HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 5/15/2018adccW18328
CITY OF KENT
Council MeetingAgenda
Mayor Dana Ralph
Council President Bill Boyce
Councilmembers
Vacant Position No. 1 Brenda Fincher
Satwinder Kaur Les Thomas
Toni Troutner Dennis Higgins
May 15, 2018
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KENT CITY COUNCIL AGENDAS
May 15, 2018
Council Chambers
Mayor Dana Ralph
Council President Bill Boyce
Vacant Council Position No. 1 Councilmember Dennis Higgins
Councilmember Brenda Fincher Councilmember Les Thomas
Councilmember Satwinder Kaur Councilmember Toni Troutner
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WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Sound Transit Sounder Access Danielle Butsick 20 min
Improvement Project Karen Kitsis
Chelsea Levy
228th/ 224th Street Corridor Funding Tim LaPorte & Public Works Staff 45 min
Remaining Segments
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
i. Swearing in of Chief Padilla
ii. Representative Tina Orwall – Legislative Update - Session Wrap-Up
iii. Community Arts Support Grant Recipient
iv. Kent Lions Club Recognition
v. Proclamation for National Police Week
vi. Proclamation for National Public Works Week
vii. Proclamation for Relay for Life – Kent Days
viii. Proclamation for Kent International Day
B. Community Events
C. Public Safety Report
5. REPORTS FROM COUNCIL AND STAFF
6. PUBLIC HEARING
7. PUBLIC COMMENT - – If you wish to speak to the 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.
8. CONSENT CALENDAR
A. Minutes of May 15, 2018, Workshop and Council Meeting – Approve
B. Payment of Bills – Approve
C. Excused Absence for Councilmember Thomas - Approve
D. School Zone Traffic Safety Camera Program Fund Expenditures – Approve
E. CORE Networking Routing Contract for Technical Hardware Upgrade –
Authorize
F. South 228th Street Interurban Trail Connector Project Acceptance of Grant
Funds – Accept
9. OTHER BUSINESS
10. BIDS
A. 2018 Crack Sealing Project – Award
B. 2018 Paint Line Striping and RPM Replacement Project – Award
C. Kent Springs and Pump Station No. 4 Electrical Upgrades Project – Award
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 at 1-800-833-6388.
COUNCIL WORKSHOP
A) Sound Transit Sounder Access Improvement Project – Danielle
Butsick/Karen Kitsis, Chelsea Levy
B) 228th/224th Street Corridor Funding Remaining Segments – Tim LaPorte
and Public Works Staff
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AGENDA APPROVAL
Changes from Council, Administration, or Staff
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PUBLIC COMMUNICATIONS
A) Public Recognition
i. Swearing in of Chief Padilla
____________________________________________________________
ii. Representative Tina Orwall – Legislative Update - Session Wrap-Up
____________________________________________________________
iii. Community Arts Support Grant Recipient
_____________________________________________________________
iv. Kent Lions Club Recognition
_____________________________________________________________
_____________________________________________________________
v. Proclamation for National Police Week
_____________________________________________________________
_____________________________________________________________
vi. Proclamation for National Public Works Week
_____________________________________________________________
_____________________________________________________________
vii. Proclamation for Relay for Life – Kent Days
_____________________________________________________________
_____________________________________________________________
viii. Proclamation for Kent International Day
_____________________________________________________________
_____________________________________________________________
B) Community Events
C) Public Safety Report
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PROCLAIVIATION
WHEREAS, the Congress and President of the United States have designated May
15 as Peace Officer's Memorial Day, and the week in which May 15 falls
as National Police week; and
WHEREAS, the members of the Kent Police Department play an essential role in
safeguarding the rights and freedoms of the citizens of Kent; and
WHEREAS,it is important that all citizens know and understand the duties,
responsibilities, hazards, and sacrifices of their police officers, and that
members of our police department recognize their duty to serve people
by safeguarding life and property, by protecting them against violence
and disorder, and by protecting the innocent against deception and the
weak against oppression; and
WHEREAS, the men and women of law enforcement unceasingly provide a vital
public service; and place their lives before the citizens witnessed too
many times in2017; and
NOW, THEREFORE, l, Mayor Dana Ralph, call upon all citizens of Kent and upon all
patriotic, civic and educational organizations to observe the week of May 13-19 as
''NATIONAL POLICE WEEK"
and join me in commemorating law enforcement officers, past and present, who, by
their faithful and loyal devotion to their responsibilities, have rendered a dedicated
service to their communities and for preserving the rights and security of all citizens. lt
is also requested that all flags be lowered to half-staff as directed under Presidential
Order in honor of the law enforcement personnel, who through their courageous deeds,
have made the ultimate sacrifice in service to their community, and let us recognize and
pay respect to the survivors of our fallen heroes.
Dated this 15th d ay of May, 2018
KENT
WASHtNGToN
Mayor Dana Ralph
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PROCLAMATTON
Public Works - First Responders for Infrastructure
Whereas, the City of Kent recognizes the men and women in Kent who
provide and maintain public works infrastructure, facilities and
services are of vital importance to sustainable communities and
to the health, safety and well-being of the people; and,
Whereas,such facilities and services could not be provided without the
dedicated efforts of public works professionals, engineers,
managers and employees from State and local government and
the private sector, who are responsible for and who plan, design,
build, operate, and maintain the transportation, water,
wastewater, drainage infrastructure and facilities, and who
deliver solid waste services, transit, and fleet services which are
essential to serve our citizens; and,
Whereas, ¡t is in the public interest for the citizens, civic leaders and
children in the United States of America to gain knowledge of
and to maintain an interest and understanding of the importance
of public works programs in their respective communities; and
Whereas, the year 2018 marks the s8th annual National Public Works
Week sponsored by the American Public Works Association; and
NOW. THEREFORE, I, Mayor Dana Ralph, do hereby proclaim the week of
May 20-26, 2018 as
National Public Works Week
and urge all our citizens to pay tribute to our public works professionals,
engineers, managers and employees and to recognize the substantial
contributions they have made to our national health, safety, welfare and
quality of life.
IN WTTNESS WHEREOF,I have hereunto set my hand and caused to be
affixed t the city of Kent this 15th day of May 2018.
KENT
WASHtNGToN
Mayor D.ana Ralph
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PROCLAMATTON
wHEREASI the American Cancer Society is the nationwide,
community-based voluntary health organization
dedicated to eliminating cancer as a major health
problem through research, education, advocacy and
service; and
WHEREAS, Relay For Life is the nationwide signature activity for the
American Cancer Society funding over $150 million in
cancer research each year; and
WHEREAS,Relay For Life is an l8-hour community event that
celebrates survivors, remembers those who have lost
their battle with cancer and unites our city to fight
against a disease that has taken too much from too
many; and
WHEREAS,the Relay for Life of Kent raises money to fight cancer,
greatly increases community awareness of cancer, and
stimulates a real sense of relationship and camaraderie
among the participants; and
NOW, THEREFORE, I, Dana Ralph, Mayor of the City of Kent, do
hereby declare June 1-2, 2018 as
*RELAY FOR LIFE - KENT DAYS"
in the city of Kent and encourage citizens to join me by participating in
this year's Relay for Life event. There is no finish line until we find a
cure!
Date this 15th day of May, 2018
I
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Mayor Dana Ralph
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PROCLAMATION
wHEREAS,the Kent International Festival started as a vision of Mayor Suzette
Cooke and a few local business owners in response to the ever
growing multicultural populations who have come to live and work in
Kent; and
wHEREAS,the Kent International Festival is a yearly celebration of the cultural
diversity represented in the Kent community and South King County.
Celebrated on the first Saturday after Memorial Day, we believe that
through coming together and celebrating our heritages with respect
and understanding, we build a stronger sense of community that is
inclusive of all; and
WHEREAS,the first festival was held June of 2009 at Town Square Plaza with
1500 estimated in attendance. The fifth year was the last year held on
the plaza, the festival moved to its new home in the acesso ShoWare
Center where we will mark our 10th year; and
WHEREAS, Kent is one of the most multicultural diverse cities - many of these
cultures are actively involved in the festival; and
WHEREAS' Kent prides itself on being a city where people of all cultures and faiths
are welcome, respected and able to live in harmony with one another;
and
WHEREAS, the Kent International theme is "Learn from Each Other",
NOW, THEREFORE, I, Dana Ralph, Mayor of the city of Kent, do hereby proclaim
Saturday, June 2, 2018 as
KENT TNTERNATTONAL DAY
and encourage all residents celebrate our rich diversity with respect and
understanding as we build a stronger community inclusive to all. Please join this
yearly celebration of cultural diversity at the accesso ShoWare on Saturday, June 2,
2018.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to be
affixed this 15th day of May, 2018.
KENT
Wasr-ttNctoN
na Ralph, Mayor
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REPORTS FROM COUNCIL AND STAFF
Mayor Ralph:
Derek Matheson/Administration:
Council President Boyce:
Councilmember Kaur:
Councilmember Higgins:
Councilmember Troutner:
Councilmember Thomas:
Councilmember Fincher:
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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: 05/15/18
TO: Mayor Ralph
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, May 15, 2018
The Chief Administrative Officer’s report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION
• Congratulations to new Police Chief Raf Padilla and thank you to former Chief Ken
Thomas for his 29-years of service to the city.
• We are down to seven applicants for City Council: one withdrew due to residency issues.
The council plans conduct interviews and appoint a new member in June.
• The mayor, council president, CAO, HR director, and performance analyst have agreed
on a recommended “strategic framework”, i.e. vision, mission, goals, and values. Staff
will present a resolution to the Operations Committee and City Council in the near
future.
Communications
• The Communications department is working closely with Public Works on a number
of public outreach plans to address the summer construction season. To help us
manage this work and better communicate with the public, we are utilizing a project
management tool and have created a template to be used with Public Works and
other departments to help us determine timelines, scope of work, outreach tools,
etc. We are also working on some new outreach efforts, more strategic messaging
and training.
Community Engagement
• The 10th annual Kent International Festival will be held on Saturday June 2 at the
accesso ShoWare center. The coordinating committee, which includes the City’s
Community Engagement Coordinator, is looking for individuals who want to
volunteer at the festival and help run the event. They have volunteer openings for
the snack bar, food court, three entertainment stages, and set up and break down. If
you’re interested in volunteering, please reach out to Uriel Varela at
uvarela@KentWA.gov.
Neighborhood Program
• Congratulations to Connection Condominiums and Kent Downtown Partnership on
being awarded Kent Neighborhood Program Matching Grant funds for two community
projects. Both neighborhood groups were formally recognized earlier this year by
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Kent City Council. Connection Condominiums requested funding for water barrels to
connect to their downspouts for their community garden. Kent Downtown
Partnership requested funding to create a mural that will be attached to the west
side of the Around the Clock building on 6th Avenue South, between West Gowe
Street and West Meeker Street. The mural is called, “hands of diversity linked
together.”
ECONOMIC AND COMMUNITY DEVELOPMENT
• Staff hosted the Executive Director of Washington State’s Center of Excellence for
Global Trade and Supply Chain management to discuss cooperation on a place-based
strategy for meeting the occupational demands of businesses in the Kent Industrial
Valley, and to cooperate on employer outreach.
• Staff met with Sr. VP for Human Resources at Oberto to learn more about their planned
updates to factory operations.
• Staff received an update from Berk Consulting, who is completing a study for Puget
Sound Regional Council to define the (outer) space industry sector. The City and Blue
Origin are contributors with several other local governments to this work, which will help
policy makers to measure the contributions of the emerging “newspace” industry.
• Staff provided a tour for the Economic Development Council of Seattle & King County’s
two current staffers to acquaint them with Kent’s industrial landscape, recruitment
priorities, and discuss the continuing transition into the Regional Trade and Economic
Development Alliance.
• Staff attended the Washington Manufacturing Awards night to cheer on Pacific
Metallurgical who won the gold for manufacturer of the year.
• Staff met with a commercial broker representative of a Seattle firm seeking to relocate
into the Kent area; as they are having difficulty finding sites to acquire.
Long Range Planning
• Long range planning staff worked with Public Works staff to apply for federal funding
for Meet Me on Meeker (MMOM). This grant opportunity – the Congestion Mitigation
and Air Quality funds from the Federal Highway Administration – has a specific “Non-
Motorized Set Aside” for bike/ped projects such as MMOM. Staff drafted a 6,000 word
application for the segment of Meeker between the private developments at Marquee
on Meeker and 64th and Meeker. If awarded, this funding would help construct a
complete non-motorized connection from Green River all the way to 64th Avenue—
leveraging significant private investment as well as city placemaking funds.
Code Enforcement
• Following the “dangerous building” determination for the Command Labor building on
Lincoln Avenue & Smith Street, the owner has begun demolition of the structure
starting with removal of the siding to prevent transient use in the interim. Staff is
also pursuing court authorization for the City to demolish in case the work is not
completed.
• Code enforcement staff is awaiting the asbestos survey results for a partially burnt,
abandoned house on 98th Avenue South. If no asbestos is found, demolition by the
City’s contractor can begin after a 10-day waiting period required by the Puget
Sound Clean Air Agency.
• Code enforcement and legal staff is finalizing an ordinance authorizing code
enforcement officers to issue civil infractions to shorten the enforcement process,
lessen paperwork and achieve faster compliance. The ordinance will be discussed
with the Economic & Community Development Committee in May and June.
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Current Planning
• Staff is working to streamline several permitting processes, including plats and short
plats, small cell facilities and zoning determinations.
Administration
• ECD and PW Administration worked with energy, communication and cable utility
providers to dramatically reduce the time and expense of permitting for those
providers to do common repairs and maintenance of their systems in the public right
of way. The streamlined process went live on May 1 and enables PSE and others to
provide faster, lower cost service to their customers located in Kent.
Permit Center/Building Services
• ECD continues its effort to recruit and hire staff in the Building Department, an effort
that is challenged by the region’s tight labor market in this industry.
• 10 Projects are fully permitted and can begin work.
• Six other major projects are on track to begin shortly.
• 376 permits were issued.
• Valuation estimate for new permitted development: $29,060,828.00
• Building Inspectors completed 1,906 inspections.
FINANCE – No report
HUMAN RESOURCES
Community Outreach
• Four students from the Kent School District’s iGrad program began their internship
experiences in Administration and Human Resources.
• The May Cultural Community Conversation was held on Wednesday, May 9, from 9-
10 AM in Council Chambers. In honor of Asian-Pacific American Heritage Month, our
guest speakers shared wartime experiences of Japanese Americans in the White
River Valley and, specifically, in the City of Kent. If you missed any of the
presentations, you can view them in HR on CitySpace.
Labor, Class & Compensation
• Finalizing Memoranda of Understanding (MOU).
• Continuing the 2018 update of City policies.
• Completing reclassifications from various departments.
• Continuing work on ongoing investigations.
• Beginning work on updating and revising the City’s job description format.
Recruitment
• Interviews were held for the Combination Building Inspector (TLT) on Friday, May 4.
• Testing for the Accounting Services Assistant will be conducted Wednesday, May 9.
• ECD Planning Technician candidate testing will take place on May 10 and interviews
are scheduled for May 16 and 17.
• Practical exams and interviews for Public Works MW IV- Water Distribution will take
place on Monday, May 14.
• Interviews on May 10 for the IT Department Applications Developer.
• The following new employees will be starting on May 16: Troy Saghafi (PW),
Matthew Coy (PW), and Kelly Maughan (Parks-Facilities).
• ECD is pleased to welcome Kaelene Nobis to their team, who filled a vacated Planner
position on May 1. Sara Ullman will also be joining ECD on June 1 as a Planner, back-
filling Erin George’s position, who was promoted to Current Planning Manager.
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• Working to create new application templates in order to comply with HB 1298 (WA
Fair Chance Act), SB 6145, pertaining to citizenship requirements for employment for
civil service positions and the Equal Pay Act. New laws go into effect on June 7.
Benefits
• Working on the Annual Report to the State Risk Manager.
• Working on the Health and Wellness Broker RFP and beginning a Wellness RFP.
• Finalizing the updated Wellness communications schedule.
• Beginning work on the Benefits Intranet page redesign.
• Continuing ADA and FMLA case management.
INFORMATION TECHNOLOGY
• Enable AVL (GPS) on Mobiles - Turn on Automatic Vehicle Location (AVL) to provide
visibility of officers’ location by and between officers in the field, Command Staff at
Headquarters, and Dispatchers at Valley Communications. This enhances officer safety
in the event they come under duress and need officer assistance.
• Mugshot Booking Enrollment Into Regional Booking Photo Comparison (RBPC) - Extract
10-yrs of bookings and mugshots and ongoing enrollment into the facial recognition
system. This will allow local candidates to be available when searching images of
individuals involved in criminal activity.
• Multimedia Request System Replacement - This project will replace the existing Avanti
system with a new system that will be more stable, better supported and easier to
maintain. We will also be looking to add additional features like: direct to print/quick
print, electronic job ticket board, enhanced billing and invoicing capabilities, and
improved web catalogue/online ordering.
• Information Technology operational support for April 24-May 8: Number of tickets
opened – 325; number of tickets closed - 310
LAW
• April was a very large trial month for the City. In fact it was the largest trial month
since the court’s inception in 1994. There were 222 defendants set for trial. The
Criminal Division of the Office of the City Attorney subpoenaed 268 civilian witnesses to
appear in court to testify for in those cases set for trial. 189 of those witnesses
appeared.
• Staff appeared with Kent Police at a hearing for an Extreme Risk Protection Order at the
Regional Justice Center.
• The department collected $9,460 for Human Services’ Home Repair Program after a
homeowner misled Human Services staff as to his intent, violated the program’s
policies, and used the repairs to improve the property for the sole purpose of listing and
selling the property for a profit.
• Staff assisted with property acquisitions and lawsuits in the 228th and 224th corridor
projects.
• Staff continues to negotiate small cell franchises and telecommunications facilities
leases.
• Staff provided legal advice for public works projects bidding issues.
• Staff assisted in the review and response to a draft MOU for the Puget Sound Gateway
Program (SR 167 and SR 509 extensions).
• Staff continues to assist the Clerk’s office with public records requests.
• Staff is working with HR on a number of complicated and sensitive employment issues
involving overlapping state and federal laws.
• Staff provides legal advice and work on the cooperative YMCA project and two Sound
Transit development projects.
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• Staff assist Public Works with legal issues concerning levee construction projects along
the Green River, including design alternatives, property acquisition, and construction.
• Provided legal review and assistance on drafting 28 correction notices, 17 notices of
violation, three voluntary correction notices, and one stop-use order for code
enforcement matters in the month of April.
MUNICIPAL COURT – No report
PARKS, RECREATION, AND COMMUNITY SERVICES
Cultural Programs
• A new Kent Creates exhibit – “On the Water” – is open through June 30. The Kent
Arts Commission encourages artists and creative minds to use water as inspiration
and to submit photographs, recipes, videos of dances, short films, poems, paintings,
drawings, or work in any creative medium.
• The April-May Centennial Gallery exhibit features the City’s entire collection of work
by beloved and acclaimed local artist Danny Pierce. The show, which is on display
through May 18, features ten artworks donated to the city’s collection by Danny and
Julia Pierce’s children from the Pierce estate, as well as pieces from the existing
collection.
Human Services
• Human Services staff and the Human Services Commission are currently reviewing
grant applications for human services funding in 2019-2020. The joint funding
application process includes 17 cities in North, East, and South King County. There
were 267 applicants total with over $24 million in requests to the joint cities. The
City of Kent received close to 100 applications with a total request of nearly $2.6
million. Staff and Commissioners will be reviewing, rating, and discussing the
applications between now and mid-June.
• Community Development Block Grant staff (CDBG) attended a two-day Housing and
Urban Development (HUD) entitlement grantee meeting sponsored by the Seattle
Office of Community Planning & Development (CPD). The meeting focused on grant-
based accounting, timeliness, Annual Action Plan submission, pre-award costs, Plan
Amendments, and HUD monitoring. King County CDBG and HOME consortium
grantees held a joint meeting with HUD representatives of the consortium
jurisdictions, along with the CPD Regional Manager as part of the convening.
• The City was notified by HUD that our CDBG allocation for FY2018 will be
$1,145,186; a $90,529 increase from 2017.
• The Kent Youth Initiative continues to gain momentum. A core team has come
together to advise the City and inform the Initiative on current resources and
opportunities to support youth in Kent who are at high risk of gang involvement or
engaged in gang activity. Current members of the team include: King County
Superior Court, GEM, Alive and Free, Centro Rendu, Center for Children & Youth
Justice - Youth Linc, Kent Youth and Family Services, Credible Messengers Program,
as well as City of Kent staff from Police and Human Services. The group is focused on
mapping the existing available resources, building capacity for existing programs,
community mobilization, focused interventions on court-involved youth at first
referral, and opportunities to identify and support youth earlier to prevent court
involvement. A data group is also meeting and includes staff from Information
Technology, Community and Economic Development, Mayor's Office, and Parks
(Recreation and Human Services). They are discussing the data we collect and how
we can measure the impact of the Youth Initiative going forward - focused on how
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we know youth are better off in Kent and whether we are successfully preventing
gang involvement. The Youth Service Provider gathering was held on April 30 and
those in attendance discussed opportunities for summer programs and activities for
youth, as well as how to reduce the barriers to participation. The suggestions
generated at the gathering will be forwarded to the Youth Initiative Collaborative to
identify action steps.
Planning Development
• The Green Kent Partnership hosted this year’s Earth Day celebration at Riverview
Park on April 21. Over 60 volunteers joined the effort to remove invasive
blackberries from newly planted cottonwoods along the Green River. Volunteers also
moved and spread over 25 yards of mulch. Coffee and hot cocoa for the event were
donated by Starbucks.
POLICE
Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
• Entry level Officer Mathew Fisher started on May 1.
• Entry level Corrections Officer Alex Ault-Booneel starts on May 16.
Significant crime activities/arrests/investigations
• On April 24, officers were dispatched to a robbery with a gun at 18111 E. Valley
Hwy. The gun appears to have accidently discharged in the business. A struggle
ensued with the suspect and victim employee. The suspect fled on a black
motorcycle.
• On April 25, officers were involved in a pursuit ending at S 260th and Pacific Hwy S.
The suspect vehicle struck mulitple other vehicles and then burst in to flames. A foot
chase ensued and with help from a citizen and DMPD the suspect was taken into
custody.
• On April 29, officers were dispatched to the Shell Station at 8815 S 180th St for an
alarm. Officers arrived to find that the front door had been smashed open and the
inside of the business had been ransacked. A manager arrived and it was discovered
that about 525 cartons of cigarettes from behind the counter had been taken.
• On May 2, a male being sentenced at City of Kent Municipal Court, when he fled out
of the courtroom. The subject was wanted for $80,000 in Kent warrants, and was
last seen fleeing west. Officers arrived in the area of 1st Ave S and S 259th St and
employees pointed through the warehouse, where the suspect was seen fleeing.
Employees were evacuated to an office space, K9 tracked and the suspect
surrendered without injury.
• On May 5, officers attempted a traffic stop on a gray Chevy Malibu for not having a
license plate and for possible DUI. The stop was attempted at 104th and SE 256th
St. The vehicle took off at speeds of about 80-90 MPH on eastbound S 248th
St. Officers terminated the pursuit due to the recklessness of the driver. Officers
later located the vehicle after it had crashed into a retention pond off of 109th Ave.
SE between S. 256th and S. 248th St. He was detained after a short foot pursuit and
found to have felony level drugs on his person. He was arrested for a warrant and
the drugs.
Events and awards
• On May 4, several officers joined Command Staff and the Mayor to attend the Peace
Officer’s Memorial Ceremony where Detective Focht was memorialized on the Wall at
the Ceremony.
• On May 4, Officer Strong attended Kent Elementary Cinco de Mayo carnival.
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PUBLIC WORKS
Design
• S 224th St Project 84th to 88th - Secured Right of Entry agreement to conduct
additional soil testing. Testing to begin when site conditions allow.
• S 224th St Project 88th to 94th – Working on securing remaining property rights and
environmental permits.
• S 228th St UPRR Grade Separation - Temporary rights from two properties remain –
moving toward condemnation for one parcel. Seeking Right-of-Way Certification
upon securing property rights and WSDOT approval for advertisement.
• East Valley Overlay - Received Right-of-Way Certification level 1 on May 3.
Coordinating with WSDOT for approval for advertisement.
• 2018 Residential Overlay - Apparent low bid by ICON Materials
• James Street Overlay, Central to Clark - Bid opening delayed. Second addendum to
go out Wednesday to include alternate bid option for full concrete section.
• S 212th St Bridge Deck Resurfacing – Postponing permanent repairs to pursue grant.
Design temporary repairs to be placed prior to the end of the year.
• Under Deck Lighting at James – developed conceptual design to begin coordination
process with WSDOT.
Environmental
• Signature Pointe Levee – An interlocal agreement with the Flood Control District to
complete an alternative analysis was approved by the Board of Supervisors on April
30. A project charter is being drafted.
• FEMA – Staff is coordinating large scale communication with property owners and
residents who may be affected by the preliminary Flood Insurance Rate Maps. The
90 day appeal period extends through July 15.
• Flood Control District – Technical Committee meeting is May 2, and the first Advisory
Committee meeting of the year is on May 9.
• Water Resource Inventory Area 9 (WRIA 9) – The Forum meets on Thursday, May 10
to discuss the 2019 budget and cost allocations as well as grant allocations for
2019. The Downey Farmstead Project is in line to receive additional grant funding.
Construction
• LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1):
o The closure of 88th Ave S between 93rd Pl S and 22401 88th Ave S will be in
place until the end of July, 2019.
o SR 167 Closures – During the week of June 25 crews will implement closures
on SR 167 nightly for the installation of bridge girders spanning the
roadway. Monday and Tuesday nights Southbound SR 167 will be fully closed
from 1 AM until 4:30 AM. Lane closures will begin at 10 PM. Wednesday and
Thursday nights Northbound SR 167 will be fully closed from 11:30 PM until
3:15 AM. Land closures will begin at 7 PM. Detour routes will be in place.
• 640 Pressure Zone PRV North: Work in the South zone is underway. The overall, the
project is approximately 75% complete.
• 2018 Traffic Sign Replacement: Installation of new posts and signs begins this week.
• Cambridge Reservoir Recoating and Fall Protection Improvements: Notice to Proceed
will be issued on Friday, June 1.
• 228th St Grade Separation: Potelco is currently trenching the eastern boundary of
UPRR right-of-way. Crews are shifting back to day work this week. S. 228th will be
closed nightly this week, except for local traffic, between 8 PM and 5 AM, Sunday
night to Thursday morning, between 6th Ave and 72nd Ave. Following the night
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work, PSE will be closing the Interurban Trail beginning Wednesday, May
9. The trail is expected to be reopened in early June.
• Development/Utility Projects
o Kent Medical Office Building – The contractor has received approval to
complete a water main connection in Smith St at State Ave. Work will be from
9 PM to 5 AM. This work has been rescheduled and will proceed on the night
of Monday, May 14.
o Sonic / Starbucks – Offsite work will begin in the Right of Way (ROW) on Kent
Kangley and SE 116th this week.
Land Survey and GIS
• Land Survey field staff continue design mapping for B & O projects, SE 260th
channelization and the Frager Road Wetland delineation and providing construction
support of the 228th St./UP Railroad grade separation project.
• City Land Surveyor providing project support with legal descriptions for the Signature
Point Levee and direct supervision of record of survey drafting for 72nd Ave.
Extension, SE 212th St. Overlay and the James St./Russell Rd. intersection
improvements.
• GIS section continues moving forward with the database reorganization for the
outward facing GIS server and is at 40% completion and on time for the August
2018 implementation.
• GIS staff is nearing completion of a basic Public Works GIS Training brown bag lunch
workshop outline scheduled to start at the end of June.
Transportation
• Staff is programing the Meeker Street underpass lights in preparation for the May 10
ribbon cutting ceremony.
• Transportation Master Plan (TMP) – The Requests for Proposals for the TMP modeling
work is being advertised this week. Proposal packages are due May 31.
• Kent Station Access Improvements – Staff is meeting with Sound Transit to discuss
the traffic analysis scoping for the second parking garage at Kent Station.
• Wire Theft Light Restoration – Staff restored street lighting due to wire theft along
74th Ave S and poured concrete borders around the junction boxes to deter future
wire theft.
Streets
• The Street Maintenance crews will install bollards at the South 277th Street Trail.
Crews will also be saw-cutting for removal and hot patch repairs on West Valley
Highway at 190th Street. The Signs and Markings crew will be repairing and
installing new signs on South 208th Street just west of 96th Avenue South.
Water
• Staff will be wrapping up the first Shops Inc. water main replacement project on
117th Place Southeast with water service installations and paving. Staff will then
move over to Clark Street, north of James Street, and begin installing 310ft of 8in
water main for our second Shops Inc. project.
• Water Quality staff will begin collecting samples for the Unregulated Contaminant
Monitoring Rule fourth edition (UCMR). The 1996 amendments to the Safe Drinking
Water Act (SDWA) require that once every five years, the US Environmental
Protection Agency (EPA) issue a new list of no more than 30 unregulated
contaminates to be monitored by public water systems. The UCMR provides EPA
with scientifically valid data on the occurrence of contaminates in drinking water and
is used for making regulatory decisions for contaminates in public drinking water
Page 9 of 9
supply. This round of UCMR will be looking for 10 cyanotoxins and 20 additional
contaminates that consist of metals, pesticides, disinfection byproducts, alcohols and
semi-volatile organic chemicals.
Utilities
• Storm Crews will be repairing a manhole on 113th Street at 208th Street.
• Sewer crews are beginning the ninety day cleaning and spray downs for pump
stations.
# # #
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 8A_
CONSENT CALENDAR
8. City Council Action:
Councilmember ________ moves,
Councilmember ________ seconds
to approve Consent Calendar Items A through F.
Discussion
Action
8A. Approval of Minutes.
Minutes of May 15, 2018, Workshop and Council Meeting – Approve
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Kent City Council Workshop May 1, 2018
Minutes Kent, Washington
Pending Approval
Page 1 of 2
Date: May 1, 2018
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Mayor Dana Ralph
Bill Boyce, Council President
Brenda Fincher, Councilmember - Absent
Satwinder Kaur, Councilmember
Dennis Higgins, Councilmember
Toni Troutner, Councilmember
Council President Boyce opened the meeting at 5:04 p.m.
Agenda:
2017 Year-End Financial Report
Aaron BeMiller, Finance Director, expressed his appreciation of his finance staff and
their work on the 2017 year-end report.
BeMiller highlighted the bond refunding, updates to the policies, the budget and CAFR
awards, investment holdings, Moody’s rating increase, and the debt manual. Details
of cash and investments by month and type, total annual debt service by debt type
and by fund were provided.
BeMiller reviewed the general fund revenue variance, general fund revenues by tax
type, general fund revenue comparison, general fund spending compared to percent
of budget spent, general fund spending by classification, general fund ending balance
fund, and other fund revenue and spending.
2017 was a strong year, the City is better set up for the fiscal cliff, results match city
budget philosophy, departments are doing a great job of staying within budget, and
that there is still work left to do for the 2019/2020 budget.
The council expressed their desire to inform the public of how well run the city’s
finance department is. Mayor Ralph provided a brief recap of the prior decisions made
by the Council that have helped put the city in a better position to tackle the fiscal
cliff.
2018 Street Repair Program
Tim LaPorte, Public Works Director, Dave Brock, Deputy Director Operations and
Maintenance Manager, and Bill Thomas, Street and Vegetation Manager gave the
2018 street repair program presentation.
Brock advised that much of the street repair work has been done by public works
staff. Brock reviewed the pavement condition index summary map and the pothole
repairs that have been done and are scheduled to be done by in house crews.
Kent City Council Workshop May 1, 2018
Minutes Kent, Washington
Pending Approval
Page 2 of 2
Thomas provided details regarding the 2018 City crews pavement repair work
focusing on residential areas.
Thomas provided details regarding 2018 in-house concrete repairs.
Brock provided details regarding contracted paving – capital projects. Council
expressed their concern over the combination of concrete and pavement work to be
done on lower James Street. Public Works staff will follow up with photos of similar
work and will bring information to the Public Works Committee. Public Works staff
will follow up with information regarding the maintenance of the James Street
planters.
Chad Bieren, Public Works Deputy Director, provided information regarding various
grant applications that are being submitted for road projects.
Brock reviewed contracted paving in residential areas.
LaPorte provided a review of Capital Improvement Projects and the impacts to
summer traffic.
Councilmembers expressed their appreciation of the work of all Public Works staff.
The meeting concluded at 6:09 p.m.
Kimberley A. Komoto
City Clerk
May 1, 2018
Kent City Council Regular Meeting May 1, 2018
Minutes Kent, Washington
Pending Approval
Page 1 of 7
Date: May 1, 2018
Time: 7 p.m.
Place: Council Chambers East/West
Attending: Mayor Dana Ralph
Bill Boyce, Council President
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Satwinder Kaur, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order
The meeting was called to order at 7:05 p.m. with Mayor Ralph presiding.
2. Roll Call
Mayor Ralph – Present
Council President Boyce - Present
Brenda Fincher, Councilmember – Present
Dennis Higgins, Councilmember - Present
Satwinder Kaur, Councilmember - Present
Les Thomas, Councilmember – Excused
Toni Troutner, Councilmember – Present
3. Changes to the Agenda
Council President Boyce added item 8H, an excused absence for Councilmember
Thomas.
Council President Boyce moved to approve the agenda as amended,
seconded by Councilmember Higgins. The motion passed unanimously with
a vote of 5-0.
4. Public Communications
A. Public Recognition
i. Proclamation for Affordable Housing Week
Mayor Ralph presented Jo Cherland from Catholic Community Services with
the proclamation for Affordable Housing Week. Cherland expressed her
appreciation of the City’s proclamation and provided goals of Catholic
Community Services.
ii. Proclamation for Hillside Paradise Parking Plots Community Garden
Day
Mayor Ralph presented Tahmina Martelly, from World Relief Seattle with the
proclamation for Hillside Paradise Parking Plots Community Garden Day.
Kent City Council Regular Meeting May 1, 2018
Minutes Kent, Washington
Pending Approval
Page 2 of 7
Martelly, Pastor Grantley Martelly, and a Burma refugee, expressed their
appreciation of the proclamation and provided details on the creation of the
garden and extended an invitation to the grand opening and fundraiser on
May 9, 2018, from 6 – 8 p.m. at the Hillside Church located at 930 E. James
Street.
iii. Proclamation for Kent Healthy Eating Month
Mayor Ralph presented Shamso Issak, along with members of Living Well
Kent, with the proclamation for Kent Healthy Eating Month. The members
expressed their appreciation of the proclamation and extended an invitation
to a celebration of the proclamation on May 12th at the Kent Commons from
11-2 p.m.
iv. Proclamation for Kent Rotary Day
Mayor Ralph presented Billy and Julie Shott, with the proclamation for Kent
Rotary Day. Julie and Billy Shott expressed their appreciation of the
proclamation and extended an invitation to attend and be a part of the Kent
Rotary.
v. Employee of the Month of May
Mayor Ralph recognized Tammy White as the City’s May employee of the
month. Pat Fitzpatrick provided a brief history of Tammy’s employment at
the City and conveyed his appreciation of Tammy’s work. Tammy expressed
her appreciation of the award.
B. Community Events
Council President Boyce provided information regarding upcoming events at the
accesso ShoWare Center. Visit accessoShoWareCenter.com for additional details.
Councilmember Kaur advised of the Kent Rotary Annual Dinner Auction that will be
held on May 5th at the Green River College Lindbloom student Union in Auburn from
5 – 9 p.m.
Councilmember Kaur also advised of the Greater Kent Historical Society’s plant and
book sale on May 12th from 11 a.m. – 2 p.m.
Councilmember Higgins encouraged the public to join the Kiwanis Club of Kent Crab
Feed on May 19th at the Kent Senior Center. There will be two seatings at 5 p.m. and
6:30 p.m.
Councilmember Troutner advised that the Kent Downtown Partnership is hosting their
Team up to Clean Up on May 12th from 8 – noon.
5. Reports from Council and Staff
Mayor Ralph
Kent City Council Regular Meeting May 1, 2018
Minutes Kent, Washington
Pending Approval
Page 3 of 7
Mayor Ralph attended the Kent Little League opening day and successfully threw the
first pitch.
Mayor Ralph attended a meeting with Pacific Metallurgical, a Kent company that
strengthens metal and has been nominated as Small Manufacturer of the Year.
Mayor Ralph attended the Transportation Policy Board and the Puget Sound Regional
Council Executive Board. Work continues the Transportation Plan Update. Ralph
indicated the additional language that was requested to support park-n-rides was
included.
Mayor Ralph visited Sunrise Elementary students last week, an attended the CERT
training graduation last weekend, and participated in the Kent Meridian High School
multicultural assembly celebrating diversity in Kent.
Mayor Ralph advised that the next budget roadshow is scheduled for May 17th.
Mayor Ralph advised that the Chief Administrative Officer’s report is in the packet.
Mayor Ralph provided comments regarding her recent State of the City address.
Council President Boyce
Council President Boyce provided a recap of today’s Operations Committee meeting.
Boyce advised that the State Auditor on site performing an audit of City’s finances.
Boyce provided a brief recap of tonight’s City Council workshop regarding 2017 year-
end financial report and 2018 street repair program.
Boyce serves on the Sound Cities Association’s Public Issues Committee. No report
Councilmember Kaur
Councilmember Kaur serves on the Sound Cities Association Puget Sound Clean Air
Agency Advisory Council. No report.
Councilmember Kaur serves on the Sound Cities Association Growth Management
Planning Council. No report.
Councilmember Higgins
Councilmember Higgins is the Chair of the Public Works Committee. No report.
Higgins serves as an alternate on the Regional Transit Committee. The topic of the
last meeting included a discussion on the One Center City initiative with the City of
Seattle.
Councilmember Troutner
Kent City Council Regular Meeting May 1, 2018
Minutes Kent, Washington
Pending Approval
Page 4 of 7
Councilmember Troutner serves on the Sound Cities Association Regional Law, Safety
and Justice Committee. No report.
Troutner is the chair of the Public Safety Committee. No report.
Troutner serves on the Puget Sound Regional Fire Authority Governance Board.
During the last meeting Kent Police Officers James Sherwood and Daniel Ross
received life-saving awards for saving a resident.
Councilmember Fincher
Councilmember Fincher serves on the Sound Cities Association Mental Health and
Drug Dependency Oversight Committee. The committee authorized a budget
adjustment to receive additional funding from King County Council and Discussed
safe harbors and how to get more beds for opioid addiction. Community-driven grants
were discussed in addition to the physical and behavior healthcare integration
program.
Fincher serves on the Sound Cities Association King Conservation District Advisory
Committee. Fincher serves on the Urban and Rural Forestry committee that is looking
at who they are serving, how they are serving, and evaluating if they are the best
people to provide services.
Fincher is the chair of the Parks and Human Services Committee. During the last
meeting the committee heard a presentation regarding the Parks, Planning and
Development department. Fincher advised that Camp W.A.L.K.A.P.A.L.A. participants
will get to experience the Science Technology Engineering Arts, and Mathematics
(STEAM) initiative.
Fincher is the Council’s Liaison to Arts Commission and advised that the acts for the
2018-2019 Spotlight Series have been booked and that the Kent Creates “Light up
the Dark” contest winners are posted on the City’s website.
6. Public Hearing
None
7. Public Comment
Andy Hough, a Kent resident, expressed his concerns over the City’s recent request
for tax increases and suggesting allowing retail marijuana sales in the City.
Karen Minahan, a Kent resident, asked questions regarding the Marquee on Meeker
project.
Todd Minor, a Kent resident, expressed his support of Proposition A. Minor suggested
changing the method the message is conveyed to the voters on any future
propositions. Minor wants the City to be creative on how funds are raised to support
additional officers and encourages communications via social media outlets.
Kent City Council Regular Meeting May 1, 2018
Minutes Kent, Washington
Pending Approval
Page 5 of 7
8. Consent Calendar
Council President Boyce moved to approve the Consent Calendar Items A
through H, seconded by Councilmember Kaur.
The motion passed unanimously with a 5-0 vote.
A. Minutes of April 17, 2018 Workshop and Council Meeting, and April
24, 2018 Special Meeting – Approve
Minutes of the April 17, 2018 Workshop and Council meetings and April 24, 2018
Special meeting were approved.
B. Payment of Bills – Approve
Bills received through March 31, 2018 and paid on March 31, 2018 were approved.
The Operations Committee audited the payment of bills on April 17, 2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
03/31/18 Wire Transfers 7460 - 7474 $2,189,004.57
03/31/18 Regular Checks 722950 - 723404 $5,171,158.57
03/31/18 Payment Plus 100818 - 100832 $42,338.04
Void Checks
03/31/18 Use Tax Payable $2,793.70
$7,405,294.88
Approval of checks issued for payroll for March 15, 2018 through March 31,
2018 and paid on April 5, 2018:
Date Check Numbers Amount
4/5/2018 Checks 0
Voids and Reissues
4/5/2018 Advices 405772 - 406667 $1,720,159.31
$1,720,159.31
C. Hyas Group Investment Consultant Services Agreement – Authorize
The Mayor was authorized to sign a Consultant Services Agreement with the Hyas
Group for Investment Consulting Services for the 457 Deferred Compensation Plan
for three years, subject to approval of final terms and conditions by the Human
Resources Director and the City Attorney.
D. Resolution for Grant Application to the Recreation and Conservation
Office for Drainage Improvements at Service Club Ball Field Park – Adopt
Resolution No. 1966 was adopted, authorizing the submittal of grant application #18-
1527 to the Recreation and Conservation Office, to assist in funding drainage
improvements at Service Club Ballfields Park.
Kent City Council Regular Meeting May 1, 2018
Minutes Kent, Washington
Pending Approval
Page 6 of 7
E. Parks and Recreation Commission Ordinance – Adopt
Ordinance No. 4275 was adopted, amending Section 2.60.020 of the Kent City Code
to reduce the membership of the Parks and Recreation Commission from 16 to 12
members, providing for only one youth representative position, and creating an
alternate position on the Commission.
F. Human Services Commission Ordinance – Adopt
Ordinance No. 4276 was adopted, amending Section 2.53.040 of the Kent City Code
to create an alternate position on the Human Services Commission.
G. Right-of-Way Dedication for South 224th Street Project – Authorize
The Mayor was authorized to sign a deed dedicating right-of-way along South 218th
Street for the South 224th Street Improvement Project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
H. Excused Absence for Councilmember Thomas - Approve
Council approved an excused absence for Councilmember Thomas for the May 1,
2018 Council meeting.
9. Other Business
None
10. Bids
A. 2018 Asphalt Overlays Project – Award
Tim LaPorte, Public Works Director, provided a brief overview of the 2018 asphalt
overlays project.
Councilmember Higgins moved to award the 2018 Asphalt Overlays Project
to ICON Materials in the amount of $1,754,376.00 and authorized the Mayor
to sign all necessary documents, subject to final terms and con ditions
acceptable to the City Attorney and Public Works Director. Seconded by
Councilmember Fincher, motion passed 5-0.
B. 2018 Asphalt Grinding Project – Award
Tim LaPorte, Public Works Director, provided a brief overview of the 2018 asphalt
grinding project.
Councilmember Higgins moved to award the 2018 Asphalt Grinding Project
to Statewide Parking Lot Services, Inc., in the amount of $70,950.00 and
authorize the Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
Seconded by Councilmember Troutner, motion passed 5-0.
11. Executive Session and Action after Executive Session
None
Kent City Council Regular Meeting May 1, 2018
Minutes Kent, Washington
Pending Approval
Page 7 of 7
12. Adjournment
Mayor Ralph adjourned the meeting at 8:09 p.m.
Kimberley A. Komoto
City Clerk
May 1, 2018
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Agenda Item: Consent Calendar – 8B_
8B. Approval of Bills:
Approval of payment of the bills received through April 15, 2018 and paid on
April 15, 2018. The Operations Committee audited the payment of bills on May
1, 2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
04/15/18 Wire Transfers 7475 - 7491 $2,220,334.49
04/15/18 Regular Checks 723405 - 723728 $584,311.76
04/15/18 Payment Plus 100833 - 100850 $102,018.98
Void Checks
04/15/18 Use Tax Payable $4,247.32
$2,910,912.55
Approval of checks issued for payroll for April 1, 2018 through April 15, 2018 and
paid on April 20, 2018:
Date Check Numbers Amount
4/20/2018 Checks 0
Voids and Reissues
4/20/2018 Advices 406668 - 407598 $1,769,191.90
$1,769,191.90
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Agenda Item: Consent Calendar – 8C_
TO: City Council
DATE: May 15, 2018
SUBJECT: Excused Absence for Councilmember Thomas - Approve
SUMMARY: Councilmember Thomas has requested an excused absence for the
meeting of May 15, 2018.
MOTION: Approve an excused absence for Councilmember Thomas.
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Agenda Item: Consent Calendar – 8D_
TO: City Council
DATE: May 15, 2018
SUBJECT: School Zone Traffic Safety Camera Program Fund Expenditures –
Approve
SUMMARY: The Police Department intends to implement a car-per-officer program.
This program will help with the recruitment and retention of staff. We are in a highly
competitive job market where the applicant pool for qualified police officers is
incredibly small and shrinking. Many law enforcement agencies are looking to fill
vacancies. Attractive working conditions, incentives and benefits such as car per
officer programs are vital to keeping our department competitive. The current state of
police hiring is such that car per officer programs are becoming the industry standard.
Funds from the School Zone Traffic Safety Camera program will provide the capital
investment to purchase the vehicles for this program. The department intends to
complete outfitting of the fleet over a three-year period of time. Once the vehicles are
purchased, they are expected to last considerably longer than the fleet pool program
that we currently use.
A study has been conducted by the police department, city fleet services and the
finance department. Once the capital cost of the program has been made out of this
fund, it is believed that the car per officer program will be net neutral or possibly even
save money for the general fund as compared to our current pool car system.
The car per officer program will also provide for additional space in the police
headquarters building. Locker rooms will no longer be needed and can be repurposed
as additional work space area. Additional parking will also be available around city
hall as a benefit.
If authorized, the department’s ability to rapidly respond to critical incidents such as
active shooters, acts of terrorism and natural disasters would be significantly
improved.
Kent City Code section 9.36.140(F) requires that funds derived from the use of the
traffic safety cameras be used to first cover the costs of administering the program,
with excess funds to be used for criminal justice-related purposes. The current
unbudgeted and available balance of the fund is $876,000, and the Kent Police
Department seeks approval to use $868,000 of unbudgeted funds to cover the cost of
purchasing the initial 14 take home cars.
MOTION: Approve the expenditure of $868,000 from the School Zone
Traffic Safety Camera Fund, amend the budget, and authorize the Mayor to
sign all documents necessary to purchase 14 police vehicles in order to
initiate a car-per-officer program, subject to final terms acceptable to the
Police Chief and City Attorney.
EXHIBITS: Car Per Officer Program Cost Executive Summary
RECOMMENDED BY: Operations Committee
YEA: Boyce, Troutner NAY:
BUDGET IMPACT: Expenditure of $868,000 to come from the School Zone Traffic
Safety Camera Fund.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service,
leveraging technologies, and fostering new opportunities and industries that benefit our community.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic
growth, and community partnerships.
Car Per Officer Program Cost Executive Summary
Estimated additional cost per year for commute (less capital) $168,000
MMO per vehicle reduced to $3700/year
Reserve per vehicle reduced to $8800/year
There will be cost savings in lower maintenance required, less services required per vehicle, lower
reserve per year based on longer life cycle, less fuel consumption, less collision damage that
compensate for commute costs.
Cost Comparison:
There will be an initial cost increase with capital expense but program will have cost savings over time:
Currently we have 41 vehicles that cost $21,500 per year (operation/maintenance/replacement reserve)
Completed program (estimated at 3 years) would have 70 vehicles that cost $12,500 per year
(operation/maintenance/replacement reserve)
41 vehicles @ $21.5k= $881,500
70 vehicles @ $12.5K= $875,000
Start up:
1st Year 14 additional vehicles purchased at $62,000 each=$868,000
Reserve cost for 14 additional vehicles is $124,000
Operating cost for 14 additional vehicles is $51,800
Total Start Up Cost For First Year= $1,043,800
0
1
2
3
4
5
Year 1 Year 2 Year 3 Year 4
Current
New
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Agenda Item: Consent Calendar – 8E_
TO: City Council
DATE: May 15, 2018
SUBJECT: CORE Networking Routing Contract for Technical Hardware Upgrade –
Authorize
SUMMARY: The City has entered into an agreement with the state Department of
Enterprise Services (“DES”), which allows the City to purchase through contracts the
state publicly bids and enters with various vendors. The state has, in turn, entered
into an agreement with a national purchasing cooperative, the NASPO Cooperative
Purchasing Organization, LLC, which is a non-profit subsidiary of the National
Association of State Procurement Officials (“NASPO”). NASPO provides states, local
governments, public educational entities and other agencies with purchasing power
that allows them to leverage their spending through a single solicitation that obtains
best value pricing and superior contract terms than the agencies could do on their
own. Purchasing goods and services through a public purchasing cooperative satisfies
the competitive bid requirements established by Council under KCC 3.70.110(F).
One contract that NASPO has entered into, and which the state DES has elected to
participate in, is a contract with Cisco Systems, Inc. (“Cisco”). This contract is
currently in effect through May 31, 2019. However, the contract allows for extensions
of that term should NASPO, and ultimately DES, consent to that extension. Should the
City purchase through Cisco under these contracts, the terms and conditions of the
contract to which the state DES has agreed will control, and a copy of that complete
contract is attached.
Cisco provides intent-based networking hardware and software that include advanced
analytics, application optimization, automated provisioning, and integrated security to
deliver a complete, proven solution. On March 1, 2018, while staff was working to
prepare this matter for review and consideration by Council, core network routers
failed, which created an emergency need to order replacement core network routers.
As authorized under KCC 3.70.110(B), the Mayor issued a written finding declaring the
existence of the emergency, which authorized staff to immediately order core network
routers. This order was placed on March 8, 2018, under the state DES contract, in a
total amount of $255,211.28. This order is expected to arrive on May 8, 2018.
Although Council ratification of that order is not required due to the emergency that
occurred, staff would like Council to authorize the continued purchase of future
hardware and software through Cisco under the state DES contract throughout the
MOTION: Authorize the Mayor to purchase technology equipment through
the cooperative purchasing agreement that the State Department of
Enterprise Services has with Cisco Systems, Inc., if those purchases are
within the City’s established budgets and made during the term of the
State contract, which is current through March 31, 2019, and any later
contract extensions the State may authorize, subject to final terms and
conditions acceptable to the Information Technology Director and City
Attorney.
term of that contract, so long as those future purchases are within budgets previously
established by Council and made during the term of the state DES contract with Cisco.
EXHIBITS:
A. Product Matrix
B. Washington State DES Master Agreement
C. Washington NASPO Valuepoint Contract
D. Presidio Quote
E. Presidio-CISCO-Core Infrastructure Upgrade-PO144186 Signed
RECOMMENDED BY: Operations Committee
YEA: Boyce - Troutner NAY:
BUDGET IMPACT: Expenditures:
Item Price
Location 1 Hardware and Licensing $118,336.18
Location 2 Hardware and Licensing $87,481.18
Location 3 Hardware $26, 145.00
Subtotal $231,962.36
Shipping $47.89
Tax $23,201.03
Total $255,211.28
STRATEGIC PLAN GOAL(S):
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic
growth, and community partnerships.
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service,
leveraging technologies, and fostering new opportunities and industries that benefit our community.
Product Matrix
Cisco HPE Huawei Juniper
Investment Protection with Custom
Silicon
Fully Capable:
Cisco custom silicon helps ensure
enterprise feature robustness,
platform longevity, and investment
protection.
Limited:
Multiple vendor acquisition history
makes the product lines
inconsistent, with short life spans.
A majority of switching platforms
are merchant siliconbased with
limited flexibility.
Limited:
Huawei ENP lags in terms of
capability when compared with
the Cisco UADP. Huawei is missing
high-speed stacking interface, lacks
performance and
flexibility, lacks packetprocessing
flexibility, and is short on full
visibility of data flows.
Not Available
Digital Network Architecture Fully Capable:
Cisco DNA is an open and
extensible software-based
architecture that accelerates and
optimizes enterprise network
operations.
Not Available Not Available Not Available
Multigigabit Technology Fully Capable:
Cisco Catalyst Multigigabit
Technology can prepare customers’
access networks for
future innovations by delivering
speeds of 1G, 2.5G, and 5G on
existing Category 5e/6 cables.
Limited:
HPE offers equivalent multigigabit
technology, with SmartRate limited
to a couple of product
platforms and a limited number of
ports.
Limited:
Multigigabit up to 2.5G only in
some switch models.
Not Available
Application Visibility and Control Fully Capable:
Cisco Access switches can insp
traffic and application flows to
enforce network access policy
and protect again attacks with
Cisco Flexible NetFlow, DNS-AS,
NBAR,and Cisco Prime
Infrastructure
Limited:
HPE switching platforms are limited
to simple, basic traffic
classifications and policy
enforcement with ACL. These
platforms are also limited by their
lack of memory capacity in access
switching.
Limited:
Limited SLA monitoring with
Huawei iPCA.
Not Available
Converged Infrastructure:
Consistent Automation Across
WAN, WLAN and Wired Networks
Fully Capable:
Use Cisco Prime Infrastructure to
centrally provision WAN path
selection with IWAN and security,
encryption, app visibility, and
control with APIC-EM and Cisco
TrustSec.
Limited:
HPE uses SDN controllers and
AirWave for automated
deployment of infrastructure of
Aruba switches only. For a single
pane of glass, HPE uses IMC for the
original HPE switches but does not
support AirWave.
Limited:
Huawei’s SVF does not provide true
network convergence.
Not Available
Monitoring by Endpoint Type Fully Capable:
Cisco can use analytics to monitor
behavior with Stealthwatch and
NetFlow, and classify traffic on the
edge and inside the network with
TrustSec.
Limited:
Aruba offers very limited
functionality. Tunneled Node is
offered as a catch-all solution that
cannot scale.
Limited:
iPCA is offered as an option but
provides limited platform support
and visibility.
Not Available
Support New Capabilities Without
Major Upgrades
Fully Capable:
Through the integration of custom
ASICs, UADP, and access point
modularity, Cisco offers support for
new innovations.
Limited:
No support for modular APs.
Switching platforms use a custom
ASIC with limited extensibility.
Limited:
No current support for modular
access points that support
locationbased analytics and
beacons/BLE.
Not Available
Improve Experience for Apple
Users
Fully Capable:
Cisco and Apple
have joined efforts
to provide better
user experiences for
Apple device users
connected to a Cisco
network.
Limited:
Functionality can only be
supported through manual QoS
prioritization and Wi-Fi standards.
Limited:
Functionality can be supported
only through manual QoS
prioritization.
Not Available
High Availability Fully Capable:
Cisco switches offer innovative
ISSU features and hot standby N+1
redundancy in stacks
Not Available Limited:
Huawei claims ISSU on
some of its switches.
Not Available
Product Matrix
Consistent Application
Performance Across the Network
Fully Capable:
Through bestpractices, the
EasyQoS application provides
customers with a simplified
method of delivering end-to-end
QoS.
Not Available Not Available Not Available
Detect and Set Features to New
Devices
Fully Capable:
Through Cisco Auto Smartports,
devices are dynamically
detected and ports are configured
based on the device type detected
on the port.
Limited:
HPE can detect and set
characteristics on an AP attaching
to an HPE switch, but cannot
detect other types of devices.
Not Available Not Available
Power Resiliency for IOT and Other
Devices
Fully Capable:
Cisco offers Persistent PoE and Fast
PoE and Universal PoE while
providing multiplelevel redundancy
through StackPower.
Limited:
HPE offers basic PoE/PoE+ (30W)
support, and supplies 1:1 power
redundancy via dual power
supplies supported in a limited
number of switches.
Limited:
Huawei supports PoE and PoE+
PoH (95W) on a single S5700
platform. Power redundancy is 1:1
PoH (power over HDMI) (95W) on a
single S5700 platform.
Not Available
Integrated Security Fully Capable:
Cisco switches offer advanced
security features like Cisco
Encrypted Traffic Analytics (ETA),
TrustSec, Network as a Sensor
(NaaS), Network as an Enforcer
(NaaE), mDNS Gateway, and 256-
bit MACsec.
Not Available Not Available Not Available
Threat Detection Fully Capable:
Eliminate threats across the
network with Cisco’s effective
security solutions. Products include
Encrypted Traffic
Analytics (ETA), Stealthwatch,
TrustSec, Identity Services Engine,
and Rapid Threat Containment.
Limited:
HPE offers sFlow, ClearPass, and
Tunneled Node to support security
across wired and wireless.
Not Available Not Available
Intent-Based Networking for
Availability, Agility and Policy
Segmentation
Fully Capable:
Centralize and automate network
design, policy, and provisioning of
all wired and wireless networks
with Cisco DNA Center.
Limited:
Aruba Tunneled Node is offered as
a catchall solution, but it cannot
scale.
Not Available Not Available
This page intentionally left blank.
2003218800199-04QUOTE:
02/27/2018DATE:
PAGE:1 of 4
FROM:Presidio Networked Solutions Group, LLC
Sokha Hay
10655 NE 4th Street
Suite 212
Bellevue, WA 98004
shay@presidio.com
(p) 425.468.8920
TO:City of Kent, WA
James Endicott
220 Fourth Avenue South
KENT, WA 98032
JEndicott@kentwa.gov
(p) 253-856-4620
SHIP TO:City of Kent
James Endicott
220 4th Avenue South
Kent, WA 98032
JEndicott@kentwa.gov
(p) 253-856-4620
BILL TO:City of Kent, WA
Accounts Payable
220 4th Avenue South
KENT, WA 98032
AP@kentwa.gov
(p) .
Peter Alpiger
Sokha Hay
Title:
Inside Sales Rep:
Account Manager:
Core Replacement
Contract Vehicle:Washington NASPO ValuePoint Cisco AR233 (14-19)
WA #01114
Customer#:CITYO594
Comments:Pricing shown here is valid for 60 days from the date shown on the quote.
#Part #Description Unit Price Ext PriceQty
Location 1
C9410R
1 C9410R Cisco Catalyst 9400 Series 10 slot chassis 1 $4,080.00$4,080.00
2 C9400-NW-A Cisco Catalyst 9400 Network Advantage License 2 $0.00$0.00
3 C9400-S-BLANK Cisco Catalyst 9400 Series Slot Blank Cover 4 $0.00$0.00
4 C9400-PWR-BLANK Cisco Catalyst 9400 Series Power Supply Blank Cover 6 $0.00$0.00
5 S9400UK9-166 Cisco Catalyst 9400 XE 16.6 Universal image 1 $0.00$0.00
6 C9400-PWR-3200AC Cisco Catalyst 9400 Series 3200W AC Power Supply 2 $2,040.00$1,020.00
7 CAB-C19-CBN Cabinet Jumper Power Cord, 250 VAC 16A, C20-C19 Connectors 2 $0.00$0.00
8 CAB-CON-C9K-RJ45 Console Cable 6ft with RJ-45-to-RJ-45 1 $0.00$0.00
9 C1A1TCAT94001 Cisco ONE Advantage Term, C9400 1 $0.00$0.00
10 C1A1TCAT94001-3Y C1 Advantage Term C9400 3Y - DNA, 100 ISE PLS, 100 SWATCH 1 $8,160.00$8,160.00
11 C1-C9400-DNAA-T Cisco ONE C9400 DNA Advantage Term licenses 1 $0.00$0.00
12 C1-C9400-TRK-3Y Cisco ONE Term SKU 3Y 1 $0.00$0.00
13 C1-SWATCH-T Cisco ONE StealthWatch License Term - 1 Flow License 100 $0.00$0.00
14 C1-SWATCH-TRK-3Y Cisco ONE Subscription SWATCH SKU 3Y 100 $0.00$0.00
15 C1-ISE-PLS-T Cisco ONE ISE PLUS License Term 100 $0.00$0.00
16 C1-ISE-PLS-TRK-3Y Cisco ONE Subscription SKU ISE Plus 3Y 100 $0.00$0.00
2003218800199-04QUOTE:
02/27/2018DATE:
PAGE:2 of 4
17 C1-ISE-BASE-T Cisco ONE ISE BASE License Term 100 $0.00$0.00
18 C1-ISE-BASE-TRK-3Y Cisco ONE Subscription ISE BASE 3Y 100 $0.00$0.00
19 C9400-SUP-1XL Cisco Catalyst 9400 Series Supervisor 1XL Module 1 $9,690.00$9,690.00
20 C9400-SUP-1XL/2 Cisco Catalyst 9400 Series Redundant Supervisor 1XL Module 1 $9,690.00$9,690.00
21 C9400-LC-48T Cisco Catalyst 9400 Series 48-Port 10/100/1000 (RJ-45)1 $3,570.00$3,570.00
22 C9400-LC-48T Cisco Catalyst 9400 Series 48-Port 10/100/1000 (RJ-45)1 $3,570.00$3,570.00
23 C9400-LC-24XS Cisco Catalyst 9400 Series 24-Port 10 Gigabit Ethernet(SFP+)1 $12,240.00$12,240.00
24 C9400-LC-24XS Cisco Catalyst 9400 Series 24-Port 10 Gigabit Ethernet(SFP+)1 $12,240.00$12,240.00
25 CON-SNTP-C9410R SNTC-24X7X4 Cisco Catalyst 9400 1
for 36 mo(s)
$15,148.68$15,148.68
$80,428.68Total:
SFP-10G-LR=
26 SFP-10G-LR=10GBASE-LR SFP Module 13 $25,967.50$1,997.50
$25,967.50Total:
SFP-10G-SR=
27 SFP-10G-SR=10GBASE-SR SFP Module 24 $11,940.00$497.50
$11,940.00Total:
$118,336.18Total (Location 1):
Location 2
C9410R
28 C9410R Cisco Catalyst 9400 Series 10 slot chassis 1 $4,080.00$4,080.00
29 C9400-NW-A Cisco Catalyst 9400 Network Advantage License 2 $0.00$0.00
30 C9400-S-BLANK Cisco Catalyst 9400 Series Slot Blank Cover 3 $0.00$0.00
31 C9400-PWR-BLANK Cisco Catalyst 9400 Series Power Supply Blank Cover 6 $0.00$0.00
32 S9400UK9-166 Cisco Catalyst 9400 XE 16.6 Universal image 1 $0.00$0.00
33 C9400-PWR-3200AC Cisco Catalyst 9400 Series 3200W AC Power Supply 2 $2,040.00$1,020.00
34 CAB-C19-CBN Cabinet Jumper Power Cord, 250 VAC 16A, C20-C19 Connectors 2 $0.00$0.00
35 CAB-CON-C9K-RJ45 Console Cable 6ft with RJ-45-to-RJ-45 1 $0.00$0.00
36 C1A1TCAT94001 Cisco ONE Advantage Term, C9400 1 $0.00$0.00
37 C1A1TCAT94001-3Y C1 Advantage Term C9400 3Y - DNA, 100 ISE PLS, 100 SWATCH 1 $8,160.00$8,160.00
38 C1-C9400-DNAA-T Cisco ONE C9400 DNA Advantage Term licenses 1 $0.00$0.00
39 C1-C9400-TRK-3Y Cisco ONE Term SKU 3Y 1 $0.00$0.00
40 C1-SWATCH-T Cisco ONE StealthWatch License Term - 1 Flow License 100 $0.00$0.00
41 C1-SWATCH-TRK-3Y Cisco ONE Subscription SWATCH SKU 3Y 100 $0.00$0.00
42 C1-ISE-PLS-T Cisco ONE ISE PLUS License Term 100 $0.00$0.00
2003218800199-04QUOTE:
02/27/2018DATE:
PAGE:3 of 4
43 C1-ISE-PLS-TRK-3Y Cisco ONE Subscription SKU ISE Plus 3Y 100 $0.00$0.00
44 C1-ISE-BASE-T Cisco ONE ISE BASE License Term 100 $0.00$0.00
45 C1-ISE-BASE-TRK-3Y Cisco ONE Subscription ISE BASE 3Y 100 $0.00$0.00
46 C9400-SUP-1XL Cisco Catalyst 9400 Series Supervisor 1XL Module 1 $9,690.00$9,690.00
47 C9400-SUP-1XL/2 Cisco Catalyst 9400 Series Redundant Supervisor 1XL Module 1 $9,690.00$9,690.00
48 C9400-LC-48T Cisco Catalyst 9400 Series 48-Port 10/100/1000 (RJ-45)1 $3,570.00$3,570.00
49 C9400-LC-48T Cisco Catalyst 9400 Series 48-Port 10/100/1000 (RJ-45)1 $3,570.00$3,570.00
50 C9400-LC-24XS Cisco Catalyst 9400 Series 24-Port 10 Gigabit Ethernet(SFP+)1 $12,240.00$12,240.00
51 C9400-LC-24XS Cisco Catalyst 9400 Series 24-Port 10 Gigabit Ethernet(SFP+)1 $12,240.00$12,240.00
52 C9400-LC-48T Cisco Catalyst 9400 Series 48-Port 10/100/1000 (RJ-45)1 $3,570.00$3,570.00
53 CON-SNTP-C9410R SNTC-24X7X4 Cisco Catalyst 9400 1
for 36 mo(s)
$15,148.68$15,148.68
$83,998.68Total:
SFP-10G-SR=
54 SFP-10G-SR=10GBASE-SR SFP Module 7 $3,482.50$497.50
$3,482.50Total:
$87,481.18Total (Location 2):
Location 3
WS-X4712-SFP+E=
55 WS-X4712-SFP+E=Catalyst 4500 E-Series 12-Port 10GbE (SFP+)1 $14,172.50$14,172.50
56 SFP-10G-SR 10GBASE-SR SFP Module 7 $3,482.50$497.50
57 SFP-10G-LR 10GBASE-LR SFP Module 4 $7,990.00$1,997.50
$25,645.00Total:
GLC-SX-MMD=
58 GLC-SX-MMD=1000BASE-SX SFP transceiver module, MMF, 850nm, DOM 2 $500.00$250.00
$500.00Total:
$26,145.00Total (Location 3):
Sub Total:$231,962.36
$47.89Shipping:
Estimated Tax:$23,201.03*** Any Tax & Freight Charges will be added/amended at time of billing, as applicable. Sales tax and shipping are estimated and
subject to change.
Grand Total:$255,211.28
2003218800199-04QUOTE:
02/27/2018DATE:
PAGE:4 of 4
This quote is governed by Terms and Conditions of NAPSO ValuePoint Cisco Contract AR233 (14-19) Washington Contract #01114
Standard-Terms-for-Purchase-of-Services or Goods
Quote valid for 30 days from date shown above.
Prices may NOT include all applicable taxes and shipping charges
All prices subject to change without notice. Supply subject to availability.
Purchase Order should be issued to:
Presidio Networked Solutions Group, LLC
1955 Lakeway Drive, Suite 220
Lewisville, TX 75057
Pursuant to this contract your PO must reflect the following contract #:
NASPO ValuePoint Cisco/IronPort Contract AR233 (14-19) Washington Contract #01114
Tax ID# 58-1667655; Size Business: Large; CAGE Code: OKDO5; DUNS#15-405-0959; CEC 15-506005G
Credit: Net 30 days (all credit terms subject to prior Presidio credit department approval)
Delivery: FOB Terms Dictated by individual PO details.
Customer hereby authorizes and agrees to make timely payment for products delivered and services
rendered, including payments for partial shipments
Customer Signature Date
Gity of Kent Purchase Order
Order number must appear on all invoices, packages, etc.
This document is hereby deemed a valid purchase order and authorizes the procurement
of the materials and/or services indicated. Please let us know immediately if you are unableto ship the complete order.
Ship to: City of Kent
lnformation Technology
400 West Gowe Street
Suite 122
Kent, WA 98032
Bill to: City of Kent
Accounts Payable
220 4lh Avenue South
Kent, WA 98032
Phone: (253) 856-5230
Order #: 144186 OP
Order Date: 31812018
Ordered By: MarthaF Gonzalez
Info Tech-Tech Services
Vendor: 800752
Presidio Networked Solutions Group, LLC
PO Box 677638
Dallas, TX 75267-7638
KENT
!^,As.ttNGTa\
TotalCost
4,488.00
2,244.00
8,976.00
10,659.00
10,659.00
3,927.00
3,927.00
13,464.00
13,464.00
16,663.55
28,564.25
13,134.00
4,488.00
2,244.00
8,976.00
10,659.00
10,659.00
3,927.00
3,927.00
13,464.00
13,464.00
3,927.00
16,663.55
Sales Tax
408.00
204.00
816.00
969.00
969.00
357.00
357.00
1,224.00
1,224.00
1,514.87
2,596.75
't ,1 94.00
408.00
204.00
816.00
969.00
969.00
357.00
357.00
1,224.00
1,224.00
357.00
1,514.87
Ext. Cost
4,080.00
2,040.00
8,160.00
9,690.00
9,690.00
3,570.00
3,570.00
12,240.00
12,240.00
15,148.68
25,967.50
11,940.00
4,080.00
2,040.00
8,160.00
9,690.00
9,690.00
3,570.00
3,570.00
12,240.00
12,240.O0
3,570.00
15,148.68
Unit Gost
4,080.00
1,020.00
8,160.00
9,690.00
9,690.00
3,570.00
3,570.00
12,240.00
12,240.O0
15,148.68
1,997.50
497.50
4,080.00
1,020.00
8,160.00
9,690.00
9,690.00
3,570.00
3,570.00
12,240.O0
12,240.00
3,570.00
15,148.68
Quantity
1
2
1
1
1
1
1
1
1
1
13
24
1
2
1
1
1
1
1
1
1
1
I
Description
Cisco Cataylst 9400 | Series 10 Slot Chassis Loc 1
Cisco Cataylst 9400 Series | 3200W AC power Supply
C1 Advantage Term C9400 3Y I DNA,100 ISE pLS, 100 Swatch
Cisco Cataylst 9400 Series I Supervisor 1XL Module
Cisco Cataylst 9400 Series I Supervisor Redund 1XL Module
Cisco Cataylst 9400 Series | 48-Port 10/100/1000(RJ-45)
Cisco Cataylst 9400 Series | 4S-Port 10/100/1000(RJ-45)
Cisco Cataylst 9400 Series 124-Port 10 Gigabit Eth (SFp+)
Cisco Cataylst 9400 Series | 24-Port 1 0 Gigabit Eth (SFp+)
SNTC-24X7X4 Cisco I Catalyst 9400 for 36 mo(s)
l0GBASE-LR I SFP Module
lOGBASE-SR ISFP Module
Cisco Cataylst 9400 Series | 10 Slot Chassis- Loc 2
Cisco Cataylst 9400 Series | 3200W AC Power Supply
Cl Advantage Term C9400 3Y I DNA,100 tSE pLS, 100 Swatch
Cisco Cataylst 9400 Series I Supervisor 1XL Module
Cisco Cataylst 9400 Series I Redund Supervisor 1XL Module
Cisco Cataylst 9400 Series | 48-Port 10/100/1000(RJ-45)
Cisco Cataylst 9400 Series 148-Port 10/100/1000(RJ-45)
Cisco Cataylst 9400 Series | 24-Port 1 0 Gigabit Eth (SFp+)
Cisco Cataylst 9400 Series 124-Port 10 Gigabit Eth (SFp+)
Cisco Cataylst 9400 Series 148-Port 10/100/1000(RJ-45)
SNTC-24X7X4 Cisco I Catalyst 9400 for 36 mo(s)
Item #
c9410R
c9400-PWR-320oAC
c1A1TCAT94001-3Y
c9400-suP-1xL
c9400-suP-1xL/2
c9400-Lc-487
c9400-Lc-487
c9400-LC-24XS
c9400-Lc-24XS
CON-SNTP-C941OR
SFP-1OG-LR=
SFP-10G-LR=
c9410R
c9400-PWR-3200AC
c1A1TCAT94001-3Y
c9400-suP-1xL
c9400-suP-1xL/2
c9400-Lc-487
c9400-Lc-487
c9400-Lc-24XS
c9400-LC-24XS
c9400-Lc-487
CON-SNTP-C941OR
Line
1
2
3
4
5
6
7
8
o
10
11
12
13
14
15
16
17
18
19
20
21
22
23
KENT
Gity of Kent Purchase Order Order #: 144186 OP
Order number must appear on all invoices, packages, etc. Order Date: 3lBl2O18
Total Cost
3,830.75
15,589.75
3,830.75
8,789.00
550.00
52.68
Subtotal:232,010.25
Sales Tax:23,201.03
Total:255,211.29
Sales Tar
348.25
1,417.25
348.25
799.00
50.00
4.79
Ext. Cost
3,482.50
14,172.50
3,482.50
7,990.00
500.00
47.89
Unit Cost
497.50
14,172.50
497.50
1,997.50
250.00
47.89
Quantity
7
1
7
4
2
1
Description
l0GBASE-SR ISFP Module
Catalyst 4500 E-Series | 12-Port 10GbE(SFP+)
l0GBASE-SR ISFP Module
l0GBASE-LR I SFP Module
1 0OOBASE-SX SFP transceiver I module, MMF,850nm, DOM
SHIPPING & HANDLING
w HD#54432 | Q#200321 8800 1 99-04
Washington NASPO ValuePoint I Cisco AR233(14-19)WA#01 1 14
Item #
SFP-10G-SR=
WS-X4712-SFP1+E=
SFP-1OG-SR
SFP-1OG-LR
GLC-SX-MMD=
S/H
Line
24
25
26
27
28
29
30
31
Approved by: Carrington, Michael Charles
Mayor's Signature:
(Required for r $10,000)
This page intentionally left blank.
Agenda Item: Consent Calendar – 8F_
TO: City Council
DATE: May 15, 2018
SUBJECT: South 228th Street Interurban Trail Connector Project Acceptance of
Grant Funds – Accept
SUMMARY: Authorize the Mayor to sign the grant agreement to accept grant funds
from the Washington State Department of Commerce in the amount of $485,000 for
the South 228th Street Inter-Urban Trail Connector Project and to direct staff to
establish a budget for the funds, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
EXHIBITS: Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins NAY:
BUDGET IMPACT: These funds will be included in the project budget.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
MOTION: Authorize the Mayor to sign the grant agreement to accept grant
funds from the Washington State Department of Commerce in the amount
of $485,000 for the South 228th Street Inter-Urban Trail Connector Project,
establish a budget for the funds, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
This page intentionally left blank.
OITY OF KENT
APR 0 6 2010
ENCIN[ERIi'JO D[PARTll[LNT
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 plum Street SE . pO Box 4252i. Olympia, Washington 98504_2525 . (360) 725-4000
Aprrl2,2018
Mr. Mark Madfai
Design Engineering Supervisor
City of Kent
400 W Gowe Street
Kent, WA 98032
Dear Mr. Madfai:
Enclosed for your review and signature are two originals of proposed Contract Number
16-93205-081 between the Department of Commerce and the City of Kent. The purpose of the
contract is to provide your organization with funds appropriated under the Local and Community
Projects 2016 program solely and specifically for the South 228th Street Inter-Urban Trail Connector
project.
Please review the contract carefully. If it meets with your approval, please sign and date where
indicated (the Contract Face Sheet and Attachments A through D) and return both to me at your
earliest convenience. We will sign them and retum a fully executed original to you for yogr records
If you have any questions or need additional information, please call me at (360) 725-500I.
I can also be reached by email at emily.hafford@commerce.wa.gov.
Sincerely,
+
fuh+ttr-l
Emily Hafford, Program Manager
Capital Programs
Enclosures
*
Department of Commerce
Grant to
For
City of Kent
through
The Local and Community Projects 2016 Program
South 228th Street Inter-Urban Trail Connector - 229th Street
birycle trail infrastructure.
Staft date:JULY 1, 2015
Washington State Depaftment of Commerce
www.commerce.wa.gov .*
TABLE OF CONTENTS
i
Face She'6t ...............
Special Terms and Conditions ..........
1. Grant Management..............2. Compensation..........3. Certification of Funds Performance Measures...............4. Prevailing Wage Law..........*. 5. Documentation and Security6. Basis for Establishing Real Property Values for Acquisitions of Real Property7. Expenditures Eligible for Reimbursement8. BillingProceduresandPayment..............9. lnsurance.10. Order of Precedence ...........11: Reduction in Funds...12. Ownership of ProjecUCapital Facilities13. Change of Ownership or Use for GRANTEE-Owned Property14. Change of Use for Leased Property Performance Measure15. Modification to the Project Budget......16. Signage, Markers and Publications.......17. Historical and Cultural Artifacts18. Reappropriation........19. Recapture :................20. Termination for Fraud or Misrepresentation
General Terms and Conditions
Definitions
Access to Data
Advance Payments Prohibited
All Writings Contained Herein
Amendments .............
Americans with Disabilities Act (ADA)
Assignment................
Attorney's Fees.........
Audit........
Conf ide ntial ity/Safeg uard i n g of I nform ation. . .
Conflict of lnterest.
Copyright Provision...
Disputes
Duplicate Payment...
Governing Law and Venue
lndemnification ..........
lndependent Capacity of the Grantee
lndustrial lnsurance Coverage
Laws........
Licensing, Accreditation and Registration .....
Limitation of Authority
Noncompliance with Nondiscrimination Laws
Pay Equity
Political Activities
Publicity
Recapture
Records Maintenance...............
Registration with Department of Revenue.....
1
1
I
I
1
1
2
2
2
2
3
3
4
4
5
5
5
5
5
6
6
6
6
6
7
7
7
7
7
1.
2.
3.
4.
5.
6.
7.
L
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
*
t
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
Right of lnspection.
Savings....
Severability ...............
Site Security .............
Subg ranting/Subcontracting ...
Survival....
Taxes.......
Termination for Cause
Termination for Convenience.
Termination Procedures...,.....
Treatment of Assets...
Waiver
,.7
.7
.8
.8
.8
.8
.8
.8
.9
.9
10
10
Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED
t
FACE SHEET
Grant Number: L6-93205-081
Washington State Department of Commerce
local Government Division
Community Capital Facilities Unit
As (oPtional)2. GRANTEE Doing Business
City of Kent
400 W Gowe Street
Kent, Washington 98032
1. GRANTEE
Emily Hafford
Project Manager
(360) 72s-s001
Fax 360-586-5880
emily.hafford@commerce'wa' gov
P.O. Box 42525
1011Plum Street SE
Olympia, WA 98504-2525
4. COMMERCE Representative
Mark Madfai
Design Engineering SuPervisor
(253) 856-6500
mmadfai@kentwa.gov
3. Grantee Representative
8. End Date
613012021
7. Start Date
7l0ll20l5Federal: fl State: X ottrer: fl N/A: n
6. Funding Source5. Grant Amount
s485,000.00
Federal Agencv
N/A
CFDA Number
N/A9. Federal Funds (as applicable)
N/A 13. DUNS #
N/A
12. UBI #
173000002
11. SWV #
swv000552-00
10. Tax ID #
9t-6001254
L4. Grant PurPose
The outcome of this performance-based contract is to fund
Cono""to, project, ai referenced in Attachment A - Scope
Ihe2lSthStreet bicycle trail infrastructure' South 228ft Street Trail
of Work.
FOR COMMERCE
lr{,u-6oJ"n, fr'f|
1-zrtt
Date
Mark K. BarkleY,Assistant Director
Date
APPROVED AS TO FORM
Date
MayorS.alph,
I
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THls coNTRAcT' entered into by and between city of Kent (a unit of rocargovernment) hereinafterfit::'3tf,fi'.HS3:,i,irl,T3a$ jliry;ni'gto;3t"t;il;:;'."nt or commerce (hereinafter rererred
WHEREAS' coMMERcE has the statutory authority under RCW 43.330.050 (5) to cooperateyff#,i#:i1".3t"'t"nce to to""isou"r,it"nt., ol.]nJ.""r, and community-based
WHEREAS' coMMERcE is als-o given the responsibility to administer state funds and programswhich are assigned to coMMER-c'i ;i;; cou"rnoioiinJ ili""r,i.gton stare Legisrature; and
WHEREAS' the washington state Legislature has, in Laws of 2015, 3rd special session,chapter 3' section 1oa^O]made;; Iiifi;iation to
"rpJ"rit"n"locarand community projects2016 Program' and ajgappropriatiori in iaws o1201t, 5; s;"-"il se""ion, chapter a, section1044, and directed corvrnrr'enb-fil;d;;"lter those funds; and
WHEREAS' the enabling legislation also stiputates that the GRANTEE is eligibte to receiveIts?j,':&i:,.acquisition, cons-truction, oii"n"'oiritation ra veitJi"'n"r"in"fter referred to as the
ffiHiJ::fi$3fi"l ffiff$%l':: ?n"J:iants,
conditions, perrormances, and promises hereinafter
1. GRANTMANAGEMENT
The Representative for.each of the parties,shall b-e responsilrg for and shall be the contact person foralt communications and bitings i"gJ;ing the performance of this Grant.
Jl:eT:?fiije'ili"i for coMMERCE and their contact information are identified on the Face
Ii:eT:?ff."3*"f for the GRANTEE and their contact information are identified on the Face
2. COMPENSATION
f;3'HEl3:'S;lffl'1ffi'T:ff:f,"Ji:ii,?f?,';'S:"',:Ti,il;.;:onar costs necessary ror or
A' The release of state funds under this contract is_contingent upon the GRANTEE certifying that ithas expended or has access i" rr.or-ri"r non-state ,6ur"es^?s-set forth in ATTACHMENT C(cERTlFlcATloN oF rHe nvnilniriirv or ru^ios riib"ouprETE THE enorecry, hereofsuch non-state sources may consist of a combination oi"'nv or the forowing:i) Etigibre project expenditures prior to the execution of this contract.iD Cash dedicated to the project.
iii) Funds available through a letter of credit or other binding loan commitment(s).iv) Pledges from foundations or corporations.v) Pledges from individualdonors.
3 i'
t'
I
i;ilrIrItii
I
I
2
vi)
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non-state matching fund credit.
ln-kind contributions, subject to COMMERCE'S approval.vii)
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMMERCE'S review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the lndustrial Statistician at the Washington Department
of Labor and lndustries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATTON AND SECURTTY
The provisions of this section shall apply to capital projects performed by nonprofit organizations that
involve the expenditure of over $500,000 in state funds. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for design only are exempt
from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of contract execution. The
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set
forth in Section 2, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the final payment of state funds to the GRANTEE under this grant. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
the Deed of Trust.
C. Title lnsurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
3
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6.Eraqtq trnEt EST AFII IIIIT EEAI DD''IE'FE TV VAI I ItrC ENP QtTtrrttc r1tr EtEAI
PROPERTY PERFORMANCE MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
a. GRANTEE purchases of real property from an independent third-party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser, or a current property tax statement.
b. GRANTEE purchases of real property from a subsidiary organization, such as an
affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed
Washington State commercial real estate appraiser or the prior purchase price of the
property plus holding costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures in the following cost categories:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized eq uipment;
lnformation technology infrastructure; and
Landscaping.
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for one-hundred percent (100%) of eligible Project
expenditures, up to the maximum payable under this contract. When requesting reimbursement for
expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed lnvoice
Voucher (Form A-19), that documents capitalized Project activity performed - by budget line item -
for the billing period.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The GRANTEE
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The finalvoucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this contract, or within fifteen (15) days following the end of
the state biennium unless contract funds are reappropriated by the Legislature in accordance with
Section 18, hereof.
4
SPECIAL TERMS AND GONDITIONS
GENERAL GRANT
STATE FUNDS
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as wellas a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and untilthe Project Status Report is received. After approving the lnvoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. INSURANCE
The GRANTEE shall provide insurance coverage as set out in this seclion. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any other
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date,
a certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The GRANTEE shall provide insurance coverage that shall be maintained in fullforce and effect
during the term of this Grant, as follows:
Commercial General Liability lnsurance Policy. Provide a CommercialGeneral Liability
lnsurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees
provide adequate insurance coverage for the activities arising out of subgrants.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or
5
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary.
C. The GRANTEE shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
GRANTEES and Local Governments that Participate in a Self-lnsurance Program.
Self-lnsured/Liability Pool or Self-lnsured Risk Management Program - With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool
or self-insured risk management program. ln order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate
and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk
management programs or self-insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
GovernmentalAccounting Standards Board (GASB), 2) FinancialAccounting Standards Board
(FASB), and 3) the Washington State Auditor's annual instructions for financial reporting.
GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Washington, its
agents, and employees need not be named as additional insured under a self-insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self-
insured risk management program. Such annual summary of coverage and letter of self
insurance will be provided on the anniversary of the start date of this Agreement.
10. ORDEROFPRECEDENCE
ln the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
. Applicable federal and state of Washington statutes and regulations. SpecialTerms and Conditions. General Terms and Conditions. Attachment A - Scope of Work. AttachmentB-Budget. Attachment C - Certification of the Availability of Funds to Complete the Project. Attachment D - Certification of the Payment and Reporting of Prevailing Wages. Attachment E - Certification of lntent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
11. REDUCTION IN FUNDS
ln the event state funds appropriated for the work contemplated under this contract are withdrawn,
reduced, or limited in any way by the Governor or the Washington State Legislature during the
contract period, the parties hereto shall be bound by any such revised funding limitations as
6
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly.
12. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this contract and does not assert and will not acquire any ownership interest in or title.to the capital
facilities and/or equipment constructed or purchased with state funds under this contract; provided,,
however, that COMMERCE may be granted a security interest in real property, to secure funds
awarded under this contract. This provision does not extend to claims that COMMERCE may bring
against the GRANTEE in recapturing funds expended in violation of this contract.
13. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes
stated elsewhere in this contract for a period of at least ten (10) years from the date the final
payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
C. ln the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture provision).
14. CHANGE OF IISF FOFI I FASFD PERTY P ERFORMANCE MFASIIFIF
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this contract shall be used
by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at
least ten (10) years from the date the final payment is made hereunder.
B. ln the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture Provision).
15. MODIFICATION TO THE PROJECT BUDGET
A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make
modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the
Iine item by more than fifteen percent (15%).
B. The GRANTEE shall notify COMMERCE in writing (by emailor regular mail) when proposing any
budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof,
that would increase the line item by more than fifteen percent (15o/o). Conversely, COMMERCE
7
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
may initiate the budget modification approval process if presented with a request for payment
under this contract that would cause one or more budget line items to exceed the 15 percent
(15o/o) threshold increase described above.
G. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
Project Budget. Each party to this contract will retain and make any and all documents related to
such budget modifications a part of their respective contract file.
D. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Section 2 of this contract.
16. SIGNAGE. MARKERS AND PUBLICATIONS
lf, during the period covered by this contract, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify "The Taxpayers of Washington State" as a
participant.
17. HISTORICAL AND CULTURAL RESOURCES
ln the event that historical or cultural artifacts are discovered at the Project site during construction,
the GRANTEE shall immediately stop work and notify the local historical preservation officer and the
state historic preservation officer at the Washington State Department of Archaeology and Historic
Preservation (DAHP) at (360) 586-3065, and the Commerce Representative identified on the Face
Sheet.
lf human remains are discovered, the GRANTEE shall immediately stop work and report the
presence and location of the remains to the coroner and local enforcement, then contact DAHP and
any concerned tribe's cultural staff or committee.
18. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2019 will
lapse on that date unless specifically reappropriated by the Washington State Legislature. lf
funds are so reappropriated, the state's obligation under the terms of this contract shall be
contingent upon the terms of such reappropriation.
B. ln the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
19. RECAPTURE
ln the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal
laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture all funds
disbursed under the Grant, in addition to any other remedies available at law or in equity. This
provision supersedes the Recapture provision in Section 25 of the General Terms and
Conditions.
8
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
ln the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this contract, COMMERCE reserves the right to
terminate or amend this contract accordingly, including the right to recapture all funds disbursed
to the GRANTEE under the Grant.
o
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. "Personal lnformation" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "subgrantee/subcontractor'' shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms "subgrantee/subcontractor" refers to any tier.
G. "subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. lt also excludes vendors that receive federalfunds in exchange for
goods and/or services in the course of normal trade or commerce.
H. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually
determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit
basis with contractual penalties if the entity fails to meet program performance standards.
2. ACGESSTODATA
ln compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE's reports, including computer models and the
methodology for those models.
3. ADVANCE PAYM PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or othenivise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
1
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101-336. also referred to
as the "ADA" 28 CFR Part 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
8. ATTORNEYS'FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
9. AUDIT
A. GeneralRequirements
COMMERCE reserves the right to require an audit. lf required, GRANTEEs are to procure audit
services based on the following guidelines.
' The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
ln the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
ln any case, the GRANTEE's records must be available for review by COMMERCE.
G. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to
auditreview@commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
ln addition to sending a copy of the audit, when applicable, the GRANTEE must include:
2
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
. Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.. Copy of the Management Letter.
lf the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential lnformation" as used in this section includes
1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential"
by COMMERCE;
2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health lnformation" underthe federal Health lnsurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential lnformation. The GRANTEE shall use Confidential lnformation
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential lnformation to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shalltake all necessary steps to assure that
Confidential lnformation is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential lnformation or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential lnformation that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
11. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found
after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the
CONTRACTOR in the procurement of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must
identify any person employed in any capacity by the state of Washington that worked on this Grant, or
any matter related to the project funded under this Grant or any other state funded project, including
but not limited to formulating or drafting legislation, participating in grant procurement, planning and
execution, awarding grants, or monitoring grants, during the24 month period preceding the start date
of this Grant. ldentify the individual by name, the agency previously or currently employed by, job title
3
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
or position held, and separation date. lf it is determined by COMMERCE that a conflict of interest
exists, the CONTRACTOR may be disqualified from further consideration for the award of a Grant.
ln the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue
the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the
contract by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause
shall not be exclusive and are in addition to any other rights and remedies provided by law. The
existence of facts upon which COMMERCE makes any determination under this clause shall be an
issue and may be reviewed as provided in the "Disputes" clause of this contract.
1 2. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. ln the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions, r'Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
13. DISPUTES
Except as othenuise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
. be in writing;r state the disputed issues;. state the relative positions of the parties;. state the GRANTEE's name, address, and Contract number; and. be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
4
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
14. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgranVsubcontract, or agreement, for the
same services or expenses.
15. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
16. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to
perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
17. INDEPENDENT CAPACITY OF THE GRANTEE
The pbrties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
18. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, lndustrial lnsurance. lf
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the lndustrial lnsurance Accident Fund. COMMERCE may deduct the amount
owed by the.GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
lndustries, (L&l) Division of Insurance Services. This provision does not waive any of L&l's rights to
collect from the GRANTEE.
5
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
19. LAWS
The GRANTEE shallcomply with allapplicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
20. LICENSING. ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
.21.. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this contract is not effective or binding unless
made in writing and signed by the Authorized Representative.
22. NONCOMPLIANCE W|TH NONptSCRtMtNATtON LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. ln the event of the GRANTEE's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure
set forth herein.
23 PAY ITY
The GRANTEE agrees to ensure that "similarly employed" individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;b. GRANTEE may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise
services determines that the GRANTEE is not in compliance with this provision.
b
IF:
GENERAL TERMS AND CONDITIONS
. GENERALGRANT
STATE FUNDS
24. POLITICAL AGTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
25. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
26. RECAPTURE
ln the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. ln the alternative, COMMERCE may recapture such funds from
payments due under this Grant.
27. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by GOMMERCE, personnel duly authorized hy
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
lf any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
28. REGISTRATION WITH DEPARTMENT OF REVENUE
lf required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
29. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Grant.
30. SAVINGS
ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. ln lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
7
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
31. SEVERABILITY
The provisions of this Grant are intended to be severable. lf any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
32. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
33. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this contract without obtaining prior written approval of
COMMERCE. ln no event shall the existence of the subgranVsubcontract operate to release or
reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the
GRANTEE's duties. This clause does not include Grants of employment between the GRANTEE and
personnel assigned to work under this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts.
GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, trqnsfer, sell or
otherwise make known to unauthorized persons personal information without the express written
consent of COMMERCE or as provided by law.
34. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
35. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
36. TERMINATION FOR CAUSE
, ln the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. lf corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
ln the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience"
8
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
37. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. lf this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
38. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
AGENT shall determine the extent of the liability of COMMERCE. Failure to agree with such
determination shall be a dispute within the meaning of the "Disputes" clause of this Grant.
COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED
REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or
liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE ShAII:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
su bg ra nts/su bcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be
final for all the purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
9
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
39. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a
direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such
property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such
property in the performance of this Grant, or (ii) commencement of use of such property in the
performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in
part, whichever first occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless.otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. lf any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
40. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
10
Attachment A
Scope of Work
Funds awarded under this grant shall be used for capital expenditures related to the design and
construction of the South 228th Street lnter-Urban Trail Connector project, located along the south side of
a planned grade separated roadway along South 228th Street in Kent.
Construction will include, but not be limited to asphalting a multi-use trail that will extend approximately
900 feet between the lnterurban Trail andT2nd Avenue South.
When complete, the trailwill provide the community with safe access between residential areas and
adjoining commercial areas within Kent.
This project is expected to be completed in September, 2020.
All project work completed with prior legislative approval. The."Copyright Provisions", Section 12 of the
General Terms and Conditions, are not intended to apply to any architecturaland engineering design
work funded by this grant.
CERTIFICATION PERFORMANCE MEASU RE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
:':.GRANTEE
-BATE
Attachment B
Budget
Line ltem Amount
Architecture & Enqineerinq $20.000.00
Site Acquisition $0.00
Construction $425.000.00
Capitalized Equipment $0.00
Construction Manaqement $40.000.00
Other $0.00
Total Gontracted Amount:$485.000.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITLE
DATE
Attachment G
Certification of the Availability of Funds to Complete the Project
CERTI FICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this contract and identified above has been reviewed and approved by the GRANTEE's governing body
or board of directors, as applicable, and has either been expended for eligible Project expenses, or is
committed in writing and available and will remain committed and available solely and specifically for
carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and
year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or
has access to the funds needed to complete the Project, and shall make such records available for
COMMERCE'S review upon reasonable request.
.'.FRANTEE
DATE
Non-State Funds Amount Total
Total Non-State Funds $0.00 $0.00
State Funds
State Caoital Budqet $485,000.00 $485,000.00
Total Non-State and State Sources
$485,000.00
Attachment D
Certification of the Payment and Reporting of Prevailing Wages
CERTI FICATION PERFORMANCE MEASU RE
The GRANTEE, by its signature, certifies that allcontractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as of July 1, 2015,
including but not limited to the filing of the "Statement of lntent to Pay Prevailing Wages" and "Affidavit of
Wages Paid" as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to
evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S
review upon request.
lf any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
TITLE
DATE
Attachment E
Gertification of lntent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States
Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
^r<?
GRANTEE
.^cgdP-
TITLE f)'{.t.s
DAItL-
OTHER BUSINESS
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Agenda Item: Bids – 10A_
TO: City Council
DATE: May 15, 2018
SUBJECT: 2018 Crack Sealing Project – Award
SUMMARY: This project consists of planing bituminous pavement as necessary to
prepare pavement surface associated with the overlay work to be performed by the
City of Kent Street Crew.
EXHIBITS: Memo dated May 15, 2018
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: The project will be paid for using Business and Occupation Tax
funds.
MOTION: Award the 2018 Crack Sealing Project to C.R. Contracting in the
amount of $130,115.00, and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: May 15, 2018
TO: Mayor Ralph and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: 2018 Crack Sealing - Award
Bid opening for the 2018 Crack Sealing was held on May 8, 2018 with three (3) bids
receive, all bids were responsive. The lowest responsible and responsive bid was
submitted by C.R. Contracting in the amount of $130,115.00. The Engineer's estimate
was $154,655.00. The Public Works Director recommends awarding this contract to
C.R. Contracting.
Bid Summary
01. C.R. Contracting $130,115.00
02. Evergreen Asphalt & Concrete $134,734.00
03. BCV, Inc. $135,730.00
Engineer's Estimate $154,655.00
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Agenda Item: Bids – 10B_
TO: City Council
DATE: May 15, 2018
SUBJECT: 2018 Paint Line Striping and RPM Replacement Project – Award
SUMMARY: This project consists of installing paint striping over existing lane
markings and installing raised pavement markings on various City streets.
EXHIBITS: Memo dated May 15, 2018
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: The project will be paid for using Business and Occupation Funds.
MOTION: Award the 2018 Paint Line Striping and RPM Replacement Project
to Stripe Rite, Inc., in the amount of $256,855.00, and authorize the Mayor
to sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: May 15, 2018
TO: Mayor Ralph and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: 2018 Paint Line Striping and RPM Replacement Project - Award
Bid opening for the 2018 Paint Line Striping and RPM Replacement Project was held on
May 8, 2018 with three (3) bids receive, all bids were responsive. The lowest
responsible and responsive bid was submitted by Stripe Rite, Inc. in the amount of
$256,855.00. The Engineer's estimate was $298,275.00. The Public Works Director
recommends awarding this contract to Stripe Rite, Inc.
Bid Summary
01. Stripe Rite, Inc. $256,855.00
02. Specialized Pavement Marking, Inc. $313,765.00
03. Apply-A-Line, Inc. $341,560.00
Engineer's Estimate $298,275.00
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Agenda Item: Bids – 10B_
TO: City Council
DATE: May 15, 2018
SUBJECT: Kent Springs and Pump Station No. 4 Electrical Upgrades Project –
Award
SUMMARY: This project consists of the installation of a back-up power generator,
construction of a generator cover, electrical upgrades and installation of new variable
frequency drive motors at the Kent Springs site. Additionally, site improvements at
the Pump Station #4 facility include fencing, electrical improvements, installation of
variable frequency drive motors, and a retaining wall.
EXHIBITS: Memo dated May 15, 2018
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: The project will be paid for using previously budgeted water
utility funds.
MOTION: Award the Kent Springs and Pump Station No. 4 Electrical
Upgrades Project to Colvico, Inc., in the amount of $1,102,943.14 and
authorize the Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E.,
Public Works Director
Address: 400 West Gowe Street
Kent, WA. 98032-5895
Phone: 253-856-5500
Fax: 253-856-6500
DATE: May 15, 2018
TO: Mayor Ralph and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: Kent Springs and Pump Station No. 4 Upgrades Project – Award
Bid opening for the Kent Springs and Pump Station No. 4 Upgrades Project was held on
May 1, 2018 with one (1) bid received. The lowest responsible and responsive bid was
submitted by Colvico, Inc. in the amount of $1,102,943.14. The Engineer's estimate
was $1,007,325.00. The Public Works Director recommends awarding this contract to
Colvico, Inc.
Bid Summary
01. Colvico Inc. $1,102,943.14
Engineer's Estimate $1,007,325.00
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT