadcast on the SD Access Channel. Grantee shall transport and distribute the SD Access Channel signal on its Cable System and shall not unreasonably discriminate against SD Access Channels with respect to accessibility and functionality, and not unreasonably discriminate as to the application of any applicable FCC Rules & Regulations, including without limitation Subpart K Channel signal standards. (2) With respect to signal quality, Grantee shall not be required to carry a SD Access Channel in a higher quality format than that of the SD Access Channel signal delivered to Grantee, but Grantee shall distribute the SD Access Channel signal without degradation. Upon reasonable written request by a Designated Access Provider, Grantee shall verify signal delivery to Subscribers with the Designated Access Provider, consistent with the requirements of this subsection 9.2(B). (3) Grantee shall be responsible for costs associated with the transmission of SD Access signals on its side of the demarcation point, which for the purposes of this subsection 9.2 (B)(3), shall mean up to and including the modulator where the City signal is converted into a format to be transmitted over a fiber connection to Grantee. The City or Designated Access Provider shall be responsible for costs associated with SD Access signal transmission on its side of the demarcation point. (4) SD Access Channels may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those Tiers of Cable Service, upon which SD Channels are made available. Grantee is not required to provide free SD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (C) High Definition (“HD”) Digital Access Channels. (1) After the Effective Date and within one hundred twenty (120) days’ written notice, Grantee shall activate one (1) HD Access Channel(s), for which the City may provide Access Channel signals in HD format to the demarcation point at the designated point of origination for the Access Channel. (a) The City shall, in its written notice to Grantee as provided for in this Section, confirm that it or its Designated Access Provider has the capabilities to produce, has been producing and will produce programming in an HD format for the newly activated HD Access Channel; and, 8.F.a Packet Pg. 95 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 28 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 (b) There will be a minimum of five (5) hours per-day, five days per- week of HD PEG programming available for the HD Access Channel. For the purposes of this subsection, character-generated programming (i.e., community bulletin boards) shall not satisfy, in whole or in part, this programming requirement. (2) The City shall be responsible for providing the HD Access Channel signal in an HD digital format to the demarcation point at the designated point of origination for the HD Access Channel. For purposes of this Franchise, an HD signal refers to a television signal delivering picture resolution of either 720p or 1080i, or such other resolution in this same range that Grantee utilizes for other similar non-sport, non-movie programming channels on the Cable System, whichever is greater. (3) Grantee shall transport and distribute the HD Access Channel signal on its Cable System and shall not discriminate against the HD Access Channel with respect to accessibility, functionality, and to the application of any applicable FCC Rules & Regulations, including without limitation Subpart K Channel signal standards. With respect to signal quality, Grantee shall not be required to carry the HD Access Channel in a higher quality format than that of the HD Access Channel signal delivered to Grantee, but Grantee shall distribute the HD Access Channel signal without degradation. Grantee shall carry all components of the HD Access Channel signals provided by the Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. Upon reasonable written request by the City, Grantee shall verify signal delivery to Subscribers with the City, consistent with the requirements of this subsection 9.2(C). (4) HD Access Channels may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those Tiers of Cable Service, upon which the HD Channel is made available. Grantee is not required to provide free HD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (5) The City or any Designated Access Provider is responsible for acquiring all equipment necessary to produce programming in HD. (6) Grantee shall cooperate with the City to procure and provide, at City’s cost, all necessary transmission equipment from the Designated Access Provider channel origination point, at Grantee’s Headend and through Grantee’s distribution system, in order to deliver the HD Access Channel. The City shall be responsible for the costs of all transmission equipment, including HD modulator and demodulator, encoder or decoder equipment, and multiplex equipment, required in order for Grantee to receive and distribute the HD Access Channel signal, or for the cost of any resulting upgrades to the video return line. The City and Grantee agree that such expense of acquiring and installing the transmission equipment or upgrades to the video return line qualifies as a capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. 8.F.a Packet Pg. 96 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 29 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 Section 542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG capital fees provided for in this Franchise. (D) Grantee shall simultaneously carry the one (1) initial HD Access Channel provided for in subsection 9.2(C) in high definition format on the Cable System, in addition to simultaneously carrying in standard definition format the SD Access Channels provided pursuant to subsection 9.2(B). (E) There shall be no restriction on Grantee’s technology used to deploy and deliver SD or HD signals so long as the requirements of the Franchise are otherwise met. Grantee may implement HD carriage of the PEG Channel in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the Subscriber that is reasonably comparable and functionally equivalent to similar commercial HD Channels carried on the Cable System. In the event the City believes that Grantee fails to meet this standard, the City will notify Grantee of such concern, and Grantee will respond to any complaints in a timely manner. 9.3 Access Channel Assignments Grantee will use reasonable efforts to minimize the movement of SD and HD Access Channel assignments. In addition, Grantee will make reasonable efforts to locate HD Access Channels provided pursuant to Section 9.2(C) in a location on its HD Channel lineup that is easily accessible to Subscribers. 9.4 Relocation of Access Channels Grantee shall provide City a minimum of sixty (60) days’ notice, and use its best efforts to provide one hundred and twenty (120) days’ notice, prior to the time PEG Access Channel designations are changed. 9.5 Support for PEG Access and Network Costs (A) During the term of this Franchise Agreement, Grantee shall provide the following contribution on a per month per Residential Subscriber basis (the “PEG Contribution”) to be used solely for capital costs related to PEG Access, including the City’s institutional network connections, or as may be permitted by Applicable Law: (1) Sixty (60) days after the Effective Date, and for a one (1) year period, Grantee shall collect from Subscribers and remit to the City a PEG Contribution of forty one cents ($0.41) per Residential Subscriber per month. (2) The PEG Contribution shall increase to fifty cents ($0.50) per Residential Subscriber per month starting two (2) years after the Effective Date of this Franchise. 8.F.a Packet Pg. 97 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 30 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 (3) The PEG Contribution shall increase to sixty cents ($0.60) per Residential Subscriber per month starting three (3) years after the Effective Date of this Franchise through the tenth (10) year of this Franchise. (4) For purposes of this Section only, the PEG Contribution fee shall not be collected and remitted on the Cable Services received by Subscribers residing in Multiple Dwelling Units billed on a bulk-billing basis or Subscribers receiving Cable Service on a gratis or complimentary basis. Grantee shall make PEG Contribution payments quarterly, following the effective date of this Franchise Agreement for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than thirty (30) days following the end of the quarter. The City shall have sole discretion to allocate the expenditure of such payments for any capital costs related to PEG Access. The parties agree that this Franchise shall provide the City discretion to utilize the PEG Contribution for new internal network connections and enhancements to the City’s existing network. (5) If the City exercises its option to terminate the Dark Fiber Agreement set forth in Section 12.2 prior to the expiration of its term, Comcast shall reduce the PEG Fee to thirty cents ($0.30) per Residential Subscriber per month from the date of such exercise through the remaining term of this Franchise. 9.6 Access Support Not Franchise Fees Grantee agrees that capital support for Access costs arising from or relating to the obligations set forth in this Section shall in no way modify or otherwise affect Grantee’s obligations to pay Franchise Fees to the City. Grantee agrees that although the sum of Franchise Fees plus the payments set forth in this Section may total more than five percent (5%) of Grantee’s Gross Revenues in any 12-month period, the PEG Contribution shall not be offset or otherwise credited in any way against any Franchise Fee payments under this Franchise Agreement so long as such support is used for capital Access purposes consistent with this Franchise and Applicable Law. 9.7 Access Channels on Basic Service or Lowest Priced HD Service Tier All SD Access Channels under this Franchise Agreement shall be included by Grantee, without limitation, as part of Basic Service. All HD Access Channels under this Franchise Agreement shall be included by Grantee, without limitation, as part of the lowest priced Tier of HD Cable Service upon which Grantee provides HD programming content. 9.8 Change in Technology In the event Grantee makes any change in the Cable System and related equipment and Facilities or in Grantee’s signal delivery technology which directly or indirectly affects the signal quality or transmission of Access services or programming, Grantee shall at its own expense take necessary technical steps or provide necessary technical assistance, including the acquisition of 8.F.a Packet Pg. 98 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 31 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 all necessary equipment and full training of City’s Access personnel to ensure that the capabilities of Access services are not diminished or adversely affected by such change. If the City implements a new video delivery technology that is currently offered and can be accommodated on Grantee’s local Cable System, then the same provisions above shall apply. If the City implements a new video delivery technology that is not currently offered on and/or that cannot be accommodated by Grantee’s local Cable System, then the City shall be responsible for acquiring all necessary equipment, facilities, technical assistance, and training to deliver the signal to Grantee’s Headend for distribution to Subscribers. 9.9 Technical Quality Grantee shall maintain all Upstream and Downstream Access services and Channels on its side of the demarcation point at the same level of technical quality and reliability required by this Franchise Agreement and all other Applicable Laws, rules, and regulations for Residential Subscriber Channels. Grantee shall provide routine maintenance for all transmission equipment on its side of the demarcation point, including modulators, decoders, multiplex equipment, and associated cable and equipment necessary to carry a quality signal to and from the City’s facilities for the Access Channels provided under this Franchise Agreement. Grantee shall also provide, if requested in advance by the City, advice and technical expertise regarding the proper operation and maintenance of transmission equipment on the City’s side of the demarcation point. The City shall be responsible for all initial and replacement costs of all HD modulator and demodulator equipment. The City shall also be responsible, at its own expense, to replace any of Grantee’s equipment that is damaged by the gross negligence or intentional acts of City staff. Grantee shall be responsible, at its own expense, to replace any of Grantee’s equipment that is damaged by the gross negligence or intentional acts of Grantee’s staff. The City will be responsible for the cost of repairing and/or replacing any HD PEG Access transmission equipment that Grantee maintains that is used exclusively for transmission of the City’s and/or its Designated Access Providers’ HD Access programming. 9.10 Return Lines/Access Origination (A) Grantee shall continuously maintain the PEG/I-Net return lines previously constructed to City Hall, Kent, throughout the term of the Franchise, in order to enable the distribution of Access programming to Residential Subscribers on the Access Channels; provided, however, that Grantee’s maintenance obligations with respect to either of these locations shall cease if a location is no longer used in the future by the City to originate Access programming. (B) Grantee shall construct and maintain new Fiber Optic return lines to the Headend from production facilities of new or relocated Designated Access Providers delivering Access programming to Residential Subscribers as requested in writing by the City. All actual construction costs incurred by Grantee from the nearest interconnection point to the Designated Access Provider shall be paid by the City or the Designated Access Provider. New return lines shall be completed within one (1) year from the request of the City or its Designated Access Provider, or as otherwise agreed to by the parties. If an emergency situation necessitates 8.F.a Packet Pg. 99 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 32 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 movement of production facilities to a new location, the parties shall work together to complete the new return line as soon as reasonably possible. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION SECTION 10. 10.1 Right to Construct Subject to Applicable Law, regulations, rules, resolutions, and ordinances of the City and the provisions of this Franchise, Grantee may perform all construction in the Rights-of-Way for any facility needed for the maintenance or extension of Grantee’s Cable System. 10.2 Right-of-Way Meetings Grantee will regularly attend and participate in meetings of the City, of which Grantee is made aware, regarding Right-of-Way issues that may impact the Cable System. 10.3 Joint Trenching/Boring Meetings Grantee will regularly attend and participate in planning meetings of the City of which Grantee is made aware to anticipate joint trenching and boring. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, Grantee shall work with other providers, licensees, permittees, and franchisees in order to reduce as much as possible the number of Right-of-Way cuts within the City. 10.4 General Standard All work authorized and required hereunder shall be done in a safe, thorough, and workmanlike manner. All installations of equipment shall be permanent in nature, durable, and installed in accordance with good engineering practices consistent with applicable permit requirements. 10.5 Permits Required for Construction Prior to doing any work in the Right-of Way or other public property, Grantee shall apply for and obtain appropriate permits from the City. As part of the permitting process, the City may impose such conditions and regulations as are necessary for the purpose of protecting any structures in such Rights-of-Way, proper restoration of such Rights-of-Way and structures, the protection of the public, and the continuity of pedestrian or vehicular traffic. Such conditions may also include the provision of a construction schedule and maps showing the location of the facilities to be installed in the Right-of-Way. Grantee shall pay all applicable fees for the requisite City permits received by Grantee. 8.F.a Packet Pg. 100 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 33 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 10.6 Emergency Permits In the event that emergency repairs are necessary, Grantee shall immediately notify the City of the need for such repairs. Grantee may initiate such emergency repairs and shall apply for appropriate permits within forty-eight (48) hours after discovery of the emergency. 10.7 Compliance with Applicable Codes (A) City Construction Codes. Grantee shall comply with all applicable State and City construction codes, including without limitation the City of Kent Design and Construction Standards; the State building codes adopted through the State Building Code Council and as amended locally by the City, including without limitation the International Building Code, the International Fire Code, and the International Mechanical Code; the Electronic Industries Association Standard for Physical Location and Protection of Below-Ground Fiber Optic Cable Plant; and all applicable zoning codes and regulations. (B) Tower Specifications. Antenna supporting structures (towers) shall be designed for the proper loading as specified by the Electronics Industries Association (EIA), as those specifications may be amended from time to time. Antenna supporting structures (towers) shall be painted, lighted, erected, and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable federal, State, and local codes or regulations. (C) Safety Codes. Grantee shall comply with all federal, State, and City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as required by Applicable Law during construction, operation, and repair of its Cable System. By way of illustration and not limitation, Grantee shall comply with the National Electric Code, National Electrical Safety Code, and Occupational Safety and Health Administration (OSHA) Standards. 10.8 Minimal Interference Work in the Right-of-Way, on other public property, near public property, or on or near private property shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. Grantee’s Cable System shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of the City, or with any other pipes, wires, conduits, pedestals, structures, or other facilities that may have been laid in the Rights-of-Way by or under the City’s authority. Grantee’s Cable System shall be located, erected, and maintained so as not to endanger or interfere with the lives of Persons, or to interfere with new improvements the City may deem proper to make, or to unnecessarily hinder or obstruct the free use of the Rights-of-Way or other public property, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation, or removal thereof, and shall not obstruct or impede traffic. In the event of such interference, the City may require the removal or relocation of 8.F.a Packet Pg. 101 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 34 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 Grantee’s lines, cables, equipment, and other appurtenances from the property in question at Grantee’s expense. 10.9 Prevent Injury/Safety Grantee shall provide and use any equipment and facilities necessary to control and carry Grantee’s signals so as to prevent injury to the City’s property or property belonging to any Person. Grantee, at its own expense, shall repair, renew, change, and improve its facilities to keep them in good repair, and safe and presentable condition. All excavations made by Grantee in the Rights-of-Way shall be properly safeguarded for the prevention of accidents by the placement of adequate barriers, fences or boarding, the bounds of which during periods of dusk and darkness shall be clearly designated by warning lights. Further, any street cuts made and repaired shall be performed in accordance with all City construction codes. 10.10 Hazardous Substances (A) Grantee shall comply with any and all Applicable Laws, statutes, regulations and orders concerning hazardous substances relating to Grantee’s Cable System in the Rights-of- Way. (B) Upon reasonable notice to Grantee, the City may inspect Grantee’s facilities in the Rights-of-Way to determine if any release of hazardous substances has occurred or may occur from or related to Grantee’s Cable System. In removing or modifying Grantee’s facilities as provided in this Franchise, Grantee shall also remove all residue of hazardous substances related thereto. (C) The provisions of Section 5.1 shall apply to any claims against the City arising out of a release of hazardous substances caused by Grantee’s Cable System. 10.11 Locates Prior to doing any work in the Right-of-Way, Grantee shall give appropriate notices to the City and to the notification association established in Ch. 19.122 RCW, as amended. Within forty-eight (48) hours after any City employee, contractor, franchisee, licensee, or permittee notifies Grantee of a proposed Right-of-Way excavation or the need for a design locate, Grantee shall, at Grantee’s expense: (A) Mark on the surface all of its located underground facilities within the area of the proposed excavation or design; (B) Notify the excavator of any unlocated underground facilities in the area of the proposed excavation or design; or (C) Notify the excavator that Grantee does not have any underground facilities in the vicinity of the proposed excavation or design. 8.F.a Packet Pg. 102 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 35 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 10.12 Notice to Private Property Owners Except in the case of an emergency involving public safety or service interruption to a large number of customers, Grantee shall give reasonable advance notice to private property owners or legal tenants of work on or adjacent to private property prior to entering upon private premises. Nothing herein shall be construed as authorizing access or entry to private property or any other property where such right to access or entry is not otherwise provided by law. 10.13 Underground Construction and Use of Poles (A) When required by general ordinances, resolutions, regulations, or rules of the City or applicable State or federal law, Grantee’s Cable System shall be placed underground at Grantee’s expense, unless funding is generally available for such relocation to all users of the Rights-of-Way. Placing facilities underground does not preclude the use of ground-mounted appurtenances. (B) Where electric, telephone, and other above-ground utilities are installed underground at the time of Cable System construction, or when all such wiring is subsequently placed underground, all Cable System lines shall also be placed underground with other wireline service at no expense to the City. Related Cable System equipment, such as pedestals, must be placed in accordance with the City’s applicable code requirements and rules. In areas where either electric or telephone utility wiring is aerial, Grantee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. (C) Grantee shall utilize existing poles and conduit wherever possible. (D) In the event Grantee cannot obtain the necessary poles and related facilities pursuant to a pole attachment agreement, and only in such event, then it shall be lawful for Grantee to make all needed excavations in the Rights-of-Way for the purpose of placing, erecting, laying, maintaining, repairing, and removing poles, supports for wires and conductors, and any other facility needed for the maintenance or extension of Grantee’s Cable System. All poles of Grantee shall be located as designated by the proper City authorities. (E) This Franchise does not grant, give, or convey to Grantee the right or privilege to install its facilities in any manner on specific utility poles or equipment of the City or any other Person. (F) Grantee and the City recognize that situations may occur in the future where the City may desire to place its own cable or conduit for Fiber Optic cable in trenches or bores opened by Grantee. Grantee agrees to cooperate with the City in any construction by Grantee that involves trenching or boring, provided that the City has first notified Grantee in some manner that it is interested in sharing the trenches or bores in the area where Grantee’s construction is occurring and the City enters into a contract with Grantee consistent with RCW 8.F.a Packet Pg. 103 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 36 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 80.36.150, this Franchise and the Municipal Code. Grantee shall allow the City to lay its cable, conduit, and Fiber Optic cable in Grantee’s trenches and bores, provided there is reasonable space available and the City shares in the cost of the trenching and boring on the same terms and conditions as Grantee, or otherwise in accordance with Applicable Law. The City shall be responsible for maintaining its respective cable, conduit, and Fiber Optic cable buried in Grantee’s trenches and bores under this subsection. Any conduit, cable or Fiber Optic Cable installed pursuant to this subsection shall not be used for the purpose of competing with Grantee in the provision of Cable Services. 10.14 Undergrounding of Multiple Dwelling Unit Drops In cases of single site Multiple Dwelling Units, Grantee shall minimize the number of individual aerial drop cables by installing multiple drop cables underground between the pole and Multiple Dwelling Units where determined to be technologically feasible in agreement with the owner and/or owner’s association of the Multiple Dwelling Units. 10.15 Burial Standards (A) Depths. Unless otherwise required by law, Grantee and its contractors shall comply with the following burial depth standards. In no event shall Grantee be required to bury its cable deeper than electric or gas facilities or existing telephone facilities in the same portion of the Right-of-Way, so long as those facilities have been buried in accordance with Applicable Law: (1) Underground cable drops from the curb shall be buried at a minimum depth of twelve (12) inches unless a sprinkler system or other construction concerns preclude it, in which case underground cable drops shall be buried at a depth of at least six (6) inches. (2) Feeder lines shall be buried at a minimum depth of eighteen (18) inches. (3) Trunk lines shall be buried at a minimum depth of thirty-six (36) inches. (4) Fiber Optic cable shall be buried at a minimum depth of thirty-six (36) inches. In the event of a conflict between this subsection and any generally applicable construction code standard, the generally applicable construction code standard shall control. (B) Timeliness. Cable drops installed by Grantee to residences shall be buried according to these standards within one (1) calendar week of initial installation, or at a time mutually-agreed upon between Grantee and the Subscriber. When freezing surface conditions prevent Grantee from achieving such timetable, Grantee shall apprise the Subscriber of the circumstances and the revised schedule for burial, and shall provide the Subscriber with Grantee’s telephone number and instructions as to how and when to call Grantee to request burial of the line if the revised schedule is not met. 8.F.a Packet Pg. 104 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 37 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 10.16 Cable Drop Bonding Grantee shall ensure that all cable drops are properly bonded at the home, consistent with applicable code requirements. 10.17 Prewiring Any ordinance or resolution of the City that requires prewiring of subdivisions or other developments for electrical and telephone service shall be construed to include wiring for Cable Systems. 10.18 Repair and Restoration of Property (A) Grantee shall protect public and private property from damage. If damage occurs, Grantee shall promptly notify the property owner within twenty-four (24) hours in writing. (B) Whenever Grantee disturbs or damages any Right-of-Way, other public property or any private property, Grantee shall promptly restore the Right-of-Way or property to at least its prior condition, normal wear and tear excepted, at its own expense. (C) Rights-of-Way and Other Public Property. Grantee shall warrant any restoration work performed by or for Grantee in the Right-of-Way or on other public property in accordance with Applicable Law. If restoration is not satisfactorily performed by Grantee within a reasonable time, the City may, after prior notice to Grantee, or without notice where the disturbance or damage may create a risk to public health or safety, cause the repairs to be made and recover the cost of those repairs from Grantee. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, materials, and equipment, Grantee shall pay the City. (D) Private Property. Upon completion of the work which caused any disturbance or damage, Grantee shall promptly commence restoration of private property and will use best efforts to complete the restoration within seventy-two (72) hours, considering the nature of the work that must be performed. 10.19 Acquisition of Facilities Upon Grantee’s acquisition of Cable System-related facilities in any City Right-of-Way, or upon the addition to the City of any area in which Grantee owns or operates any such facility, Grantee shall, at the City’s request, submit to the City a statement describing all such facilities involved, whether authorized by franchise, permit, license or other prior right, and specifying the location of all such facilities to the extent Grantee has possession of such information. Such Cable System-related facilities shall immediately be subject to the terms of this Franchise. 8.F.a Packet Pg. 105 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 38 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 10.20 Discontinuing Use/Abandonment of Cable System Facilities Whenever Grantee intends to discontinue using any facility within the Rights-of-Way, Grantee shall submit for the City’s approval a complete description of the facility and the date on which Grantee intends to discontinue using the facility. Grantee may remove the facility or request that the City permit it to remain in place. Notwithstanding Grantee’s request that any such facility remain in place, the City may require Grantee to remove the facility from the Right- of-Way or modify the facility to protect the public health, welfare, safety and convenience, or otherwise serve the public interest at no cost to the City. The City may require Grantee to perform a combination of modification and removal of the facility. Grantee shall complete such removal or modification in accordance with a schedule set by the City. Until such time as Grantee removes or modifies the facility as directed by the City, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Grantee shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the Right-of-Way, in the same manner and degree as if the facility were in active use, and Grantee shall retain all liability for such facility. If Grantee abandons its facilities, the City may choose to use such facilities for any purpose whatsoever, including but not limited to Access purposes. 10.21 Survey, Locates and Movement of Cable System Facilities for City Purposes (A) Within thirty (30) days of the City’s request, Grantee shall submit as-built plans verified by a professional engineer as to exact location of Grantee’s facilities, or other information as the City may request that identifies the exact location of Grantee’s facilities, within the boundaries of the area requested by the City. Grantee shall determine and advise the City of the exact location of Grantee’s facilities without cost to the City, its contractors, or any authorized agents. (B) The City shall have the right to require Grantee to, at the City’s request, locate (which may include potholing) and survey Grantee’s facilities and equipment, relocate, remove, replace, modify or disconnect Grantee’s facilities and equipment located in the Rights-of-Way or on any other property of the City for public purposes, in the event of an emergency; or when the public health, safety, or welfare requires such change. For example, without limitation, this movement of or the request to locate Grantee’s facilities may be needed by reason of traffic conditions, public safety, Right-of-Way vacation, Right-of-Way construction, change or establishment of Right-of-Way grade, installation of sewers, drains, gas or water pipes, or any other types of structures or improvements by the City for public purposes. Such work shall be performed at Grantee’s expense. Except when a shorter time is necessitated due to an emergency, Grantee shall, within forty-five (45) days’ written notice by the City, or such longer period as the City may specify, complete all work to temporarily or permanently relocate, remove, replace, modify, or disconnect any of its facilities and equipment located in the Rights- of-Way or on any other property of the City. In the event of any capital improvement project exceeding five hundred thousand dollars( $500,000) in expenditures by the City, which requires the removal, replacement, modification, or disconnection of Grantee’s facilities or equipment, the City shall provide at least sixty (60) days’ written notice to Grantee. Following notice by the 8.F.a Packet Pg. 106 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 39 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 City, if all users of the Right-of-Way relocate aerial facilities underground as part of an undergrounding project, Grantee shall participate in the planning for relocation of its aerial facilities contemporaneously with other utilities. If the City requires Grantee to relocate its facilities located within the Rights-of-Way, the City will work collaboratively with Grantee to identify available alternate locations within the Rights-of-Way for Grantee to relocate its facilities at Grantee’s cost. If Grantee fails to complete this work within the time prescribed above and to the City’s satisfaction, the City may cause such work to be done and bill the cost of the work to Grantee, including all costs and expenses incurred by the City due to Grantee’s delay. In such event, the City shall not be liable for any damage to any portion of Grantee’s Cable System. Within thirty (30) days of receipt of an itemized list of those costs, Grantee shall pay the City. In any event, if Grantee fails to timely relocate, remove, replace, modify or disconnect Grantee’s facilities and equipment, and that delay results in any delay damage accrued by or against the City, Grantee will be liable for all documented costs of construction delays attributable to Grantee’s failure to timely act. Grantee reserves the right to challenge any determination by the City of costs for construction delays related to an alleged failure to act in accordance with this subsection 10.21. 10.22 Reimbursement of Grantee Costs Grantee specifically reserves any rights it may have under Applicable Law for reimbursement of costs related to undergrounding or relocation of the Cable System, and nothing herein shall be construed as a waiver of such rights. 10.23 Movement of Cable System Facilities for Other Franchise Holders If any removal, replacement, modification, or disconnection of the Cable System is required to accommodate the construction, operation, or repair of the facilities or equipment of another City franchise holder, Grantee shall, after at least thirty (30) days’ advance written notice, take action to effect the necessary changes requested by the responsible entity. Grantee may require that the costs associated with the removal or relocation be paid by the benefited party. 10.24 Temporary Changes for Other Permittees At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower, or remove its wires as necessary to permit the moving of a building, vehicle, equipment, or other item. The expense of such temporary changes must be paid by the permit holder, and Grantee may require a reasonable deposit of the estimated payment in advance. 10.25 Reservation of City Use of Right-of-Way Nothing in this Franchise shall prevent the City or public utilities owned, maintained, or operated by public entities other than the City from constructing sewers, grading, paving, repairing or altering any Right-of-Way, laying down, repairing, or removing water mains or 8.F.a Packet Pg. 107 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 40 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure, or prevent the use and operation of Grantee’s Cable System. 10.26 Tree Trimming Grantee may prune or cause to be pruned, using proper pruning practices, any tree in the City’s Rights-of-Way which interferes with Grantee’s Cable System. Grantee shall comply with any general ordinance or regulations of the City regarding tree trimming. Except in emergencies, Grantee may not prune trees at a point below thirty (30) feet above sidewalk grade until one (1) week’s written notice has been given to the owner or occupant of the premises abutting the Right-of-Way in or over which the tree is growing. The owner or occupant of the abutting premises may prune such tree at his or her own expense during this one (1) week period. If the owner or occupant fails to do so, Grantee may prune such tree at its own expense. For purposes of this subsection, emergencies exist when it is necessary to prune to protect the public or Grantee’s facilities from imminent danger only. 10.27 Inspection of Construction and Facilities The City may inspect any of Grantee’s facilities, equipment, or construction at any time upon at least twenty-four (24) hours’ notice or, in case of emergency, upon demand without prior notice. The City shall have the right to charge generally applicable inspection fees therefore. If an unsafe condition is found to exist, the City, in addition to taking any other action permitted under Applicable Law, may order Grantee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City establishes. The City has the right to correct, inspect, administer and repair the unsafe condition if Grantee fails to do so and to charge Grantee for its costs. 10.28 Stop Work (A) On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City. (B) The stop work order shall: (1) Be in writing; (2) Be given to the Person doing the work, or posted on the work site; (3) Be sent to Grantee by overnight delivery at the address given herein; (4) Indicate the nature of the alleged violation or unsafe condition; and (5) Establish conditions under which work may be resumed. 8.F.a Packet Pg. 108 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 41 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 Grantee shall be liable for all costs incurred by the City and associated with Grantee’s violation and the City’s issuance of the stop work order. Grantee reserves the right to challenge any City determination of Grantee’s obligations under this Section. 10.29 Work of Contractors and Subcontractors Grantee’s contractors and subcontractors shall be licensed and bonded in accordance with the City’s ordinances, regulations, and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors, subcontractors, and others performing work on its behalf as if the work were performed by it, and shall ensure that all such work is performed in compliance with this Franchise and other Applicable Law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee’s responsibility to ensure that contractors, subcontractors, or other Persons performing work on Grantee’s behalf are familiar with the requirements of this Franchise and other Applicable Law governing the work performed by them. CABLE SYSTEM, TECHNICAL STANDARDS AND TESTING SECTION 11. 11.1 Subscriber Network (A) Prior to the Effective Date of this Franchise, the parties acknowledge that Grantee undertook a voluntary upgrade of its Cable System to a hybrid fiber coaxial (HFC) fiber-to-the- node system architecture, with Fiber Optic cable deployed from its Headend to nodes and tying into a coaxial system serving Subscribers. The Cable System is capable of delivering high quality signals that meet or exceed FCC technical quality standards regardless of any particular manner in which the signal is transmitted. (B) Equipment must be installed so that all closed captioning programming received by the Cable System shall include the closed caption signal so long as the closed caption signal is provided consistent with FCC standards. Equipment must be installed so that all local signals received in stereo or with secondary audio tracks (broadcast and Access) are retransmitted in those same formats. (C) All construction shall be subject to the City’s permitting process. (D) Grantee and the City shall meet, at the City’s request, to discuss the progress of the design plan and construction. (E) Grantee will take prompt corrective action if it finds that any facilities or equipment on the Cable System are not operating as expected, or if it finds that facilities and equipment do not comply with the requirements of this Franchise or Applicable Law. (F) Grantee’s construction decisions shall be based solely upon legitimate engineering decisions and shall not take into consideration the income level of any particular community within the Franchise Area. 8.F.a Packet Pg. 109 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 42 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 11.2 Standby Power Grantee’s Cable System Headend shall be capable of providing at least twelve (12) hours of emergency operation. In addition, throughout the term of this Franchise, Grantee shall have a plan in place, along with all resources necessary for implementing such plan, for dealing with outages of more than four (4) hours. This outage plan and evidence of requisite implementation resources shall be presented to the City no later than thirty (30) days following receipt of a request. 11.3 Emergency Alert Capability Grantee shall provide an operating Emergency Alert System (“EAS”) throughout the term of this Franchise in compliance with FCC standards. Grantee shall test the EAS as required by the FCC. Upon request, the City shall be permitted to participate in and/or witness the EAS testing up to twice a year on a schedule formed in consultation with Grantee. If the test indicates that the EAS is not performing properly, Grantee shall make any necessary adjustment to the EAS, and the EAS shall be retested. 11.4 Technical Performance The technical performance of the Cable System shall meet or exceed all applicable federal (including but not limited to the FCC), State and local technical standards, as they may be amended from time to time, regardless of the transmission technology utilized. The City shall have the full authority permitted by Applicable Law to enforce compliance with these technical standards. 11.5 Cable System Performance Testing (A) Grantee shall provide to the City a copy of its current written process for resolving complaints about the quality of the video programming services signals delivered to Subscriber and shall provide the City with any amendments or modifications to the process at such time as they are made. (B) Grantee shall, at Grantee’s expense, maintain all aggregate data of Subscriber complaints related to the quality of the video programming service signals delivered by Grantee in the City for a period of at least one (1) year, and individual Subscriber complaints from the City for a period of at least three (3) years, and make such information available to the City at Grantee’s office upon reasonable request. (C) Grantee shall maintain written records of all results of its Cable System tests performed by or for Grantee. Copies of such test results will be provided to the City upon reasonable request. (D) Grantee shall perform any tests required by the FCC. 8.F.a Packet Pg. 110 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 43 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 11.6 Additional Tests Where there exists other evidence which in the judgment of the City casts doubt upon the reliability or technical quality of Cable Service, the City shall have the right and authority to require Grantee to test, analyze and report on the performance of the Cable System. Grantee shall fully cooperate with the City in performing such testing and shall prepare the results and a report, if requested, within thirty (30) days after testing. Such report shall include the following information: (A) the nature of the complaint or problem which precipitated the special tests; (B) the Cable System component tested; (C) the equipment used and procedures employed in testing; (D) the method, if any, in which such complaint or problem was resolved; and (E) any other information pertinent to said tests and analysis which may be required. SERVICE AVAILABILITY, INTERCONNECTION AND SERVICE SECTION 12. TO SCHOOLS AND PUBLIC BUILDINGS 12.1 Service Availability (A) In General. Except as otherwise provided herein, Grantee shall provide Cable Service within seven (7) days of a request by any Person within the City. For purposes of this Section, a request shall be deemed made on the date of signing a service agreement, receipt of funds by Grantee, receipt of a written request by Grantee or receipt by Grantee of a verified verbal request. Except as otherwise provided herein, Grantee shall provide such service: (1) With no line extension charge except as specifically authorized elsewhere in this Franchise Agreement. (2) At a non-discriminatory installation charge for a standard installation, consistent with Section 4.3 above consisting of a one hundred twenty five (125) foot drop from Grantee’s existing cable plant and connecting to an inside wall for Residential Subscribers, with additional charges for non-standard installations computed according to a non- discriminatory methodology for such installations; (3) At non-discriminatory monthly rates for Residential Subscribers consistent with Section 4.3 above. (B) Customer Charges for Extension of Service. In lieu of the requirements in the Municipal Code, Grantee agrees to extend its Cable System to all persons living in areas with a residential density of thirty-five (35) homes per mile of Cable System plant. If the residential density is less than thirty-five (35) homes per 5,280 cable-bearing strand feet of trunk or 8.F.a Packet Pg. 111 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 44 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. For purposes of determining the amount of capital contribution in aid of construction to be borne by Grantee and potential customers in the area where service may be expanded, Grantee’s non-discriminatory policy currently provides that Grantee will contribute a per-home credit for each home passed in any construction required to reach the home of the requesting potential customer, and such customer will be responsible for all remaining costs. The credit will be equal to the construction and other costs to provide service to thirty-five (35) homes per mile, allocated on a per-home basis (the “Home Credit”). For example, if a potential customer requests service at a home where construction to that home passes a total of five (5) other homes, the potential requesting customer will receive six (6) Home Credits and will be responsible for the remaining costs to extend service to such customer’s home. Grantee will prepare and provide a written estimate of the extension costs, which shall indicate the portion of costs attributable to both Grantee and the potential requesting customer. A copy of this written estimate shall be provided to the City upon request. In the event that Grantee makes changes to its line extension policies, such changes will be applied on a non-discriminatory basis to potential customers and Subscribers within the Franchise Area. (C) Service to Newly Annexed Areas. Grantee shall have the right but not the obligation to extend the Cable System into any area annexed after the Effective Date of this Agreement which is not contiguous or is partially contiguous to the present Franchise Area of the City or to any area that is technically infeasible. Nothing herein shall require Grantee to expand its Cable System to serve or to offer service to any area annexed by the City if such area is then served by another Cable Operator. 12.2 Institutional Network and Connection of Public Facilities (A) Grantee previously provided institutional fiber network (I-Net) services pursuant to an Institutional Network Maintenance Agreement between Comcast of WA IV, Inc., and the City of Kent, dated May 4, 2004 (“I-Net Agreement”). Grantee and the City agree to terminate the current I-Net Agreement as of the Effective Date of this Franchise. In satisfaction of the City’s request for institutional network capacity pursuant to 47 U.S.C §531(b), the City will enter into a Dark Fiber Lease Agreement with Comcast Business Communications, LLC, an Affiliate of Grantee (“Dark Fiber Agreement.”). As the Dark Fiber Agreement is a commerical arrangement between Comcast Business Communications, LLC and the City, the value of the fiber lease pursuant to such agreement shall not be part of the Franchise Fee or subject to offset from the Franchise Fee. Except as expressly provided herein, the terms and conditions of the Dark Fiber Agreement will govern and supersede any inconsistent terms set forth in this Franchise. A list of those public buildings included within the scope of the Dark Fiber Agreement is attached and incorporated as Exhibit A. The term of the Dark Fiber Agreement shall run coterminous with the term of this Franchise. (B) Grantee shall at no additional cost to the City provide one (1) outlet of Basic Service and Digital Starter Service to all existing locations identified on Exhibit B and to City owned and occupied buildings, schools, fire stations, and public libraries, but excluding any City 8.F.a Packet Pg. 112 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 45 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 owned jails, located in areas where Grantee provides Cable Service, so long as these facilities are already served or the interconnection point on these facilities is located within one hundred twenty five (125) feet of the distribution point on the Cable System from which Cable Service can be provided to these facilities. For purposes of this subsection, “school” means all State- accredited K-12 public and private schools. Such obligation to provide free Cable Service shall not extend to areas of City buildings where Grantee would normally enter into a commercial contract to provide such Cable Service (e.g., golf courses, airport restaurants and concourses, and recreation center workout facilities), and such Cable Service shall not be located in public waiting areas or used to entertain the public, nor shall they be used in a way that violates copyright laws or carriage license agreements. Outlets of Basic and Digital Starter Service provided in accordance with this subsection may be used to distribute Cable Services throughout such buildings; provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such outlets may only be used for lawful purposes. The Cable Service provided shall not be distributed beyond the originally installed outlets without authorization from Grantee, which shall not be unreasonably withheld. (C) The City acknowledges that the provision of one (1) outlet of Basic Service and Digital Starter Service to all City owned and occupied buildings that are not schools and public libraries reflects a voluntary initiative on the part of Grantee. Grantee does not waive any rights it may have regarding complimentary services under federal law or regulation, including without limitation the ability to claim that the provision of complimentary Cable Service as provided in subsection (B) is exempt from Section 3.11 of this Franchise Agreement. Subject to Applicable Law, should Grantee elect to offset governmental complimentary services against Franchise Fees, Grantee shall first provide the City with ninety (90) days’ prior written notice. The City likewise reserves all rights it has under Applicable Law. FRANCHISE VIOLATIONS SECTION 13. 13.1 Procedure for Remedying Franchise Violations (A) If the City reasonably believes that Grantee has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the City, contesting the City’s assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below; (2) cure the default; or (3) notify the City that Grantee cannot cure the default within the thirty (30) days because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City may set a meeting in accordance with 8.F.a Packet Pg. 113 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 46 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee’s proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with subsection (A)(1), or the City orders a meeting in accordance with subsection (A)(3), the City shall set a meeting to investigate said issues or the existence of the alleged default. The City shall notify Grantee of the meeting in writing, and such meeting shall take place no less than thirty (30) days after Grantee’s receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If after the meeting the City determines that a default exists, the City shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within such other reasonable timeframe as the City shall determine. In the event Grantee does not cure within such time to the City’s reasonable satisfaction, the City may: (1) Withdraw an amount from the Security as monetary damages; (2) Recommend the revocation of this Franchise pursuant to the procedures in subsection 13.2; or, (3) Pursue any other legal or equitable remedy available under this Franchise or any Applicable Law. (D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the City, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under Applicable Law. 13.2 Revocation (A) In addition to revocation in accordance with other provisions of this Franchise, the City may revoke this Franchise and rescind all rights and privileges associated with this Franchise in the following circumstances, each of which represents a material breach of this Franchise: (1) If Grantee fails to perform any material obligation under this Franchise or under any other agreement, ordinance, or document regarding the City and Grantee; (2) If Grantee willfully fails for more than forty-eight (48) hours to provide continuous and uninterrupted Cable Service; (3) If Grantee attempts to evade any material provision of this Franchise or to practice any fraud or deceit upon the City or Subscribers; 8.F.a Packet Pg. 114 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 47 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 (4) If Grantee becomes insolvent or if there is an assignment for the benefit of Grantee’s creditors; or (5) If Grantee makes a material misrepresentation of fact in the application for or negotiation of this Franchise. (B) Following the procedures set forth in subsection 13.1 and prior to forfeiture or termination of the Franchise, the City shall give written notice to Grantee of its intent to revoke the Franchise and set a date for a revocation proceeding. The notice shall set forth the exact nature of the noncompliance. (C) Any proceeding under the subsection above shall be conducted by the City’s Hearing Examiner and open to the public. Grantee shall be afforded at least forty-five (45) days’ prior written notice of such proceeding. The Hearing Examiner will conduct the proceeding as provided for in this section, and the Hearing Examiner will make a recommendation to the City Council concerning revocation of Grantee’s Franchise. (1) At such proceeding, Grantee shall be provided a fair opportunity for full participation including the right to be represented by legal counsel, to introduce evidence, and to question witnesses. A complete verbatim record and transcript shall be made of such proceeding, and the cost shall be shared equally between the parties. The City Council shall hear any Persons interested in the revocation and shall allow Grantee, in particular, an opportunity to state its position on the matter. (2) Within forty-five (45) days after the hearing, the Hearing Examiner shall make its recommendation to the City Council concerning revocation. Within forty-five (45) days of receiving the Hearing Examiner’s recommendation, the City Council shall determine whether to revoke the Franchise and declare that the Franchise is revoked and the letter of credit forfeited. If the City determines that the Franchise is to be revoked, the City shall set forth the reasons for such a decision and shall transmit a copy of the decision to Grantee. The City’s decision may provide one final opportunity for Grantee to avoid revocation by a stated date if the breach at issue is capable of being cured and Grantee takes appropriate remedial action within the time and in the manner and on the terms and conditions that the City Council determines are reasonable and appropriate under the circumstances. Grantee shall be bound by the City’s decision to revoke the Franchise unless it appeals the decision to a court of competent jurisdiction within fifteen (15) days of the date of the decision. (3) Grantee shall be entitled to such relief as the Court may deem appropriate. (4) The City Council may at its sole discretion take any lawful action that it deems appropriate to enforce the City’s rights under the Franchise in lieu of revocation of the Franchise. 8.F.a Packet Pg. 115 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 48 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 13.3 Procedures in the Event of Termination or Revocation (A) If this Franchise expires without renewal after completion of all processes available under this Franchise and federal law or is otherwise lawfully terminated or revoked, the City shall have the right to require Grantee to remove all or any portion of the System utilized exclusively for the provision of Cable Services from all Rights-of-Way and public property within the City and may, subject to Applicable Law: (1) Allow Grantee to maintain and operate its Cable System on a month-to- month basis or short-term extension of this Franchise for not less than six (6) months, unless a sale of the Cable System can be closed sooner or Grantee demonstrates to the City’s satisfaction that it needs additional time to complete the sale; or (2) Purchase Grantee’s Cable System in accordance with the procedures set forth in Section 13.4, below. (B) In the event that a sale has not been completed in accordance with subsections (A)(1) and/or (A)(2) above, the City may order the removal of the above-ground Cable System facilities and such underground facilities from the City at Grantee’s sole expense within a reasonable period of time, as determined by the City. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that is made by it and shall leave all Rights-of-Way, public places and private property in as good condition as that prevailing prior to Grantee’s removal of its equipment without affecting the electrical or telephone cable wires or attachments. The indemnification and insurance provisions and the letter of credit shall remain in full force and effect during the period of removal, and Grantee shall not be entitled to and agrees not to request compensation of any sort therefore. (C) If Grantee fails to complete to the City’s satisfaction any removal required by subsection 13.3(B), after written notice to Grantee the City may cause the work to be done, and Grantee shall reimburse the City for the costs incurred within thirty (30) days after receipt of an itemized list of the costs, or the City may recover the costs through the letter of credit provided by Grantee. (D) The City may seek legal and equitable relief to enforce the provisions of this Franchise. 13.4 Purchase of Cable System (A) If at any time this Franchise is revoked, terminated, or not renewed upon expiration in accordance with the provisions of federal law, the City shall have the option to purchase the Cable System. (B) The City may at any time thereafter offer in writing to purchase Grantee’s Cable System. Grantee shall have thirty (30) days from receipt of a written offer from the City within which to accept or reject the offer. 8.F.a Packet Pg. 116 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 49 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 (C) In any case where the City elects to purchase the Cable System, the purchase shall be closed within one hundred twenty (120) days of the date of the City’s audit of a current profit and loss statement of Grantee. The City shall pay for the Cable System in cash or certified funds, and Grantee shall deliver appropriate bills of sale and other instruments of conveyance. (D) For the purposes of this subsection, the price for the Cable System shall be determined as follows: (1) In the case of the expiration of the Franchise without renewal, at fair market value determined on the basis of Grantee’s Cable System valued as a going concern but with no value allocated to the Franchise itself. In order to obtain the fair market value, this valuation shall be reduced by the amount of any lien, encumbrance, or other obligation of Grantee which the City would assume. (2) In the case of revocation for cause, the equitable price of Grantee’s Cable System. 13.5 Receivership and Foreclosure (A) At the option of the City, subject to Applicable Law, this Franchise may be revoked one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless: (1) The receivership or trusteeship is vacated within one hundred twenty (120) days of appointment; or The receivers or trustees have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Franchise, and have remedied all defaults under the Franchise. Additionally, the receivers or trustees shall have executed an agreement duly approved by the court having jurisdiction by which the receivers or trustees assume and agree to be bound by each and every term, provision and limitation of this Franchise. (B) If there is a foreclosure or other involuntary sale of the whole or any part of the plant, property and equipment of Grantee, the City may serve notice of revocation on Grantee and to the purchaser at the sale, and the rights and privileges of Grantee under this Franchise shall be revoked thirty (30) days after service of such notice unless: (1) The City has approved the transfer of the Franchise, in accordance with the procedures set forth in this Franchise and as provided by law; and (2) The purchaser has covenanted and agreed with the City to assume and be bound by all of the terms and conditions of this Franchise. 8.F.a Packet Pg. 117 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 50 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 13.6 No Monetary Recourse Against the City Grantee shall not have any monetary recourse against the City or its officers, officials, boards, commissions, agents or employees for any loss, costs, expenses, or damages arising out of any provision or requirement of this Franchise or the enforcement thereof, in accordance with the provisions of applicable federal, State, and local law. The rights of the City under this Franchise are in addition to and shall not be read to limit any immunities the City may enjoy under federal, State, or local law. 13.7 Alternative Remedies No provision of this Franchise shall be deemed to bar the right of the City to seek or obtain judicial relief from a violation of any provision of the Franchise or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this Franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the City to recover monetary damages for such violations by Grantee, or to seek and obtain judicial enforcement of Grantee’s obligations by means of specific performance, injunctive relief or mandate or any other remedy at law or in equity. 13.8 Assessment of Monetary Damages (A) The City may assess against Grantee monetary damages (i) up to five hundred dollars ($500) per day for general construction delays not otherwise addressed in this Franchise, violations of PEG obligations or payment obligations, (ii) up to two hundred fifty dollars ($250) per day for any other material breaches, or (iii) up to one hundred dollars ($100) per day for defaults, and collect the assessment as specified in this Franchise. Damages pursuant to this Section shall accrue for a period not to exceed one hundred twenty (120) days per violation proceeding. Such damages shall accrue beginning thirty (30) days following Grantee’s receipt of the notice required by Section 13.1(A), or such later date if approved by the City in its sole discretion, but may not be assessed until after the procedures in Section 13.1 have been completed. To assess any amount from the letter of credit, the City shall follow the procedures for withdrawals from the letter of credit set forth in the letter of credit and in this Franchise, which procedures have been approved by the City under Section 5.4. (B) The assessment does not constitute a waiver by the City of any other right or remedy it may have under the Franchise or Applicable Law to recover from Grantee any additional damages, losses, costs, and expenses that are incurred by the City by reason of the breach of this Franchise. 13.9 Effect of Abandonment If Grantee abandons its Cable System during the Franchise term or fails to operate its Cable System in accordance with its duty to provide continuous service, the City, at its option, may operate the Cable System; designate another entity to operate the Cable System temporarily until Grantee restores service under conditions acceptable to the City, or until the Franchise is 8.F.a Packet Pg. 118 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 51 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 revoked and a new franchisee is selected by the City; or obtain an injunction requiring Grantee to continue operations. If the City is required to operate or designate another entity to operate the Cable System, Grantee shall reimburse the City or its designee for all reasonable costs, expenses, and damages incurred. 13.10 What Constitutes Abandonment The City shall be entitled to exercise its options in subsection 13.9 if: (A) Grantee fails to provide Cable Service in accordance with this Franchise over a substantial portion of the Franchise Area for four (4) consecutive days, unless the City authorizes a longer interruption of service; or (B) Grantee, for any period, willfully and without cause refuses to provide Cable Service in accordance with this Franchise. FRANCHISE RENEWAL AND TRANSFER SECTION 14. 14.1 Renewal (A) The City and Grantee agree that any proceedings undertaken by the City that relate to the renewal of the Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, unless the procedures and substantive protections set forth therein shall be deemed to be preempted and superseded by the provisions of any subsequent provision of federal or State law. (B) In addition to the procedures set forth in said Section 626(a), the City agrees to notify Grantee of the completion of its assessments regarding the identification of future cable- related community needs and interests, as well as the past performance of Grantee under the then current Franchise term. Notwithstanding anything to the contrary set forth herein, Grantee and the City agree that at any time during the term of the then current Franchise, while affording the public adequate notice and opportunity for comment, the City and Grantee may agree to undertake and finalize negotiations regarding renewal of the then current Franchise and the City may grant a renewal thereof. Grantee and the City consider the terms set forth in this subsection to be consistent with the express provisions of Section 626 of the Cable Act. (C) Should the Franchise expire without a mutually agreed upon renewed Franchise Agreement and Grantee and City are engaged in an informal or formal renewal process, the Franchise shall continue on a month-to-month basis with the same terms and conditions as provided in the Franchise, and Grantee and City shall continue to comply with all obligations and duties under the Franchise until final City action is taken to renew or terminate the Franchise pursuant to this Franchise and Applicable Law and all appeals are resolved. 8.F.a Packet Pg. 119 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 52 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 14.2 Transfer of Ownership or Control (A) The Cable System and this Franchise shall not be sold, assigned, transferred, leased, or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger, or consolidation, nor shall title thereto, either legal or equitable, or any right, interest, or property therein pass to or vest in any Person or entity without the prior written consent of the City, which consent shall be by the City Council, acting by ordinance/resolution. (B) Grantee shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of control of Grantee. The word “control” as used herein is not limited to majority stockholders but includes actual working control in whatever manner exercised. Every change, transfer or acquisition of control of Grantee shall make this Franchise subject to cancellation unless and until the City shall have consented in writing thereto. (C) The parties to the sale or transfer shall make a written request to the City for its approval of a sale or transfer and furnish all information required by law and the City. (D) In seeking the City’s consent to any change in ownership or control, the proposed transferee shall indicate whether it: (1) Has ever been convicted or held liable for acts involving deceit including any violation of federal, State or local law or regulations, or is currently under an indictment, investigation or complaint charging such acts; (2) Has ever had a judgment in an action for fraud, deceit, or misrepresentation entered against the proposed transferee by any court of competent jurisdiction; (3) Has pending any material legal claim, lawsuit, or administrative proceeding arising out of or involving a cable system or a broadband system; (4) Is financially solvent, by submitting financial data including financial statements that are audited by a certified public accountant who may also be an officer of the transferee; and (5) Has the financial, legal and technical capability to enable it to maintain and operate the Cable System for the remaining term of the Franchise. (E) The City shall act by ordinance on the request within one hundred twenty (120) days of the request, provided it has received all information required by this Franchise and/or by Applicable Law. The City and Grantee may by mutual agreement at any time extend the 120- day period. Subject to the foregoing, if the City fails to render a final decision on the request within one hundred twenty (120) days, such request shall be deemed granted unless the requesting party and the City agree to an extension of time. 8.F.a Packet Pg. 120 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 53 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 (F) Within thirty (30) days of any transfer or sale, if approved or deemed granted by the City, Grantee shall file with the City a copy of the deed, agreement, lease or other written instrument evidencing such sale or transfer of ownership or control, certified and sworn to as correct by Grantee and the transferee, and the transferee shall file its written acceptance agreeing to be bound by all of the provisions of this Franchise, subject to Applicable Law. In the event of a change in control in which Grantee is not replaced by another entity, Grantee will continue to be bound by all of the provisions of the Franchise, subject to Applicable Law, and will not be required to file an additional written acceptance. (G) In reviewing a request for sale or transfer, the City may inquire into the legal, technical and financial qualifications of the prospective controlling party or transferee, and Grantee shall assist the City in so inquiring. The City may condition said sale or transfer upon such terms and conditions as it deems reasonably appropriate, in accordance with Applicable Law. (H) Notwithstanding anything to the contrary in this subsection, the prior approval of the City shall not be required for any sale, assignment or transfer of the Franchise or Cable System to an entity controlling, controlled by or under the same common control as Grantee, provided that the proposed assignee or transferee must show financial responsibility as may be determined necessary by the City and must agree in writing to comply with all of the provisions of the Franchise. Further, Grantee may pledge the assets of the Cable System for the purpose of financing without the consent of the City; provided that such pledge of assets shall not impair or mitigate Grantee’s responsibilities and capabilities to meet all of its obligations under the provisions of this Franchise. SEVERABILITY SECTION 15. If any Section, subsection, paragraph, term or provision of this Franchise is determined to be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other Section, subsection, paragraph, term or provision of this Franchise, all of which will remain in full force and effect for the term of the Franchise. MISCELLANEOUS PROVISIONS SECTION 16. 16.1 Preferential or Discriminatory Practices Prohibited In connection with the performance of work under this Franchise, Grantee agrees not to refuse to hire, discharge, promote or demote, or discriminate in matters of compensation against any Person otherwise qualified solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability; and Grantee further agrees to insert the foregoing provision in all subcontracts hereunder. Throughout the term of this Franchise, Grantee shall fully comply with all equal employment or non-discrimination provisions and requirements of federal, State and local laws and, in particular, FCC rules and regulations relating thereto. 8.F.a Packet Pg. 121 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 54 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 16.2 Notices Throughout the term of the Franchise, each party shall maintain and file with the other a local address for the service of notices by mail. All notices shall be sent via overnight delivery postage prepaid to such respective address, and such notices shall be effective upon the date of mailing. These addresses may be changed by the City or Grantee by written notice at any time. At the Effective Date of this Franchise: Grantee’s address shall be: Comcast Cable Communications Management, LLC 4020 Auburn Way N Auburn, WA 98002 Attention: Franchise Director With a copy to: Comcast Cable Communications Management, LLC 15815 25th Ave W Lynnwood, WA 98087 Attention: Franchising Department The City’s address shall be: City of Kent 220 Fourth Ave S Kent, WA 98032 Attention: Chief Administrative Officer With a copy to: City of Kent 220 Fourth Ave S Kent, WA 98032 Attention: City Attorney 16.3 Descriptive Headings The headings and titles of the Sections and subsections of this Franchise are for reference purposes only and shall not affect the meaning or interpretation of the text herein. 16.4 Publication Costs to be Borne by Grantee Grantee shall reimburse the City for all costs incurred in publishing this Franchise, if such publication is required. 8.F.a Packet Pg. 122 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 55 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 16.5 Binding Effect This Franchise shall be binding upon the parties hereto, their permitted successors and assigns. 16.6 No Joint Venture Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to nor shall either party act toward third Persons or the public in any manner which would indicate any such relationship with the other. 16.7 Waiver The failure of the City at any time to require performance by Grantee of any provision hereof shall in no way affect the right of the City hereafter to enforce the same. Nor shall the waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. 16.8 Challenges to City Ordinances Grantee reserves all rights it may have to challenge the lawfulness of any City ordinance. The City reserves all of its rights and defenses to such challenges. 16.9 Reasonableness of Consent or Approval Whenever under this Franchise “reasonableness” is the standard for the granting or denial of the consent or approval of either party hereto, such party shall be entitled to consider public and governmental policy, moral and ethical standards as well as business and economic considerations. 16.10 Entire Agreement This Franchise and all Exhibits represent the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersede all prior oral negotiations between the parties. 16.11 Jurisdiction Venue for any judicial dispute between the City and Grantee arising under or out of this Franchise shall be in King County Superior Court, Washington, or in the United States District Court in Seattle. IN WITNESS WHEREOF, this Franchise is signed in the name of the City of Kent, Washington this day of , 2019. 8.F.a Packet Pg. 123 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s Page 56 City of Kent - Comcast 2019 Franchise Agreement 4846-1929-7154v.4 0101080-000007 ATTEST: CITY OF KENT, WASHINGTON: City Clerk Mayor APPROVED AS TO FORM: City Attorney Accepted and approved this _____ day of _________, 2019. ATTEST: COMCAST __________________________ Public Notary Name/Title: ______________________________ 8.F.a Packet Pg. 124 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s For Informal Discussion Only. Proprietary and Confidential 1 4846-1929-7154v.4 0101080-000007 EXHIBIT A DARK FIBER LOCATIONS Kent Shops 5821 S 240th St Correction Facility 1230 S Central St Kent City Hall 220 4th Ave S Kent Commons 525 4th Ave N Resource Center 315 E Meeker St Senior Center 600 E Smith Valley Communications 27519 108th Ave SE Riverbend 18th Hole 2019 E Meeker St Future Maintenance Shops SE 248th & 124th Ave SE Fire Station #74 24611 116th Ave SE 8.F.a Packet Pg. 125 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s For Informal Discussion Only. Proprietary and Confidential 2 4846-1929-7154v.4 0101080-000007 EXHIBIT B LOCATIONS RECEIVING COMPLIMENTARY CABLE SERVICE NAME ADDRESS Account Type CITY OF KENT CORRECTIONS,* 1230 S CENTRAL AVE City CITY OF KENT CORR., EQUIP 1 1230 S CENTRAL AVE City KENT, CITY OF 220 4TH AVE S City KENT CITY HALL, EQUIP 1 220 4TH AVE S City KENT PD,VIDEO 220 4TH AVE S CITY KENT POLICE DEPARTMENT,* 232 4TH AVE S City KENT POLICE DEPT, EQUIP 1 232 4TH AVE S City VALLEY COMM CTR, EQUIP 1 27519 108TH AVE SE City CITY OF KENT CENTENNIAL,* 400 W GOWE ST City CITY OF KENT CENT, EQUIP 1 400 W GOWE ST City PUBLIC WORKS, CITY OF KENT 5821 S 240TH ST City SENIOR CENTER 600 E. SMITH City REG JUSTICE CTR, KING CTY 620 W JAMES ST City REGIONAL JUSTICE CTR, EQ 1 620 W JAMES ST City MRJC OFFICE,* 401 4TH AVE N City/King County VIEW FIRE & RESC, MOUNTAIN 18610 SE COVINGTON SAWYER Fire FS 77, EQUIP 1 20717 132ND AVE SE Fire FIRE STATION 74, KENT 24611 116TH AVE SE Fire FS 74, EQUIP 1 24611 116TH AVE SE Fire FS 71, EQUIP 1 504 W CROW ST Fire KENT-MERIDIAN HS, EQUIP 1 10020 SE 256TH ST School KENT PHOENIX, EQUIP 1 11000 SE 264TH ST School DANIEL ELMNTRY, EQUIP 1 11310 SE 248TH ST School EMERALD PARK ELM, EQUIP 1 11800 SE 216TH ST School MILLENIUM ELMNTRY, EQUIP 1 11919 SE 270TH ST School KENT SCHOOL DISTRICT,* 12033 SE 256TH ST School HI-SCHOOL, KENTRDGE 12430 SE 208TH ST School SOOS CREEK ELMNTRY,EQUIP 1 12651 SE 218TH PL School MARTIN SOTRUN ELM, EQUIP 1 12711 SE 248TH ST School GLENRIDGE ELMNTRY, EQUIP 1 19405 120TH AVE SE School LAKE YOUNGS ELM, EQUIP 1 19660 142ND AVE SE School SPRINGBROOK, ELEMNTRY 20035 100TH AVE SE School SPRINGBROOK ELM, EQUIP 1 20035 100TH AVE SE School 8.F.a Packet Pg. 126 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s For Informal Discussion Only. Proprietary and Confidential 3 4846-1929-7154v.4 0101080-000007 NAME ADDRESS Account Type PANTHER LAKE ELM, EQUIP 1 20831 108TH AVE SE School HIGH SCHOOL, KENTLAKE 21401 SE FALCON WAY School KENTLAKE HS, EQUIP 1 21401 SE FALCON WAY School ELEMENTARY, SUNRISE 22300 132ND AVE SE School MERIDIAN ELMNTRY, EQUIP 1 25621 140TH AVE SE School SCENIC HILL ELM, EQUIP 1 26025 WOODLAND WAY S School ELEMENTARY, HORIZON 27641 144TH AVE SE School MEADOWRIDGE ELM, EQUIP 1 27710 108TH AVE SE School PINE TREE ELMNTRY, EQUIP 1 27825 118TH AVE SE School GRASS LAKE ELM, EQUIP 1 28700 191ST PL SE School KENT ELEMENTARY, EQUIP 1 317 4TH AVE S School MILL CREEK MS, EQUIP 1 620 CENTRAL AVE N School ELEMENTARY, E HILL 9825 S 240TH ST School EAST HILL ELMNTRY, EQUIP 1 9825 S 240TH ST School 8.F.a Packet Pg. 127 At t a c h m e n t : 1 O r d i n a n c e a n d C a b l e F r a n c h i s e A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s 4829-1677-0180v.3 0101080-000007 SETTLEMENT AGREEMENT This Agreement is made and entered into this __ day of ______________ , 2019 by and between the City of Kent, WA ("the City"), and Comcast Cable Communications Management, LLC, and their affiliates and subsidiaries, (herein referred to individually and collectively, "Comcast"). RECITALS. This Agreement is made expressly with reference to the following agreed facts, among others: A. In May 1993, the City granted TCI Cablevision of Washington, Inc. (“TCI”) a cable television franchise (Franchise”) for a period of 15 years, which required TCI to provide an institutional network (“I-Net”) linking certain City buildings. B. Following Comcast’s acquisition of TCI in 2002, the I-Net was ultimately completed by Comcast. In May 2004, Comcast and the City entered into the Institutional Network Maintenance Agreement (“Maintenance Agreement”), which granted the City “an indefatigable, exclusive right of use” of the I-Net during the term of the Franchise or any renewals. C. The Maintenance Agreement required Comcast to invoice the City an annual maintenance fee (“Maintenance Fee”), which invoice the City was to pay within ninety (90) days of receipt. Comcast sent one invoice to the City on or around April 3, 2008, for the prior 3 year period. A dispute arose between the City and Comcast regarding payment under this invoice and future invoices, which resulted in the City not paying this invoice and in Comcast not invoicing the City for any further Maintenance Fee with the understanding that the dispute would be resolved in the context of the Franchise renewal proceeding. 8.F.b Packet Pg. 128 At t a c h m e n t : 2 S e t t l e m e n t A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - 2 4829-1677-0180v.3 0101080-000007 D. The City and Comcast continue to disagree concerning their respective obligations under the Maintenance Agreement and what effect each party’s failure to act has on its respective interests and ability to enforce or evade the Maintenance Agreement’s terms. E. The City and Comcast have been in negotiations since August 2017 to renew the Franchise, which renewal franchise is anticipated to be first introduced to the City Council in January of 2019 and submitted for approval in February of 2019 (“Renewal Franchise”). In settlement of the parties’ dispute concerning the Maintenance Agreement, the parties have agreed to terminate the Maintenance Agreement as of the Effective Date of the Renewal Franchise, subject to the terms of this Settlement Agreement, which terms include the execution of a new Dark Fiber Agreement with Comcast Business Communications, LLC, an Affiliate of Comcast (“Dark Fiber Agreement”) for a ten year term, and Comcast’s waiver of a majority of the maintenance fees that may have accrued under the Maintenance Agreement. F. A standard term of the Dark Fiber Agreement would require the City to pay an early termination fee if it were to elect to terminate the Dark Fiber Agreement prior to the expiration of its ten-year term. The City opposes this termination fee, and in settlement of the parties’ dispute concerning the Maintenance Agreement, the parties have agreed to waive the early termination fee in the Dark Fiber Agreement. Should the City terminate the Dark Fiber Agreement before the ten-year term has expired, the PEG fee shall be adjusted as set forth in Section 9.5 of the Renewal Franchise. G. The City and Comcast now desire to settle, release and discharge all claims arising out of their respective obligations under the Maintenance Agreement. NOW, THEREFORE, Comcast and the City, in consideration of the foregoing, and in consideration of the mutual promises and obligations hereinafter set forth, and for good and 8.F.b Packet Pg. 129 At t a c h m e n t : 2 S e t t l e m e n t A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - 3 4829-1677-0180v.3 0101080-000007 valuable mutual consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows: 1. Agreement This Settlement Agreement is entered into in compromise of disputed claims and rights. Specifically, the City and Comcast desire to compromise, settle and discharge all disputes, claims, demands, actions or causes of action whatsoever of every kind and nature that pertain to, or arise out of, each party’s obligations under the Maintenance Agreement, including Comcast’s obligation to continue performance of the Maintenance Agreement in any renewal franchise and the City’s obligation to pay the Maintenance Fee (“Claims”). Each party, therefore, hereby forever discharges and mutually releases the other party, including the other party's agents, employees, officers, and assigns of and from any and all claims, demands, rights, liability, suits, debts, liens, actions and causes of action, of every kind and nature whatsoever, at law or in equity, known and unknown, suspected and unsuspected, disclosed and undisclosed which the releasing party ever had, now has or hereafter may have by reason of any act, omission, matter, cause or thing, arising out of the Claims. It is understood and agreed that this is a compromise of disputed claims and shall not be construed as an admission of any liability of either releasing party to the other. 2. Maintenance Agreement. In full settlement of all Claims, the City agrees to pay Comcast, within sixty (60) days of the Effective Date of the Renewal Franchise, the amounts due under the Maintenance Agreement for the period from August 2017 through December 2018 in the amount of thirty thousand one hundred forty one ($30,141) dollars. Comcast agrees to waive all claims to and forever release the City from the amounts claimed due by Comcast under the Maintenance Agreement that were 8.F.b Packet Pg. 130 At t a c h m e n t : 2 S e t t l e m e n t A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - 4 4829-1677-0180v.3 0101080-000007 unpaid prior to August 1, 2017 in the amount of two hundred sixty six thousand seven hundred forty three dollars ($266,743). The Maintenance Agreement will be terminated as of the Effective Date of the Renewal Franchise and the Dark Fiber Agreement. 3. Dark Fiber Agreement. The City agrees to enter into the Dark Fiber Agreement with Comcast Business Communications, LLC, an affiliate of Comcast. Although the fiber currently serving the schools and fire districts is not included in the Dark Fiber Agreement, Comcast agrees to continue providing the existing fiber to the schools and the fire districts for a period of one (1) year after the Effective Date of the Renewal Franchise. So long as the Kent School District and Comcast continue to negotiate an appropriate transition plan in good faith (including, but not limited to, timely application by the District for Federal Universal Schools and Libraries (e-rate) funding), the one-year period may be extended to a period not more than twenty-four (24) months from the Effective Date of the Renewal Franchise, upon written request by the City or the Kent School District. Comcast further agrees to provide, pursuant to a separate ten (10) year agreement, the same terms and conditions, including the pricing, to the schools and fire districts as are provided to the City in the Dark Fiber Agreement. Use of the existing fibers to the schools and fire district will continue until separate agreements are reached or the one-year date for the Fire District and the one-year (or twenty-four month) date for the Kent School District, whichever date is earliest. Comcast agrees that should the City elect to terminate the Dark Fiber Agreement prior to the expiration of its term, the City shall be excused from payment of the early termination fee set forth in Section 6.1 of the Dark Fiber Agreement. Should the City elect to terminate the Dark Fiber Agreement prior to its expiration, the City and Comcast agree that the PEG Fee shall be reduced as set forth in Section 9.5 of the Renewal Franchise. 8.F.b Packet Pg. 131 At t a c h m e n t : 2 S e t t l e m e n t A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - 5 4829-1677-0180v.3 0101080-000007 Fiber lease pricing shall be as set forth in Schedule A to the Dark Fiber Agreement. For additional fibers requested under Section 1.4 of the Dark Fiber Agreement, the monthly price shall not exceed two hundred fifty six dollars ($256.00) per pair. 4. Attorney's and Consultants’ Fees and Costs. Comcast and the City shall each bear their own attorneys' and consultants' fees and costs in the negotiation and settlement of the Maintenance Agreement. 5. Explained by Counsel and No Coercion. Comcast and the City each acknowledge, covenant, and warrant that the contents of this Agreement have been explained to each of them by their counsel, that they are each free from any duress or coercion, economic or otherwise in connection with this matter, and that this Agreement is executed voluntarily and with full knowledge of its significance. 6. Entire Agreement. This Agreement constitutes the entire agreement among the parties regarding the subject matter of this Agreement. No statements, promises, or inducements inconsistent with this Agreement made by any party shall be valid or binding, unless in writing and executed by all parties. This Agreement may only be modified by written amendments hereto signed by both parties. 7. Governing Law. This Agreement shall be interpreted, governed by, and construed under the laws of the State of Washington. Jurisdiction of any disputes hereunder shall be had in King County, Washington. 8.F.b Packet Pg. 132 At t a c h m e n t : 2 S e t t l e m e n t A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - 6 4829-1677-0180v.3 0101080-000007 8. Construction of Agreement. This Agreement is the product of negotiation and preparation by and among parties represented by counsel. Both sides and their counsel have reviewed and have had the opportunity to revise this Agreement. The parties waive any rule of construction to the effect that ambiguities are to be resolved against the drafting party, and the parties warrant and agree that the language of this Agreement shall neither be construed for nor against any party hereto. 9. Modification. No modification or change to this Agreement shall be binding or effective unless executed in writing by both sides. No oral statement shall in any manner modify or affect the terms and conditions set forth herein. 10. Nonwaiver. The waiver by either party of any breach of any term, covenant or condition contained in this Agreement, or any default in the performance of any obligation under this Agreement, shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition or obligation. Nor shall any waiver of any incident of breach or default constitute a continuing waiver of the same. 11. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 12. Effective Date This Agreement shall go into effect as of the Effective Date of the Renewal Franchise as set forth in Section 2.3 thereof. 8.F.b Packet Pg. 133 At t a c h m e n t : 2 S e t t l e m e n t A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - 7 4829-1677-0180v.3 0101080-000007 13. Authorization. Each person executing this Agreement warrants to the other party that he or she is fully authorized to enter into this Agreement in the City indicated by his or her signature. COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, By: ____________________________ Its: ____________________________ CITY OF KENT, WASHINGTON By: ____________________________ Its: ____________________________ Dated: __________________________ 8.F.b Packet Pg. 134 At t a c h m e n t : 2 S e t t l e m e n t A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - 4843-3378-5210v.1 0101080-000007 The Honorable Dana Ralph Draft for Discussion Purposes Only Mayor, City of Kent January___, 2019 Dear Mayor: The purpose of this letter agreement is to set forth several commitments between Comcast Cable Communications Management, LLC (“Comcast”) and the City of Kent, Washington (the “City”) that are in addition to the renewal franchise agreement to be adopted by ordinance (hereinafter, “the Franchise”). These items have been negotiated in good faith and agreed to as part of the informal franchise renewal process pursuant to 47 U.S.C. § 546(h), and specifically relate to the unique community needs that exist in the City. Grant for Public, Education and Government Access The prior franchise agreement between the City and Comcast did not include capital support for Public, Education and Government (“PEG”) access. The City has requested immediate funding for equipment and other capital needs to utilize the high definition PEG channel included in the Franchise. Accordingly, Comcast agrees to provide a PEG capital equipment grant of one hundred thousand ($100,000) dollars (“PEG Equipment Grant”) to the City within ninety (90) days following the date on which the Franchise is adopted by ordinance. Comcast shall be entitled to recover the PEG Equipment Grant in any manner that is consistent with applicable law until it has fully recovered the PEG Equipment Grant, including recovery from the first year of PEG funding under the Franchise in the amount of approximately $0.34 per subscriber per month, retained by Comcast). The terms and conditions of this letter agreement are binding upon the City and Comcast and their successors and assigns. Comcast agrees that a violation of these terms by Comcast may be considered by the City as a material violation of the Franchise, subject to the provisions of Section 13 of the Franchise. It is understood that fulfillment of these obligations is also necessary and part of the consideration to secure the renewed Franchise. Sincerely, Comcast Cable Communications Management, LLC By: ______________________ Its: ______________________ Date: ____________________ Acknowledged and agreed to this ___ day of ___________, 2018. City of Kent, Washington By: _____________________ Its: _____________________ Date: ___________________ 1899 Wynkoop Street Suite 550 Denver, CO 80202 8.F.c Packet Pg. 135 At t a c h m e n t : 3 L e t t e r A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - A d o p t ) Page 1 of 6 CONFIDENTIAL and PROPRIETARY rcv. 10.10.17 Comcast Business Communications, LLC Dark Fiber Lease Agreement This Dark Fiber Lease Agreement (“Agreement”) is made on the ____ day of ________________, 2019 (“Effective Date”) by and between Comcast Business Communications, LLC (“Company” or “Comcast”) with offices located at 1701 JFK Blvd Philadelphia, PA 19103 and City of Kent (“Customer” or City), with offices located at 220 4th Ave Kent, WA 98032. Herein, the above shall be collectively referred to as the “Parties” and individually as “Party”. Description of Facilities (“Facilities”) to be provided by Company to Customer: Dark fiber strands as set forth in Schedule A attached hereto. Agreement Number: WA-KDhil-110618-01 Term of Agreement (months): One-Hundred and Twenty (120) Non-Recurring Charges (“NRC”): $0.00 Total Monthly Recurring Charges (exclusive of applicable taxes, surcharges, fees and/or payment obligations, as set forth in the Agreement) (“MRC”): Month(s) One (1) through Twelve (12) = $1,727.08 Month(s) Thirteen (13) through Twenty-Four (24) = $3,993.00 Month(s) Twenty-Five (25) through One-Hundred-Twenty (120) = $7,986.00 Number of Sites: Ten (10) Facility Availability Date: TBD Notes / Comments: Sales Person: Karen Dhillon Telephone Number: (253) 864-4671 General Manager: Chris Prekopa Telephone Number: (720) 357-3264 Customer Contact: Galen Hirschi Telephone Number: (253) 856-4614 This Agreement sets forth the terms and conditions under which Comcast will provide the Facilities identified above to Customer. This Agreement consists of this document (“Cover Page”), the standard General Terms and Conditions attached hereto (“General Terms and Conditions”), and Schedule A, and any jointly executed amendments (“Amendments”), collectively referred to as the “Agreement.” In the event of any inconsistency among these documents, precedence will be as follows: (1) Amendments, (2) General Terms and Conditions, (3) this Cover Page, and (4) Schedules. This Agreement shall commence and become a legally binding agreement upon mutual execution of this Cover Page by the Parties. The Agreement shall terminate as set forth in the General Terms and Conditions. All capitalized terms not defined on this Cover Page shall have the definitions given to them in the General Terms and Conditions. All modifications to the Agreement, if any, must be captured in a written Amendment, executed by an authorized Comcast Vice President and the Customer. All other attempts to modify the Agreement shall be void and non- binding on Comcast. By signing below, the Parties agree and accept the terms and conditions of this Agreement. City of Kent Comcast Business Communications, LLC Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: 8.F.d Packet Pg. 136 At t a c h m e n t : 4 D a r k F i b e r A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - Page 2 of 6 CONFIDENTIAL and PROPRIETARY rcv. 10.10.17 GENERAL TERMS AND CONDITIONS SECTION 1 - SCOPE 1.1 Company will lease to Customer the strands of Company’s multi-strand single mode fiber-optic cable (the “Facilities,” which may be referenced herein as the “Services,” but no service other than the provision and maintenance of these Facilities is provided under this agreement), which strands shall originate at the points and terminate to the Customer “Buildings” and at the prices as set forth, in each case, in the attached Schedule A attached hereto. These strands and all related facilities and equipment are hereinafter referred to as the “Facilities.” Customer agrees that it will light and immediately use all strands for its broadband needs. The Facilities are provisioned into each Building at the point of interconnection between the Comcast-owned Facilities and Customer’s provided equipment located at Customer’s Building (“Demarcation Point”). 1.2 The Facilities do not include connection to the public switched network, building wire, any Local Area Networks (“LANs”), Customer Premise Equipment (“CPE”), IP addressing capability, firewalls or any other equipment, electronics, or wiring required on the Customer’s side of the Demarcation Point. 1.3 Subject to Section 1.4, upon the request of Customer, Company will consider providing other facilities or services to Customer at terms, conditions, and prices to be mutually agreed upon in writing between the Parties. 1.4 The Parties acknowledge and agree that certain of the Company’s existing multi-strand single mode fiber-optic cabling terminating at the Buildings is not included in the Facilities (the “Existing Out-of-Scope Fiber”). Notwithstanding anything to the contrary contained in Section 1.3, if Customer requests, in writing, that any such Existing Out-of-Scope Fiber be included within the scope of the Facilities being leased to Customer, the Parties shall amend Schedule A to include such fiber-optic strands. The additional MRC that shall be owed by Customer for such additional fiber-optic cable, shall be as set forth on Schedule A. SECTION 2 - INSTALLATION 2.1 Customer, at no cost to Company, shall secure throughout the Term any easements, leases or other agreements necessary to allow Company to use existing pathways into and in each Building to the Demarcation Point. 2.2 Subject to the terms of this Agreement, and at no cost to Company, Customer shall provide adequate environmentally controlled space and electricity required for installation, operation, and maintenance of the Facilities within each Building. 2.3 Company and its employees, agents, lessees, officers and its authorized vendors will require free ingress and egress into and out of the Buildings in connection with the provision of the Facilities. Upon reasonable notice from Company, Customer shall assist Company in accessing each Building. 2.4 If the presence of asbestos or other hazardous materials exists or is detected, Customer must have such hazardous materials removed immediately at Customer’s expense or notify Company to install the applicable portion of the Facilities in areas of any such Building not containing such hazardous material. Any additional expense incurred as a result of encountering hazardous materials, including but not limited to, any additional equipment shall be borne by Customer. 2.5 Company shall have no obligation to install, operate, or maintain Customer-provided facilities or equipment. 2.6 Customer shall be responsible for providing maintenance, repair, operation and replacement of all wire, cable facilities on the Customer’s side of the Demarcation Point. Any CPE and wiring that Customer uses in connection with the Facilities shall be compatible with Comcast’s other facilities, equipment, and services provided to itself or any other party (the “Network”). 2.7 Customer shall use reasonable efforts to maintain its property and Buildings in a manner that preserves the integrity of the Facilities and shall promptly notify Company of any event that affects such integrity including but not limited to damage to the Facilities or Network. 2.8 At such time as Company completes installation and connection of the Facilities and equipment, Company shall then notify Customer in writing that the Facilities are available for use and the date of such notice shall be the “Service Date.” The current notice form is called the “Customer Site Service Acceptance Document” (“Acceptance Form”). Company may update, modify or replace the service notification form from time to time without notice to Customer. 2.9 Any other failure or refusal on the part of Customer to be ready to receive the Facilities shall not relieve Customer of its obligation to pay charges for any Facilities that would otherwise be available for use. For the avoidance of doubt, Customer shall not be obligated to pay charges for Existing Out-of-Scope Fiber unless, and until, any such Exisitng Out-of-Scope Fiber is, in accordance with Section 1.4, included in the Facilities being leased to Customer under this Agreement. 2.10 Customer-Provided Equipment (CPE). Company shall have no obligation to install, operate, or maintain CPE. Customer alone shall be responsible for providing maintenance, repair, operation and replacement of all inside telephone wiring and equipment and facilities on the Customer’s side of the Demarcation Point. All CPE and wiring that Customer uses in connection with the Facilities must be fully compatible with the Facilities. Customer shall be responsible for the payment of all charges for troubleshooting, maintenance or repairs attempted or performed by Company’s employees or authorized contractors when the difficulty or trouble report results from CPE. 2.11 Neither the Company, nor any of its affiliates, agents or contractors shall install any equipment or take any other action to enable the ability to capture, monitor bandwidth usage, analyze or otherwise interpret the Customer’s network traffic or its operations and use of the Facilities. SECTION 3 - OWNERSHIP, IMPAIRMENT, AND REMOVAL OF THE FACILITIES 3.1 The Facilities and all other portions of the Network are and shall remain the property of Company regardless of whether installed between, within or upon the Buildings and whether installed overhead, above, or underground and shall not be considered a fixture or an addition to the land or the Buildings located thereon. Customer agrees that it shall take no action that directly or indirectly impairs Company’s title to the Facilities or Network, or exposes Company or the Facilities, Network, or any Company-provided equipment, or on the rights or title relating thereto, or any interest therein, to any claim, lien, encumbrance, or legal process, except as otherwise agreed in writing by the Parties, and Company will promptly at its own expense take all actions necessary to remedy any violation of this provision. 3.2 Upon expiration or termination of this Agreement, Company retains the right to remove the Facilities or Network including, but not limited to, those portions that are located in the Buildings. To the extent Company removes such portion of the 8.F.d Packet Pg. 137 At t a c h m e n t : 4 D a r k F i b e r A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - Page 3 of 6 CONFIDENTIAL and PROPRIETARY rcv. 10.10.17 Network; it shall be responsible for returning the Buildings to their prior condition, reasonable wear and tear excepted. 3.3 In accordance with the Federal Communications Commission’s Order in FCC 99-216, released August 11, 1999, the Parties agree to the terms set forth in this section. All equipment located on Customer's premises installed or provided under this Agreement by Company is an integral component of the Facilities provided by Company and will only be used in connection therewith. All right, title, and interest in the Facilities and any other equipment or facility provided by Company shall, at all times, remain exclusively with the Company, shall not become a fixture to Customer's premises, and must be returned to Company at the conclusion of the Term (unless a new similar agreement has been executed or is being actively negotiated by both parties) in the condition in which it was received, subject to ordinary wear and tear. Upon expiration or termination of this Agreement, all rights of Customer to the Facilities shall cease and Company may, at its option, disconnect, terminate, remove or use the Facilities for any other purpose. Company may use such equipment and it’s Network in any lawful manner, including supporting its network or providing service to other customers and Customer will not sell, lease, assign nor encumber any equipment provided by Company to Customer under this Agreement. Company does not provide any option to Customer to purchase any such equipment. Customer agrees not to interfere with other customers' use of the Company services or equipment, including any Company equipment located on Customer's premises. Customer acknowledges that its internal communications systems, such as a Local Area Network ("LAN"), would not continue to function if disconnected from the Company Network or disconnected from any on-premise equipment provided by Company. 3.4 The Parties understand that the Customer's network is interconnected with other government networks, including without limitation other governmental entities having access to the network for network redundancy purposes. Customer provides this interconnection access as authorized by RCW 39.34, without a revenue/profit component, and such access is expressly permitted by this Agreement. SECTION 4 - COMPENSATION; PAYMENT 4.1 The Non-Recurring Charges (“Non-Recurring Charges” or “NRC”) and Monthly Recurring Charges (“Monthly Recurring Charges” or “MRC”) for the Facilities are set forth in the attached Schedule A and on the first page of the Agreement. Upon the availability of Facilities, Company shall invoice Customer for the NRC and Customer shall pay Company one hundred percent (100%) of the NRC. Unless otherwise stated in this Agreement, Company will invoice Customer in advance on a monthly basis for all Monthly Recurring Charges arising under the Agreement. Payment will be considered timely made to Company if received within thirty (30) days after the invoice date set forth in the invoice. Any charges not paid to Company within such period will be considered past due. In the event the Facilities Availability Date is not the first day of the billing period, the first Recurring Charge shall also include the prorated in arrears charges for Services from date of installation to the date of first billing. 4.2 Any payment not made when due will be subject to a late charge of 1.5% per month or the highest rate allowed by law on the unpaid invoice, whichever is lower. 4.3 Except for taxes based on Company’s net income, and except to the extent Customer provides a valid tax exemption certificate acceptable to Comcast prior to the Facility Availability Date, Customer shall be responsible for the payment of any and all applicable local, state, and federal taxes (however designated) levied upon the sale, installation, use or provision of the Facilities, including all applicable right-of-way, franchise, pole attachment, pole rental and/or other permitting, rental or joint use fees in proportion to its activities hereunder. Further, Company reserves the right to invoice Customer for the costs of any fees or payment obligations stemming from an order, rule, or regulation of the FCC, a public service commission or a court of competent jurisdiction with respect to the Facilities, including, without limitation, charges to recover amounts that Company is permitted by government or quasi-governmental authorities to collect from or to pay to others in support of statutory or regulatory programs, including, without limitation, franchise fees and right-of-way fees. It will be the responsibility of Customer to pay any such taxes and fees that subsequently become applicable retroactively. To the Parties knowledge, there currently are no such taxes or fees applicable to Customer’s use of the Facilities. In the event taxes or fees become applicable to Customer’s use of the Facilities, Company shall use commercially reasonable efforts to give Customer prior notice of such taxes and fees; provided, that, Customer shall remain obligated to pay any such taxes and fees. SECTION 5 - TERM Unless sooner terminated as provided herein, the term of this Agreement shall be for one-hundred twenty (120) months from the Facility Availability Date (“Term”). Upon the expiration of the Term, this Agreement shall automatically renew for successive periods of one (1) year each (“Renewal Term(s)”), unless prior notice of non-renewal is delivered by either Party to the other at least thirty (30) days before the expiration of the Term or the then current Renewal Term. SECTION 6 - TERMINATION WITHOUT FAULT; DEFAULT 6.1 Notwithstanding any other term or provision in this Agreement, Customer shall have the right, in its sole discretion, to terminate this Agreement at any time during the Term, or any Renewal Term, upon (i) sixty (60) days prior written notice to Company and (ii) the payment of 100% of the remaining Monthly Recurring Charges payable to Company within ten (10) days following termination of the Agreement (“Termination Charges”). 6.2 (a) Company may, in its sole discretion, immediately terminate this Agreement in the event that it is unable to provide access to the Facilities due to any law, rule, regulation, Force Majeure event, or judgment of any court or government agency. If Company terminates the agreement under this subsection 6.2(a), Customer shall have no obligation to pay any remaining Monthly Recurring Charges as a result of Termination by the Company, with the exception of payments due for Facilities actually provided. (b) Any breach of Article 9A shall be deemed a material breach of this Agreement. In the event of such material breach, Company shall have the right to restrict, suspend, or terminate immediately any or all Service, without liability on the part of Company, and then to notify Customer of the action that Company has taken and the reason for such action, in addition to any and all other rights and remedies under this Agreement. In the event Company terminates service under this subsection 6.2(b), Customer shall be responsible for the payment of all past due amounts and Termination Charges in addition to any other remedies as identified in section 6.4. 6.3 In the event of default, either Party may terminate this Agreement. A “default” exists under this Agreement upon the following events: (i) either Party’s failure to meet or perform any material term, provision, covenant, agreement, or obligation contained in this Agreement; provided that the non-defaulting Party so advises the 8.F.d Packet Pg. 138 At t a c h m e n t : 4 D a r k F i b e r A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - Page 4 of 6 CONFIDENTIAL and PROPRIETARY rcv. 10.10.17 defaulting Party in writing of the event of default and the defaulting Party does not remedy the default within thirty (30) days after written notice thereof; or (ii) Either Party’s insolvency or initiation of bankruptcy or receivership proceedings by or against the Party. (iii) Customer is in breach of a payment obligation and fails to make payment in full within ten (10) days after receipt of written notice of default. 6.4 The non-defaulting Party shall be entitled to all available legal and equitable remedies for such breach. 6.5 In addition to the remedies set f orth in Section 6.4 above; Company shall be entitled to Termination Charges for any Customer Default. SECTION 7 – MAINTENANCE 7.1 Maintenance consists of the repair or replacement, at Company’s option, of any portion of the Facilities that is malfunctioning. Company will maintain the Facilities twenty-four (24) hours a day, seven (7) days per week, every day of the year. Company is responsible for the maintenance of such equipment.. Except in the event of an emergency, Company shall provide forty- eight (48) hours advance notice of any such maintenance and all maintenance and repair of the Facilities shall be performed by or under the direction of Company. Customer may not, nor permit others to, rearrange, disconnect, remove, attempt to repair or otherwise tamper with any of the Facilities or equipment installed by Company, except with the written consent of Company, which consent shall be at Company’s sole discretion. In the event that Company, in responding to a Customer-initiated service call, determines that the reason for such service call is due to Customer- provided equipment or Customer's actions or omissions, acts or omissions of third parties with whom Customer has any type of relationship, Customer shall compensate Company for Company’s costs of such service call at the rate of $50.00 per half hour and $150.00 per truck roll charge. SECTION 8 - LIMITATIONS ON WARRANTIES AND LIABILITY 8.1 COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, COVER, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY COST OF SUBSTITUTE PRODUCT(S), FACILITIES, OR SERVICES,, LOSS OF REVENUE, LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPANY’S AGGREGATE LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT WILL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. 8.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8.3 Company’s liability for mistakes, errors, omissions, interruptions, delays, outages, or defects in any Facility or Service (individually or collectively, “Liability”) shall be limited solely to 1/30th of the Monthly Recurring Charge for the affected portion of the Service, for one or more Liabilities of at least two (2) hours in duration in any 24-hour period that is not coincident with any other Liability, (“Credit”), provided that the Liability is reported by Customer during the duration of the Liability. Notwithstanding the foregoing, Company shall not be liable for such Credits if the event is caused in part by force majeure events or Customer’s (or Customer’s equipment’s) actions or omissions. 8.4 Company shall not be liable for any act or omission of any other company or companies furnishing a portion of the Facilities including, but not limited to, the inability of a supplier to provide equipment in a timely manner for Network, or for damages associated with services, facilities, or equipment which it does not furnish, including, but not limited to, damages which result from the operation of Customer’s system, equipment or facilities. In no event shall Company, its affiliates, its/their employees agents, contractors, merchants, or licensors be liable for any loss, damage or claim arising out of or related to: (1) stored, transmitted, or recorded data, files, or software. (i.e., Customer is advised to back up all data, files and software prior to the installation of service and at regular intervals thereafter); (2) interoperability, interaction or interconnection of the Service provided under this Agreement with applications, equipment, services or networks provided by Customer or third parties. 8.5 Neither Customer nor its agents or independent contractors shall offer third parties warranties or representations for the Service which would obligate or otherwise bind Company beyond any warranty or representation expressly set forth in this Agreement. SECTION 9 – RESERVED SECTION 9A - USE POLICIES 9A.1 Except as provided for in Section 3.4 herein, Customer agrees to ensure that all uses of the Facilities by Customer or by any other person (“user”), whether authorized by Customer or not, are legal, appropriate and compliant with all applicable rules, regulations, and orders of any governmental authority having jurisdiction over the Facilities, and this Agreement. Customer shall not use, or permit any other entity or person to use, the Facilities to provide internet access service, cable television service, telecommunications, or any other services to any third party, or any services to or from locations other than the locations set forth in Schedule A. Company reserves the right, upon five (5) business days prior written notice to Customer, to terminate or suspend all rights to use the Facilities if Company (i) determines that such use or information does not conform to the requirements set forth in this Agreement, or (ii) determines that such use or information interferes with Company’s ability to provide the Services to Customer or others. Company’s action or inaction in enforcing the requirements of this Section shall not constitute review or approval of Customer’s or any other users’ use or information. 9A.2 Violation. Any breach of this Article 9A shall be deemed a material breach of this Agreement. In the event of such material breach, Company shall have the right, upon five (5) days prior written notice to Customer, to restrict, suspend, or terminate immediately any or all rights to access to the Facilities, without liability on the part of Company, in addition to any and all other rights and remedies under this Agreement. SECTION 10 - INSURANCE 10.1 Customer shall, at its own expense, secure and maintain in force, throughout the term of this Agreement, General Liability Insurance, with competent and qualified issuing insurance companies, including the following coverages: Product Liability; Hazard of Premises/Operations (including explosion, collapse and underground coverages); Independent Contractors; Products and Completed Operations; Blanket Contractual Liability (covering the 8.F.d Packet Pg. 139 At t a c h m e n t : 4 D a r k F i b e r A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - Page 5 of 6 CONFIDENTIAL and PROPRIETARY rcv. 10.10.17 liability assumed in this Agreement); Personal Injury (including death); and Broad Form Property Damage in policy or policies of insurance such that the total available limits to all insureds will not be less than $2,000,000 Combined Single Limit for each occurrence and $2,000,000 aggregated for each annual period. Such insurance may be provided in policy or policies, primary and excess, including the so-called Umbrella or Catastrophe forms and each such policy shall be endorsed to show Company, its parent and affiliates and its and their directors, officers, agents, servants, employees and independent contractors as additional insureds. In addition, Customer shall maintain in effect, with insurance companies of recognized responsibility, at its own expense, (i) "All Risk" property insurance coverage with limits sufficient to cover the full replacement cost of the Facilities with no co-insurance, (ii) Business Interruption coverage on an actual loss sustained basis, and (iii) such other insurance as may be required by any applicable franchise and/or pole attachment or conduit license agreements, as applicable and naming Company as the loss payee. All policies required by this Section shall require the insurance companies to notify Company at least thirty (30) days prior to the effective date of any cancellation or material modification of such policies. SECTION 11 - ASSIGNMENT 11.1 Neither Party shall assign any right, obligation or duty, in whole or in part, nor of any other interest hereunder, without the prior written consent of the other Party, which shall not be unreasonably withheld. The foregoing notwithstanding, Company may assign this Agreement to any affiliate, related entity, or successor in interest without Customer’s consent. In addition, Company may partially assign its rights and obligations hereunder to any party which acquires from Company all or substantially all of the assets of cable franchise(s) in which the Service is deployed to Customer. 11.2 All obligations and duties of either Party under this Agreement shall be binding on all successors in interest and assigns of such Party. SECTION 12 - FORCE MAJEURE Neither Party shall be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, act of terrorism, government regulations, condemnation of any part of the Network used to provide the Facilities or Services, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, power blackouts, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation common carriers. SECTION 13 - SEVERABILITY In the event that any one or more of the provisions in this Agreement shall for any reason be held invalid, unenforceable, or void in any respect under the laws of the jurisdiction governing the entire Agreement, such provision(s) shall be construed so as to render it enforceable and effective to the maximum extent possible in order to effectuate the intention of this Agreement; and the validity, legality, and enforceability of the remaining provisions hereof shall not be affected or impaired. SECTION 14 - THIRD-PARTY BENEFICIARIES No provision in this Agreement is intended, nor shall any be interpreted, to provide any person not a Party to this Agreement with any remedy, claim, liability, reimbursement, cause of action or create any other third party beneficiary rights against Company. SECTION 15 - INDEPENDENT CONTRACTORS 15.1 The Parties to this Agreement are independent contractors. Neither Party is an agent, representative, or partner of the other Party. Neither Party shall have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture, or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party. 15.2 The requirements of this Article shall survive the expiration, termination, or cancellation of this Agreement to the greatest extent permitted by law. SECTION 16 - NONDISCLOSURE 16.1 Unless prior written consent is obtained from a Party hereto, the other Party will keep in strictest confidence all information identified by the first Party as confidential, or which, from the circumstances, in good faith and in good conscience, should be treated as confidential; provided that (a) the owner thereof has taken reasonable measures to keep such information secret; and (b) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by the public. Such information includes but is not limited to all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or not stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing. A Party shall be excused from these nondisclosure provisions if the information (i) has been, or is subsequently, made public by the disclosing Party, (ii) is independently developed by the other Party, if the disclosing Party gives its express, prior written consent to the public disclosure of the information (iii) or (iv) if the disclosure is required by any law or governmental or quasi-governmental rule or regulation. 16.2 Customer shall not disclose to third parties the rates, terms, or conditions of this Agreement or any proprietary or confidential information of the Company, except (i) as necessary for the operation of Customer’s business and under non-disclosure agreement between Customer and third parties and (ii) as required by applicable law, including, but not limited to, the State Public Records Act, Chapter 42.56 of the Revised Code of Washington (“RCW”). 16.3 Company acknowledges and agree that, as a public agency, records and information provided to or otherwise used by the Customer may be subject to a request submitted under the state Public Records Act. In such an event, Company agrees to cooperate fully with the Customer in satisfying the Customer’s duties and obligations under the Public Records Act, subject to Company’s rights under this Agreement and RCW 42.56.540. If a request is received for records Company has submitted to the Customer and has identified as confidential, proprietary, or protected trade secret material, the Customer will use its best efforts to provide Company with notice of the request in accordance with RCW 42.56.540 and a reasonable time (of no less than 10 days) within which Company may seek an injunction to prohibit the Customer’s disclosure of the requested record. The Customer is not required to assert on Company’s behalf any exemption based on trade secret, proprietary, or confidential information, provided, however, the Customer may assert such exemption if the Customer itself believes in good faith that an exemption applies to the requested records. Comcast agrees to defend, indemnify, and hold the Customer, its officers, officials, employees, agents, and volunteers harmless from any and all claims, 8.F.d Packet Pg. 140 At t a c h m e n t : 4 D a r k F i b e r A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - Page 6 of 6 CONFIDENTIAL and PROPRIETARY rcv. 10.10.17 injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the assertion of an exemption to disclosure under the Public Records Act based upon records claimed or identified by Company as confidential, proprietary, or protected trade secret material. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 16A - CUSTOMER PRIVACY POLICIES 16A.1 In addition to the provisions of Article 16, the privacy policy below applies to Company’s handling of Customer confidential information. In the event of a conflict between the provisions of Article 16 and any provision of the privacy policy below, the applicable provision of the privacy policy shall prevail in the resolution of the conflict. A copy of Company’s privacy policy is available at http://www.comcast.com/customerprivacy/. Company may update this policy from time to time, and such updates shall be deemed effective upon posting. 16A.2 Privacy Note Regarding Information Provided to Third Parties: Company is not responsible for any information provided by Customer to third parties, and this information is not subject to the privacy provisions of this Agreement or the privacy policies. Customer assumes all privacy and other risks associated with providing personally identifiable information to third parties via the Services. SECTION 17 – NOTICES 17.1 Any notices or other communications contemplated or required under this Agreement, in order to be valid, shall be in writing and shall be given via personal delivery, or overnight courier, or via U.S. Certified Mail, Return Receipt Requested, at the following addresses: To Customer: Attn: Director of Information Technology City of Kent 220 Fourth Avenue S. Kent, WA 98032 With a copy to: City Attorney’s Office City of Kent 220 Fourth Avenue S. Kent, WA 98032 To Company: Attn.: VP – Business Services Comcast Cable Communications Management, LLC 1701 JFK Blvd / One Comcast Center Philadelphia, PA 19103 With a copy to: Attn.: Cable Law Department - Operations Comcast Cable Communications, LLC. 1701 JFK Blvd / One Comcast Center Philadelphia, PA 19103 SECTION 18 - HEADINGS AND TITLES The headings or titles of any provisions of this Agreement are for convenience or reference only and are not to be considered in construing this Agreement. SECTION 19 – CHOICE OF LAW The domestic law of the state in which the Services are provided shall govern the construction, interpretation, and performance of this Agreement, except to the extent superseded by federal law. SECTION 20 - COMPLIANCE WITH LAWS Each of the Parties agrees to comply with all applicable local, state and federal laws and regulations and ordinances in the performance of its respective obligations under this Agreement. SECTION 21 - AMENDMENTS; NO WAIVER 21.1 This Agreement may be amended only by written agreement signed by authorized representatives of both Parties. 21.2 No waiver of any provisions of this Agreement or to any default under this Agreement shall be effective unless the same shall be in writing and signed by or on behalf of the Party against whom such waiver is claimed. 21.3 No course of dealing or failure of any Party to strictly enforce any term, right, or condition of this Agreement shall be construed as a waiver of such term, right or condition. 21.4 Waiver by either Party of any default by the other Party shall not be deemed a waiver of any other default. SECTION 22 - SURVIVAL Provisions contained in this Agreement that by their sense and context are intended to survive the performance, termination or cancellation of this Agreement hereof by any Party hereto shall so survive. SECTION 23 - FULLY INTEGRATED This writing constitutes the entire agreement between the Parties as to the subject matter hereof and supersedes and merges all prior oral or written agreements, representations, statements, negotiations, understandings, proposals, and undertakings with respect to the Agreement. SECTION 24 -INTERPRETATION OF AGREEMENT This Agreement is a negotiated document. In the event that this Agreement requires interpretation, such interpretation shall not use any rule of construction that a document is to be construed more strictly against the Party who prepared the document. SECTION 25 - RIGHT TO ENTER INTO CONTRACTS Nothing herein shall be construed as preventing either Party hereto from entering into similar contractual arrangements with other parties, unless such contracts would conflict with the performance of this Agreement. SECTION 26 - REMEDIES CUMULATIVE All rights of termination, or other remedies set forth in this Agreement are cumulative and are not intended to be exclusive of other remedies to which the injured Party may be entitled at law or equity in case of any breach or threatened breach by the other Party of any provision of this Agreement. Use of one or more remedies shall not bar use of any other remedy for the purpose of enforcing any provision of this Agreement; provided, however, that Party shall not be entitled to retain the benefit of inconsistent remedies. SECTION 27 - COUNTERPARTS This Agreement may be executed simultaneously in two or more counterparts, each counterpart shall be deemed an original, and all counterparts individually or together shall constitute one and the same instrument. 8.F.d Packet Pg. 141 At t a c h m e n t : 4 D a r k F i b e r A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - 8.F.d Packet Pg. 142 At t a c h m e n t : 4 D a r k F i b e r A g r e e m e n t ( 1 6 1 4 : O r d i n a n c e G r a n t i n g 1 0 - Y e a r F r a n c h i s e t o C o m c a s t C a b l e C o m m u n i c a t i o n s M a n a g e m e n t , L L C - DATE: February 19, 2019 TO: Kent City Council SUBJECT: Set a Public Hearing Date for the Surplus and Restrictive Covenant Removal for a Portion of the Green River Natural Resource Area in Support of the Lower Russell Road Levee Project MOTION: Set March 5, 2019 as the public hearing date, and direct the City Clerk to give notice as the law requires, for Council to consider whether to surplus and transfer a portion of the Green River Natural Resources Area to the owners of the KOA Campground, and to remove any restrictive covenants that may be necessary to allow that property transfer to occur, all in support of the Lower Russell Road Levee Improvement Project, and conditioned upon the City’s receipt of other land that makes the Green River Natural Resources Area whole and fulfills conversion requirements of existing grant agreements. SUMMARY: The Lower Russell Road Levee Project (Project) is located on the right bank of the Green River between South 212th Street and Veteran’s Way. The landward area is protected by the levee above the 100-year flood level, but the levee will be set back from the river to meet federal stability requirements for levee accreditation. The Project, which is being managed by the King County Flood Control District (District), includes habitat and trail improvements as well as relocation of Van Doren’s Park in addition to the levee’s reconstruction. The Project will reduce flood risks to residences, businesses, and properties in the Kent Valley. On March 6, 2018, Council authorized an Interlocal Agreement (ILA) with the District for the City to acquire those remaining property rights that are needed to support the Project. The most economical way to acquire KOA’s property is through a land exchange transaction where the KOA will transfer a portion of its land to the City in exchange for the City’s transfer of a portion of its Green River Natural Resources Area (GRNRA) to the KOA. The size of the land that would be transferred to the KOA from the GRNRA is still be negotiated, but it will not exceed 66,000 square feet. The GRNRA is owned by the City’s drainage utility and grant open space use restrictions currently limit how the GRNRA may be used. These grants were acquired through King County’s 1993 Regional Conservation Futures Acquisition Program and King County’s Department of Metropolitan Services Regional Shoreline 8.G Packet Pg. 143 Fund. Both grants allow the open space use to be converted upon the acquisition of suitable replacement property. The City and King County are in active discussions on suitable replacement property, and the City believes King County will likely accept the KOA land the City receives through this land exchange, or the previously acquired Suh Property, as replacement property for that portion of the GRNRA to be transferred to the KOA. Through the ILA, the Flood District previously agreed to reimburse the City for its acquisition costs of the Suh Property and the KOA Property, including KOA’s costs to reconstruct campsites on the transferred GRNRA property. Before utility property can be declared surplus and sold or otherwise transferred to a third-party, and before restrictive covenants can be removed from public property, state law requires a public hearing. Staff recommends that the public hearings be combined, and the hearing date set for March 5, 2019. The City is still negotiating with the KOA concerning the size of land it requires to reconstruct its lost campsites, but the parties anticipate resolving that issue by the March 5th hearing date. At the public hearing, Public Works staff will make a presentation of the details of the surplus and land exchange transaction and the public will be afforded an opportunity to comment. At the close of the hearing, if Council supports the surplus and land exchange transaction, it may adopt a resolution directing staff and the Mayor to proceed. Once Council sets the hearing date, the City Clerk will give notice as statutorily required—at least 10 days before the hearing date through the issuance of a press release to the local media. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Notice of Public Hearing (PDF) 8.G Packet Pg. 144 CITY OF KENT NOTICE OF PUBLIC HEARING KENT CITY COUNCIL MEETING March 5, 2019 POTENTIAL SURPLUS OF A PORTION OF THE GREEN RIVER NATURAL RESOURCES AREA (“GRNRA”) IN EXCHANGE FOR COMPARABLE LAND FROM THE KOA CAMPGROUND TO CONSTRUCT LEVEE IMPROVEMENTS ALONG THE GREEN RIVER NOTICE IS HEREBY GIVEN that, in accordance with RCW 35.94.040 and RCW 35A.21.410, the Kent City Council is considering whether to surplus a portion of the GRNRA (the “Property”), owned by the City’s drainage utility, in exchange for: (1) the City’s receipt of land from the KOA Campground, owned by Recreational Adventures Co. (“KOA”), necessary to construct levee improvements (the “KOA Property”), (2) the City’s receipt of a permanent easement over other KOA land in support of the levee improvements, and (3) the reimbursement of all acquisition costs paid by the City to acquire additional land contiguous to the GRNRA and known as the “Suh Property.” The Kent City Council will also consider whether to remove any covenants that restrict the Property’s use to allow for its construction and use by KOA as a campground. Surplus. The City is considering whether to surplus drainage utility land within the GRNRA, up to a maximum of 66,000 square feet in size, and contiguous to the KOA’s southern property boundary, in exchange for: (1) land from the KOA, located along its western boundary, that is approximately 33,866 square feet in size, to be owned by the drainage utility, and needed to construct levee improvements along the Green River; (2) a permanent inspection, maintenance, and utility easement granted to the City over other KOA land that is approximately 5,184 square feet in size and necessary to support the levee improvements and their construction; and (3) the reimbursement by the King County Flood District of the purchase price paid by the City to acquire replacement drainage utility property for the GRNRA, known as the Suh Property, which is approximately 68,560 square feet in size. If approved, the surplus would involve the transfer of up to a maximum of 66,000 square feet of the GRNRA property from the drainage utility to the KOA. However, due to other land the drainage utility will receive in return from the KOA and the City’s acquisition of the Suh Property, the City, its drainage utility, and the GRNRA will be made whole as the combined transactions will result in a net increase of land conveyed to the City. Removal of Restrictive Covenants. In addition to transferring the Property to KOA, the transaction also requires removal of open space restrictions placed on the Property due to it being acquired with grant funds through King County’s 1993 Regional Conservation Futures Acquisition Program and King County’s Department of Metropolitan Services Regional Shoreline Fund. If surplus is approved, the City will negotiate with King County to convert, purchase, or develop such replacement property as is necessary for the project to proceed, and which the City will maintain as open space or such other compatible use in accordance with King County requirements. The City currently anticipates that the KOA Property and/or the Suh Property will satisfy all conversion requirements King County may impose. All interested members of the public are invited to obtain more information about the proposal, and to speak in support or opposition of the property surplus and removal of restrictive covenants, at a PUBLIC HEARING to be held before the Kent City Council at its regularly scheduled meeting on Tuesday, March 5, 2019, beginning at 7 p.m., or as 8.G.a Packet Pg. 145 At t a c h m e n t : N o t i c e o f P u b l i c H e a r i n g ( 1 6 1 3 : S e t a P u b l i c H e a r i n g D a t e f o r t h e S u r p l u s a n d R e s t r i c t i v e C o v e n a n t R e m o v a l f o r a P o r t i o n o f t h e soon thereafter as business permits, in the Kent City Council Chambers, 220 Fourth Avenue South, Kent, WA 98032. Members of the public may also submit written comments at the Public Hearing itself, or in advance by regular U.S. Mail to the City Clerk’s Office, 220 Fourth Avenue South, Kent, WA 98032, or by electronic mail to CityClerk@KentWA.gov. Any written comments sent in advance must be received no later than 4 p.m. on March 5, 2019, in order to be considered. The public notice can be found at the City of Kent’s Website: KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. 8.G.a Packet Pg. 146 At t a c h m e n t : N o t i c e o f P u b l i c H e a r i n g ( 1 6 1 3 : S e t a P u b l i c H e a r i n g D a t e f o r t h e S u r p l u s a n d R e s t r i c t i v e C o v e n a n t R e m o v a l f o r a P o r t i o n o f t h e DATE: February 19, 2019 TO: Kent City Council SUBJECT: Ordinance Amending Kent City Code Chapter 9.38 - Parking Restrictions – Adopt MOTION: Adopt Ordinance No. , which amends Chapter 9.38 of the Kent City Code to add additional parking restrictions in specified locations and to establish a new residential parking zone in the Mill Creek Neighborhood. SUMMARY: This ordinance addresses parking challenges in residential and commercial areas throughout the City. First, Kentridge High School has limited parking for students. As a result, Kentridge students have been observed parking in Glencarin Division 1, Shadow Run, and Jason Lane residential neighborhoods. Prohibiting parking in these neighborhoods between the hours of 10 a.m. to 2 p.m. will help ensure sufficient residential parking remains available. Second, as ridership on Sound Transit’s “Sounder” train has increased, the parking designated for Sounder commuters becomes fully-occupied very early in the morning on most weekdays. This has led commuters to park in the Mill Creek residential neighborhood. To ensure that there is adequate residential parking in this neighborhood, this ordinance establishes a new residential parking zone, “Kent RPZ No. 2,” reserving parking on the surface streets to neighborhood owners, residents and their visitors who might otherwise be displaced. Finally, this ordinance also addresses the impacts to commercial parking by the recent increase in the number of vehicles parking on West Smith Street for extended periods of time at all hours of the day. Specifically, this ordinance creates a new four-hour parking zone that is in effect 24 hours per day, seven days a week. This ordinance contains formatting and non-substantive revisions to the recitals that were made after the Public Works Committee recommended adoption on February 4, 2019. BUDGET IMPACT: The estimated cost to implement parking restrictions in Glencarin Division 1, Shadow Run, and Jason Lane is estimated at $45,000 to remove the existing signs and procure and install approximately 75 new signs. 8.H Packet Pg. 147 The estimated cost to procure and install signs as proposed to implement the previously discussed Mill Creek Residential Parking Zone is estimated at $25,000 to install approximately 38 signs and issue parking permits. The estimated cost to procure and install signs for the previously discussed parking restrictions on West Smith Street is estimated at $10,000 for approximately 20 parking signs. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City ATTACHMENTS: 1. Ordinance Amending Chapter 9.38 - Limited-Time Parking and Residential Parking Zone for Mill Creek Neighborhood (PDF) 2. 11 - Exhibit A - Kentridge Parking Map (PDF) 02/04/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.H Packet Pg. 148 1 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood ORDINANCE NO. AN ORDINANCE of the city council of the City of Kent, Washington, amending the Kent City Code to address residential and commercial on- street parking issues by: (1) adding a new section 9.38.052 to create locations where parking is prohibited between the hours of 10:00 a.m. and 2:00 p.m., (2) amending section 9.38.060 to add streets to the locations with two-hour parking limits, (3) amending section 9.38.065 to add streets to the locations with four-hour parking limits during business hours and establishing a new four-hour parking zone to be in effect at all times, and (4) amending section 9.38.175 to establish a new residential parking zone for the Mill Creek Neighborhood. RECITALS A. Kentridge High School has limited parking available on-site for its students. This has led parking to spill over into residential areas south of the school impacting the surrounding neighborhoods. Specifically, students have been observed parking in the Glencarin Division 1, Shadow Run, and Jason Lane residential neighborhoods. Council desires to address these neighborhood impacts. B. Sound Transit’s “Sounder” train station, Kent Station, is located between James Street and Smith Street between Railroad Avenue and First Avenue North. Sounder operations began in late 2000. A parking 8.H.a Packet Pg. 149 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : 2 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood garage was constructed for the Sounder commuters as well as surface lots and some on-street parking. C. In recent years, ridership on the Sounder has increased significantly. With the success of the Sounder, Sound Transit has increased train operations between Lakewood and Seattle by adding an additional round trip in 2016 and two additional round trips in 2017. Cities on the Sounder South route, including Puyallup, Sumner, Auburn and Kent have experienced parking challenges associated with the Sounder’s increase in ridership as the parking designated for Sounder commuters becomes fully occupied very early in the morning on most weekdays. This has led Sounder commuters to spill over and park in unintended areas of the cities, including residential areas. Specifically in Kent, Sounder commuters have been observed parking in the Mill Creek residential neighborhood. D. Sound Transit is currently designing a project that will construct a second parking garage downtown, however, that parking garage is not scheduled to open until approximately 2023. While Sound Transit continues to address the parking needs of its riders, the City has an immediate need to address the impact to the Mill Creek Neighborhood by adding parking time limits to some locations and creating a residential parking zone. E. Finally, West Smith Street has recently experienced an increase in the number of vehicles parking on the street for extended periods of time and at all hours of the day, which limits the availability of and turnover of parking. F. To address these issues and ensure that there is adequate parking for both residential and commercial needs, this ordinance amends various sections of Chapter 9.38 of the Kent City Code to add additional time limited parking in a number of new locations and to establish a new 8.H.a Packet Pg. 150 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : 3 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood residential parking zone, “Kent RPZ No. 2,” within the Mill Creek Neighborhood. The administration of the residential parking zone will be at no cost to neighborhood residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Chapter 9.38 of the Kent City Code, entitled “Parking,” is amended by adding a new section 9.38.052 entitled, “Parking prohibited from 10:00 a.m. to 2:00 p.m.,” as follows: Sec. 9.38.052. Parking prohibited from 10:00 a.m. to 2:00 p.m. A. Parking time limited. At such time as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle, between the hours of 10:00 a.m. and 2:00 p.m. and during the months of September through June, except weekends and holidays, on either side of the street or portion thereof at the following locations: 1. 124th Avenue Southeast: from Southeast 208th Street to Southeast 211th Street. 2. 125th Avenue Southeast: from Southeast 209th Street to north end of road. 3. 125th Avenue Southeast: from Southeast 209th Street to Southeast 211th Street. 4. 126th Avenue Southeast: from Southeast 208th Street to Southeast 211th Street. 5. 127th Place Southeast: from Southeast 208th Street to Southeast 211th Street. 6. Southeast 208th Place: from 126th Avenue Southeast to end of road. 8.H.a Packet Pg. 151 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : 4 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood 7. Southeast 209th Street: from 170 feet west of 124th Avenue Southeast to 125th Avenue Southeast. 8. Southeast 209th Court: from 126th Avenue Southeast to end of road. 9. Southeast 210th Court: from 126th Avenue Southeast to end of road. 10. Southeast 210th Court: from 127th Place Southeast to end of road. 11. Southeast 210th Place: from 124th Avenue Southeast to end of road. 12. Southeast 210th Street: from 124th Avenue Southeast to end of road. 13. Southeast 211th Street: from 125 feet west of 124th Avenue Southeast to 124th Avenue Southeast. 14. Southeast 211th Street: from 125th Avenue Southeast to 160 feet east of 127th Place Southeast. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. Vehicles parked in violation of this section are subject to impoundment as provided by law. SECTION 2. - Amendment. Section 9.38.060 of the Kent City Code, entitled “Two-hour parking zones,” is amended as follows: Sec. 9.38.060. Two-hour parking zones. A. Two-hour parking limit. Except as provided for under KCC 9.38.070 and 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, or the facilities superintendent for municipal parking facilities, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of two hours between the hours of 9:00 a.m. and 6:00 p.m. on either side of, unless otherwise 8.H.a Packet Pg. 152 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : 5 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood indicated, the following streets, parking lots, parking garages, or portions thereof: 1. Centennial Parking Garage: that portion of the first floor as posted or otherwise marked. A vehicle that displays a valid disabled parking placard or disabled license plate is exempt from the two-hour limitation. 2. City Hall parking lot between City Hall and the Centennial Building: all parking stalls unless otherwise posted or marked. A vehicle that displays a valid disabled parking placard or disabled license plate is exempt from the two-hour limitation. 3. Clark Avenue North: from East Smith Street to East Temperance Street, west side only. 34. East Pioneer Street: from Central Avenue North easterly approximately 150 feet to the alley east of Central Avenue North, south side only. 45. First Avenue North and First Avenue South: from a point 200 feet north of West Meeker Street to West Titus Street. 56. Railroad Avenue North and Railroad Avenue South: from East James Street to East Smith Street, east side only; and from East Smith Street to East Gowe Street. 67. Ramsay Way: from 230 feet east of 4th Avenue North to 350 feet east of 4th Avenue North. 78. Ramsay Way: from 440 feet east of 4th Avenue North to 520 feet east of 4th Avenue North, south side only. 89. Ramsay Way: from 480 feet east of 4th Avenue North to 520 feet east of 4th Avenue North, north side only. 910. Ramsay Way: from 30 feet north of West Temperance Street to 150 feet north of West Temperance Street. 1011. Second Avenue North and Second Avenue South: from West Harrison Street to West Titus Street. 8.H.a Packet Pg. 153 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : 6 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood 1112. State Avenue North and State Avenue South: from East Smith Street to East Gowe Street. 1213. West Gowe Street and East Gowe Street: from Fourth Avenue South to Central Avenue South. 1314. West Meeker Street and East Meeker Street: from Fourth Avenue to State Avenue. 1154. West Harrison Street: from Fourth Avenue North to Second Avenue North. 1516. West Titus Street: from Second Avenue South to First Avenue South, north side only. Provided, that this section shall not apply on Sundays or holidays. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $30. Vehicles parked in violation of this section may be towed and impounded as provided by law. SECTION 3. - Amendment. Section 9.38.065 of the Kent City Code, entitled “Four-hour parking zones,” is amended as follows: Sec. 9.38.065. Four-hour parking zones. A. Four-hour parking limit during business hours. Except as provided for under KCC 9.38.070 and 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of four hours between the hours of 9:00 a.m. and 6:00 p.m. on either side of, unless otherwise indicated, the following streets, public parking lots, public parking garages, or portions thereof: 1. East George Street: from Central Avenue North to State Avenue North. 2. State Avenue North: from 175 feet south of East George Street to north end of road, west side only. 8.H.a Packet Pg. 154 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : 7 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood 13. Railroad Avenue North and Railroad Avenue South: from East Smith Street to East Gowe Street. Provided, that this section shall not apply on Sundays or holidays. B. Four-hour parking limit—At all times. Except as provided for under KCC 9.38.070 and 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of four hours at any time on either side of, unless otherwise indicated, the following streets, public parking lots, public parking garages, or portions thereof: 1. West Smith Street: from 64th Avenue South to Washington Avenue. BC. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $30. Vehicles parked in violation of this section may be towed or impounded as provided by law. SECTION 4. - Amendment. Section 9.38.175 of the Kent City Code, entitled “Residential parking zone” is amended as follows: Sec. 9.38.175. Residential parking zone. A. Purpose of residential parking zone. The city establishes this residential parking zone (RPZ) program in response to parking concerns expressed by residents of the neighborhood surrounding destinations that are expected to generate significant demand for offsite parking in those neighborhoods, the Kent Events Center and as required to mitigate parking impacts of those destinationsthe events center. This RPZ program will reserve parking on the surface streets in the RPZs established hereinNorth Park Neighborhood for neighborhood owners, residents, and their visitors, who might otherwise be displaced by visitors to these destinations. by visitors to or employees of the events center. B. Residential parking zone established. 8.H.a Packet Pg. 155 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : 8 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood 1. The following described area, also known as the North Park Neighborhood, is established as Kent RPZ No. 1: That area bounded on the west by Fifth Avenue North, to the south by West James Street, to the north by State Route 167, and to the east by the Burlington Northern main line (First Avenue North). 2. The following roadways or portions thereof, within the area known as the Mill Creek Neighborhood, are established as Kent RPZ No. 2: a. Cedar Street: from Clark Avenue North to Jason Avenue North. b. Clark Avenue North: from 150 feet north of East Smith Street to East Temperance Street, east side only. c. Clark Avenue North: from East Temperance Street to East James Street. d. East George Street: from State Avenue North to Woodford Avenue North. e. East Temperance Street: from Kennebeck Avenue North to Jason Avenue North. f. Jason Avenue North: from East Smith Street to East James Street. g. Kennebeck Avenue North: from East Temperance Street to north end of road. h. State Avenue North: from East James Street to 175 feet south of East George Street. i. State Avenue North: 175 feet south of East George Street to north end of road, east side only. j. Woodford Avenue North: from East James Street to north end of road. C. RPZ manager. The mayor will appoint from city staff the RPZ manager who shall administer the RPZ program as set forth in this section. The duties of the RPZ manager may be carried out by more than one (1) 8.H.a Packet Pg. 156 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : 9 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood person and may be delegated to the customer services division of the city’s finance department as appropriate. D. Residential parking zone permit. When properly issued and displayed, a RPZ permit or a visitor parking permit will authorize a vehicle to park within the RPZ for which the permit was issued. A property is included within the RPZ only if its address includes, and/or sole access to the property is via, a street that is within the RPZ. The permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator from observing zones where parking is otherwise prohibited, including but not limited to permanent or temporary no parking zones, loading zones, fire zones, and all zones where parking is regulated or prohibited by other applicable laws or regulations of the Kent City Code. E. Permit eligibility. 1. Zone owners and residents. Permits may be issued only to persons who own property or reside in the RPZ established by subsection (B) of this section. At this time, all permits will be issued to RPZ owners and residents free of charge. 2. Resident visitors. The RPZ manager may issue additional permits to each residence within the RPZ for temporary use by residents’ visitors. Visitor permits may not be sold or redistributed for any purpose. 3. Government vehicles. Government vehicles will not be required to obtain permits for the purpose of conducting official business in the North Park Neighborhood. Government vehicles associated with the conduct of business at the Kent Events Center may not park in the an RPZ. F. Use and validity of permits. 1. The RPZ permit is valid only if displayed on the rear left window of the vehicle and only for so long as the permit holder owns or controls the vehicle and resides at the address for which the permit was issued. 8.H.a Packet Pg. 157 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : 10 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood 2. A visitor parking permit shall be valid only if the hang tag is hung from the vehicle’s rearview mirror. 3. All permits shall expire on December 31, 2010, irrespective of the date of issuance. Reissuance shall be in accord with the process set forth in subsection (G) of this section for a term to be determined by the RPZ manager. G. Issuance of permits. The RPZ manager will send four (4) RPZ window decals to the owner of record and to the occupant of each dwelling unit or residence within the RPZ. In addition, the RPZ manager will send fifteen (15) hang tag visitor permits to each owner of record and the occupant of each dwelling unit or residence for temporary use. Each permit issued shall contain the number of the RPZ for which it was issued and a serial number for the permit, together with such other information as determined by the RPZ manager. The RPZ manager is authorized to issue additional RPZ and/or visitor permits, if a demonstrated need exists. Any RPZ resident may make application for additional necessary permits by returning to the RPZ manager a completed application supplied by the city identifying the additional permits required and the reason for the request. Additional permits will be issued at the discretion of the RPZ manager and at no cost at this time. H. Proof of ownership or residence. The following will be sufficient proof of ownership or residence within the RPZ: 1. Appearance as owner of record on the King County recorder’s office website; or 2. A valid driver’s license showing residence at a current address located within the RPZ; or 3. A deed, lease, rental agreement, or other document which, at the discretion of the RPZ manager, establishes residency, and which shows residency within the RPZ. 8.H.a Packet Pg. 158 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : 11 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood I. Revocation or denial of permits – Cause. Any of the following shall be cause for the revocation or suspension of RPZ permits and/or visitor permits by the RPZ manager: 1. The making of any false or misleading statement in application for a permit. 2. The transfer to an unauthorized person or address. 3. The alteration of a permit in any respect in order to gain privileges not authorized by the permit. 4. The display on a vehicle of a permit that has been suspended or revoked. 5. The sale of a permit and the receipt of anything of value in exchange for a permit. J. Revocation or denial of permits – Process. If the RPZ manager finds that a RPZ permit or a visitor permit should be revoked or denied for any of the reasons set forth in subsection (I) of this section, the RPZ manager will send a written notice of revocation or denial to the permit holder, which notice shall contain the following information: 1. That the permit is denied or will be revoked not sooner than ten (10) calendar days from the date of the letter. 2. The reasons for permit revocation or denial. 3. That unless a written notice of appeal is filed with the community development director not later than ten (10) calendar days from the date of the notice of revocation or denial, the permit will be deemed finally revoked or denied. 4. That the basis for the appeal must be contained in the written notice of appeal. K. Revocation or denial – Appeal. An applicant aggrieved by the RPZ manager’s revocation or denial of a RPZ or visitor permit may file a notice of appeal with the community development director who upon 8.H.a Packet Pg. 159 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : 12 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood consideration of the written documentation submitted in the notice of revocation or denial and the notice of appeal will affirm, reverse, or modify the revocation or denial decision, or order suspension for a specified period. L. Violation – Penalty. Effective January 1, 2009, it shall be a parking infraction to park within the RPZ unless the parked vehicle properly displays a valid RPZ permit or a visitor parking permit. Any violation of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. SECTION 5. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 7. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved 8.H.a Packet Pg. 160 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : 13 Amend Chapter 9.38 KCC - Time-Limited Parking and Residential Parking Zone for Mill Creek Neighborhood ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Ordinance\9 38 - Parking - Mill Creek RPZ - Council 2.19.19.docx 8.H.a Packet Pg. 161 At t a c h m e n t : O r d i n a n c e A m e n d i n g C h a p t e r 9 . 3 8 - L i m i t e d - T i m e P a r k i n g a n d R e s i d e n t i a l P a r k i n g Z o n e f o r M i l l C r e e k N e i g h b o r h o o d ( 1 5 9 0 : Kentridge Neighborhood Parking 8.H.b Packet Pg. 162 At t a c h m e n t : 1 1 - E x h i b i t A - K e n t r i d g e P a r k i n g M a p ( 1 5 9 0 : O r d i n a n c e A m e n d i n g K e n t C i t y C o d e C h a p t e r 9 . 3 8 - P a r k i n g R e s t r ) DATE: February 19, 2019 TO: Kent City Council SUBJECT: Agreement with Puget Sound Energy for Power Services Upgrade for 640 Pump Station - Authorize MOTION: Authorize the Mayor to sign a Commercial Electric Facilities Contract with Puget Sound Energy in an amount not to exceed $115,243.30, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 2008, the City identified the need to increase water pressures in the high elevation areas of the Kent water service area to meet regulatory requirements. Hydraulic modeling and system planning was performed, culminating in an adopted plan to construct a 640 Pressure Zone. Since 2008, many of the required system improvements have been constructed - 640 Tank (2010/11), 112th Avenue water main (2013), 3 large pressure reducing valves (2015), 550 small individual pressure reducing valves (2018) and other water main and isolation valve improvements constructed by Public Works Operations personnel. The construction of the 640 Pressure Zone North Pump Station and one remaining large pressure reducing valve are two remaining projects to be constructed. Council awarded the construction contract for the Pump Station to Prospect Construction Inc, on December 11, 2018. Operations staff will construct the remaining large pressure reducing valve as part of their 2019 Work Plan. Upon completion of these remaining improvements, the northern portion of the 640 Pressure Zone will be activated. It is anticipated this will occur in the fall of 2020. Once activated, the residents within the area will realize a water pressure increase of nearly 25 pounds per square inch – almost doubling the current water pressure for residents in the high elevation areas. Puget Sound Energy is the area service provider for electricity. Three-phase power is needed to operate the pumps the City’s pump station, which will serve the new 640 pressure zone. The new power service will run overhead along the West side on 112th Avenue Southeast Northward from just South of Southeast 237th Place to Southeast 236th Place then underground East along Southeast 236th to the City site. This contract covers construction and installation of the power service. BUDGET IMPACT: There is no unbudgeted impact, as this cost was planned for in the 640 Pump Station No. 1 project. 8.I Packet Pg. 163 SUPPORTS STRATEGIC PLAN GOAL: Thriving City ATTACHMENTS: 1. Power Services Upgrade Agreement (PDF) 02/04/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.I Packet Pg. 164 &RQWUDFWLVVXEMHFWWR UHYLVLRQDIWHU GD\V 6XPPDU\RI&KDUJHV Date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³7RWDO$PRXQWWR%H%LOOHG8QGHU7KLV &RQWUDFW´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ity of Kent - Water 11302 SE 236th PL Kent 98031 220 4th Ave S Kent WA 98032 253-856-5662 Add 3 spans of overhead primary wires & new 3 phase overhead to underground primary line extension. $39,623.91 - Labor $9,695.92 - Material $5,347.68 - Transformation $54,667.51 - TOTAL REFUNDABLE COST Mayor@KentWA.gov $ 49,319.83 $ 5,347.68 $ 54,667.51 $ 1,316.74 $ 59,259.05 $ 60,575.79 $ 115,243.30 Non-refundable charges due to high LRC and extensive tree trimming. $1,316.74 - Permitting $15,753.39 - Non-refundable material $43,505.66 - Tree trimming $60,575.79 - TOTAL NON-REFUNDABLE COST 8.I.a Packet Pg. 165 At t a c h m e n t : P o w e r S e r v i c e s U p g r a d e A g r e e m e n t ( 1 5 8 6 : A g r e e m e n t w i t h P u g e t S o u n d E n e r g y f o r P o w e r S e r v i c e s U p g r a d e f o r 6 4 0 P u m p 7(506$1'&21',7,216 352-(&7,1)250$7,21 7KH36(GUDZLQJVKRZVWKHSURSRVHGVFRSHRI\RXUSURMHFWLQFOXGLQJWKHORFDWLRQRISHUPDQHQWDERYHJURXQG HOHFWULFDOIDFLOLWLHVUHTXLUHGWRSURYLGHHOHFWULFDOVHUYLFHWR\RXUSURMHFW)DXOWFXUUHQWLQIRUPDWLRQIRUWUDQVIRUPHUV DVVRFLDWHGZLWK\RXUSURMHFWLVQRWHGRQWKHZRUNVNHWFKGUDZLQJ3OHDVHUHYLHZWKLVGUDZLQJDVVRRQDVSRVVLEOH WRHQVXUHWKHUHDUHQRXQIRUHVHHQFRQIOLFWVEHWZHHQ36(¶VGHVLJQDQG\RXUSURMHFW,I\RXGHWHUPLQHWKHUHDUH FRQIOLFWVRULI\RXLGHQWLI\DGLVFUHSDQF\ZKLOHUHYLHZLQJWKHGUDZLQJIRU\RXUSURMHFWSOHDVHFRQWDFWPHDWWKH QXPEHUEHORZ7KLVLVDWWDFKHGDV([KLELW$ $GGLWLRQDOFRQVWUXFWLRQUHODWHGLQIRUPDWLRQDQGLQIRUPDWLRQRQPHWHULQJDQGVHUYLFHHQWUDQFHUHTXLUHPHQWV DUHSURYLGHGLQ36(¶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¶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¶VUHVSRQVLELOLW\WRPDNHWKHUHIXQGUHTXHVW<RXUUHIXQGUHTXHVWVKRXOGEHGLUHFWHGWR36(¶V&XVWRPHU $FFRXQWLQJ&RRUGLQDWRUVDW6FKHGXOHUHIXQGUHTXHVWV#SVHFRP 5$7(6&+('8/( $OOWHUPVDQGFRQGLWLRQVFRVWVDQGUHIXQGVDUHLQDFFRUGDQFHZLWK36(¶V5DWH6FKHGXOHDQGDQ\ GLVFUHSDQFLHVEHWZHHQWKLVFRQWUDFWDQGWKH5DWH6FKHGXOHZLOOEHUHVROYHGLQIDYRURIWKH5DWH6FKHGXOH5DWH 6FKHGXOHFRQWDLQVPRUHGHWDLOHGLQIRUPDWLRQFRYHULQJFRVWVUHIXQGVULJKWVDQGREOLJDWLRQVWKDQLVUHIOHFWHGLQ WKLVFRQWUDFW7KHHQWLUHW\RI5DWH6FKHGXOHFDQEHYLHZHGDW36(¶VZHEVLWHZZZSVHFRP 7KLVFRVWLQIRUPDWLRQLVYDOLGIRU GD\VIURPWKHGDWHRIWKLVFRQWUDFW6KRXOGZHUHFHLYH\RXUFRQWUDFWDIWHUWKLV SHULRGWKHFRVWVZLOOEHVXEMHFWWRFKDQJHV 7KHDPRXQWQRWHGRQWKLVFRQWUDFWLVDQHVWLPDWHGFRVW KRZHYHU36(¶V6FKHGXOHOLQHH[WHQVLRQWDULIIUHTXLUHV FXVWRPHUVWRSD\WKHDFWXDOFRVWRIFRQVWUXFWLRQ36(ZLOOGHWHUPLQHWKHDFWXDOFRVWRIWKHMRERQFHFRQVWUXFWLRQLV FRPSOHWH,IWKHDFWXDOFRVWRIWKHMRELVPRUHWKDQDERYHRUEHORZWKHHVWLPDWHGFRVWDQDGGLWLRQDOELOOLQJRU UHIXQGZLOOUHVXOWWRDFFRXQWIRUWKHGLIIHUHQFH 7KHUHTXLUHPHQWVIRUWUHQFKLQJE\FXVWRPHUVRQSXEOLFULJKWRIZD\VDQGRURQ3XJHW6RXQG(QHUJ\HDVHPHQWV PXVWEHVLJQHGE\WKHSURMHFWRZQHURUGHVLJQHHDQGUHWXUQHGDORQJZLWKDVLJQHGFRS\RIWKLVFRQWUDFW7KLVLV DWWDFKHGDV([KLELW& 8.I.a Packet Pg. 166 At t a c h m e n t : P o w e r S e r v i c e s U p g r a d e A g r e e m e n t ( 1 5 8 6 : A g r e e m e n t w i t h P u g e t S o u n d E n e r g y f o r P o w e r S e r v i c e s U p g r a d e f o r 6 4 0 P u m p SE 236TH PL (PRIVATE ROAD) 11 2 T H A V E S E 11 2 T H A V E S E SE 237TH PL 11203 11211 11219 11225 11301 11313 11317 23704 11304 11310 11318 11203 11215 11225 "11300" 11206 1121911217 11215 11213 23608 NO D 314529-166407 50kVA 120/240v 314548-166379 25kVA 120/240v 15T, X80980 314534-166379 40T, T80981 314417-166371 75kVA 120/240v (101089129) 314519-166379 314516-166371 75kVA 120/240v 314508-166371 314506-166379 15kVA 120/240v (101089129) 314496-166360 100kVA 120/240v 314495-166374 100kVA 120/240v 314492-166379 314491-166379 314484-166379 37.5kVA 120/240v 314499-166384 D 314498-166398 37.5kVA 120/240v 314499-166411 314496-166427 50kVA 120/240v D #2 A C S R B #2 A C S R ABC 20 12 12 9 ROW 42' LMD 13 11221 STORAGE TANK ABC ABC FRONT GATE ACCESS #2 A C S R #2 A C S R #2 A C S R TREE REMOVAL REQUIRED 314547-166367 750kVA 277/480v 400' OF EXISTING 1 - 4" CONDUIT (105074125) 314534-166379 15T UNK 150' 160' 130' 314532-166379 65T, T80982 SITE PLAN Owner / Developer Contact Info officeATTN: CITY OF KENT - WATER 220 4TH AVE S KENT, WA 98032 BRYAN BOND 253-856-5662 10 5 0 8 8 4 5 7 THIS SKETCH NOT TO BE RELIED UPON FOR EXACT LOCATION OF EXISTING FACILITIES CALL (800) 424-5555 2 BUSINESS DAYS BEFORE YOU DIG For contacts below dial 1-888-CALL PSE (225-5773) FOREMAN (CHECK BOX WHEN COMPLETED) PSE Equipment LOCKED/SECURED & Work Area left in CLEAN/SAFE Condition. Grid, Cable, and Switch numbers INSTALLED & VERIFIED. Field Changes RED-LINED on As-built. Indicate correct FUSE SIZE on As-built & VERIFY proper PHASE. Foreman's Signature _______________________________________________ Print Name ___________________________________ Date ______________ Material VERIFIED and CHANGES noted on Paperwork. Total PRIMARY Cable noted on As-built. Company ID#'s RECORDED in correct location on As-built. Deviations noted on the As-built and their reason. I certify that the work performed meets PSE's standards and procedures and that all quality requirements are met. CIRCUIT LOADING TABLE AS OF EXIST. PEAK LOAD EST. NEW LOAD TOTAL CIRCUIT: A PHASE B PHASE C PHASE LMD-13 2018 54 62 62 .27 .27 .27 54.27 62.27 62.27 505683040 105088457 101111760 108106155 593195192 594120499 PROJECT PHASE PWR NOTIF#ORDER# Superior Pole Repl. Pole Removal OH Misc. UG Misc. POWER GENERAL NOTES - COMMERCIAL PROJECT 8. EXCAVATION: The customer is to provide all trenching, backfill, vault excavations, compaction and restoration per this sketch and per PSE standards. A minimum protective cover of 36" is required over PSE's primary voltage equipment and 24" is required of PSE's secondary voltage equipment. The customer will provide any and all shoring or they will side slope the trench to 1:1. All materials to be installed in accordance with Puget Sound Energy's (PSE) standards. Any deviation from this work sketch must be AUTHORIZED by PSE's Project Manager and NOTED on the Foremans' Copy. All switching arrangements and/or outage arrangements are to be made with the Project Manager at least three (3) working days in advance. Contact the Utilities Underground Location Center (1-800-424-5555) at least 48 hours prior to commencing work to get the underground facilities located. STAKING: The customer will provide all staking (transformer, handhole, trench, grade, lot, pole, sidewalk, etc.). See sketch and details for locations. Equipment locations must be approved by the Project Manager. SITE PREPARATION: The work area will be at or near finished grade, clear of trench spoils or construction materials which would restrict construction and/or equipment access, before work can begin. Roads shall be paved or have a compacted , crushed rock base in place. CLEARANCES: Transformers require a minimum of 6 feet from fire fighting equipment, 10 feet from combustible walls, overhangs, doors, and windows, and a minimum of 5 feet from the back of curb (or guard posts will be required per PSE standards). All conduits and vaults are to be at least 5 feet away from water, storm and sewer lines when paralleling them in the right of way, and at least 1 foot when crossing them. All work is to be done in accordance with local municipal and county permit requirements as applicable. Customer/Developer is responsible to provide, install and maintain all secondary service cables, conduits and crossings from the individual unit's meter base to the designated connection point. Inclement weather conditions may cause delays in construction times and dates. 1. 2. 3. 4. 5. 6. 7. 9. 11. 10. PSE No No No Yes Yes Yes No YesDeveloper "Flagging Required" "Outages Required" "Locates Required" E-Mail: Cell Phone: Project Manager Contact Information: Manager:VAL BUZUNOV 425-457-9938 VAL.BUZUNOV@PSE.COM N Vicinity Map N/A SCALE: 1" = 50' Installed at site: Grid Number: kVA Rating: Foreman to redline the following information TRANSFORMER INSTALLATION Company ID#: Primary phase connected to: Tested Secondary Voltage Material ID#: V01 314547-166367 750kVA 6259300 UTILITIES CONTACT PHONE# COUNTY 1/4 SEC U-MAP NO (POWER) OP MAP Emer Sect Gas Wk Ctr POWER WK CTR PLAT MAP JOINT FACILITIES ARRANGEMENTS DRAWN BY CHECKED BY APPROVED BY FOREMAN #1 FOREMAN #2 MAPPING INCIDENT MAOP Gas Order Elect Order SCALE PAGE ENGR - POWER ENGR - GAS FUNCTION PROJECT MGR PERMITREAL ESTATE/EASEMENT 2 1 REV# 3 DATE DESCRIPTIONBY CONTACT PHONE NO DATE OH CKT MAP CIRCUIT NOUG CKT MAP VAL BUZUNOV 425-457-9938 07/30/18 JUSTIN HANG 253-508-7880 07/30/18 N/A N/A N/A JUSTIN HANG 253-508-7880 07/30/18 RW-110617 CITY OF KENT CITY OF KENT - 640 PUMP STATION #1 3Ø OH L/E & 3Ø OH-UG L/E 11302 SE 236TH PL, KENT, WA 98031 N/A N/A N/A 105088457 AS NOTED 1/2 KING COUNTY N/A N/A CSPSKEIN T22N, R05E, SEC 17 SE N/A N/A 2205E068 2205E084 2205E068 LMD-13 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A SITE SPECIFIC NOTES AT P01 GRID NUMBER 314491-166379 (EXISTING): -EXISTING BØ PRIMARY WIRE TO REMAIN -INSTALL 5 - 12kV ARM PINS & INSULATORS ON EXISTING ARM (6015.1000, INDCDPT)3-20 -INSTALL 2 - 12kV ARM-MOUNTED DEADENDS (N)(6016.1000, DEDR21A) -INSTALL 2 - STIRRUP & HOT CLAMP (S)(MID: 2254000 & 2153100) -INSTALL 2 - "H" CONNECTOR (N)(MID: 2167000) -INSTALL 2 - #4 CU JUMPER & TAP AØ & CØ (MID: 9998076) AT P02 GRID NUMBER 314506-166379 (EXISTING): -EXISTING BØ PRIMARY WIRE TO REMAIN -RELOCATE EXISTING L/B C/O & FUSE 1' DOWN THE POLE 1-08a -INSTALL 1 - FIBERGLASS BI-UNIT ARM (S)(6033.2010, TANC312)3-20 -INSTALL 2 - 12kV ARM PINS & INSULATORS (6033.2010, INDBFGA) AT P03 GRID NUMBER 314519-166379 (EXISTING): -EXISTING BØ PRIMARY WIRE TO REMAIN -INSTALL 1 - FIBERGLASS BI-UNIT ARM (S)(6033.2010, TANC312)3-20 -INSTALL 2 - 12kV ARM PINS & INSULATORS (6033.2010, INDBFGA) AT P04 GRID NUMBER 314532-166379 (NEW): -INSTALL 45' CL-3 DISTRIBUTION POLE W/ GROUNDS 15' SOUTH OF (6010.1000, PD403)3-19b EXISTING POLE P05 -INSTALL 1 - 12kV PTP & INSULATORS (6033.2010, INDBPTP) -INSTALL 3 - STIRRUP & HOT CLAMP (S)(MID: 2254000 & 2153100) -INSTALL 1 - FIBERGLASS BI-UNIT (S) (6033.2010, TANC312) -INSTALL 2 - 12kV ARM PINS & INSULATORS (6033.2010, INDBFGA) -INSTALL 1 - 3Ø TERMINATIONS ON F/G TRI-UNIT ARM (6043.1000, TSU3L1F) -INSTALL 3 - L/I C/O FUSE AT 65T & TAP AØ, BØ, & CØ (6043.1000, 9999109) -INSTALL 1 - 4" CONDUIT RISER ON S/O BRACKET (6042.1000, RIS4CSS) AT P05 GRID NUMBER 314534-166379 (EXISTING): -REMOVE EXISTING 1959 40' B/O DISTRIBUTION POLE 2-129 -TRANSFER EXISTING STREET LIGHT TO NEW POLE P06 AT P06 GRID NUMBER 314534-166379 (NEW): CHARGED TO W.O. # 101111760 -INSTALL 45' CL-3 DISTRIBUTION POLE (6010.1000, PD453)3-10 -INSTALL 1 - 12kV PTP & INSULATORS (6015.1000, INDBPTP) -INSTALL 1 - STIRRUP & HOT CLAMP (S)(MID: 2254000 & 2153100) -INSTALL 1 - "H" CONNECTOR (N)(MID: 2167000) -INSTALL 1 - #4 CU JUMPER & TAP BØ (MID: 9998076) -INSTALL 1 - 12kV FIBERGLASS DEADEND ARM (6033.2030, DEC2315) -INSTALL 2 - 12kV ARM-MOUNTED DEADENDS (S)(6033.2030, 2220150) -INSTALL 2 - 12kV ARM-MOUNTED DEADEND (N & S)(6016.1000, DED001P) -TRANSFER PRIMARY WIRES -INSTALL 1 - STIRRUP & HOT CLAMP (N)(MID: 2254000 & 2153100) -INSTALL 1 - 12kV 1Ø TERMINATION ON SINGLE F/B ARM (N)(6043.1000, TSU1C1)3-19b -INSTALL 1 - 12kV L/B C/O FUSE AT 40T & TAP BØ (N)(6022.1000, DLS115L & 3412500) -INSTALL 1 - 3/8" PRIMARY & NEUTRAL DOWN GUY (6013.0100, GYD3SA & GYD3SAN) -INSTALL 1 - 10" SINGLE HELIX ANCHOR, L = 10'(6012.1000, ANDH1) -INSTALL 1 - 4" RIGID CLEVIS & NEUTRAL IN COMMON POSITION (6015.1000, INDNRC) -INSTALL 1 - 3" CONDUIT RISER ON NEW S/O BRACKET, ±30', _____(6042.1000, RIS3CSS) -TRANSFER EXISTING PRIMARY OH-UG CABLE -COMM'S TO TRANSFER -TRANSFER STREET LIGHTS 2-302 -INSTALL GRID NUMBER 314534-166379 P07 GRID NUMBER 314548-166379: CHARGED TO W.O. # 101111760 -REMOVE EXISTING PTP -INSTALL 1 - 12kV PTP (N)(6015.1000, INDCDPT)1-08a -INSTALL 2 - 12kV POLE MOUNTED DEADENDS 2ACSR (N & S)(6016.1000, DEDR21P) -INSTALL 2 - STIRRUP & HOT CLAMP (N & S)(MID: 2254000 & 2153100) -INSTALL 1 - "H" CONNECTOR (N)(MID: 2167000) -INSTALL 1 - 12kV BI-UNIT F/G ARM (6011.1100, ARD1F02) -RELOCATE EXISTING L/B C/O SWITCH 15T FUSE TO NEW F/G ARM -INSTALL 1 - 12kV L/B C/O SWITCH & FUSE AT 15T (6022.1000, DLS115L) -INSTALL 1 - #4 CU JUMPER WIRE & TAP BØ (CONNECT W/ 15T FUSES)(MID: 9998076) IP1: -INTERCEPT EXISTING 1 - 4" CONDUIT AND RE-ROUTE TO V01. V01 GRID NUMBER 314547-166367: -PSE TO CONNECT 2 - RUNS OF CUSTOMER OWNED, INSTALLED, & MAINTAINED 350kCMIL QUAD M01: -PSE DEPARTMENT TO INSTALL 600A CT METER SPAN SPECIFIC NOTES "A" TO P04: -EXTEND & INSTALL ±20' OF 1 - 4" DB120 GREY PVC CONDUIT, ±____' *SEE PRIMARY & CONDUIT TABLE FOR ADDITIONAL INSTALLATION* WIRE STRINGING PRIMARY & SECONDARY Location Pri Sec Wire Size & Type Quantity Length (per conductor)TotalFrom To P02 P03 X - (2) #2ACSR PRI 2 150' 300' P03 P04 X - (2) #2ACSR PRI 2 160' 320' P04 P05 X - (2) #2ACSR PRI 2 130' 260' 314434-166378 100T X1736 #2 A C S R ABC SE 240TH ST SE 240TH ST 11 2 T H A V E S E 1/ 0 A L J K T CUSTOMER DEVELOPMENT NOTES A PRE CONSTRUCTION MEETING IS REQUIRED WITH YOUR PROJECT MANAGER PRIOR TO STARTING ANY SITE WORK. CUSTOMER IS RESPONSIBLE FOR ALL TRENCHING, SELECT BACKFILL, COMPACTION & RESTORATION PER PUGET SOUND ENERGY STANDARDS & LOCAL MUNICIPALITY. **DEVELOPER NEEDS TO FOLLOW ALL TRENCH DETAILS ON SELECT BACKFILL** CUSTOMER IS RESPONSIBLE FOR THE FOLLOWING: VAULTS & WORK PITS. -PROVIDE A 4' X 4' WORK PIT & 1 YARD OF 3/4 YARD OF SAND AT STUBOUT "IP1", "IP2", & P06 -PROVIDE A 11' X 11' WORK PIT & 1 YARD OF 5/8 MINUS CRUSHED ROCK AT V01. JOB SITE READINESS. -JOB SITE NEEDS TO BE 100% READY FOR INSPECTION 5 BUSINESS DAYS PRIOR TO CONSTRUCTION DATE. -ALL WORK IN RIGHT OF WAY MUST BE COORDINATED WITH PROJECT MANAGER AND LOCAL MUNICIPALITY. -ALL TRENCH, AND LOCAL ELECTRICAL MUNICIPALITIES AKA "L&I, CITY", INSPECTIONS MUST BE COMPLETED 5 BUSINESS DAYS PRIOR TO SCHEDULED CONSTRUCTION DATE. -REQUIRED TO OPERATE AND PROVIDE EQUIPMENT TO PUMP OUT WATER FOR WORK PITS, VAULTS & TRENCH AT ALL TIMES. -REQUIRED TO HAVE EXCAVATION EQUIPMENT AND BE ON SITE THE DAY OF CONSTRUCTION TO COMPLETE BACKFILLING. -IF A SECOND INSPECTION IS REQUIRED, ADDITIONAL FEE'S WILL BE APPLIED. -PLEASE REVIEW THE CITY OR KING COUNTY TRENCHING REQUIREMENTS UNDER THE PERMIT. -IF A PRE-CON IS REQUIRED BY THE CITY, COUNTY OR W.S. DOT A PSE PROJECT MANAGER WILL SET UP AND SCHEDULE A MEETING WITH THE MUNICIPALITY BEFORE ANY EXCAVATION OR INSTALLATION BEGINS . LRC: % V. Drop: % Flicker: Sq. Footage: Panel Size: Heat Type: Est. Demand: N/A 600AMPS ELECTRIC 5KW 468A 0.0% 3.8% CIRCUIT FEET ADDED: 430' JOB SITE 505818179 104303171Perm. Service POLE RETIREMENT TABLE TEMP TRANSFERS ST. LIGHT TRANSFERS SITE # POLE DATA POLE TEL TV FIBER TRAN RMVD ID NUMBER GRID # HEIGHT CLASS YEAR TOPPED RMVD P05 314534-166379 40 N/A 1959 3-20 3-20 3-20 FAULT CURRENT TABLE 3075$16)250(56 Y 120V WINDINGS 208V WINDINGS LOCATION SIZE R/X MIN. %Z FAULT CURRENT MIN. %Z FAULT CURRENT V01 750KVA 0.1 --0.0163 16,957 AMPS EXHIBIT A 8.I.a Packet Pg. 167 At t a c h m e n t : P o w e r S e r v i c e s U p g r a d e A g r e e m e n t ( 1 5 8 6 : A g r e e m e n t w i t h P u g e t S o u n d E n e r g y f o r P o w e r S e r v i c e s U p g r a d e f o r 6 4 0 P u m p S t a t i o n - A u t h o r i z e ) 314532-166379 65T, T80982 314547-166367 750kVA 277/480v PSE TO INSTALL ±30' OF 1 - 4" DB120 GREY PVC CONDUIT 90°, R = 60" 6' X 6' WORK PIT & 5/8 MINUS CRUSHED ROCK 4' X 4' WORK PIT 3/4 YARD OF SAND EXISTING ±400' OF 1 - 4" CONDUIT INSTALLED UNDER W.O. #105074125 90°, R = 60" 400'15' 15' PSE TO INSTALL ±15' OF 1 - 4" DB120 GREY PVC CONDUIT 4' X 4' WORK PIT 4' X 4' WORK PIT 314532-166379 65T, T80982 314547-166367 750kVA 277/480v PSE PROVIDED & INSTALLED ±480' OF (3) 1/0 AL JKT PRIMARY CABLE AØEHW955 BØEHW956 CØEHW957 OVERHEAD CIRCUIT MAP SCALE: 6" = 1 MILESCALE: 6" = 1 MILE UNDERGROUND CIRCUIT MAP UTILITIES CONTACT PHONE# COUNTY 1/4 SEC U-MAP NO (POWER) OP MAP Emer Sect Gas Wk Ctr POWER WK CTR PLAT MAP JOINT FACILITIES ARRANGEMENTS DRAWN BY CHECKED BY APPROVED BY FOREMAN #1 FOREMAN #2 MAPPING INCIDENT MAOP Gas Order Elect Order SCALE PAGE ENGR - POWER ENGR - GAS FUNCTION PROJECT MGR PERMITREAL ESTATE/EASEMENT 2 1 REV# 3 DATE DESCRIPTIONBY CONTACT PHONE NO DATE OH CKT MAP CIRCUIT NOUG CKT MAP VAL BUZUNOV 425-457-9938 07/30/18 JUSTIN HANG 253-508-7880 07/30/18 N/A N/A N/A JUSTIN HANG 253-508-7880 07/30/18 RW-110617 CITY OF KENT CITY OF KENT - 640 PUMP STATION #1 3Ø OH L/E & 3Ø OH-UG L/E 11302 SE 236TH PL, KENT, WA 98031 N/A N/A N/A 105088457 AS NOTED 2/2 KING COUNTY N/A N/A CSPSKEIN T22N, R05E, SEC 17 SE N/A N/A 2205E068 2205E084 2205E068 LMD-13 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A VAULT & EQUIPMENT TABLE Site Grid Number Vault Size & Cover Type & Size Equipment In Vault Primary Bushings Transformer ID Numbers (Company ID) ASBUILT INFORMATION Foreman-Complete LB DC V01 314547 166367 7'x7'x4'2" w/60"x24" Hole Matid: 7917901 750KVA PM TRF 277/480V Matid: 6259300 3 - NOT TO SCALE CONDUIT DIAGRAM NOT TO SCALE CABLE DIAGRAM PRIMARY CABLE & CONDUIT TABLE LOCATION CONDUIT PRIMARY CABLE ASBUILT INFORMATION SIZE Qty LENGTH Design (ft) BENDS PULL PULL Cable LENGTH Design (ft) Cable Numbers Foreman Please Record Foreman - Complete FROM TO (in)90° 45°22° 11° (lbs) Rev (lbs)Size A B C Manufacturer Compound Year Actual Amount Installed (Conduit & Cable) P05 V01 4" 1 30 3 - - -304 304 1/0 AL JKT 480' EHW955 EHW956 EHW957 JOB SITE JOB SITE 2" Excavation - 20 cubic yards 10'-0" 7'-0" 8'-0" 8" 4'-2" SIDE VIEW 4'-6"Crushed 6" Rock 11' 11' TOP VIEW 3'-6" 7'-0" 6045.5000Not to scale VAULT & EXCAVATION DETAIL AT V01 Communications Primary Power Cables or Conduit Excavated Dirt Pile ROADSIDE Final Grade 24" Min 12" Min Separation 36" Min Cover 48" Max Backfill (No rocks over 10" diameter) Separation 12" Min Gas 4" Sand Bedding 32" Typical (Power, Gas, and Communications) JOINT TRENCH DETAIL Primary-Mainline Gas & Communications (NTS) 6" or 12" Min Sand Shading after Compaction - A 6" layer of sand is allowed when excavated native material contains rocks no larger than 8" in diameter. Trench and backfill requirements for primary electric line extension trenches (No PSE gas) - A 12" layer of sand is required when excavated native material contains rocks up to 10" in diameter. TV & TEL Electric Service Cable in Conduit 3" Schedule 40 Grey PVC Excavated Dirt Pile Final Grade 24" Min 24" Min to 36" Max Cover Separation 12" Min 20" Min JOINT TRENCH DETAIL Electric Service Cable in Conduit (NTS) To Excavated Dirt Pile 36" MINIMUM COVER IN RIGHT OF WAY Backfill for Conduit Free of rocks larger than 8" in diameter) Backfill for In Conduit - The backfill layer shall be soil that is free from construction debris, glass, sharp rocks, frozen clods, and rocks larger than 8" in diameter. FLOW DIRECTION LAY 8" BOTTOM SKIRT ON TOP OF NATIVE SOIL, SECURE WITH PEA GRAVEL BAGS (MID 9995692). 6' 3' 8" TECHNIQUES FOR EROSION AND SEDIMENT CONTROL SILT FENCE DETAIL Not to Scale 0150.3200 ARE TO BE INSTALLED, CROSS SECTION DETAILS OF THE TYPICAL EROSION STRUCTURES, & SPECIAL REQUIREMENTS FOR WORK IN SENSITIVE AREAS.) EROSION & SEDIMENT CONTROL REQUIREMENTS NOTES DETAILING WHERE EROSION OR SEDIMENT CONTROL STRUCTURES (LOCAL JURISDICTIONS MAY HAVE ADDITIONAL REQUIREMENTS INCLUDING 0150.3200 TECHNIQUES FOR TEMPORARY EROSION & SEDIMENT CONTROL EROSION & SEDIMENT CONTROL SHALL BE PER PSE STANDARD PRACTICE & ANY ADDITIONAL LOCAL JURISDICTION REQUIREMENTS. CUST. SERVICE ENTRY CUST. SERVICE ENTRY PSE PRIMARY ENTRY CONDUIT RISER PLACEMENT DETAIL AT P04 & P06 TOP VIEW Not to Scale Standoff Bracket 15" Min Length Conduit Clamp Conduit Field Face Quadrant Climbing Space Road Face Quadrant Climbing Space 5" Min CL LC Direction of Vehicular Traffic DEDICATED FACILITIES FOR 468A LRC SITE SPAN ADDITIONAL REMARKS LABOR UNITS # FROM TO FOOTAGE V01 --- UPGRADE 112.5kVA TO 750kVA 277/480V UTILITY POLE EROSION CONTROL DETAIL TOP VIEW DRY DRAINAGE DITCH or DRY VEGETATED SITE SLOPE Place gravel bags for Sediment Trap Place straw mulch on disturbed areaExcavated or Augered Hole Pole SLOPE Not to scale Drainage ditches or Dry vegetated sites COOLING 5' MIN 5' MIN 10' MIN 5' MIN FINS ACCESS CONCRETE PAD MINIMUM CLEARANCES FOR PSE EQUIPMENT AT V01 CURB OR EDGE OF PAVEMENT CURB OR EDGE OF PAVEMENT 5' MIN ROAD OR PARKING AREA TYP. PAD & TRANS- FORMER 3' MIN 1.5' MIN 1.5' MIN DOOR ACCESS DOOR REQUIRED WORK SPACE AREA 6775.0035 Not to scale 3' 3' 3' 3-19b 3-19b FAULT CURRENT TABLE 3075$16)250(56 Y 120V WINDINGS 208V WINDINGS LOCATION SIZE R/X MIN. %Z FAULT CURRENT MIN. %Z FAULT CURRENT V01 750KVA 0.1 -- 0.0163 16,957 AMPS 314534-166379 15T UNK MINIMUM CLEARANCES FOR PSE EQUIPMENT AT V01 NOT TO SCALE OIL-FILLED EQUIPMENT TRANSFORMER APPROVED AREA CO M B U S T I B L E B U I L D I N G W A L L S & R O O F 10' 10' 10' PROPOSED UG PRIMARY EXISTING UG PRIMARY PRIMARY SPLICES SPLICE PIT DETAIL SCALE: NONE EXHIBIT A 8.I.a Packet Pg. 168 At t a c h m e n t : P o w e r S e r v i c e s U p g r a d e A g r e e m e n t ( 1 5 8 6 : A g r e e m e n t w i t h P u g e t S o u n d E n e r g y f o r P o w e r S e r v i c e s U p g r a d e f o r 6 4 0 P u m p S t a t i o n - A u t h o r i z e ) PSE ELECTRICAL FACILITIES EXCAVATION REQUIREMENTS AND FINAL GRADE CERTIFICATION 1. This document is an agreement between Puget Sound Energy (PSE) and the Owner/Developer (Developer) who is providing excavation for the installation of PSE's facilities. This document does not provide an easement for operating rights. If PSE determines that a recordable easement on the Developer's property or other property is necessary, it shall be the Developer's responsibility to obtain such easements in a form acceptable to PSE prior to construction. PURPOSE Developer is responsible for acquiring utility locates by calling One-Call, 1-800-424-5555 at least 48 hours (two full working week days) prior to digging. The excavation must meet the requirements of the Washington Administrative Code and Safety Standards. Developer shall call the PSE contact person noted below for trench and route approval prior to starting excavation. Theelectricalprimarytrenchshallbeexcavatedtoprovideaminimumof36inchesoffacilitycoverage,toamaximum trenchdepthof48inches.Theelectricservicetrenchshallbeexcavatedtoprovideaminimumof24inchesoffacility coverage,toamaximumtrenchdepthof36inches.A12inchhorizontalseparationisrequiredbetweenPSEelectrical facilitiesandotherutilitieswithinajointtrench. All back fill must be free of sharp objects and construction debris. Developer shall provide and install sand bedding and shading for electrical facility protection as directed by PSE's contact person. Developer is responsible for any damages caused by improper backfill or compaction. Developer agrees to maintain a minimum of 2 feet of horizontal clearance between PSE conduit, pipe or conductors and any foundation on Developer's property. The vault excavation shall be dug to the dimensions noted on the attached work sketch. Vault holes shall have a solid level bottom with a 6 inch deep layer of crushed rock bedding. Developer shall provide the excavation for PSE electrical facilities within the designed location. Developer shall identify and provide final grade, property lines, and utility easements prior to installation of PSE's electrical facilities. Developer will be financially liable for the relocation of PSE's facilities which are inadequately covered, located outside the area where PSE has adequate operating rights, improperly graded inhibiting standard access and/or any damages resulting from dig-ins due to changes or variations in grade that are made after the installation of PSE's facilities. EXCAVATION REQUIREMENTS The requirements and conditions outlined below apply when you provide the excavation for PSE's electrical facilities as a condition of receiving electrical service for your project. If you need additional information, please call the PSE contact person listed below. 2. 3. 4. 5. 28060 6. FINAL GRADE CERTIFICATION By my signing below, I certify that the electrical facilities work area shall be at final grade prior to excavation. I assume full responsibility for my excavation work and the resulting location of these facilities. I also agree to indemnify, defend, and hold harmless Puget Sound Energy from all liability arising out of, or in connection with my work, including but not limited to all claims, losses, damages, and expenses, including reasonable attorney's fees, which result from my failure to excavate within easement areas or rights-of-way, or from digging without adequate rights on adjoining properties. 7. 8. Work Order Number:6HUYLFH$GGUHVV: 6LJQDWXUH 1DPH 7LWOH 'DWH 11302 SE 236th PL, Kent, WA 98031 105088457 EXHIBIT B8.I.a Packet Pg. 169 At t a c h m e n t : P o w e r S e r v i c e s U p g r a d e A g r e e m e n t ( 1 5 8 6 : A g r e e m e n t w i t h P u g e t S o u n d E n e r g y f o r P o w e r S e r v i c e s U p g r a d e f o r 6 4 0 P u m p REQUIREMENTS FOR TRENCHING BY CUSTOMERS ON PUBLIC RIGHT-OF-WAYS AND/OR ON PUGET SOUND ENERGY, INC. EASEMENTS The following outlines most local governmental guidelines and company standards for trenching on a public right-of-way or Puget Sound Energy, Inc. (PSE) easement. Any trenching performed by the customer, or their contractor, under a PSE permit or easement must comply with these requirements. 1. All trench construction must be performed by a Washington State licensed and bonded contractor. 2. Trench excavation, backfill, restoration, and facility placement must be coordinated with a PSE designated representative, and receive on-site approval by that representative, and local jurisdiction. 3. Right-of-way easement trenching and backfill must be performed during normal business hours, Monday through Friday. Same day excavation and backfill is required for all trenching. Job start notification to the local jurisdiction is the responsibility of Potelco, Inc. Customer shall notify Potelco Project Manager three working days prior to trenching. Penalties for failure to comply with this requirement will be borne by the customer. 4. If the job scope requires excavation beyond a single day, fencing and barricading must be installed around utility facilities exposed above the trench, if allowed, must be in accordance with local regulatory requirements. 5. PSE, all participating utilities, and One-Call Locate, must be notified a minimum of 72 hours in advance of the date and time for right-of-way trenching and facility placement. The One-Call Locate number is 1-800-424-5555. State law requires locating service notification. 6. Excavated material must remain clear of the roadway whenever possible. Excavation material, spoils, and debris shall be removed off-site each day, in accordance with local regulatory requirements. All erosion control requirements in accordance with local regulatory requirements are the responsibility of the customer. 7. Material excavated from the shoulder of the right-of-way shall be properly disposed, and replaced with select backfill material in accordance with local regulatory requirements. 8. Proper compaction is required to comply with local regulatory specifications. If the permit requires compaction testing, the cost of said testing is the responsibility of the customer. 9. All permit requirements, traffic control plans, traffic control and flagging shall meet local regulatory specifications and satisfaction. 10. In the event of failure to abide by the above requirements, PSE reserves the right, at its sole discretion, to assume trenching. In the event of delays due to equipment failure, PSE may assume trenching to meet regulatory and joint construction requirements. The customer is responsible for all trenching costs, and will reimburse the company for costs should PSE perform the trenching. 11. The customer agrees to indemnify, defend and hold harmless PSE from all liability (including reasonable attorneys' fees) arising out of, or in connection with, the above mentioned trenching activities. I AGREE TO ADHERE TO THE ABOVE CONDITIONS &XVWRPHU,QLWLDOV: &XVWRPHU,QLWLDOV: 6LJQDWXUH 1DPH 7LWOH 'DWH Work Order Number:6HUYLFH$GGUHVV:11302 SE 236th PL, Kent, WA 98031 105088457 EXHIBIT C8.I.a Packet Pg. 170 At t a c h m e n t : P o w e r S e r v i c e s U p g r a d e A g r e e m e n t ( 1 5 8 6 : A g r e e m e n t w i t h P u g e t S o u n d E n e r g y f o r P o w e r S e r v i c e s U p g r a d e f o r 6 4 0 P u m p DATE: February 19, 2019 TO: Kent City Council SUBJECT: Puget Sound Energy Utility Easement for 640 Pressure Zone North Pump Station No. 1 - Authorize MOTION: Authorize the Mayor to sign all documents necessary for an easement to Puget Sound Energy for power service on parcel No. 1722059184 for the 640 Pressure Zone North Pump Station , subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 2008, the City identified the need to increase water pressures in the high elevations of its water service area to meet regulatory requirements. Hydraulic modeling and system planning was performed, culminating in an adopted plan to construct a 640 Pressure Zone. Since 2008, many of the required system improvements have been constructed - 640 Tank (2010/11), 112th Avenue Water Main (2013), 3 large pressure reducing valves (2015), 550 small individual Pressure reducing valves (2018) and other water main and isolation valve improvements constructed by Public Works Operations personnel. The construction of the 640 Pressure Zone North Pump Station and one remaining large pressure reducing valve are two remaining projects to be constructed. Council awarded the construction contract for the Pump Station to Prospect Construction Inc, on December 11, 2018. Operations staff will construct the remaining large pressure reducing valve as part of their 2019 Work Plan. Upon completion of these remaining improvements, the northern portion of the 640 Pressure Zone will be activated. It is anticipated this will occur in the fall of 2020. Once activated, the residents within the area will realize a water pressure increase of nearly 25 pounds per square inch – almost doubling the current water pressure for residents in the high elevation areas. Puget Sound Energy is the area service provider for electricity. A Puget Sound Energy-owned power transformer needs to be installed on City-owned property to provide power to the new North Pump Station. Puget Sound Energy requires an easement from the City for the transformer installation and maintenance. It will be several years before the southern portion of the 640 Pressure Zone is activated. Water system improvements remaining for this portion include several 8.J Packet Pg. 171 miles of new water main, a pump station, 500 small individual pressure reducing valves and a franchise agreement with the City of Auburn. BUDGET IMPACT: There is no additional budgetary impact to the City for providing PSE an easement. SUPPORTS STRATEGIC PLAN GOAL: Thriving City ATTACHMENTS: 1. Proposed PSE Utility Easement (PDF) 2. Exhibit A & B (PDF) 02/04/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.J Packet Pg. 172 Utility Easement - Page 1 of 5 WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 ATTN: CITY CLERK Grantor: City of Kent, a Washington municipal corporation Grantee: Puget Sound Energy, Inc., a Washington corporation Abbreviated Legal Description: Ptn of SE ¼ Sec. 17, Twp 22 N., Rng 05 E, W.M., K.C. Additional Legal Description: On page of document Assessor's Tax Parcel ID Nos. 172205-9184 Project Name: 640 Pump Station UTILITY EASEMENT THIS INSTRUMENT is made and entered into this day of 2019, by and between CITY OF KENT, a Washington municipal corporation (“Grantor”), and PUGET SOUND ENERGY, INC., a Washington corporation (“Grantee”). Grantor, for and in consideration of Ten Dollars ($10.00) and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, conveys and quit claims to Grantee a nonexclusive easement subject to the parameters described below, for purposes described below, over, under, through, across, and upon a portion of the property situated in King County, Washington that is described in Exhibit “A”, attached and incorporated herein (the “Property”). Except as may otherwise be set forth herein, Grantee’s rights shall be exercised upon that portion of the Property that is described in Exhibit “B”, attached and incorporated herein (the “Easement Area”), 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use one or more utility systems for purposes of transmission, distribution, and sale of electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any and all of the foregoing. 8.J.a Packet Pg. 173 At t a c h m e n t : P r o p o s e d P S E U t i l i t y E a s e m e n t ( 1 5 8 7 : P u g e t S o u n d E n e r g y U t i l i t y E a s e m e n t f o r 6 4 0 P r e s s u r e Z o n e N o r t h P u m p S t a t i o n N o . 1 - Utility Easement - Page 2 of 5 Following initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Upon receipt of prior written permission from Grantor, which shall not be unreasonably conditioned or delayed, Grantee shall have the right to cut, trim, remove, and dispose of any and all brush, trees or other vegetation in the Easement Area that may endanger its facilities. 3. Trees Outside Easement Area. Upon receipt of prior written permission from Grantor, which shall not be unreasonably conditioned or delayed, Grantee shall have the right to cut, trim, remove, and dispose of trees located on the Property up to ten feet outside of the Easement Area that may interfere with or create a hazard to Grantee’s systems. Grantor shall be entitled to compensation for the actual market value of merchantable timber (if any) cut and removed from the Property by Grantee. 4. Grantor’s Use of the Easement. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. Grantor shall not change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area, and Grantor shall do no blasting within 300 feet of Grantee’s facilities without Grantee’s prior written consent. 5. Restoration. Following initial installation, repair, or extension of its facilities, Grantee shall, to the extent reasonably practicable, restore l andscaping and surfaces and portions of the Property affected by Grantee’s work to the condition existing immediately prior to such work, unless such work was done at the request of Grantor, in which case Grantor shall be responsible for restoration. All restoration that is the responsibility of Grantee shall be performed as soon as reasonably possible after the completion of Grantee’s work and shall be coordinated with Grantor so as to cause a minimum amount of disruption to Grantor’s use of the Property. 6. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee’s exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any liability solely attributable to the negligence of Grantor. 7. Successors and Assigns. Grantee shall not have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement other than to a successor utility company engaged in the business of providing electrical services, without first obtaining the prior written consent of Grantor. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 8. Termination. The rights herein granted shall continue until such time as Grantee terminates such right by written instrument, or Grantee abandons and ceases to use the Easement Area for a period of five consecutive years. If terminated, any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by Grantee’s failure to initially install its systems within the Easement Area, within any period of time from the date hereof. 8.J.a Packet Pg. 174 At t a c h m e n t : P r o p o s e d P S E U t i l i t y E a s e m e n t ( 1 5 8 7 : P u g e t S o u n d E n e r g y U t i l i t y E a s e m e n t f o r 6 4 0 P r e s s u r e Z o n e N o r t h P u m p S t a t i o n N o . 1 - Utility Easement - Page 3 of 5 GRANTOR: CITY OF KENT By: Dana Ralph Its: Mayor GRANTEE: PUGET SOUND ENERGY By: Its: *Notary Acknowledgements on Following Pages* 8.J.a Packet Pg. 175 At t a c h m e n t : P r o p o s e d P S E U t i l i t y E a s e m e n t ( 1 5 8 7 : P u g e t S o u n d E n e r g y U t i l i t y E a s e m e n t f o r 6 4 0 P r e s s u r e Z o n e N o r t h P u m p S t a t i o n N o . 1 - Utility Easement - Page 4 of 5 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent, a Washington municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 8.J.a Packet Pg. 176 At t a c h m e n t : P r o p o s e d P S E U t i l i t y E a s e m e n t ( 1 5 8 7 : P u g e t S o u n d E n e r g y U t i l i t y E a s e m e n t f o r 6 4 0 P r e s s u r e Z o n e N o r t h P u m p S t a t i o n N o . 1 - Utility Easement - Page 5 of 5 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of Puget Sound Energy, Inc., a Washington corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: APPROVED AS TO FORM: Kent Law Department -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 8.J.a Packet Pg. 177 At t a c h m e n t : P r o p o s e d P S E U t i l i t y E a s e m e n t ( 1 5 8 7 : P u g e t S o u n d E n e r g y U t i l i t y E a s e m e n t f o r 6 4 0 P r e s s u r e Z o n e N o r t h P u m p S t a t i o n N o . 1 - EXHIBIT TAX LOT 1722059184 EASEMENT THE SOUTH 3O.OO FEET OF THE NORTH 139.00 FEET OF THE WEST 1O.OO FEET OF THAT PORTION OF THE EAST 264 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON,: CONTAINING 3OO SQUARE FEET, MORE OR LESS 4dtl UN{O It -l-gni8 8.J.b Packet Pg. 178 At t a c h m e n t : E x h i b i t A & B ( 1 5 8 7 : P u g e t S o u n d E n e r g y U t i l i t y E a s e m e n t f o r 6 4 0 P r e s s u r e Z o n e N o r t h P u m p S t a t i o n N o . 1 - A u t h o r i z e ) LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SEC 17, TOWNSHIP 22 N, RANGE 5 E, W.M. G CITY OF KENT LAND SURVEY SECTION DATE: 1O12912018 SCALE: 1"=60' DRAWN BY: TLM EXHIBIT BLUE BOY UTILITY EASEMENT oq o)oPARCEL # 1722059049 I 10' 3OO SQ. FT. PARCEL # 1722059184 SE 236TH PL PRIVATE ROAD IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILIry IS ASSUMED BY REASON OF RELIANCE HEREON, !+ uto$ LI U' !+ =z N z ul IIJl! $(0(\ U' UI UIz J Fo ttJ = I N PARCEL # 1722059281 Project# 16-3012 8.J.b Packet Pg. 179 At t a c h m e n t : E x h i b i t A & B ( 1 5 8 7 : P u g e t S o u n d E n e r g y U t i l i t y E a s e m e n t f o r 6 4 0 P r e s s u r e Z o n e N o r t h DATE: February 19, 2019 TO: Kent City Council SUBJECT: Community Services Agreement with Public Health of Seattle and King County for a Local Hazardous Waste Management Program Grant - Authorize MOTION: Authorize the Mayor to accept the Local Hazardous Waste Management Program Grant in the amount of $82,722.52, for 2019/2020, establish a budget and authorize expenditure of the grant funds accordingly, 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: The Seattle-King County Health Department’s Local Hazardous Waste Management Program Grant is a two-year grant that helps cities protect public health and the environment from toxics and hazardous products and wastes. The grant covers collection of hazardous waste at three special recycling and collection events for residents as described in the attached Grant Agreement’s Scope of Work. Hazardous items collected at the events include: refrigerators, freezers, A/C Units as well as batteries. In addition, the grant pays for some staffing and printing and mailing costs of materials advertising the events. BUDGET IMPACT: The City will receive $82,722.52 for 2019/2020. No match is required. The Local Hazardous Waste Management Program grant fully funds the collection of hazardous waste at the three events the City hosts. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Local Hazardous Waste Management Program Grant (PDF) 02/04/19 Public Works Committee RECOMMENDED TO COUNCIL 8.K Packet Pg. 180 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.K Packet Pg. 181 1 COMMUNITY SERVICES AGREEMENT – OTHER GOVERNMENT PHSKC Agreement # 3960 EHS This Agreement is between King County and the Recipient identified below. The County department overseeing the work to be performed in this Agreement is the Department of Public Health (PHSKC). RECIPIENT NAME City of Kent RECIPIENT FEDERAL TAX ID # 91-1355875 RECIPIENT ADDRESS 220 4th Ave. S, Kent, WA 98032-5895 RECIPIENT CONTACT & EMAIL ADDRESS Tony Donati; tdonati@kentwa.gov PHSKC DIVISION EHS PROJECT TITLE Local Hazardous Waste Management Program AGREEMENT START DATE Jan 01 2019 AGREEMENT END DATE Dec 31 2020 AGREEMENT MAXIMUM AMOUNT $82,722.52 FUNDING DETAILS Funding Source PHSKC Contract # Amount Effective Dates King County Local Hazardous Waste Management Fund NA $82,722.52 Jan 01 2019 TO Dec 31 2020 FUNDING SUMMARY FEDERAL: $0.00 COUNTY: $82,722.52 STATE: $0.00 OTHER: $0.00 IS THE RECIPIENT A SUBRECIPIENT FOR PURPOSES OF THIS AGREEMENT? No EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: Exhibit A-Scope of Work; Exhibit B-Budget; Exhibit C -Invoice template. In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree that the Recipient shall provide services and comply with the requirements set forth in this Agreement. The parties signing below represent that they have read and understand this Agreement, and have the authority to execute this Agreement. Furthermore, in addition to agreeing to the terms and conditions provided herein, by signing this Agreement, the Recipient certifies that it has read and understands the Agreement requirements on the PHSKC webs ite (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the Agreement terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. RECIPIENT SIGNATURE PRINTED NAME AND TITLE DATE SIGNED PHSKC SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY (This form is available in alternate formats for people with disabilities upon request.) 8.K.a Packet Pg. 182 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d 2 KING COUNTY TERMS AND CONDITIONS 1. Agreement Term and Termination A. This Agreement shall commence on the Agreement Start Date and shall terminate on the Agreement End Date as specified on page 1 of this Agreement, unless extended or terminated earlier, pursuant to the terms and conditions of the Agreement. B. This Agreement may be terminated by the County or the Recipient without cause, in whole or in part, prior to the Agreement End Date, by providing the other party thirty (30) days advance written notice of the termination. The Agreement may be suspended by the County without cause, in whole or in part, prior to the date specified in Subsection 1.A. above, by providing the Recipient thirty (30) days advance written notice of the suspension. C. The County may terminate or suspend this Agreement, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Recipient materially breaches any duty, obligation, or service required pursuant to this Agreement, or (2) the duties, obligations, o r services required herein become impossible, illegal, or not feasible. If the Agreement is terminated by the County pursuant to this Subsection 1.C. (1), the Recipient shall be liable for damages, including any additional costs of procurement of similar s ervices from another source. If the termination results from acts or omissions of the Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Recipient by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection 1.A., the County may, upon written notification to the Recipient, terminate or suspend this Agreement in whole or in part. If the Agreement is terminated or suspended as provided in this Section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination or suspension; and (2) in the case of termination the Recipient shall be released from any obligation to provide such further services pursuant to the Agreement ; and (3) in the case of suspension the Recipient shall be released from any obligation to provide services during the period of suspension and until such time as the County provides written authorization to resume services.. Funding or obligation under this Agreement beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Agreement. Should such appropriation not be approved, this Agreement will terminate at the close of the current appropriation year. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms, and conditions set forth in this Agreement are breached by the other party. 2. Compensation and Method of Payment A. The County shall reimburse the Recipient for satisfactory completion of the services and requirements specified in this Agreement, payable upon receipt and approval by the County of a signed invoice in substantially the form of the attached Invoice Exhibit, which complies with the attached Budget Exhibit. B. The Recipient shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County shall make payment to the Recipient not more than 30 days after a complete and accurate invoice is received. 8.K.a Packet Pg. 183 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d 3 C. The Recipient shall submit its final invoice and all outstanding reports within 90 days of the date this Agreement terminates. If the Recipient’s final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Recipient of the amounts set forth in said invoice or any subsequent invoice. D. When a budget is attached hereto as an exhibit, the Recipient shall apply the funds received from the County under this Agreement in accordance with said budget. The Agreement may contain separate budgets for separate program components. The Recipient shall request prior approval from the County for an amendment to this Agreement when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Agreement amount in any Agreement budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. Cumulative transfers between budget categories of 10% or less need not be incorporated by written amendment; however, the County must be informed immediately in writing of each such change. E. Should, in the sole discretion of the County, the Recipient not timely expend funds allocated under this Agreement, the County may recapture and reprogram any such under -expenditures unilaterally and without the need for further amendment of this Agreement. The County may unilaterally make changes to the funding source without the need for an amendment. The Recipient shall be notified in writing of any changes in the fun d source or the recapturing or reprograming of under expenditures. F. If travel costs are contained in the attached budget, reimbursement of Recipient travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1. The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Recipient does not request government rates, the Recipient shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2. Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. Please reference http://www.gsa.gov for the current host city per diem rates. 3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Recipient shall always request government rates. 4. Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air travel occurring as part of a federal grant must be in accordance with the Fly America Act. 3. Internal Control and Accounting System The Recipient shall establish and maintain a syst em of accounting and internal controls which complies with applicable generally accepted government accounting standards (GAGAS). 4. Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Governmen t are excluded from receiving federal funds and contracting with the County. The Recipient, by signature to this Agreement, certifies that the Recipient is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Recipient also agrees that it will not enter 8.K.a Packet Pg. 184 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d 4 into a sub-agreement with a Recipient that is debarred, suspended, or proposed for debarment. The Recipient agrees to notify King County in the event it, or a sub-awardee, is debarred, suspended, or proposed for debarment by any Federal department or agency. 5. Maintenance of Records/Evaluations and Inspections A. The Recipient shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deem ed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section 13. below, the Recipient shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Agreement; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Recipient by all businesses seeking to participate on this Agreement, and any other information necessary to document the actual use of and payments to sub-awardees and suppliers in this Agreement, including employment records. The County may visit the site of the work and the Recipient’s office to review the foregoing records. The Recipient shall provide every assistance requested by the Coun ty during such visits. In all other respects, the Recipient shall make the foregoing records available to the County for inspection and copying upon request. If this Agreement involves federal funds, the Recipient shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Agreement documents. C. Except as provided in Section 6 of this Agreement, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D. Medical records shall be maintained and preserved by the Recipient in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Recipient ceases operations under this Agreement, the Recipient shall be responsible for the disposition and maintena nce of such medical records. E. The Recipient agrees to cooperate with the County or its agent in the evaluation of the Recipient’s performance under this Agreement and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F. The Recipient agrees that all information, records, and data collected in connection with this Agreement shall be protected from unauthorized disclosure in accordance with applicable state and federal law. 6. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Recipient shall not use protected health information created or shared under this Agreem ent in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Recipient shall read and certify compliance with all HIPAA requirements at http://www.kingcounty.gov/healthservices/health/partnerships/contracts 7. Audits 8.K.a Packet Pg. 185 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d 5 A. If the Recipient is a municipal entity or other government institution or jurisdiction, it shall notify the County in writing within 30 days of when its annual report of examination/audit, conducted by the Washington State Auditor, has been completed. B. Additional audit or review requirements which may be imposed on the County will be passed on to the Recipient and the Recipient will be required to comply with any such requirements. 8. Corrective Action If the County determines that a breach of Agreement has occurred, that is, the Recipient has failed to comply with any terms or conditions of this Agreement or the Recipient has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Recipient in writing of the nature of the breach; The Recipient shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Agreement into compliance, which date shall not be more than ten (10) days f rom the date of the Recipient’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Recipient in writing of the County’s determination as to the sufficiency of the Recipient’s corrective action plan. The determination of sufficiency of the Recipient’s corrective action plan shall be at the sole discretion of the County; C. In the event that the Recipient does not respond within the appropriat e time with a corrective action plan, or the Recipient’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Agreement in whole or in part pursuant to Section 1.C.; D. In addition, the County may withhold any payment owed the Recipient or prohibit the Recipient from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 1., Subsections B, C, D, and E. 9. Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Agreement. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Agreement while attempting to resolve the dispute under this section. 10. Hold Harmless and Indemnification A. In providing services under this Agreement, the Recipient is an independent contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Recipient shall be responsible for all federal and/or state ta x, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Recipient, its employees, subcontractors and/or others by reason of this Agreement. The Recipient shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Recipient ’s failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Recipient of work, 8.K.a Packet Pg. 186 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d 6 services, materials, or supplies by Recipient employees or other suppliers in connection with or support of the performance of this Agreement. B. The Recipient further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Recipient, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Agreement pursuant to the Term and Termination section. C. The Recipient shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Recipient, its officers, employees, sub-awardees and/or agents in its performance or non-performance of its obligations under this Agreement. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys ’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Recipient. D. The County shall defend, indemnify, and hold harmless the Recipient, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its obligations under this Agreement. In the event the Recipient incurs any judgment, award, and/or cost arising therefrom including attorneys ’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. G. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. 11. Insurance Requirements By the date of execution of this Agreement, the Recipient shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Recipient, its agents, representatives, employees, and/or sub-awardees. The costs of such insurance shall be paid by the Recipient or sub-awardee. The Recipient may furnish separate certificates of insurance and policy endorsements for each sub-awardee as evidence of compliance with the insurance requirements of this Agreement. The Recipient is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Recipient, its agents, empl oyees, officers, sub- awardee, providers, and/or provider sub-awardees to comply with the insurance requirements stated herein shall constitute a material breach of this Agreement. Specific coverages and requirements are at http://www.kingcounty.gov/healths ervices/health/partnerships/contracts; Recipients shall read and provide required insurance documentation prior to the signing of this Agreement. 12. Assignment/Sub-agreements A. The Recipient shall not assign or sub-award any portion of this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Said consent must be sought in writing by the Recipient not less than fifteen (15) days prior to the date of any proposed assignment. 8.K.a Packet Pg. 187 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d 7 B. “Sub-agreement” shall mean any agreement between the Recipient and a sub-awardee or between sub-awardees that is based on this Agreement, provided that the term “sub- awardee” does not include the purchase of (1) support services not related to the subject matter of this Agreement, or (2) supplies. C. The Recipient shall include Sections 2.D., 2.E., 3, 4, 5, 6, 10.A., 10.B., 10.G., 12, 13, 14, 15, 16, 17, 23, 24, 26, and the Funder’s Special Terms and Conditions, if attached, in every sub- agreement that relates to the subject matter of this Agreement. D. The Recipient agrees to include the following language verbatim in every sub -agreement for services which relate to the subject matter of this Agreement: “Sub-awardee shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of sub-awardee, its officers, employees, and/or agents in connection with or in support of this Agreement. Sub - awardee expressly agrees and understands that King County is a third party beneficiary to this Agreement and shall have the right to bring an action against sub-awardee to enforce the provisions of this paragraph.” 13. Nondiscrimination and Equal Employment Opportunity The Recipient shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Agreement, the Recipient agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Recipient will make equal employment opportun ity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; Recipients shall read and certify compliance. 14. Conflict of Interest A. The Recipient agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this Agreement, and may result in termination of this Agreement pursuant to Section II and subject the Recipient to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Recipient agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in a ny form to any county official or employee. The Recipient acknowledges that if it is found to have violated the prohibition found in this paragraph, its current Agreements with the county will be cancelled and it shall not be able to bid on any county Agreement for a period of two years. C. The Recipient acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in an agreement or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Recipient shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Agreement. Failure to identify current or former County employees involved in this transaction may result in the County’s denying or terminating this Agreement. After Agreement award, the Recipient is responsible for notifying the County’s 8.K.a Packet Pg. 188 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d 8 Project Manager of current or former County employees who may become involved in the Agreement any time during the term of the Agreement. 15. Equipment Purchase, Maintenance, and Ownership A. The Recipient agrees that any equipment purchased, in whole or in part, with Agr eement funds at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as an Agreement budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Recipient shall be responsi ble for all such property, including the proper care and maintenance of the equipment. B. The Recipient shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Agreement unless otherwise agreed upon by the parties. 16. Proprietary Rights The parties to this Agreement hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material o r article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Recipient which are modified for use in the performance of this Agreement. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Recipient that are not modified for use in the performance of this Agreement. 17. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 18. King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Recipient shall use recycled paper, and both sides of sheets of paper whenever practicable, when submitting proposals, reports, and invoices , if paper copies are required. 19. Future Support The County makes no commitment to support the services awarded for herein and assumes no obligation for future support of the activity awarded herein except as expressly set forth in this Agreement. 20. Entire Agreement/Waiver of Default The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 8.K.a Packet Pg. 189 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d 9 21. Amendments Either party may request changes to this Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. Changes to the County’s Agreement numbering system or fund source may be made unilaterally by the County and without the need for amendment of this Agreement. The Recipient shall be notified in writing of any changes in the Agreement number or fund source assigned by the County; provided, however, that the total compensation allocated by the County through this Agreement does not change. 22. Notices Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Recipient and the project representative of the County department specified on page one of this Agreement. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. 23. Services Provided in Accordance with Law and Rule and Regulation The Recipient and any sub-awardee agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Agreement, all of wh ich are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Agreement, the language in the Agreement shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. 24. Applicable Law This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. 25. Electronic Processing and Signatures The parties agree that this Agreement may be processed and signed electronically, which if done so, will be subject to additional terms and conditions found at https://www.docusign.com/company/terms -of-use. The parties acknowledge that they have consulted with their respective attorneys and have had the opportunity to review this Agreement. Therefore, the par ties expressly agree that this Agreement shall be given full force and effect according to each and all of its express terms and provisions and the rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. The parties executing this Agreement electronically have authority to sign and bind its represented party to this Agreement. 26. No Third Party Beneficiaries Except for the parties to whom this Agreement is assigned in compliance with the terms of this Agreement, there are no third party beneficiaries to this Agreement, and this Agreement shall not impart any rights enforceable by any person or entity that is not a party hereto. END OF COUNTY TERMS AND CONDITIONS 8.K.a Packet Pg. 190 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d City of Kent 1 EXHIBIT A SCOPE OF WORK CITY OF KENT 1/1/2019-12/31/2020 Background The Local Hazardous Waste Management Plan (hereafter referred to as the “Plan”) as updated in 1997 and 2010, was adopted by the partner agencies (the King County Solid Waste Division, the Seattle Public Utilities, the King County Water and Land Resources Division and Public Health – Seattle and King County) and the cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the “Program”). The purpose of this Exhibit is to define the relationship associated with the Program’s funding of City activities performed under the auspices of the Plan and as approved by the Program’s Management Coordination Committee (hereinafter referred to as the “MCC”). This Contract further defines the responsibilities of the City and Public Health – Seattle and King County with respect to the transfer of Program monies. Scope of Work The City of Kent will organize six citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: batteries, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The City 1. The City shall develop and submit project proposals and budget requests to the Program’s Contract Administrator. Funds provided to the City by the Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. The City shall submit timely reimbursement requests as negotiated with the Contract Administrator. For reimbursement, the City shall submit the following to the Contract Administrator: a) An invoice (see Exhibit C). Invoices should be sent to the Contract Administrator for approval and payment. b) A brief description of activity accomplished and funds expended in accorda nce with the scope of work. 8.K.a Packet Pg. 191 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d City of Kent 2 c) Copies of invoices for expenditures or a financial statement prepared by the City’s finance department. The financial statement should include vendor names, a description of services provided, date paid and a check or warrant number. d) A legible copy of the Hazardous Waste Manifest. 3. The City shall submit to the Contract Administrator no later than December 5 th of each year a final invoice or estimate for activities completed in that calendar year. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA’s Non- Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City’s events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced – in part or in whole – with Program funds. Where feasible, the City will use the Program’s logo. The intent of this provision is to further strengthen this regional partnership in the public’s mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Tony Donati at the City of Kent, 220 Fourth Ave. S, Kent at (253) 856-5589, (tdonati@kentwa.gov) or his designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LHWMP Program Director for resolution. Seattle -King County Department of Public Health 1. The Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10) working days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City’s 8.K.a Packet Pg. 192 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d City of Kent 3 invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. Program Contacts Lynda Ransley Joy Carpine-Cazzanti LHWMP Program Director LHWMP Contract Administrator 150 Nickerson Street, Suite 204 401 Fifth Ave., Suite 1100 Seattle WA 98109 Seattle WA 98104 206-263-8241 206-263-0365 lynda.ransley@kingcounty.gov jcarpine@kingcounty.gov 8.K.a Packet Pg. 193 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d City of Kent EXHIBIT B 2019 -2020 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Kent 220 Fourth Ave. S Kent, WA 98032 Component Description 2019 -2020 Budget Total Household Hazardous Waste Education Household Hazardous Waste Collection $82,722.52 $82,722.52 TOTAL $82,722.52 $82,722.52 Footnote: The 2019-2020 budget can be partly or totally spend in either 2019 and/or 2020 but cannot exceed the budget total in these two years. 8.K.a Packet Pg. 194 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d ALL FIELDS MUST BE COMPLETED FOR PROMPT PAYMENT PROCESSING Purchase Order # Supplier Name City of Kent Contract Number: 3960 EHS Supplier #1585 Exhibit: C Supplier Pay Site FOURTH AVE S Remit to Address 220 4th Ave S Kent WA 98032-5895 Invoice Date Invoice # Amount to be Paid PH Program name/phone jcarpine@kingcounty.gov Start End Date Date MM/DD/YY Project 1114016 Materials and quantities collected: Gallons of motor oil Number of motor oil filters Gallons of mixed fuel Gallons of antifreeze Pounds of lead acid batteries Pounds of dry batteries Number of CFC aplliances Other (please specify) Subrecipient Signed Date PH Authorization / Approval Date Print Name $82,722.52 Attach sheet for multiple POETAs Expenditure Item $82,722.52 INVOICE City of Kent 220 4th Ave S Kent WA 98032-5895 Invoice Processing Contact: Tony Donati (253) 856-5589 tdonati@kentwa.gov Joy Carpine-Cazzanti Local Hazardous Waste Management Program Task Current 401 5th Ave., Suite 1100 Seattle, WA 98104 Invoice for services rendered under this contract for the period of: Organization 860000 Kristin Painter (206) 477-5470 Submit signed hardcopy invoice to: Expend Acct CPA 00153105 Amount King County Accounts Payable Information Public Health - Seattle & King County Contract Period of Performance: 1/1/19-12/31/20 I, the undersigned, do hereby certify under the laws of the State of Washington penalty of perjury, that this is a true and correct claim for reimbursement services rendered. I understand that any false claims, statements, documents, or concealment of material fact may be prosecuted under applicable Federal and State laws. This certification includes any attachments which serve as supporting documentation to this reimbursement request. Total 2019-20 Budget Previously Billed Cumulative Balance $82,722.52$82,722.52HHW Collection HHW Education 8.K.a Packet Pg. 195 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d Invoice Detail Page 2 Salaries & Wages- List by Employee Hours Rate of Pay/ Hr Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) Subtotal -$ -$ -$ -$ -$ Fringe Benefits Base Rate Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) Subtotal -$ -$ -$ -$ -$ Consultant Costs- Itemize by consultant below Unit of measure Rate Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Subtotal -$ -$ -$ -$ -$ Supplies- Please detail below Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) Subtotal -$ -$ -$ -$ -$ Travel Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) In State Travel Total # of Miles Rate Out of State Travel # of People Rate Per Diem and Lodging # of People # of Units Unit Cost Subtotal -$ -$ -$ -$ -$ Other Costs- Please detail below Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Subtotal -$ -$ -$ -$ -$ Overhead Costs- Please detail below Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Subtotal -$ -$ -$ -$ -$ Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) Direct Costs Total -$ -$ -$ -$ -$ -$ -$ -$ -$ Grand Total -$ -$ -$ -$ -$ Notes regarding this Invoice INVOICE DETAIL 8.K.a Packet Pg. 196 At t a c h m e n t : L o c a l H a z a r d o u s W a s t e M a n a g e m e n t P r o g r a m G r a n t ( 1 5 8 8 : C o m m u n i t y S e r v i c e s A g r e e m e n t w i t h P u b l i c H e a l t h o f S e a t t l e a n d DATE: February 19, 2019 TO: Kent City Council SUBJECT: Contract with Puget Sound Energy for Electrical Services for the Upper Mill Creek Dam - Authorize MOTION: Authorize the Mayor to sign a Commercial Electric Facilities Contract with Puget Sound Energy for electrical service for the Upper Mill Creek dam for $59,983.85, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Upper Mill Creek Dam project construction will begin in 2019. This critical flood protection project will reduce flood risk to downstream areas, including areas in the Kent Valley along Mill Creek. The project will raise the height of the dam by 5.5-feet and will provide an additional 50-acre feet of flood storage. To construct the project, it is necessary for Puget Sound Energy to install a new electrical service connection to serve City facilities located at the Upper Mill Creek dam. The project includes a larger stormwater outfall culvert which crosses 104th Avenue South and will be in conflict with Puget Sound Energy’s existing electrical service lines which run underground along 104th Avenue South. To ensure City facilities continue to have electrical service during construction, the City has requested Puget Sound Energy to provide a new service connection. This new electrical service connection will run underground along 104th Avenue South and will not be impacted by construction of the project. Puget Sound Energy has estimated the cost of this electrical work to be $59,983.85. This work will include trenching, conduit, cable pulling, reconnection of electrical power service, trench backfill and pavement restoration. BUDGET IMPACT: This cost is included in the project budget. SUPPORTS STRATEGIC PLAN GOAL: Thriving City RECOMMENDED BY: Adam Long ATTACHMENTS: 1. Puget Sound Energy Electrical Service for Upper Mill Creek Dam (PDF) 8.L Packet Pg. 197 02/04/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 2/19/2019 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.L Packet Pg. 198 t./e PUGET SOUND ENERGY COMMERCIAL ELECTRIC FACTLITÍES CONTRACT ce work Dato 12112t2018 Contract ls sub]ect to revision afler g0 days *lf the above Permitting Fees are associated with servicharges below afler the service is energized. only, those costs will be billed with the applicable service cusToMER (OW!ÊR) NAMË City of Kent CO-oIA/IIER NAME (IF APPLICABLE) 26835'l04th Ave SE SERVICE ADDRESS Kent ctry STATE WA ztP 98030BILLING AODRESS 220 4th Ave S cllY Kent STATE WA AP 98032PHONE 253-856-5552 Mayor@KentWA.gov EMAIL PSE WORKORDER NO. 101 1 1 5456 Brief Description of Work: -lnstall new conduit and underground wire from a different pole to feed existing transformer. Remove existing underground that is currenily feeding transformer ($20,964.64) -Potelco Final Bid package (trenching) $39,019,2.f Construction Costs: Transformation Charges: Less Applicable Margin Allowance Sub-Total (Potential Refundable Costsll Permitting Fees*: Relocation/Removal of Existing Facilities; Other Non-Refundable Construction Charges: Sub-Total lNon-Refundable Costs): Summary of Charges: $Å_q9,9s3.!g Customer lnitials $ $ $ .c $s 39 ,019.21 $$ 59.983.8 5 $j_1-,2e7. se_ $$ '1e,666.75 Brief Description of Other Gosts: Non-refundabie charges due to reroute underground primary/service prior to construction. $1,297,89 - Permitting $1,251.50 - Removal $1 8,41 5.25 - Relocation/lnstallation $20,964.64 - TOTAL NON-REFUNDABLE COST $39,019.21 Potelco final bid trenching price Any applicable Seconda ry Servlce Type cha rges listed below will be billed after your service line installatlon, based on the actual workperformed. Base Costs, i n the table below,include Schedule 87 tax and are curront costs effective 1 1/1/20i8. These charges also do notinclude permitting fees,trenching ahd other excavation related work that is your responsibility. The Secondary Service Type charges from thelist below that apply to your project will be lnvolced on a second bilt. Gustomer lnitials By signing this contract you are authorizing pSE to continue with all the needed elements to comp lete your project.Uponreceipt of a signed contract,PSE will bill you for the amount indi cated on the "Total Amount to Be Bllled Under ThisContract line. The billwill sent to the billing address listed on this contract.PSE requires paym ent of these line extension Station. Delaying charges prior to scheduli payment construction. may result ln Payments can be made via delay for your pse,com (fees may project. Customer requested changes in the apply), by mail, or at a pSE pa ng a construction result in addltional charges, andior v of the project may Base Coslwire run to orandhole ntra sformer .00of wireEach $127.00 - Each a due to1 I for addra en Service ChaTe e _$182.00TSe $260.00 Signature Name delays to your project Title:Date: scope 8.L.a Packet Pg. 199 At t a c h m e n t : P u g e t S o u n d E n e r g y E l e c t r i c a l S e r v i c e f o r U p p e r M i l l C r e e k D a m ( 1 5 8 9 : C o n t r a c t w i t h P u g e t S o u n d E n e r g y f o r E l e c t r i c a l S e r v i c e s TERMS AND CONDITIONS PROJECT INFORMATION 1. Ïhe PSE drawing shows the proposed scope of your project including the location of permanenl, above ground electrical facilities required to provide electrical service to your project, Fault current information for transformers associated with your project is noted on the work sketch drawing. Please review this drawing as soon as possible to ensure there are no unforeseen conflicts between PSE's design and your project, lf you determine there are conflicts or if you identify a discrepancy while reviewing the drawing for your project, please contact me at the number below, This is attached as Exhibit A. 2. Additional construction-related information and information on metering and service entrance requirements areprovided in PSE's Electric Service handbook for commercial projects. lf you would like a copy of the handbook please contact me at the number below. lt is lour responsibility to provide your project manager, site superintendent, and/or subcontractors with any relevant information from this correspondence that apply to their work in support of your project. 3' The Excavation Requirements & Final Grade Certification must be signed by the project owner or designee and returned to me along with a signed copy of this contract. This is attached as Exhibit B. 4. Transformers have been sized for diversified commercial loads only, and shall not be used for high load factor (continuous) temporary power uses, such as electric heaters for dry-out, Fault currents for non- residential transformers in your project are noted on the attached PSE design drawing, Please notiff the PSE representative listed on this contract immediately if you believe there are conflicts between this design and your project. lt is your responsibility to provide your project manager, site superintendent, and subcontractors with any information fiurrr [lris correspundence and lt's ättâchrnents that apply to their work. 5. The requirements for trenching by customers on publlc rlght-of-ways and/or on puget Sound Energy easements must be signed by the project owner or designee and returned along with a signed copy of this contract. This is attached as Exhibit C. POTENTIAL REFUNDS Margin Allowance: ' lf PSE has not provided a Margin Allowance or if your Margin Allowance exceeds $7s,000, psE agrees to calculate and refund the Margin Allowance, subject to Schedule 85, up to two (2) years after the line extension is energized. Customers are responsible for making the refund request, DIM Refund: Other refunds associated with the line extension charge may be available if additional permanent service hook-ups are made to your line extension. These service hook-ups must be made within five (S) years of the date on which your project is initially energized Customers are responsible for making all refund requests. A refund may be requested one (1) time within six (6) years of the date on which your line extension is initially energized. lt is the customer's responsibility to make the refund request. Your refund request should be directed to pSE,s Customer Accounting Coordinators at Schedule gSrefundrequests@pse.com. RATE SCHEDULE 85 All terms and conditions, costs, and refunds are in accordance with PSE's Rate Schedule g5, and any discrepancies between this contract and the Rate Schedule wilf be resolved in favor of.the Rate schedule. Rate Schedule 85 conlains more detailed information covering costs, refunds, rights, and obligations than is reflected inthis contract, The entirety of Rate Schedule 85 can be viewed at pSE's website www.pse.com. This cost information is valid for g0 days from the date of this contract. should we receive your contract after thisperiod, the costs will be subJect to changes, The amount noted on this contract is an estimated cost; however PSE's Schedule 85 line extension tariff requirescustomers io pay the actual cost of construction. PSE will determine the actual cost of the job once construction iscomplete' lf the actual cost of the job is more than 10% above or below the estimated cost, an additional billing orrefund will result to account for the difference. 8.L.a Packet Pg. 200 At t a c h m e n t : P u g e t S o u n d E n e r g y E l e c t r i c a l S e r v i c e f o r U p p e r M i l l C r e e k D a m ( 1 5 8 9 : C o n t r a c t w i t h P u g e t S o u n d E n e r g y f o r E l e c t r i c a l S e r v i c e s å a !! ? åI ! a ¡ i I 3 a! d E f 9' ã O.aE--Ê-btr-* q HT'E|gJtÐ ãrffiy XÊM lqTH AW CULWRT EGETSHUT g@4qU'aUü 4\vEi @ tyE \NE$R qUtuSUEROUIHEt'e PRMAEÈY GEI{ER.AL SPECIFþAIIOIIS sddk R€ruE6ffiYrcreFruR 9!!!q . Adbþhd¡Fkd Êre turæ. Cqbdd pSSffiñ¡&Wry - k*db¡.ß*dd&dt@¡tt@qlFd dFd¡Edhl¡ødy. póaRrñIlfurhd - tudÛd¡|ü.fx¡lrdM¡Èbs¡trpd. F't@ón - ¡¡.4ry mq, cqdæt@{ b Z tu. 66¡d b@ æ. htudrh9 dhR¡gddq ilda r ÉC'-11-1-ñ liTq 1*b w br 3rr.û oFe {¡æ€}.tud4lb'hk .þt.:fud¡q{tE*btu. WM¡lM - F* &þi tuE- d ¡ ryd òt E Êqd uryd ÊE¡r. "kc*àç, quÞdD.rMdh@dffihd6Fffi..qd&. - & ñ Fffit ry de þ Èq¡d r¡qr d ffi did. - tu ffi ñ qrd. ¡ ry d ù !ù 6 d * dd h. c!e! "R*58 fræ75.md Ø5.@bryù M dffi. - hb Ë & @75.W bFd gùk !d¡ú! n+rft. . mrbPS .@@ð.9lSby.&geúTd &¡I -ÈwhtuN bb f h bq¡dú[, dtunh d, dø det, ø¡ffi kd lrb SFOgr*. -F'ù.iE tu,d*dhtu6Fdql&. -&É{rldtuffiffiMe rydh tu úÞffiqúh. -ffir*b¡rWtFùÐæ tuthffi -bbæ¡@Ot$.tubtuq¡¡ffi, -CúprrSi.tu dFnûE @. "lÚ@l¡fu&übtudq&Ébffiùd.¡fudBb@Þffisdyffi, &F& -hüSMørybkMó MRtrMNrcU P&¿tu -¡*eÞh¡E&d,w¡tu lJ&@l*.dp&¡'*¡Mtrtuhddhú. -&ffi Ðddhh8 tu d h .b. d&. Þ dd.ktuts¡.bFa. -dMËE-ùyútü¡*. Mffitu&dyFMædr¡1@aflmffi6ffi. -l'd9dtu e ¡túd.ü¡{ Þù¡tud Ë.-q9tu.eE*r¡tud¡ry. -TdJMUtsh ü ry^rrt-*e FW.,-húÉ&ffi@bhffiddúmb ætu FldtuÉÉd'e¡¡.¡ùb.diãn cgú/qæ¡Etu-l:!-{ gnbl d úlq|@ Bky. æÉry d .e @mWb¡hp*.d. &tur&dË¡6. .=_:!Fb@{ ffidúlld Firy+, ddffi. !{cJ¡krytufth¡+atry*.rrynúilûrtuE - h s7Æ daÉtub¡h@be¡ry de :_T^:1111,rîr.!d h h @tu¡¡rp6 _Ð tu &ryffi*hú-^FCyg|il&da&vq @.dffiffi.-æryEp.dffib.¡rÞsq.¡Étu tumh¿*E..À.l¡d@brÉSdffi@@d p@bffiM-h LdtutEtu (úcdüJ6d ry ffidryrg*@'lt&eúr-üdWrtuø¡¡lemiãl rewqsruw €e- T'.dE-@ d h ¡lþeaq, { b d tuùÊ b F& ¡ffid5dffikP¡ry æU¡¡-¿* U øq - lôd gî?1f d d ¡ffi fr hR¡ir.fuy d ü d tu orúD@.'lmdf dffik{@qsr4&bíh - {tuûbfltu¡tudTdbd3.dtud - Mú*!ùMCilùiÚhH ryd¡qdbthFarrb-¡ø{¡mübdd; -,t -dm,&É@-¡Ú&i.!td,|,ftüftM(.¡o,l.¡¡eMtu db ¡6 d*lr*&d btu&dhd db*tfu*ipæs@ep.òrc. v*¡ffi.Wbæ !¡&6Zs.@ wddll@ ¡Úb.--'.:: :l! T1d!dd Tetuæ h@ æ dbFrllÉñlqhh¡furt.a-fu d Hds-@ ddb M úd v&.-Æffid¡¡gub'@. l&¿M 'ffiþÆ.&e.@ re(M!M' re ! 3ó u909 I 50Ê u\ xl01 J2 k $ x6996 Æì\\t/ c; SE 25rxala7 WMÌdM4 -eB lê e !o E @o *i¡@Æcffiu 1@]l^NM ffiææMÐt P^Wllææ ÞIÀlWll^*æ 8.L.a Packet Pg. 201 At t a c h m e n t : P u g e t S o u n d E n e r g y E l e c t r i c a l S e r v i c e f o r U p p e r M i l l C r e e k D a m ( 1 5 8 9 : C o n t r a c t w i t h P u g e t e ¡ i t 'e å t ì ;! ê : 3 II a R 3 <9m KE¡T 1 ßTH AVE CULVÊRT RGl@BMY @ ---------@ Vault & Equ¡pmeni Tabl€ t t t a ) I CAELE REMOVAL SCHEDULE l' I iir 1l hqffi€ru-. -.i''i¡\'",..:1 --;.{ .¡. i/ ii 26626 -@ / -- JìJ$J .ió¡rc-t i:.:- ':i' -- - -! *---.--<.- -. EXISTING l-¿1" PRIMARY IO AAANDON l:VO1 VAULT ENTRY DETAILþrþre r&@cruM PRIMARY CABLE & CONDUIT TABLE I I i SITE NÐTES ^l El tlrwlæt ExsTrc¡ÆraLerÉùlsff:F&.@ßlesMdEil,&^r r3rt^ElÎffiFtOUnqørun${Lo¡rMÈ*sF,* OUTAGE LIST:TOTAL UNITS: SITE PLAN ^t Ðl-wcffircÊiærcmæro¡NRrr{M^ú*m ^t ru tSrstù1glilFn¡6RE&¡'Ei.Mìm ^l mlwmur-cM!æ PROPOSED 1.4'CONOUIT ENTRY @ ? /1* _/.r..* -l .-w*t/ ænrffi5 I I @ ----€lL @@ -rdì _.'# ¡l rl ;, ¡I I I 8.L.a Packet Pg. 202 At t a c h m e n t : P u g e t S o u n d E n e r g y E l e c t r i c a l S e r v i c e f o r U p p e r M i l l C r e e k D a m ( 1 5 8 9 : C o n t r a c t w i t h P u g e t t PUGET SOUND ENERCY service Address: 26{lS 141 Signature: 2806 08/.1ı PSE ELECTRIGAL FACILITIESEXGAVATION REQUIREMENTS nND rlt{hl cnÀbe cERTtFtcATtoN PURPOSE This.document is an agreement between Puoet souncl Fnernv /Þ.Qtr\ anrt rha fi¡.,-^-,ñ^..^,^---,ñ,..,prðvioiÀg_exãä;;îi";'r.;"iñ; ii,iiàriåî¡äi."""ï ÉðÈP,' r:3iiiì;::tr|gtj:fñ1.1i"Ë"" "?îË:Jí",.ï:f %"":jR:iî,?å¡?ryåil;rights' lf PSE determines that a recordable eaıãment on t¡¡e oevelopäi's property_ or otiier property is necessary, it shall bethe Developer's responsibilitv to obtaiñ Ëü"n-Jãràräit.'ir';ıilää;iabte to psg prior tó construcrion. EXCAVATION REQUIREMENTS The requirements and conditions outlined b"]:.Y 3?l]y when you provide the excavation for psE,s etectrical facilities as acondition of receiving electrical servicé roi your piô¡éct. tt yóu näed àãaiiiınãi-¡niãirätiãÅ, prease cau the psE conractperson listed below. - 1' Developer is responsible for acquirins-gllitl.lo-g1?s by calling one-cail, 1-800-424-5555 at teast 48 hours (two fuilworking week da' codeands"r"ryðï¿rldtå?årto disging' The éxcavation must mËet the re{u¡remãniãfrin" wâ"ñi-"'gtãr Àiñ.ìltrative 2' Developer shall call the PSE contact person noted below for trench and route approval prior to starting excavation.3 The electrical orimary trench shall be excavated to provide a minimum. of 36 inches of facility coverage, to a maximumtrench depth cjt +a iríches. ft,ä äiuãir¡ð'àe-ryige trenırr-énåirîå'äx"avat"a 6 pi;¡ı; ,ini*r, of 2z ihches or racir*ycoverage' to a maximum trench depth of 36 incheì, Ä iäìäJh úizontal separation is required between psE electricalfacilities and other utitities witnin ãJðinitrencn, 4 ' All back fill must be free of sharp objects and construction debris. Developer shalf .provide and install sand bedding and::f3#Jii,i!",."Jå'åi[Xi[|fi$ru:14;]i*ıiäd Ë; psË'li,jnìä"t persän. ó"uärãpäitı responsibre ror any àãmases 5' 3'ïiiiffi:ñ3ir"ff 3"îå!J?',1rîå'iåli1 or 2 reet or horizontar clearance between psE conduir, pipe or conducrors and 6' The vault excavation.shall be dug to the dimensions noted on the attached work sketch. Vault holes shall have a solidtevetbottom with a 6 incn uéep Ëid¡.;i';rñiìeä-,'';¿[d;îãil;:' '"' 7' Developer shall provide the excavation for PS.E electricalfacilities wjthin the designed location. Developer shall identifyand provide final grade, property lines, and utirtvããıäilíË;i;Ëä;t" instaltation of psE,s etectricat facititles8' Developer will be financlally liable for the reloc.ation of PSE's facillties which are inadequately covered, located outsidethe area where PSE nas aäequaieóoäiãti1.o.,1glîl rpl;[ir;öäJ;d,i;hiijit¡.ı "ä#líaccess and/or any darnasesresulting from dig-ins oue to ctiàÀgãJãi'vai¡at¡ons in gråde'thaiaîe ma¿e after tñe instaltation of psE's facititi'es. FINAL GRADE CERTIFICATION By my signing below' I certify that the electrical facilities work area shall be at final grade prior to excavation, I assume fullresponsibility for my excavatíon work and the resulting location oriñ"r" facirities. I "rJ" "ìråå'iå indemnify, defend, and hordharmless Puget sound Energy from all liability arisin! out of, or in cãnnecti-on wlth my work, including but not limited to allclaims' losses' damages, .anó expenses, incíuoing i".ron"'¡tã åttãir"y', fees, whicir ,'"ruit rro, my failure to excavatewithin easement areas or ríghts-of-w"v, oirior oigıing ;ùn"ri;où;;i" rights on adjoining properries. 0 30 Work Order Number: Name:Title:Date: 8.L.a Packet Pg. 203 At t a c h m e n t : P u g e t S o u n d E n e r g y E l e c t r i c a l S e r v i c e f o r U p p e r M i l l C r e e k D a m ( 1 5 8 9 : C o n t r a c t w i t h P u g e t S o u n d E n e r g y f o r E l e c t r i c a l S e r v i c e s PUCET SOUND ENERGY REQUIREMENTS FOR TRENCHING BY CUSTOMERS ON PUBLIC RIGHT.OF.WAYS AND/OR ON PUGET SOUND ENERGY, INC. EASEMENTS The following outlines most local governmental guldelines and company standards for trenching on a public right-of-way or Puget Sound Energy, lnc. (PSE) easement. Any trenching performed by the customer, or their contractor, under a pSE permit or easement must comply with these requirements, 1. All trench construction must be performed by a Washington State licensed and bonded contractor,2. Trench excavation, backfill, restoration, and facility placement must be coordinated with a PSE designated representative, and receive on-slte approval by that representative, and locai jurisdiction. 3. Right'of-way easement trenching and backfill must be performed during normal business hours, Monday through Friday. Same day excavation and backfill is required for all trenching. Job start notification to the local jurisdiction is the responsibility of Potelco, lnc. Customer shall notify Potefco Project Manager three working days prior to trenching. Penalties for failure to comply with this requirement will be borne by the customer. 4 ' lf the job scope requires excavation beyond a single day, fencing and barricading must be installed around utility facilities exposed above the trench, if allowed, must be in accordance with local regulatory requirements.5' PSE, all participating utilities, and one-Call Locate, must be notified a minimum of 72 hours in advance of the date and time for right-of-way trenching and facility placement. The One-Call Locate number is 1-800-424-5555. State law requires locating service notification, 6' Excavated material must remain clear of the roadway whenever possible. Excavation material, spoils, and debris shall be removed off-site each day, in accordance with local regufatory requirements. All erosion control requirements in accordance with local regulatory requirements are the responsibility of the customer. 7 ' Material excavated from the shoulder of the right-of-way shall be properly disposed, and replaced with select backfill material in accordance with local regulatory requirements. 8. Proper compaction is required to comply with local regulatory specifications. lf the permit requires compaction testing, the cost of said testing is the responsibility of the customer.9. All permit requirements, traffic control plans, traffic control and flagging shall meet local regulatory specifications and satisfaclion, 10. ln the event of failure to abide by the above requirements, PSE reserves the right, at its sole discretion, to assume trenching. ln the event of delays due to equipment failure, PSE may assume trenching to meet regulatory andjoint construction requirements. The customer is responsible for all trenching costs, and will reimburse the company for costs should PSE perform the trenching. Customer lnítials 11. The customer agrees to indemnify, defend and hold harmless PSE from all liability (including reasonable attorneys' fees) arising out of, or in connection with, the above mentioned trenching activities, Customer lnitials IAGREE TO ADHERE TO THE ABOVE CONDITIONS Service Address: 26835 104th Ave SE Work Order Number: 101 1 1 5456 Signature:Name Kent 98030 ïitle:Date 8.L.a Packet Pg. 204 At t a c h m e n t : P u g e t S o u n d E n e r g y E l e c t r i c a l S e r v i c e f o r U p p e r M i l l C r e e k D a m ( 1 5 8 9 : C o n t r a c t w i t h P u g e t S o u n d E n e r g y f o r E l e c t r i c a l S e r v i c e s DATE: February 19, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with GeoEngineers for Geotechnical Consulting Services for the South 224th Street Improvements Project - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers to provide geotechnical consulting services for the South 224th Street Improvements (88th Avenue South to 94th Place) Project in an amount not to exceed $161,899.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This contract is for the LID 363: South 224th Street Improvements Project (88th Avenue South to 94th Place). This project includes the realignment of South 88th Avenue, widening of South 218th Street and a new box culvert over Garrison Creek. GeoEngineers will provide geotechnical consulting services that includes engineering consultation, geotechnical field inspection, construction observation, materials testing and documentation related to the project’s structural earth walls, foundation piles, dewatering and ground improvements. BUDGET IMPACT: This is a budgeted item, with funding provided by Local Improvement District 363 the Washington State Transportation Improvement Board and other City funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure ATTACHMENTS: 1. 224th Street Improvements GeoEngineers (PDF) 8.M Packet Pg. 205 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) 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, 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 geotechnical aspects of the S. 224th Street Improvements Phase II 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, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Sixty One Thousand, Eight Hundred Ninety Nine Dollars ($161,899.00), 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 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: 8.M.a Packet Pg. 206 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h G e o E n g i n e e r s f o r G e o t e c h n i c a l C o n s u l t i n g CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) 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. 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 duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 8.M.a Packet Pg. 207 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h G e o E n g i n e e r s f o r G e o t e c h n i c a l C o n s u l t i n g CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. 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. 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 8.M.a Packet Pg. 208 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h G e o E n g i n e e r s f o r G e o t e c h n i c a l C o n s u l t i n g CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. 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. / / / / / / / / / / / / 8.M.a Packet Pg. 209 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h G e o E n g i n e e r s f o r G e o t e c h n i c a l C o n s u l t i n g CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Lyle Stone GeoEngineers, Inc. 1101 S. Fawcett Ave., Suite 200 Tacoma, WA 98402 (253) 383-4940 (telephone) (253) 383-4923 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk GeoEngineers - 224th Ph 2 Construction/Bryant 8.M.a Packet Pg. 210 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h G e o E n g i n e e r s f o r G e o t e c h n i c a l C o n s u l t i n g EEO COMPLIANCE DOCUMENTS - 1 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: _________________________________________ 8.M.a Packet Pg. 211 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h G e o E n g i n e e r s f o r G e o t e c h n i c a l C o n s u l t i n g EEO COMPLIANCE DOCUMENTS - 2 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. 8.M.a Packet Pg. 212 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h G e o E n g i n e e r s f o r G e o t e c h n i c a l C o n s u l t i n g EEO COMPLIANCE DOCUMENTS - 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: _________________________________________ 8.M.a Packet Pg. 213 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h G e o E n g i n e e r s f o r G e o t e c h n i c a l C o n s u l t i n g G¡oEnc¡¡r rr*s1Q 1101 South Fawcett Avenue, Suite 200 Tacoma, Washington 98402 253.383.4940 EXHIBIT A GEoENG|NEERS, tNC. SOUTH 224TH CORRIDOR STREET IMPROVEMENTS PHASE II - 88TH AVENUE SOUTH AND SOUTH 218TH STREET IMPROVEMENTS SOUTH 222ND STREETTO 94TH PLACE SOUTH GONSTRUCTION OBSERVATION AND GONSULTATION KENT, WASHTNGTON JANUARY L4,2OL9 F|LE NO. O4LO-L4ffi7 ¡NTRODUCTION The purpose of our services is to provide construction observation, consultation, and documentation for geotechnical aspects of the 88th Avenue South and South 218t¡ Street lmprovement project in Kent, Washington. This ls Phase ll of the larger South 224tn Corridor project, which will include connecting South 224tn Slreet to State Route (SR) 515 to the east via South 218tn Street. Our geotechnical design recommendations for this portion of the project are provided in our report titled "Geotechnical Findings and Recommendations Revised Report" dated July 75,2Ot6. The project will include widening and realigning the existing roadway using cut slopes, fill embankments, cast-in-place retaining walls, gravity blocks walls, and a soil nail wall. A new pile-suppofted arched culvert will be installed crossing Garrison Creek and a new stormwater detention pond will be constructed to the southeast of the existing 88tn Avenue South and 2L8tn Street intersection. Realignment and installation of utility lines is also planned. We understand that the total project schedule is expected to be about 15 months; however, a preliminary construction schedule was not available for review. Our labor estimates are based on projects of similar size and scope. SCOPE OF SERVICES Our specific scope of services for Phase ll of the South 224tn Project includes: t. Attend construction coordination meetings as required and requested. We budget for Lyle Stone (Associate) and Brett Larabee (Project Engineer) to attend one kick-off meeting and for Brett Larabee to attend up to 10 on-site construction meetings during the project. Weekly coordination meetings attended by field staff are included with the scoped site visits. 2. Review contractor submittals. We will review material submittals and submittals for contractor- designed elements to confirm they are in accordance with our recommendations. Our review will be to confirm that the project specifications have been met. The contractor will remain solely responsible for 8.M.a Packet Pg. 214 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h G e o E n g i n e e r s f o r G e o t e c h n i c a l C o n s u l t i n g C¡ty of Kent i January t4,20tg Page 2 worker and work site safety. We anticipate reviewing submittals for pile installation, soil nail wall construction, retaining wall design, and various earth materials and aggregate submittals. 3. Provide full-time construction observation services to support the City of Kent's construction inspectors during driven pile installation. We will prepare field reports and pile installation records, a timeline of construction activities, and other pertinent observations. We have budgeted for eight days on site; three days for vibratory pile installation, three days for impact installation, and two days for pile proofing. One day of field observation for pile driving is assumed to include t hours on site plus travel and documentation time. We have also budgeted 16 hours for review of test pile results. 4. Provide full-time construction observation services to support the City of Kent's construction inspectors during construction of the soil nail wall. We will prepare field reports documenting observed installation methods, a timeline of construction activities, and installed lengths. We will also observe verification and proof load testing of the soil nails. We have budgeted for 18 days on site, 15 days for soil nail installation and three days for soil nail testing. One day of observation for the soil nail wall is assumed to include t hours on site plus travel and documentation time. 5. Provide full-time and part-time construction observation services to suppor-t the City of Kent's construction inspectors during roadway widening and realignment using cut slopes, fill embankments, and cast-in-place walls. We will prepare field reports documenting observed geotechnical-related activities, a timeline of construction activities, and other pertinent observations. We have budgeted for 25 full-time days and 25 part-time days on site. One full-time day of field observation is assumed to include t hours on site plus travel and documentation time. One part-time day is assumed to include 4 hours on site plus travel and documentation time. 6. Part-time construction observation services to support the City of Kent's construction inspectors during construction of utilities and the stormwater detention pond. We have budgeted for 20 part-time days on site. One part-time day is assumed to include 4 hours on site plus travel and documentation time. 7 . Provide laboratory soils testing as required and requested. We have budgeted for 16 sieve analysis and 8 Proctor compaction tests. We understand that a materials testing firm will also be retained by the City and will provide additional materials testing support. BEL:US:tt Attachment: Exh¡bit B Fee Estimate Disclaimer: Any electtonic fom, facsimile or hard copy ofthe original document (enai¡, text, table, and/orfigure), if provided, and any attachments are only a c0py of the or¡ginal d0cument. The 0rig¡nal document is stored by GeoEngineers, lnc. and will serve as the official document of record. C0pyr¡ght@ 2019 by GeoEngineers, lnc. All rights reserved. File No.041014rc7 GeoEne lx EERIJ/ 8.M.a Packet Pg. 215 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h G e o E n g i n e e r s f o r G e o t e c h n i c a l C o n s u l t i n g File No. O410-145{7 Exhibit B: Fee Estimate 'January t4,2OLg Exhibit B: Fee Estimate South 224th Corridor (Phase ll - 88th Avenue South and South 2L8rh Street) Gonstruction Kentn Washington Fee Estimate $13,602 $325 $13,928 $20,462 $163 $27,068 $32s $57,366 $813 $78,274 $650 $4,924 $2,000 $2,000 $155,624 $6,275 $161,899 Direct Expenses 500 @ $0.65 250 @ $0.65 500 @ $0.65 1,250 @ $0.65 1,000 @ $0.65 16 @ $125 8 @ $250 Iotal Estimated Fee Total Hours 72 7A L27 204 445 r47 1,150 Geotechnical Support (Various) Rate s104.00 Hours b 10 4F 5ð 15 20 LO4 Lead Technician (Emily Walner) Rate $11Í¡.OO Hours 250 250 Staff Engineer 1 (Sean Hayter) Rate $120.00 Hours 135 775 720 430 Staff Eng¡neer 3 (ChrÍs Newton) Rate s156.00 Hours 20 88 30 L2 150 Eng¡neer 2 (Brett Larabee) Rate s185.00 Houfs oo 40 aa 20 20 10 4 ].82 Associate (Lyle Stone) Rate s232.OO Hours b 72 7 4 2 2 t 34 Task Description fask 1: Meetings Labor [/ileage fask 2: Submittals Labor fask 3: Construction Obs. Piles Labor Mileage Task 4: Construction Obs. Soil Nail Wall Labor N4¡leage Task 5: Construction Obs. Roadway Labor Nlileage Task 6: Construction Obs. Util¡t¡es and Stormwater Pond Labor Mlleage Task 7: Laboratory Analysis Labor Sieve Analyses Proctor Compaction Tests ïotal Labor Total D¡rect Expenses Page I of I GeoE¡¡e rr.r EÊqy'ø 8.M.a Packet Pg. 216 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the 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 $3,000,000 each occurrence, $3,000,000 general aggregate. 8.M.a Packet Pg. 217 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h G e o E n g i n e e r s f o r G e o t e c h n i c a l C o n s u l t i n g EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $3,000,000 per claim and $3,000,000 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 A:VII. 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. 8.M.a Packet Pg. 218 At t a c h m e n t : 2 2 4 t h S t r e e t I m p r o v e m e n t s G e o E n g i n e e r s ( 1 6 1 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h G e o E n g i n e e r s f o r G e o t e c h n i c a l C o n s u l t i n g DATE: February 19, 2019 TO: Kent City Council SUBJECT: Bishop's Landing Bill of Sale - Authorize MOTION: Authorize Mayor to accept the Bill of Sale from Hakam Singh Grewal for Bishop's Landing, as detailed in the summary below. SUMMARY: This bill of sale is related to Bishop’s Landing, located at 23650 132nd Avenue S.E. for the following improvements: A. New streets, together with curbs, gutters, sidewalks and/or any other appurtenances. 866 linear feet at $60/linear foot. B. Frontage improvements, together with lights, trees, landscaping (except residential streets) and/or any other appurtenances. C. Storm sewers, together with 5 manholes at $2,550 each or a total of 12 catch basins at $1,650 each, 50 linear feet of flow separator or drainage ditch with a total cost of $2,000, 26,225 cubic feet of detention pond storage with a total cost of $243,102, and/or any other appurtenances thereto, including 241 linear feet at $125/linear foot of 12” ductile iron, and 431 linear feet at $35/linear foot of 12” PVC. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure ATTACHMENTS: 1. Bill of Sale_Bishops Landing (PDF) 8.N Packet Pg. 219 MATL ÏO: CITY OF KENT ËNGINE ËRTT\.IG DEPAFTTMENT ATTN: KENT WÅ s r¡ r ¡| o? 6 r¡ ON¡ (street, eulJ.ent, "tc.) 220 .4TH AVENUE SOUTI{ KËNT. WAsÈITNGTON 9803? Project: Permlt # Locatlon: Parcel #: L, ¡,!L eÊ " ZÃ)s'¿/ t fL tl,5'o /'3'Z tL'tg Lt"5"¿ óç-Ç"asz- each and/or any other appurtenances BILL OF SALË CTTY OF KENT KTNG COUNTY, WASHINGTON TH'S INSTRU*ENT made this day of _ z0 _ , by and between *Grôntorso, and*Grantee":, hereinafter calledCityof Kent, a muni cipal corporatfon of Klng County,St¡te of Wash lngton, hereinafrer c¿lled WTTNESSET}I: ]5:-tff.tili:J""*"#JÎt a valuable consideration does herebv sranr, barsarn, sen ro Granree rhe ro¡owhs A. wATËRltArNs, fl//t+ Together with a totðl CIf _ gate valves at g hydrants at$ each and/or âny ot¡er appurtenänces thereto gn (street, eesernent, etc.) Including lÍnear ieet at $ per LF of (size & type)waterllne B. SANTTARY SFWERS; fuf k Together wiör a total of thereto.manholes.at g FROM TÓ FRoU Tq IncludinoJ - linear feet êt g ' (size & type) Blll of Sale 1of 5 sewerline. Þer l-F oF 8.N.a Packet Pg. 220 At t a c h m e n t : B i l l o f S a l e _ B i s h o p s L a n d i n g ( 1 6 1 1 : B i s h o p ' s L a n d i n g B i l l o f S a l e - A u t h o r i z e ) C. NEW STREETS: Together with curbs, gurtersf sidewarks, and/or any other appurtenances llN FROM(street, easement, etc.IA),3?n"{J.t -srry /rç :S'Tt¿+ S- { s <1c/bL'/./.lt'¿sÉ '¿3{ þ f¿s14 .5'1a"7 Including 3 Z/linear feet at g þ tc¡PerLF of 1 W¡ (size &6 s,mprovement). D. FRQNTAGE-IMFROVEM ENTS: Together with lights, trees, landscaping (except resldential streets) and/or any other appurtenances gN easement, etc.) e S'rr1 t s'.2 I (street, t|92-o FFopt s¡tç lr L / rc -e'Tv¿I llve Sc Sa ¿3u4,fL ST4 stuj lncludlng (size & type) (improvement), E. STÕRM SEWER.S; Together with a tot¡l ot rnanholes at g z9sü each 0r totäl of basins at g 5 each, c4t) t LF af with a total cost of g .2, with a total cost or ge (streeÇ easement, etc.) n cãtch drainage dltch, ?:Gr ¿yl cubfc feet of detenilon pond sborage andlor any other åppurtenänces thereto FRÛM ïqWsr-n /þb s. ¿ ? s,¿.tLT Ir¡cl,:i!;rg (size & Bill of Sale 2of5 S;4 Sq ö7 llnear feet at g 'Ê t¿{per t-F of zt' ø su*".tlneÍ3S /2"rl ð'a c- To hdve and to hold the same to $e said Grôntee, lts successors anrl assigns forever. . fh" undersigned hereby coveñanLs thãt lt is the lawful owner of såjd prQperb/; and that the sarne ls freefrqm all encumbralces; that all bills foi labor rnäÀãt.¡iiJ'¡"u..been pald; that ir has the riglrt to seilthe sarne afioresatd; tlrat it wlll warrant and defend tire same uq"t";tthJË*ârî."t"inr= and demand of allperson(s); The Blll of sare ig given on consrderation ot the agreement of the crantee for rtserf, its zucces'0rs and-ôssigns to incorporate said utJlities ¡n lts ut¡lity .ystËrn ãnã lì À"intain them as pmvided tn the applicable fly,nrï1'L"Jtoî;.0.*t citv accepts the ltems'rù¡j..t io--rtun "pproua anã iompretion or a 2 year 8.N.a Packet Pg. 221 At t a c h m e n t : B i l l o f S a l e _ B i s h o p s L a n d i n g ( 1 6 1 1 : B i s h o p ' s L a n d i n g B i l l o f S a l e - A u t h o r i z e ) IN WITNESS WHEREOF ,theu ned has caused thls instrurnent to be executed on thls day of , zo )(-. -4,IAU¡*-,,A \/\^, -!",; L5 L day of 20 \< ,beforeme,the of Washlngton, duly cömmissloned and swo¡-n personally On this unders¡gned A Notary public in ¿nd for the State Bill of Sale 3of5 Kq"...¡f" \r A TbZo IN WrTh¡ËSS WHEREOF, Èhe undersfgned has caused this rnstrument to be executed on this _-.--_day of ,@q4\Çft- yetg STATE OF W.ÅSHTÀIGTON t{ COUNTY OF ICTNG ))ss ) appeared to me known to be üle ìndivldual descríbed !n andwho executed the foregolng ingiñiment, and acknow ledged ro me thät he/shê slgned and sealed thisinstrument as his/her free and voluntary ast and deed for ttre uses ¿nd purposes therein rnenfloned. GIVEN under my hand and offictal seal thís *$-$¡fu"y o,2o\l':P Public ln shington, resldlng at l"ly Cornmlssion Expires: l" StäteÏAR N B MA L S NGH PANNU oN v PU B L c OF ïWASHIiIG 20r6 8.N.a Packet Pg. 222 At t a c h m e n t : B i l l o f S a l e _ B i s h o p s L a n d i n g ( 1 6 1 1 : B i s h o p ' s L a n d i n g B i l l o f S a l e - A u t h o r i z e ) - J Ac*nr?áß, := I ç , ber+:-e iíii, ü¿ r1i iu!l:t in =iri 'Écr ri':= S-r*!ate +i irr.'ashingion, iuly cammissiûned ând svdûrr-ì/ personai ly an¡ S t tnd û \l JIT < lHiÉh to rúe io be rhe .+---.,^Ji:ítÉC+¡ =ij and raspectively of Lhe that execr:ted the foregolng instrurnent, ¿;':d acknowledged the said ¡nstrument to be the free and voluntary act ãnd deed of sald they are âuthorized to execute the ror the uses and purposes therein rnentioned, and on oath stated rhat säld ¡nstrument, witness my hand and ofñcial seal hereto affix the day and yeâr f¡rst above written. \rr tô\t I'l Åtotary in and ståte ofwashington, residing at \{Nr*Í. My Connmisslon Þxpires: ô The Bíll of Sale ls given and accepted púrsuant to a motion duly made, seconded, and passed by the c,tyCounciloftheCityofKent,'KingCounfy,Washlng|on,cnr$e+cjayof o70 NIRMAL SI N P U LI C OF WASH INGTON rsst0N EXPI RES SEPTEM BER 10,20 1ô Blll of Sale 4of5 8.N.a Packet Pg. 223 At t a c h m e n t : B i l l o f S a l e _ B i s h o p s L a n d i n g ( 1 6 1 1 : B i s h o p ' s L a n d i n g B i l l o f S a l e - A u t h o r i z e ) FJFEFí Ë Ef.æËræL ¡Siry ãËÞ, H ttr.ËÞ,Ëíd ËlË E gF,Ë GãFi ã € R"S C€RiEFEtrãTi t ñi¡ E i¡ i- t.* iJ:_:,.:-eåå. É.9 ÊËLaËÈ Kãf\¡Ë t*Utrîyr'fríÅËt tEtrfrTtft rrt- - - --¡rre ngures used on the BÍii of Saie for ¿uD i Jld¿ t roject , r-ar the sän-¡e said' ¡J¡ LrjcLLr I ;= F .-.r i::'- -,,*.-..r -Li v¡ ii¡i¡u suivt:?-ür- ¡5 ii:¡e pÊistri_i resFûnsibie farihe prepâfäiion of the Blll of Saie and is eil ernpiairee of (,u/ /"¿, It c f-u(-Èh¿ 9!-* respansili le fe¡' the preÞaratian c¡i th e r-e¡n ¡¡ d f ã\Åj ! nr_,s " ¿ l: t::; J' ¡E ê EÈEEEFTE*æF É -g---++;.-ÕÆf .:fFè# F¡ utl¿:Br¡ És/¡ U¡J, üi.-rl:- 8.N.a Packet Pg. 224 At t a c h m e n t : B i l l o f S a l e _ B i s h o p s L a n d i n g ( 1 6 1 1 : B i s h o p ' s L a n d i n g B i l l o f S a l e - A u t h o r i z e ) DATE: February 19, 2019 TO: Kent City Council SUBJECT: Clean Harbors Bill of Sale - Authorize MOTION: Authorize the Mayor to accept the Bill of Sale from Kemp Investments LLC, for the Clean Harbors Building, as detailed in the summary below. SUMMARY: This bill of sale is related to the Clean Harbors Building located at 26328 79th Avenue South for the following improvements: A. Watermains, together with a total of 3 gate valves, 1 hydrant and any other appurtenances thereto. 135 linear feet at $85 per linear foot and 8” waterline. B. New streets, together with curbs, gutters, sidewalks and/or any other appurtenances. 37 linear feet at $54 ($252/linear foot x 55 linear feet total improvement cost) per linear foot of concrete sidewalk, curb and gutter. C. Storm Sewers, together with 1 catch basin. 11 linear feet at $50 per linear foot of 12” sewer line. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure ATTACHMENTS: 1. Bill of Sale_Clean Harbors Building (PDF) 8.O Packet Pg. 225 MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: I KENT 22O .4TH AVENUE SOUTH KENT, WASHTNGTON 98032WasHtHEtToH B. SANITARY SEWERS: Together with a total of thereto. ON (street, easement, etc.) Including Project : Clean Harbors Buildino RHCMSVffiM sEP 13 2012 CTTY OF KEFIT ECONOMIC AND COMMIJNITY DEVFLGPil'IHN1' Permit #:RFCC '1 ?OOoo7-)rlo qe, Location: 26328 79th Avenue South Parcel #:346280-0090 BILL OF SALE CITY OF KENT KrNG COUNTY, WASHINGTON THIS INSTRUMENT made this 10th day of September 2072, by and between Kemp Investments LLC, hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements : A. WATERMAINS: Together with a total of (3) gate valves at $380 each, (1) hydrants at $2,500 each and/or any other appurtenances thereto. ON (street, easement, etc.) 79th Avenue South Frontage Including 135 linear feet at $85 per LF of 8" D.I. waterline 1151f East of Propefty Line each and/or any other appurtenances FROM TO manholes at $ FROM TO (size & type) linear feet at $ sewerline. Bill of Sale 1of 5 per LF of 8.O.a Packet Pg. 226 At t a c h m e n t : B i l l o f S a l e _ C l e a n H a r b o r s B u i l d i n g ( 1 6 1 0 : C l e a n H a r b o r s B i l l o f S a l e - A u t h o r i z e ) C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON (street, easement, etc.) 79th Avenue South FROM 55lf th Street TO Frontage @ Driveway Including 37 linear feet at $54 ($252/LF x 55LF total improvement cost) per LF of concrete sidewalk, curb and gutter, D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $per LF of (size & type)mprovement). E. STORM SEWERS: Together with a total of manholes at $each or total of (1) catch basins at $1,650 each,LF of biofiltration bwale or drainage ditch with a total cost of $ cubic feet of detention pond storage with a total cost of $ and/or any other appurtenances thereto. ON (street, easement, etc.) 79th Avenue South Frontage Including 11 linearfeet at $50 per LF of 12" D.I. sewerline To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2of5 FROM TO Back of walk 8.O.a Packet Pg. 227 At t a c h m e n t : B i l l o f S a l e _ C l e a n H a r b o r s B u i l d i n g ( 1 6 1 0 : C l e a n H a r b o r s B i l l o f S a l e - A u t h o r i z e ) IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on thisttrdayof @,20 l2-. I M w IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of ,2O -. STATE OF WASHINGTON ss ) ) )COUNTY OF KING On this /04 , 20 / L , before me, theday of undersigned A N Publ in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. ^ ,o /2--GIVEN under my hand and official seal this day of Public and State of Washington,ng at /o (-,n My Commission Expires: t/- tf-lP h Bill of Sale 3of5 8.O.a Packet Pg. 228 At t a c h m e n t : B i l l o f S a l e _ C l e a n H a r b o r s B u i l d i n g ( 1 6 1 0 : C l e a n H a r b o r s B i l l o f S a l e - A u t h o r i z e ) STATE OF WASHINGTON COUNTY OF KING On this , 20 _, before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me to be the respectively ofand the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument Witness my hand and official seal hereto affix the day and year first above written Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 20 ss ) ) ) day of KENT Bill of Sale 4of5 W*ssrNcrtrH 8.O.a Packet Pg. 229 At t a c h m e n t : B i l l o f S a l e _ C l e a n H a r b o r s B u i l d i n g ( 1 6 1 0 : C l e a n H a r b o r s B i l l o f S a l e - A u t h o r i z e ) ENGIN EEtrS CERTIFICATION CITY OF KENT KING COUNry WASHINGTON The figures used on the Bill of Sale for the Clean Harbors Building project dated September 10th 2Ot2, for the same said RECC-2t2A987 project. Alan F. Poe the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of POE Engineering, Inc., the firm responsible for the preparation {a\ of the record drawin '1 gs. r+ a?{ffi* Signature ?, ltollt- ( Eng i neer sta m p requ i red ) Bill of Sale 5of5 8.O.a Packet Pg. 230 At t a c h m e n t : B i l l o f S a l e _ C l e a n H a r b o r s B u i l d i n g ( 1 6 1 0 : C l e a n H a r b o r s B i l l o f S a l e - A u t h o r i z e ) DATE: February 19, 2019 TO: Kent City Council SUBJECT: Accept the 2018 Plastic Markings Project as Complete - Authorize MOTION: Authorize the Mayor to accept the 2018 Plastic Markings Project as complete and release retainage to Stanley Patrick Striping Co, upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project included installation and refreshing of plastic pavement markings such as stop bars, crosswalks, traffic arrows and railroad markings throughout the City. The final contract total paid was $240,233.53 which is $6,203.53 over the original contract amount of $234,030.00. BUDGET IMPACT: The project was paid for using Business and Occupation funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure 8.P Packet Pg. 231 DATE: February 19, 2019 TO: Kent City Council SUBJECT: Accept the Kent Memorial Park Play Area Renovation and Wiffle® Ball Field Installation Project as Complete - Authorize MOTION: Authorize the Mayor to accept the Kent Memorial Park Play Area Renovation and Wiffle® Ball Field Installation Project as complete and release retainage to Harkness Construction LLC, upon receipt of standard releases by the State and the release of any liens. SUMMARY: In March 2018, after a competitive bidding process, the Parks Department contracted with Harkness Construction LLC, to renovate the existing play area and construct a Wiffle® ball field at Kent Memorial Park. The final contract amount was $432,954.50. BUDGET IMPACT: Kent Memorial Park Playground & Wiffle® Ball Field budget. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Kent Memorial Park Play Area Renovation (PDF) 8.Q Packet Pg. 232 KENT PARKS, RECREATION & COMMUNITY SERVICES Julie Parascondola, CPRE, Director Parks, Recreation and Community Services 22O 4th Avenue South Kent, WA 98032 Fax: 253-856-6050 WaSHTNGToN PHONE: 253-856-5100 L/7/201e Jason Harkness Harkness Construction 45015 244th Ave. SE Enumclaw, WA 98022 RE: Kent Memorial Park Play Area Renovation and Wiffle@ Ballfield Installation Jason: I made a final inspection of the play area and Wiffle ball field at Kent Memorial Park on 8/3t/2O18 and found that the project is completed to my satisfaction. This letter constitutes Notice of Final Completion of the KMP Play Area Renovation and Wiffle Ball Field Installation. If you have any questions, please call or email. Thank you. Regards, ,ti(t7'^ Bryan Higgins Bryan Higgins, Parks Capital Project Manager Parks Planning & Development Division Parks, Recreation, & Community Services 220 Fourth Avenue South, Kent, WA 98032 253-8s6-51r0 bhigqins@KentWA.qov ool < =Pc C):t O Mayor Dana Ralph City of Kent Parks, Recreation & Community Services Julie Parascondola, Director 8.Q.a Packet Pg. 233 At t a c h m e n t : K e n t M e m o r i a l P a r k P l a y A r e a R e n o v a t i o n ( 1 6 0 9 : A c c e p t t h e K e n t M e m o r i a l P a r k P l a y A r e a R e n o v a t i o n a n d W i f f l e ® B a l l F i e l d DATE: February 19, 2019 TO: Kent City Council SUBJECT: Supplemental Budget Adjustment Ordinance - Adopt MOTION: Adopt Ordinance No. , approving consolidating budget adjustments made on December 31, 2018, reflecting an overall budget increase of $110,560. SUMMARY: This ordinance is going before the Operations Committee on February 19, 2019, the same day it goes before the City Council for adoption. This ordinance makes technical gross budget adjustments reflecting an overall budget increase of $110,560. The requested increase is related to the City’s bank account balance held at Heritage Bank, which is used by SMG for accesso ShoWare operations. On at least an annual basis, per accounting rules, the balance in the bank account must be reconciled to the cash balance recorded in the accesso ShoWare Operating Fund and the amount recorded in the fund adjusted to match the bank balance. For 2018, this adjustment reflects a reduction in the bank balance of $110,560 for amounts that were spent by SMG in 2018, but not previously expensed by the City. A budget increase is needed to provide sufficient budget authority for this required reconciliation adjustment. To help alleviate such large year-end adjustments, the City will perform this reconciliation on a monthly basis beginning in 2019. BUDGET IMPACT: These expenditures are within existing fund balance. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Budget Adjustment Ordinance (PDF) 8.R Packet Pg. 234 1 2017-2018 Budget Adjustment December 2018 ORDINANCE NO. 4312 AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made on December 31, 2018, reflecting an overall budget increase of $110,560. RECITALS A. Expenditures as classified in the final, adopted budget constitute the city’s appropriations for that year. After adoption, there are a variety of events that will precipitate the need to amend the adopted budget, such as grant awards, bonds issuance, collective bargaining agreements and additional budget requests coming through Council committees. These modifications are periodically consolidated into a supplemental budget adjustment ordinance amending the original adopted budget. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Budget Adjustments. The 2017-2018 biennial budget is amended to include a budget fund adjustment for the final month of 2018 made on December 31, 2018, as set forth in Exhibit “A,” which is attached and incorporated into this ordinance. Except as amended by this ordinance, all terms and provisions of the 2017-2018 8.R.a Packet Pg. 235 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e ( 1 6 1 6 : S u p p l e m e n t a l B u d g e t A d j u s t m e n t O r d i n a n c e - A d o p t ) 2 2017-2018 Budget Adjustment December 2018 biennial budget Ordinance No. 4230, as amended by Ordinance Nos. 4245, 4251, 4258, 4266, 4270, 4284, 4301, and 4307 shall remain unchanged. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force five days after publication, as provided by law. February 19, 2019 DANA RALPH, MAYOR Date Approved ATTEST: February 19, 2019 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted February 22, 2019 Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.R.a Packet Pg. 236 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e ( 1 6 1 6 : S u p p l e m e n t a l B u d g e t A d j u s t m e n t O r d i n a n c e - A d o p t ) Fund Title Previously Approved Approval Requested Total Adjustment Ordinance Kent Events Center Fund - 110,560 110,560 Total - 110,560 110,560 - - - Exhibit A City of Kent Budget Adjustment Ordinance Adjustments December 31, 2018 8.R.a Packet Pg. 237 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e ( 1 6 1 6 : S u p p l e m e n t a l B u d g e t A d j u s t m e n t O r d i n a n c e - A d o p t ) Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance Kent Events Center Bank adjustment to reconcile City's cash balance to ShoWare bank account 110,560 110,560 Total Kent Events Center - 110,560 110,560 Grand Total All Funds - 110,560 110,560 Budget Adjustment Detail for Budget Changes December 31, 2018 8.R.a Packet Pg. 238 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e ( 1 6 1 6 : S u p p l e m e n t a l B u d g e t A d j u s t m e n t O r d i n a n c e - A d o p t )