HomeMy WebLinkAboutCity Council Committees - Operations Committee - 03/15/2016 (2)
Unless otherwise noted, the Operations Committee meets at 4 p.m. on the first and third
Tuesday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032.
For additional information please contact Jennifer Hays at 253-856-5700.
Any person requiring a disability accommodation should contact the City Clerk’s
Office at 253-856-5725 in advance. For TDD relay service call Washington
Telecommunications Relay Service at 1-800-833-6388.
Operations Committee Agenda
Councilmembers: Bill Boyce – Les Thomas – Dana Ralph, Chair
March 15, 2016
4 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Ralph 1
2. Roll Call Chair Ralph 1
3. Changes to the Agenda Chair Ralph 1
4. Approval of Check Summary Report dated
2/16/2016 thru 2/29/2016
YES Chair Ralph 2
5. Approval of Meeting Minutes Dated
March 1, 2016
YES Chair Ralph 2 1
6. AIA Agreement with ARC Architects for the
City Hall Space Efficiency Plan Phase II -
Recommend
YES Jeff Watling
Derek Matheson
10 5
7. School Zone Traffic Safety Camera Program
Fund Expenditures- Recommend
YES Chief Ken
Thomas
5 15
8. City Investment Report NO Aaron BeMiller 5 19
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OPERATIONS COMMITTEE MINUTES
March 1, 2016
Committee Members Present: Dana Ralph, Chair; Bill Boyce; and Les Thomas
The meeting was called to order by Dana Ralph at 4:00 p.m.
1. ROLL CALL.
2. CHANGES TO THE AGENDA.
There were no changes to the agenda.
3. APPROVAL OF THE CHECK SUMMARY REPORT DATED 2/01/2016 THRU
2/15/2016.
L. Thomas moved to approve the check summary report dated 2/01/16 through
2/15/16. B. Boyce seconded the motion, which passed 3-0.
4. APPROVAL OF MINUTES DATED FEBRUARY 16, 2016.
B. Boyce moved to approve the Operations Committee minutes dated February 16,
2016. L. Thomas seconded the motion, which passed 3-0.
5. LEASE AGREEMENT WITH SCOTCH AND VINE FOR THE RIVERBEND GOLF
COMPLEX RESTAURANT - RECOMMEND.
Parks Director Jeff Watling requested approval of the negotiated lease agreement
between the City and Scotch and Vine (restaurant). The lease terms provide for a ten-
year lease with one five-year option to renew. The lease requires payment of eight
percent of gross monthly revenues from restaurant operations, with an established
minimum rent of $5,000 and a maximum of $12,000; this formula accounts for the cost
of utilities. To help the start-up of the restaurant, the City has agreed to free rent the
first three months of operations.
The restaurant will be open for breakfast, lunch, and dinner 365 days a year, with some
modifications to times of operation during the off-season. The restaurant will also
provide cart services out on the course during peak golf seasons. The newly renovated
facility will allow for private meeting, banquet style space.
Scotch and Vine is scheduled to open May 1, 2016.
L. Thomas moved to recommend authorizing the Mayor to sign all documents
necessary to enter into a lease agreement with RL Kids LLC, d/b/a Scotch and Vine,
for the restaurant at Riverbend Golf Complex, subject to terms and conditions
acceptable to the Parks Director and the City Attorney. B. Boyce seconded the motion,
which passed 3-0.
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Operations Committee Minutes
March 1, 2016
Page: 2
6. CONTENT MANAGEMENT SYSTEM (WEBSITE) REPLACEMENT - RECOMMEND.
Communications Manager Michelle Wilmot and Information Technology Project Manager
Tricia Callahan asked the Committee to approve using Vision Internet to replace the
City’s current website. The current website is out-of-date and the more than 1,500
pages are difficult to navigate.
Vision Internet will provide content strategy to help remove usability challenges and
provide a user-friendly site for both visitors and content providers. By moving away
from departmental webpages, and towards pages by service, the site will be designed
with the visitor as its primary focus. For content providers, the contract includes
training - how to upload content, how to provide better content, and writing for the
web. There will also be a redesign after four years, which is considered the maximum
website lifespan.
The budget impact of $117,519.70 will come out of the Information Technology Fund.
The new website is slated to roll-out in the fall of 2016.
B. Boyce moved to recommend Council authorize the Mayor to sign all necessary
documents to enter into a contract with Vision Internet to replace the City’s Content
Management System (website) and to develop and implement a new website. L.
Thomas seconded the motion, which passed 3-0.
7. AMENDED WATER LEAK ADJUSTMENT ORDINANCE - RECOMMEND.
Finance Director Aaron BeMiller asked to approve an ordinance to amend chapter 7.02 of
the Kent City Code, titled “Water.” The leak adjustment ordinance is cumbersome and an
inefficient process, which can take a significant amount of staff time for short periods.
Currently, an adjustment is permitted only once per property owner; adjustment is
available only for an accidental water leak or water line failure on the subject property, or
an “unexplained, abnormal water meter reading” that occurs on the subject property even
though City inspection reveals no water meter malfunction; the billing adjustment cannot
exceed 50 percent of the difference between the amount of the bill to be adjusted and the
average water usage over the preceding 12 months; and the bill will only qualify for
adjustment if the bill is more than twice as high as the highest bill for any single billing
period in the preceding 12 months.
The proposed adjustments to the ordinance address and modify the following central
items:
Removes the one-time only adjustment per owner,
Deletes ambiguity regarding the location of the leak,
Increases the number of billing periods the adjustment can cover from one billing
period to two billing periods,
Changes the calculation for determining when a water utility bill triggers the
threshold level for adjustment; and
Increases the amount of the adjustment the City will provide to customers affected
by a leak.
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Operations Committee Minutes
March 1, 2016
Page: 3
While the proposed changes to the water leak adjustment ordinance will not have a
negative impact on expenditures, revenue impact is difficult to estimate because of the
variable number of leaks in any given period, but is not expected to be material.
L. Thomas moved to recommend adoption of an ordinance amending Chapter 7.02 of the
Kent City Code, entitled “Water,” pertaining to the process through which an owner may
request an adjustment to a water utility bill, and to reconcile current inconsistencies in
the City Code. B. Boyce seconded the motion, which passed 3-0.
8. DIRECTOR’S REPORT
Mr. BeMiller provided additional information on two refunding bonds: 2008 A Series
bond; and the Public Facilities District (PFD) sales tax bond to build the special events
center. On February 18, PFD held a special meeting and signaled their agreement to
move forward with refunding the bonds. At the same meeting, Foster Pepper was hired
and is also on-board with the agreement to move forward to make the transaction
happen.
The current draft schedule is to bring the ordinance back to this committee at the April
5 meeting then move forward to the April 19 council meeting. The ordinance will be
very similar to the one that was approved last year for the refunding of the 2006 bonds.
A target of May 2 will be the final review of market conditions to determine the go/no-
go day and as long as the market is good, pricing will be determined May 3, with final
closing June 2.
The meeting was adjourned at 4:49 p.m. by Dana Ralph.
J. Hays
Jennifer Hays
Operations Committee Secretary
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PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 15, 2016
TO: Kent City Council Operations Committee
FROM: Jeff Watling, Director
SUBJECT: AIA Agreement with ARC Architects for the City Hall Space
Efficiency Plan Phase II - Recommend
MOTION: Recommend authorizing the mayor to sign all documents
necessary to enter into an AIA Agreement with ARC Architects for the City
Hall Space Efficiency Plan - Phase II, subject to terms and conditions
acceptable to the parks director and the city attorney.
SUMMARY: Results of the initial City Hall Space Efficiency Study were
presented to the City Council last fall. The study analyzed all four buildings
that comprise the City Hall Campus. The results of that analysis identified
the opportunity to address our current space needs for the Police
Department through renovation and modernization of our current City Hall
Campus. Staff was directed to initiate the next phase of this work which is
conceptual design and cost estimating. This contract with ARC Architects
accomplishes that work. Completion of this work will allow the city to
determine projected costs, ideas for phasing/sequencing the work and
options for funding the work.
EXHIBIT: Draft AIA Agreement including the Scope of Services
BUDGET IMPACT: We have created a Space Study capital project to track all costs
associated with this process/endeavor. At the end of 2015, the City transferred
$100,000 of available general fund monies into this account to help fund the second
phase of this contract. Finance is recommending the remaining $68,364 come from
available monies in the Capital Resources Fund (formerly the CIP fund) which will be
part of the second quarter supplemental budget adjustment.
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AGREEMENT made as of the « » day of « » in the year « »2016
(In words, indicate day, month and year.)
BETWEEN the Owner:
(Name, legal status, address and other information)
« »« »City of Kent, 220 4th Avenue South, Kent, Washington 98032
« »
« »
« »
and the Architect:
(Name, legal status, address and other information)
« »« »ARC Architects, 1101 E. Pke Street, Floor 3, Seattle, Washington 98122. 206-
322-3322
« »
« »
« »
for the following Project:
(Name, location and detailed description)
«Kent Civic Center Campus»
« »
« »
The Owner and Architect agree as follows.
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TABLE OF ARTICLES
1 ARCHITECT’S RESPONSIBILITIES
2 OWNER’S RESPONSIBILITIES
3 COPYRIGHTS AND LICENSES
4 CLAIMS AND DISPUTES
5 TERMINATION OR SUSPENSION
6 COMPENSATION
7 MISCELLANEOUS PROVISIONS
8 SPECIAL TERMS AND CONDITIONS
9 SCOPE OF THE AGREEMENT
ARTICLE 1 ARCHITECT’S RESPONSIBILITIES
§ 1.1 The Architect shall provide the following professional services:
(Describe the scope of the Architect’s services or identify an exhibit or scope of services document setting forth the
Architect’s services and incorporated into this document in Section 9.2)
« »
§ 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project.
§ 1.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
§ 1.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect’s professional
judgment with respect to this Project.
§ 1.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the
requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall
reimburse the Architect for any additional cost:
(Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if
any.)
.1 General Liability
« »
.2 Automobile Liability
« »
.3 Workers’ Compensation
« »
.4 Professional Liability
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« »
ARTICLE 2 OWNER’S RESPONSIBILITIES
§ 2.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including a written program which shall set forth the
Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility,
expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request
from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to
evaluate, give notice of or enforce lien rights.
§ 2.2 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project.
The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect’s services.
§ 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts
between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than
those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the
Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The
Owner shall require that its consultants maintain professional liability insurance as appropriate to the services
provided.
§ 2.4 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner’s needs and interests.
§ 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service.
ARTICLE 3 COPYRIGHTS AND LICENSES
§ 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
transmitting party is the copyright owner of such information or has permission from the copyright owner to
transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
Service or any other information or documentation in digital form, they shall endeavor to establish necessary
protocols governing such transmissions.
§ 3.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official
regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the reserved rights of the Architect and the Architect’s consultants.
§ 3.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the
Architect’s Instruments of Service solely and exclusively for the Project, provided that the Owner substantially
performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall
obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license
granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and
material or equipment suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable
portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the
Architect rightfully terminates this Agreement for cause as provided in Sections 5.3 and 5.4, the license granted in
this Section 3.3 shall terminate.
§ 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising
from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes
of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of
the Instruments of Service under this Section 3.3.1.
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§ 3.4 Except for the licenses granted in this Article 3, no other license or right shall be deemed granted or implied
under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license
granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the
Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s
consultants.
ARTICLE 4 CLAIMS AND DISPUTES § 4.1 GENERAL
§ 4.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or
otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the
method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in
any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect
waive all claims and causes of action not commenced in accordance with this Section 4.1.1.
§ 4.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against
each other and against the contractors, consultants, agents and employees of the other for damages, except such
rights as they may have to the proceeds of such insurance as set forth in AIA Document A201–2007, General
Conditions of the Contract for Construction, if applicable. The Owner or the Architect, as appropriate, shall require
of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties
enumerated herein.
§ 4.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question
arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
damages due to either party’s termination of this Agreement, except as specifically provided in Section 5.7.
§ 4.2 MEDIATION
§ 4.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien
arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
§ 4.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American
Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of
the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and
filed with the person or entity administering the mediation. The request may be made concurrently with the filing of
a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in
advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration
proceeding is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s)
and agree upon a schedule for later proceedings.
§ 4.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in any court having jurisdiction thereof.
§ 4.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 4.2, the method of binding
dispute resolution shall be the following:
(Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below,
or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will
be resolved in a court of competent jurisdiction.)
[ « » ] Arbitration pursuant to Section 4.3 of this Agreement
[ « » ] Litigation in a court of competent jurisdiction
[ « » ] Other (Specify)
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« »
§ 4.3 ARBITRATION
§ 4.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any
claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
mediation shall be subject to arbitration, which unless the parties mutually agree otherwise, shall be administered by
the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the
date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this
Agreement, and filed with the person or entity administering the arbitration.
§ 4.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based
on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute
of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the
arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other
matter in question.
§ 4.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity
duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in
any court having jurisdiction thereof.
§ 4.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
§ 4.3.4 CONSOLIDATION OR JOINDER
§ 4.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact;
and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
§ 4.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an
additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question
not described in the written consent.
§ 4.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 4.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and
Architect under this Agreement.
ARTICLE 5 TERMINATION OR SUSPENSION
§ 5.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension
of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give
seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the
Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of
services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses
incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining
services and the time schedules shall be equitably adjusted.
§ 5.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of
such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the
interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time
schedules shall be equitably adjusted.
§ 5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice.
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§ 5.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party
fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating
the termination.
§ 5.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the
Owner’s convenience and without cause.
§ 5.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 5.7.
§ 5.7 Termination Expenses are in addition to compensation for the Architect’s services and include expenses
directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the
Architect’s anticipated profit on the value of the services not performed by the Architect.
§ 5.8 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this
Agreement are set forth in Article 3 and Section 6.3.
ARTICLE 6 COMPENSATION
§ 6.1 The Owner shall compensate the Architect for services described in Section 1.1 as set forth below, or in the
attached exhibit or scope document incorporated into this Agreement in Section 9.2.
(Insert amount of, or basis for, compensation or indicate the exhibit or scope document in which compensation is
provided for.)
« »
§ 6.2 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 6.2.1 Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include
expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows:
.1 Transportation and authorized out-of-town travel and subsistence;
.2 Long distance services, dedicated data and communication services, teleconferences, Project Web
sites, and extranets;
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, standard form documents;
.5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 Renderings, models, mock-ups, professional photography, and presentation materials requested by
the Owner;
.8 Architect’s Consultant’s expense of professional liability insurance dedicated exclusively to this
Project, or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that normally carried by the Architect’s consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses; and
.11 Other similar Project-related expenditures.
§ 6.2.2 For Reimbursable Expenses, the compensation shall be the expenses incurred by the Architect and the
Architect’s consultants plus an administrative fee of « » percent ( « » %) of the expenses incurred.
§ 6.3 COMPENSATION FOR USE OF ARCHITECT’S INSTRUMENTS OF SERVICE
If the Owner terminates the Architect for its convenience under Section 5.5, or the Architect terminates this
Agreement under Section 5.3, the Owner shall pay a licensing fee as compensation for the Owner’s continued use of
the Architect’s Instruments of Service solely for purposes of the Project as follows:
« »
§ 6.4 PAYMENTS TO THE ARCHITECT
§ 6.4.1 An initial payment of « » ($ « » ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner’s account in the final invoice.
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§ 6.4.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid « » ( « » ) days after
the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing
from time to time at the principal place of business of the Architect.
(Insert rate of monthly or annual interest agreed upon.)
« » % « »
§ 6.4.3 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated
damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work
unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
§ 6.4.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to
the Owner at mutually convenient times.
ARTICLE 7 MISCELLANEOUS PROVISIONS
§ 7.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties
have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern
Section 4.3.
§ 7.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201–2007, General
Conditions of the Contract for Construction.
§ 7.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement.
§ 7.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests
the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute
all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the
Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or
consents that would require knowledge, services or responsibilities beyond the scope of this Agreement.
§ 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of
a third party against either the Owner or Architect.
§ 7.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any
form at the Project site.
§ 7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project
among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the
completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s
confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific
information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit
for the Architect in the Owner’s promotional materials for the Project.
§ 7.8 If the Architect or Owner receives information specifically designated by the other party as “confidential” or
“business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it
to any other person except to (1) its employees, (2) those who need to know the content of such information in order
to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors
whose contracts include similar restrictions on the use of confidential information.
ARTICLE 8 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
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« »
ARTICLE 9 SCOPE OF THE AGREEMENT
§ 9.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner and Architect.
§ 9.2 This Agreement is comprised of the following documents listed below:
.1 AIA Document B102–2007, Standard Form Agreement Between Owner and Architect
.2 AIA Document E201–2007, Digital Data Protocol Exhibit, if completed, or the following:
« »
.3 Other documents:
(List other documents, including the Architect’s scope of services document, hereby incorporated into
the Agreement.)
« »
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
(Signature) (Signature)
« »« » « »« »
(Printed name and title) (Printed name and title)
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 15, 2016
TO: Operations Committee
FROM: Chief Ken Thomas
SUBJECT: School Zone Traffic Safety Camera Program Fund Expenditures-
Recommend
MOTION: Recommend authorizing the Council to approve the expenditure
of $329,000 from the School Zone Traffic Safety Camera fund that include
$50,000 for matching funds for the traffic safety grant program and
$279,000 to replace seven of the Police Department’s aging police
vehicles, and authorize the mayor to sign all necessary documents, subject
to the approval of the Police Chief and City Attorney.
SUMMARY: School speed zones are located in areas occupied by a high number of
pedestrians, especially before, during, and after school, and driver inattention and
speeding can have devastating consequences. The strategic placement of
automated traffic safety cameras in school zones has been shown to reduce vehicle
speeds, thereby reducing the risks to pedestrians.
Funds derived from the use of the cameras are to be used to cover the costs of
administering the program. Excess funds will be used for criminal justice-related
purposes. The current balance in the fund is in excess of $1 million. The Police
Department has researched and determined two items that it wishes to spend funds
on: (1) set aside $50,000 for matching funds for the traffic safety grant program,
and (2) use $279,000 to replace seven of the Police Department’s aging police
vehicles.
Exhibits: Report detailing how funds will be used under this request.
Budget Impact: $329,000 to come from the School Zone Traffic Safety Camera
Fund
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SCHOOL ZONE CAMERA FUND
PROJECT REQUESTS
PRIORITY ITEM DESCRIPTION COST TIMELINE
1 Traffic Safety Grant Program $50,000 2016-2017
2 Police Fleet Upgrade $279,000 2016-2017
TOTAL $329,000
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Police Priority #1
Description: Traffic Safety Grant Program – Match Funds
Washington State Department of Transportation provides grant funds to local jurisdictions to
enhance traffic safety. Projects include Safe Routes to School, encouragement projects to
increase walking and biking, and safety enhancements to reduce serious injury and fatal
collisions involving pedestrians, bicycles, and vehicles.
The grant cycle for the 2017-2019 biennium is now open and Kent is pursuing grant
applications. Police and traffic engineering staff are working to identify the most competitive
locations and strategies to enhance traffic safety.
Justification: Washington State Department of Transportation will give funding preference to
those projects that allocate local match funds. More competitive grant applications must
identify projects in areas where there are high incidents of serious injury and fatal collisions
involving pedestrians/bicycles and vehicles and provide a local match.
Impact: Up to $50,000 will be used for match funds for the Traffic Safety grant program.
Staff will work to identify the most competitive application based upon pedestrian/bicycle and
vehicle collisions.
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Police Priority #2
Description: Police Fleet Upgrade $279,000
To provide vehicles for additional positions and to replace aging fleet vehicles. Costs include
estimated set-ups.
• K9 Patrol Tahoe vehicle: One for $65,000
• Ford SUV Interceptors vehicles/Patrol set-up: Two for a total of $80,000
• Ford SUV Interceptors vehicles/Administrative set-up: Two for a total of $70,000
• Ford police sedans: Two for a total of $64,000
Justification: Utilizing a third day-time K9 has been greatly beneficial to patrol operations,
aggressively fighting crime and supporting Intelligence Led Policing efforts. Most importantly, it
has given us a means to combat day time residential burglaries and prowls by providing a
valuable tool to apprehend suspects. Recently, we have dual trained a generalist apprehension
dog to also be a narcotic detection dog to assist with narcotic search warrants which will result
in more drug finds, prosecutable cases, and more narcotic related seizures. Due to this
success, the Chief is expanding the K9 program to four dogs so we can have the benefit of two
daytime K9s that can operate seven days a week. The fourth dog will also be dual trained and
provide an additional narcotic detection team. With this additional K9 position, the department
requires an additional K9 vehicle for the new team.
The Kent Police Department has two officers assigned as School Resource Officers. These
officers currently are assigned two vehicles that were originally purchased by the Kent School
District. Although they are now maintained by the city shops, they were not a fleet allocation.
The vehicles are aging; they have become a resource liability for maintenance and are well past
their expected life cycle. The department would like to replace these vehicles with Ford SUV
Interceptors that are equipped as standard patrol packages (fully marked black and whites,
with emergency light bars, and transport cages). The department also has one remaining
Neighborhood Response Team vehicle that is aging beyond its lifecycle and in need of
replacement. The department would like to replace that vehicle with a Ford police vehicle.
Replacement of aging vehicles will reduce maintenance burdens and increase safety.
The Kent Police Department was authorized an additional three employees for both 2015 and
2016. As part of the Chief’s personnel manning plan, three of the six positions were allocated
to the Investigations and Support Divisions. Two positons are to be detectives to support the
growth in patrol and increased case load in investigations and one position was allocated as a
Support Services Commander to support the critical operations of recruiting and hiring, as well
as accreditation, policy development, and training. All three of these additional specialty and
command positions require a vehicle. The department desires to provide Ford police vehicles
for the commander and to support the two new detective positions.
Impact: By utilizing the School Zone Safety Camera fund, the police department can minimize
a negative impact to the city’s capital project fund to provide replacements for aging vehicles
and required additional vehicles for newly allocated positions.
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Kent Council Operations Committee 2015 Internal Financing for
LED Lighting Replacement Project
FINANCE
Aaron BeMiller, Director
Phone: 253-856-5260
Fax: 253-856-6255
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 15, 2016
TO: Kent City Council Operations Committee
FROM: Aaron BeMiller, Director
SUBJECT: City Investment Report
MOTION: No motion required. Information only.
SUMMARY: In 2015 the City began diversifying our investment strategy to include
opportunities outside of the Local Government Investment Pool (LGIP). Per the
investment policy, the City has created an advisory investment committee
comprised of Mayor (or designee), one member of the City’s Operations Committee,
the Public Works director, and finance director. The investment committee meets
quarterly.
The investment policy prescribes that once a quarter the finance director shall
submit a report to the Operations Committee that summarizes the portfolio’s
average rate of return, market value, and average maturity.
BUDGET IMPACT: N/A
EXHIBIT: Investment Report
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