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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/5/2013City of Kent City Council MeetingAgenda November 5, 2013 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les thomas adccW06823 This page intentionally left blank. KENT CITY COUNCIL AGENDAS November 5, 2013 Council Chambers Mayor Suzette Cooke Council President Dennis Higgins Councilmember Elizabeth Albertson Councilmember Bill Boyce Councilmember Jamie Perry Councilmember Dana Ralph Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************** COUNCIL MEETING AGENDA 5:00 p.m. 1.CALL TO ORDER/FLAG SALUTE 2.ROLL CALL 3.CHANGES TO AGENDA A.FROM COUNCIL, ADMINISTRATION, OR STAFF B.FROM THE PUBLIC – Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4.PUBLIC COMMUNICATIONS A.Public Recognition B.Community Events C.Intergovernmental Reports 5.PUBLIC HEARINGS A.2013-2014 Biennial Budget Adjustments – First Public Hearing B.2013-2018 Capital Improvement Plan Adjustments – First Public Hearing 6.PUBLIC COMMENT 7.CONSENT CALENDAR A.Minutes of Previous Meeting and Workshop – Approve B.Payment of Bills – Approve C.Excused Absence for Councilmember Ranniger for November 5, 2013 – Approve D.Goods and Services Agreement with Alpha Technologies Service for an AMPS 80 UPS Unit - Authorize E.Purchase Order with Hewlett Packard through the Western States Contracting Alliance Contract (WSCA) - Authorize F.2014 Community Development Block Grant (CDBG) Annual Action Plan –Approve G.2013 Western States Arts Federation Grant – Accept H.Recreation and Conservation Office Grant Agreement – Accept I.D.A. Hogan Consultant Agreement for Wilson Playfields – Authorize J.Joint Funding Agreement for the Cooperative Data Collection Program with the U.S. Geological Survey - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED K. Valley Channel Reestablishment Project – Approve L. Washington State Department of Ecology 2013-2015 Biennial Municipal Stormwater Capacity Grant – Accept M. 2013 Tax Levy for 2014 Budget – Set Hearing Date N. Garrison Glen Final Plat - Approve 8. OTHER BUSINESS A. Mill Creek Neighborhood Historic District Nomination, Resolution – Adopt 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. SUGGESTIONS FOR EFFECTIVE COMMENTS KENT CITY COUNCIL WELCOME HOW TO PARTICIPATE Speaking to the Council: When you are recognized by the Mayor or presiding officer, speak directly into the micro-phone and state your name and address for the record, spelling you last name. Purpose: What is the idea you wish to present? Reason: Why are you making this point? Summary: What condition will be changed or improved if your viewpoint is adopted? Action: State what you would like the City Council to do in response to your viewpoint. Please limit your comments to three minutes. AGENDAS Agendas are available at each meeting. The agenda is also posted on the City’s Website, www.KentWA.gov and is available for perusal in the City Clerk’s Office and the Kent Regional Library. 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 MEETS: Kent City Hall Council Chambers 1st and 3rd Tuesdays, 7 p.m. The first meetings in August and November are held at 5:00 p.m. In December, Council meets on the 2nd Tuesday at 7:00 p.m. Workshops 5:30 p.m. Kent City Hall 220 4th Avenue South Kent WA 98032 City Council Office 253.856.5712 citycouncil@KentWA.gov Mayor’s Office 253.856.5700 mayor@KentWA.gov The public is welcome and encouraged to participate in Kent City Council meetings, which are televised on local Comcast cable channel 21 (Kent TV21), and streamed live online at www.kenttv21.com. ABOUT THE COUNCIL The seven-member City Council is the legislative forum for the City of Kent. The Council may adopt and enforce ordinances of all kinds relating to local or municipal affairs and appropriate to the government of the City of Kent. COUNCIL COMMITTEES Council committees are comprised of three council members who meet regularly to best address their constituents’ concerns. Most items brought before the entire Council have been discussed by one of these working committees. After a review is completed, the committee makes a recommendation to the entire Council for a vote at a subsequent Council meeting. This recommendation is voted on under the “Consent Calendar,” if the vote by the committee was unanimous. COMMITTEES AND MEMBERS Operations: Les Thomas, Chair Jamie Perry, Dennis Higgins Meets 1st and 3rd Tuesdays, 4 p.m. Parks and Human Services: Deborah Ranniger, Chair Elizabeth Albertson, Dana Ralph Meets 3rd Thursday, 5 p.m. Economic & Community Development: Jamie Perry, Chair Deborah Ranniger, Bill Boyce Meets 2nd Monday, 5:30 p.m. Public Safety: Bill Boyce, Chair Dana Ralph, Les Thomas Meets 2nd Tuesday, 5:30 p.m. Public Works: Elizabeth Albertson, Chair Dana Ralph, Dennis Higgins Meets 1st and 3rd Mondays, 4 p.m. Audience participation is encouraged at all Council meetings. Citizen input is typically given during “Changes to the Agenda,” “Public Hearings,” and “Other Business”. “Changes to the Agenda” When the Mayor asks for changes to the agenda from the public, please step to the podium and give your name, address and the subject of your concern. You may ask to speak to any item on the agenda (for “Other Business” items, see below), or you may ask to add an item to the agenda. The Council will determine whether or not to add you r item to the agenda. “Public Hearing” Public hearings are held to receive input on a particular issue. When the Mayor asks for public comment, you should rise or raise your hand. Upon being recognized, step to the podium, give your name, address and state the nature of your interest or concern. “Other Business” Items under Other Business are generally discussed by the Council before action is taken. If you wish to address an item under Other Business, you may do so by following the same procedure as in Public Hearings. Comments are typically limited to three minutes per speaker. This page intentionally left blank. COUNCIL WORKSHOP CANCELLED This page intentionally left blank. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARINGS A) 2013 - 2014 Biennial Budget Adjustments – First Public Hearing B) 2013 – 2018 Capital Improvement Plan Adjustments – First Public Hearing This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A – 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through N. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of October 15, 2013. 7B. Approval of Bills. Approval of payment of the bills received through September 15 and paid on September 15 after auditing by the Operations Committee on October 15, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 9/15/13 Wire Transfers 5599 $1,627,529.89 9/15/13 Regular Checks 676544-676883 929,335.55 Void Checks (1,103.34) 9/15/13 Use Tax Payable 2,486.45 $2,558,248.55 Approval of payment of the bills received through September 30 and paid on September 30 after auditing by the Operations Committee on October 15, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 9/30/13 Wire Transfers 5619-5631 $1,305,099.50 9/30/13 Regular Checks 676884-677253 2,668,842.34 Void Checks ($20.65) 9/30/13 Use Tax Payable 974.86 $3,974,896.05 (continued on back) 7B. Approval of Bills. Approval of checks issued for payroll for September 1 through September 15 and paid on September 20, 2013: Date Check Numbers Amount 9/20/2013 Checks 332953-333107 $ 86,082.31 9/20/2013 Advices 319059-319688 1,183,163.72 $1,269,246.03 Approval of checks issued for payroll for September 16 through September 30 and paid on October 4, 2013: Date Check Numbers Amount 10/4/2013 Checks 333108-333263 $ 88,204.69 10/4/2013 Advices 319689-320315 1,183,164.39 $1,271,369.08 Kent City Council Workshop October 15, 2013 The meeting was called to order at 5:31 p.m. by Council President Dennis Higgins. Councilmembers present: Higgins, Boyce, Thomas, Perry, and Ralph. Councilmember Albertson was expected to attend and Councilmember Ranniger was excused. Interstate 405 and State Route 167 HOV Lane Letter. Council President Higgins presented the topic and introduced City Senior Transportation Planner Cathy Mooney and Design Engineer Manager Mark Howlett. Mooney discussed the project and noted that Phase One is going on and is scheduled to be completed in 2015. She reviewed Phase One and Phase Two of the projects and stated that Phase Two is from Bellevue to Renton and is scheduled to open in 2021. She highlighted that toll revenue will be used to pay for the project and keep traffic to 45 mph. She said if both objectives aren't accomplished the toll lanes will be terminated and reverted back to the existing two person carpool lanes. She communicated that the 3+ carpool free lanes during peak hours and 2+ carpool free off peak lanes is the most viabale option to all groups and a reasonable transition if future regional operations require carpool policy to be 3+ carpool. She also noted that SR 167 users were more accepting of 3+ carpool lanes because they understood the benefits of express toll lanes. She communicated the schedule of the projects. She noted that the direct connection of I405 and SR167 in Renton is the item that is most important to Kent because there are 25 properties in the right-of-way. She highlighted that the design work is going on now, but there won’t be any funding for the construction until some of the toll funding is realized. Councilmember Albertson arrived at 5:40 p.m. Council President Higgins verified with Ms. Mooney that the Washington State Department of Transportation (WSDOT) doesn’t want to change the two-person designation on SR167 until the I405/SR167 connector is built. He asked the Council to consider signing and supporting the letter. Councilmember Ralph asked if WSDOT could adjust the carpool lane on SR167 so drivers can get to the Kent exit. Mayor Cooke communicated that the State informed her that the off-ramp is too dangerous for motorists to get off of the highway because the exits are too close to meet their hot lane standards. She also stated that the City staff should investigate how close the exits are to meeting the standards. Council President Higgins communicated that he wants language added concerning better signage in the hot lanes when exiting in Kent. 1 Kent City Council Workshop Minutes October 15, 2013 2014 Budget Adjustments. Tom Brubaker Interim Chief Administrative Officer introduced the item and discussed the schedule of events. Mayor Cooke comunicated that the City is almost halfway through the biennial budget. She stated that this is the first two-year budget the City has ever had and this is the opportunity to make adjustments. She said the 2013-2014 budget was adopted at the end of 2012 and that this second year of the biennimun is for refinements. She said this is to ensure the budget is still on track. The City is in negotiations with two unions, she said, but one, the KPOA, did settle, and those adjustments are reflected in the budget adjustments. She communicated that some revisions required by the Affordable Care Act in 2014 will be seen in 2015. She said the economy is beginning to rebound and permitting demand has increased causing staffing additions. There are also some public safety concerns that will be addressed, and at some point the State may discontinue the $5 million dollar streamlined sales tax (SST) mitigation, which will cause a hit to the City’s budget. She also communicated that the City wants to explore how to increase its retail options base. Brubaker communicated that the 2014 Budget is built upon continued revenue streams such as utility taxes. He communicated how the internal utility tax is broken down. He noted that the budget, as enacted for the 2013-2014 biennium, assumes that the City will continue funding the same City services as it did in 2013, includes a utility rate increase, and funds the Capital Improvement Program (CIP). He also noted that there is $9.5 million going to water, sewer, and storm drainage projects throughout the City. He warned that although there is some good news with the budget, the debt still needs to go down, and there are unmet needs on our roads and parks. He added that the City still has a long way to go and needs to be careful on what is done with the funds. Bob Nachlinger, Finance Director highlighted that the general fund balance will have achieved the 10% reserve target by the end of the year. He also noted that the Contigency for Unanticipated Costs will be fully funded at $1,500,000, and the Strategic opportunities fund will receive its first funding. He stated that the city has paid down both internal and external debt, and that the total governmental funds balance has grown by $34.5 million over the past three years. He noted the specifics of the general fund, bonded debt, internal debt, and the governmental fund balances. He also reviewed the annual principal and interest. Nachlinger communicated about the internal debt and said there are two parts of it; unstructured and structured. He communicated that the structured debt pertains to the ShoWare operating fund which is $500,000 per year from the general fund and $1 million annually for the capital projects fund. He further stated that unstructured debt started at $14.85 million, including $2.5 million for the golf fund. He said that his estimate is that the City will reduce these by $4.5 million in 2013 and will be reduced by $4 million per year thereafter. He communicated that the City wants to pay back the unstructured debt as soon as possible to show it is responsible with its debts. Councilmember Perry questioned Brubaker whether fire hydrants and street lights were being paid for out of the general fund. Brubaker clarified that there was a 4% internal utility tax to supplement the general fund so it wasn’t burdened by the street light and hydrant cost. Due to a recent change in law, the water utility will once again 2 Kent City Council Workshop Minutes October 15, 2013 cover the cost of providing water hydrants, and to the extent fire hydrant or street light costs from the general fund are freed up, those funds will go towards IT and streets. However, because $6 or $7 million is still owed in unstructured debt, all excess money from those revenues are being directed to pay down capital debt. Mayor Cooke confirmed that the funds were to be allocated to streets and technology after it is applied to debt. Brubaker read the Code language concerning the payments. Nachlinger discussed the governmental funds total fund balances. He noted that the total fund balances started off in 2011 at a negative $14 million and now it is estimated to be $20 million in 2014. He added that the City’s rating was lowered by Standard and Poors in 2011 and the fund balance needs to be around $30 million to improve its rating. Brubaker pointed out that the City is required to separate annexation funds when reporting in the budget and it is included in this general fund document. The City is fully funding the Contingency for Unanticipated Costs fund and adding $458,690 into the Strategic Opportunities Fund at the end of this year. Nachlinger communicated that in 2014 the adopted general fund budget total for revenues is $75.7 million. At the August 28 Council workshop meeting, he added, the Council authorized an additional $385,000 which equates to a budget of $78.1 million dollars. The approved expenditure budget was a little over $74 million and there are negative $601,000 in refinements. He noted that after all the adjustments, the ending fund balance is just over $10 million. Brubaker summarized that after all the end of year allocations, current projections show that the council may have remaining $1.4 million for the City to allocate. However, there are labor negotiations, debt to pay, and other items the funds will be allocated to. Councilmember Albertson inquired about the cost allocation line. Nachlinger replied that budget line reflects the amount of general fund services that are spread out among other funds. Brubaker communicated the specific staffing adjustments to the budget and noted that some staff adjustments are intended to mitigate anticipated costs caused by compliance with the affordable healthcare act. Councilmember Boyce discussed the ability of the criminal justive fund to absorb, on an annual ongoing basis, the cost of adding two additional police officers from that fund. Brubaker communicated that it was sustainable and that there is enough room in the fund to hire two more police officers. Councilmember Ralph communicated that there were six positions frozen in the criminal justice fund and verified that two would be unfrozen. Brubaker continued and discussed Public Works and their refinements. 3 Kent City Council Workshop Minutes October 15, 2013 Councilmember Boyce communicated that there aren't enough police officers and will be advocating for the hiring of more than six police officers in the future. Councilmember Perry communicated that she is very concerned about the application of utility tax receipts and Nachlinger said he will bring more information at the next workshop. Councilmember Thomas communicated that he agreed with Councilmember Boyce on adding more officers. Council President Higgins said he would like to see information on adding transit (ORCA card) passes. Councilmember Ralph suggested looking at the two union labor contracts that are still out there and also seeking additional support for the police department. Councilmember Albertson said the water, sewer, and strorm drainage items need to be reviewed as a council. She said the rates are already high and wondered if the Council needs to look at the 5% increase closer. Council President Higgins said he would follow up with staff, and encouraged them to work with Brubaker on getting their questions answered. Brubaker communicated that the labor contract hasn't been concluded, which would cause additional drawdown on the budget and that the $1.4 milliion is “one-time” money and isn't sustainable year over year. He stated that there is tremendous unmet need in the City. Solid Waste Transfer Plan. Gina Hungerford, Environmental Conservation Specialist discussed the nine alternatives under the King County Solid Waste Transfer System Plan and noted that the Council has until October 23rd to comment on them. She suggested the Council support Alternative A or B. Council President Higgins agreed with Hungerford and communicated that he would have the letter drafted and share it with the Council for their approval. Councilmember Perry stated that if this comes to the Sound Cities Association Policy Issues Committee the City's representative should communicate that it is harmful to cities and not take a position. The meeting adjourned at 6:43 p.m. Ronald F. Moore, MMC City Clerk 4 Kent City Council Meeting October 15, 2013 The regular meeting of the Kent City Council was called to order at 7:01 p.m. by Mayor Cooke. Councilmembers present: Higgins, Albertson, Boyce, Perry, Ralph, Ranniger, Thomas. CHANGES TO THE AGENDA Tom Brubaker, Interim Chief Administrative Officer communicated that there will be two Potential Litigation items discussed in Executive Session and one item concerning Labor Negotiations as authorized per RCW 42.30.110(1)(i) and RCW 42.30.140(4). A. From Council, Administration, Staff. None. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. None. B. Community Events. None. C. Washington Urban and Community Forestry Council Award presentation to Green Kent Stewards. Victoria Andrews, Parks and Community Services discussed the Green Kent Stewards and introduced Joe Scorcio, Chair of the Washington Urban and Community Forestry Council. Mr. Scorcio explained what his organization does and the nomination process. He highlighted the accomplishments of the Green Kent Stewards and thanked them for their work. Councilmember Ralph also thanked the Green Kent Stewards. D. Proclamation for Second Annual "Green Kent Day". Mayor Cooke presented the proclamation for the Second Annual "Green Kent Day" to Victoria Andrews and discussed the event on October 26, 2013. E. Proclamation for Third Annual "Kent Turkey Challenge". Mayor Cooke discussed the Kent Turkey Challenge and Matt Lynch, Vice President of Retail Operations at Torklift accepted the proclamation. Katie Brown, Marketing Director announced how businesses could participate in the challenge and thanked the Kent Reporter for sponsoring the weekly ad and announcing the leaders in their newspaper. F. Introduction of Kent Arts Commission Reappointees. Mayor Cooke announced Kent Arts Commission reappointees Suzanne Smith, Sharona Chandra, Tonya Goodwillie, Susan Machler, and Linda Mackintosh. She also noted that Linda Denny was retiring from the Commission and has been a member for 17 years. Mayor Cooke presented a certificate of appreciation to her. Denny thanked the Council and Mayor for their support. Kent City Council Minutes October 15, 2013 Ronda Billerbeck, Parks and Community Services stated that Linda has been amazing over the years and there are openings on the Commission, including a youth position. Councilmember Ralph noted that she served on the Arts Commission for several years and is a huge fan of all the programs. She thanked all the Commissioners for their work, but especially thanked Linda for her time and efforts throughout the years. G. Introduction of Pheasants Hollow Neighborhood Council. Toni Azzola, Neighborhood Coordinator highlighted where Pheasants Hollow is located and that it consists of 115 homes. She introduced Nancy Jones, Phaesants Hollow Neighborhood Council Treasurer. Jones communicated that she looks forward to working with the City on some of the issues in the neighborhood. H. Public Safety Report. Police Chief Ken Thomas gave the public safety update. He thanked the Council for their support. Chief Thomas stated that auto theft and vehicle prowl numbers are decreasing. However, he said it is a tough crime in our region because there are a higher amount of vehicles in King County than in all of the other three local counties combined. He stated there is a decrease in robberies because summer is over and there have been 50 residential robberies this year compared to 105 last year. He noted that there is a reduction in the amount of commercial burglaries, too. Chief Thomas said the special investigations unit did a sting concerning human trafficking and prostitution and in one night 18 "johns" were arrested. He announced that K-9 Kato is back to work after his stabbing. He added that there is a group called “Vested Interest” who raised money for a vest for K-9 Kato. Through their efforts, he said there were two vests purchased and any extra funds will be given to other K-9s in the region. He noted that the handlers don't want the vests used unless there is a situation where the likelihood is high that the person is carrying a weapon. He also communicated that the Kent Police Department is participating in the Domestic Violence Detail, a national event. I. Intergovernmental Report. Council President Higgins discussed his attendance at the King County Regional Policy Committee meeting and the King County Solid Waste Interlocal Agreement was discussed. He said the City will be submitting its comments concerning its preferred solid waste plan. He added that he can't attend the Regional Transit Committee meeting and that the King County Mental Health, Chemical Abuse and Dependency Board will be meeting at the end of the month. Councilmember Ralph communicated that the South County Area Transportation Board met and there was discussion concerning South Central Avenue and doing an overlay on the road. She said she is pleased that the board sees the road as a regional connector. She added that they also discussed King County’s cutting of their snow and ice response on roads in unincorporated King County because staff has been cut in half. There was also discussion on the Washington Rail Plan. She said by 2035 rail demand in the area will double, not including coal trains and is encouraged by the support from neighboring cities concerning this. Mayor Cooke reported on Sound Cities Association Public Issues Committee and discussed the Solid Waste Interlocal Agreement and said the lead cities haven't 2 Kent City Council Minutes October 15, 2013 executed the agreement. She thanked Councilmember Ralph for attending the Senate Transportation Forum last night and for doing an outstanding job at the meeting. PUBLIC COMMENT 1. R.C. Sample, Kent, discussed the golf course and communicated that if the residents would have known six years ago about there being revenue issues there could have been more done. He highlighted that the golf course has lost over $1 million in that timeframe. He stated the answer may be to sell nine of the 18 holes at the 18 hole golf course and apply the savings on debt from the Par 3. 2. Jim Flynn, Kent, discussed Panther Lake and said it has been taken over by noxious weeds. He said the business owners and property owners in the area want to clean it up. He noted that he has talked with Council President Higgins who informed him that it is up to the State. He noted that they are forming a grassroots effort to work on cleaning it. Mayor Cooke introduced Mr. Flynn to Tim LaPorte, Public Works Director. LaPorte communicated that he and Brubaker have discussed this lake and gave a report to the Council and the public. He communicated that he would work with Mr. Flynn. CONSENT CALENDAR Council President Higgins moved to approve Consent Calendar Items A through K, seconded by Councilmember Thomas. The motion carried and the following items were approved: A. Minutes of the workshop and regular Council meetings of September 17, 2013 and October 1, 2013. B. Reappointments to the Kent Arts Commission. Mayor Cooke reappointed Suzanne Smith, Sharona Chandra, Tonya Goodwillie, Susan Machler, and Linda Mackintosh to the Kent Arts Commission which was confirmed by the City Council. C. Greenhouse Gas Emissions Reduction Resolution - Adopt. Resolution No. 1878 endorsing and adopting Greenhouse Gas Emissions Reduction Policies, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. Neighborhood Council Resolution – Pheasants Hollow - Adopt. Resolution No. 1879 recognizing the Pheasants Hollow Neighborhood Council, support its community building efforts, and confer on it all opportunities offered by the City’s neighborhood program. E. Target Zero Grand and Memorandum of Understanding - Accept. The Mayor was authorized to accept the Target Zero Grant in the amount of $26,336 for funding Target Zero Teams enforcement, media outreach, target zero teams manager, and law enforcement liaison overtime, amend the budget, and authorize expenditure of the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. 3 Kent City Council Minutes October 15, 2013 F. Kent Drug Free Communities Grant. The Mayor was authorized to accept the Kent Drug Free Coalition grant from the Department of Health and Human Services in the amount of $104,988.00, amend the budget, and authorize expenditure of the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. G. DOJ Bulletproof Vest Partnership Grant - Accept. The Mayor was authorized to accept the Bulletproof Vest Partnership FY 2013 grant in an amount of $13,151.46, amend the budget, and authorize expenditure of the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. H. Emergency Management Performance Grant – Accept. The Mayor was authorized to accept the 2013 Emergency Management Performance Grant from the State of Washington Military Department, Emergency Management Division, in the amount of $108,112, authorize amending the budget and authorize execution of any related documents, subject to final terms and conditions acceptable to the City Attorney and Emergency Manager. I. 2013-2014 Mid-Biennium Budget Adjustments – Set First and Second Public Hearing Dates. November 5, 2013 was set for the first public hearing and November 19, 2013 was set for the second public hearing of the 2014 mid-biennium budget at the regular City Council meeting. J. 2014-2018 Capital Improvement Plan – Set First and Second Public Hearing Dates. November 5, 2013 was set for the first public hearing and November 19, 2013 was set for the second public hearing of the 2014-2018 Capital Improvement Plan at the regular City Council meeting. K. Comprehensive Plan/Capital Facilities Element and Update to Kent City Code Chapter 12.13 School Impact Fees – Set Hearing Date. November 19, 2013 was set as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate the updated Capital Facilities Plans of the Auburn, Federal Way, Highline and Kent School Districts, and changes to adopted school impact fees. OTHER BUSINESS A. GreenPlay Agreement. Lori Hogan, Assistant Superintendent, Parks and Community Services discussed the agreement and noted that GreenPlay is a consulting firm that will review the City's recreation programs as a result of the Berk Study. She explained what would occur during the five -to-six month process and the specifics of GreenPlay's Pyramid Methodology. Councilmember Ralph stated this was discussed several times in the Parks and Human Services Committee and wanted to ensure this fits the Council's request to identify the need and justify programs. She verified with Hogan that by spreading this out there will be less of an impact. Hogan added that the result will be a living, breathing document that will allow everyone to voice where to have future services and evaluate what needs to be done in the future. 4 Kent City Council Minutes October 15, 2013 Councilmember Ralph moved to authorize the Mayor to sign a Consultant Services Agreement with GreenPlay in the amount of $33,950 for its assistance in reviewing the City’s recreation programs as a result of the recent efficiency study, subject to final terms and conditions acceptable to the City Attorney and the Parks Director, seconded by Councilmember Albertson. Councilmember Albertson stated that there was a robust discussion about this in the Parks and Human Services Committee meeting. She favored the GreenPlay philosophy because it asks the City if its programs are priced equitably and fairly. Also, she noted it asks how the City will continue to fund facilities and services knowing that there are budget constraints. Continuing, she said that this organization, with the experience they have will go to the community and get the answers to the hard questions like “Is the City using its funding in a responsible manner,” “Does the City have a methodology for subsidy distributions,” and “How does the City charge for services and programs that are aligned with the City’s mission, vision, and values”. She added that there will be community meetings which will assist in determining which methodology the City should use. She added that there are challenges after the parks levy did not pass. This, she concluded, is a small investment that she hopes will pay off in the future and urged Council support. Councilmember Thomas is opposed to the motion. He communicated that $33,950 can pay for a part-time clerk in the police department. He pointed out that there was a list of projects discussed in the workshop concerning roads that need repair and felt there are other expenditures needed in the City. He inquired if Parks could do something similar and come up with a list of programs for the community, staff and Council to consider first. Councilmember Albertson communicated that deciding on what failing road needs to be fixed isn’t as agonizing to decide on as deciding on what programs or parks need to be cut or closed. These will be an emotional decisions and they are harder to deal with, she communicated. Hogan communicated that the period methodology doesn’t give the City answers on what parks to close or programs to cut. It gives the City a tool by an unbiased entity which places the services on the pyramid and gives the Council the informational tool to go forward and decide what choices need to be made. Councilmember Perry said this is an objective measure to get as much information as possible. This should be done with roads, too, she stated. The City should be getting a return on investment on public dollars and this is to ensure the City is running the best operation it can run, she said. A vote was taken on the motion on the table which carried 4-1. Councilmember Thomas opposed. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 5 Kent City Council Minutes October 15, 2013 A. Council President. Council President Higgins discussed the workshop and said there was a discussion about the King County Solid Waste Transfer Plan and there will be a letter drafted concerning that item sent to the King County Council. . He also communicated that there is a letter coming drafted concerning the lack of availability motorists have to exit the I-405/SR-167 HOV lanes into Kent. He noted that the bulk of the workshop was about the budget and said the City is in the middle of the biennium cycle. He discussed the report from Finance Director Nachlinger and announced the budget adoption schedule. B. Mayor. None. C. Administration. None. D. Economic & Community Development Committee. Councilmember Perry discussed their meeting and the passage of the Downtown Subarea Action Plan which will be on the agenda at the second meeting in November. She communicated that it is a long read, but it is important for the Council to be aware of it. She said it concerns how the City will revitalize downtown and encompasses the Council Strategic Plan. She highlighted the aspects of the Strategic Plan. She also stated that there are larger proposed items like lighting, a covered pedestrian walkway over 2nd Avenue, an entertainment district, etc. She said she found that there has been a lot of outreach and both surveys and the responses are included in the plan. She thanked everyone who filled out the surveys and the people who worked on the entire plan. She mentioned that the committee passed what came out of the committee and it didn't include a rezone of the North Park District. The Committee also discussed and agreed to have a study done concerning what the right standard of parking is in Kent and whether are code has the proper utilization rate. She added that there was a community meeting on the Planned Action Ordinance and it won't come to Council until a later date. E. Operations Committee. None. F. Parks and Human Services Committee. Councilmember Albertson announced that the next Parks and Human Services Committee meeting would be on October 17 at 5:00 p.m. in the Council Chambers. G. Public Safety Committee. None. H. Public Works Committee. Councilmember Albertson thanked the three Public Works Committee members for attending the Senate Transportation Forum meetings. She said their next meeting is October 21st at 4:00 p.m. I. Regional Fire Authority. Councilmember Thomas stated that the Regional Fire Authority meets at Station 78 on October 2nd to review their budget. Councilmember Thomas confirmed for Councilmember Perry that there is a small increase in commercial and a small reduction in residential fire benefit charges. At 8:05 p.m., the Council moved into the Executive Session for a period of thirty minutes. 6 Kent City Council Minutes October 15, 2013 At 8:35 p.m., Mayor Cooke extended the Executive Session for ten minutes. At 8:45 p.m., Mayor Cooke extended the Executive Session for ten minutes. At 8:55 p.m., Mayor Cooke extended the Executive Session for ten minutes. At 8:59 p.m., the regular meeting reconvened. ADJOURNMENT The meeting adjourned at 9:01 p.m. Ronald F. Moore, MMC City Clerk 7 This page intentionally left blank. Agenda Item: Consent Calendar – 7C TO: City Council DATE: November 5, 2013 SUBJECT: Excused Absence for Councilmember Ranniger for November 5, 2013 - Approve SUMMARY: None EXHIBITS: None RECOMMENDED BY: Council President Higgins BUDGET IMPACTS: None MOTION: Approve an excused absence for Councilmember Ranniger who is unable to attend the Council meeting this evening. This page intentionally left blank. Agenda Item: Consent Calendar – 7D TO: City Council DATE: November 5, 2013 SUBJECT: Goods and Services Agreement with Alpha Technologies Service for an AMPS 80 UPS Unit - Authorize SUMMARY: This is the city of Kent Station 74 Power Upgrade. This expenditure provides the scalable power platform necessary to meet the growing power requirements for the city of Kent and the Regional Fire Authority (RFA) main data center located at Fire Station 74. The City’s current uninterrupted power supply (UPS) equipment is operating at 90% of its 20-kVA capacity. The AMPS 80 power solution will initially provide 37-kVA to meet the immediate power requirements of the city of Kent IT department and RFA. It will also scale to a capacity of 75-kVA on an as needed basis for the city of Kent and the RFA. The new hybrid system provides 62-kVA operational capacity with redundancy using “hot-swappable” rectifiers and batteries. The compact footprint provides longer battery run time, and less down time for maintenance because of its scalability and built in redundancy. The Alpha AMPS 80 UPS solution is designed to be in service for 15-20 years, approximately three times the life span of a traditional solution. The equipment requires 1/3 the physical space of traditional solutions which allows the city of Kent to increase capacity using available space EXHIBITS: a) Alpha Technologies Service, Inc. Goods & Services Agreement/Quote #082013GW3c (Exhibit A of the Goods & Services Agreement) b) Insurance Requirements (Exhibit B of the Goods & Services Agreement) RECOMMENDED BY: Operations Committee BUDGET IMPACTS: IT Operations Budget allocations approved as a part of the 2013– 2014 biennial budget process are earmarked for this expenditure. MOTION: Recommend the Mayor sign a Goods and Services Agreement with Alpha Technology Services, Inc. in the amount of $101,154 for the purchase of an Alpha Hybrid AMPS 80 uninterrupted power supply unit, subject to terms and conditions acceptable to the City Attorney and Information Technology Director. This page intentionally left blank. GOODS & SERVICES AGREEMENT - 1 (Over $10,000.00, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Alpha Technologies Services Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Alpha Technologies Services Inc. organized under the laws of the State of Nevada, located and doing business at 3767 Alpha Way Bellingham, WA 98226 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: 1 ea Hybrid AMPS-80 Modular Uninterupted Power Supply Unit configured for 37.5KVa expandable to 75KVa. See additional information on Exhibit A. Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services By 11/30/2013. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $101,154, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: One time Payment of $101,154 GOODS & SERVICES AGREEMENT - 2 (Over $10,000.00, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. GOODS & SERVICES AGREEMENT - 3 (Over $10,000.00, including WSST) V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; GOODS & SERVICES AGREEMENT - 4 (Over $10,000.00, including WSST) 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, GOODS & SERVICES AGREEMENT - 5 (Over $10,000.00, including WSST) sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option GOODS & SERVICES AGREEMENT - 6 (Over $10,000.00, including WSST) conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. GOODS & SERVICES AGREEMENT - 7 (Over $10,000.00, including WSST) VENDOR: By: (signature) Print Name: Drew Zogby Its President (title) DATE: By: (signature) Print Name: John O’Rourke Its Secretary/Treasurer (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: Alpha Technologies Services Inc. Attn: President 3767 Alpha Way Bellingham, WA 98226 360-392-2368 (telephone) 360-617-4936 (facsimile) With copy to: Alpha Technologies Attn: Contracts and Legal [Insert Address] 3767 Alpha Way Bellingham, WA 98226 [Insert Telephone Number] (telephone) [Insert Fax Number] (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Sean Kelsey City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-4611 (telephone) (253) 856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department EEO COMPLIANCE DOCUMENTS - 1 of 3 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of ____ , 20___. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20____. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ QUOTE#:082013GW3c ATTN: Sean Kelsey COMPANY: City of Kent PHONE:253-856-4600 FAX: CELL: EMAIL:skelsey@KentWA.gov 3767 Alpha Way, Bellingham, WA 98226 CC: Ph: (360) 647-2360, Fax: (360) 671-4936 PROJECT: AMPS80 Hybrid System for Fire Station Date: 7-Sep-13 Item Qty Part Number Description Price Extended Price City of Kent - Hybrid AMPS80 for Fire Station AMPS80 1 1 026-069-34 AMPS80 Hybrid Plant, scalable to 75kVA, 60kW, -48V DC, 120/208V AC 3 phase, 9 inverter shelves, 2 rectifier shelves, includes Maintenance Bypass Switch & TVSS with 140kA surge rating $26,153 $26,153 2 15 014-201-20 AIM2500 inverter module, 2.5kVA, 2.0kW, -48V DC & 120 VAC inputs and 120V AC output; 94% efficiency $1,570 $23,550 3 12 741-032-21 ABM Blanking Inverter Module $18 $216 4 6 010-622-20-040 ARM2000, 48V, 2.0kW Rectifier Module $342 $2,052 5 2 613-707-W3 Cordex 2RU Module Blank, Charcoal $11 $22 6 1 DCD1200-48-1200-M- AMPS-80/2- SHUNT1200/50 Dual - 1200Amp, 48VDC Battery Disconnect Breaker, Top Mount use with AMPS80 Battery Rack, 1200A Overload Protection, Switch Position Dry Contact (Form C), Manual Open/Close, 1200A 50mv Shunts $9,440 $9,440 Maintenance By-Pass Switch 7 1 XSE3-350-2CS-S X-Switch, Maintenance Bypass Sw, Wall Mnt, 3CB, 350A, 250V, 36"W x 12"D x 61"H, Kirk Key & SKRU $6,221 $6,221 Battery Racks and Batteries 8 2 053-051-20-A001 Battery Rack with 5 x 250A Battery Breakers; (1) 030-638-20 L0,50 Relay Rack, 23", Zone 4 Seismic, 44 RMU, 7' 0"; Grey; (1) 020-574-20 L0,23,50 Termination Panel, 800 Amps with shunt mount; 23" Rack Mounting, 1.75" Spacing; Grey; (1) 567-079-20 L Acrylic Covers - 'U' Type, 23" Rack, 24" W x 6" H, covers 3.4 RMU; (5) 030-709-20 L0,81 Battery Tray, Open Style, (4 bat), Cutout for heater mat; Breaker Mounting for Battery Disconnect; (5) 470-228-10 250 Amp GJ Breaker $4,442 $8,884 9 24 700HR 700HR, High Rate UPS Battery, Front Terminal $369 $8,856 10 1 AMPS80-2-20-START AMPS80 COM & SU, 20KVA $3,500 $3,500 Total Price:$88,894 NOTE: Freight will be prepaid and added to invoice Quote #082013GW3c Please reference quote number for all correspondence or orders resulting from this proposal. Prices: All prices in $US. These prices reflect 2012 pricing and is not retroactive to any past orders. Quotation Validity: 30 Days from9/7/2013 Ex works: Factory (Customer is responsible for all freight damage claims) Delivery: 8 - 10 WEEKS ARO *Please note that any order resulting from this quotation will be subject to our attached standard terms and conditions of sales. Prepared by;Please Address Purchase Order To: Chaun Westrich Alpha Technologies, Inc. Regional Sales Manager, CFPC 3767 Alpha Way Alpha Technologies, Inc.Bellingham, WA 98226 Cell: (360) 739.4394 Attn: Headend Power Sales cwestrich@alpha.com alphaorders@alpha.com Purchase Orders Payable to Alpha Technologies. Please Reference Quote #. 1 of 1 Sean,   I  had  our  team  run  a  freight  estimate  as  you  requested:   Ground  Freight  is  approx.  $3,814.94. We  have  materials  coming  from  Wisconsin,  Burnaby,  Canada  and  Salt  Lake  City.   Keep  is  mind  this  is  an  estimate  and  we  tend  to  error  on  the  high  side.   Thanks, Chaun Westrich Regional Sales Manager Critical Facilities Power & Construction Cell 360-739-4394 Direct: 360-392-2368 24/7 Technical Support: 800-863-3364 Customer Service: 360-647-2360 Alpha Technologies 3767 Alpha Way Bellingham WA 98226 USA Tel: 360 647 2360 Fax: 360 671 4936 www.alpha.com   Chaun Westrich <CWestrich@alpha.com> To: "Sean Kelsey (skelsey@KentWA.gov)" <skelsey@KentWA.gov> Freight Estimate September 18, 2013 2:38 PM 3 Attachments, 7 KB EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Weight   Factor    (1-­‐5) Alpha  Technologies   AMPS-­‐80 Rating Weighted   Rating APC  -­‐  G4TUPS75  –  MGE   Galaxy  4000  75  KVA Rating Weighted   Rating Eaton  -­‐  BladeUPS Rating Weighted   Rating COST $91,298.00 $148,268.00 $75,680.00 UPS  Cabinet  /  Core 5 $61,433.00 5 25 70,172.00 3 15 $48,359.00 3 15 Galaxy  requires  2  UPS's  for  redundancy  and  a  second  set  of  2  battery  Racks  (75kVA   only) Maintenance  Bypass  Switch 5 $6,221.00 5 25 12,442.00 5 25 $6,221.00 5 25 Battery  Racks 5 $8,884.00 5 25 29,154.00 0 0 $9,200.00 1 5 Eaton  Fit  one  75kVA  but  no  ability  to  expand Batteries  5 $14,760.00 5 25 30,600.00 3 15 $6,000.00 3 15 Maintenance  Contract  Annual  Cost 3 $0.00 0 5,900.00 0 $5,900.00 0 RELIABILITY Power  Feeds  and  Conversion 5 AC  &  DC  Input  Per  Module 5 25 Double  Conversion  Online 3 15 Double  Conversion  Online 3 15 Power  Transfer  Time  (ms)4 Zero 5 20 Zero 5 20 2-­‐4  ms 3 12 Power  Modules  -­‐  Mean  Time  Between  Failures  (MTBF)2 22  Years 5 10 Not  Published 4 8 Not  Published 4 8 Mean  Time  To  Recovery  (MTTR)4 Minutes 5 20 Hours 3 12 Hours 3 12 Low  Voltage  and  Modular  system  allow  staff  to  serivce  with  out  calling  for    specially   traing  personal  under  contract  for  a  4  hours  response  time. Design  Life  in  Years 3 20 5 15 10 3 9 10 3 9 Hot  Swappable  Modules 5 Yes 5 25 No 1 5 Yes 5 25 N+1  Redundancy 3 Yes 5 15 No 1 3 Yes 5 15 N+N  Redundancy 5 Yes 5 25 No 1 5 No 1 5 AC  &  DC  Feeds  at  each  rectifier 3 Yes 5 15 No 1 3 No 1 3 BATTERIES Battery  Type 2 Telecom 5 10 VRLA  (Proprietary  G4BAT)3 6 VRLA  -­‐  AGM  (Propiretary)3 6 Multiple  Manufacture  of  -­‐48  VDC  Batteries  vs  one.   Battery  Count 5 20/Rack  (2)  =  40 5 25 20/Rack  (6)  =  120 3 15 40/Rack  (2)  =  80 4 20 Battery  Voltage 5 -­‐48  VDC 5 25 240  VDC 240  VDC Low  voltage  =  replacement  and  maintenance  can  be  done  by  staff  safely Battery  Safety 5 Low  Voltage 5 25 High  Voltage 2 10 High  Voltage 2 10 Battery  Life  Cycle  (Years)5 5 4 20 5 4 20 3 2 10 Hot  Swappable  Batteries 5 Yes 5 25 No 1 5 Yes 5 25 SCALABILITY 0 0 Power  per  Rack 7.5  kVA  -­‐  75  kVA 0 75  kVA 0 12KW  -­‐  60  KW  (75  kVA)0 Modular  Power  Size 3 2.5  kVA  /  2kW 5 15 Pick  One  Size 1 3 12  KW  (15  kVA)3 9 Number  of  Modules  per  Rack 3 30 5 15 NA 1 3 6 3 9 Small  increamental  addtions  as  needed  by  2.5  kW  instead  of  12  kW.  Also  if  module   fails  or  is  out  of  service  total  capaicity  is  not  reduce  a  significate  amount.   PHYSICAL  SIZE 75  kVA  UPS  Rack  Size    (Inches)84"  x  23.6"  x  26.75"72.1"  x  33.5"  x  35.6"81"x  24"  x  42" 75  kVA  UPS  Rack  Size  (Feet)7'  x  1.97'  x  2.23'6'  x  2.79'  x  2.96'6.75'  x  2'  x  3.5' N+1  Footprint  (w/o  Battery  Racks)  (Inches)84"  x  23.6  x  26.75"72.1"  x  67"  x  33.5"81"x  24"  x  42"Room  is  120"  x  120" N+1  Footprint  (w/o  Battery  Racks)  (Feet)7'  x  1.97'  x  2.23'6'  x    5.59'  x    2.79'6.75'  x  2'  x  3.5'Room  is  10'  x  10'   Battery  rack  size  (Inches)84"x  23.6"  x  26.75"72.1"  x  26.5"  x  33.5"  81"x  24"  x  42" Battery  rack  size  (Feet)7'  x  1.97'  x  2.23'6'  x    2.20'  x    2.79'6.75'  x  2'  x  3.5' Battery  racks  needed  for  1  hour  Runtime 5 2  (75  Mins)5 25 3  (52  mins)4 20 2  (42  mins)5 25 Battery  racks  needed  for  1  hour  Runtime  (Inches)84"  x  47.2"  x  26.75"72.1"  x  99"  x  33.5"81"x  48"  x  42" Battery  racks  needed  for  1  hour  Runtime  (Feet)7'  x  3.94'  x  2.23'6'  x  8.25'  x  2.79'6.75'  x  4'  x  3.5' Overall  Size  for  N+1  and  1  hour  runtime  (Inches)84"  x  70.8"  x  26.75"72.1"  x  132"  x  33.5"81"x  72"  x  42" Overall  Size  for  N+1  and  1  hour  runtime  (Feet)7'  x  5.9'  x  2.23'6'  x  11'  x  2.79'6.75'  x  6'  x  3.5' Width  Needed  (Feet)5 6 5 25 11 1 5 6 5 25 Power  Room  has  2  walls  each  is  10  feet  long  and  have  8  feet  of  usable  space.  Both   the  Eaton  and  MGE  will  not  allow  for  second  unit  to  fit  in  room.   Depth  Needed  (Feet)3 3 5 15 3 5 15 6 1 3 Using  30  kVA  now.  Purchasing  37  kVA  need  to  be  able  to  scale  to  75  kVA,  need   room  for  150  kVA  in  Power  Room.   Back  access  required 5 No 5 25 No 5 25 Yes 1 5 EFFICIENCY 0 0 Efficiency  %  at  full  load 5 94%4 20 87%3 15 98%5 25 Efficiency  %  at  50%  Load 3 90%4 12 88%3 9 98%5 15 Efficiency  %  on  battery 5 97%4 20 95%3 15 NA 1 5 Dynamic  Load  Spikes  over  Capasity 3 110  to  150%5 15 130%  to  145%5 15 100  to  >150%5 15 Online  Thermal  Disipation  (AC)1 13,110  BTU/Hr 5 5 28,000  BTU/Hr 2 2 24,564  BTU/Hr 3 3 PROFESSIONAL  SERVICE Local  Support  Available Alpha  Technologies  Services   Inc.  Bellingham,  WA,  USA Power  Solutions  based  in   Rhode  Island 592 318 374 Runtime  Per  23"  Battery  Rack 1st  Place 2nd  Plance 3rd  Place Scalability 1st  Place 3rd  Place 2nd  Place Battery  Safety 1st  Place 3rd  Place 2nd  Place Density 1st  Place 3rd  Place 2nd  Place Modular  size  and  failover  dependency  (Cost  for   incremental  growth)1st  Place NA 2nd  Place This page intentionally left blank. Agenda Item: Consent Calendar – 7E TO: City Council DATE: November 5, 2013 SUBJECT: Purchase Order with Hewlett Packard through the Western States Contracting Alliance Contract (WSCA) – Authorize SUMMARY: This is the city of Kent Desktop Refresh Project. In collaboration with departments throughout the City, the HP 8300 Small Form Factor Desktop has been selected as the product offering of choice for the City’s Desktop Refresh initiative. Hewlett Packard is an industry leader in the desktop field. Hewlett Packard is a member of the Western States Contracting Alliance (WSCA). As a cooperative member association, WSCA provides deep discount national purchasing power. WSCA utilizes a competitive sealed bid process to obtain pricing for all equipment and services provided through their registered vendors, including Hewlett Packard. City staff have leveraged the WSCA efforts pursuant to KCC 3.70.030 – Advertised Bids and secured contract terms commensurate to WSCA pricing for Personal Computers. Hewlett Packard will be engaged for product procurement and maintenance services for the deployment and duration of maintenance and support for these desktops. EXHIBITS: a) Nu-Oz/Hewlett Packard Quote; b) WSCA Contract; c) Washington State Addendum; d) WSCA Members list RECOMMENDED BY: Operations Committee BUDGET IMPACTS: IT Capital Budget allocations approved as a part of the 2013– 2014 biennial budget process are earmarked for this project. MOTION: Recommend the Mayor sign a Purchase Order in the amount of $143,829 for the purchase of 185 HP 8300 Desktop PC’s, services, and maintenance, subject to terms and conditions acceptable to the City Attorney and Information Technology Director. This page intentionally left blank. Please make the P.O. out to Hewlett-Packard under the WSCA/NASPO contract and fax the purchase order to Unisoft Networks 425-968-1001 to process. Payment will be made to Hewlett-Packard Hewlett-Packard P.O. Box 101149 Atlanta, GA 30392-1149 Do not send your Purchase Order to this address as it is for payment only. ONLINE PRICE QUOTATION Quote Number: 8987771 Quote Name: Today's Date : 10/7/2013 4:10:31 PM Quote Created Date : 10/7/2013 4:10:01 PM Created By: bonniea@unisoftnetworks.com Contract: WA - STATE OF WASHINGTON STANDARDS (WSCA/NASPO) ( T10-MST-297-STD ) Product availability and product discontinuation are subject to change without notice. The prices in this quotation are valid for 30 days from quote date above. Please include the quote number and contract from this quote on the corresponding purchase order. Use the File - Print option to print this form for your future reference. Items/description Part no Unit price Qty Ext price HP 8300 Elite Small Form Factor $671 QV996AV - HP Compaq Elite 8300 Small Form Factor Desktop PC Base $671.00 185 $124,135.00 HP Compaq Elite 8300 Small Form Factor Desktop PC QV996AV Windows 7 Professional 64bit A3J43AV#ABA Energy Efficiency N/A Intel Core i5-3470 Processor (3.20 GHz, 6 MB Cache) Intel HD Graphics 2500 QW438AV Chipset Intel® Q77 Express Chipset 4GB DDR3-1600 DIMM (1x4GB) RAM QW539AV 500GB 7200 RPM 3.5 1st Hard Drive QW481AV Real-time data backup EXHIBIT A No Item Selected Cable option kits No Item Selected SuperMulti DVDRW Optical Drive QW519AV NVIDIA NVS 300 512MB PCIe x16 (DMS-59 Dual VGA) 1st QW460AV HP DisplayPort To DVI-D Adapter QW377AV Integrated Network Integrated Intel 82579 GbE HP USB Standard Keyboard B2L88AV#ABA HP USB Optical BLK Mouse VL506AV HP Compaq Elite 8300 SFF 90% High-Efficient Chassis QW005AV Single Unit (SFF) Packaging XL536AV 3/3/3 SFF Warranty QW658AV#ABA HP Compaq Elite 8300 Country Kit (Includes a Quick Setup & Getting Started manual in English and a country-specific power cord) QW671AV#ABA HP 4y NextBusDay Onsite DT Only HW Supp U7897E $39.00 185 $7,215.00 Subtotal: $131,350.00 The terms and conditions of the WA - STATE OF WASHINGTON STANDARDS (WSCA/NASPO) will apply to any order placed as a result of this inquiry, no other terms or conditions shall apply. EXHIBIT B HP Public Sector Online Store 6/3/13 7:S9 AM » Trade-in information » Product Specs » Recycling » Warranty coverage and look -up » Save More Money » Customer satisfaction questionnaire » Website Assistance or call 800,607.3567 J and Services that fall within the scope and definition as allowed under the contract. The HP WSCA/NASPO contract offers purchasing entities (State & Local Government, Higher Education and K-12 Education) an efficient way to procure our products at discounted prices. Our WSCA/NASPO website will assist you with product and services information, product configuration and pricing, how -to - order, warranty support, and pointers to many other HP resources for your use. • Access the latest rice list • View product specifications • Create quotes with real-time pricing • Inquire about order status • View product/price comparisons Printers and Personal Systems Group Printer, Desktops, Notebooks, Workstations Thin Clients, Monitors and more Inside Sales Representative State and Local Govenment Ezra Shepard Phone: 888,489,0770 ezra.shepardt.hp.com Account Manager State and Local Government Paul Lutton Phone: 253,589,0295 paul.lutton(ftp.com Inside Sales Representative K-12 and Higher Education Kelly Boyle Phone: 800.277.8988 ext. 7715686 kelly.boyle cAhp.com Account Manager K-12 and Higher Education John Pexton Phone: 425.418.7311 iohn.m.pexton ..hp.com Servers and Storage Inside Sales Representative Edward Travis Phone: 888,202,4682, ext. 7712713 edward.travis ccDhp.com Post Sales Assistance (including order status): Phone: 888.OW) .4682, option 3 State and Local Government WASTLGOVCa hp.com Higher Education WAHIEDCa�HP.COM K-12 WAK12()HP.00M Workstations » Color Printers »Black &White Printers » Thin Clients � »Laser i Multifunction Printers P » All -in -One Printnters More Products » Computing Accessories » Scanners and Fax » Monitors & Digital Signage » HP Large Format Printers » Services & Support » Networking » Servers » Storage » Rack and Power » Software Solutions » Printing Supplies & Accessories » Public Sector Custom Bundles and Skus Please note: TVs, Cameras and Calculators are not available on the WSCA/NASPO Contract Order information For direct orders only: Purchase Orders should be submitted directly to HP via http://gem.compaq.com/gemstore/home.asp?jumpid=ex_r3962_washington/b2bvanity Page 2 of 4 HP Public Sector Online Store 6/3/13 7:59 AM fax at 800,825.2329 or via email at PSorderorocessina(a)hp.com. The Purchase Order should include a copy of the quote, the ship to location, delivery date requirement, the Contract Number, and any other special requirements and if applicable, the HP Authorized Reseller Agent name or authorization number (OID number). The reseller agent's authorization number (OID number) and/or name should be designated in the body of the PO, fax cover page, email or can be selected or noted in the Special Instructions portion of the online order. Ordering address: HP Direct C10 3M 10810 Farnam Drive Omaha, NE 68154 Ordering fax: 1.800.825.2329 Sales and Order Status: State/Local Govt - 1.888.202.4682 Education - 1,800,888,3224 eBusinessSupport0h).com Returns A return material authorization (RMA) is required on all returns. Please have a copy of the packing slip available when you call. To arrange a return, please call: State and Local Government - 1.888.202.GOV.2 Standard warranty Your HP computer comes witIn one of the best warranties in the business. Visit www,hi).com/bizsupi)ort for more information! 0 Printable version Privacy statement Limited warranty statement Usina this site means you accept its terms Feedback to Government and Education © 2013 Hewlett-Packard Development Company, L.P. http://gem.compaq.com/gemstore/home.asp?jumpid=ex_r3962_washington/b2bvanity Page 3 of 4 NASPO MATERIALS MANAGEMENT DIVISION innesota National Association of Swe Procurement Off ials PARTICIPATION AGREEMENT for participation in WSCA/NASPO Premium Savings Packages (WNPSP) based on WSCA/NP%%? PC Contracts 2009-2014 This Participation Agreement is between the State of Minnesota, through its commoner of Administration, Materials Management Division ("Division") and ("Participating Entity"). Pursuant to Minn. Stat. 16C.031 subd. 10, the Division acquires various supplies, commodities, equipment, and services for state agencies and eligible entities (as defined in Minn. 5tat, 5 16C.03, subd. 10) through competitive bidding or requests for proposals. The Division, through Minn. 5tat. § 16C.11, and the Participating Entity wish to combine their purchasing functions, as specifically provided below, so that the Participating Entity may avail itself of the prices which have been agreed upon by the Division and its vendors for specifically defined "Premium Savings Packages" for specified PC's. This cooperative agreement is intended to make the PC Premium Savings Packages pricing established within the W5CA/NA5PO PC Contracts ("Contracts") that the Division leads and manages for W5CA/NA5PO available to the Participating Entity, The WSCA/NASPO PC Contracts are effective on September 1, 2009, and will expire on August 31, 2014, if all permitted extensions are exercised. The parties agree as follows: 1. Term. This participation agreement will be effective on the date Division obtains all required signatures under Minn. 5tat. a 16C.051 subd. 2, and remains effective until the WSCA/NA5P0 PC Contracts expire, based on the Division's management of these contracts. Unless the Participating Entity chooses to set a different date, this cooperative agreement has the same "term" as the basic W5CA/NA5P0 PC Contracts. This cooperative agreement may be canceled by either party upon 30 days' written notice to the other party. 2. Services. The Division will make the pricing for the PC Premium Savings Packages units within the W5CA/NASPO PC Contracts, listed on the Division website, available to the Participating Entity. These services are provided, by Division for W5CA/NASPO, in return for the volume Participating Entity adds to the cooperative. 3. Other Terms and Conditions This participation agreement is based on the current Participating Addenda of the Participating Entity in the W5CA/NASPO PC Contracts and includes by reference all the terms, conditions and requirements of that joint powers agreement or intent to participate. Designated Contacts The designated Contract Administrator is responsible for the administration and management of the W5CA/NASPO PC Contracts, A W5CA/NA5P0 Premium Savings Package Chair and a WSCA/NASPO Premium Savings Package Support person have been designated to administer and manage the Premium Savings Package Program within the W5CA/NA5PO PC Contracts, WNPSP Participation Form 1(7/2009) W5CA/NAP50 Premium Savings Packages Page 1 of 5 Pages Participation Agreement for State of xxxxxxxxxxxx 'I. NASPO National Association of Stale Procurement Officials �r�►nesot8 MATERIALS MANAGEMENT DIVISION Contract Administrator (Responsible for managing the contracts, relationships with Purchasing Entities and all actions related to the Master Price Agreements) Name: Bernadette Kopi#;l%w Title: W5CA/NA5P0 Contract Administrator Agency Name: Minnesota Department of Administration Materials Management Division Address: 112 Administration Building, 50 Sherburne Avenue, St. Paul, MN 55155 Telephone: 651620102450 Fax Number: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 E-mail: bernie.kopischke@state.mn.us WSCA/NASPO Premium Savings Packages Chair (Responsible for coordinating technology Premium Savings Packages among WSCA/NA5PO states, co -administer management of Premium Savings Packages among WSCA contractors, and coordinate Premium Savings Packages processes) Name: Patrick Forster Title: IT Program Administrator Agency Name: State of North Dakota ND Information Technology Dept. Address: 600 E Boulevard Ave., Dept 112, Bismarck, ND 58505-0100 Telephone: 701032861992 E-mail: pforster@nd.gov WSCA/NASPO Premium Savings Package Support (Responsible for assisting the Chair in all activities related to the PSP and the PSP Team) Name: Kathryn Offerdahl Title: WSCA/NASPO Cooperative Development Analyst Agency Name: WSCA Address: 1960 Cliff Lake Rd., Suite 129-237, Eagan, MN 55122 Telephone: 612-284-4384 Fax Number: 952-392-4580 E-mail: kofferdahl@amrms.com WNPSP Participation Form 1(7/2009) WSCA/NAP50 Premium Savings Packages Page 2 of 5 Pages Participation Agreement for State of xxxxxxxxxxxx r \I/ NASPO National Assoaubon of Sutt Procurement Off ills n�sots MATERIALS MANAQEMENT DIVISION Participating Entity has designated the following individuals to represent them as part of the Premium Savings Packages coordinating team for this agreement Procurement Representative: Name: Title: Agency Name: Address: Telephone: Fax Number: TTY: E-mail: Technology Representative: Name: Title: Agency Name: Address: Telephone: Fax Number: TTY: E-mai I : PARTICIPATING ENTITY [Participating Entity certifies that the individual executing this agreement has the legal authority to bind the Participating Entity to contracts and agreements.) By: (Authorized Signature) (Typed or Printed Name of Individual Signing) (Title) (Date) STATE OF MINNESOTA For the Commissioner of Administration by delegation: By: Assistant Director, Materials Management Division (Date) WNPSP Participation Form 1(7/2009) WSCA/NAPSO Premium Savings Packages Page 3 of 5 Pages Participation Agreement for State of xxxxxxxxxxxx ' innesota N A S PO MATERIALS MANAGEMENT DIVISION National Association of State Procurement Officials Attachment A Premium Savings Packages (WNPSP) Process The purpose of this process is to establish a series of technical Premium Savings Packages for personal computers and related goods on the WSCA/NASPO PC Contracts that create a "level playing field" for the pricing of these units for purchase by participants. The process takes place at two levels, within each participating entity and between the participating entities. Between the Participating Entities: A "Premium Savings Packages coordinating team" will meet monthly, on a conference call, to coordinate the Premium Savings Packages between participating entities, provide overall coordination of the Premium Savings Packages process and lead the efforts to expand the Premium Savings Packages, The Premium Savings Packages coordinating team will be chaired by the WSCA/NASPO PC Premium Savings Packages chair, the WSCA/NASPO PC Contract Administrator will act as the backup chair. Each participating entity will be represented by two designated individuals (one from procurement and one from the technology authority). Within each Participating Entity: It is recommended that each participating entity create its own "Premium Savings Packages coordinating team" or something like that to work within the participating entity on creating, validating and implementing Premium Savings Packages. How this process works within a participating entity is up to that entity. All that needs to happen is the proposals and recommendations of the PC Premium Savings Packages coordinating team needs to be acted upon by each participating entity. General Process Flow: The intent is to refresh the Premium Savings Packages twice a year, effective May 1st and WNPSP Participation Form 1(7/2009) W5CA/NAPSO Premium Savings Packages Page 4 of 5 Pages Participation Agreement for State of xxxxxxxxxxxx �I. NASPO National Assodation of Stale Pwvremenl Off ials YYLL�1, i�eeeet�r MATERIALS MANAGEMENT DIVISION November 1st. This is intended to be within the fiscal year of both states and local units of government participating in the process. Premium Savings Packages will be developed and proposed continuously by the PC Premium Savings Packages coordinating team and the participating entity Premium Savings Packages coordinating teams. The actual dates for specific activities will be coordinated by the PC Premium Savings Configurations coordinating team for each cycle, so that to the maximum extent possible things are happening in all participating entities at the same time. This coordination will be a challenge given the four time zones (or more) potentially involved. Minnesota will coordinate/deal with the WSCA/NASPO PC Contract manufacturers. Each participating entity (including Minnesota) will coordinate/deal with its own individual VARS or resellers. September/March -generally within the first 10 work days of the month - an "open forum" with interested parties (manufacturers and VARS or resellers). The purpose of this open forum is to solicit comments about proposed Premium Savings Packages from the industry before actually proposing the Premium Savings Packages for response. Input is due back to the appropriate authority (Minnesota or participating entity) by the 20th of the month (or the first work day after the 20th of the month). October/April -generally within the first 10 work days of the month - an informal solicitation is released to WSCA PC Contract manufacturers by Minnesota) and individual VARS or resellers (by each participating entity). The format for these informal solicitations will be uniform and responses will be due in a uniform format. Responses will be due by the 15th of the month (or the first work day after the 15th of the month). - generally by the 25th of the month (or the first work day after the 25th of the month) Minnesota and each participating entity will announce the accepted offers. May 1/November 1 -pricing is refreshed and in place. This process is subject to adjustment and modification by the PC Premium Savings Packages coordinating team. Adjustments and modifications will be effective on the monthly call after the adjustment or modification is presented to the PC Premium Savings Packages coordinating team to allow time for comments by participating entities. WNPSP Participation Form 1(7/2009) W5CA/NAP50 Premium Savings Packages Page 5 of 5 Pages Participation Agreement for State of xxxxxxxxxxxx WESTERN STATES CONTRACTING ALLIANCE MASTER PRICE AGREEMENT for COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES Number B27164 This Agreement is made and entered into by Hewlett Packard Company, Hewlett- Packard Company, 11445 Compaq Center Drive W, Houston, TX 77070 ("Contractor" or "HP") and the State of Minnesota, Department of Administration ("State") on behalf of the State of Minnesota, participating members of the National Association of State Procurement officials (NASPO), members of the Western States Contracting Alliance (WSCA) and other authorized Purchasing Entities. RECITALS WHEREAS, the State has the need to purchase and the Contractor desire to sell; and, WHEREAS, the State has the authority to offer contracts to CPV members of the State of Minnesota and to other states. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: INTENT AND PURPOSE The intent and purpose of this Agreement is to establish a contractual relationship with equipment manufacturers to provide, warrant, and offer maintenance services on ALL Products proposed in their response to the RFP issued by the State of Minnesota. Delivery, support, warranty, and maintenance may be provided by the Contractor using subcontractors. The Contractor agrees to take legal responsibility for the warranty and maintenance of all Products furnished under this Agreement. The Contractor is responsible for the timeliness and quality of all Services provided by individual subcontractors. Subcontractor participation will be governed by individual Participating Entities, who have the sole discretion to determine if they will accept Services from a subcontractor. Individual Purchasing Entities may enter in to lease agreements for the Products covered in this Master Price Agreement, if they have the legal authority to enter into these types of agreements without going through a competitive process, and if the Contractor submitted copies of its lease agreements with its response to the RFP. The lease agreements were not reviewed or evaluated as part of the RFP evaluation process. The agreements are located in Exhibit C, Value -Added Services. 1 of 42 The Agreement is NOT for the purchase of major, large hardware or hardware and software offerings. In general, individual units/configurations for servers and storage (SANs, etc.) should not exceed $300,000 each. Desktop per unit/configuration costs should not exceed $100,000. Printers of all types and monitors per unit/configuration costs should not exceed $50,000 each. It is the expressed intent of some of the Participating States to set this level at not to exceed $25,000 each, or $50,000. Contractors must be willing to comply with these restrictions by agreeing to supply Products in those price ranges only. This IS NOT a restriction on how many units/configurations can be purchased, but on the value of each individual unit/configuration. Individual Participating States and Participating Entities may set specific limits in a participating addendum above these limits, with the prior approval of the WSCA Directors; or may set specific limits in a participating addendum below these limits. Contractors may offer, but participating states and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the Agreement. Definitions "Announced Promotional Price" are prices offered nationally to specific categories of customers (Consumer, Business or government) for defined time periods under predefined terms and conditions. "Consumables" those items that are required for the operation of the Equipment offered or supplied which are consumed over time with the purchaser's use of the equipment are included — printer cartridges, batteries, projector bulbs, etc. Consumables such as magnetic media, paper and generally available office supplies are excluded. "Configuration" in most instances in this document means a total system configuration. This may include more than one model or part number (or SKU), or a combination of hardware, software, and configuring of the system to make the system work. "Contract" means a binding agreement for the procurement of items of tangible personal property or Services. Contract and Master Price Agreement are used interchangeably in this document. "Contractor" means the successful Responder who enters into a binding Master Price Agreement. The Contractor is responsible for all sales, support, warranty, and maintenance services for the Products included in this Agreement. The Contractor must manufacture or take direct, non -assignable, legal responsibility for the manufacture of the equipment and warranty thereof. For the purposes of this Contract, the term Contractor and Contract Vendor are synonymous. "CPV Member" is any governmental unit having independent policy making and appropriating authority, that is a member of Minnesota's Cooperative Purchasing Venture (CPV) program. "CPV Program." The Cooperative Purchasing Venture (CPV) program, as established by Minn. Stat. § 16C.03, subd. 10, authorizes the commissioner of 2 of 42 Administration to "enter into a cooperative purchasing agreement for the provision of goods, services, and utilities with [governmental entities] ..., as described in section 471.59, subdivision 1." Based on this authority, the commissioner of Administration, through the Materials Management Division (MMD), enters into a joint powers agreement that designates MMD as the authorized purchasing agent for the governmental entity. It is not legal for governmental entities that are not members of the CPV program to purchase from a State contract. Vendors are free to respond to other solicitations with the same prices they offer under a contract, but that is not considered use of the "State contract price." "Cumulative Volume Discount" refers to the increased discounts by Product group or Band under the HP Product and Service Schedule (PSS) which may be offered by HP based on HP's evaluation of its pricing policies and structures on a periodic six month basis. If Cumulative Volume Discounts are recommended by HP, HP's written request for the increased discount is submitted to the WSCA/NASPO Contract Administrator for approval. The increased Cumulative Volume Discount is effective for orders after the later date of receipt of approval from the WSCA/NASPO Contract Administrator or the effective date spefified in the HP written request for approval. "Documentation" refers to manuals, handbooks, and other publications listed in the PSS, or supplied with Products listed in the PSS, or supplied in connection with Services. Documentation may be provided on magnetic media or may be downloaded from the Contractor's web site. "E-Rate" is a program sponsored by the Federal Communications Commission whereby educational and other qualifying institutions may purchase authorized technology at reduced prices. "Educational Discount Price" means the price offered in a nationally announced promotion, which is limited to educational customers only. "Equipment" " means workstations, desktop, laptop (includes Tablet PC's), handheld (PDA) devices, projectors, servers, printers, monitors, computing hardware, including upgrade components such as memory, storage drives, and spare parts. AUDIO VISUAL PRODUCTS (digital cameras, televisions, whiteboards, etc.) are NOT included in this RFP or subsequent contracts. The exception to this definition is whiteboards, which can be sold as part of the Instructional Bundles, but not as a stand-alone item. "FCC" means the Federal Communications Commission or successor federal agency. In the event of deregulation, this term applies to one or more state regulatory agencies or other governing bodies charged to perform the same, or similar, role. "General Price Reduction Price" means the manufacturer's suggested retail price (MSRP) offered to consumer, business or governmental purchasers at prices lower than PSS pricing. General price reduction prices will be reflected in the PSS as soon as practical. "Lead State" means the State conducting this cooperative solicitation and centrally administering any resulting Master Price Agreement(s). For this Master 3 of 42 Price Agreement, the Lead State is Minnesota. "Mandatory" The terms "must" and "shall" identify a mandatory item or factor. "Manufacturer" means a company that, as its primary business function, designs, assembles, owns the trademark/patent and markets computer equipment including workstations, desktop computers, laptop (includes Tablet PC's) computers, handheld (PDA) devices, servers, printers, and storage solutions/auxiliary storage devices. The manufacturer must provide direct un- infringed unlimited OEM warranties on the Products. The manufacturer's name(s) shall appear on the computer equipment. The Contractor(s) shall provide the warranty service and maintenance for Equipment on a Master Price Agreement as well as a Takeback Program. "Master Price Agreement" means the contract that MMD will approve that contains the foundation terms and conditions for the acquisition of the Contractor's Products and/or Services by Purchasing Entities. The "Master Price Agreement" is a permissive price agreement. In order for a Purchase Entity to participate in a Master Price Agreement, the appropriate state procurement official or other designated procurement official must be a Participating State or Participating Entity. "Materials Management Division" or "MMD" means the procurement official for the State of Minnesota or a designated representative. "NASPO" means the National Association of State Procurement Officials "Participating Addendum" or "Participating Addenda" means a bilateral agreement executed by the Contractor and a Participating State or political subdivision of a State that clarifies the operation of the price agreement for the State or political subdivision concerned, e.g. ordering procedures specific to a State or political subdivision and other specific language or other requirements. Terms and conditions contained in a Participating Addendum shall take precedence over the corresponding terms in the master price agreement. Additional terms and conditions, including but not limited to payment terms, may be added via the Participating Addendum. However, a Participating Addendum may not alter the scope of this Agreement or any other Participating Addendum. Unless otherwise specified, the Participating Addendum shall renew consecutively with the Master Price Agreement. One digitally formatted, executed copy of the Participating Addendum must be submitted to the WSCAMASPO Contract Administrator PRIOR to any orders being processed. "Participating State" or "Participating Entity" means a member of NASPO (Participating State) or a political subdivision of a NASPO member (Participating Entity) who has indicated its intent to participate by signing an Intent to Participate, where required, or another state or political subdivision of another state authorized by the WSCA Directors to be a party to the resulting Master Price Agreement. "PDA" means a Personal Digital Assistant and refers to a wide variety of handheld and palm -size PCs, and electronic organizers. PDA's usually can store phone numbers, appointments, and to-do lists. PDA's can have a small keyboard, and/or have only a special pen that is used for input and output. The 4 of 42 PDA can also have a wireless fax modem. Files can be created on a PDA which is later entered into a larger computer. NOTE: For this procurement, all Tablet PC's are NOT considered PDA's. The Contractor(s) shall provide the warranty service and maintenance for Equipment on a Master Price Agreement as well as a Takeback Program. "Peripherals" means any Product that can be attached to, added within, or networked with personal computers or servers, including but not limited to storage, printers (including multifunction network printers), scanners, monitors, keyboards, projectors, uninterruptible power supplies and accessories. Software, as defined in the RFP, is not considered a peripheral. Adaptive/Assistive technology devices are included as well as configurations for education. Peripherals may be manufactured by a third party, however, Contractor shall not offer any peripherals manufactured by another contractor holding a Master Price Agreement without the prior approval of the WSCA/NASPO Contract Administrator. AUDIO VISUAL PRODUCTS (digital cameras, televisions, whiteboards, etc.) are NOT included in the contract. The exception to this definition is whiteboards, which can be sold as part of the Instructional Bundles, but not as a stand-alone item. The Contractor(s) shall provide the warranty service and maintenance for Equipment on a Master Price Agreement as well as a Takeback Program. "Permissive Price Agreement" means that placement of orders through the Price Agreement is discretionary with Purchasing Entities. They may satisfy their requirements through the Price Agreement without using statutory or regulatory procedures (e.g., invitations for bids) to solicit competitive bids or proposals. Purchasing Entities may, however, satisfy requirements without using the Price Agreement as long as applicable procurement statutes and rules are followed. "Per Transaction Multiple Unit Discount" means Purchasing Entity -specific, transaction(s)-specific, large volume negotiated price based on firm quantity and configuration buys during a set timeframe (also referred to as "Big Deal" pricing). "Political Subdivision" means local pubic governmental subdivisions of a state, as defined by that state's statutes, including instrumentalities and institutions thereof. Political subdivisions include cities, counties, courts, public schools and institutions of higher education. "Price Agreement/Master Price Agreement" means an indefinite quantity contract that requires the Contractor to furnish Products or Services to a Purchasing Entity that issues a valid Purchase Order. "Procurement Manager" means the person or designee authorized by MMD to manage the relationships with WSCA, NASPO, and Participating States/Participating Entities. "Product(s)" means personal computer equipment, peripherals, LAN hardware, pre -loaded Software, and Network Storage devices, but not unrelated services. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Products and Services Schedule Prices" or "PSS" refers to a complete list, grouped by major Product and/or Service categories, of the Products and 5 of 42 Services provided by the contractor that consists of an item number, item description and the Purchasing Entity's price for each Product or Service. All such Products and Services shall be approved by the WSCA/NASPO Contract Administrator prior to being listed on a Contractor -supplied web site accessed via a URL. The Contractor(s) shall provide the warranty service and maintenance for all Equipment listed on the PSS on a Master Price Agreement as well as a Takeback Program. "Purchase Order" means an electronic or paper document issued by the Purchasing Entity that directs the Contractor to deliver Products or Services pursuant to a Price Agreement. "Purchasing Entity" means a Participating State or another legal entity, such as a political subdivision, properly authorized by a Participating State to enter into a contract for the purchase of goods described in this solicitation. Unless otherwise limited by statute, in this solicitation or in a Participating Addendum, political subdivisions of Participating States are Purchasing Entities and authorized to purchase the goods and/or Services described in this solicitation. "Refurbished Products" are Products that may have been powered on or used by another customer that have been fully retested, defective parts replaced, and repackaged to meet original factory specifications. "Services" are broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of Products offered or supplied under the Master Price Agreement. These types of Services may include, but are not limited to: warranty services, maintenance, installation, de -installation, factory integration (software or equipment components), asset management, recycling/disposal, training and certification, pre -implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a Product offered or supplied. General consulting and all forms of aaplication development "Servicing Subcontractor/Subcontractor/Reseller Agent" means a Contractor authorized and state -approved subcontractor who may provide local marketing support or other authorized services on behalf of the Contractor in accordance with the terms and conditions of the Contractor's Master Price Agreement. A wholly owned subsidiary or other company providing warranty or other technical support services qualifies as a Servicing Subcontractor. Local business partners may qualify as Servicing Subcontractors. Servicing Subcontractors may not directly accept Purchase Orders or payments for Products or Services from Purchasing Entities, unless otherwise provided for in a Participating Addendum. Servicing Subcontractors shall be named individually or by class in the Participating Addendum. The Contractor(s) actually holding the maintenance for equipment the subcontractor has provided on a Master Price Agreement as well as the Takeback Program. "Standard Configurations" or "Premium Savings Configurations" means discounted standard configurations that are available to Purchasing Entities 6 of 42 using the Master Price Agreement only. Any entity, at any time, that commits to purchasing these Configurations adopted by their State or other Purchasing Entities shall receive the same price from the contract awardees. This specification includes a commitment to maintain and upgrade (keep pace with the advance of technology) the standard configurations for a stated period of time or intervals. "State Procurement Official" means the director of the central purchasing authority of a state. "Storage Solution/Auxiliary Storage" means the technology and Equipment used for storage of large amounts of data or information. This includes technologies such as: Network Attached Storage (NAS) and Storage Area Networks (SAN). The Contractor(s) shall provide the warranty service and maintenance for eauiament on a Master Price Aareement as well as a Takeback Proaram, "Takeback Program" means the Contractor's process for accepting the return of the Equipment or other Products at the end of life —as determined by the State utilizing the Master Price Agreement, subject to section 17 of this Agreement. Software licenses, excluding software media; stand-alone scanners; and stand- alone fax machines are not subject to the Takeback Program. "Trade In" refers to the exchange of used Equipment for new Equipment at a price reduced by the value of the used Equipment. "Travel" means expenses incurred by authorized personnel directly related to the performance of a Service. All such expenses shall be documented in a firm quotation for the Purchasing Entity prior to the issuance and acceptance of a Purchase Order. Travel expenses will be reimbursed in accordance with the purchasing entities allowances, if any, as outlined in the PA. "Universal Resource Locator" or "URL" means a standardized addressing scheme for accessing hypertext documents and other services using the WWW browser. "WSCA" means the Western States Contracting Alliance, a cooperative group contracting consortium for state procurement officials, representing departments, institutions, agencies, and political subdivisions (i.e., colleges, school districts, counties, cities, etc.) for the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Minnesota, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming. "WSCA/NASPO Contract Administrator" means the person or designee authorized by MMD to manage all actions related to the Master Price Agreements on behalf of the State of Minnesota, the participating NASPO and WSCA members, and other authorized purchasers. 2. Scope of Work The Contractor, or its approved subcontractor, shall deliver computing system Products and Services to Purchasing Entities in accordance with the terms of this agreement. This Agreement is a "Master Price Agreement". Accordingly, the Contractor shall provide Products or Services only upon the issuance and acceptance by Contractor of 7 of 42 valid "Purchase Orders". Purchase Orders may be issued to purchase the license for software or to purchase Products listed on the Contractor's PSS. A Purchasing Entity may purchase any quantity of Product or Service listed in the Contractor's PSS at the prices in accordance the Paragraph 13, Price Guarantees. Subcontractor participation is governed by the individual Participating State procurement official. The Contractor is required to provide and/or agree to take legal responsibility for the warranty and maintenance of all proposed equipment, including peripherals. Taking legal responsibility means the Contractor must provide warranty and maintenance call numbers, accept, process and respond to those calls, and be legally liable for and pay for those warranty and maintenance (under warranty) activities The Contractor shall offer a Takeback Program for all Products covered by this Agreement, unless otherwise noted herein. 3. Title Passage The Contractor must pass unencumbered title to any and all Products purchased under this Contract upon receipt of Product by the Purchasing Entity. This obligation on the part of the Contractor to transfer all ownership rights does not apply to proprietary materials owned or licensed by the Contractor or its subsidiaries, subcontractors or licensor, or to unmodified commercial software that is available to the State on the open market. Ownership rights to such materials shall not be affected in any manner by this Agreement 4. Permissive Price Agreement and Quantity Guarantee This Agreement is not an exclusive agreement. Purchasing Entities may obtain computing system Products and Services from other sources during the agreement term. The State of Minnesota, NASPO and WSCA make no express or implied warranties whatsoever that any particular number of Purchase Orders will be issued or that any particular quantity or dollar amount of Products or Services will be procured. 5. Order of Precedence Each Purchase Order that is accepted by the Contractor shall become a part of the Agreement as to the Products and Services listed on the Purchase Order only; no additional terms or conditions will be added to this Agreement as the result of acceptance of a Purchase Order. The Contractor agrees to accept all valid Purchase Orders. In the event of any conflict among these documents, the following order of precedence shall apply: A. Executed Participating Addendum(s); B. Terms and conditions of this Agreement, including Amendments; C. Exhibits to this Agreement; D. The list of Products and Services contained in the purchase order; E. The request for proposals document; and F. Contractor's proposal including best and final offer. 6. Payment Provisions All payments under this Agreement are subject to the following provisions: 8 of 42 A. Acceptance A Purchasing Entity shall determine whether all Products and Services delivered meet the Contractor's published specifications (a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within thirty (30) calendar days following delivery non -acceptance of a Product or Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 31s` day after delivery of Product or completion f Services, except for Software which is not pre -loaded on equipment which is accepted upon delivery. B. Payment of Invoice 1. Payments shall be submitted to the Contractor at the address shown on the invoice, as long as the Contractor has exercised due diligence in notifying the State of Minnesota and/or the Purchasing Entity of any changes to that address. Payments shall be made in accordance with the applicable laws of the Purchasing Entity. 2. For Minnesota, per Minnesota Stat. § 16A.124 requires payment within 30 days following receipt of an undisputed invoice, merchandise or service, whichever is later. The ordering entity is not required to pay the Contractor for any goods and/or services provided without a written purchase order or other approved ordering document from the appropriate purchasing entity. After the thirtieth day, interest may be paid on the unpaid balance due to the Contractor at the rate of one and one-half percent per month. The Purchasing Entity shall make a good faith effort to pay within thirty (30) days on all undisputed invoices. 3. Payments may be made via a Purchasing Entity's "Purchasing Card". In the event an order is shipped incomplete (partial), the Purchasing Entity shall pay for each shipment as invoiced by the Contractor unless the Purchasing Entity has clearly specified "No Partial Shipments" on each Purchase Order. C. Payment of Taxes Payment of taxes for any money received under this agreement shall be the Contractor's sole responsibility and shall be reported under the Contractor's federal and state tax identification numbers. If a Purchasing Entity is not exempt from sales, gross receipts, or local option taxes for the transaction, the Contractor shall be reimbursed by the Purchasing Entity to the extent of any tax liability assessed. The State of Minnesota State agencies are subject to paying Minnesota sales and use taxes. Taxes for State agencies will be paid directly to the Department of Revenue using Direct Pay Permit #1114. D. Invoices 9 of 42 Invoices shall be submitted to the Purchasing Entity at the address shown on the Purchase Order. Invoices shall match the line items on the Purchase Order. 7. Agreement Term Pursuant to Minnesota law, the term of this Agreement shall be effective upon the date of final execution by the State of Minnesota, through August 31, 2012. The Agreement may be mutually renewed for two (2) additional one-year terms, or one additional two- year term, unless terminated pursuant to the terms of this Agreement. 8. Termination The following provisions are applicable in the event that the agreement is terminated. A. Termination for Convenience At any time, the State may terminate this agreement, in whole or in part, by giving the Contractor (30) days written notice; provided, however, neither the State nor a Purchasing Entity has the right to terminate a specific purchase order for convenience after it has been issued if the Product is ultimately accepted. At any time, the Contractor may terminate this Agreement, in whole or in part, by giving the WSCA/NASPO Contract Administrator sixty (60) days written notice. Such termination shall not relieve the Contractor of warranty or other Service obligations incurred under the terms of this Agreement. In the event of a cancellation, the Contractor shall be entitled to payment, determined on a pro rata basis, for work or Services satisfactorily performed and accepted. B. Termination for Cause Either party may terminate this Agreement for cause based upon material breach of this Agreement by the other party, provided that the non - breaching party shall give the breaching party written notice specifying the breach and shall afford the breaching party a reasonable opportunity to correct the breach. If within thirty (30) days after receipt of a written notice the breaching party has not corrected the breach or, in the case of a breach that cannot be corrected in thirty (30) days, begun and proceeded in good faith to correct the breach, the non -breaching party may declare the breaching party in default and terminate the Agreement effective immediately. The non -breaching party shall retain any and all other remedies available to it under the law. C. A Purchasing Entity's Rights In the event this Agreement expires or is terminated for any reason, a Purchasing Entity shall retain its rights in all Products and Services accepted prior to the effective termination date. D. The Contractor's Rights In the event this Agreement expires or is terminated for any reason, a Purchasing Entity shall pay the Contractor all amounts due for Products and Services ordered and accepted prior to the effective termination date or ordered before the effective termination date and ultimately accepted. 10of42 9. Non -Appropriation The terms of this Agreement and any purchase order issued for multiple years under this Agreement is contingent upon sufficient appropriations being made by the Legislature or other appropriate governing entity. Notwithstanding any language to the contrary in this Agreement or in any purchase order or other document, a Purchasing Entity may terminate its obligations under this Agreement, if sufficient appropriations are not made by the governing entity at a level sufficient to allow for payment of the goods or Services due for multiple year agreements, or if operations of the paying entity are being discontinued. The Purchasing Entity's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final and binding. A Purchasing Entity shall provide prior written notice, sixty (60) days if possible, of its intent to terminate for reason cited above. Such termination shall relieve the Purchasing Entity, its officers and employees from any responsibility or liability for the payment of any further amounts under the relevant Purchase Order for undelivered Products and Services. 10. Shipment and Risk of Loss A. All deliveries shall be F.O.B. destination, prepaid and allowed, with all transportation and handling charges included in the price of the Product and paid by the Contractor. Responsibility and liability for loss or damage shall remain with the Contractor until delivery to the identified ship to address when responsibility and liability for loss shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor's warranty obligations. B. Whenever a Purchasing Entity does not accept Products and returns them to the Contractor, all related documentation furnished by the Contractor shall be returned also. Unless otherwise agreed upon by the Purchasing Entity, the Contractor is responsible for the pick-up of returned Products. The Contractor shall bear all risk of loss or damage with respect to returned Products except for loss or damage directly attributable to the negligence or wrongful intentional act or omission of the Purchasing Entity. C. Unless otherwise arranged between the Purchasing Entity and Contractor, all Products shall be shipped within 3 to 5 days after receipt of a valid purchase order, by a reliable and insured shipping company. 11. Warranties A. The Contractor agrees to warrant and assume responsibility for each Product that it licenses, or sells, to the Purchasing Entity under this Agreement in accordance with the Contractor's standard warranties. The Contractor agrees to take legal responsibility for the warranty and maintenance (under warranty) of all Products furnished through this Agreement. Taking legal responsibility means the Contractor, either directly or indirectly, must provide warranty and maintenance call numbers, accept, process, and respond to those calls, and be legally liable for and pay for those warranty and maintenance (under warranty) activities as it applies to the standard warranty that comes with the Product. The Contractor acknowledges that the Uniform Commercial Code applies to this Agreement covering warranty. In general, the Contractor warrants that: 11 of 42 1. The Product conforms to the specific technical information about the Contractor's Products which is published in the Contractor's Product manuals or data sheets. 2. The Product will meet mandatory specifications provided in writing to the Contractor prior to reliance by the Participating Entity on the Contractor's skill or judgment when it advised the Purchasing Entity about the Product's ability to meet those mandatory specifications unless otherwise noted in Contractor's proposed quote to the Participating Entity. 3. The Product will be suitable for the ordinary purposes for which such Product is used, 4. The Product has been properly designed and manufactured for its intended use, and 5. The Product is free of significant defects in material and workmanship. 6. The Product is in the legal possession of the Purchasing Entity, as defined in Article 10 Shipment and Risk of Loss, before any warranty period begins. 7. Exhibit A contains warranties in effect as of the date of this Agreement. The warranties will be limited in duration to the time period(s) provided in Exhibit A. The warranties will not apply to use of a Product other than as anticipated and intended by the Contractor, to a problem arising after changes or modifications to the Products or operating system by any party other than the Contractor (unless expressly authorized in writing by the Contractor), or the use of a Product in conjunction or combination with other Products or software not authorized by the Contractor. The following is a list of the warranties attached as Exhibit A: a) Product warranty b) Software warranty c) Procurve warranty B. Contractor may modify the warranties described in Exhibit A from time to time with the prior approval of the WSCA/NASPO Contract Administrator. C. Warranty documents for Products manufactured by a third party shall be delivered to the Purchasing Entity with the Products, as provided by the Manufacturer. D. The Contractor will provide the basic warranty coverage as listed in its PSS. The HP -branded Products available in Bands 1 through 7 have a manufacturer standard warranty period that ranges from one year to three years. The Contractor offers the Purchasing Entities an ability to upgrade warranties, for an additional fee, at the time of purchase of Products in the aforementicend Bands. Contractor's Website lists the environmental certifications; and any self - registration claims of EPEAT (bronze minimum) and Energy Star compliance, applicable to the respective Product. 12. Patent, Copyright, Trademark and Trade Secret Indemnification 12 of 42 A. The Contractor shall defend, at its own expense, the State of Minnesota, Participating and Purchasing Entities and their agencies against any claim that any HP -Branded Product or Service provided under this Agreement infringes any patent, copyright or trademark in the United States or Puerto Rico, and shall pay all costs, damages and attorneys' fees that a court finally awards as a result of any such claim. In addition, if any third party obtains a judgment against a Purchasing Entity based upon the Contractor's trade secret infringement relating to any Product or Service provided under this Agreement, the Contractor agrees to reimburse the Lead State or Purchasing Entity for all costs, attorneys' fees and the amount of the judgment. To qualify for such defense and/or payment, the Lead State or Participating or Purchasing Entity shall: 1. Give the Contractor prompt written notice of any claim; 2. Allow the Contractor to control the defense or settlement of the claim; and 3. Cooperate with the Contractor in a reasonable way to facilitate the defense or settlement of the claim. B. If any Products or Service becomes, or in the Contractor's opinion is likely to become the subject of a claim of infringement, the Contractor shall at its option and expense: 1. Provide a Purchasing Entity the right to continue using the Products or Services; 2. Replace or modify the Products or Services so that it becomes non - infringing; or 3. Accept the return of the Products or Service and refund an amount equal to the depreciated value of the returned Products or Service, less the unpaid portion of the purchase price and any other amounts, which are due to the Contractor. The Contractor's obligation will be void as to any Products or Services modified by the Purchasing Entity to the extent such modification is the cause of the claim. C. The Contractor has no obligation for any claim of infringement arising from: 1. The Contractor's compliance with the Purchasing Entity's or by a third party on the Purchasing Entity's behalf designs, specifications, or instructions; 2. The Contractor's use of technical information or technology provided by the Purchasing Entity; 3. Product modifications by the Purchasing Entity or a third party; 4. Product use prohibited by Specifications or related application notes; or 5. Product use with Products that are not the Contractor branded. 13. Price Guarantees 13 of 42 The Purchasing Entities shall pay the lower of the prices contained in the PSS or an Announced Promotion Price, Educational Discount Price, General Price Reduction price, Trade -In price, or if applicable to Purchasing Entity its available Standard Configuration price or Per Transaction Multiple Unit Discount. Only General Price Reduction price decreases will apply to all subsequent Purchase Orders accepted by Contractor after the date of the issuance of the General Price Reduction prices. The initial base -line and Cumulative Volume Discounts will be submitted to the Lead State by the Contractor in a format agreeable to both parties. The increased price discount represented in the Cumulative Volume Discount will apply to all future orders, until the next level of cumulative volume is in effect. 14. Product and Service Schedule The Contractor agrees to maintain the PSS in accordance with the following provisions: A. The PSS prices for Products and Services will conform to the guaranteed prices discount levels on file with WSCA/NASPO Contract Administrator for the following Products: Band 1 — Servers Band 2 — Workstations Band 3 — Printers Band 4 — Storage Solutions Band 5 — PDAs Band 6 — Instructional Packages (Bundles) Band 7 — Monitors Operating Systems Local Area Networks Digital Projectors B. The Contractor may change the price of any Product or Service at any time, based upon documented baseline price changes, but the guaranteed price discount levels shall remain unchanged during the agreed period unless or until prior approval is obtained from the WSCA/NASPO Contract Administrator. The Contractor agrees that the PSS on the State's administration website shall contain a single, uniform WSCA price for configurations and items. Failure to comply with this requirement will be grounds for further action to be taken against the Contractor. C. The Contractor may make model changes; add new Products, and Product upgrades or Services to the PSS in accordance with Item 15. Product Substitutions, below. The pricing for these changes shall incorporate, to the extent possible, comparable price discount levels approved by the WSCA/NASPO Contract Administrator for similar Products or Services. D. The Contractor agrees to delete obsolete and discontinued Products from the PSS on a timely basis. E. The Contractor shall maintain the PSS on a Contractor supplied Internet web site. 14 of 42 15. Product Substitutions A. Substitution of units/configurations MMD and the WSCA Directors acknowledge that individual units and configurations may stop being produced during the life of the resulting contracts. Substitution of different units and configurations will be permitted with the prior written approval of the WSCA/NASPO Contract Administrator. This substitution is at the sole discretion of the WSCA/NASPO Contract Administrator, subject only to review and approval of the WSCA/NASPO Contract Administrator. B. Addition of units/configurations MMD and the WSCA Directors acknowledge that with the evolution of technology, new, emerging units and configurations will develop. Addition of these new, emerging units may be permitted, with the prior approval of the WSCA/NASPO Contract Administrator and the WSCA Directors. The addition of new, emerging units and configurations is at the sole discretion of the WSCA/NASPO Contract Administrator, subject only to review and approval of the WSCA Directors. 16. Technical Support The Contractor agrees to maintain a toll -free technical support telephone line. The line shall be accessible to Purchasing Entity personnel who wish to obtain competent technical assistance regarding the hardware and software installation or operation of Products supplied by the Contractor during the Product warranty period or during a support agreement. 17. Takeback and Other Environmental Programs The Contractor agrees to maintain for the term of this Agreement, and all renewals/extensions thereof, programs as described in their response to the RFP, including but not limited to the following paragraphs. A. Takeback/Recycling of CPUs, servers, monitors, flat panel displays, notebook computers, and printers. Costs are list on the web site. B. Environment: Compliance with the following standards: Blue Angel, EcoLogo, Energy Star, EPEAT (by level), Green Guard, Nordic Swan, and TCO. C. Product labeling of compliance with Items B above, as well as a identification of such information on the web site. 18. Product Delivery Contractor agrees to make a reasonable effort to deliver Products to Purchasing Entities within twenty (20) business days or less after receipt of a valid Purchase Order, or in accordance with the schedule in the Purchasing Entity's Purchase Order, where the timeframe for required delivery is greater than twenty (20) business days or as otherwise mutually agreed by the Purchasing Entity and Contractor. 19. Force Majeure Neither party hereto shall be considered in default in the performance of its 15 of 42 obligations hereunder to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot or other causes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party defaulting under this provision must provide the other party prompt written notice of the default and take all necessary steps to bring about performance as soon as practicable. 20. Records and Audit Per Minn. Stat. § 16C.05, Subd. 5, the books, records, documents, and accounting procedures and practices of the Contractor and its employees, agents, or subcontractors relevant to the Minnesota transactions must be made available and subject to examination by the contracting agency or its agents, the Legislative Audit and/or the State Auditor for a minimum of six years after the end of the Contract or transaction. Unless otherwise required by other than Minnesota Purchasing Entity governing law, such records relevant to other Purchasing Entity transactions shall be subject to examination by appropriate government authorities for a period of three years from the date of acceptance of the Purchase Order. 21. Independent Contractor The Contractor and its agents and employees are independent contractors and are not employees of the State of Minnesota or of any Participating Entity. The Contractor has no authorization, express or implied to bind the Lead State, NASPO, WSCA or participating entity to any agreements, settlements, liability or understanding with other third parties whatsoever, and agrees not to perform any acts as agent for the Lead State, NASPO, WSCA, or Participating Entity, except as expressly set forth herein. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the Lead State or Participating Entity as a result of this Agreement. 22. Use of Servicing Subcontractors The Contractor may subcontract Services and purchase order fulfillment and/or support in accordance with the following paragraphs. However, the Contractor shall remain solely responsible for the performance of this Agreement. A. Reseller Agent, Service Provider or Servicing Subcontractors shall be identified individually or by class in the applicable Participating Addendum, or as noted in the Participating Addendum on the Purchasing Entities extranet site. The ordering and payment process for Products or Services shall be defined in the Participating Addendum. 23. Payments to Subcontractors In the event the Contractor hires subcontractors to perform all or some of the duties of this Contract, for state agency Purchase Entities in the Lead State, the Contractor understands that in accordance with Minn. Stat. § 16A.1245 the Contractor shall, within ten (10) days of the Contractor's receipt of payment from the Lead State Purchasing Entity, pay all subcontractors having an interest in the 16 of 42 applicable Purchase Order their share of the payment for undisputed Services provided by the subcontractors. The Contractor is required to pay interest of 1- 1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid, undisputed balance of $100 or more will be $10. For an unpaid balance of less than $100, the amount will be the actual penalty due. A subcontract that takes civil action against the Contractor to collect interest penalties and prevails will be entitled to its costs and disbursements, including attorney's fees that were incurred in bringing the action. The Contractor agrees to take all steps necessary to comply with said statute. A consultant is a subcontractor under this Contract. Notwithstanding, for the purposes of this Section 23, this section shall not apply to Contractor's obligations to its business development partners, including its authorized resellers and service providers, where Contractor's obligations to its partners are bound by the terms of a separate business development partner agreement between the partner and the Contractor. In the event the Contractor fails to make timely payments to a subcontractor, the State may, at its sole option and discretion, pay a subcontractor or supplier any amounts due from the Contractor and deduct said payment from any remaining amounts due the Contractor. Before any such payment is made to a subcontractor or supplier, the State shall provide the Contractor written notice that payment will be made directly to a subcontractor. If there are not remaining outstanding payments to the Contractor, the State shall have no obligation to pay or to see to the payment of money to a subcontractor except as may otherwise be required by law. The Contractor shall ensure that the subcontractor transfers all intellectual or industrial property rights, including but not limited to any copyright it may have in the work performed under this Contract, consistent with the intellectual property rights and ownership sections of this Contract. In the event the Contractor does not obtain the intellectual property rights of the subcontractor consistent with the transfer of rights under this Contract, the State may acquire such rights directly from the subcontractor. Any and all costs associated with such a direct transfer may be deducted from any amount due the Contractor. 24. Indemnification, Hold Harmless and Limitation of Liability The Contractor shall indemnify, protect, save and hold harmless the Lead State, Participating Entities, and its agencies and employees, from any and all claims or causes of action, including attorney's fees for personal injury or damage to real or tangible personal property arising from the negligent or willful acts or omissions of performance of the Contract by the Contractor or its agents, employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contractor may have with the State's or Participating Entities' failure to fulfill its obligations pursuant to the Contract. Contractor, its principals, members and employees shall not be liable to the State or any Purchasing Entity, unless otherwise stated in the applicable Participating Addendum, for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to this Contract or the goods provided or Services performed hereunder for any amount in excess of the greater of two - million dollars ($2,000,000) or the value of the Purchase Entity's purchase order 17 of 42 used to acquire the Products and Services that are the subject of the Purchasing Entity's claim. Contractor's liability for damage to real or tangible property incurred on a per order basis shall not exceed two -million dollars. This limitation of liability does not apply to damages for bodily injury or death caused by the Contractor's negligence, or to Contractor's obligation to indemnify, defend and hold the State harmless against intellectual property infringement or copyright claims under paragraph 12 of this Agreement. This indemnification does not include liabilities caused by the State's or Purchasing Entity's negligence, or intentional wrong doing. In no event shall the Contractor be liable for any indirect, special, punitive, or consequential damages arising out of this Contract or the use of the Products or Services purchased by the Purchasing Entity hereunder. 25. Amendments Contract amendments shall be negotiated by the State with the Contractor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. This Agreement shall be amended only by written instrument executed by the parties. An approved Contract amendment means one approved by the authorized signatories of the Contractor and the State as required by law. 26. Scope of Agreement This Agreement incorporates all of the agreements of the parties concerning the subject matter of this Agreement. No prior agreements, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 27. Severability If any provision of this Contract, including items incorporated by reference, is found to be illegal, unenforceable, or void, by a court of competent jurisdiction then both the State and the Contractor shall be relieved of all obligations arising under such provision. If the remainder of this Contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed. 28. Enforcement of Agreement/Waivers A. No covenant, condition, duty, obligation, or undertaking contained in or made a part of this Contract shall be waived except by the written consent of the parties. Forbearance or indulgence in any form or manner by either party in any regard whatsoever shall not constitute a waiver of the covenant, condition, duty, obligation, or undertaking to be kept, performed, or discharged by the other party. Until complete performance or satisfaction of all such covenants, conditions, duties, obligations, and undertakings, the forebearing/indulging party shall have the right to invoke any remedy available under law or equity, notwithstanding any such forbearance or indulgence. B. Waiver of any breach of any provision of this Contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition 18 of 42 of this Contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. C. Neither party's failure to exercise any of its rights under this Contract will constitute or be deemed a waiver or forfeiture of those rights. 29. Web Site Maintenance A. The Contractor agrees to maintain and support an Internet website linked to the State's administration website for access to the PSS, service selection assistance, problem resolution assistance, billing concerns, configuration assistance, Product descriptions, Product specifications and other aids described in the RFP, and/or in accordance with instructions provided by the WSCA/NASPO Contract Administrator. The Contractor agrees that the approved PSS on the State's administration website shall contain a single, uniform WSCA price for configurations and items. Failure to comply with this requirement will be grounds for further action to be taken against the Contractor. B. The Contractor agrees to maintain and support Participating State and Entity Internet websites for access to the specific Participating Entity PSS, as well as all other items listed in Item 29A. above. The website shall have the ability to hold quotes for 45 days, as well as the ability to change the quote. C. The Contractor may provide electronic commerce assistance for the electronic submission of Purchase Orders, purchase order tracking and reports. D. The Contractor may not make changes to the website format as defined in Contractor's RFP Section 4, Electronic Commerce response without notifying the WSCA/NASPO Contract Administrator and receiving written approval of the changes. 30. Equal Opportunity Compliance The Contractor agrees to abide by all applicable federal laws, and the laws, regulations, and executive orders pertaining to equal employment opportunity, of the state in which its primary place of business is located. In accordance with such laws, regulations, and executive orders, the Contractor agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, age, veteran status or handicap, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed by the contractor under this Agreement. If the Contractor is found to be not in compliance with these requirements during the life of this Agreement, the Contractor agrees to take appropriate steps to correct these deficiencies. The Contractor certifies that it will remain in compliance with Minn. Stat. § 363A.36 during the life of the Contract. 31. Governing Law This Agreement shall be governed and construed in accordance with the laws of 19 of 42 the Lead State. The construction and effect of any Participating Addendum or order against this Agreement shall be governed by and construed in accordance with the laws of the Purchasing Entity's state. Venue for any claim, dispute or action concerning the construction and effect of the Agreement shall be in the Lead State. Venue for any claim, dispute or action concerning an order placed against this Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity's state. 32. Change in Contractor Representatives Contractor shall appoint a primary representative, Contractor WSCA Program Manager, to work with the WSCA/NASPO Contract Administrator to maintain, support and market this Agreement. The Contractor shall notify the WSCA/NASPO Contract Administrator of changes in the Contractor primary representative, Contractor WSCA Program Manager, in writing, and in advance if possible. The State reserves the right to require a change in Contractor's then - current primary representative if the assigned representative is not, in the opinion of the State, adequately serving the needs of the Lead State and the Participating Entities. 33. Release The Contractor, upon final payment of the amount due under this Agreement, releases the Lead State and Participating Entities, its officers and employees, from all contractual liabilities, claims and obligations whatsoever arising from or under this Agreement. The Contractor agrees not to purport to bind the Lead State or any Participating Entity to any obligation, unless the Contractor has express written authority to do so, and then only within the strict limits of the authority. 34. Data Practices A. The Contractor and the Lead State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (and where applicable, if the state contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the Lead State to the Contractor and all data provided to the Lead State by the Contractor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained or disseminated by the Contractor in accordance with this Contract that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). B. In the event the Contractor receives a request to release the data referred to in this article, the Contractor must immediately notify the State. The State will give the Contractor instructions concerning the release of the data to the requesting party before the data is released. C. Sections 34.A through B above apply to transactions between Contractor 20 of 42 and applicable Lead State Purchasing Entities. Contractor agrees to be bound by the statutorily required data practices requirements as outlined in the Participating Addendum of a Participating State or Participating Entity. E. Notwithstanding the above, the parties agree that any confidential information required to be exchanged will be done so under the terms of a mutually agreed upon, signed confidentiality agreement. 35. Organizational Conflicts of Interest A. The Contractor warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are not relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons: • a Contractor is unable or potentially unable to render impartial assistance or advice to the State; • the Contractor's objectivity in performing the work is or might be otherwise impaired; or • the Contractor has an unfair competitive advantage. B. The Contractor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the Contract and did not disclose the conflict to the WSCA/NASPO Contract Administrator, the State may terminate the Contract for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract," "Contractor," and "WSCA/NASPO Contract Administrator" modified appropriately to preserve the State's rights. 36. Replacement Parts Unless otherwise restricted in a Participating Addendum or maintenance service agreement, replacement parts may be manufacturer -certified refurbished parts carrying OEM warranties. 37. FCC Certification The Contractor agrees that Equipment supplied by the Contractor meets all applicable FCC Certifications. Improper, falsely claimed or expired FCC certifications are grounds for termination of this Agreement for cause. 38. Site Preparation A Purchasing Entity shall prepare and maintain its site in accordance with written instructions furnished by the Contractor prior to the scheduled delivery date of 21 of 42 any Products and shall bear the costs associated with the site preparation. 39. Assignment The Contractor shall not sell, transfer, assign, or otherwise dispose of this Contract or any portion hereof or of any right, title, or interest herein without the prior written consent of the State's authorized agent. Such consent shall not be unreasonably withheld. The Contractor shall give written notice to the State's authorized agent of such a possibility at least 30 days prior to the sale, transfer, assignment, or other disposition of this Contract. Failure to do so may result in the Contractor being held in default. This consent requirement includes reassignment of this Contract due to a change in ownership, merger, or acquisition of the Contractor or its subsidiary or affiliated corporations. This section shall not be construed as prohibiting the Contractor's right to assign this Contract to corporations to provide some of the Services hereunder. Notwithstanding the foregoing acknowledgment, the Contractor shall remain solely liable for all performance required and provided under the terms and conditions of this Contract. The Contractor may assign payments in accordance with specific provisions stated in a Participating Addendum. 40. WSCA/NASPO Contract Administrator The State shall appoint an WSCA/NASPO Contract Administrator whose duties shall include but not be limited to the following: A. The WSCA/NASPO Contract Administrator may provide instructions concerning the contents of the Contractor's website. B. The WSCA/NASPO Contract Administrator will facilitate dispute resolution between the Contractor and Purchasing Entities. Unresolved disputes shall be presented to the State for facilitation of resolution. C. The WSCA/NASPO Contract Administrator shall promote and support the use of this Agreement by NASPO members and other Participating Entities. D. The WSCA/NASPO Contract Administrator shall advise the State regarding the Contractor's performance under the terms and conditions of this Agreement. E. The WSCA/NASPO Contract Administrator shall receive and approve quarterly price agreement utilization reports and the administration fee payments. F. The WSCA/NASPO Contract Administrator shall periodically verify the Product and Service prices in the PSS conform to the Contractor's volume price and other guarantees. The WSCA/NASPO Contract Administrator may require the Contractor to perform web site audits to accomplish this task. G. The WSCA/NASPO Contract Administrator shall conduct annual Contractor performance reviews. H. The WSCA/NASPO Contract Administrator shall maintain an Agreement administration website containing timely and accurate information. 22 of 42 41. Survival The following rights and duties of the State and Contractor will survive the expiration or cancellation of the resulting Contract. These rights and duties include, but are not limited to Paragraph 12. Patent, Copyright, Trademark and Trade Secret Indemnification; Paragraph 20. Records and Audit; Paragraph 24. Indemnification, Hold Harmless, and Limitation of Liability; Paragraph 31, Governing Law; Paragraph 34. Data Practices; and Paragraph 52. Right to Publish. Software licenses, warranty, and service agreements that were entered in to under the terms and conditions of the Agreement shall survive this Agreement. 42. Succession This Agreement shall be entered into and be binding upon the successors and assigns of the parties. 43. Notification A. If one party is required to give notice to the other under the Contract, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained. A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices shall be addressed as follows: To MMD: Department of Administration Materials Management Division Bernadette Kopischke, CPPB Acquisitions Supervisor 50 Sherburne Avenue 112 State Administration Building St. Paul, MN 55155 Fax: 651.297.3996 Email: bernie.kopischke(a)state mn us To Contractor: Debra Lee HP Contract Program Manager 442 Swan Blvd. Deerfield, IL 60015 Fax: 281-927-5213 Email: debra.lee(a)hp.com 44. Reporting and Fees A. Administration Reporting and Fees The Contractor agrees to provide monthly utilization reports to the 23 of 42 WSCA/NASPO PC Contracts Reporting person and the WSCA/NASPO Contract Administrator by the 15th of the month following the end of the previous month. (Ex. Purchases during January are reported by the 15th of February; purchases made during February are reported by the 15th of March; etc.). Reports submitted within five (5) days of the report due date shall not be deemed as a default by Contractor. The report shall be in the format developed by the Lead State and supplied to the Contractor for its review and mutual written consent to implement. Contractor shall be released from reporting on the Lead State requested Fields of LIST PRICE/MSRP/CATALOG PRICE and ORDER TYPE (debits/credits) until such time as Contractor automated reporting tools have the capability to include the Field in its reports. Contractor will have the automated reporting capabilities to include the aforementioned Fields within nine (9) to twelve (12) months of the commencement of this Contract. Notwithstanding the foregoing, Contractor will commence reporting on the requested Fields once Contractor's automated reporting tools are capable. The Contractor agrees to provide quarterly Administrative Fee check payable to WSCA/NASPO for an amount equal to one - twentieth of one percent (0.0005) of the net sales for the period. The form to be submitted with the check, as well as the mailing address, has been supplied to the Contractor. Payment shall be made in accordance with the following schedule: Period End Admin Fee Due June 30 July 31 September 30 October 31 December 31 January 31 March 31 April 30 3. The Contractor agrees to include all Reseller Agent sales in the monthly utilization reports described above. In addition, the Contractor agrees to provide a supplemental Reseller Agent utilization report of the net sales for the period subtotaled by Purchasing Entity name, within Purchasing Entity state name by Reseller Agent Name. 4. Subject to Contractor's automated reporting tools capabilities, the Contractor will use reasonable commercial efforts to provide the EPEAT and Energy Start environmental information shown in a mutually agreed upon report format; as well as a supplemental report of the number and type of units taken back in a format to be mutually agreed to. Reporting on this information will occur no more than once quarterly, and will commence once Contractor has the capability to generate automated reports to include this information for its US based customers. 5. The utilization reports shall be submitted to the WSCA/NASPO PC Contracts Reporting person and the WSCA/NASPO Contract 24 of 42 Administrator via electronic mail in a Microsoft Excel spreadsheet format, or other methods such as direct access to Internet or other databases. 6. If requested by the WSCA/NASPO Contract Administrator, the Contractor agrees to provide supporting Purchase Order detail records on mutually agreed magnetic media in a mutually agreed format. Such request shall not exceed twelve per year. 7. The failure to file the utilization reports and fees on a timely basis shall constitute grounds for the removal of the Contractor's primary representative, suspension of this Agreement or termination of this Agreement for cause. 8. The WSCA/NASPO Contract Administrator shall be allowed access to all reports from all Purchasing Entities. B. Participating Entity Reports and Fees Participating Entities may require an additional fee be paid directly to the State on purchases made by Purchasing Entities within that State. For all such requests, the fee level, payment method and schedule for such reports and payments shall be incorporated in to the Participating Addendum that is made a part of this Agreement. The Contractor may adjust PSS pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of that State. All such agreements shall have no affect whatsoever on the WSCA fee or the prices paid by the Purchasing Entities outside the jurisdiction of the State requesting the additional fee. Purchasing Entities will be encouraged to use the reporting format developed by the lead State for their reporting needs. However, the Contractor agrees to provide additional reports to Purchasing Entities upon agreement by both parties as to the content and delivery methods of the report. Methods of delivery may include direct access to Internet or other databases. Each State Purchasing Entity shall be allowed access to reports from all entities within that State. 45. Default and Remedies A. Any of the following shall constitute cause to declare this Agreement or any order under this Agreement in default: 1. Consistent Nonperformance of contractual requirements; or 2. A material breach of any term or condition of this Agreement. B. A written notice of default, and an opportunity to cure, within 30-days notification of the written notice, shall be issued by the party claiming default, whether the Lead State (in the case of breach of the entire Agreement), a Participating Entity (in the case of a breach of the participating addendum), the Purchasing Entity (with respect to any order), or the Contractor. Time allowed for cure shall not diminish or eliminate any liability for liquidated or other damages. 25 of 42 C. If the default remains after the opportunity for cure, the non -defaulting party may: 1. Exercise any remedy provided by law or equity; 2. Terminate the Agreement, a Participating Addendum, or any portion thereof, including any Purchase Orders issued against the Agreement; 3. Impose liquidated damages, as mutually agreed to by the parties, as specified in an amendment to the Participating Addendum; 4. In the case of default by the Contractor, and to the extent permitted by the law of the Participating State or Purchasing Entity, suspend Contractor from receiving future solicitations from within the Participating Entities jurisdiction. 5. Charge the defaulting Contractor the full increase in cost and administrative handling to purchase the product or service from another Contractor. The Purchasing Entity shall take reasonable actions to mitigate the cost to re -procure. D. The MMD reserves the right, upon approval of the WSCA Directors, to develop and implement a step-by-step process to deal with Contractor failure to perform issues. 46. Audits A. Website Pricing Audit The Contractor agrees to assist the WSCA/NASPO Contract Administrator or designee with web site Product and pricing audits based on the requirements described in Exhibit E — Website Price audit requirements. Pricing is audited on a quarterly basis. 1. The product audit will closely monitor the Products and Services listed on the website to insure they comply with the approved Products and Services. The addition of Products or Services not approved by the WSCA/NASPO Contract Administrator will not be tolerated and may be considered a material breach of this Agreement. B. Sales Audit The Contractor further agrees to provide sales audit reports based on the formulas described in Exhibit E — Sales audit report format. C. Upon request, the Contractor agrees to assist Participating Entities with invoice audits to ensure that the Contractor is complying with this Agreement in accordance with mutually agreed procedures set forth in the Participating Addendum. 47. Extensions If specifically authorized by provision in a Participating Addendum, Contractor may, at the sole discretion of Contractor and in compliance with the laws of the Participating State, offer Products and Services to non-profit organizations, 26 of 42 private schools, Native American governmental entities, government employees and students within the governmental jurisdiction of the entity completing the Participating Addendum with the understanding that the State has no liability whatsoever concerning payment for Products or Services. 48. Sovereign Immunity The State does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. 49. Ownership A. Nothing in this Contract shall be construed as transferring any right, title, or interest in either Party's, any Purchasing Entity's, or their third party's confidential information, pre-existing intellectual property, trademarks, copyrights, intellectual property or other proprietary interest. 50. Prohibition Against Gratuities A. The State may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this Contract if it is found by the State that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor or any employee, agent, or representative of the Contractor to any officer or employee of the State with a view toward securing this Contract, or securing favorable treatment with respect to the award or amendment of this Contract, or the making of any determinations with respect to the performance of this Contract. B. The Contractor certifies that no elected or appointed official or employee of the State has benefited or will benefit financially or materially from this Contract. This Contract may be terminated by the State if it is determined that gratuities of any kind were either offered to or received by any of the aforementioned individuals from the Contractor, its agent, or its employees. 51. Antitrust The Contractor hereby assigns to the State any and all claims for overcharges as to goods and/or Services provided in connection with this Contract resulting from antitrust violations which arise under antitrust laws of the United States and the antitrust laws of the State. 52. Right to Publish A. Any publicity given to the program, publications or Services provided resulting from the Contract, including but not limited to notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Contractor, or its employees individually or jointly with others, or any subcontractors or resellers shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Contract prior to its approval by the WSCA/NASPO Contract Administrator. B. The Contractor shall not make any representations of the State's opinion 27 of 42 or position as to the quality or effectiveness of the Products and/or Services that are the subject of this Contract without the prior written consent of the WSCA/NASPO Contract Administrator. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 53. Performance While Dispute is Pending Notwithstanding the existence of a dispute, the parties shall continue without delay to carry out all of their responsibilities under this Contract that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under this Contract, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 54. Hazardous Substances To the extent that the goods to be supplied to the Purchasing Entity by the Contractor contain or may create hazardous substances, harmful physical agents as set forth in applicable State and federal laws and regulations, the Contractor must provide the Purchasing Entity, upon request, with Material Safety Data Sheets regarding those substances (including mercury). 55. Customer Satisfaction/Complaint Resolution A. The Contractor's process for resolving complaints concerning Products, support, and billing problems is attached as Exhibit B. B. The Contractor will survey its customers in each Participating State approximately two (2) months prior to the annual meeting with the Contract Administrator using, at a minimum, the surrey questions provided by the State. 56. Value Added Services The Contractor is expected to provide such Services as installation, training, and software imaging upon request of the Purchasing Entity. Additional Value Added Services offered by the Contractor are attached as Exhibit C. 57. E-Rate Program The Contractor's E-Rate identification number and list of E-Rate qualifying Products is as follows: HP E-Rate Spin Number: 143007617 HP FCC Registration Number: 0012062535 Qualifying Products: HP ProLiant Servers HP ProCurve Network Electronics HP Services for eligible Products (Installation, Maintenance, Training, Infrastructure design The Contractor shall make every effort to continue its involvement in this program and to add Products as applicable. 28 of 42 IN WITNESS WHEREOF, the parties have executed this agreement as of the date of execution by the State of Minnesota Commissioner of Administration, below. 1. HEWLETT-PACKARD COMPANY The Contractor certifies that the appropriate person(s) have executed this Agreement on behalf of the Contractor as required by applicable articles, bylaws, resolutions, By: Title: S2. rie e /°2e Deaf" Date: C, i �91 65 2. MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. § 16C.03, Subd. 3. By' A.e2,)tff9/v /� o Title: Acauisitions Suoerviso�� Date: �2/aIov 3. COMMISSIONER OF ADMINISTRATION Or delegated representative. By: Avy� &_ Date: 1 / Original signed JUL 0 2 200g By Brenda Willard_ 29of48* EXHIBIT A - ADDITIONAL WARRANTIES and SUPPORT SERVICES A. Warranty Information 1 Warranty information is available at the following URLs • Product warranty URL link: http://h20000 www2 hp com/bizsupport/TechSui)porttDocument isi)?obiect[D=c00383139&lang- en&cc=us&taskld=&prodSeriesld=316617&orodTvpel d=12454. • Software warranty URL link: http://docs.hp.com/en/5991-6026/ch01 sO6. html?jumpid=reg_R 1002_USEN • Procurve warranty URL link: http:/Avww.procurve.com/warranty 2. GENERAL WARRANTY PROVISIONS: a. Warranty Statements. HP limited warranty statements for Hardware, Software, Support, and Professional Services, as applicable, are available with Products, on quotations, or upon request. The limited warranties are subject to the terms, limitations, and exclusions contained in the limited warranty statement provided for the Product in the country where that Product is located when the warranty claim is made. A different limited warranty statement may apply and be quoted if the Product is purchased as part of a system. b. Transfer. Warranties are transferable to another party for the remainder of the warranty period subject to HP license transfer policies and any assignment restrictions. c. Delivery Date. Warranties begin on the date of delivery, or for Hardware on the date of installation if installed by HP. If Customer schedules or delays such installation by HP more than thirty (30) days after delivery, Customer's warranty period will begin on the 31st day after delivery. d. HP warrants that it will perform Professional Services using generally recognized commercial practices and standards. HP will re -perform any Professional Services not performed in accordance with the foregoing warranty provided that HP receives written notice from Customer within thirty (30) days after such Professional Services were performed. This will be Customer's sole and exclusive remedy for a breach of the foregoing warranty. e. Warranty Exclusions. HP is not obligated to provide warranty services or Support for any claims resulting from: 1. improper site preparation, or site or environmental conditions that do not conform to HP's site specifications; 2. Customer's non-compliance with Specifications or Transaction Documents; 3. improper or inadequate maintenance or calibration; 4. Customer or third -party media, software, interfacing, supplies, or other products; 5. modifications not performed or authorized by HP; 6. virus, infection, worm or similar malicious code not introduced by HP; or 7. abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical disturbances, transportation by Customer, or other causes beyond HP's control. f. Non -HP Branded Products and Services. HP provides third -party Products, software, and Services that are not HP Branded "AS IS" without warranties of any kind, although the original manufacturers or third party suppliers of such Products, software and Services may provide their own warranties. Disclaimer. THE WARRANTIES AND ANY ASSOCIATED REMEDIES EXPRESSED OR REFERENCED IN THIS AGREEMENT ARE EXCLUSIVE. NO OTHER WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY HP OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT ALLOWED BY LOCAL LAW HP DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT. 30 of 42 B. Support Services 1. SUPPORT SERVICES a. Description of Support. HP will deliver Support according to the description of the offering, eligibility requirements, service limitations, and Customer responsibilities described in the relevant Transaction Documents. b. Ordering Support. Customer may order Support: 1. at the time of Product purchase, or prior to installation of Products for which Support is being purchased, for a fixed term (may be referred to as "HP Care Pack"); 2. after the time of Product purchase, for either a fixed term or an initial term that may be renewed (may be referred to as "HP Contractual Services'); 3. on a per -event basis; or 4. at any time, when agreed non-standard Support has been offered by HP for the Customer according to a Statement of Work (also known as "Custom Support") or as otherwise offered by HP. c. Cancellation. Customer may cancel Support orders or delete Products from Support upon thirty (30) days written notice, unless otherwise stated in a Transaction Document. HP may discontinue Support for Products and specific Support services no longer included in HP's Support offering upon sixty (60) days written notice, unless otherwise agreed. If Customer cancels prepaid Support, HP will refund Customer a pro-rata amount for the unused prepaid Support, less any early termination fees or subject to any restrictions set forth in a Transaction Document. d. Return to Support. If Customer allows Support to lapse, HP may charge Customer additional fees to resume Support or require Customer to perform certain hardware or software upgrades. HP will review and assess whether such fees are required, and explain these to Customer at the time of the request to return to Support. e. Local Availability. Customer may order Support from HP's current Support offerings. Some offerings, features, and coverage (and related Products) may not be available in all countries or areas. f. Support Warranty. HP warrants that it will perform Support using generally recognized commercial practices and standards. g. Exclusive Remedies. HP will re -perform Support not performed in accordance with the warranty herein. This sub -section 1.g states HP's entire liability for Support warranty claims. 2. PRICING, SERVICES, AVAILABILITY, AND INVOICING a. Pricing. Except for prepaid Support or as otherwise stated in a Transaction Document, HP may change Support prices upon sixty (60) days written notice. b. Additional Services. Additional services performed by HP at Customer's request that are not included in Customer's purchased Support will be chargeable at the applicable published service rates for the country where the service is performed. Such additional services include but are not limited to: 1. Customer requests for Support after HP's local standard business hours (unless Customer has specifically purchased after-hours coverage for the requested Support); 2. Customer requests for repair for damage or failure attributable to the causes specified in Exhibit A, subsection 2.e ("Warranty Exclusions"); and 3. Customer requests for Support where Customer does not, in HP's reasonable determination, meet the applicable prerequisites and eligibility requirements for Support. c. Local Availability. Support outside of the applicable HP coverage areas may be subject to travel charges, longer response times, reduced restoration or repair commitments, and reduced coverage hours. d. Invoicing. Invoices for Support will be issued in advance of the Support period. HP Support invoices and related documentation will be produced in accordance with HP system standards. Additional levels of detail requested by Customer may be chargeable. 31 of 42 3. SITE AND PRODUCT ACCESS Customer shall provide HP access to the Products covered under Support; adequate working space and facilities within a reasonable distance of the Products; access to and use of information, customer resources, and facilities as reasonably determined necessary by HP to service the Products; and other access requirements described in the relevant Transaction Document. If Customer fails to provide such access, resulting in HP's inability to provide Support, HP shall be entitled to charge Customer for the Support call at HP's published service rates. Customer is responsible for removing any Products ineligible for Support to allow HP to perform Support. If delivery of Support is made more difficult because of ineligible Products, HP will charge Customer for the extra work at HP's published service rates. 4. STANDARD SUPPORT PRODUCT ELIGIBILITY a. Minimum Configuration for Support. Customer must purchase the same level of Support and for the same coverage period for: all Products within a minimum supportable system unit (i.e. all components within a server, storage, or network device) to allow for proper execution of standalone and operating system diagnostics for the configuration. b. Eligibility. For initial and on -going Support eligibility Customer must maintain all Products and associated hardware and software at the latest HP -specified configuration and revision levels and in HP's reasonable opinion, in good operating condition. c. Modifications. Customer will allow HP, at HP's request and at no additional charge, to modify Products to improve operation, supportability, and reliability, or to meet legal requirements. d. Loaner Units. HP maintains title and Customer shall have risk of loss or damage for loaner units if provided at HP's discretion as part of Support or warranty services and such units will be returned to HP without lien or encumbrance at the end of the loaner period. e. Relocation. Customer is responsible for moving Products. If Customer moves the Products to a new location, HP may charge additional Support fees and modify the response times, and Customer may be required to execute amended or new Transaction Documents. If Customer moves Products to another country, Support shall be subject to availability in the destination country. Reasonable advanced notice to HP may be required to begin Support for some Products after relocation. f. Maximum Use Limitations. Certain Products have a maximum usage limit, which is set forth in the manufacturer's operating manual or the technical data sheet. Customer must operate such Products within the maximum usage limit. g. Multi -Vendor Support. HP provides Support for certain non -HP Branded Products. The relevant Transaction Document will specify availability and coverage levels, and govern delivery of multi - vendor Support, whether or not the non -HP Branded Products are under warranty. HP may discontinue Support of non -HP Branded Products if the manufacturer or licensor ceases to provide support for such Products. 5. PROPRIETARY SERVICE TOOLS HP will require Customer's use of certain hardware and/or software system and network diagnostic and maintenance programs ("Proprietary Service Tools"), as well as certain diagnostic tools that may be included as part of the Customer's system, for delivery of Support under certain coverage levels. Proprietary Service Tools are and remain the sole and exclusive property of HP, are provided "as is," and include, but are not limited to: remote fault management software, network Support tools, Insight Manager, Instant Support, and Instant Support Enterprise Edition (known as "ISEE"). Proprietary Service Tools may reside on the Customer's systems or sites. Customer may only use the Proprietary Service Tools during the applicable Support coverage period and only as allowed by HP. Customer may not sell, transfer, assign, pledge, or in any way encumber or convey the Proprietary Service Tools. Upon termination of Support, Customer will return the Proprietary Service Tools or allow HP to remove these Proprietary Service Tools. Customer will also be required to: a. allow HP to keep the Proprietary Service Tools resident on Customer's systems or sites, and assist HP in running them; b. install Proprietary Service Tools, including installation of any required updates and patches; c. use the electronic data transfer capability to inform HP of events identified by the software; d. if required, purchase HP -specified remote connection hardware for systems with remote diagnosis 32 of 42 service; and e. provide remote connectivity through an HP approved communications line. 6. CUSTOMER RESPONSIBILITIES a. Data Backup. To reconstruct lost or altered Customer files, data, or programs, Customer must maintain a separate backup system or procedure that is not dependent on the Products under Support. b. Temporary Workarounds. Customer will implement temporary procedures or workarounds provided by HP while HP works on permanent solutions. c. Hazardous Environment. Customer will notify HP if Customer uses Products in an environment that poses a potential health or safety hazard to HP employees or subcontractors. HP may require Customer to maintain such Products under HP supervision and may postpone service until Customer remedies such hazards. d. Authorized Representative. Customer will have a representative present when HP provides Support at Customer's site. e. Product List. Customer will create and maintain a list of all Products under Support including: the location of the Products, serial numbers, the HP -designated system identifiers, and coverage levels. Customer shall keep the list updated during the applicable Support period. f. Documentation. If Customer purchases a Support offering that includes documentation updates, Customer may copy such updates only for systems under such coverage. Copies must include appropriate HP trademark and copyright notices. 7. SUPPORTED SOFTWARE Customer may purchase available Support for HP Branded Software only if Customer can provide evidence it has rightfully acquired an appropriate HP license for such Software. HP will be under no obligation to provide Support due to any alterations or modifications to the Software not authorized by HP or for Software for which Customer cannot provide a sufficient proof of a valid license. Unless otherwise agreed by HP, HP only provides Support for the current Version and the immediately preceding Version of HP Branded Software, and then only when HP Branded Software is used with Hardware or Software included in HP -specified configurations at the specified Version level. 8. ACCESSORIES AND PARTS AND MISCELLANEOUS a. Compatible Cables and Connectors. Customer will connect Products covered under Support with cables or connectors (including fiber optics if applicable) that are compatible with the system, according to the manufacturer's operating manual. b. Support for Accessories. HP may provide Support for cables, connectors, interfaces, and other accessories if Customer purchases Support for such accessories at the same Hardware service level purchased for the Products with which they are used. c. Consumables. Support does not include the delivery, return, replacement, or installation of supplies or other consumable items (including, but not limited to, operating supplies, magnetic media, print heads, ribbons, toner, and batteries) unless otherwise stated in a Transaction Document. d. Replacement Parts. Parts provided under Support may be whole unit replacements or be new or functionally equivalent to new in performance and reliability and warranted as new. Replaced parts become the property of HP, unless HP agrees otherwise and Customer pays any applicable charges. e. Service Providers. HP reserves the right and Customer agrees to HP's use of HP -authorized service providers to assist in the provision of Support. 9. ACCESS TO HP SOLUTION CENTER AND IT RESOURCE CENTER a. Designated Callers. Customer will identify a reasonable number of callers, as determined by HP and Customer ("Designated Callers"), who may access HP's customer Support call centers ("Solution Centers"). b. Qualifications. Designated Callers must be generally knowledgeable and demonstrate technical aptitude in system administration, system management, and, if applicable, network administration and management and diagnostic testing. HP may review and discuss with Customer any Designated Caller's experience to determine initial eligibility. If issues arise during a call to the Solution Center that, in HP's reasonable opinion, may be a result of a Designated Caller's lack of 33 of 42 general experience and training, the Customer may be required to replace that Designated Caller. All Designated Callers must have the proper system identifier as provided in the Transaction Documents or by HP when Support is initiated. HP Solution Centers may provide support in English or local language(s), or both. c. HP IT Resource Center. HP IT Resource Center is available via the worldwide web for certain types of Support. Customer may access specified areas of the HP IT Resource Center. File Transfer Protocol access is required for some electronic services. Customer employees who submit HP Solution Center service requests via the HP IT Resource Center must meet the qualifications set forth in sub -section 9.b above. d. Telecommunication Charges. Customer will pay for all telecommunication charges associated with using HP IT Resource Center, installing and maintaining ISDN links and Internet connections (or HP -approved alternatives) to the HP Solution Center, or using the Proprietary Service. Extended warranties HP's standard new Product warranty, and upgraded warranty support Services, can be extended in one- year increments for a total of five years of coverage for most Products. Post maintenance Services HP has a wide range of onsite high -quality support Services for covered hardware, helping improve Product uptime and availability. Entities have the flexibility to choose between different service -level options featuring different response times and coverage windows, as well as between several coverage periods to address specific service needs. The Services are available throughout the United States and in most international locations. Please see Attachment 5, HP Onsite Hardware Support Services, for details. See HP Website, referenced in A.1 above, for additional information on these warranties, support, service tools, etc. 34 of 42 EXHIBIT B - COMPLAINT RESOLUTION HP will work with WSCA/NASPO and Participating States to customize the procedures to the states' specific escalation requirements. HP's formal order management, service escalation and customer feedback escalation procedures are described below and in detail in the RFP response, Corporate Overview, sub -section d.1.e. — Complaint Resolution. Most problems are readily resolved before escalation is necessary. This section details activities for those instances in which problems cannot be so quickly resolved. In keeping with HP's understanding of the importance of system availability to the WSCA states, HP is receptive to discussions on how it may modify any escalation procedures to better meet specific customer needs. Each and every State Procurement office, as well as procuring entities, also has an assigned State Government HP Contract Program Manager point of contact to assist in the escalation process, eliminating the need to contact multiple people. Customer Feedback Escalation HP has developed a strong customer feedback system, including a clear escalation process for handling dissatisfaction. The feedback system provides a variety of mechanisms for customers to communicate their suggestions, recommendations, comments, and complaints to HP. Cataloging and analyzing the feedback provides HP entities with valuable insight into trends, information, and issues that can be applied to improve products and process performance. Order Management Escalation Process A Customer Service Representative (CSR) assigned to the WSCA account will oversee the order fulfillment activities from the point of order entry and acceptance, to invoicing and delivery. This includes customer satisfaction and any issues that WSCA may have during the deployment. The CSR is responsible with ensuring that any issues or potential issues are escalated to prevent deployment delays and will see problems through to resolution. Customer Services is required to adhere to the following standard service levels (in business hours): Action Standard Service Level (in business hours) PO Receipt to CSR order entry 4.0 hrs PO Receipt to clean executable order 8.0 hrs Confirmation sent to customer/sales/mgmt that orders has been 4.0 hrs laced and provide order # and ETA if available. Estimated Ship Date upon order entry (Provided to customer as Estimate based on best requested or as part of regularly scheduled open order report) information available. With follow-up as new information becomes available. Updates to estimated ship date (Provided to customer as As new information becomes requested or as part of regularly scheduled open order report) available. Call Back/Email Response to customer from CSR (from point 4 hrs customer leaves voicemail/email to point CSR calls customer back or responds to email request) RMA Request From time CSR receives to RMA being generated 12 hrs Warehouse Receipt of RMA'd goods to completion of Credit 1 3 days All billing disputes should be brought to the attention of your HP Direct Customer Services Team. Customer Services will then work with HP's internal Finance Department that can resolve the disputes. The Finance Department will research the dispute, including gathering purchase order information from your CSR. While customers may request that bills be submitted in a batch, all records are individually maintained by order number. Complete order information follows the order throughout the fulfillment process, and can be traced to each separate process to determine the source of any errors and the necessary action for resolution. 35 of 42 The resolution will be communicated to the customer by the Finance Department. Any credit due will be processed by your CSR. In the event that HP has maintained an incorrect price, additional research will be performed to determine the extent of error. Billing adjustments will be made as necessary. Escalation Process The services global escalation process is a worldwide process that is initiated when it is determined that HP's standard service delivery processes have not delivered or will not deliver an acceptable solution to WSCA/NASPO and WSCA Participating State and/or procuring entities in an agreed -upon time frame. The Escalation Process includes the following steps: 1. Formation of Escalation Team 2. Development of Technical Action Plan 3. Communication of Action Plan 4. Execution of Action Plan 5. Post -solution Review 6. Continual Improvement 7. The Escalation Team When it has been determined that a problem has arisen and needs to be resolved, an Escalation Team is formed to manage issue resolution. The Escalation Team is comprised of technical and management members from HP. This team is responsible for developing an action plan to be used in resolving the issue. Members of the Escalation Team often include: • Escalation Management Owner —represents the customer to HP, leads the escalation effort and is the focal point for communication of the plan to the customer. • Escalation Specialist —assists with the development and coordination of the technical aspects of the action plan. • Complex Problem Manager —as required, the Complex Problem Manager coordinates engineering and partner resources for complex problems involving multiple product sets. • Additional Resources —may be added to the Escalation Team to add specific Product expertise as required in any given escalation. These resources may include: Engineering, Delivery Partners, HP Management and Executives. Escalation Categories There are three categories of escalation: • Local escalation • Regional escalation • Global escalation Escalation categories are driven by a customers' view of the situation. If the impact on the customer is local (that is, within one area/country) the escalation category is local. If the impact is across a number of areas/countries within one region, the category is regional. If the impact is across a number of areas/countries in more than one region, the category is global. Once the escalation category has been determined, an Action Plan can be developed. Issue Resolution In the event of a customer satisfaction issue, the customer's first point of contact is the Primary Account Representative/Contract Program Manager or the Account Manager. This individual engages the necessary resources in the local service delivery unit, obtains the support of management in the local customer business district, and keeps the concerned sales organization updated on progress. Most issues are resolved readily at the local level. If needed, the situation is escalated to executive management at the territory or U.S. level. 36 of 42 EXHIBIT C — VALUE-ADDED SERVICES Contact HP, or visit the HP website, for further details on these Services: Installation Training Self -Maintainer Program Asset Management Imaging Factory Services for Servers and Storage HP Lease Financing Information Individual Purchasing Entities may enter in to lease agreements for the Products covered in this Master Price Agreement, if they have the legal authority to enter into these types of agreements without going through a competitive process. The lease agreements were not reviewed or evaluated as part of the RFP evaluation process. HP sample lease documents can be found under the "Information Center" link available on HP's WSCA-approved website at www.hp.com/buy/wscaiii. 37 of 42 EXHIBIT D- HP SOFTWARE LICENSE TERMS 1. LICENSE GRANT HP grants Customer a non-exclusive, non -transferable license to "Use", in object code form, the Version or Release of the HP Branded Software delivered from an HP accepted order. For purposes of this Agreement, unless otherwise specified in the SLI, "Use" means to install, store, load, execute, and display one copy of the Software on one device at a time for Customer's internal business purposes. Customer's Use of such Software is subject to these license terms, the applicable Use restrictions and authorizations, and applicable licensed locations for the Software specified in SLI(the "Software License"). The usage terms specified in the SLI for HP Branded Software will not be materially more restrictive than the Use defined in this sub -section. For non -HP Branded Software, the third party supplier's license terms and use restrictions found in the SLI will solely govern its use. 2. OWNERSHIP This Software License confers no title or ownership and is not a sale of any rights in the Software. Third -party suppliers are intended beneficiaries under this Agreement and independently may protect their rights in the Software in the event of any infringement. All rights not expressly granted to Customer are reserved solely to HP or its suppliers. 3. ACCEPTANCE Customer accepts Software upon delivery. 4. UPGRADES Software Versions or maintenance updates, if available, may be ordered separately or may be available through Software Support. HP reserves the right to require additional licenses and fees for Software Versions or separately purchased maintenance updates or for Use of the Software in conjunction with upgraded Hardware or Software. When Customer obtains a license for a new Software Version through Software Support or purchases an upgrade license to a new Version, Customer's Software License for the earlier Version shall terminate. Software Versions are subject to the license terms in effect on the date that HP delivers or makes the Version available to Customer. 5. LICENSE RESTRICTIONS a. Use Restrictions. Customer may not exceed the number of licenses, agents, tiers, nodes, seats, or other Use restrictions or authorizations agreed to and paid for by Customer. Some Software may require license keys or contain other technical protection measures. Customer acknowledges that HP may monitor Customer's compliance with Use restrictions and authorizations remotely, or otherwise. If HP makes a license management program available which records and reports license usage information, Customer agrees to appropriately install, configure and execute such license management program beginning no later than one hundred and eighty (180) days from the date it is made available to Customer and continuing for the period that the software is used. b. Copy and Adaptation. Unless otherwise permitted by HP, Customer may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. If Customer makes a copy for backup purposes and installs such copy on a backup device, unless otherwise provided in the SLI, Customer may not operate such backup installation of the Software without paying an additional license fee, except in cases where the original device becomes inoperable. If a copy is activated on a backup device in response to failure of the original device, the Use on the backup device must be discontinued when the original or replacement device becomes operable. Customer may not copy the Software onto or otherwise Use or make it available on, to, or through any public or external distributed network. Licenses that allow Use over Customer's intranet require restricted access by authorized users only. c. Copyright Notice. Customer must reproduce all copyright notices that appear in or on the Software (including documentation) on all permitted copies or adaptations. Copies of documentation are limited to internal use. d. Designated System. Notwithstanding anything to the contrary herein, the Software License for certain Software, as identified in SLI, is non -transferable and for Use only on a computer system owned, controlled, or operated by or solely on behalf of Customer and may be further identified by HP by the combination of a unique number and a specific system type ("Designated System") and such license will terminate in the event of a change in either the system number or system type, an unauthorized relocation, or if the Designated System ceases to be within the possession or control 38 of 42 of Customer. e. OS Software. Operating system Software may only be used when operating the associated Hardware in configurations as approved, sold, or subsequently upgraded by HP or an HP Business Partner. f. Changes. Customer will not modify, reverse engineer, disassemble, decrypt, decompile, or make derivative works of the Software. Where Customer has other rights mandated under statute, Customer will provide HP with reasonably detailed information regarding any intended modifications, reverse engineering, disassembly, decryption, or decompilation and the purposes therefore. g. Use for Service Provision. Extending the Use of Software to any person or entity other than Customer as a function of providing services, (i.e.; making the Software available through a commercial timesharing or service bureau) must be authorized in writing by HP prior to such use and may require additional licenses and fees. h. Consultant Use and Access. Subject to the terms and conditions of this Agreement, Customer may permit a consultant or subcontractor to Use Software at the licensed location for the sole purpose of providing services to Customer. Customer will be responsible and directly liable to HP for consultants' compliance with this Agreement. 6. LICENSE TERM AND TERMINATION Unless a different time period for the license is specified in the applicable SLI or quotation, , the Software License granted to Customer will be perpetual, provided however that HP may terminate the Software License upon notice for failure to comply with this Agreement. Immediately upon termination of the Software License or upon expiration of any individual limited term license, Customer will destroy the Software and all copies of the Software subject to the termination or expiration or return them to HP. Customer shall remove and destroy or return to HP any copies of the Software that are merged into adaptations, except for individual pieces of data in Customer's database. Customer may retain one copy of the Software subsequent to termination solely for archival purposes only. At HP's request, Customer will certify in writing to HP that Customer has complied with these requirements. 7. LICENSE TRANSFER Customer may not sublicense, assign, transfer, rent, or lease the Software or the Software License to any other party except as permitted in this section. Except as provided in sub -section 5.d above, HP Branded Software licenses are transferable subject to HP's prior written authorization and payment to HP of any applicable fees or compliance with applicable third party terms. Upon transfer of the Software License Customer's rights under the License will terminate and Customer will immediately deliver the Software and all copies to the transferee. The transferee must agree in writing to the terms of the Software License, and, upon such agreement, the transferee will be considered the "Customer" for purposes of the license terms. Customer may transfer firmware only upon transfer of the associated Hardware. 8. U.S. FEDERAL GOVERNMENT USE If the Software is licensed for use in the performance of a U.S. Government prime contract or subcontract, Customer agrees that, consistent with FAR 12.211 and 12.212, commercial computer Software, computer Software documentation and technical data for commercial items are licensed under HP's standard commercial license. 9. COMPLIANCE Customer agrees that HP may audit Customer's compliance with the Software License terms. Any such audit would be at HP's expense, require reasonable notice, and would be performed during normal business hours. If an audit reveals underpayments then Customer will immediately pay HP such underpayments together with the costs reasonably incurred by HP in connection with the audit and seeking compliance with this sub -section. 10. WARRANTY HP Branded Software will materially conform to its Specifications. If a warranty period is not specified for HP Branded Software, the warranty period will be ninety (90) days from the delivery date. 11. VIRUS WARRANTY HP warrants that any physical media containing HP Branded Software will be shipped free of viruses. 12. WARRANTY LIMITATION 39 of 42 HP does not warrant that the operation of Software will be uninterrupted or error free, or that Software will operate in Hardware and Software combinations other than as expressly required by HP in the Product Specifications or that Software will meet requirements specified by Customer. 13. EXCLUSIVE REMEDIES If notified of a valid warranty claim during the warranty period, HP will, at its option, correct the warranty defect for HP Branded Software, or replace such Software. If HP is unable, within a reasonable time, to complete the correction, or replace such Software, Customer will be entitled to a refund of the purchase price paid upon prompt return of such Software to HP. Customer will pay expenses for return of such Software to HP. HP will pay expenses for shipment of repaired or replacement Software to Customer. This sub -section 13 states HP's entire liability for warranty claims. 14. IMPLIED LICENSE There are no implied licenses. 40 of 42 EXHIBIT E — AUDITS MPA B27164 SALES AUDIT PLAN The "HP" 2009-2014 WSCA/NASPO Personal Computer and Related Devices Contract, Sales Audit Plan" specifies the sales audit plan and sale audit report format, as it applies to Section 46.A of the Master Price Agreement B27164. Audit Purpose: To confirm and ensure contract compliance. The audit will confirm if the agency paid the PSS discount price or a lower price in accordance with Section 13, Price Guarantee. Audit Responsibility: HP WSCA Primary Account Representative/Contract Program Manager (HP Program Management) Audit Conducted: Weekly Audit Results Timeframe: Provided to WSCA/NASPO Administrator Quarterly as required by WSCA/NASPO. Audit Process Step 1 On a weekly basis the HP WSCA/NASPO Contract Program Manager will obtain two reports; 1) summary activity (total number of orders) and 2) weekly orders. These reports will be used to pull one tenth of one percent (.001) of orders weekly. Step 2 The HP WSCA/NASPO Primary Account Representative/Contract Program Manager will pull at random one tenth of one percent of orders covering all Bands within the PSS, if procured Step 3 The HP WSCA/NASPO Contract Program Manager will pull the online copies of Purchase Order and Invoices based on the random one tenth of one percent of orders selected Step 4 The information on the Purchase Order and invoice will be documented in an excel file. Step 5 The HP WSCA/NASPO Contract Program Manager will compare the pricing on the line item detail report in comparison with the Purchase Order/Invoice and HP WSCA/NASPO Contract PSS Discounts in an excel file and compile audit results. Step 6 The HP WSCA/NASPO Contract Program Manager will provide the WSCA/NASPO Administrator in email, as noted in the Mandatory Meeting on 3/31, the following information covering a Quarter of the above audit detail/results: 1. Total Number of Purchase Orders during the timeframe 2. Total Number of Purchase Orders/Invoices audited based on the one tenth of a percent or no more then 100 purchase orders/invoices if there are more then 100,000 orders. 3. Results in a brief summary Step 7 HP will request approval by the WSCA/NASPO administrator on the format of the first submission of the sales audit to ensure this meets with the guidelines of the WSCA/NASPO administrator. Step 8 The HP WSCA/NASPO Contract Program Manager will provide the final documents and results to the HP Contract Operations team for our records. 41 of 42 WEBSITE PRICING AUDITS Website Pricing Audits as it applies to Section 46.A, of the Master Price Agreement 1327164, is specified below. HP has different team members that audit the pricing and websites. First, the WNPSP and other State standards pricing is monitored and updated by a set of team members daily and weekly and these are also monitored by the HP Contract Program Management team and inside sales teams on an ongoing basis, monthly and quarterly, see below schedule. Next, the PSS catalog file that HP will create for the new WSCA contract is tied to the then current HP List price and category percentages for each Band as noted in the HP PSS discount structure, which automatically generates the pricing fed to the website to calculate the pricing. As you may know with emerging technology, the list price can change weekly so this automated feature ensures the pre -calculated pricing is flowing accurately to the website. In addition to the sales audit plan attached to this response, the HP Program Management team is instituting an additional website audit that will be conducted bi-monthly on the PSS and monthly covering both the WNPSP and State Specific Standards website pricing as noted on the below schedule. As a normal course of business, HP contract operations and compliance teams conduct spot checks and internal audits to ensure compliance through a variety of internal audits, which will also continue. HP takes contract compliance seriously and even has an entire team dedicated to Government contract management, operations and compliance. WNPSP/State S iFlc Standards tt EX PSS Website Audits ,,.-nla' ; r fi r�iAUP?iMiFiUYav�Sw?fl.: 00 x Ix Standard HP Internal Autlits Weekly Monthl .81-Month[v Quarter) 42 of 42 Addendum to Master Price Agreement Between Hewlett Packard Company And State of Minnesota, Materials Management Division Representing the Western States Contracting Alliance (WSCA) and the National Association of State Procurement Officials (NASPO) Lead State Contract #: B27164 Executed on: July 2, 2009 July 23, 2009 Page 1 of 2 This Master Price Agreement Addendum governs Hewlett Packard Company's (hereinafter "CONTRACTOR") use of the NASPO/WSCA name and logo during the term of this Master Price Agreement and amendments to this Master Price Agreement. CONTRACTOR may use the name and logo only as set forth below. Any use not expressly permitted herein is prohibited, and such use constitutes a material breach of the Master Price Agreement with the Lead State and all Participating States. 1. CONTRACTOR may display the NASPO/WSCA name and logo on the face of the Master Price Agreement, including all electronic and hard copy versions. 2. CONTRACTOR and its subcontractors, resellers, and agents may display the NASPO/WSCA names and logos on a web site as a "click on" link to the Master Price Agreement. No other use of the logos or names is permitted on any web site, except as permitted in paragraphs 1 and 3. 3. With, and only with, prior written approval of the Lead Stale Contract Administrator, CONTRACTOR may advertise the Master Price Agreement in publications and promotional materials aimed at state and local government entities eligible to use the Master Price Agreement. The sole focus and intent of such advertisements must be to increase participation in the Master Price Agreement. The NASPO/WSCA names may be used and the logos displayed in the advertisement ONLY as it relates to the Master Price Agreement The Lead State Contract Administrator's approval must encompass the content and appearance of the advertisement and the media in which the advertisement will appear. 4. CONTRACTOR may not make explicit or implicit representations concerning the opinion of NASPO/WSCA, the Lead Slate, or any Participating Slate regarding CONTRACTOR or its products or services. This restriction includes general use of the NASPO/WSCA names and logos NOT directly linked to or related to this Master Price Agreement. 5. CONTRACTOR must ensure that its sub -contractors, resellers, and agents adhere to the terms of this Addendum, and CONTRACTOR is responsible for any breach by these entities. 6. CONTRACTOR must immediately cease all use of the NASPO/WSCA names and logos if directed to do so in writing by the Lead State Contract Administrator, and CONTRACTOR must ensure that its sub -contractors, re - sellers, and agents immediately cease all use. 7. CONTRACTOR shall not make, or permit its subcontractors, resellers, or agents to make, any alterations to NASPO's or WSCA's names or logos (including characters, style and colors) and CONTRACTOR shall not use or permit the use of NASPO's or WSCA's names or logos in a manner or context that could adversely affect NASPO's/WSCA's integrity, goodwill, or reputation. 8. Upon termination or expiration of the Master Price Agreement, CONTRACTOR and its sub- contractors, re - sellers, and agents must cease all use of the NASPO/WSCA names and logos; except that, CONTRACTOR may use the NASPO/WSCA names for reference purposes in a description of its prior experience. SIGNATURE PAGE - NEXT PAGE Addendum to Master Price Agreement Between Hewlett Packard Company And State of Minnesota, Materials Management Division Representing the Western States Contracting Alliance (WSCA) and the National Association of State Procurement Officials (NASPO) Lead State Contract #: B27164 Executed on: July 2, 2009 July 23, 2009 Page 2 of 2 Acknowledged: �J CONTRACTOR: >yf LEAD STATE: The Con that rhea propriab person(s)have execubd this In accordoMe with state statutes or rules. a of If of NreR I!, orasreq!red by opp&able ankles, by s, u' or ordl a d Sigrwta Signature 12ZY�ELsd ,e��' a�ii�L-------- --- ----------- - -- =------------------- Tine r de a� Kl---------------- aLF --------- --1�� ------------------ f 7 Dab- inn®sots MATERIALS MANAGEMENT DIVISION WSCA/NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mn.us AMENDMENT NUMBER: ONE (1) TO CONTRACT NUMBER: B27164 THIS AMENDMENT is by and between the State of Minnesota, acting through is commissioner of Administration, and on behalf of the WSCA/NASPO ("Lead State") and Hewlett Packard Company, Hewlett-Packard Company, 11445 Compaq Center Drive W, Houston, TX 77070 (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27164, effective September 1, 2009, through August 31, 2012, to provide direct -from -manufacturer personal computer equipment, peripherals and related services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract specifically state that the Contractor shall provide the basic warranty coverage as listed in its PSS. The HP -branded Products available in Bands 1 through 7 have a manufacturer standard warranty period that ranges from one year to three years. (Bands 1. Servers; 2. Workstations; 3. Printers; 4. Storage Solutions; 5. PDA's; 6. Instructional and Public Safety Bundles; and 7. Monitors) NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. The Contractor may offer one-year and/or two-year warranties for each Band of equipment provided in addition to the three-year warranty currently being offered. The Contractor shall show these as options when configuring a system/obtaining a quote, as a reduction in the cost of the equipment. This Amendment is effective beginning on the date that the final required signatures are obtained, and shall remain in effect until August 31, 2012, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the original Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. Intentionally Left Blank September, 2010 Amendment Number: One (1) Page 1 of 2 Pages to WSCA/NASPO PC Contract No. B27164 with Hewlett Packard Company AAWRV/S/ON WSCA/NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651, 297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mn.us IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. HEWLETT PACKARD COMPANY The Contractor certifies that the appropriate person(s) have executed this document on behalf of the Contractor as required by applicable artis, b s, resolutions, or ordinances. By: AzA Title: AQI?Qi' r_f A/ 4 rsfii9-�o�.. Date: M Title DatE 2. LEAD STATE MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. § 16C.03, Subd. 3. By. o Title: Acquisitions Supervisor Date: 3. LEAD STATE COMMISSIONER OF ADMINISTRATION Or delegated re resentative. By: Date: September, 2010 Amendment Number: One (1) Page 2 of 2 Pages to WSCA/NASPO PC Contract No. B27164 with Hewlett Packard Company X/000, inne�ota MATERIALS MANAGEMENT DIVISION WSCAfNASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mn.us WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 AMENDMENT NUMBER 2 THIS AMENDMENT is by and between the State of Minnesota, acting through is commissioner of Administration for the WSCA/NASPO ("Lead State") and Hewlett Packard Company (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27164, effective September 1, 2009, through August 31, 2012, to provide direct -from -manufacturer personal computer equipment and related devices, software and services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract specifically state that the contract may be amended per agreement by both parties. NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. Contract is extended through August 31, 2014. 2. The configuration limit of servers and storage may be increased up to $500,000 if this limit is approved by the State in their Participating Addendum. 3. The Premium Saving Package "Intent to Participate" document may be eliminated IF participation in the Premium Savings Package is approved by the State in their Participating Addendum. 4. Section 57, is hereby modify to state, "Contractor's involvement with E-Rate will be through Contractor's authorized Reseller Agent SPIN numbers only, utilized for K-12 procuring entities that receive E-Rate funding. This Amendment is effective beginning on September 1, 2012, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect until August 31, 2014 or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the original Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. Amendment Number: 2 Page 1 of 2 Pages to WSCA PC Contract MN B27164 with Hewlett Packard Company inner MATERIALS MANAGEMENT DIVISION WSCAINASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://wvwv. mmd.admin. state. mn. us IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. CONTRACTOR The Contractor certifies that the appropriate person(s) have executed this document on behalf of the Contractor as required by applicable articles, bylaws, resolutio s, or ordinances. By: Title: Contract Administrator Date: 6/25/2012 By: Title: Date: 2. LEAD STATE MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. § 16C.03, Subd. 3. By. Title: Acquisition Management Specialist Date: ?/gz/ -2--- 3. LEAD STATE COMMISSIONER OF ADMINISTRATION Or delegated rep entative. B. Amendment Number: 2 Page 2 of 2 Pages to wSCA PC Contract MN B27164 with Hewlett Packard Company EXHIBIT C PARTICIPATING ADDENDUM [hereinafter "Addendum" or "Agreement"] For WSCA/NASPO PC Contracts 2009.2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter "Contractor"] and the State of Washington Department of Information Services [hereinafter "Participating State" or "DIS"] (Participating State Contract Number T10-MST-297) Page 2 of 9 minute (50 ppm) (under Band 3 —Printers of the RFP) shall be expressly excluded from sale by Contractor for purchase under this Addendum by State Agencies. c. All "Personal Services," as defined in the Revised Code of Washington (RCW) at 39.29.006(7), shall be expressly excluded from sale by Contractor for purchase under this Addendum by State Agencies. "Personal services" include professional or technical expertise provided by a consultant to accomplish a specific study, project, task, or other work statement. This exclusion does not apply to such Services as warranty, maintenance, installation, de -installation, factory integration (software or equipment components), asset management, recycling/disposal, training and certification, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a Product offered or supplied. d. Disaster recovery planning and support services and pre -implementation planning and design services shall be expressly excluded from sale by Contractor for purchase under this Addendum by State Agencies, 3.2 Article 1 Definitions a. The definition of "State Procurement Official" is modified to read as follows: "State Procurement Official" means the Director of the Washington State Department of Information Services b. The definition of "Travel" is deleted as no travel expenses shall be reimbursed under this Addendum. c. A definition for "Confidential Information" shall be added as follows: "Confidential Information" shall mean information that may be exempt from disclosure to the public or other unauthorized persons under either Chapter 42.56 of the Revised Code of Washington (RCW) or other state or federal statutes. Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, Purchasing Entity source code or object code, or Purchasing Entity or Washington State security information or information identifiable to an individual that relates to any of these types of information. d. A definition for "Proprietary Information" shall be added as follows: PARTICIPATING ADDENDUM [hereinafter "Addendum" or "Agreement"] For WSCA/NASPO PC Contracts 2009=2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter "Contractor"] and the State of Washington Department of Information Services [hereinafter "Participating State" or "DIS"] (Participating State Contract Number T10-MST-297) Page 3 of 9 "Proprietary Information" shall mean information awned by Contractor to which Contractor claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, trademark or trade secret laws. e. A definition for "State Agency" shall be added for the purposes of this Addendum as follows: "State Agency" shall mean any Washington State office or activity of the executive and judicial branches of Washington State government, including state agencies, departments, offices, divisions, boards, commissions, and educational, correctional, and other types of institutions. 3.3 Article 6 Payment Provisions a. Article 6.13 Payment of Invoices is modified to add the following language: No advance payment shall be made for the Products and Services furnished by Contractor pursuant to this Agreement, except that maintenance on Washington State owned equipment may be paid up to one year in advance. b. Article 6.0 Payment of Taxes is modified to add the following language: Purchasing Entity will pay sales and use taxes, if any, imposed on the Products and Services acquired hereunder. Contractor must pay all other taxes including, but not limited to, Washington Business and Occupation Tax, other taxes based on Contractor's income or gross receipts, or personal property taxes levied or assessed on Contractor's personal property. Purchasing Entity, as an agency of Washington State government, is exempt from property tax. Contractor shall complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this Contract. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance, or other expenses for Contractor or Contractor's staff shall be Contractor's sole responsibility. 3.4 In Article 12 Patent, Copyright, Trademark and Trade Secret Indemnification, the text of subparagraph A.2. shall be deleted and replaced with the following: "Use its best efforts to encourage the Office of the Attorney General of Washington to PARTICIPATING ADDENDUM [hereinafter "Addendum" or "Agreement"] For WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter "Contractor"] and the State of Washington Department of Information Services [hereinafter "Participating State" or "DISI (Participating State Contract Number T10-MST-297) Page 4 of 9 grant Contractor sole control of the defense and all related settlement negotiations; and" 3.5 Article 20 Records and Audif is deleted and replaced with the following language: Contractor and its Subcontractors shall maintain books, records, documents and other evidence relating to this Contract, including but not limited to protection and use of Purchasing Entity's Confidential Information, and accounting procedures and practices, for six (6) years after the expiration or termination of this Addendum. All such records shall be subject at reasonable times and upon prior notice to examination, inspection, copying, or audit by personnel so authorized by the Purchasing Entity's Contract Administrator and/or the Office of the State Auditor for the State of Washington and federal officials so authorized by law, rule, regulation or contract, when applicable, at no additional cost to the State of Washington. Contractor shall be responsible for any audit exceptions or disallowed costs incurred by Contractor or any of its Subcontractors. 3.6 Article 34 Data Practices is hereby deleted and replaced in its entirety with the following language: A. Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Addendum or its performance may consist of Confidential Information, Confidential Information will be marked at the time of disclosure to show its confidential nature, or if unmarked and disclosed orally or visually but treated as confidential at the time of disclosure it will be described in detail and designated to show its confidential nature in writing to recipient within thirty (30) days after disclosure. Contractor agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this PA, to release it only to authorized employees or Subcontractors requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without Purchasing Entity's express written consent or as provided by law. Contractor agrees to release such information or material only to employees or Subcontractors who have agreed to maintain the confidentiality of Confidential Information as provided for in this section 3.6.A. of the Addendum.. Contractor agrees to implement physical, electronic, and PARTICIPATING ADDENDUM [hereinafter "Addendum° or "Agreement"] For WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Hewlett Packard Company [hereinafter "Contractor"] and the State of Washington Department of Information Services [hereinafter "Participating State" or "DIS"] (Participating State Contract Number T10-MST-297) Page 5 of 9 managerial safeguards to prevent unauthorized access to Confidential Information. B. Immediately upon expiration or termination of this Addendum or the pertinent transaction with Purchasing Entity, Contractor shall, at Purchasing Entity's option: (i) certify to Purchasing Entity that Contractor has destroyed all Confidential Information; or (ii) return all Confidential Information to Purchasing Entity; or (iii) take whatever other steps Purchasing Entity requires of Contractor to protect Purchasing Entity's Confidential Information. C. Violation of this section by Contractor or its Subcontractors may result in termination of this Addendum and demand for return of all Confidential Information, monetary damages, or penalties. D. Contractor acknowledges that DIS and Purchasing Entities are subject to chapter 42.56 RCW and that this Agreement shall be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by Contractor to be Proprietary Information, must be clearly identified as such by Contractor. To the extent consistent with chapter 42.56 RCW, DIS and Purchasing Entities shall maintain the confidentiality of all such information marked Proprietary Information. If a public disclosure request is made to view Contractor's Proprietary Information, DIS or Purchasing Entity will notify Contractor of the request and of the date that such records will be released to the requester unless Contractor obtains a court order from a court of competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order enjoining disclosure, DIS or Purchasing Entity will release the requested information on the date specified. 3.7 Article 44.8 Participating Entity Reports and Fees is hereby modified to add the following language: Contractor agrees to provide monthly reports to the Participating State contact listed in Section 6 below for the State of Washington. The monthly report shall include the gross Washington sales for the month just ended, excluding sales tax, subtotaled by Purchasing Entity name within Washington and shall include the Contractor's customer number for each Purchasing Entity. The report shall be accompanied with a check payable to the Department of information Services for an amount equal to one and one-half percent (1.5% or .015) of the gross Washington sales, excluding sales tax, for the month. The monthly report and fee shall be submitted by the last PARTICIPATING ADDENDUM [hereinafter "Addendum" or "Agreement"] For WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER 827164 Between Hewlett Packard Company [hereinafter "Contractor"] and the State of Washington Department of Information Services [hereinafter "Participating State" or "DIS"] (Participating State Contract Number T10-MST-297) Page 6 of 9 business day of the month following the month in which Contractor invoiced the Purchasing Entity. Monthly reports are required even if no activity occurred. 3.8 Article 46 Audits is hereby modified to add the following language: As a part of its Participating State function, DIS will from time to time perform audits of Purchasing Entity invoices to ensure that the invoices and that the Products and Services listed and the prices charged for the Products and Services are accurate and in accordance with the Agreement. DIS will perform these audits by selecting Purchasing Entities from an Activity Report and asking Contractor to send the invoices for those Purchasing Entities for that report period. The DIS request will be in writing, and will list the Contractor's customer numbers -for the Purchasing Entities. Such requests will not exceed twelve (12) per year. Contractor shall ensure that DIS receives the requested invoices within thirty (30) days of Contractor's receipt of DIS' request. Contractor will be responsible for any audit exceptions or disallowed costs. Dis will also conduct periodic spot check audits of the Prices, Products and Services listed on the website that Contractor maintains for state of Washington Purchasing Entities. DIS will communicate any discrepancies to Contractor and Contractor agrees to correct any deficiencies within three (3) Business Days, or as otherwise agreed. 3.9 Article 52 Right to Publish is hereby modified to add the following language: Contractor agrees to submit to DIS all advertising, sales promotion, and other publicity materials relating to this Agreement or any Product furnished by Contractor wherein DIS' or Purchasing Entity's name is mentioned, language is used, or Internet links are provided from which the connection of DIS' or Purchasing Entity's name with Contractor's Products or Services may, in DIS' or Purchasing Entity's judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, sales promotion materials, publicity or the like through print, voice, the World Wide Web, and other communication media in existence or hereinafter developed without the express written consent of DIS or Purchasing Entity prior to such use. PARTICIPATING ADDENDUM [hereinafter "Addendum" or "Agreement"] For WSCA/NASPO PC Contracts 2009=2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter "Contractor"] and the State of Washington Department of Information Services [hereinafter "Participating State" or "DIS"] (Participating State Contract Number T10-MST-297} Page 7 of 9 Continuation of Authorization for Participation from WSCA/NASPO PC Contracts 2004-2009: The authorization to participate in the WSCA/NASPO PC Contracts 2004-2009 is sufficient to permit participation in the WSCA/NASPO PC Contracts 2009-2014, unless specifically denied by the appropriate chief state procurements official. 5. Lease Agreements Leasing by the Contractor to State Agencies is NOT authorized under this Addendum. Eligible non -state agency Purchasing Entities that have the legal authority to enter into a lease to finance their purchase(s), may elect to establish a separate lease agreement in the form of lease purchase agreement made available by Contractor through its Affiliate, HP Financial Services (HPFS). 6. Primary Contacts The primary government contact individuals for this Addendum are as follows (or their named successors): Lead State Name: Bernadette Kopischke Address: 112 Admin Bldg, St Paul, MN 55155 Telephone: (651) 201-2450 Fax: (651) 297-3996 E-mail: bernie.kopischkeO�state.mn.us Contractor Name: Debra Lee Address: 442 Swan Blvd., Deerfield, IL 60015 Telephone: 847453740344 Fax: E-mail: debra.IWe hp.com C Participating State Name: Master Contract Administrator Address: If by US Postal Service PO Box 42445, Olympia, WA 98504-2445 PARTICIPATING ADDENDUM [hereinafter "Addendum" or "Agreement"J For WSCA/NASPO PC Contracts 2009=2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company (hereinafter "Contractor"] and the State of Washington Department of Information Services [hereinafter "Participating State" or "DIS"] (Participating State Contract Number T10-MST-297) Page 8 of 9 if 6v Overnight Courier 1110 Jefferson Street SE, Olympia, WA 98504 Telephone: (360) 902-3551 Fax: (360) 586-1414 E-mail: MCAdmin@dis.wa.gov 7. Servicing Subcontractors: HP -authorized subcontractors are eligible to fulfill orders under the Master Price Agreement and this Addendum. HP -authorized subcontractors include distributors and the reseliers and service providers listed on the HP/State website at www,hp.com/buy/wscaiii. HP -authorized subcontractors are included in HP's Partner One Reseller and/or Reseller Agent Program. Orders and invoicing for products in Band 1 (Servers), Band 4 (Storage) and "Other Software" may be processed by either HP or an HP -authorized subcontractor. Orders and invoicing for products in Band 2 (PCs), Band 3 (Printers), Band 5 (PDAs), Band 6 (Instructional Bundles} and Band 7 (Monitors) must be handled by HP directly. A11 purchase orders issued by purchasing entities under this Addendum must include the Participating State contract number(T10-MST-297) and the Master Price Agreement Number (B27164). 8. Compliance with reporting requirements of the "American Recovery and Reinvestment Act of 2009" ("ARRA"): If or when contractor is notified by ordering entity that a specific purchase or purchases are being made with ARRA funds, contractor agrees to comply with the data element and reporting requirements that are legally required of providers of goods and related services. Ordering entity is responsible for informing contractor as soon as the ordering entity is aware that ARRA funds are being used for a purchase or purchases. Contractor will provide any required report to the ordering entity as required by law. The Contractor, as it relates to purchases under this contract, Is not a subcontractor or subgrantee, but simply a provider of goods and related services. This Addendum and the Master Price Agreement together with its exhibits, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Master Price Agreement, together with its PARTICIPATING ADDENDUM [hereinafter "Addendum" or "Agreement'] For WSCAINASPO PC Contracts 2009=2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Between Hewlett Packard Company [hereinafter "Contractor"] and the State of Washington Department of Information Services [hereinafter "Participating State" or "DIS"] (Participating State Contract Number T10-MST-297) Page 9 of 9 exhibits, shall not be added to or incorporated into this Addendum or the Master Price Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Master Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms. This Addendum applies only in the jurisdiction of the Participating State or Participating Entity which has executed this Addendum. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by Contractor below. Approved State of Washington Department of Information Services Rivera Assistant Director Approved as to Form State of Washington Office of the Attorney General nn or Type ama Approved Hewlett Packard Company PARTICIPATING ADDENDUM [hereinafter "Addendum" or NAgreement] For WSCA/NASPO PC Contracts 2009=2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27164 Hewlett Packard Company [hereinafter "Contractor"] and the State of Washington Department of Information Services [hereinafter "Participating State" or "DIS"] (Participating State Contract Number T10-MST-297) Page 9 of 9 exhibits, shall not be added to or incorporated into this Addendum or the Master Price Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Master Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms. This Addendum applies only in the jurisdiction of the Participating State or Participating Entity which has executed this Addendum. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by Contractor below. Approved State %J Washington Department of Information Services tgnature Rivera Assistant Director e ate Approved as to Form State of Washington Office of the Attorney General nn cr ype ame Approved Hewlett Packard Company /gnature Print ar Type Name PARTICIPATING ADDENDUM (PA) AMENDMENT 10-01 [hereinafter "Amendment"] For WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER 827164 Between Hewlett Packard Company [hereinafter "Contractor"] and the State of Washington Department of information Services [hereinafter "Participating State" or "DIS"] (Participating State Contract Number T10-MST-297) To clarify the PA, the above referenced contract is hereby amended as follows: Section 7, Servicing Subcontractors, paragraph 2 is replaced in its entirety with the following: Orders and invoicing for Products in Band 1 (Servers), Band 4 (Storage), and "Other Software" must be processed by HP. Only HP -authorized resellers listed in this PA by subsequent amendment hereto, added on the basis that they have expressly agreed to the terms and conditions of the State of Washington PA, are authorized to accept orders and invoice for Products in these Bands. All other terms and conditions remain unchanged. This Amendment Approved and Agreed to by the signatures of the parties to the contract as shown: State of Washington Dept. of Information Services Scott Smith Print or Type Name Planning and Design Manager .l r�/7�o9 Title Date Hewlett-Packard Company l� Print or Type Name er eyf,7 Z70: 44;�- / Title Date EXHIBIT D Cooperative member list 6/3/13 11:22 AM — 30300 I { F01 BENTON COUNTY FIRE DISTRICT I FIRE DISTRICT 1 FIRE DISTRICT 2- BENTON P 30300 F02 BENTON COUNTY FIRE DISTRICT P CITY 30300 F04 BENTON COUNTY FIRE DISTRICT FIRE DISTRICT 4- W RICHLAND P BENTON COUNTY PUBLIC UTILITY DISTRICT ADMINISTRATION P 30305 044 43700 001 BENTON PORT OF OFFICE f P ---��ADMINISTRATION COMMUNITY ACTION 50009 002 BENTON/FRANKLIN CAC N COMMITTEE 35403 001 BETHEL SCHOOL DISTRICT 403 ADMINISTRATION P 22001 001 BINGEN CITY OF FINANCIAL OFFICE P 21705 888 BLACK DIAMOND CITY OF - _ ADMINISTRATION z P 23702 888 BLAINE CITY OF ADMINISTRATION P 35503 001 BLAINE SCHOOL DISTRICT 503 ADMINISTRATION OFFICE P 22701 888 BONNEY LAKE CITY OF i v ADMINISTRATION - P 21706 888 BOTHELL CITY OF ADMINISTRATION P ADMINISTRATION P 21801 888 BREMERTON CITY OF e BREMERTON HOUSING 21801 010 BREMERTON CITY OF P AUTHORITY 41800 001 BREMERTON PORT OF PURCHASING OFFICE P 36100 001 BREMERTON SCHOOL DISTRICT 100 PURCHASING- P P 36111 007 BREWSTER SCHOOL DISTRICT 111 F ADMINISTRATION OFFICE - 20901 001 BRIDGEPORT CITY OF FINANCIAL OFFICE P 24300 888 BURIEN CITY OF ADMINISTRATION P 22902 888 BURLINGTON CITY OF ADMINISTRATION P BURLINGTON EDISON SCHOOL DISTRICT 35100 001 ADMINISTRATION P 100 CLARK CO PUBLIC TRANS 20055 006 C-TRAN VANCOUVER WASHINGTON P BENEFIT AREA 80328 F01 I CAMANO ISLAND FIRE AND RESCUE ISLAND CO FIRE DIST 1- N CAMANO ISLAND MOSQUITO CONTROL 30390 001 CAMANO ISLAND P DISTRICT 20602 888 CAMAS CITY OF ADMINISTRATION P 35117 000 CAMAS SCHOOL DISTRICT 117 OFFICE P 82800 001 CANCER RESEARCH AND BIOSTATISTICS ADMINISTRATION P 21707 888 CARNATION CITY OF ALL P 85172 001 CASCADE WATER ALLIANCE COOP MEMBERSHIP N 20801 888 CASTLE ROCK CITY OF ADMINISTRATION P DISTRICT 401 35021 001 CASTLE ROCK SCHOOL DISTRICT 401 P ADMINISTRATION 31809 F01 'CENTRAL KITSAP FIRE AND RESCUE MERGER OF F01, F12, F15 P 35401 101 CENTRAL KITSAP SCHOOL DISTRICT 401 PURCHASING P 35356 001 CENTRAL VALLEY SCHOOL DISTRICT 356 PURCHASING OFFICE I P CENTRAL WASHINGTON COMP MENTAL 50017 020 ADMINSTRATION N HEALTH 10320 001 CENTRAL WASHINGTON FAIR ASSOCIATION COOP MEMBERSHIP P CENTRAL WHIDBEY ISLAND FIRE AND 80235 001 ADMINISTRATION P RESCUE https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 2 of 17 Cooperative member list 6/3/13 11:22 AM 22101 888 CENTRALIA CITY OF CENTRALIA SCHOOL DISTRICT 401 ADMINISTRATION ADMINISTRATION 35040 001 P 85772 001 CHEHALIS - CENTRALIA AIRPORT � ADMINISTRATION P _ i 22102 888 CHEHALIS CITY OF ADMINISTRATION P 20402 888 CHELAN CITY OF _ ADMINISTRATION P 10400 888 CHELAN COUNTY ADMINISTRATION DIST 6- MONITOR/BLEWETT P 30400 F06 CHELAN COUNTY FIRE DISTRICT P PASS - 30400 F01 CHELAN COUNTY FIRE DISTRICT FIRE DISTRICT 1 P FIRE DISTRICT 3- 30400 F03 CHELAN COUNTY FIRE DISTRICT P LEAVENWORTH 30400 F05 CHELAN COUNTY FIRE DISTRICT FIRE DISTRICT 5- MANSON P CHELAN COUNTY PUBLIC UTILITY DISTRICT 30405 001 ADMINISTRATION P 016 CHELAN DOUGLAS CO LINK TRANSIT TRANSIT P _30407 v `CLINK - CHELAN DOUGLAS COUNTY HEALTH 39313 100 ADMINISTRATION P DISTRICT 23202 888 CHENEY CITY OF ADMINISTRATION P 35360 004 CHENEY SCHOOL DISTRICT 360 ADMINISTRATION OFFICE P 23301 888 888 CHEWELAH CITY OF CLALLAM COUNTY ADMINISTRATION P 10500 ADMINISTRATION P 10500 015 CLALLAM COUNTY CLALLAM TRANSIT SYSTEM P - 30502 F02 CLALLAM COUNTY FIRE DISTRICT FIRE DISTRICT 2- PT ANGELES P 30502 F03 CLALLAM COUNTY FIRE DISTRICT FIRE DISTRICT 3- SEQUIM P 39075 020 CLALLAM COUNTY HOSPITAL DISTRICT#1 FORKS COMMUNITY HOSPITAL P CLALLAM COUNTY PUBLIC UTILITY 30500 006 PUD 1 ADMIN P DISTRICT 10600 888 CLARK COUNTY ADMINISTRATION P CLARK CO FIRE & RESCUE 30600 F11 CLARK COUNTY FIRE DISTRICT P (D11&12) 30600 F06 'CLARK COUNTY FIRE DISTRICT DIST 6- HAZEL DELL/ MT VISTA P ` i 30600 F09 CLARK COUNTY FIRE DISTRICT EAST COUNTY FIRE & RESCUE P 30600 F13 CLARK COUNTY FIRE DISTRICT FIRE DIST 13- YACOLT P 30603 017 CLARK COUNTY PUBLIC UTILITY DISTRICT ADMINISTRATION P 20202 888 CLARKSTON CITY OF ADMINISTRATION P 35185 000 CLARKSTON SCHOOL DISTRICT 250 ADMINISTRATION OFFICE P 37404 002 CLE ELUM-ROSLYN SCHOOL DISTRICT 404 ADMINISTRATION P 35400 001 CLOVER PARK SCHOOL DISTRICT 400 CENTRAL RECEIVING P 21708 888 CLYDE HILL CITY OF ADMINISTRATION P 82281 001 COAL CREEK UTILITY DISTRICT WATER & SEW ADMIN P COALITION AGAINST DOMESTIC VIOLENCE 80469 000 COOP MEMBERSHIP- WA N WA ST 23601 888 COLLEGE PLACE CITY OF ADMINISTRATION P 10700 011 COLUMBIA COUNTY PUBLIC TRANSPORTATION P 30304 150 COLUMBIA IRRIGATION DISTRICT IRRIGATION DISTRICT ADMIN P 23302 1 888 COLVILLE CITY OF ADMINISTRATION P https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 3 of 17 Cooperative member list 6/3/13 11:22 AM 50029 003 COMMUNITY ACTION COUNCIL I LEWIS MASON THURSTON I N 82199 001 COMMUNITY TRANSIT SNOHOMISH CO COMMUNITY TRANSIT HQ P PTBAC 82366 001 CONSOLIDATED DIKING IMPROVEMENT DIST ENG MGR OFC P DISTRICT 1 22403 888 COULEE DAM TOWN OF ADMINISTRATION P 82298 001 COUPEVILLE SCHOOL DISTRICT 204 DISTRICT OFFICE P 21703 T 888 COVINGTON CITY OF ADMINISTRATION P 83306 001 COVINGTON WATER DISTRICT COVINGTON ACCOUNTING P 30801 F02 COWLITZ CO FIRE DISTRICT COWLITZ 2 FIRE & RESCUE P 30801 F01 COWLITZ CO FIRE DISTRICT FIRE DISTRICT 1- WOODLAND P 30801 F05 COWLITZ CO FIRE DISTRICT FIRE DISTRICT 5= KALAMA P 30801 F06 COWLITZ CO FIRE DISTRICT FIRE DISTRICT 6- CASTLE P ROCK 10800 888 COWLITZ COUNTY ' ADMINISTRATION P COWLITZ COUNTY PUBLIC UTILITY 30800 006 ADMINISTRATION P _ DISTRICT_ 83602 F07 COWLITZ SKAMANIA FIRE DISTRICT 7 _ ADMINISTRATION — P 33115 008 CROSS VALLEY WATER DISTRICT ADMINISTRATION P 21720 888 CUSICK CITY OF �v ADMINISTRATION P 35207 117 DAVENPORT SCHOOL DISTRICT 207 i ADMINISTRATION e P 20701 001 DAYTON CITY OF V ADMINISTRATION P 23203 888 DEER PARK CITY OF ADMINISTRATION P 21709 888 DES MOINES CITY OF ADMINISTRATION i P 80467 001 DIERINGER SCHOOL DISTRICT 343 A ADMINISTRATION V P 10900 888 DOUGLAS COUNTY ADMINISTRATION P 30900 F01 DOUGLAS COUNTY FIRE DISTRICT I FIRE DISTRICT 1- WATERVILLE P 30900 F05 DOUGLAS COUNTY FIRE DISTRICT FIRE DISTRICT 5 P 30901 005 DOUGLAS COUNTY PUBLIC UTILITY PUD NO 1 P DISTRICT 30903 030 �DOUGLAS COUNTY SEWER DISTRICT ADMINISTRATION P 30803 F15 DOUGLAS OKANAGAN FIRE DISTRICT 15 BREWSTER P DRUG ABUSE COUNCIL OF SNOHOMISH — - - -- - ---- -1 85811 001 COUNTY ADMINISTRATION N 22704 888 DUPONT CITY OF COOP MEMBERSHIP P 22725 888 DUVALL CITY OF ADMINISTRATION P 30101 002 EAST COLUMBIA BASIN IRRIGATION IRRIGATION DISTRICT ADMIN P DISTRICT 82415 000 EAST SPOKANE WATER DISTRICT DISTRICT 1 P — -- - - - --- ------ EAST VALLEY SCHOOL DISTRICT 361 35361 002 (SPOKANE) — -- — ADMINISTRATION OFFICE P EAST VALLEY SCHOOL DISTRICT 90 i 35090 042 ADMINISTRATION P (YAKIMA) 20902 888 I EAST WENATCHEE CITY OF ADMINISTRATION P 30401 005 I EAST WENATCHEE WATER DISTRICT ' WATER DISTRICT ADMIN P I 31 001 EASTMONT METROPOLITAN PARK DISTRICT ADMINISTRATION P https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 4 of 17 Cooperative member list 6/3J13 11:22 AM 84442 001 �I-_ F60200 I 001 35404 001 23104 888 43100 001 EASTMONT SCHOOL DISTRICT 206 EASTSIDE PUBLIC SAFETY COMMUNICATIONS AGENCY EATONVILLE SCHOOL DISTRICT 404 EDMONDS CITY OF -� EDMONDS PORT OF M940 1 001 I EDMONDS PUBLIC FACILITIES DISTRICT 38401 001 36603 001 36604 001 36609 001 36610 004 36605 - 010 36608 I 001 28010 � 001 21902 888 36401 v 001 35068 001 35308 I 021 EDMONDS SCHOOL DISTRICT 15 EDUCATIONAL SERVICE DISTRICT 112 SW EDUCATIONAL SERVICE DISTRICT 113 EDUCATIONAL SERVICE DISTRICT 114 OLYMPIC EDUCATIONAL SERVICE DISTRICT 121 PS EDUCATIONAL SERVICE DISTRICT 123 SE EDUCATIONAL SERVICE DISTRICT 171- NORTH CENTRAL EDUCATIONAL SERVICE DISTRICT 189 NW ADMINISTRATION EPSCA ADMINISTRATION ADMINISTRATION ADMINISTRATION FAC DIST- EDMONDS CNTR FOR THE ARTS ADMINISTRATION ADMINISTRATION OFFICE ADMINISTRATION �A BUSINESS OFFICE ADMINISTRATION SUPERINTENDENT ESD 171- NORTH CENTRAL ADMIN ESD 189 AMININISTRATION ELECTRIC CITY CITY OF (ADMINISTRATION ELLENSBURG CITY OF ADMINISTRATION ELLENSBURG SCHOOL DISTRICT 401 ADMINISTRATION ELMA SCHOOL DISTRICT 68 'T ADMINISTRATION ENDICOTT SCHOOL DISTRICT 308 ADMINISTRATION OFFICE ENDURIS WASHINGTON (WAS WA GOV - 80370 002 ADMINISTRATION ENTITY POOL) 0 P P P P P P P P P P P - P P 70001 003 ENERGY NORTHWEST ADMINISTRATION P ENTERPRISE FOR PROGRESS IN THE 85094 001 ADMINISTRATION N COMMUNITY 85023 001 ENTRUST COMMUNITY SERVICES ADMINISTRATION N 21711_ 888 ENUMCLAW CITY OF ADMINISTRATION P� - r- -` _ - -_ 35603 I_001 ENUMCLAW SCHOOL DISTRICT 216 ADMINISTRATION P- - 35165 002 EPHRATA SCHOOL DISTRICT 165 ADMINISTRATION P 23105 888 EVERETT CITY OF !ADMINISTRATION P 23105 300 EVERETT CITY OF HOUSING AUTHORITY P 43101 001 EVERETT PORT OF I ADMINISTRATION P 36002 002 EVERETT SCHOOL DISTRICT 2 PURCHASING OFFICE P 35114 001 EVERGREEN SCHOOL DISTRICT 114 ACCOUNTING DEPARTMENT P 23703 888 EVERSON CITY OF ;ADMINISTRATION P 80263 001 FALL CITY WATER DISTRICT ADMINISTRATION P 35604 j 001 FEDERAL WAY SCHOOL DISTRICT 210 ADMINISTRATION P 23704 888 FERNDALE CITY OF ADMINISTRATION P 35502 001 FERNDALE SCHOOL DISTRICT 502 ADMINISTRATION OFFICE P 11000 888 FERRY COUNTY ADMINISTRATION P 30950 015 FERRY COUNTY PUBLIC UTILITY DISTRICT PUD 1 P ---- 22706 --- ---- 888 -- -- -- - - - FIFE CITY OF - - --- ADMINISTATION -- - P https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 5 of 17 Cooperative member list 6/3/13 11:22 AM 35417 017 FIFE PUBLIC SCHOOLS 417 :ADMINISTRATION P -` 31100 F03 FRANKLIN COUNTY FIRE DISTRICT FIRE DISTRICT 3- PASCO P FRANKLIN COUNTY PUBLIC UTILITY 31101 002 PUD1 I P DISTRICT l ---- - 35402 001 FRANKLIN PIERCE SCHOOL DISTRICT 402 ADMINISTRATION P 22801 888 FRIDAY HARBOR TOWN OF ADMINISTRATION P 11200 888 GARFIELD COUNTY ADMINISTRATION P --- i- 22708 888 GIG HARBOR CITY OF ADMINISTRATION P 35615 001 GLENWOOD SCHOOL DISTRICT 401 ADMINISTRATION P 38404 001 GOLDENDALE SCHOOL DISTRICT 404 ADMINISTRATION - P 47004 020 GONZAGA UNIVERSITY PURCHASING N 21305 888 GRAND COULEE CITY OF ADMINISTRATION P 70003 020 GRAND COULEE PROJECT HYDROELECTRIC AUTHORITY P 23901 888 GRANDVIEW CITY OF ADMINISTRATION P 35200 001 ADMINISTRATION P GRANDVIEW SCHOOL DISTRICT 200� 23902 888 GRANGER CITY OF - ADMINISTRATION P 23107 888 GRANITE FALLS CITY OF ADMINISTRATION P 11300 101 GRANT COUNTY HOUSING AUTHORITY P y 11300 037 GRANT COUNTY TRANSIT AUTHORITY P 31302 F04 GRANT COUNTY FIRE DISTRICT FIRE DISTRICT 4- WARDEN P - - 31302 F05 GRANT COUNTY FIRE DISTRICT FIRE DISTRICT 5- MOSES LK P 31300 011 GRANT COUNTY PUBLIC UTILITY DISTRICT PUD 2 P 11400 888 GRAYS HARBOR COUNTY ADMINISTRATION P 31401 ---- F02 GRAYS HARBOR COUNTY FIRE DISTRICT --------------------- GRAYS HARBOR COUNTY PUBLIC UTILITY DIST 2- BRADY/MONTESANO - --- --------- - PUD 1-CHERRY ST ADMIN P - 31400 005 P DISTRICT 1 OFFICE - 41400 001 GRAYS HARBOR PORT OF PURCHASING P 36324 010 GRIFFIN SCHOOL DIST 324 'ADMINISTRATION P 39020 H02 HARBORVIEW MEDICAL CENTER ADMINISTRATION P 37401 002 HIGHLINE SCHOOL DISTRICT 401 PURCHASING DEPT P I 31714 112 HIGHLINE WATER DISTRICT FINANCIAL OFFICE P 41801 001 HOODSPORT PORT OF PURCHASING OFFICE P 85062 001 HOPE SOURCE ADMINISTRATION N 21404 888 HOQUTAM CITY OF ADMINISTRATION P 36028 005 HOQUTAM SCHOOL DISTRICT 28 ADMINISTRATION P 82506 1 001 HOUSING AUTHORITY OF GRAYS HARBOR ADMINISTRATION P 28014 001 HUNTS POINT TOWN OF ADMINISTRATION P 85520 001 ICICLE IRRIGATION DISTRICT 1ADMINISTRATION P 22501 888 ILWACO CITY OF ADMINISTRATION P 001 ILWACO PORT OF _ ADMINISTRATION P_I -42501 80124 001 JINTERCITY TRANSIT PURCHASING P 1 11500 888 ISLAND COUNTY ADMINISTRATION P 11500 210 ISLAND COUNTY HOUSING AUTHORITY P - https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 6 of 17 Cooperative member list 6/3/13 11:22 AM i 1500 1 030 JISLANDCOUNTY ICOM P 31500 F01 ISLAND COUNTY FIRE DISTRICT D1- CAMANO ISLAND FIRE & P RESCUE 31500 F02 ISLAND COUNTY FIRE DISTRICT D2- NORTH WHIDBEY FIRE `& P RESCUE 31500 �F03 ISLAND COUNTY FIRE DISTRICT T D3- SOUTH WHIDBEY P FIRE/EMS 80329 001 ISLAND TRANSIT ISLAND TRANSIT P 84711 001 ISLANDWOOD ADMINISTRATION N 21714 888 ISSAQUAH CITY OF ADMINISTRATION — -- P 35411 001 ISSAQUAH SCHOOL DISTRICT 411 PURCHASING DEPARTMENT P 1002 131 JAMESTOWN SKLALLAM TRIBE ADMINISTRATION P 11600 888 JEFFERSON COUNTY (ADMINISTRATION P 11600 165 JEFFERSON COUNTY TRANSIT AUTHORITY P 31601 _ 350 JEFFERSON COUNTY PUBLIC UTILITY — ADMINISTRATION P DISTRICT 39022 002 JEFFERSON GENERAL HOSPITAL ! JEFFERSON HEALTHCARE P (PUB HOSP D2) 20802 888 KALAMA CITY OF ADMINISTRATION P 36040 001 KALAMA SCHOOL DISTRICT 402 ADMINISTRATION P 20803 888 KELSO CITY OF — — PUBLIC WORKS DEPT P 35458 003 KELSO SCHOOL DISTRICT 458 ADMINISTRATION OFFICE P 80459 888 KENMORE CITY OF ACCOUNTS PAYABLE' P 20302 888 KENNEWICK CITY OF ADMINISTRATION P 30306 130 KENNEWICK IRRIGATION DISTRICT ADMINISTRATION P 36017 001 KENNEWICK SCHOOL DISTRICT 17 -+ --- ADMINISTRATION - P 21715 31718 35415 23303 32301 888 •, KENT CITY OF (ADMINISTRATION P T KENT FIRE DEPARTMENT REGIONAL FIRE F01 REGIONAL FIRE AUTHORITY P AUTHORITY 001 KENT SCHOOL DISTRICT 415 ADMINISTRATION - P - — 888 I KETTLE FALLS CITY OF (ADMINISTRATION P — — KEY PENINSULA METRO PARK AND RECREATION DIST 001 P RECREACTION DISTRICT ADMINISTRATION 11700 888 KING COUNTY ADMINISTRATION 11701 P P P P 0 P P _. F- P P https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 7 of 17 Cooperative member list 6/3/13 11:22 AM 31699 105 KING COUNTY WATER SEWER DISTRICT 90 P IKINGC 31699 106 , UNTY WATER SEWER WATER DISTRICT 111 P _ 31699 125 KING COUNTY WATER SEWER - WATER DISTRICT 125 P 31699 019 KING COUNTY WATER SEWER WATER DISTRICT 19 P J 21716 888 KIRKLAND CITY OF ADMINISTRATION P —� 85425 001 KITSAP CO FIRE DISTRICT 18 POULSBO FIRE DEPT P 11800 888 KITSAP COUNTY _ ADMINISTRATION P DIST 10 -NORTH KITSAP FIRE 31803 F10 KITSAP COUNTY FIRE DISTRICT P & RESCUE ! DIST 7 -SO KITSAP FIRE & 31803 F07 KITSAP COUNTY FIRE DISTRICT P RESCUE POULSBO FIRE DEPT= (USE 31803 F18 KITSAP COUNTY FIRE DISTRICT P 85425) J KITSAP PUBLIC HEALTH 39330 001 KITSAP COUNTY HEALTH DISTRICT P i DISTRICT 39411 014 KITSAP COUNTY LIBRARY KITSAP REGIONAL LIBRARY P 31808 100 KITSAP COUNTY PUBLIC UTILITY DISTRICT 1 001 KITSAP TRANSIT 888 KITTITAS COUNTY PUBLIC UTILITY DIST NO 1 P 84135 ADMINISTRATION P 11900 ADMINISTRATION P e—� KITTCOM CONSOLIDATED 11900 018 KITTITAS COUNTY P COMM AGENCY F08 KITTITAS COUNTY FIRE DISTRICT DIST 8- LAKE KACHESS P^ 31900 31899 004 KITTITAS RECLAMATION DISTRICT ADMINISTRATION P 12000 888 KLICKITAT COUNTY ADMINISTRATION P� _ 12000 F04 KLICKITAT COUNTY FIRE DISTRICT 4- LYLE P ' FIRE DISTRICT 7-� 12000 F07 KLICKITAT COUNTY P GOLDENDALE 84629 001 KLTV LONGVIEW N 20603 888 LA CENTER CITY OF ADMINISTRATION LA CONNER TOWN OF ADMINISTRATION V P 22905 888 P i 6P 23402 888 LACEY CITY OF ADMINISTRATION 21103 000 LACROSSE CITY OF LACROSSE CITY HALL P 21717 888 LAKE FOREST PARK CITY OF ADMINISTRATION P 23109 888 LAKE STEVENS CITY OF ADMINISTRATION P 35004 001 LAKE STEVENS SCHOOL DISTRICT 4 !ADMINISTRATOR P RESOURCE ADMINISTRATIONP 35414 001 LAKE WASHINGTON SCHOOL DISTRICT 414 OFFICE 31702 005 LAKEHAVEN UTILITY DISTRICT FINANCIAL OFFICE P 25000 888 LAKEWOOD CITY OF ADMINISTRATION P 35306 001 LAKEWOOD SCHOOL DISTRICT 306 ADMINISTRATION P 83542 001 LAKEWOOD WATER DISTRICT ADMINISTRATION P 21502 888 LANGLEY CITY OF ADMINISTRATION P 20404 888 LEAVENWORTH CITY OF (ADMINISTRATION P 12100 888 LEWIS COUNTY ADMINISTRATION P 32101 F14 LEWIS COUNTY FIRE DISTRICT DIST 14- RANDLE FIRE & EMS P 32101 A 6 LEWIS COUNTY FIRE DISTRICT FIRE DISTRICT 6- CHEHALIS P PUD 1--ADMINISTRATION- 32100 I 022 LEWIS COUNTY PUBLIC UTILITY DISTRICT 1 https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 8 of 17 Cooperative member list PACIFIC 0 6/3/13 11:22 AM 82430 001 LEWIS PUBLIC TRANSPORTATION DBA TWIN TRANSIT N 25100 888` LIBERTY LAKE CITY OF ADMINISTRATION ' P s - - LIBERTY LAKE SEWER AND WATER 33204 040 ACCOUNTS PAYABLE P DISTRICT - 12200 888 LINCOLN COUNTY ADMINISTRATION P u 22502 888 LONG BEACH CITY OF ADMINISTRATION P 20804 888 LONGVIEW CITY OF ADMINISTRATION P ADMINISTRATION P 40602 001 LONGVIEW PORT OF i 35122 001 LONGVIEW SCHOOL DISTRICT 122 ADMINISTRATION P 82237 001 LOTT CLEAN WATER ALLIANCE ADMINISTRATION N 1005 100 LUMMI INDIAN NATION ADMINISTRATION P 23705 888 LYNDEN CITY OF ADMINISTRATION P — 23110 888 LYNNWOOD CITY OF ADMINISTRATION P ^ `! 82783 004 LYNNWOOD PUBLIC FACILITIES DISTRICT ADMINISTRATION P 23909 888 MABTON CITY OF ADMINISTRATION P i60370 001 MANSON PARKS & RECREATION DISTRICT ADMINISTRATION P 28001 888 MAPLE VALLEY CITY OF FINANCIAL OFFICE P 23111 888 MARYSVILLE CITY OF ADMINISTRATION _ P 35025 001 MARYSVILLE SCHOOL DISTRICT 25 ADMINISTRATION P — 12300 888 MASON COUNTY ADMINISTRATION P FIRE DIST 4- ARCAIA / 32300 F04 MASON COUNTY FIRE DISTRICT P KAMILCHE 32300 F02 MASON COUNTY FIRE DISTRICT FIRE DISTRICT 2- BELFAIR i P 32302 173 MASON COUNTY PUBLIC UTILITY DISTRICT- PUD 1--ADMINISTRATION P -172 _ 32302 i MASON COUNTY PUBLIC UTILITY DISTRICT PUD 3--ADMINISTRATION P 82659 001 MASON TRANSIT AUTHORITY ADMINISTRATION P 35354 025 MEAD SCHOOL DISTRICT 354 ADMINISTRATION P 23206 888 MEDICAL LAKE CITY OF ADMINISTRATION P 35326 002 MEDICAL LAKE SCHOOL DISTRICT 326 ADMINISTRATION P 21719 888 - MERCER ISLAND CITY OF - - - - ADMINISTRATION - P 36400 005 MERCER ISLAND SCHOOL DISTRICT 400 ADMINISTRATION P 84327 001 MERIDIAN SCHOOL DISTRICT 505 ADMINISTRATION P 32717 011 METRO PARKS TACOMA w METRO PARK DISTRICT P 39405 046 MID COLUMBIA LIBRARY T BUSINESS OFC P 31716 S02 MIDWAY SEWER DISTRICT PURCHASING P 82701 001 MIGRANT COUNCIL WASHINGTON STATE (ADMINISTRATION N 23119 888 MILL CREEK CITY OF ADMINISTRATION P 22709 888 MILTON CITY OF ADMINISTRATION P 23112 888 MONROE CITY OF ADMINISTRATION _ P 21406 888 MONTESANO CITY OF ADMINISTRATION - P 35066 001 MONTESANO SCHOOL DISTRICT 66 ADMINISTRATION OFFICE P 80290 I 001 MORNINGSIDE ACCTS REC N 21309 I 888 I MOSES LAKE CITY OF ADMINISTRATION P https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 9 of 17 Cooperative member list 6/3/13 11:22 AM 41304 001 I MOSES LAKE PORT OF ADMINISTRATION OFFICE P 36206 001 MOSSYROCK SCHOOL DISTRICT 206 BUSINESS OFFICE P 80345 001 MOUNT BAKER SCHOOL DISTRICT 507 _ ADMINISTRATION P 22907 888 MOUNT VERNON CITY OF—i ADMINISTRATION P 36320 001 MOUNT VERNON SCHOOL DISTRICT 320 ADMINISTRATION OFFICE P 23113 888 MOUNTLAKE TERRACE CITY OF ADMINISTRATION P 23114 888 MUKILTEO CITY OF FINANCE P 35006 001 MUKILTEO SCHOOL DISTRICT 6 ADMINISTRATION P 33105 003 MUKILTEO WATER AND WASTEWATER MUKILTEO WTR- P DISTRICT WASTEWATER D 85213 001 MULTICULTURAL CHILD AND FAMILY HOPE DSHS CHILD & FAMILY N CENTER SERVICE 21000 000 NACHES CITY OF FINANCIAL OFFICE P 33904� 025 NACHES SELAH IRRIGATION DISTRICT ADMINISTRATION P 39317 001 NE TRI COUNTY HEALTH DISTRICT — ADMINISTRATION P M813 888 NEWCASTLE CITY OF ADMINISTRATION P 22605 888 NEWPORT CITY OF — i ADMINISTRATION P 21721 888 �NORMANDY PARK CITY OF ADMINISTRATION P 21722 888 NORTH BEND CITY OF �— ADMINISTRATION �— P 23003 001 I NORTH BONNEVILLE CITY OF CITY HALL OFF CASCADE P DRIVE 39404 002 � NORTH CENTRAL REGIONAL LIBRARY REGIONAL LIBRARY DISTRICT P !DISTRICT ADMIN 30605 003 NORTH COUNTRY EMS NORTH COUNTRY EMS P 84802 001 NORTH EAST KING COUNTY PUBLIC SAFETY NORCOM �— P COMMUNICATIONS AGENCY NORTH FRANKLIN SCHOOL DISTRICT J 51- T 35162 001 162 (ADMINISTRATION OFFICE P 35413 001 I NORTH KITSAP SCHOOL DISTRICT 400 PURCHASING P 38403 001 NORTH MASON SCHOOL DISTRICT 403 ADMINISTRATION OFFICE P 39501 005 NORTH OLYMPIC LIBRARY SYSTEM LIBRARY SYSTEM ADMIN P P 32201 001 NORTH PACIFIC COUNTY EMS DISTRICT #1 NPCEMS DIST #1 31799 002 NORTH PERRY AVENUE WATER DISTRICT ADMINISTRATION P 36003 000 NORTH THURSTON SCHOOL DISTRICT 3 ADMINISTRATION P 35211 045 NORTHPORT SCHOOL DISTRICT 211 i ADMINISTRATION OFFICE P 36417 010 NORTHSHORE SCHOOL DIST 417 ADMINISTRATION OFFICE P 85098 001 NORTHWEST JUSTICE PROJECT ADMINISTRATION N 50086 001 NORTHWEST REGIONAL COUNCIL FINANCIAL OFFICE N NORTHWEST WORK FORCE DEVELOPMENT 82461 001 ADMIN OFC N COUNCIL 21503 888 OAK HARBOR CITY OF ADMINISTRATION P 35201 001 OAK HARBOR SCHOOL DISTRICT 201 ADMINISTRATION OFFICE P 21409 1 888 OCEAN SHORES CITY OF ADMINISTRATION P 22406 888 OKANOGAN CITY OF ADMINISTRATION P 12400 888 OKANOGAN COUNTY ADMINISTRATION P 32399 F03 OKANOGAN COUNTY FIRE DISTRICT FIRE DIST 3- OMAK P — https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 10 of 17 Cooperative member list 6/3/13 11:22 AM 32399 F06 OKANOGAN COUNTY FIRE DISTRICT FIRE DIST 6- WINTHROP P OKANOGAN COUNTY PUBLIC UTILITY 32398 001 PUD 1 WAREHOUSE P DISTRICT 23403 888 OLYMPIA CITY OF I ADMINISTRATION P 82348 001 OLYMPIA DOWNTOWN ASSOCIATION COOP MEMBERSHIP N 43400 001 OLYMPIA PORT OF ADMINISTRATION OFFICE P 35111 001 OLYMPIA SCHOOL DISTRICT 111 PURCHASING P 83263 001 OLYMPIC AREA AGENCY ON AGING ^ OFC SYSTEMS ADMIN P 39034 002 OLYMPIC MEDICAL CENTER-DIST 2 OLYMPIC VIEW WATER AND SEWER DISTRICT 2 P 33106 W01 ADMINISTRATION P DISTRICT 22407 888 001 OMAK CITY OF ONALASKA SCHOOL DISTRICT 300 ADMINISTRATION ADMINISTRATION OFFICE P P 38003 ' �e 35013 001 ORONDO SCHOOL DISTRICT 13 ADMINISTRATION P a - 22408 888 888 001 OROVILLE CITY OF ORTING CITY OF ORTING SCHOOL DISTRICT 344 ADMINISTRATION ;ADMINISTRATION ADMINISTRATION P 22710 P 35344 P 20103 888 OTHELLO CITY OF ADMINISTRATION P 35144 000 OTHELLO SCHOOL DISTRICT 147 PACIFIC COUNTY--- :ADMINISTRATION ADMINISTRATION ' P 12500 P -888 - ^ 12500 200 PACIFIC COUNTY TRANSIT SYSTEM_ P - FIRE DIST 1- LONG BEACH 32500 F01 PACIFIC COUNTY FIRE DISTRICT P PENN - y 21104 888 PASCO CITY OF ADMINISTRATION P 35001 001 PASCO SCHOOL DISTRICT 1_ DIST 1 OFFICE P _+ _ 22409 001 PATEROS TOWN OF FINANCIAL OFFICE P 12600 888 PEND OREILLE COUNTY ADMINISTRATION P PEND OREILLE COUNTY PUBLIC UTILITY 32600 200 PUD 1 ADMIN P DISTRICT 84401 001 PENINSULA METROPOLITAN PARK DISTRICT ADMINISTRATION P 35609 001 PENINSULA SCHOOL DISTRICT 401 ADMINISTRATION OFFICE P 84468 001 PEOPLE FOR PEOPLE ADMINISTRATION N 12700 888 PIERCE COUNTY ADMINISTRATION P 12700 013 PIERCE COUNTY RURAL LIBRARY SYSTEM P -.-. - -- - --- 32704 006 - - ---- - - _ PIERCE COUNTY CONSERVATION DISTRICT - - -- -- . - --_--_ ADMINISTRATION P 32760 F22 PIERCE COUNTY FIRE DISTRICT DIST 22- E PIERCE FIRE & RES P DIST 6- CENTRAL PIERCE FIRE 32700 F06 PIERCE COUNTY FIRE DISTRICT P & RES 32700 F16 PIERCE COUNTY FIRE DISTRICT DISTRICT 16- KEY PENINSULA P 82262 001 PIERCE TRANSIT PIERCE TRANSIT P 20502 I- 888 PORT ANGELES CITY OF ADMINISTRATION P 1 II 40500 i 001 PORT ANGELES PORT OF ADMINISTRATION OFFICE P 35121 003 PORT ANGELES SCHOOL DISTRICT 121 ADMINISTRATION OFFICE P r21802 888 PORT ORCHARD CITY OF ADMINISTRATION P https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 11 of 17 Cooperative member list 6/3/13 11:22 AM 21601 888 PORT TOWNSEND CITY OF ADMINISTRATION P 20303 888 PROSSER CITY OF ADMINISTRATION P 30303 F03 PROSSER CITY OF FIRE DISTRICT ADMINISTRATION P 85056 001 PUGET SOUND REGIONAL COUNCIL ADMINISTRATION P 23812 001 PULLMAN CITY OF ACCOUNTING P 22711 888 PUYALLUP CITY OF — ADMINISTRATION P 37003 001 PUYALLUP SCHOOL DIST 3 PURCHASING P ADMINISTRATION 21310 888 QUINCY CITY OF v ADMINISTRATION P 31305 002 QUINCY COLUMBIA BASIN IRRIGATION IRRIGATION DISTRICT ADMIN P DISTRICT 21724 888 REDMOND CITY OF ADMINISTRATION P 21725 888 RENTON CITY OF — ADMINISTRATION P 37403 010 RENTON SCHOOL DISTRICT 403 PURCHASING & SUPPLY P 20304 888 RICHLAND CITY OF ADMINISTRATION P 37400 003 RICHLAND SCHOOL DISTRICT 400 ADMINISTRATION OFFICE P 20604 888 RIDGEFIELD CITY OF — ADMINISTRATION P 35407 001 RIVERVIEW SCHOOL DISTRICT 407 ADMINISTRATION OFFICE P 35418 001 ROCHESTER SCHOOL DISTRICT 401 ADMINISTRATION OFFICE P 84598 001 RONALD WASTEWATER DISTRICT ADMINISTRATION P 21311 001 ROYAL CITY CITY OF i s� I FINANCIAL OFFICE P 80258 001 ROZA IRRIGATION DISTRICT ADMINISTRATION — P 83784 001 RYTHER CHILD CENTER ADMINISTRATION �— N 35322 001 SAINT JOHN SCHOOL DISTRICT 322 ADMINISTRATION — P 82276 888 SAMMAMISH CITY OF ADMINISTRATION V P 31704 100 SAMMAMISH WATER AND SEWER DISTRICT ADMINISTRATION— ` P 12800 888 SAN JUAN COUNTY ADMINISTRATION P 32800 F03 SAN JUAN COUNTY FIRE DISTRICT ! DIST 3- SAN JUAN IS FIRE p DEPT SAN JUAN COUNTY PUBLIC HOSPITAL 85340 001 DISTRICT NO 1 SAN JUAN EMS & MEDEVAC P 22850 888 SEATAC CITY OF ACCOUNTS PAYABLE P --- - -- ---- 21726 888 SEATTLE CITY OF ADMINISTRATION P 84914 001 SEATTLE HOUSING AUTHORITY ADMINISTRATION P II 41700 001 SEATTLE PORT OF ACCOUNTS PAYABLE P 36001 001 SEATTLE SCHOOL DISTRICT 1 PURCHASING SRVS P 22908 888 SEDRO WOOLLEY CITY OF ADMINISTRATION P 36101 001 SEDRO WOOLLEY SCHOOL DISTRICT 101 BUSINESS OFFICE P 23907 888 j SELAH CITY OF ADMINISTRATION P 35119 002 ' SELAH SCHOOL DISTRICT 119 GENERAL ADMINISTRATION I P 32907 001 SELAH-MOXEE IRRIGATION DISTRICT ADMINISTRATION P 20503 888 SEQUIM CITY OF ADMINISTRATION P 22301 888 SHELTON CITY OF ADMINISTRATION P 21700 E888 SHORELINE CITY OF ADMINISTRATION P 31710 006 SHORELINE FIRE DEPARTMENT I CHIEFS OFFICE P https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 12 of 17 Cooperative member list 6/3/13 11:22 AM 35412 001 SHORELINE SCHOOL DISTRICT 412 SILVERLAKE WATER PURCHASING DIVISION WATER DISTRICT ADMIN P 31402 001 P ADMIN- SKAGIT EMERG COMM 85587 001 SKAGIT 911 (USE CUST #12900) P CNTR SKAGIT COUNCIL OF GOVERNMENTS SKOG ADMINISTRATION i 85559 001 P SKAGIT COUNTY SKAGIT COUNTY CEMETERY DISTRICT ADMINISTRATION DISTRICT #2 P 12900 888 84134 002 P DIST 13- HOPE IS / SUMMIT 32900 F13 SKAGIT COUNTY FIRE DISTRICT P SKAGIT COUNTY FIRE DISTRICT — ` PARK DIST 9 - BIG LAKE FIRE DEPT 32900 F09 P SKAGIT COUNTY FIRE DISTRICT �— FIRE DIST 8- SEDRO-WOOLLEY 32900 F08 P ADMINISTRATION OFFICE 2 42901 002 SKAGIT COUNTY PORT OF P (CO-OP) T S�GIT COUNTY PUBLIC UTILITY DISTRICT 32902 001 SKAGIT PUD#1 P 001 1 SKAGIT TRANSIT — PURCHASING 82255 P 83583 001 SKAGIT VALLEY HOSPITAL ADMINISTRATION P ^888 _ N 13000 001 SKAMANIA COUNTY SKAMANIA COUNTY PORT OF ADMINISTRATION ADMINISTRATION OFFICE P 43000 P SKAMANIA COUNTY PUBLIC UTILITY 33000 010 PUD 1--ADMINISTRATION P 002 DISTRICT SKOKOMISH TRIBAL COUNCIL' L 1017 ADMINISTRATION P 23115 888 SNOHOMISH CITY OF ACCOUNTS PAYABLE P _T 13100 888 SNOHOMISH COUNTY ADMINISTRATION P EMERGENCY RADIO 13100 033 SNOHOMISH COUNTY P SERVICES _ ^N 84498 001 SNOHOMISH COUNTY COMMUNICATION ADMINISTRATION DARRINGTON VOLUNTEER 33103 F24 SNOHOMISH COUNTY FIRE DISTRICT P FIRE DEPT 33103 F01 SNOHOMISH COUNTY FIRE DISTRICT —_ DIST 1_BRIER / MT TERRACE P_� _ DIST 14-NO COUNTY REG FIRE 33103 F14 SNOHOMISH COUNTY FIRE DISTRICT P AUTH DISTRICT 21- ARLINGTON 33103 F21 JSNOHOMISH COUNTY FIRE DISTRICT P RURAL 33103 F07 -- —-- SNOHOMISH COUNTY FIRE DISTRICT DISTRICT 7- MILL CREEK P DISTRICT 8-LAKE STEVENS 33103 F08 SNOHOMISH COUNTY FIRE DISTRICT P FIRE DIST 33103 F22 SNOHOMISH COUNTY FIRE DISTRICT FIRE DISTRICT 22- GETCHELL P 39041 I 017 SNOHOMISH HEALTH DISTRICT PURCHASING P 36201 002 SNOHOMISH SCHOOL DISTRICT 201 ACCOUNTING DEPARTMENT P 84505 ' 001 SNOPAC 911 (USE 13100) ADMINISTRATION N 21728 888 SNOQUALMIE CITY OF ADMINISTRATION P f004 SNOQUALMIE VALLEY SCHOOL DISTRICT 35410 PURCHASING DEPARTMENT P 410 31711 004 SOOS CREEK WATER AND SEWER DISTRICT ; ADMINISTRATION - -- - P — -- — — - — i -- --- — -- -- REGIONAL TRANSIT 34703 001 SOUND TRANSIT-SEATTLE P AUTHORITY 22504 888 -� S - SOUTH BEND CITY OF i ADMINISTRATION P - I - IjI - - _ _ _ . --- -- --- - - - - - - -- - - — -- https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 13 of 17 Cooperative member list 6/3/13 11:22 AM 31104 003 SOUTH COLUMBIA BASIN IRRIGATION IRRIGATION DISTRICT P L — DISTRICT 85271 000 SOUTH CORRECTIONAL ENTITY SCORE- COOP MEMBERSHIP P 35206 001 SOUTH WHIDBEY SCHOOL DISTRICT 206 CAMANO AVE P 30602 300 SOUTHWEST CLEAN AIR AGENCY SPOKANE CITY OF i SPOKANE CITY OF J ADMINISTRATION ADMINISTRATION HOUSING AUTHORITY P 23210 888 P P 23210 050 SPOKANE COUNTY �— ADMINISTRATION P 13200 888 DIST 8- VALLEYFORD/MORAN 33200 F08 SPOKANE COUNTY FIRE DISTRICT P PRAIRIE PON SPOKANE COUNTY FIRE DISTRICT FIRE DISTRICT 10 P 33200 F10 33200 F09 SPOKANE COUNTY FIRE DISTRICT' FIRE DISTRICT 9 d P 39480 023 SPOKANE COUNTY LIBRARY LIBRARY DISTRICT P 43200 001 SPOKANE INTERNATIONAL AIRPORT ADMINISTRATION P SPOKANE NEIGHBORHOOD ACTION 83979 001 ADMINISTRATION N PROGRAMS 39046 011 SPOKANE REGIONAL HEALTH DISTRICT ADMINISTRATION P SPOKANE PUBLIC SCHOOLS- 35081 003 SPOKANE SCHOOL DISTRICT 81 P CO-OP _ 82351 001 SPOKANE TRANSIT SPOKANE VALLEY CITY OF ADMINISTRATION` N 83270 001 ADMINISTRATION P 85790 F01 SPOKANE VALLEY FIRE DEPARTMENT ' ADMINISTRATION P _ 1026 015 SQUAXIN ISLAND TRIBE INDIAN RESERVATION P 23116 888 STANWOOD CITY OF - e ADMINISTRATION P - STANWOOD-CAMANO SCHOOL DISTRICT STANWOOD CAMANO SCH 36410 001 P 410 DIST 4 35071 001 STEILACOOM SCHOOL DISTRICT 1 ADMINISTRATION P 22715 888 STEILACOOM TOWN OF ADMINISTRATION P 13300 888 STEVENS COUNTY ADMINISTRATION P FIRE DISTRICT 1--CHIEFS 33300 F01 STEVENS COUNTY FIRE DISTRICT P OFFICE T STEVENS COUNTY PUBLIC UTILITY 1 33301 004 PUD 1--ADMINISTRATION P DISTRICT 82339 001 STEVENS COUNTY RURAL LIBRARY LIBRARY OFFICE N 23002 888 STEVENSON CITY OF tADMINISTRATION P 82569 001 STILLAGUAMISH TRIBE OF INDIANS ADMINISTRATION P 23117 888 SULTAN CITY OF ADMINISTRATION P { 35031 001 SULTAN SCHOOL DISTRICT 311— ACCOUNTS PAYABLE 23707 888 SUMAS CITY OF ADMINISTRATION P 1 22716 888 SUMNER CITY OF (ADMINISTRATION P- r — — — — -I 35320 001 SUMNER SCHOOL DISTRICT 320 ADMINISTRATION P I 23908 888 SUNNYSIDE CITY OF ADMINISTRATION P 23908 010� SUNNYSIDE CITY OF HOUSING AUTHORITY P 43901 001 SUNNYSIDE PORT OF ADMINISTRATION OFFICE P 37201 002 SUNNYSIDE SCHOOL DISTRICT 201 ADMINISTRATION OFFICE P https://fortress.wa.govJga/apps/coop/Default.aspx Page 14 of 17 Cooperative member list 6/3J13 11:22 AM 33903 003 SUNNYSIDE VALLEY IRRIGATION DISTRICT I IRRIGATION DISTRICT P (ADMINISTRATION 1028 000 SWINOMISH TRIBE GENERAL OPERATIONS P 22717 888 TACOMA CITY OF ADMINISTRATION P WE 22717 020 TACOMA CITY OF HOUSING AUTHORITY P TACOMA DAY CHILD CARE AND 50119 001 ADMINISTRATION N PRESCHOOL L M� 82531 001 TACOMA GOODWILL INDUSTRIES 714 S 27TH ADMINISTRATION OFFICE N P 42701 001 TACOMA PORT OF A PURCHASING AND FOOD 36010 000 TACOMA SCHOOL DISTRICT 10 Pc SERVICES HEALTH DEPARTMENT 12701 090 TACOMA-PIERCE COUNTY P PURCHASING _ WORKFORCE CENTRAL- 84798 001 TACOMA-PIERCE COUNTY CONSORTIUM P ADMIN SUPERINTENDENT — 35409 001 TAHOMA SCHOOL DISTRICT 409 a P 85196 001 TAMARACK CENTER �— CENTER a� N� 85227 001 THURSTON 911 COMMUNICATIONS COOP N 82673 001 THURSTON COMMUNITY TELEVISION ADMINISTRATION I N 13400 888 THURSTON COUNTY ADMINISTRATION P FIRE DISTRICT 13- GRIFFIN 33400 F13 THURSTON COUNTY FIRE DISTRICT P FIRE DEPT FIRE DISTRICT 9--MCLANE/BLK 33400 F09 THURSTON COUNTY FIRE DISTRICT P LAKE FD THURSTON COUNTY PUBLIC UTILITY 84133 001 ADMINISTRATION P DISTRICT 75307 000 THURSTON REGIONAL PLANNING COUNCIL COOP MEMBERSHIP P 21500 000 TIETON CITY OF FINANCIAL OFFICE P 23910 888 TOPPENISH CITY OF ADMINISTRATION P 36202 001 TOPPENISH SCHOOL DISTRICT 202 ADMINISTRATION OFFICE P i TRI COUNTY ECONOMIC DEVELOPMENT 84489 001 ADMINISTRATION P DISTRICT 21729 888 TUKWILA CITY OF ADMINISTRATION P _ 1030 150 TULALIP TRIBE ADMINISTRATION P 23406 888 TUMWATER CITY OF iADMINISTRATION P 35033 007 TUMWATER SCHOOL DISTRICT 33 ADMINISTRATION P 23911 888 UNION GAP CITY OF ADMINISTRATION P 34800 001 UNION GAP IRRIGATION DISTRICT !ADMINISTRATION P 83577 001 ! UNITED GENERAL HOSPITAL 'ADMINISTRATION P 80268 001 UNIVERSITY OF PUGET SOUND ADMINISTRATION N 22726 888 UNIVERSITY PLACE CITY OF ADMINISTRATION P 82533 001 VALLEY COMMUNICATION CENTER E 911 PROJECT FACILITY P 31717 001 VALLEY REGIONAL FIRE AUTHORITY ADMINISTRATION P i 43601 000 VALLEY TRANSIT FINANCIAL OFC P 20605 888 VANCOUVER CITY OF ADMINISTRATION P 40501 001 VANCOUVER PORT OF ADMINISTRATION OFFICE P 35037 003 VANCOUVER SCHOOL DISTRICT #37 ADMINISTRATION P https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 15 of 17 Cooperative member list 6/3/13 11:22 AM r 37602 010 VASHON ISLAND SCHOOL DISTRICT 402 SUPERINTENDENT P 32904 001 , VERA IRRIGATION VERA WATER & POWER P 13500 888 WAHKIAKUM COUNTY ADMINISTRATION P 33500 002 WAHKIAKUM COUNTY PUBLIC UTILITY PUD 1--ADMINISTRATION — P DISTRICT 23604 888 WALLA WALLA CITY OF ADMINISTRATION P 23604 005 WALLA WALLA CITY OF HOUSING AUTHORITY P 33600 F04 WALLA WALLA CO FIRE DISTRICT FIRE DISTRICT 4- WALLA P WALLA 33600 F07 WALLA WALLA CO FIRE DISTRICT FIRE DISTRICT 7 P 13600 888 I WALLA WALLA COUNTY ADMINISTRATION P 43600 001 WALLA WALLA PORT OF ADMINISTRATION OFFICE P 35140 001 WALLA WALLA SCHOOL DISTRICT 140 ADMINISTRATION P 82173 I 001 WALLA WALLA UNIVERSITY _ ADMINISTRATION N 23912 886 WAPATO CITY OF ADMINISTRATION I P 21313 001 WARDEN CITY OF ii y FINANCIAL OFFICEy P 35146 069 WARDEN SCHOOL DISTRICT 146-161 s ADMINISTRATION OFFICE P 75003 025 WASHINGTON COUNTIES RISK POOLADMINISTRATION P 85792 001 WASHINGTON HEALTH BENEFIT EXCHANGE ADMINISTRATION N WASHINGTON SCHOOL INFORMATION 84316 001 PROCESS COOP ADMINISTRATION P WASHINGTON SCHOOLS RISK 80377 001 OFFICE P MANAGEMENT POOL 85337 001 WASHINGTON STATE CONVENTION CENTER ADMINISTRATION P 50510 001 WASHINGTON STATE PUBLIC STADIUM ADMINISTRATION P AUTHORITY 20606 888 I WASHOUGAL CITY OF ADMINISTRATION P -- — -1--------- --- - - - - ---- ---- - -- -- 80375 001 'WATER AND SEWER RISK MANAGEMENT ADMINISTRATION P POOL 20608 888 WATERVILLE CITY OF ADMINISTATION P 20405 888 WENATCHEE CITY OF ADMINISTRATION P 35246 001 WENATCHEE SCHOOL DISTRICT 246 ADMINISTRATION P 20305 888 WEST RICHLAND CITY OF ADMINISTRATION P 31806 001 WEST SOUND UTILITY DISTRICT (WAS jgDMINISTRATION P KARCHER CR & ANNAPOLIS WATER DIST) 35208 020 WEST VALLEY SCHOOL DISTRICT 208 ! ACCOUNTS PAYABLE P (YAKIMA) 35363 001 WEST VALLEY SCHOOL DISTRICT 363 ADMINISTRATION OFFICE P (SPOKANE) 21408 888 WESTPORT CITY OF ADMINISTRATION I P 33700 F01 WHATCOM CO FIRE DISTRICT DISTRICT 1- _ TP EVERSON/DEMING/NOOKSACK' 33700 F05 WHATCOM CO FIRE DISTRICT FIRE DISTRICT 5- PT ROBERTS P 33700 F07 WHATCOM CO FIRE DISTRICT FIRE DISTRICT 7- FERNDALE P 33700 F08 WHATCOM CO FIRE DISTRICT FIRE DISTRICT 8- MARIETTA P — NORTH WHATCOM FIRE & 33700 F21 WHATCOM CO FIRE DISTRICT P https://fortress.wa.gov/ga/apps/coop/Default.aspx Page 16 of 17 Cooperative member list RESCUE 6/3/13 11:22 AM 33700 F02 ,WHATCOM CO FIRE DISTRICT SOUTH WHATCOM FIRE AUTH JP82096 001 WHATCOM CONSERVATION DISTRICT DISTRICT MANAGER13700 888 WHATCOM COUNTY ADMINISTRATION 13700 007 WHATCOM COUNTY LAKE WHATCOM WATER & P SEWER DIST 13700 015 WHATCOM COUNTY TRANS AUTH WTA P DISTRICT #7- ENTERPRISE 84627 001 WHATCOM COUNTY CEMETERY DISTRICT CEMETERY P WHATCOM COUNTY PUBLIC UTILITY 33701 020 — i-- — -- PUD 1 P DISTRICT 39700 009 WHATCOM COUNTY RURAL LIBRARY ADMINISTRATION P DISTRICT 33702 010 WHATCOM COUNTY WATER — ' PT ROBERTS WATER DIST 4 P 82367 001 WHIDBEY GENERAL HOSPITAL PURCHASING — P 36303 001 WHITE PASS SCHOOL DISTRICT 303 ADMINISTRATION OFFICE e P 36416 001 WHITE RIVER SCHOOL DISTRICT 416 ACCOUNTS PAYABLE P 22003 888 WHITE SALMON CITY OF FINANCIAL OFFICE P 84975 001 WHITMAN COLLEGE ADMINISTRATION N 13800 888 WHITMAN COUNTY i ADMINISTRATION Y P 33805 001 WHITWORTH WATER DISTRICT 2 — P 23602 888 WILBUR TOWN OF ADMINISTRATION P 42502 001 WILLAPA HARBOR PORT OF ADMINISTRATION OFFICE P 82109 001 WILLAPA VALLEY WATER DISTRICT ADMINISTRATION P 22207 888 WOODINVILLE CITY OF — ADMINISTRATION P 32203 002 WOODINVILLE FIRE AND RESCUE v SAFETY DIST ADMIN 36 P 20805 888 WOODLAND CITY OF ADMINISTRATION P 40801 001 WOODLAND PORT OFJ ADMINISTRATION OFFICE P� 84335 001 WOODLAND SCHOOL DISTRICT 404 ADMINISTRATION P 23913 888 YAKIMA CITY OF ADMINISTRATION P 13900 888 YAKIMA COUNTY ADMINISTRATION P 33900 F14 YAKIMA COUNTY FIRE DISTRICT FIRE DISTRICT 14- NILE / P CLIFFDELL 1 -- - - - ------------- 33900 T F05 YAKIMA COUNTY FIRE DISTRICT FIRE DISTRICT 5- HARRAH P 39490 020 YAKIMA COUNTY REGIONAL LIBRARY REGIONAL LIBRARY ADMIN P jf I 35007 001 YAKIMA SCHOOL DISTRICT 7 ADMINISTRATION BUILDING P I 33913 011 YAKIMA-TIETON IRRIGATION DISTRICT DIST OFC P i 23400 888 YELM CITY OF ADMINISTRATION P 35611 001 YELM COMMUNITY SCHOOL DISTRICT 2 ADMINISTRATION OFFICE P 23914 888 ZILLAH CITY OF ADMINISTRATION P ® Copyright 2012 Department of Enterprise Services IL IfJ�I11r1�irlr, . https:/Jfortress.wa.gov/ga/apps/coop/Default.aspx Page 17 of 17 Agenda Item: Consent Calendar – 7F TO: City Council DATE: November 5, 2013 SUBJECT: 2014 Community Development Block Grant (CDBG) Annual Action Plan – Approve SUMMARY: The City of Kent receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) as an Entitlement City. To receive this funding, the City is required to submit a Five-Year Consolidated Plan for Housing & Community Development. The City’s Consolidated Plan is in effect from 2003-2017. Prior to the beginning of each year of the Consolidated Plan, the City must inform HUD and the community of the specific actions that the City will execute to implement the objectives and strategies of the Consolidated Plan; this is outlined in the 2014 Action Plan. The Action Plan also includes the allocation of estimated resources that will be used to carry out the objectives and strategies, and a description of each program that will receive funds. The City recommended that a major portion of CDBG funds be used to support the City's Home Repair Program. This program serves many low-income, disabled, and senior homeowners in Kent by providing needed repairs. The program also ensures that a portion of Kent's low/moderate-income housing stock is maintained and preserved. The Draft 2014 CDBG Annual Action Plan was available for review and comment for a period of thirty (30) days. On October 17, 2013, the Human Services Commission held a public hearing for the purpose of taking comments on the Annual Action Plan and subsequently approved recommendations for funding 2014. The recommended funding includes a contingency plan to address any potential fund changes that may occur when Congress adopts the 2014 budget. The CDBG project accounts for 2014 are impacted by the budget. EXHIBITS: Annual Plan including the Application for Federal Assistance RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Estimate of $914,499.00 may increase or decrease funding depending upon the final federal appropriations bill Congress passes in the fall. MOTION: Move to approve the proposed Community Development Block Grant 2014 Action Plan, including funding allocations and contingency plans, and authorize the Mayor to execute the appropriate certifications and agreements. This page intentionally left blank. Annual Action Plan 2014 1 OMB Control No: 2506-0117 (exp. 07/31/2015) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction THE CONSOLIDATED PLAN The Consolidated Plan for Housing and Community Development is a report which informs the community, stakeholders and the Department of Housing and Urban Development (HUD) how the City of Kent (hereinafter referred to as “the City”) will invest its Community Development Block Grant from 2013-2017. The report also identifies the objectives and strategies that will guide the City’s investment. Objectives and strategies are fueled by the City’s overarching goal to build a healthy community. ONE-YEAR ACTION PLAN Purpose of the One-Year Action Plan Each year the City of Kent executes specific actions to implement the objectives and strategies of the five-year Consolidated Plan. Actions that will be undertaken in 2014 are outlined in this One-Year Action Plan, which describes both the allocation of estimated resources and a narrative of what will be done. In a given year, it is possible that no steps will be taken to achieve a particular strategy. Similarly, it is expected that during the course of the year, the City will be presented with unanticipated opportunities that can be capitalized upon to help meet goals and strategies. When this occurs, the City will seize the moment to further the goals and strategies defined in the Consolidated Plan. 2. Summarize the objectives and outcomes identified in the Plan  See AP-38, Projects Summary. Activities benefiting low/moderate-income persons  Activities which aid in preventing or eliminating slums or blight  Activities meeting community development needs that have a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources do not exist to meet such needs  Annual Action Plan 2014 2 OMB Control No: 2506-0117 (exp. 07/31/2015) 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. During the past year, the City realized significant gains on its investments and improved the lives of many Kent residents. (Data is provided for 2012; complete data for 2013 is not available and will be provided in the 2015 Action Plan.) Outcomes for 2012 were: Accessibility to decent housing  108 households received home repair assistance  48 persons received transitional housing and case management  2 individuals received shelter  33 persons received housing stability grants Accessibility to suitable living environment  15 persons received medical services  26 persons received emergency assistance and case management Accessibility to economic opportunities  41 persons were enrolled in micro-enterprise business training classes 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The development of the One-Year Action Plan includes a Citizen Participation Process involving public notification of the availability of the plan draft and an opportunity for comments prior to finalizing the One-Year Action Plan. Persons with disabilities are encouraged to participate in the Citizen Participation Process and the public notice describes how accommodations will be made. The City of Kent, Division of Housing and Human Services, consulted with intercity departments, government agencies, public and private agencies, mental health organizations, the local housing authority, organizations serving persons with HIV/AIDS, agencies serving people with disabilities, refugee and immigrant organizations, organizations working with seniors, faith-based institutions, the business community, Department of Social and Health Services, and foundations. Annual Action Plan 2014 3 OMB Control No: 2506-0117 (exp. 07/31/2015) Additionally, the City published a draft Consolidated Plan and Notice of Public Hearing on the City of Kent website. A public hearing was held on October 17, 2013. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. [To be added] 6. Summary of comments or views not accepted and the reasons for not accepting them [To be added] 7. Summary Annual Action Plan 2014 4 OMB Control No: 2506-0117 (exp. 07/31/2015) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each g rant program and funding source. Agency Role Name Department/Agency Lead Agency KENT CDBG Administrator HOPWA Administrator HOME Administrator HOPWA-C Administrator Table 1 – Responsible Agencies Narrative (optional) The City of Kent, Housing and Human Services Division, is the lead agency for the CDBG Program. Staff is as follows:  Katherin Johnson, Housing and Human Services Manager, Program Administrator  Dinah R. Wilson, CDBG Coordinator, Program Manager Consolidated Plan Public Contact Information Katherin Johnson, Housing & Human Services Manager City of Kent 220 4th Ave. S Kent, WA 98032 (253) 856-5070/kjohnson@kentwa.gov Annual Action Plan 2014 5 OMB Control No: 2506-0117 (exp. 07/31/2015) Dinah R. Wilson, CDBG Coordinator Same address & phone as above drwilson@kentwa.gov Annual Action Plan 2014 6 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City of Kent consulted with multiple entities, including South King County cities (the cities of Auburn and Federal Way are the two other entitlement cities in South County), the King County Housing Authority, King County Department of Community and Human Services, nonprofit agencies delivering services in Kent and the subregion and Washington State Department of Social and Health Services. The City of Kent carries out homeless planning and coordination as a regional issue. Kent works with the Committee to End Homelessness, King County, cities, mainstream systems, Safe Harbors, housing funders, community agencies, United Way, the private sector (including businesses), and homeless people. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) Kent Housing and Human Services Division meets regularly with other King County jurisdictions, public housing authorities and State Departments to develop strategies and implement plans to improve the quality of service and access for low-income residents in the city and throughout the region. Additionally, the City participates in quarterly meetings with King County staff, including the Public Health Seattle/King County, to review implementation and delivery of services funded through regional efforts. The City will continue to participate in the Committee to End Homelessness, funding review panels for Continuum of Care (CoC), Emergency Shelter Grant and McKinney funding. In 2012, the Coordinated Entry program was launched providing a single point of entry for homeless families. Housing providers, funders and government agencies provide support to this program. Kent requires that housing providers under contract with the city participate in Coordinated Entry and Safe Harbors, the Seattle/King County Homeless Information Management System (HMIS) program. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG fund s, and develop funding, policies and procedures for the operation and administration of HMIS To receive McKinney funding, HUD requires applicants to work through a local Continuum of Care. For Seattle and King County, the Continuum of Care encompasses programs and activities within the borders of King County, including Seattle. Each continuum sets funding priorities and need for its community. The Seattle-King County CoC priorities are set by the Committee to End Homelessness in King County Annual Action Plan 2014 7 OMB Control No: 2506-0117 (exp. 07/31/2015) (CEHKC). Kent staff is on the CoC/McKinney Advisory Board and staff both the CEHKC Funders Group and Interagency Council. Describe consultation with the Continuum(s) of Care that serves the State in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City consults with CEHKC, which in turn, consults with the State on behalf of the local jurisdiction. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Annual Action Plan 2014 8 OMB Control No: 2506-0117 (exp. 07/31/2015) 1 Agency/Group/Organization Emergency Feeding Program Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments are considered before the City submits a final plan to HUD. 2 Agency/Group/Organization Catholic Community Services Agency/Group/Organization Type Housing Services-Health What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft given opportunity to comment, and Executive Director is a member of the Human Services Commission, which approved the Plan and submitted it to the Kent City Council to authorize the Mayor to sign. 3 Agency/Group/Organization HealthPoint Agency/Group/Organization Type Services-Health Annual Action Plan 2014 9 OMB Control No: 2506-0117 (exp. 07/31/2015) What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments are considered before the City submits a final plan to HUD. 4 Agency/Group/Organization Multi-service Center Agency/Group/Organization Type Housing Services-homeless Services-Education Services-Employment What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments are considered before the City submits a final plan to HUD. 5 Agency/Group/Organization Refugee Women's Alliance Agency/Group/Organization Type Services-Children Services-Elderly Persons Services-Victims of Domestic Violence Services-Education Services-Employment What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Anti-poverty Strategy Annual Action Plan 2014 10 OMB Control No: 2506-0117 (exp. 07/31/2015) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments are considered before the City submits a final plan to HUD. 6 Agency/Group/Organization YWCA Agency/Group/Organization Type Housing Services-Children Services-Victims of Domestic Violence What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Families with children Homelessness Strategy Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments are considered before the City submits a final plan to HUD. 7 Agency/Group/Organization WASHINGTON CASH Agency/Group/Organization Type Services-Employment What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Market Analysis Economic Development Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency provided Annual Action Plan draft and given opportunity to comment. Comments are considered before the City submits a final plan to HUD. Table 2 – Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting Annual Action Plan 2014 11 OMB Control No: 2506-0117 (exp. 07/31/2015) All agency types were consulted. Agencies listed are agencies that were funded in 2013. A host of other agencies and entities were consulted; e.g., Open Doors for Multicultural Families, King County Housing Authority, Mercy Housing, Kent Youth & Family Services, People of Color Against Aids Network (POCAAN), United Way of King County, Kent Cultural Diversity Initiative Group, World Relief Seattle, Lutheran Counseling Services, Public Health of Seattle/King County, Seattle Foundation, Kent School District, Heart of African Services, Mother Africa, Green River Community College, Mercy Housing NW, Valley Cities Counseling, King County Sexual Assault Resource Center, Habitat for Humanity Seattle, Washington Rehabilitation Council, King County Bar Association, Communities in Schools Kent, etc. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care King County Overlaps with City's goal of accessibility to decent housing McKinney Continuum of Care- Supportive Housing Program: funds transitional housing and related supportive service for people moving from homelessness to independent living, as well as permanent housing. This overlaps with the City's Action Plan CEHKC 10-Year Plan to End Homelessness King County Overlaps with City's goal of accessibility to decent housing: 10-Year Plan calls for prevention of homelessness & creation of new permanent housing and supportive services for those who need them to maintain housing Move to Work Annual Plan King County Housing Authority Overlaps with City's goal of accessibility to decent housing Table 3 – Other local / regional / federal planning efforts Narrative (optional) Annual Action Plan 2014 12 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting The development of the One-Year Action Plan included a Citizen Participation Process involving public notification of the availability of the plan draft and an opportunity for comments prior to finalizing the One-Year Action Plan. Persons with disabilities are encouraged to participate in the Citizen Participation Process and the public notice describes how accommodations will be made. Annual Action Plan 2014 13 OMB Control No: 2506-0117 (exp. 07/31/2015) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Meeting Minorities Non-English Speaking - Specify other language: Burmese, Somali, Russian, Ukrainian, Sudanese, Arabic, Punjabi, Hindi, Nepali Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Seniors, Youth [To be Added] Annual Action Plan 2014 14 OMB Control No: 2506-0117 (exp. 07/31/2015) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 2 Internet Outreach Minorities Non-English Speaking - Specify other language: See above Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Seniors, Youth [To be Added] Table 4 – Citizen Participation Outreach Annual Action Plan 2014 15 OMB Control No: 2506-0117 (exp. 07/31/2015) Expected Resources AP-15 Expected Resources – 91.220(c) (1, 2) Introduction 2014 CDBG ESTIMATED RESOURCES One of the major tools for accomplishing the goals of the Consolidated Plan is the annual allocation of CDBG funds provided by the U.S. Department of Housing and Urban Development. In 2013, the City received an allocation of $914,499. This represented a16.4% increase from 2012 due to a population increase associated with the annexation of the Panther Lake area. the City estimates that for the January 1, 2014 to December 31, 2014 budget year it will also receive $914,499. The following outlines the total anticipated federal resources to implement the 2014 Action Plan: CDBG ESTIMATED RESOURCES Priority Table Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Reminder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Annual Action Plan 2014 16 OMB Control No: 2506-0117 (exp. 07/31/2015) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Reminder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 914,499 0 0 914,499 0 The City projects that it will receive the same CDBG allocation that it was awarded in 2013. General Fund public - local Public Services 848,320 0 0 848,320 0 The City's Annual General Fund allocation is calculated per capita Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied CDBG funds will be used in conjunction with $848,320 of City general funds to address human services needs; general funds support public service projects. Community agencies report that for every $1 provided by the City of Kent, another $7 is leveraged. Community agencies receive the balance of their funding from other federal agencies, the State of Washington, King County, local municipalities, United Way and other charitable giving campaigns, foundations, private donations and fundraising. Each year, the City submits Letters in Support of funding applications for organizations that receive CDBG and general funds. These letters verify the City's investment in human services, document the difference that organizations make in the lives of low/moderate-income residents and Annual Action Plan 2014 17 OMB Control No: 2506-0117 (exp. 07/31/2015) encourages funders to multiply the City's investments. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan N/A. Discussion The City will continue its track record of wise investments through organizations that share its funding priorities. Annual Action Plan 2014 18 OMB Control No: 2506-0117 (exp. 07/31/2015) Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Affordable Housing to homeless & those at- risk 2013 2017 Affordable Housing Homeless City of Kent Basic Needs Services Affordable housing Services for at- risk seniors CDBG: $597,424 Public service activities for Low/Moderate Income Housing Benefit: 14 Households Assisted Homeowner Housing Rehabilitated: 80 Household Housing Unit Homeless Person Overnight Shelter: 1 Persons Assisted 2 Increase self- sufficiency 2013 2017 Non-Housing Community Development Economic Opportunities CDBG: $25,000 Other: 30 Other 3 Basic Needs 2013 2017 Homeless City of Kent Basic Needs Services CDBG: $99,175 Public service activities other than Low/Moderate Income Housing Benefit: 620 Persons Assisted 4 Decrease isolation of at-risk seniors 2013 2017 Non-Homeless Special Needs City of Kent Services for at- risk seniors CDBG: $10,000 Public service activities other than Low/Moderate Income Housing Benefit: 204 Persons Assisted Annual Action Plan 2014 19 OMB Control No: 2506-0117 (exp. 07/31/2015) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 5 Planning and Administration 2013 2017 Planning and Administration City of Kent Planning and Administration CDBG: $182,900 Table 6 – Goals Summary<TYPE=[text] REPORT_GUID=[9B4786E64DDAC839A8E119B13CB7DB46]> Goal Descriptions 1 Goal Name Affordable Housing to homeless & those at-risk Goal Description 2 Goal Name Increase self-sufficiency Goal Description The City's funds will facilitate economic opportunities by providing business training classes to those who wish to create or expand a microenterprise business. 3 Goal Name Basic Needs Goal Description CDBG funds will support the distribution of 15 varieties of food bags to residents in several locations throughout the City. This increases the accessibility/availability of food to multicultural communities around Kent. A second project will provide nursing assistance to the homeless. A third project will provide emergency assistance grants and case management to refugees and immigrants. A fourth project will provide housing stability grants to prevent eviction. 4 Goal Name Decrease isolation of at-risk seniors Goal Description City funding will support a congregate meal program for Bhutanese, Somali and other refugee and immigrant seniors residing on the East Hill of Kent. These elders are isolated due to language, ability to drive, and limited opportunities to socialize with seniors from the same or a similar cultural background. 5 Goal Name Planning and Administration Goal Description Federal regulations allow the City to invest up to 20 percent of its CDBG allocation for planning and administration to support CDBG program staff and program activities that support the Five-Year Consolidated Plan. The City will use the full 20 percent for P & A. Annual Action Plan 2014 20 OMB Control No: 2506-0117 (exp. 07/31/2015) Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b): It is estimated that the City will provide shelter to one person, transitional housing to 14 individuals, and provide 80 households with home repair services. Annual Action Plan 2014 21 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-35 Projects – 91.220(d) Introduction The projects funded by the City in 2014 address the priority needs of providing assistance to prevent and respond to homelessness, maintain affordable housing, housing for the homeless, increasing self- sufficiency, and decreasing isolation. Services include minor home repair services, rent assistance to prevent eviction, healthcare services for the homeless, shelter and transitional housing, case management and emergency assistance for refugees, senior meal program for refugees and micro- enterprise business classes to increase self-sufficiency for low and-moderate income individuals. # Project Name 1 Kent Home Repair Program 2 Catholic Community Services-Katherine's House 3 Multi-Service Center-Housing Stability 4 HealthPoint-Healthcare for the Homeless 5 Refugee Women's Alliance-Case Management & EMS Assistance 6 Refugee Women's Alliance-Senior Meals 7 Washington CASH-Kent Micro-enterprise Initiative 8 YWCA-Anita Vista Transitional Housing 9 Emergency Feeding Program-Food for All Around Kent Table 7 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City's distribution of funds align with the City's objectives of accessibility to decent housing, a suitable living environment and economic opportunities. Annual Action Plan 2014 22 OMB Control No: 2506-0117 (exp. 07/31/2015) Projects AP-38 Projects Summary Project Summary Information 1 Project Name Kent Home Repair Program Target Area City of Kent Goals Supported Affordable Housing to homeless & those at-risk Needs Addressed Affordable housing Funding CDBG: $569,424 Description Capital: Low/moderate-income homeowners in Kent receive minor and major home repairs Planned Activities Homes owned by senior and low/moderate-income residents receive minor and major home repairs 2 Project Name Catholic Community Services-Katherine's House Target Area City of Kent Goals Supported Affordable Housing to homeless & those at-risk Needs Addressed Affordable housing Funding CDBG: $10,000 Description Public Services: Sub-recipient provides shelter and case management services to women residing in transitional shelter Planned Activities Shelter is provided for homeless women in recovery who formerly resided in Kent 3 Project Name Multi-Service Center-Housing Stability Annual Action Plan 2014 23 OMB Control No: 2506-0117 (exp. 07/31/2015) Target Area City of Kent Goals Supported Prevent homelessness Needs Addressed Basic Needs Services Funding CDBG: $64,175 Description Public Services: Funding used for housing stability grants to low-income individuals Planned Activities Project provides grants to prevent eviction and prevent homelessness 4 Project Name HealthPoint-Healthcare for the Homeless Target Area City of Kent Goals Supported Medical care for the homeless Needs Addressed Basic Needs Services Funding CDBG: $10,000 Description Public Services: Project provides nursing services to homeless individuals Planned Activities Project provides nursing services to homeless individuals in transitional housing 5 Project Name Refugee Women's Alliance-Case Management & EMS Assistance Target Area City of Kent Goals Supported Prevent homelessness of refugees Needs Addressed Basic Needs Services Funding CDBG: $15,000 Description Public Services: Funds emergency assistance and case management services to refugees living in Kent Annual Action Plan 2014 24 OMB Control No: 2506-0117 (exp. 07/31/2015) Planned Activities Project provides emergency assistance grants and case management to refugees and immigrants residing in Kent 6 Project Name Refugee Women's Alliance-Senior Meals Target Area City of Kent Goals Supported Decrease isolation of at-risk seniors Needs Addressed Services for at-risk seniors Funding CDBG: $10,000 Description Public Services: Project provides meals to refugee seniors residing in Kent Planned Activities Refugee seniors receive congregate meals and information to maintain good health 7 Project Name Washington CASH-Kent Micro-enterprise Initiative Target Area City of Kent Goals Supported Increase self-sufficiency Needs Addressed Economic Opportunities Funding CDBG: $25,000 Description Capital: Project provides business classes and assistance for micro-enterprise businesses Planned Activities Business classes will be provided to low/moderate-income residents or business owners in Kent to create or expand micro- enterprise businesses. 8 Project Name YWCA-Anita Vista Transitional Housing Target Area City of Kent Goals Supported Affordable Housing to homeless & those at-risk Needs Addressed Affordable housing Annual Action Plan 2014 25 OMB Control No: 2506-0117 (exp. 07/31/2015) Funding CDBG: $18,000 Description Public Services: Project provides transitional housing to DV victims Planned Activities Provide transitional housing to domestic violence survivors and their children. 9 Project Name Emergency Feeding Program-Food for All Around Kent Target Area City of Kent Goals Supported Basic Needs Needs Addressed Basic Needs Services Funding CDBG: $10,000 Description Project provides 15 varieties of emergency feeding bags to low/moderate-income residents in accessible venues throughout the City Planned Activities Food bags provided at distribution sites throughout Kent; this increases accessibility/availability of food at sites and for residents who may not get to the food bank during limited hours/days Table 8 – Project Summary CONTINGENCY PLANS Public Services In the event of a funding increase, funds will be allocated proportionally among projects. In the event of a funding decrease, funds will be deducted proportionally among projects; all projects will receive at least $10,000. Capital In the event of a funding increase, funds will be allocated proportionally among projects. In the event of a funding decrease, the Home Repair Program will receive a $69,424 decrease, which will leave its allocation at $500,000. Annual Action Plan 2014 26 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed CDBG funds are distributed throughout the city. Low and moderate-income households exist in all of the census tracts in the city. The heavier concentrations can be found on both the East and West Hill of Kent. Geographic Distribution Target Area Percentage of Funds City of Kent 100% Table 9 - Geographic Distribution Rationale for the priorities for allocating investments geographically N/A. Discussion Poverty is high in pockets throughout the City (over 20%) and children qualifying for free and reduced lunches in the Kent School District is at 52%. Unemployment and dependence on public assistance has forced many households to use public services for basic needs including food, utility assistance, rental assistance, medical services, etc. The increased need and high volume of usage dictates that services be available to all low/moderate-income households in the City of Kent. Annual Action Plan 2014 27 OMB Control No: 2506-0117 (exp. 07/31/2015) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction The City will provide rental assistance to prevent homelessness and rehabilitation assistance to keep Kent residents in their homes who might not otherwise be able to afford the upkeep for their homes. In addition, the City will invest in transitional housing and shelter beds. One Year Goals for the Number of Households to be Supported Homeless 15 Non-Homeless 80 Special-Needs 0 Total 95 Table 10 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 54 The Production of New Units 0 Rehab of Existing Units 80 Acquisition of Existing Units 0 Total 134 Table 11 - One Year Goals for Affordable Housing by Support Type Discussion Rental assistance is provided through the Multi-service Center Housing Stability Program and the Refugee Women's Alliance Emergency Assistance and Case Management Program. The City of Kent also provides minor and major home repairs on homes owned by low/moderate-income Kent homeowners. (Due to increased costs for construction and home repair materials, the City is increasing the maximum amount of home repair grants per household to $7,500 (the former maximum was $5,000). Note: REWA provides both rental and utility assistance; however it cannot be determined at this point which type of assistance will be provided.) Goals for the homeless include transitional housing through YWCA-Anita Vista and shelter through Catholic Community Services-Katherine's House. Annual Action Plan 2014 28 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-60 Public Housing – 91.220(h) Introduction Public Housing residents have access to activities funded by the City; the City does not plan special activities for this population. Actions planned during the next year to address the needs to public housing All actions planned during 2014 address the needs of PH residents. The Senior Nutrition and Wellness Program is held at Birch Creek Apartments, a PH facility. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City does not plan actions to encourage PH residents to become more involved in management and participate in homeownership; however, the Kent Cultural Diversity Initiative Group, which is staffed by the City, periodically hosts speakers from organizations like Habitat for Humanity of Seattle/King County and the King County Bar Association. These organizations notify housing and providers that work with low/moderate-income clients about housing opportunities and how to advocate for housing rights. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance N/A. Discussion N/A. Annual Action Plan 2014 29 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction The City will use several mechanisms to assist its residents who face homelessness and have other special needs.  Allocation of resources to help Kent residents remain in their homes by providing home repair assistance; a great majority of these residents are seniors  Allocation of resources for nursing services to the homeless who reside in transitional housing  Allocation of resources to provide culturally-specific food bags in accessible locations  Allocation of resources to provide overnight shelter to women in recovery and transitional housing for domestic violence survivors and their children  Allocation of resources to provide emergency assistance and case management to refugees and immigrants  Allocation of resources to provide congregate meals to refugee seniors Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The HealthPoint Healthcare for the Homeless Project has an outreach component to ensure that the homeless are aware of healthcare services. The City also funds outreach to the homeless through a General Fund-supported project. Addressing the emergency shelter and transitional housing needs of homeless persons The City funds the YWCA-Anita Vista Transitional Housing Program for homeless DV victims and CCS's Katherine's House Program is a transitional shelter for homeless women. The City also funds a housing continuum through the General Fund to meet the range of housing needs to prevent homelessness or transition someone into housing from homelessness. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Annual Action Plan 2014 30 OMB Control No: 2506-0117 (exp. 07/31/2015) The transitional housing programs supported by the City assist families and individuals in shelter or transitioning from the streets into housing. The REWA Emergency Management and Case Management Program help families manage resources and prevent them from becoming homeless. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. Multi-Service Center assists individuals and families with these issues. In addition, the city has an information and resource specialist who assists and counsels families who are released from the correctional facility and healthcare facilities. Discussion One year goals for the number of households to be provided housing through the use of HOPWA for: Short-term rent, mortgage, and utility assistance to prevent homelessness of the individual or family Tenant-based rental assistance Units provided in housing facilities (transitional or permanent) that are being developed, leased, or operated Units provided in transitional short-term housing facilities developed, leased, or operated with HOPWA funds Total Annual Action Plan 2014 31 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-75 Barriers to affordable housing – 91.220(j) Introduction A great deal of staff time is used to educate and familiarize the community and policymakers about the evolving definition of "affordable housing". Although a large percentage of affordable housing located in the City is well-maintained, some of the stock is deteriorating and contributes to the perception that affordable housing is an eyesore in the community. This is a barrier to adding additional stock, and a priority is to upgrade stock when needed and encourage responsible ownership. Other barriers will be addressed as staff exposes the community to good affordable housing models through housing tours and question and answer sessions. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City works with the Economic and Community Development Department on these issues; however, no specific actions are planned for 2014. Discussion Annual Action Plan 2014 32 OMB Control No: 2506-0117 (exp. 07/31/2015) AP-85 Other Actions – 91.220(k) Introduction The City of Kent will enhance coordination by continuing to work with racial and ethnic minority providers to develop strategies that will allow them to co-locate in a central location making access for clients easier. The City of Kent will continue work to reduce the number of families in poverty through micro- enterprise training, maintaining relationships with local training schools, encouraging business to hire low-income residents, encouraging and supporting collaboration between employment specialists and outreach to increase opportunities for low-income residents to obtain livable wage jobs. In 2013, the City through the Kent Cultural Diversity Initiative Group, provided funding and supported a Refugee Employment Summit to increase jobs and connections between refugee leaders, employers and employment specialists. The City of Kent is committed to maintaining the affordable housing stock in our community. Using CDBG funds for the Home Repair Program allows home owners to maintain their homes and preserve the housing stock. Actions planned to address obstacles to meeting underserved needs The City is actively engaged with refugee and immigrant communities through the Kent Cultural Diversity Initiative Group. Additional time will be devoted to meeting with providers and representatives who specialize in serving these communities to help them develop an action plan to open a multicultural space that will include room to co-locate Ethnic-based Community Organizations (EBCOs). Actions planned to foster and maintain affordable housing The City will continue its long-term collaboration and participation on Boards, committees, funding review teams, etc. to foster and maintain affordable housing for the South County Region. Through sub- regional efforts, elected officials and Land Use and Planning Board members will be educated about the need for and importance of affordable housing for the long term viability of the community. Actions planned to reduce lead-based paint hazards No actions are planned. Actions planned to reduce the number of poverty-level families Actions to reduce the number of poverty level families includes funding micro-enterprise training, Annual Action Plan 2014 33 OMB Control No: 2506-0117 (exp. 07/31/2015) maintaining relationships with local training schools, encouraging business to hire low-income residents and outreach increase opportunities for low-income residents to obtain livable wage jobs. Actions planned to develop institutional structure No actions are planned. Actions planned to enhance coordination between public and private housing and social service agencies The City has been instrumental in developing relationships between these entities and will continue to foster and participate in these collaborations, including the Homeless Forum, a monthly meeting of housing and support service providers, South King Council of Human Services, South King County Housing Development Group, and the King County Housing Development Consortium. Discussion Annual Action Plan 2014 34 OMB Control No: 2506-0117 (exp. 07/31/2015) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 2014 35 OMB Control No: 2506-0117 (exp. 07/31/2015) Discussion The City will use all of its funds to benefit persons of low/moderate-income. APPLICATION FOR OMB Approval No. 0348-0043 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Preapplication 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5. APPLICANT INFORMATION Legal Name:Organizational Unit: Address (give city, county, State, and zip code):Name and telephone number of person to be contacted on matters involving this application (give area code) 6. EMPLOYER IDENTIFICATION NUMBER (EIN):7. TYPE OF APPLICANT: (enter appropriate letter in box) A. State H. Independent School Dist. 8. TYPE OF APPLICATION: B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University D. Township K. Indian Tribe If Revision, enter appropriate letter(s) in box(es) E. Interstate L. Individual F. Intermunicipal M. Profit Organization A. Increase Award B. Decrease Award C. Increase Duration G. Special District N. Other (Specify) ____________________ D. Decrease Duration Other (specify): 9. NAME OF FEDERAL AGENCY: 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT’S PROJECT: TITLE: 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ . 00 a. YES. THIS PREAPPLICATION/APPLICATION WAS MADE b. Applicant $ . 00 AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: c. State $ . 00 DATE _____________________ d. Local $ . 00 b. No. PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $ . 00 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ . 00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ . 00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Type Name of Authorized Representative b. Title c. Telephone Number d. Signature of Authorized Representative e. Date Signed Previous Edition Usable Standard Form 424 (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 Construction Non-Construction Non-Construction Construction Yes If "Yes," attach an explanation.No New Continuation Revision Agenda Item: Consent Calendar – 7G TO: City Council DATE: November 5, 2013 SUBJECT: 2013 Western States Arts Federation Grant – Accept SUMMARY: Western States Arts Federation (WESTAF) has awarded the Kent Arts Commission an IM (Independent Music) Tour Grant for $2,500.00. The Kent Arts Commission used the funding during 2013 to support the presentation of The Changing Colors (an acoustic music duo), as part of the Kent Summer Concert Series. The group also led an educational outreach activity at Kent Parks’ summer day camp program. EXHIBITS: WESTAF Grant Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Kent Arts Commission Budget MOTION: Move to accept the 2013 Western States Arts Federation grant in the amount of $2,500.00 amend the budget, and approve the expenditure of funds in the Kent Arts Commission’s budget, with terms acceptable to the City Attorney and Parks and Community Services Director. This page intentionally left blank. Contract Date: January 7, 2013 Presenter: City of Kent Arts Commision IMTour Award Amount: $2,500 Artistic Fees: $31000 IMTour App ID: IMTP0015 .FDA number: 45.025 City of Kent Arts Commision FEIN #: 91=6001254 The Western States Arts Federation (WESTAF) shall assign the grant award amount to City of Kent Arts Commision following the return of a signed copy of this contract within 30 days of the contract date. Failure to return a signed copy of this contract in accordance with the schedule outlined shall result in the forfeiture of the grant award. IMTour is made possible through support from the National Endowment for the Arts, the Western States Arts Federation (WESTAF), and its participating state arts agencies. Support through IMTour is contingent on available funds. Project Description -the presenting organization is granted the above award amount for the following project:. Project Summary: One Concert for general public and an educational outreach activity with the artist. Artists)/Company: Changing Colors Engagement Date: August 13, 2013 OV' Au3ast G —� Number of Public Performances: 1 Number of Outreach Activities: 1 All IMTour supported engagements must include at least one (1) public performance and one 1) outreach activity with an educational component. A public performance is defined as a full-length performance for which promotion and marketing to the general public have been provided and the audience for which is a cross-section of the community (e.g. not primarily school -aged children during regular school hours). Examples of qualifying outreach activities are lecture -demonstrations, master classes, in -school educational activities involving students with the artist, etc. The following items are not considered to be qualifying outreach activities: 1) a performance for students that does not include an educational component about the art form; 2) a guest artist's residency at an institution of higher education; 3) activities at an institution of higher education for which the majority of the audience are students and/or faculty; 4) tickets to the public performance offered on a complimentary basis; and 5) a lecture or demonstration that directly precedes or follows the public performance. Contracting with WESTAF -due date: February 5, 2013 Please note, this award is contingent upon the return of a signed copy of the enclosed IMTour grant contract within 30 days of receipt of this award letter. This is the grant contract between City of Kent Arts Commision and WESTAF. Failure to return the grant contract in accordance with this schedule could result in the forfeiture of the grant award. Contracting with the artist -due date: September 3, 2013 If the final artist's letter of agreement/contract was not included with the proposed IMTour application, this grant award will not become official until the grantee sends the fully executed, co -signed contract between City of Kent Arts Commision and the artist(s), Changing Colors. We must receive the contract no later than three weeks after the performance. Payment to the Grantee (Presenting Organization): WESTAF shall pay the grantee $2,500 upon. ® The satisfactory performance of the services described in the project description above Project and grantee compliance with established program rules and requirements per the IMTour grant guidelines. Submission of a copy of the final artist's letter of agreement/contract including the artistic fee ® The award amount must be matched 1 to 1 with Cash Income and/or In -Kind. o WESTAF could adjust the grant award amount accordingly if there is not enough of a match. o Timely return of a completed 2012-2013 IMTour final report and project description online at https:J/aMD.cgweb.orgJactive proarams php within 60 days following the engagement. ® Final Report Due: October 14, 2013 ® Final report has been approved by WESTAF and the funds have been received by WESTAF from the NEA. ® Funder crediting must be included in the grantee's current season brochure, the performance program and any other promotional materials. Copies of these materials must be sent in with the final report. Grantees must clearly acknowledge support from fhe National Endowment for the Arts, WESTAF, and their States Arts Agency in their programs and related promotional materials. ® Final report support materials, such as season brochures and performance programs, may be submitted online or sent to WESTAF at: 1743 Wazee Street, Suite 300, Denver, CO 80202. Support materials that are mailed to WESTAF must be received within 30 days of the submission of the online final grant report form. Payment to the Artist: The above artistic fees shall be paid directly to the artist/company (or designated representative) by the presenter as per the artist -presenter contract. Change Requests: If any dates, fees, and/or activities change at any time from those listed above, the presenter must notify WESTAF in writing via email to daniel.aid@westaf.org within 30 days of the change and provide an updated artistic contract. NOTE: Changes in plans may affect award amounts and must meet the goals and review criteria of the IMTour program. Failure to meet these requirements will result in the forfeiture of the grant award. Required Credit: Grantees must clearly acknowledge support from the National Endowment for the Arts, WESTAF, and their state arts agency in the programs and related promotional materials. Acknowledgement should be given in text and graphically by using the NEA and WESTAF logos. Copies of the WESTAF, IMTour, and NEA logos may be found at: hijaIL vww,westaf.org/resourci2s/­logos & http•//www.arts.gov/manageaward/logoslindex.htmi Alternately, copies of these logos may be requested via email by calling 303.629.1166. Acknowledgment of the National Endowment for the Arts, WESTAF and the grantee's state arts agency can be phrased in a variety of ways: For example. Funding for the Commission and its programs is provided by the Western States Arts Federation and the National Endowment for the Arts. This project received support from Grantee°s state Aef� �lgertoy]; WESTAF, the Western States Arts Federation; and the National Endowment for the Arts. Compliance: All information and conditions contained in the 2011111* IMTour guidelines are incorporated herein. By signing this contract, the presenter agrees to comply with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 ("ADA°') (42 U.S.C. 12101-12213); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C: 1681 et seq.); and The Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq. And 45 C.F.R. pt. 1154); as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes, and the applicant hereby gives assurance to immediately take any measures necessary to comply. Compliance is mandatory with all requirements, paperwork, and related timelines as described herein; failure to do so may jeopardize current and/or future funding from WESTAF. We the undersigned understand and will comply with the terms of this contract. City of Kent Arts, Commision WESTAF (Western States Arts Federation) 220 4th Avenue South s 1743 Wazee Street, Suite 300 Kent, WA 98032 Denver, CO 80202 Grantee (Presenter)/Address WESTAF/Address: please write in any corrections above Authorized Signature for Presenter/Date Authorized Signature for WESTAF/Date Bryce Merrill/Senior Associate Director WLWYIA92LG WE IllYA rint Name/Title Print Name/Title Phonen 303.629.1166 FaxK 303.629.9717 bryce.merrill@westaf.org Phone/ s Tax ID a - Please return fhe signed contracf within 30 days to: WESTAF, 1743 Wazee St, Suite 300, Denver, CO 80202 Attn: IMTour Phone: 303.629.1166 * Fax: 303.629.9717 * E-mail: bryce.merrill@westaf.org Agenda Item: Consent Calendar – 7H TO: City Council DATE: November 5, 2013 SUBJECT: Recreation Conservation Office Grant Amendment – Accept SUMMARY: In 2010, the City purchased approximately 32 acres at the north end of the City known as the Huse property. The purchase price was $1,500,000.00. Staff received a $650,000.00 grant from King County Conservation Futures toward the purchase of the property. Staff also applied for a reimbursement grant through the Washington State Recreation and Conservation Office, and was awarded the $834,725.00 grant, which will pay for half of the purchase price and all qualifying “soft costs” associated with the purchase of the property. EXHIBITS: Recreation and Conservation Office WWRP Project Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: The funds will reimburse the Park Land Acquisition Budget. MOTION: Move to accept the reimbursement grant from the Recreation and Conservation Office for an amount not to exceed $834,725.00, amend the budget, authorize the expenditure of funds, and authorize the Mayor to sign all necessary documents, subject to terms and conditions acceptable to the City Attorney and Parks and Community Services Director. This page intentionally left blank. 'y WASHINGTON STATE Recreation and Conservation Office 1W as •' ••r IN • Project Sponsor: Kent Parks, Recreation &Community Services Project Title: Huse/Soos Creek Property Acquisition Project Number: 12-1525A Approval Date: 7/1/2013 q, PARTIES OF THE AGREEMENT This project grant Agreement (Agreement) is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB) and the Recreation and Conservation Office, P.O. Box 40917, Olympia, Washington 98504-0917 and City of Kent by and through the Kent Parks, Rec & Comm Senr (sponsor), 220 4th Ave S, Kent, WA 98032-5895 and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for the project named above. C. DESCRIPTION OF PROJECT The City of Kent will use this grant to acquire two parcels of land totaling 33.7 acres next to Soos Creek to serve as a trailhead to the regional Soos Creek trail and serve as a passive community park for residents in the Panther Lake area of Kent. The property is located within the City limits, in the newly annexed area of Panther Lake. By acquiring the property, the City will be able to provide community park elements to an underserved area within the city while providing additional connectivity by enhancing access to the Soos Creek trail. The primary recreation provided by this project will be for passive recreation and regional trail access. D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on September 6, 2013 and end on December 31, 2014. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement or specifically provided for by RCFB and/or SRFB policy or WAC. Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is made after the Agreement end date, the time extension may be denied. The sponsor has obligations beyond this period of performance as described in Section E. E. ON -GOING OBLIGATION For acquisition projects the project sponsor's on -going obligations shall be in perpetuity and shall survive the completion/termination of this project Agreement unless otherwise identified in the Agreement or as approved by the funding board. It is the intent of the funding board's conversion policy (see section 23) that all lands acquired with funding assistance remain in the public domain in perpetuity. F. PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed $834,725.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this project at a minimum shall be as indicated below: RCFB -WWRP -Local Parks Project Sponsor Total Project Cost Percentage 50.00% 50.00% 100.00% DollarAmount $834,725.00 $834,725.00 $1,669,450.00 WWRP Project Agreement - RCO #12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 1 of �s PROJAGR.RPT G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, as now existing or hereafter amended, including the sponsor's application, eligible scope activities, project milestones, and the Standard Terms and Conditions of the project Agreement, all of which are incorporated herein. Except as provided herein, no amendment/deletions of any of the terms or conons of this Agreement will be effective unless provided in writing. All such amendment/deletions must be signed by both parties except the RCO director may unilaterally make amendments to extend the period of performance. Period of performance extensions need only be signed by RCO's director or designee. H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 79A.15 RCW, Chapter 286 WAC, and published agency policies, which are incorporated herein by this reference as if fully set forth. SPECIAL CONDITIONS None JFEDERAL FUND INFORMATION (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications and notices under this Agreement will be addressed and sent to at least the mail address or the email address listed below if not both: Project Contact RCFB These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This Agreement, for project 12-1525A, shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible and allowable costs incurred within the period of performance identified in Section D above are allowed only when this Agreement is fully executed and an original is received by RCO. WWRP Project Agreement - RCO #12-1525A Chapter 79A.15 RCW, Chapter 286 WAC P ROJAG R. R PT Outdoor Recreation Account Page 2 of 16 The sponsor/s has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement. The signators listed below represent and warrant their authority to bind the parties to this Agreement. on Parks, Rec &Comm Sery By: Name: (printed) _ Title: State of Washington On behalf of the Recreation and Conservation Funding Board (RCFB) By: By: Kaleen Cottingham Director Pre -approved as to form: /s/ Assistant Attorney General WWRP Project Agreement - RCO #12-1525A Chapter 79A.15 RCW, Chapter 286 WAC PROJAGR.RPT Date: Date: Date: June 7, 2013 Outdoor Recreation Account Page 3 of 16 Table of Contents Page SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS............................................................ 6 SECTION 2. PERFORMANCE BY THE SPONSOR..................................................................... 7 SECTION 3. ASSIGNMENT.................................................................................................... 7 SECTION 4. RESPONSIBILITY FOR PROJECT......................................................................... 7 SECTION 5. INDEMNIFICATION............................................................................................. 7 SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR....................................................... 7 SECTION 7. CONFLICT OF INTEREST.................................................................................... 8 SECTION 8. ACKNOWLEDGMENT ANDSZGNS........................................................................ 8 SECTION 9. COMPLIANCE WITH APPLICABLE LAW, N x " N ff " w R 9 N N N a ff a 9 a a M a a A a ff w a a K ff 0 0 a a 0 a 0 ff a 1 0 ff 0 0 0 0 0 0 9 0 0 0 0 M 2 0 0 a a N 0 a M 8 SECTION 10. HAZARDOUS SUBSTANCES............................................................................... g SECTION 11. RECORDS......................................................................................................... g SECTION 12. TREATMENT OF ASSETS.................................................................................... g SECTION 13. RIGHT OF INSPECTION....................................................................................... 10 SECTION 14. STEWARDSHIP AND MONITORING...................................................................... 10 SECTION 15. DEBARMENT CERTIFICATION............................................................................. 10 SECTION16, PROJECT FUNDING........................................................................................... 10 SECTION 17. PROJECT REIMBURSEMENTS. ff 0 0 0 ff 0 K a 0 a ff K ff 0 0 0 a a 1 0 9 M 0 M 0 0 M 0 M a 0 2 a 9 s 0 0 2 0 a I M 0 2 a 0 0 K . 0 N K K N v d N a a w w w 9 K w a 0 A R x q a N v 0 10 SECTION 18, ADVANCE PAYMENTS....................................................................................... 11 SECTION 19. RECOVERY OF PAYMENTS................................................................................ 11 SECTION 20. CONVENANT AGAINST CONTINGENT FEES ......................................................... 11 SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS.................................................................................. 11 SECTION 22, PROVISIONS APPLYING TO ACQUISITION PROJECTS .......................................... 11 SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES................................................................. 12 SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS.................................................................................. 12 SECTION 25, INCOME AND INCOME USE................................................................................ 13 SECTION 26. PREFERENCES FOR RESIDENTS....................................................................... 13 WWRP Project Agreement - RCO #12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 4 of 1s PROJAGR.RPT SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS.. me WE 0 mum 0 manes Won off 0 9 0 noun RONNE am a a a a a 0 a a a a A A a A 0 a 0 0 A 0 a a a 0 a A a A a a a a a a A a a a a a 0 0 0 a 0 a a a a 0 0 0 0 0 0 a A a a a a A a A A A a 13 SECTION 28. LIABILITY INSURANCE REQUIRMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS'. A A A AV A A A A A A I A A 9 A 2 4 A A 9 A A A A A A A A A A AS 0 A A A A a I A I IN ON ME A A A A A 9 A NO A 0 0 A US IS 13 SECTION 30. FARMLAND PRESERVATION ACCOUNT............................................................. 14 SECTION 31. ORDER OF PRECEDENCE................................................................................. 14 SECTION 32. AMENDMENTS................................................................................................. 14 SECTION 33. LIMITATION OF AUTHORITY.............................................................................. 14 SECTION 34. WAIVER OF DEFAULT....................................................................................... 14 SECTION 35. APPLICATION REPRESENTATIONS -MISREPRESENTATIONS OR INACCURACY OR BREACH. A A 0 A A A A 9 A A A A A 0 A 9 A A A A 0 A A 0 A A 0 A A A A 6 2 0 A A A A A A A 0 0 0 A A A A A A A I A A 0 4 1 9 9 A A 0 0 A 1 9 1 1 1 A 9 ME 14 SECTION 36. SPECIFIC PERFORMANCE................................................................................ 15 SECTION 37. TERMINATION. A a a 0 1 0 a 2 0 0 2 A a 0 0 1 0 0 0 a 0 0 0 0 a 0 0 a 0 0 a A a a a 0 2 a A a a a 0 0 0 A A 0 0 A 0 9 0 0 a a a A 0 A 0 0 0 9 0 a 0 a 0 2 0 0 a 0 0 0 a 0 0 0 a 2 0 0 0 0 a a a A a a a A a a 15 SECTION 38. DISPUTE HEARING.......................................................................................... 15 SECTION 39. ATTORNEYS' FEES.......................................................................................... 15 SECTION 40. GOVERNING LAW/VENUE................................................................................. 16 SECTION 41. SEVERABILITY................................................................................................ 16 WWRP Project Agreement - RCO #12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 5 of 16 P R OJAG R. R PT WASHINGTON STATE Recreation and Conservation Office Standard Terms and Conditions f the Project Agreement Project Sponsor: Kent Parks, Recreation & Community Services Project Number: 12-1525A Project Title: Huse/Boos Creek Property Acquisition Approval Date: 7/1/2013 SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A, Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: acquisition -The purchase of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. Agreement - The accord accepted by all parties to the present transaction; this Agreement, any supplemental Agreements, any amendments to this Agreement and any intergovernmental Agreements. applicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the funding Board. application - The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. asset - Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement. This definition is restricted to non -fixed assets, including but not limited to vehicles, computers or machinery. cognizant or oversight agency - Federal agency responsible for ensuring compliance with federal audit requirements. contractor - Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate Agreement with the sponsor. The term "contractor" and "contractors" means contractor(s) in any tier. development - The construction of or work resulting in new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation, salmon recovery or habitat conservation resources. director - The chief executive officer of the Recreation and Conservation Office or that person 's designee. elements, items and worktypes - Components of the funded project as provided in the project description. funding board - The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board (RCFB) created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter 77.85.110 RCW. grantee - The organizational entity or individual to which a grant (or cooperative agreement) is awarded and signatory to the Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the grant -supported project or activities, landowner agreement - A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for projects located on land not owned, or otherwise controlled, by the sponsor. lower tier participant -refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCO. milestone - An important event with a defined deadline for an activity related to implementation of a funded project, period of performance - The time period specified in the Agreement, under Section D, period of performance. project - The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds administered by RCO on behalf of the funding board. RCO - Recreation and Conservation Office - The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement - Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation - The activities intended to improve an existing site or structure in order to increase its service life or functions. This does not include maintenance activities. restoration -Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. RTP -Recreational Trails Program - A federal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor -one of two or more eligible organizations that sponsors agrant-funded project. Of these two sponsors, only one - the primary sponsor - may be the fiscal agent. sponsor - The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees, agents and successors. subgrantee - The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. WWRP Project Agreement - RCO #12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 6 of 16 PROJAGR.RPT SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor, and secondary sponsor where applicable, shall undertake the project as described in this Agreement, post evaluation summary, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as if fully set forth herein. The Order of Precedence is covered in Section 31. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. SECTION 3. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior written consent of the Recreation and Conservation Office, SECTION 4. RESPONSIBILITY FOR PROJECT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the project itself remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, a secondary sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all post -completion stewardship responsibilities. SECTION 5. INDEMNIFICATION The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any obligation under this Agreement by, the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claimsI demands or suits based solely upon the negligence of, or breach of any obligation under this Agreement by the State, its agents, officers, employees, subcontractors or vendors, of any tier, or any other persons for whom the State may be legally liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the State its agents, officers, employees , subcontractors and or vendors, of any tier, or any other persons for whom the State may be legally liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence of the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement between sponsor and any subcontractor and vendor, of any tier. The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable, in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to State, its agents, officers and employees pursuant to the Agreement; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to State, its agents, officers and employees by the sponsor, its agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State anA, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government. SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding board or RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, WWRP Project Agreement - RCO #12-1525A Chapter 79A.15 RCW, Chapter 286 WAC PROJAGR.RPT Outdoor Recreation Account Page 7 of 16 state, and/or local laws. SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTION 8. ACKNOWLEDGMENTAND SIGNS A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. B. Signs. The sponsor also shall post signs or other appropriate media during the project period and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the director. C. Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state: 1. The percentage of the total costs of the project that is financed with federal money; 2. The dollar amount of federal funds for the project; and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources . SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and funding board policies regardless of whether the sponsor is a public ornon-public organization. The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act, Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in -water work unless either the sponsor has complied with 50 CFR 223,203 (b)(8), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by RCO. Nondiscrimination Laws The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsors noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. Wages and Job Safety The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the Davis -Bacon Act, and other federal laws, and the rules and regulations of the Washington State Department of Labor and Industries. Archaeological and Cultural Resources The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural resources. The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsor shall comply with the requirements of WWRP Project Agreement - RCO #12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page a of �s PROJAGR.RPT Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50 Restrictions on Grant Use No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. SECTION 10. HAZARDOUS SUBSTANCES A. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in Chapter 70.105D.020 (10) RCW, and certify: 1. No hazardous substances were found on the site, or 2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed "clean." B. Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. C. Hold Harmless. The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the sponsor is acquiring. SECTION 11. RECORDS A. Maintenance. The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of six years from the date RCO deems the project complete , as defined in Section 17(C) below. If 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. B. Access to records and data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the sponsor's reports, including computer models and methodology for those models. C. Public Records. Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally, in compliance with RCW 77.85.130(8), sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. SECTION 12, TREATMENT OF ASSETS A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the sponsor discontinues use of the assets) for the purpose for which it was funded, RCO will require the sponsor to deliver the assets) to RCO, dispose of the asset according to RCO policies, or return the fair market value of the assets) to RCO. Assets shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing. B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices. WWRP Project Agreement - RCO #12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page s of 1s PROJAG R. RPT SECTION 13. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO, 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 Agreement. If a landowner agreement or other form of control and tenure has been executed, it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance. SECTION 14. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board. SECTION 15. DEBARMENT CERTIFICATION A. For Federally Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at http://www,gsaig.gov/index.cfm?LinkServl D=C4C89080-D2BE-D29A-96355D44Al 3E4356. The sponsor (prospective lower tier participant) shall provide immediate written notice to RCO if at any time the prospective lower tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed circumstances. B. For State Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "Contractors not Allowed to Bid on Public Works Projects" list ai http://www.l n i.wa.g ov/TradesLice ns i ng/PrevWage/Award i ngAg a ncies/Debarred Contracto rs/ SECTION 16. PROJECT FUNDING A. Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement. B. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or program specific eligible pre -Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and ar original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the period of performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the funding board may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PROJECT REIMBURSEMENTS A. This contract is administered on a reimbursement basis. The sponsors may only request reimbursement after eligible and allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then reimburse the sponsor for those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO. RCO does not reimburse for donations which the sponsor may use as part of its percentage. All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. C. Compliance and Retainage. RCO reserves the right to withhold disbursement of up to the final ten percent (10%) of the total amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when: 1. All approved or required activities outlined in the Agreement are done; 2. On -site signs are in place (if applicable); 3. A final project report is submitted to and accepted by RCO; 4. Any other required documents are complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed; and 8. Fiscal transactions are complete. WWRP Project Agreement- RCO #12-1525A Outdoor Recreation Page 10 of 16 9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future. D. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. SECTION 18. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060 (5). SECTION 19. RECOVERY OF PAYMENTS In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing. SECTION 20. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for development, renovation and restoration of land or facilities for outdoor recreation, habitat conservation, or salmon recovery: A. Document Review and Approval. The sponsor agrees to submit one copy of all development, renovation, restoration or construction plans and specifications to RCO for review prior to implementation. Review and approval by RCO will be for compliance with the terms of this Agreement. B. Contracts for Development, Renovation, or Restoration. Sponsors must have a procurement process that follows applicable state and/or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures: (1) publish a notice to the public requesting bids/proposals for the project (2) specify in the notice the date for submittal of bids/proposals (3)specify in the notice the general procedure and criteria for selection; and (4) comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex -orientation that are applicable to state agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. C, Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. D. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long term lease, easement, or fee simple ownership) for the land proposed for development, renovation or restoration. The documentation must meet current RCO requirements. E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. The best management practices are described in three documents: "Stream Habitat Restoration Guidelines: Final Draft", 2004; "Design of Road Culverts for Fish Passage", 2003; and "Integrated Streambank Protection Guidelines", 2002. These documents and other information can be found on the AHG website. SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for the acquisition of interest in real property (including easements) for outdoor recreation, habitat conservation, salmon recovery purposes, or farmland preservation: A Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. WWRP Project Agreement - RCO #12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 11 of 1s PROJAG R. R PT g, Evidence of Title. The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. C, Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the Agreement before final payment. D. Conveyance of Rights to the State of Washington. Document securing long-term rights for the State of Washington. When real property rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Deed of Right, Assignment of Rights, Easements and/or Leases. The sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity. 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to provide any housing and relocation assistance required. F. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9 - Archaeological and Cultural Resources before structures are removed or demolished. SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired, developed, renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies. It is the intent of the funding board's conversion policy, current or as amended in the future, that all real property or facilities acquired, developed, renovated, and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board. Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies. For acquisition projects that are term limited, such as one involving a lease or aterm-limited restoration, renovation, or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding board policies. SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS For acquisition, development, renovation and restoration projects, sponsors must ensure that properties or facilities assisted with funding board funds, including undeveloped sites, are built, operated, used, and maintained: A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. WWRP Project Agreement - RCO #12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 12 of 1s PROJAGR.RPT D. In compliance with all federal and state nondiscrimination laws, regulations and policies. For acquisition, development, renovation and restoration projects, facilities open and accessible to the general public must: E. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as updated. F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. G. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of area or facility. SECTION 25. INCOME AND INCOME USE A. Income, 1. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement. 2. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the: (a) Value of any service(s) furnished; (b) Value of any opportunities furnished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (Chapter 79A.25.210 RCW). B. Income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by state or federal law, the revenue may only be used to offset: 1. The sponsor's matching funds; 2. The project's total cost; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the funding board grant; q. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's system; and/or 5. Capital expenses for similar acquisition and/or development. SECTION 26. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the funding board discourages the imposition of differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS A corporate sponsor, including any nonprofit sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the sponsor's obligation to the project as identified in the Agreement. B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on -going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use, (e.g., members only). SECTION 28, LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. B. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. WWRP Project Agreement - RCO 412-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 13 of 1s PROJAG R. R PT C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement. D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the sponsor. E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy as a part of its application to the funding board. F• By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or others, for any and all remedies that may be available by law. SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), the "Project Agreement General Provisions" in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 30. FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. • Section 8 - Acknowledgement and Signs, • Section 10 - Hazardous Substances, • Section 14 - Stewardship and Monitoring • Section 22 - Provisions Applying to Acquisition Projects, Sub -sections F and G. • Section 23 - Restriction on Conversion of Real Property and/or Facilities to Other Uses, • Section 24 - Construction, Operation, Use and Maintenance of Assisted Projects, Sub -sections E, F, G, and • Section 25 - Income and Income Use SECTION 31. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and/or state B. statutes, regulations, policies and procedures including RCO/funding board policies and procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders; Project agreement including attachments; C. Special Conditions; D. Standard Terms and Conditions of the Project Agreement. SECTION 32. AMENDMENTS Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee. SECTION 33. LIMITATION OF AUTHORITY Only RCO or RCO'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 conon of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 34. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached to the original Agreement. SECTION 35, APPLICATION REPRESENTATIONS --MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. WWRP Project Agreement - RCO #12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 1a of 1s PROJAGR.RPT SECTION 36. SPECIFIC PERFORMANCE The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion of the project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity. SECTION 37. TERMINATION The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the sponsor in its application for a grant as finally approved by the funding board A• For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. B• Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. C, For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mang, terminate this Agreement, in whole or in part. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION 38. DISPUTE HEARING Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the funding board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the funding board's chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. SECTION 39. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. WWRP Project Agreement - RCO #12-1525A Outdoor Recreation Account Chapter 79A.15 RCW, Chapter 286 WAC Page 15 of 1 s PROJAGR.RPT SECTION 40. GOVERNING LAMVENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe, the following governing law/venue applies: A. Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court. B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such a lawsuit shall be binding and enforceable on the parties. Any money judgment or award against a Tribe, tribal officers and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project Funding of the Agreement in order to satisfy the judgment. C. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attorneys' fees. For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. SECTION 41. SEVERABILITY The provisions of this Agreement are intended to be severable. If 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 Agreement. WWRP Project Agreement - RCO #12-1525A Chapter 79A.15 RCW, Chapter 286 WAC PROJAG R. R PT Outdoor Recreation Account Page 16 of 16 •i • Project Sponsor: Kent Parks, Rec &Comm Sery Project Number: 12-1b25 A Project Title: Huse/Soos Creek Property Acquisition RC® Approval: 07/01/2013 Worksite Name Property Name Legal Description Worksite #1 Huse Property Huse Property The legal description of the property purchased with funding assistance provided through this Project Agreement (and protected by a recorded Deed -of -Right) shall be amended into the Project Agreement prior to reimbursement of the final payment. LEGALDSC.RPT September 10, 2013 Page 1 Eligible Scope Activities Project Sponsor: Kent Parks, Recreation & Community Services Project Number: 12-1525 Project Title: Huse/Soos Creek Property Acquisition Project Type: Acquisition Program: WVVRP - Local Parks Approval: 7/1/2013 Project Metrics Project Acquisition Project acres by purpose type Farmland Preservation 0.00 Habitat Restoration 10.70 Habitat Conservation 15.00 Public Access 33.70 Developed Recreation 8.00 Acquisition Metrics Property: Huse Property (Worksite #1, Huse Property) Real Property Acquisition Land Acres by Acreage Type (fee simple): Wetlands Uplands Existing structures on site: Clean up of hazardous substances required (yes/no): Incidentals Standard Incidentals Demolition Buildings / structures to be demolished: Fencing (Acq) Number of miles of fencing to be built Administrative Costs (Acq) Administrative costs (Acq) 12.00 21.70 Structures to be demolished No House at 13417 SE 216th Street, built in 1961. House at 13427 SE 216th, Street built around 1972. One barn of undetermined age that does not have an assessed value, ELIGREIM.RPT September 10, 2013 Page: 1 Project tJumber: Project Name: Sponsor: Project Manager: -•0 12-1525 A Huse/Soos Creek Property Acquisition Kent Parks, Rec & Comm Sery Laura Moxham X X Milestone OrderAppraisal(s) .. 12/31/2009 .- X Purchase Agreement Signed 06/30/2010 X ' Acquisition Closing 07/31/2010 Acquired through a Waiver of Retroactivity, Waiver #W10-29 X i Cultural Resources Complete 07110/2013 RCO has completed cultural resources consultation with Native American tribes and the Department of Archaeology and Historic Preservation. No further cultural resource investigation is required. DAHP Log No: 061013-03-RCFB X Order Appraisal Review(s) 08/20/2013 Project Start 09/06/2013 Recorded Acq Documents to RCO 10/31/2013 Noxious Weed Control Complete 11/30/2013 Progress Report Submitted 12/15/2013 Annual Project Billing 07/31/2014 i Progress Report Submitted 07/31/2014 Fencing Complete 10/31/2014 Demolition Complete 12/31/2014 Funding Acknowl Sign Posted 12/31/2014 Agreement End Date 12/31/2014 Final Billing to RCO 02/15/2015 EJFinal Report in PRISM =02/28)0/2015 X =Milestone Complete ! =Critical Milestone 1MILESTO.RPT September 10, 2013 Page: 1 This page intentionally left blank. Agenda Item: Consent Calendar – 7I TO: City Council DATE: November 5, 2013 SUBJECT: D. A. Hogan Consultant Agreement for Wilson Playfields - Authorize SUMMARY: The City’s only synthetic sports field is very close to the end of its useful life. Increasing levels of maintenance have kept the field playable and safe, but the wear continues. The anticipated cost of the replacement, at over a million dollars, has prevented the City from replacing the turf to this point, due to a lack of resources. However, with the recent state grant and the improved revenue outlook, Parks has put together options for funding this number 1 priority parks capital project. This contract, if approved, will procure the needed design and construction observation work necessary for a successful renovation project. D. A. Hogan is a nationally regarded firm specializing in artificial turf construction and replacement design. Construction is anticipated to commence in late first quarter of 2014. Approval for construction in the form of a bid award will come before City Council in early 2014. EXHIBITS: Consultant agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: The expenditures for this project are from the Parks Capital Budget. MOTION: Move to authorize the Mayor to sign the consultant agreement with D. A. Hogan and Associates for $26,450.00 for the Wilson Playfields Synthetic Turf Renovation project, subject to final terms and conditions acceptable to the City Attorney and the Parks and Community Services Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and D. A. Hogan & Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and D. A. Hogan & Associates, Inc., organized under the laws of the State of [Insert State Co. Formed Under], located and doing business at 119 1st Avenue South, Suite 110, Seattle, WA 98104; David L. Anderson, davea@dahogan.com., (206) 285-0400 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide landscape architectural services, from design through construction, for the Wilson Sports Fields Synthetic Turf Renovation project, per attached proposal incorporated herein as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 30, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $26,450, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 2 (Over $10,000) Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 3 (Over $10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The City’s use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of CONSULTANT SERVICES AGREEMENT - 5 (Over $10,000) the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: David L. Anderson D. A. Hogan & Associates, Inc. 119 1st Avenue South, Suite 110 Seattle, WA 98104 206-285-0400 (telephone) (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Hope Gibson City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5112 (telephone) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department [P:/Planning/Wilson Turf/Hogan Design Contract EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of ____ , 20___. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20____. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________   D.A. Hogan & Associates, Inc.  (206) 285‐0400 Tel  119 1st Avenue South, Suite 110  (206) 285‐0480 Fax  Seattle, WA 98104            October 1, 2013    Hope Gibson  City of Kent  Planning & Development   Parks, Recreation & Community Services        Proposal for Professional Engineering & Landscape Architecture Services for the  Wilson Playfields Synthetic Turf Replacement    PROJECT UNDERSTANDING    D.A. Hogan & Associates, Inc. is pleased to submit this Scope of Services and Fee Proposal for the  proposed synthetic turf field replacement at the Wilson Playfields.  The project schedule is assumed to  have construction occurring during the winter of 2014 with the following scope of work:    1. Removal of existing infilled synthetic turf  2. Repair/re‐grade existing permeable aggregate base  3. Expand the synthetic turf surfacing areas to encompass the current rubberized warning track  4. Repair existing edge anchor as required  5. Modifications to the existing perimeter fencing and netting  6. Install new infilled synthetic turf system    Attached please find the following:    Schedule A ‐ Scope of Services  Schedule B ‐ Fee Proposal    Please do not hesitate to contact me if you need further information.  On behalf of D.A. Hogan &  Associates, we look forward to working with the City of Kent on this project.    Sincerely,              David L. Anderson PE, Principal  D.A. Hogan & Associates, Inc.            Wilson Playfields Turf Replacement Study  Scope of Work and Fee Proposal  Page 2 of 4  SCHEDULE A  Professional Consulting Services for  Wilson Playfields  Synthetic Turf Field Replacements    SCOPE OF SERVICES    1.1 PHASE 1 – CONSTRUCTION DOCUMENT DESIGN PHASE    A. Final design of all systems and components  B. Working drawings and construction details.    C. Prepare a proposed design and construction schedule for review and approval by the Owner  D. Confirm design program elements and areas of responsibility with Owner  E. Participate in planning meetings to establish a final scope of work and construction for the  project  F. Facilitate synthetic turf workshop and technical presentations for the Field Committee if  requested  G. Calculation of construction cost estimates  H. Consultation to Owner as requested  I. Construction specifications  J. Bidding documents  K. Update construction estimates as appropriate.  Configure bid documents to keep project  within estimated MACC    1.2 PHASE 2 – BIDDING PHASE    A. Attend pre‐bid conference.  B. Respond to questions by prospective bidders and subcontractors.  C. Issue information for inclusion with addendum(s) as may be appropriate.   D. Review of bids received, consultation and recommendations to Owner for award of  applicable items.    1.3 PHASE 3 – CONSTRUCTION PHASE    A. Coordinate and attend pre‐construction conference with role of Owner’s Representative.   Distribute minutes as appropriate.  B. Endorse for approval or disapproval all materials and equipment submitted by the  Contractor.  C. Attend construction progress meetings with the Contractor and Owner.  Take meeting  minutes and distribute as appropriate.   D. Conduct surveillance of construction to include visits to the site to observe the progress and  quality of the work.  Inspections to be coordinated and will occur concurrent with weekly  construction meetings at the following approximate schedule:    1. After turf removal at completion of finish grading adjustment to the existing   permeable aggregate base  2. At completion of the seaming of turf and installation of the inlaid lines and markings  prior to the installation of the infill materials    Wilson Playfields Turf Replacement Study  Scope of Work and Fee Proposal  Page 3 of 4  3. At completion of field surface and infill installation to generate a punch list and to  establish substantial completion  4. After completion of all punch list items to certify final acceptance    E. Monitor construction progress and quality with decisions relative to contract performance.   Document all progress with reports as appropriate.  F. Issue instructions for and of the Owner to the Contractor and prepare RFI, field directives  and changes orders, if applicable.  G. Guard the Owner against deficiencies in the work and approve or disapprove work in  conformance with the contract documents.  H. Keep the Owner advised as to the progress of the work.  I. Assure for the Owner that the completed project will conform to the requirements of the  contract documents.  J. Complete substantial completion inspection and generate and distribute discrepancy (punch  list) items.  K. Review and process contractor progress payment requests.  L. Prepare and execute on behalf of the owner all changes to the work including Construction  Change Directives (CCD), Change Order Proposals (COP) and Change Orders (CO).  Tabulate  and respond to Requests for Information from Contractor.   M. Final inspection and certification of completion.  N. Warranty O&M Review.    1.4 WORK NOT INCLUDED    A. Full‐time, on‐site inspection  B. Construction site survey and construction control bench marks  C. Cost of printing of review, bidding, and distribution costs  D. Permit and Plan Check fees assessed by permit authorities.   E. Laboratory charges for construction testing    1.5 OWNER’S RESPONSIBILITIES    A. Assist the Consultant by placing at his disposal all available information pertinent to the site.  B. Advertise for proposals from bidders and administer the opening of bids.  C. Prepare such legal, accounting and auditing services as may be required by the Owner.  D. With the assistance of the Consultant, obtain approval of all governmental authorities that  have jurisdiction over the project.  E. Designate a person to act as Owner’s Representative.      Wilson Playfields Turf Replacement Study  Scope of Work and Fee Proposal  Page 4 of 4    SCHEDULE B  Professional Consulting Services for  Wilson Playfields  Synthetic Turf Field Replacements      1.6 COMPENSATION AND PAYMENT TO CONSULTANT    A. We offer a lump‐sum fee for all basic scope work as follows:    Construction Documents through Closeout $26,450    B. All Contractor construction negotiations and change order processing within original scope  of project is included in this amount.    C. Progress payment for Consulting work to be as follows:       Completion of Bid Documents $10,770   Completion of Bidding Phase $2,360   Completion of Construction $13,320   Total $26,450    D. Compensation for additional services that may be requested by the Owner shall be as  follows:       Principal Engineer $160.00 per hour   Principal Landscape Architect $160.00 per hour   Associate Principal Landscape Architect $145.00 per hour   Project Engineer $145.00 per hour   Landscape Architect $90.00 per hour   Technical Staff $80.00 per hour   Administrative $45.00 per hour    E. Expenses, outlined in paragraph 1.5 plus contracting, laboratory testing for construction  quality control, etc., as requested and authorized by Owner to be paid by our firm shall be  reimbursed at actual cost plus 5% administrative fee.                _____         David L. Anderson, P.E.    Principal Engineer        EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor’s Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any EXHIBIT B (Continued) combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Contractor’s Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. EXHIBIT B (Continued) E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. This page intentionally left blank. Agenda Item: Consent Calendar – 7J TO: City Council DATE: November 5, 2013 SUBJECT: Joint Funding Agreement for the Cooperative Data Collection Program with the U.S. Geological Survey - Authorize SUMMARY: This is an on-going program with the city of Kent and the U.S. Geological Survey (USGS) for stream data collection. For federal fiscal year 2014, The city of Kent will contribute $62,787 to the annual program costs of $108,370 with the USGS providing the remainder. These gages provide valuable information on stream and weather conditions, including water surface elevations, flow levels and amounts of precipitation. This information is used to calibrate stream flow models and increase the accuracy of City design of stormwater flood projection models. The gages, through their link to internet web sites, allow staff and the public to monitor stream flow levels from remote locations. The stream flow measured at the gage at Rock Creek and Kent Kangley Road is included in the Clark Springs Habitat Conservation Plan as a criterion to determine the City’s augmentation of flows in Rock Creek during certain periods of the year. This contract will provide for operation, maintenance and data collection at six gages. Two are located on Mill Creek, one on Springbrook Creek, two on Rock Creek, and one on the Green River. The gage information is available to the public real-time at http://waterdata.usgs.gov/wa/nwis/current?type=flow. EXHIBITS: U.S. Department of the Interior USGS Joint Funding Agreement #14WNWA09800 RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Costs for this contract will be charged partially to the Water Utility (Rock Creek gages) and partially to the Stormwater Utility (Green River, Mill and Springbrook gages). MOTION: Authorize the Mayor to sign the Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey, subject to terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. or 9=1366 (Oct. 2005) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement Customer #: 6000000723 FY14=A Agreement #: 14WNWA09800 Project #: TIN #: Fixed Cost Agreement FOR WATER RESOURCES INVESTIGATIONS 97229EU 916001254 Yes r No THIS AGREEMENT is entered into as of the 1sT day of OCTOBER 20131 by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Kent, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed -price agreement for operation, maintenance, and data collection on Green River at the 200th Street Bridge, and at Springbrook, Mill Creek, and Rock Creek stream gaging stations, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In -Kind Services in the amount of $ N/Aw by the party of the first part during the period (a) $37,836 OCTOBER 19 2013 to SEPTEMBER 30, 2014 by the party of the second part during the period (b) $62,787 OCTOBER 1, 2013 to SEPTEMBER 30, 2014 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Down Payment (Bill) Request (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File 13-212222, August 23, 1983). U.S. Geological Survey United States Department of the Interior USGS Point of Contact Name: Ken Frasl Address: USGS WAWSC — Field Office 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone: 253-552-1670 Email: kefraslQusgs.gov Signatures By c•- — Date /1 x.S /3 Name: Cynthia Barton, Ph.D., L.G., L.H.G. Title: Center Director, USGS Washington Water Science Center By Date Name: Title: 6000000723/14W N W A09800/FY 14-A Name of Customer City of Kent Customer Point of Contact Name: //like Mac-�«-�,s Address Telephone Email: By_ Date Name: Title: By - Date Name: Title: k �� 9iv nGOV "L Signatures Agenda Item: Consent Calendar – 7K TO: City Council DATE: November 5, 2013 SUBJECT: Valley Channel Reestablishment Project – Approve SUMMARY: Localized flooding in the valley occurs in part, due to sediment that has built up in creek channels. Deposition of sediment is a natural process. Decades of development in the urbanized watersheds have increased deposition rates. It has been several decades since sediment has been removed from the channels. The sediment has reduced flow capacity and flood storage, impacted water quality and impedes fish passage. Removing sediment in portions of the valley creek channels will reduce localized urban flooding. While sediment removal is beneficial, permits and regulatory requirements will result in a project that will most likely take a number of years to complete. King County Drainage District #1 has jurisdiction over much of the valley channels, and a partnership could be beneficial to an efficient and successful project. EXHIBITS: None RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Initially none, future endeavors with Drainage District No. 1 will be brought back to Council for later authorization. MOTION: Authorize staff to explore a potential partnership with King County Drainage District #1 to reestablish channels in the valley to reduce localized flooding and improve water quality and habitat. This page intentionally left blank. Agenda Item: Consent Calendar – 7L TO: City Council DATE: November 5, 2013 SUBJECT: Washington State Department of Ecology 2013-2015 Biennial Municipal Stormwater Capacity Grant - Authorize SUMMARY: The Washington State Department of Ecology is offering a no-match $50,000 grant for municipal stormwater permittees to implement programs to ensure compliance with the Clean Water Act. This grant does not require a local match. These funds will be used to improve Clean Water Act compliance programs (NPDES) to maximize efficiency and ensure continued compliance with increasing permit requirements. Additionally, Ecology is offering $120,000 of appropriated capital funds to municipal stormwater permittees to plan and design capital improvement projects. Approved projects must retrofit sub-standard stormwater systems with Low Impact Development stormwater management controls. EXHIBITS: Department of Ecology 2013-2015 Municipal Stormwater Capacity Grant RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None MOTION: Authorize the Mayor to accept a grant from the Washington State Department of Ecology in the amount of $170,000 for activities related to Clean Water Act Permit compliance, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. 1 2013-15 MUNICIPAL STORMWATER CAPACITY GRANT PROGRAM FISCAL YEAR 2014 GRANT AGREEMENT NUMBER G1400254 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT 2 TABLE OF CONTENTS PART I. GENERAL INFORMATION 3 PART II. PERFORMANCE MEASURES 4 PART III. PROJECT DESCRIPTION 4 PART IV. PROJECT BUDGET 5 PART V. SCOPE OF WORK 6 PART VI. SPECIAL TERMS AND CONDITIONS 10 PART VII. ALL WRITINGS CONTAINED HEREIN 10 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS...................................... 11 A. ARCHEOLOGICAL AND CULTURAL RESOURCES 11 B. EDUCATION AND OUTREACH 11 C. EQUIPMENT PURCHASE 12 D. FUNDING RECOGNITION 12 E. INCREASED OVERSIGHT 12 F. INDIRECT RATE 12 G. MINORITY AND WOMEN'S BUSINESS PARTICIPATION 12 H. PAYMENT REQUEST SUBMITTALS 13 I. POST PROJECT ASSESSMENT 14 J. PROCUREMENT 14 K. PROGRESS REPORTS 14 L. REQUIRED DOCUMENT SUBMITTALS 14 M. SPECIAL CONDITION FOR SNOHOMISH COUNTY AND KING COUNTY 15 N. WATER QUALITY MONITORING 15 ATTACHMENT II: GENERAL TERMS AND CONDITIONS ............................................................ 17 A. RECIPIENT PERFORMANCE 17 B. SUBGRANTEE/CONTRACTOR COMPLIANCE 17 C. THIRD PARTY BENEFICIARY 17 D. CONTRACTING FOR SERVICES (BIDDING) 17 E. ASSIGNMENTS 17 F. COMPLIANCE WITH ALL LAWS 17 G. KICKBACKS 17 H. AUDITS AND INSPECTIONS 17 I. PERFORMANCE REPORTING 18 J. COMPENSATION 18 K. TERMINATION 19 L. WAIVER 20 M. PROPERTY RIGHTS 20 N. SUSTAINABLE PRODUCTS 21 O. RECOVERY OF PAYMENTS TO RECIPIENT 21 P. PROJECT APPROVAL 21 Q. DISPUTES 21 R. CONFLICT OF INTEREST 21 S. INDEMNIFICATION 22 T. GOVERNING LAW 22 U. SEVERABILITY 22 V. PRECEDENCE 22 W. SUSPENSION 22 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 3 2013-15 MUNICIPAL STORMWATER CAPACITY GRANT PROGRAM Grant Agreement Between The State of Washington Department of Ecology And City of Kent THIS is a binding agreement entered into, by, and between the state of Washington Department of Ecology (DEPARTMENT), and the City of Kent (RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT to carry out the requirements described herein. PART I. GENERAL INFORMATION Project Title: 2013-15 Municipal Stormwater Capacity Grant Program State Fiscal Year: FY2014 Grant Number: G1400254 RECIPIENT Name: City of Kent Mailing Address: 400 W Gowe St, Kent, WA 98032 RECIPIENT Federal ID Number: 91-6001254 Total Eligible Cost: ($50,000 AND $120,000): $170,000 DEPARTMENT Funding Sources: ELSA - Operating: $50,000 ELSA - Capital Budget Provision: $120,000 DEPARTMENT Share: $170,000 DEPARTMENT Maximum Percentage: 100% Effective Date Of This Grant Is: July 1, 2013 Any work performed prior to the effective date of this agreement is not eligible for reimbursement. This Grant Agreement Expires On: January 31, 2015 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 4 RECIPIENT Contact: Shawn Gilbertson Telephone Number: 253-856-5560 E-Mail Address: smgilbertson@kentwa.gov RECIPIENT Billing Contact: Shawn Gilbertson Telephone Number: 253-856-5560 E-Mail Address: smgilbertson@kentwa.gov DEPARTMENT Project/Financial Manager: Kyle Graunke Mailing Address Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Telephone Number: 360-407-6452 Fax Number: 360-407-7151 E-Mail Address: Kyle.Graunke@ecy.wa.gov Designated Local Government Partners (if applicable): PART II. PERFORMANCE MEASURES A. Water Quality Goal Improved stormwater oversight and water quality protection through the direct development and implementation of a comprehensive stormwater management program. B. Project Outcomes Implementation of Phase I and II municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits. PART III. PROJECT DESCRIPTION RECIPIENT will address implementation or management of municipal stormwater programs. Additionally, the RECIPIENT’s project will include project specific planning and design for a retrofit project which includes low-impact development techniques. 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 5 PART IV. PROJECT BUDGET Municipal Stormwater Capacity Grants Program, FY2014 Elements/Objects TOTAL ELIGIBLE COST (TEC)* Task 1 – Project Administration/Management (limited to $5,000 ELSA Operating Funds) $5,000 Task 2 – Implementation And Management Of Stormwater Program $45,000 Task 3 – Pre-Construction Planning And Design (limited to $120,000 ELSA Capital Budget Provisions) $120,000 Total (limited to $170,000 per RECIPIENT partner) $170,000 *The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost. MATCHING REQUIREMENTS (There are no matching requirements) DEPARTMENT Share FY 2014 (100% of TEC) $170,000 PART V. SCOPE OF WORK RECIPIENT will ensure that this project is completed according to the details of this agreement. The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project related work. Task 1 - Project Administration/Management A. RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 6 permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. RECIPIENT will manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. RECIPIENT will maintain effective communication with the DEPARTMENT, RECIPIENT's designees; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT will carry out this project in accordance with any completion dates outlined in this agreement. C. RECIPIENT will submit all invoice voucher submittals and supportive documentation to the DEPARTMENT’s Project/Financial Manager. D. If work conducted results in a report, the RECIPIENT will submit the following to the DEPARTMENT’s Project/Financial Manager and in the quantities identified:  Draft project completion report – one electronic copy  Final project completion report – one paper copy, one electronic copy RECIPIENT will submit two copies of any document(s) which requires DEPARTMENT approval. Once approval is given, one copy will be returned to the RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of submittals should be adjusted accordingly. Task 2 – Implementation of Stormwater Planning and Management Needs A. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT must ensure funds are used to attain compliance where applicable. B. RECIPIENT may conduct work related to implementation of additional activities required by the municipal stormwater NPDES permits. The following is a list of elements RECIPIENT’s project may include. 1) Public education and outreach activities, including stewardship activities. 2) Public involvement and participation activities. 3) Illicit discharge detection and elimination (IDDE) program activities, including: a) Mapping or geographic information systems of municipal separate storm sewer systems (MS4s). b) Staff training. c) Activities to identify and remove illicit stormwater discharges. d) Field screening procedures. e) Complaint hotline database or tracking system improvements. 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 7 4) Activities to support programs to control runoff from new development, redevelopment, and construction sites, including: a) Development of an ordinance and associated technical manual or update of applicable codes. b) Inspections before, during, and upon completion of construction, or for post- construction long-term maintenance. c) Training for plan review and/or inspection staff. d) Participation in applicable watershed planning effort. 5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as: a) Inspecting and/or maintaining the MS4 infrastructure. b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities. 6) Annual reporting activities. 7) Establishing and refining stormwater utilities, including stable rate structures. 8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior to awarding funding for monitoring. Monitoring, including: a) Development of applicable QAPPs. b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements. 9) Structural stormwater controls program activities (Phase I permit requirement) 10) Source control for existing development (Phase I permit requirement), including: a) Inventory and inspection program. b) Technical assistance and enforcement. c) Staff training. 11) Equipment purchases that result directly in improved compliance with permit requirements. Allowed costs for equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than general use (such as a general use pick-up truck). Qualified equipment purchases include but are not limited to: a) Illicit discharge testing equipment and materials. b) Vactor truck or sweeper truck or MS4 maintenance activities. c) Electronic devices dedicated to mapping of MS4 facilities and attributes. d) Software dedicated to tracking permit implementation activities. Task 3 – Preconstruction Planning and Design A. Project Summary. RECIPIENT will submit to the DEPARTMENT’s Project Manager for review and acceptance and no later than October 1, 2013, an initial one to two page 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 8 Project Summary. The Project Summary will include a description of the proposed project identifying: 1) the area where the proposed project is to be installed or constructed (including maps), 2) the stormwater best management practice(s) to be designed, 3) the name of the appropriate design manual planned for use in the final design (see item D), and 4) the water quality issue mitigated by the proposed project. The DEPARTMENT will provide comments to the RECIPIENT within 14 calendar days of receipt of the Project Summary. The DEPARTMENT’s Project Manager will work with the DEPARTMENT’s engineer to review the Project Summary for consistency with the appropriate design criteria and grant requirements. Detailed calculations and/or drawings are not required at this time. B. Pre-Design Report. RECIPIENT will submit two hard copies and one digital copy of the Pre-design report to the DEPARTMENT’s Project Manager for review and acceptance. The DEPARTMENT’s Project Manager will work with the DEPARTMENT’s engineer to review the Project Summary for consistency with the appropriate design criteria and grant requirements. Detailed calculations and/or drawings are required in the Pre-design Report. The DEPARTMENT will provide comments to the RECIPIENT within 45 days of receipt of the plans. C. 90 Percent Design Plans. RECIPIENT will submit two hard copies and one digital copy of the 90 percent design plans to the DEPARTMENT's Project Manager for review and acceptance. The DEPARTMENT will provide comments to the RECIPIENT within 45 days of receipt of the plans. The DEPARTMENT’s Project Manager will work with the DEPARTMENT’s engineer to review the plans and specifications for consistency with the appropriate design criteria and grant requirements. D. For above items A-C, the RECIPIENT must justify significant deviations from the following: 1) The appropriate guidance manual below depends on the region that your project is conducted:  2005 or 2012 Stormwater Management Manual for Western Washington (SWMMWW), (the appropriate manual depends on the requirements of the jurisdiction) or  2004 Stormwater Management Manual for Eastern Washington (SWMMEW), both can be found at: http://www.ecy.wa.gov/programs/wq/stormwater/tech.html, or  Low Impact Development Technical Guidance Manual for Puget Sound found at: http://www.psp.wa.gov/downloads/LID/20121221_LIDmanual_FINAL_secure.pdf, or  Equivalent design manuals, Eastern Washington Low Impact Development Manual. 2) Equivalent manual as developed by the local jurisdiction and approved by the DEPARTMENT. 3) Good engineering practices and generally recognized engineering standards. E. SEPA. If applicable, the RECIPIENT will submit to the DEPARTMENT’s Project Manager, a copy of the State Environmental Review Act (SEPA) Lead Agency’s signed and dated SEPA determination. 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 9 F. DAHP EZ-1. If applicable, the RECIPIENT will submit to the DEPARTMENT’s Project Manager a Department of Archaeology and Historic Preservation (DAHP) EZ-1 form to initiate review of project activities by DAHP and tribal governments. G. RECIPIENT will submit all pre-design figures and construction plans to the DEPARTMENT, reduced to 11" x 17" in size. The RECIPIENT may bind them with the specifications or related construction contract documents or bind as a separate document. All reduced drawings must be legible. H. Summary of Deliverables: 1. Submit a Project Summary including maps, no later than October 1, 2013, for review and acceptance of the proposed design project. 2. Submit a Pre-design report to the DEPARTMENT, no later than January 31, 2014 for review and acceptance. 3. Submit 90 percent design plans to the DEPARTMENT, no later than August 1, 2014 for review and acceptance. 4. If applicable, submit a copy of the signed and dated SEPA determination to the DEPARTMENT. 5. If applicable, submit a copy of the DAHP EZ-1 form, for DEPARTMENT coordination on compliance with Executive Order 05-05. PART VI. SPECIAL TERMS AND CONDITIONS None PART VII. ALL WRITINGS CONTAINED HEREIN The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein:  This agreement.  Attachment I: General Project Management Requirements for the Municipal Stormwater Capacity Grants Program.  Attachment II: General Terms and Conditions.  The effective edition, at the signing of this agreement, of the DEPARTMENT's “Administrative Requirements for Recipients of Ecology Grants and Loans.”  The associated funding guidelines that correspond to the fiscal year in which the project is funded.  The applicable federal and state statutes and regulations. No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and made a part of this agreement, except that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 10 The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. The signatories to this Agreement represent that they have the authority to execute this Agreement. IN WITNESS WHEREOF, the parties sign this grant agreement: STATE OF WASHINGTON CITY OF KENT DEPARTMENT OF ECOLOGY _____________________________________ ____________________________________ KELLY SUSEWIND, P.E., P.G. DATE SUZETTE COOKE DATE WATER QUALITY PROGRAM MANAGER MAYOR Approved As To Form Only Assistant Attorney General 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 11 ATTACHMENT I: General Project Management Requirements For 2013-15 Municipal Stormwater Capacity Grants Program Funding Agreement A. ARCHEOLOGICAL AND CULTURAL RESOURCES RECIPIENT must comply with all requirements listed in Executive Order 05-05 prior to implementing any project that involves soil disturbing activity. RECIPIENT must conduct and submit a cultural resources survey or complete and submit an EZ-1 Form to the DEPARTMENT’s project manager prior to any soil disturbing activities. The DEPARTMENT will contact the Department of Archaeology and Historic Preservation (DAHP) and affected tribes regarding the proposed project activities in order to meet Executive Order 05-05 requirements. Any prior communication between the RECIPIENT, the DAHP, and the tribes is not sufficient to meet requirements. Any mitigation measures as an outcome of this process will be requirements of this agreement. Any soil disturbing activities that occur prior to the completion of the Executive Order 05- 05 process will not be eligible for reimbursement. Activities associated with cultural resources review are grant eligible and reimbursable. The Department of Archaeology and Historic Preservation has provided guidance that can be accessed online at: http://www.dahp.wa.gov/pages/Documents/EnvironmentalReview.htm and http://www.dahp.wa.gov/pages/EnvironmentalReview/documents/eo0505Guidance_000.pdf. B. EDUCATION AND OUTREACH RECIPIENT must do a regional search for existing materials before producing any new educational flyers or pamphlets. The RECIPIENT must request the use of those materials before time and resources are invested to duplicate materials that are already available. RECIPIENT must also check the Washington Waters website http://www.ecy.wa.gov/washington_waters/index.html for useful educational materials. These materials are available for public use and can be downloaded directly from the website. RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy on a CD-ROM of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, and media announcements or gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT must provide a complete description including drawings, photographs, or printouts of the product. RECIPIENT must also supply the DEPARTMENT with the names and contact information of local project leads. 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 12 If there are a significant number of people in the community that speak languages other than English, then the RECIPIENT must produce all public outreach materials, pamphlets, fliers, meeting notices, reports, and other educational materials in English and in the other prevalent language. C. EQUIPMENT PURCHASE RECIPIENT must get written, prior approval from the DEPARTMENT for any equipment purchase. D. FUNDING RECOGNITION RECIPIENT must inform the public about DEPARTMENT funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from the DEPARTMENT upon request. E. INCREASED OVERSIGHT If this project is selected for increased oversight, the RECIPIENT must submit all backup documentation with each payment request submittal. In addition, the DEPARTMENT’s Project Manager must establish a schedule for additional site visits to provide technical assistance to the RECIPIENT and verify progress or payment information. F. INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employees’ direct salary and benefit costs incurred while conducting project-related work. The DEPARTMENT’s Financial Manager may require a list of items included in the indirect rate at any time. G. MINORITY AND WOMEN'S BUSINESS PARTICIPATION RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 13 c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: a) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. b) The total dollar amount paid to qualified firms under this invoice. H. PAYMENT REQUEST SUBMITTALS Payment Request Submittals. The DEPARTMENT’s Project/Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Payment Schedule. Payments will be made on a cost-reimbursable basis. Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT’s Financial Manager. Supporting Documentation. The RECIPIENT must submit all payment request vouchers and supportive documentation to the DEPARTMENT’s Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. Reporting Eligible Costs. The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable. Copies of all applicable forms must be included with an original A19-1A, and must be submitted to the DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients of Ecology Grants and Loans at http://www.ecy.wa.gov/biblio/9118.html. Required Forms: Where Eligible Costs Have Incurred: Form A19-1A (original signature) Form E (ECY 060-12) Form B2 (ECY 060-7) Form F (ECY 060-13) Form C2 (ECY 060-9) Form G (ECY 060-14) Form D (ECY 060-11) Form H (F-21) Form I (ECY 060-15) 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 14 I. POST PROJECT ASSESSMENT RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project three years after project completion. DEPARTMENT’s Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. J. PROCUREMENT RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. Eligible and ineligible project costs are separate and identifiable for billing purposes. If professional services are contracted, the RECIPIENT will submit a copy of the final contract to the DEPARTMENT’s Project/Financial Manager. K. PROGRESS REPORTS RECIPIENT must submit quarterly progress reports to the DEPARTMENT’s Financial Manager and Project Manager. Payment requests will not be processed without a progress report. Report Content. At a minimum, all progress reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. The RECIPIENT must also attach all landowner agreements signed during the respective quarter to each progress report. Reporting Periods. Quarterly progress reports are due 15 days following the end of the quarter:  January 1 through March 31  April 1 through June 30  July 1 through September 30  October 1 through December 31 L. REQUIRED DOCUMENT SUBMITTALS RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT’s Project Manager or Financial Manager:  Draft project completion report – 1 copy.  Electronic copy of final project completion report – 1 copy.  Final project completion report – 1 copy.  Educational products developed under this agreement – up to 2 copies. 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 15  Documents that require DEPARTMENT Approval – 2 copies (one for the DEPARTMENT and one for the RECIPIENT).  Interlocal agreements – 1 copy for the DEPARTMENT’s Project/Financial Manager.  Professional services procurement agreements – 1 copy to the DEPARTMENT’s Project/Financial Manager. M. SPECIAL CONDITION FOR SNOHOMISH COUNTY AND KING COUNTY For either Snohomish County or King County: When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein will be contingent upon appropriation of funds by the RECIPIENT's governing body; provided that nothing contained herein will preclude the DEPARTMENT from demanding repayment of funds paid to the RECIPIENT in accordance with Section O of the appended General Terms and Conditions. N. WATER QUALITY MONITORING Quality Assurance Project Plan (QAPP). Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow Ecology’s Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03- 003). The applicant may also reference the Technical Guidance for Assessing the Quality of Aquatic Environments, revised February 1994 (Ecology Publication No. 91-78) or more current revision, in developing the QAPP. RECIPIENT must submit the QAPP to the DEPARTMENT’s project manager for review, comment, and must be approved before starting the environmental monitoring activities. RECIPIENT must use an environmental laboratory accredited by the DEPARTMENT to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the Department of Ecology’s Environmental Assessment Program’s website, available at: http://www.ecy.wa.gov/programs/eap/labs/search.html RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the “ten-year rule.” The ten-year rule means that data documentation is sufficient to allow an individual not directly familiar with the specific monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Monitoring Data Submittal / Environmental Information Management System. Funding recipients that collect water quality monitoring data must submit all data to the DEPARTMENT through the Environmental Information Management System (EIM). Data must be submitted by following instructions on the EIM website, currently available at: 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 16 http://www.ecy.wa.gov/eim The data submittal portion of the EIM website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal can be directed to the EIM Data Coordinator, currently available at: eim_data_coordinator@ecy.wa.gov If GIS data is collected, the DEPARTMENT’s data standards are encouraged. An Ecology Focus Sheet entitled GIS Data and Ecology Grants (Publication No. 98-1812-SEA) outlines the standards. Common standards must be used for infrastructure details, such as geographic names, Geographic Information System (GIS) coverage, list of methods, and reference tables. 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 17 ATTACHMENT II: General Terms And Conditions Pertaining To Grant And Loan Agreements Of The Department Of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement’s final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 18 All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT’S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for RECIPIENTS of Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 19 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.5. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 20 upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 21 N. SUSTAINABLE PRODUCTS In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see http://www.ecy.wa.gov/sustainability/. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 2013-15 Municipal Stormwater Capacity Grant Program State Of Washington, Department Of Ecology 22 S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (e) the General Terms and Conditions. W. SUSPENSION The obligation of DEPARTMENT to make payments is contingent on the availability of funds. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this agreement, DEPARTMENT may elect to renegotiate the agreement subject to new funding limitations and conditions or terminate the agreement, in whole or part. DEPARTMENT may also elect to suspend performance of the agreement until such time as DEPARTMENT determines that the funding insufficiency is resolved in lieu of terminating the agreement. DEPARTMENT will provide written notice to RECIPIENT if funding is not available. SS-010 Rev. 04/04 Agenda Item: Consent Calendar – 7M TO: City Council DATE: November 5, 2013 SUBJECT: 2013 Tax Levy for 2014 Budget – Set Hearing Date SUMMARY: This represents public hearing on the 2013 tax levy for the 2014 budget. Public input is welcome. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: None MOTION: Set November 19, 2013, as the public hearing date on the 2013 Tax Levy for the 2014 Budget at the regular City Council meeting. This page intentionally left blank. Agenda Item: Consent Calendar – 7N TO: City Council DATE: November 5, 2013 SUBJECT: Garrison Glen Final Plat - Approve SUMMARY: Staff recommends approval of the final plat mylar for Garrison Glen and authorization for the Mayor to sign the mylar. On January 19, 2006, the King County Hearing Examiner recommended approval, with conditions, to subdivide approximately 5.79 acres into 32 single-family residential lots. This subdivision was reviewed by King County and received preliminary approval prior to annexation into the city of Kent in June, 2010. The applicant requested, and the City approved, a minor plat amendment which has been incorporated into the attached conditions of approval. The applicant has complied with the conditions required prior to recording. Projects do not vest to procedures and fees, so the applicant will follow the city of Kent’s procedures for all subsequent permits and collection of fees. The property is located on Kent’s East Hill at 10311 Southeast 216th Street. EXHIBITS: a) Map; b) Conditions RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: None MOTION: Approve the final plat mylar for Garrison Glen and authorize the Mayor to sign the mylar. This page intentionally left blank. A PORTION OF THE .NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN CITY OF KENT, KING COUNTY, WASHINGTON WEST QUARTER CORNER SECTION 08 722N-R5E CITY OF KENT J7115 I FOUND 3' BRASS MONUMEW THE TEMPORARY CONSTRUCTION EISE'M O [HATCHED AREA) T BENEFIT W IN CONCRETE 7FE CRY OF KENT. THIS EN+4MENT TO BE E7(TW6U6HED AT SUCH'S �-.21A0' THAT THE CRYS 5.E 2167H STREET (2247N CORRIDOR) IMPRDVEA@NTS UND 1/B' BRASS PDST CENTEI SECRON 8 ARE COMPLETED. (SEE PUT NOTE i7 ON SHEET 3) W tUD SOWRE IN CONCRETE 1 T22N-R5E -- - -r- - - - NON41415V 1110,22' _ EL W CALCULATED POSIRON 797.61' I - - 31267' - - - NB641'15W 1430.22' 8 3' PNBUC SIDEWALK - -� - -- •- - - n G!I 1 I� OUIHWEST 01 CITY ON KE T CITY OF KENT FOUND CASED Lk1E TAB1E 181E / LFNGTIi BFJAINC LI 1837' S7TIW45E L2 533' N7RDT42'E L7 934' NB7'OB'55'E L4 11.W'. N8617'640E LS 11.RV NB617*S40E 1B 7.49' NWSWiVT L7 798' SBZD6'37T W 529' NBSOW12'E L9 "I' NB1'4B'46'E LID 12,23' N8B39'22T L71 9,31' N8339'22'E L12 1657' N8654'53'E L13 13.67' S8354'31'E L14 33.n' S6549'25'E LIS ISAY S3rSV20'E L16 248' S51'51'24'E L17 935' S6I41'277 LIB 3.07' S51'21'75E US 6.72' S6655'46'E BEt 0w UNPUTTEp APN DBZWS-9163 21, 1 21' S. LINE.N 1125'-- FOUND 1/2' R 2 ON � .,. 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W 4200 SO, FT. o o d i 8 29 0: .;8/5 SQ FL 0 m nA97I SQ fE_n iW^ - Y i z 10'%10' 'lCg_ NB648'54W 78.05' \ 111E - 10>_UE b. 24.17' W110' 5250' 40.W' 6502' w J �v 26' WtE 26 g pAR1� 456' 5.44' \F. 400H SO FE^ 'o^ W NL£N BA 8. _ 58840'287 246.05' _ `" MOUE 6T. eT'" _ ` 40.67' B.E. 217TH STREET a•WyJ Apt- LOT 4 (PUBLIC Af1R-OF'-wo f0UN0 1/2' REBAR/GAP I j VEA 19622' z UNPLATTED APN D8zPA5-e1 Da 21' 193 Mf 50.00' SO.W' ]9.19' sae Re`Fi� <�' m S S 13� -. 9� so IT, im 10 p 11 p 12 N1131 SO. f(. Int _ 4,C07 50. Fr, ^ 1,000 SO. FE ry 0 SW40'2B'E 73,13' 1 _ 6 _ IR m 46.00' 5DOD' W.W' 14 wt. 58640'28'E SBF40'28'E S8B40'211t 4715 Sa fl. of ml m S88'40'28'E 73.14' I 17 m 16 �j47D 5O Fr, F 040 SQ FE �4JN0 SO. FT. J I q � $ 15 H ( •_ � .1ni sa Fr. P dT. to 3 to' UE 1 07' _______ SOAO' ________ 1_ tDX1D'wTE e� TRACT ,( fo UE UNPLA77ED PRUME 9N7♦Fs APN 082205-9177 '� PUBLIC 7RiCf 479 SQ FT. TRACT A A PUBIC SEVEN DRAIAGE TRACT 19,075 M F7. _ l4 APN 000240-OWS _ � Po4AM Soon \'\ ry,( AREA TRACT '@ L19- S 18.74�SRFTi. 5 �. FOUND 1' IRON PIPE V �� SLOPE / j,' 15 SDE ' REC. NO. 5D 2781267 ( I VNPUTTFD I VNPLATTEp ( or NA p STATE OP WASlIWGfON STATE of O'T' NGTVN I DEPT, O NATURAL OO.T. � I RESOURCES I I I i - N -1 25 S � ban sM Fr. (NB648'S4W 74.19' --------- 27' LW ' I 24 tl - 41 Alai Sa FT. L ^INW4854 NOD LOT B, a 2 9: l 23 1C WEINER SENSE FFSEND7T Pn •' I- Jt 97 So Fr, - 1IMM 2001012600n48 22 0 25 50 100 J,639 SD. if o �, SCALE: 1^•60' �r .•• m ," SU. if ,$ 1,86'i SIL FT. o AR/CAP 32517 c �7R71�CN7\/. 33X. 'OEA 19622� 6.1'N // o S m 50. FF, '� 16 C NBBJ9'17W $ 90.005 •p�'I L•'70.W 1 // 6-4='w 39'i7W WOO' 0' L'47AX //LEGEND: S. LANE NEt/4, NW1/4. SWt/4 - B FOUND AS NOTED UNPLATTED • CRY OF KENT STANDARD ROAD MONUMENT APN 600240-OW7 70 BE SET AS CONSTRUCTION 6 COMPLETED OO SET REAR/CAP *BCE 46315' UPON THE S.E, 216TH STREET RECORDING OF THIS PUT WLE UE PUBLIC UTILITY E/SEMENF (SEE 'EASEMENTS AND RESERVA11OW, SH 3) A•16J 1,04, 5,44t 14W PSOE PRIVATE SIDRM DRAINAGE EASEMENT L•11.04' R016 SEE NDTE 10, SHEET 3 H 4'74'41'E ( ) 6.1515'21' 10.W' 1 WLE PUBLIC WATERLINE EASEMENT L•9.05' S8845'197 (SEE NDTE 11, SHEET 3) 0 = 10.W SOE PUBLIC STORM DRAINAGE EASEMENT W 2 Z (SEE NDTE 12, SHEET 3) CM Do TRo D G > PIWATE 11GRt15/D78s SSE PUBLIC SANITARY SEWER EASEMENT Q d UIUIY 7 JOT (SEE NOTE 73, SHEET 3) WLE DETAIL JOB N0. ISB97 Consulting Engineers, Inc. Civil Engineering, tnid Plowing. SDrveAing, EmironmenlDi Service 18215 72nd Avenlrc SDulh Kent WA 98032 Tdephbnc (425) 25t-6221 fDv: (425) ZSt-8782 �NWi/4 OF 5W1/4 OF SEC. 8, T22N-R5E, W.M. � SHEET 4 OF 4 0 January 19, 2006 ®FFICE OF THE FEARING EXAMINER DING COUNTY, WASFINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 2964660 Facsimile (206) 296-1654 REPORT AND DECISION SUBJECT: Department of Development and Environmental Services File No. L04P0006 Proposed Ordinance No. 2005-0511 GARRISON GLEN Preliminary Plat Application Location: 10311 Southeast 216th Street, Kent Applicants: Nigel &Annette Southey and Paulette Popie represented by Nigel Southey 13527 Southeast 250th Street Kent, Washington 98042 King County: Department of Development and Environmental Services, represented by Fereshteh Dehkordi 900 Oakesdale Avenue Southwest Renton, WA 98055 Telephone: (206} 296-7173 Facsimile: (206) 296-7051 SUMMARY OF DECISION/RECOMMENDATION: Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: Hearing Opened: Hearing Closed: Approve, subject to conditions Approve, subject to conditions Approve, subject to revised conditions January 19, 2006 January 19, 2006 Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the office of the King County Hearing Examiner. L04P0006 — Garrison Glen Page Z of 10 FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. General Information: Owner/Developer: Nigel and Annette Southey Paulette Popie 13527 Southeast 250"' Street Kent, WA 98042 Engineer: Jaeger Engineering 9419 South 2040i Place Kent, WA 98031 SA1�: Location: Zoning: Acreage: Number of Lots: Density: Lot Size: Proposed Use: Sewage Disposal Water Supply: Fire District: School District: SW '/4 8-22-OS 10311 Southeast 216' Street, Kent R-6 5.79 acres 321ots 6 dulacre typical 4000, square feet Residential City of Kent Soos Creek Water & Sewer District King County Fire District 37 Kent School District Complete Application Date: April 12, 2004 2. Except as modified herein, the facts set forth in the King County Land Use Services Division's preliminary report to the King County Hearing Examiner for the January 191 2006, public hearing are found to be correct and are incorporated herein by reference. The LUSD staff recommends approval of the application, subject to conditions. At the public hearing the staff report was corrected to show the proper complete application date as April 12, 2004' and to indicate that no SEPA threshold determination appeal had been filed. 3. Nigel Southey has filed a preliminary plat application to subdivide 5.79 acres into 32 lots for single-family residential development. The property is located in the R-6 zone south of Southeast 216th Street, east of the City of Kent and west of SR-515. A road variance has been granted to reduce the required intersection spacing for the site access road along the plat's western boundary, and a surface water adjustment has been approved to consolidate on -site flows and divert them to a drainage tract at the plat's southern end. According to staff, the reduction of intersection spacing authorized under the road variance does not raise any sight distance concerns. I,04P0006 — Garrison Glen Page 3 of 10 4. An adjacent property owner to the west, Stanley Boden, testified as to the current existence of nuisance sheet flow discharges from the plat property onto his parcel. Collection of surface water flows within the plat road system and their diversion south to the drainage tract will alleviate these problems. The Applicant also agreed to support Mr. Boden's request that his driveway cut to the proposed site access road be maintained at its current width, an action which may require a minor road variance. The Applicant has agreed to pursue such variance if it is required and the plat conditions have been modified to reflect this agreement. CONCLUSIONS: _ 1. __ _ __If approved subjectto the..conditions..imposedbelow,.the_proposed subdivision_makes appropriate provision for the public health, safety and welfare; serves the public use and interest; and meets the requirements of RCW 58.17.1100 Z. The conditions of approval imposed herein, including dedications and easements, will provide improvements that promote legitimate public purposes, are necessary to serve the subdivision and are proportional to its impacts; are required to make the proposed plat reasonably compatible with the environment; and will carry out applicable state laws and regulations and the laws, policies and objectives of King County. DECISION: The preliminary plat application for Garrison Glen, as revised as received on August 26, 2005, is APPROVED, subject to the following conditions of final plat approval: 1. Compliance with all platting provisions of Title 19 of the King County Code, including a note that "the horizontal datum shall be tied to the North American datum of 1983/91". 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. 3. The plat shall comply with the base density (and minimum density) requirements of the R-6 zone classification. All lots shall meet the minimum dimensional requirements of the R-6 zone classification and shall be generally as shown on the face of the approved preliminary plat, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. It should be noted that the PSE gas and utility easement may need to be relocated in order to allow for larger buildable areas on the affected lots. The proposed Lot 19 shall include a 1546ot wide access easement for the benefit of Tax Lot 207. 4. The gas and electric easement recorded under recording No 9001220507 and 9012120354 shall be relocated to avoid conflict with future constructions on lots 1, 4, 5, 7, 10, 11-12 and 16. This L04P0006 — Garrison Glen Page 4 of 10 shall be done prior to the final plat submittal. The approved Engineering plans shall show the new location of the gas and utility easement. 5. The access easements under recording numbers 9104100550 and 9210303063 shall be relinquished by recording a relinquishing document signed by all beneficiaries, unless otherwise approved by King County DDES reviewing staff. The existing driveway cut along the western boundary of the plat from the subdivision access road to tax lot 022 shall be retained to the maximum extent feasible. If required, the Applicant shall request a road variance to maintain the existing driveway width. 6. The applicant must obtain the approval of the King County Fire Protection Engineer certifying the adequacy of the fire hydrant, water main, and fire flow to meet the standards of Chapter 17.08 of the King County Code. Some of the lots may have to be sprinklered. If sprinklers are required for some of the lots, a note to this effect shall be placed on all recorded plans. 7. Final plat approval shall require full compliance with drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. The following conditions represent portions of the Code. Requirements shall apply to all plats. A. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. B. Current standard plan notes and ESC notes, as established by DDES Engineering Review, shall be shown on the engineering plans. C. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." D. The following conditions specifically address drainage issues for this particular plat: (1) The stonnwater detention facility shall be designed at a minimum to the Level 2 Flow Control and Basic Water Quality requirements in the 1998 King County Surface Water Design Manual (KCSWDM). (2) A surface water adjustment (L04V0097) is approved for this subdivision. All conditions of approval for this adjustment shall be met prior to engineering plan approval. L04P0006 — Garrison Glen Page 5 of 10 (3) A drainage tightline and H.D.P.E. pipeline is required from the proposed stormwater facility, down the steep slopes to the existing City of Kent Garrison Creek detention facility. This pipeline design shall be included with the engineering plan submittal. Plan approval from the City of Kent is required for the portion of the tightline and outfall into the Garrison Creek facility. (4) The applicant's geotechnical engineer shall provide recommendations for the design and construction of the drainage detention facility, facility access road, and H.D.P.E. pipeline. The geotecbnical recommendations shall be included in the T.I.R. and incorporated into the design with submittal of the engineering plans. Specialgeotechnical construction inspection of the drainage detention facility, facility access road and H.D.P.E pipeline is required to ensure compliance with the geotechnical recommendations. Inspection reports shall be submitted to the assigned Land Use Inspector during the construction phases of those facilities. A final construction report shall be submitted verifying compliance with the geotechnical recommendations. 8. The following road improvements are required for this subdivision to be constructed according to the 1993 King County Road Standards. A. FRONTAGE: The frontage along SE 216`'' Street(south side) shall be improved to the urban collector arterial standard. B. The internal access road from SE 216°i Street to the internal loop road shall be designed to the urban subcollector road standard, with sidewalk on the east side only. 42 feet of R/W shall be dedicated for this improvement. Note that it is intended that the west sidewalk be constructed if the westerly adjoining parcels are developed. C. The internal loop road shall be improved at a minimum to the urban subaccess street standard. D. Tract C shall be a minimum 26 feet wide and improved as a private access tract per Section 2.09 of the KCRS. This tract shall be owned and maintained by the lot owners served. Notes to this effect shall be shown on the engineering plans and on the final plat map. E. Tract D shall be a minimum 20 feet wide and improved as joint use driveways per Section 3.01 of the KCRS. This tract shall be owned and maintained by the lot owners served. Notes to this effect shall be shown on the engineering plans and on the final plat map. F Modifications to the above road conditions maybe considered according to the variance provisions in Section 1.08 of the KCRS. G. Road Variance L04V0098 is approved for this project. All conditions of approval for this variance shall be met prior to approval of the engineering plans. IA4P0006 —Garrison Glen 9. 10 Page 6 of l0 H. There shall be no direct vehicular access to or from SE 216"' Street from those lots which abut it. A note to this effect shall appear on the engineering plans and final plat. All utilities within proposed rights -of --way must be included within a franchise approved by the King County Council prior to final plat recording. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid:" If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 1 1. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. 12. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 21A.24. Permanent survey markings and signs as specified in KCC 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until alI construction activities are completed. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the applicant. A. The proposed 30-foot setback from the top of the slope and the 30-foot building setback line (BSBL) from the buffer is acceptable as shown. Any deviation from this must be reviewed and approved by the DDES geologist prior to the engineering plan approval. The steep slope area and its associated buffer shall be placed within a Sensitive Area Tract (SAT). B. The following note shall be shown on the final engineering plan and recorded plat: _. RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tractJsensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, L04P0006 — Garrison Glen Page 7 of 10 including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. C. No building foundations are allowed beyond the required 30-foot building setback line, unless otherwise provided by law. 13. The proposed recreation tract (Tract B) is consistent with the requirements of KCC 21A.14.180. The recreation tract shall be improved as follows: A. A detailed recreation space plan (i.e., landscape specs per KCC 21A.16, equipment specs, finished grade, fencing, etc.) consistent with KCC 21A.14.190 (i.e., sport court[s]) children's play equipment, picnic table[s], benches, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of the engineering plans. The recreation plan shall be approved prior the final plat approval. B. A performance bond for recreation space improvements shall be posted prior to recording of the plat. 14. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation tract and the Sensitive Area Tract 15. Street trees shall be provided as follows: A.. Trees shall be planted at a rate of one tree for every 40 feet of frontage along SE 216`� Street and all interior roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. L04P0006 — Garrison Glen Page 8 of IV B. Trees shall be located within the street right -of --way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. D. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. This shall be noted on the face of the final recorded plat. E. The species of trees shall be approved by DDES if located within the right -of --way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. F. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. G. The applicant shall contact Metro Service Planning at 684-1622 to determine if SE 216�' Street is on a bus route. If it is a bus route, the street tree plan shall also be reviewed by Metro. H. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. A landscape inspection fee shall also be submitted prior to plat recording. T'he inspection fee is subject to change based on the current County fees. ORDERED this 19th day of January, 2006. King County Hearin Examiner L04P0006 — Garrison Glen Page 9 of 10 TRANSMITTED this 19th day of January, 2006, to the parties and interested persons of record: Bob &Mary Allen 21331 - 103rd Pl. SE Kent WA 98031 Barry &Renee Ford 21905 - 105th Ave. SE Kent WA 98031 River..of Life_Fellowship__ 10410 SE 216th Kent WA 98031 Jill Shilling 10807 Tempo Lk. Dr. SE Olympia WA 98513 Kim Clausen DDES/LUSD MS OAK-1)E-0100 Nick Gillen DDES/LUSD MS OAK-DE-0100 Steve Townsend DDES/LUSD MS OAK-DE-0100 Stan & Irene Boden an Colasurdo 21627 - 102nd Place SE 10020 SE 216th Kent WA 98031 Kent WA 98031 James J. Jaeger Nancy Polke Jaeger Engineering 10220 SE 216th St. 9419 S. 204th Pl. Kent WA 98031 Kent WA 98031 G. Phil_Sargent Seattle KC Health Dept. Dryco Surveying, Inc. E. Dist. Environ. Health 12714 Valley Ave. E. 14350 SE Eastgate Way Sumner WA 98390 Bellevue WA 98007 Mr. &Mrs. David SIasor Nigel Southey 21369 - 103rd Place SE 13527 SE 250th St. Kent WA 98031 Kent WA 98042 Fereshteh Dehkordi Lisa Dinsmore DDES/LUSD DDES/LUSD MS OAK-DE-0100 MS OAK-DE-0100 Kristen Langley Carol Rogers DDES/LUSD DDES/LUSD MS OAK-D&0100 MS OAK-DE-0100 Larry West Bruce Whittaker DDES/LUSD DDES/LUSD MS OAK-DE-0100 MS OAK-DE-0100 In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of $250.00 (check payable to King County Office of Finance) on or before February February 2, 2006. If a notice of appeal is filed, the original and six (6) copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before February 9, 2006. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office of the Clerk of the Council, Room 1025, King County Courthouse, 516 3rd Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. LA4P0006 — Garrison Glen Page Vol I0 If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the Council. MINUTES OF THE JANUARY 19, 2006, PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L04P00060 Stafford L. Smith was the Hearing Examiner in this matter. Participating in the hearing were Fereshteh Dehkordi, Bruce Whittaker and Kristen Langley representing the Department; Nigel Southey and James Jaeger representing the Appellant; and Stanley Boden. The following Exhibits were offered and entered into the record: Exhibit No. 1 Department of Development and Environmental Services File No. L04S0006 Exhibit No. 2 Department of Development and Environmental Services Preliminary report, dated January 19, 2006 Exhibit No. 3 Application for Land Use Permits received April 12, 2004 Exhibit No. 4 Environmental Checklist received April 12, 2004 Exhibit No. 5 SEPA Determination of Non -significance issued December 2, 2005 Exhibit No. 6 Affidavit of Posting indicating a posting date of May 24, 2004; received by DDES on May 25, 2004 Exhibit No. 7 Revised site plan received August 26, 2005 Exhibit No. 8 Revised Conceptual Drainage Plan received June 10, 2005 Exhibit No. 9 Assessor's maps (2) NW and SW 08-22-05 Exhibit No. 10 Land use map Exhibit No. 11 Level 1 Drainage Analysis by Chris Brown & Assoc., revised August 25, 2005 Exhibit No. 12 Traffic Impact Analysis dated February 15, 2005 Exhibit No. 13 Geotechnical report by Bergquist Engineering Services dated March 29, 2005 Exhibit No. 14 Certificate of Transportation Concurrency dated April 16, 2003 Exhibit No. 15 Road Variance Decision dated January 6, 2005, KC File No. L04VO098 Exhibit No. 16 SWDM Variance Adjustment dated December 22, 2005, KC File L04VO097 Exhibit No. 17 Photographs (color copies on 8 sheets) provided by Stanley Boden SLS:ms L04P0006 RPT i (CONOMIC ►. CCOMMUNITYIwo : i. t. O jr; .-i "n Ben PLANNING -• Satterstr6m,Director Charlene Anderson,Manager • i • i • 6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 GARRISON GLEN PRELIMINARY PLAT MINOR PLAT ALTERATION (#PTA-2013-1/KIVA #2130192) APPLICANT: Ali Sadr Barghausen Consulting Engineers 18215 72" d Ave S Kent, WA 98032 REQUEST: PLANNER: The applicant proposes to alter the previously approved Garrison Glen Subdivision by dividing the recreation space into two separate areas, along with minor configuration changes to Lots 19-32. Katie Graves A. The Garrison Glen Preliminary Plat L04P0006 was approved by the King County Hearing Examiner on January 19, 2006. This approval is for the subdivision of 5.79 acres into 32 residential lots. The Garrison Glen Preliminary Plat has not yet been recorded with the King County Assessor's office. B. Garrison Glen Preliminary Plat is located on Kent's east hill at 10311 SE 216th Street, and is identified as King County tax parcel numbers 0822053259 and 0822059260. C. The property was annexed into the City of Kent from King County as part of the Panther Lake Annexation effective July 1, 2010. While this preliminary. plat is vested to King County codes, the City of Kent is responsible for reviewing plat alterations. D. The site is zoned SR-6, Single Family Residential, The City of Kent Comprehensive Plan Land Use Map designates the site as Single Family Residential, SF-61 six units per acre. Administrative Review Decision Garrison Glen Minor Plat Alteration PTA-2013-1, KIVA #2130192 E. The proposed alteration seeks to divide the recreation space into two separate tracts, Tracts B and G, in order to maintain appropriate easement width for the existing sanitary sewer system and provide wider access to the existing property to the south, shown as proposed Tract H. F. The proposed modification also results in minor changes as follows: Minor configuration of lots 19-31 to accommodate the shift in recreation space. - Lots 21-31 are relabeled. Original lot 21 will become recreation tract "G". Lot 21 will be relocated west of recreation tract "B" and relabeled as Lot 31. Per the original conditions of approval, Lot 32 is restricted from accessing off of SE 216th St, so a new Tract F, a new private access tract, was created to provide access to Lot 32, Lot 6 will also access from Tract F, instead of as a flag lot. Lots 32 and 6 will be slightly reconfigured to accommodate this change in access. G. King County Code, 21A.14.i80 regulates on -site recreation space for plats and short plats. 21A.14.180.C.6 requires recreation space to "be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities." Based on conversations with King County staff and information provided by the application, Kent Planning Services determined dividing the recreation space meets the above requirement, by providing separate recreation areas for different age groups. Recreation Tract B will be developed as a play field and basketball court. Recreation Tract G will be developed as a tot lot with associated lawn area. In addition, the proposed combined area of the recreation spaces exceeds the original Tract B area by 468 square feet. H. As recommended by Kent Parks Department, the proposed tot lot area has a use zone of at least 1,250 square feet (1,330 square feet provided), and the tot lot equipment contains nine activities. I. The proposed recreation tracts meet the requirements for on -site recreation space outlined in 21A.14.180 King County Code, which address recreation space location, grade, size, and dimensions. J. Pursuant to Kent City Code Section 12.04.227(B), the Planning Director has the authority to determine whether a plat alteration constitutes a minor or major plat alteration. The Planning Director has determined that this request constitutes a minor plat alteration, which is approved administratively, without a public hearing. Page 2 of 3 Administrative Review Decision Garrison Glen Minor Plat Alteration PTA-2013-1, KIVA #2130192 K. Infrastructure is available to serve the site as proposed. Requirements for infrastructure improvements were established for the property through preliminary plat approval. The required improvements to the local road, water, sanitary sewer and stormwater systems, as well as other required infrastructure improvements, are adequate to mitigate the impacts of the proposed plat as previously approved, and as proposed to be altered. A. This proposal is considered a minor alteration and subject to the provisions of Kent City Code Section 12.04.227(B). The application has been reviewed by City staff accordingly. B. As proposed, the proposed lot reconfiguration is in the interest of the public and is consistent with the policies and standards of the City of Kent, and King County. C. The proposal is consistent with the type of land use allowed in the SR-6 zoning district and does not facilitate development of the property at more than the allowable density of 6.05 dwelling units per acre. As stated in the Findings, adequate infrastructure is available to serve the short plat as previously conditioned, and the proposal complies with the applicable City of Kent development standards. Based on the above Findings and Conclusions, City staff approves the Garrison Glen Preliminary Plat, PTA-2013-1, Minor .PIat.Alteration as shown on the plan stamped by the city on February 22, 2013. The conditions of Garrison Glen Plat, L04P0006, approved by the King County Hearing Examiner on January 19, 2006, will continue to apply. Approved this 28th day of May, 2013. 6 Charlene Anderson, AICP Planning Manager KG: bb:\S:\Permit\Plan\PLATALTERATIONS\20i3\2130i92_decision.doc Page 3 of 3 Agenda Item: Other Business – 8A TO: City Council DATE: November 5, 2013 SUBJECT: Mill Creek Neighborhood Historic District Nomination, Resolution – Adopt SUMMARY: Kent City Code Chapter 14.12 provides that a nomination for declaration of a historic landmark may only proceed through the nomination process with the King County/Kent Landmarks Commission if it first receives approval from the Kent City Council. The Mill Creek Historic District is a subarea of the larger Mill Creek Neighborhood. It is bounded by Clark Ave. N. to the west, Hazel Ave. N. to the east, Smith St. to the south, and a portion of Cedar St. to the north. The houses in Mill Creek reflect the history and the times of early Kent. The houses have sheltered many generations of Kent families including four past mayors and two past presidents, and the current president, of the Kent Historical Society. EXHIBITS: a) ECDC meeting agenda items from 10/14/13; b) Resolution RECOMMENDED BY: Economic and Community Development Committee BUDGET IMPACTS: None MOTION: Adopt Resolution No. , approving the nomination of the Mill Creek Historic District and authorizing the King County Historic Preservation Officer to process the nomination application pursuant to the Interlocal Agreement for Landmark Services to be paid for by the Mill Creek Neighborhood Council. This page intentionally left blank. Economic & Community Development Committee Agenda Councilmembers: Bill Boyce ● Deborah Ranniger ● Jamie Perry, Chair Unless otherwise noted, the Planning and Economic Development Committee meets the 2nd Monday of each month at 5:30 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information on the above item(s), the City of Kent’s Website can be accessed at http://kentwa.iqm2.com/citizens/Default.aspx?DepartmentID=1025 on Thursday, October 10, 2013 or contact Julie Pulliam, Pam Mottram or the respective project planner in the Planning Division at (253) 856-5454 or as indicated on the agenda. Any person requiring a disability accommodation should contact the City Clerk’s Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. AGENDA October 14, 2013 5:30 p.m. Item Description Action Speaker(s) Time Page 1. Approval of the Minutes of YES Jamie Perry 5 min 1 September 9, 2013 2. Right Size Parking Study NO Charlene Anderson 20 min 3 Informational Only and King County Project Team 3. Recognition of Pheasants Hollow YES Toni Azzola 10 min 11 Neighborhood Council - Resolution 4. Mill Creek Historic Neighborhood YES Toni Azzola 20 min 17 Designation Charlene Anderson 5. Downtown Subarea Action Plan (DSAP) YES Ben Wolters 25 min 49 And Related Code Amendments Fred Satterstrom Gloria Gould-Wessen 6. DSAP Planned Action/Community Meeting NO Gloria Gould-Wessen 25 min 833 Informational Only Lisa Grueter with Berk Consulting 7. Economic Development Report NO Ben Wolters 15 min 0 Informational Only 1 OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 October 14, 2013 TO: Chair Jamie Perry and Economic & Community Development Committee FROM: Toni Azzola, Neighborhood Program Coordinator SUBJ: Mill Creek Historic District, Application for Landmark Designation SUMMARY: In September, 2006, the City Council adopted a process for the nomination and designation of historic resources through an interlocal agreement with King County. The Mill Creek Neighborhood Council has nominated a portion of the Mill Creek Neighborhood for designation as an historic district. Pursuant to 14.12.080 Kent City Code, no historic resource may proceed through the nomination procedure until the Kent City Council has approved the historic resource for nomination. BUDGET IMPACT: None BACKGROUND: The proposed Mill Creek Historic District is a subarea of the larger Mill Creek Neighborhood. It is bounded by Clark Avenue North to the west, Hazel Avenue North to the east, Smith Street to the south, and a portion of Cedar Street to the north. In 2009, the Neighborhood Council Officers proposed to the City of Kent Neighborhood Grant Program a campaign to recognize the historic nature of homes in the neighborhood. The campaign included plaques which would identify the date of the homes and the original owners. The project also included creation of a book entitled “Mill Creek Neighborhood: A Community of Unique and Historic Homes.” The book contained old and new pictures of each house alongside brief vignettes about the many different people who had lived in the Neighborhood. The project was such a success that a second grant was awarded in 2011. This allowed for an extension of the plaque project and an update to the book. There are currently 77 homes participating in the project. MOTION: Recommend/Not Recommend to the Full City Council approval of the nomination of the Mill Creek Historic District, authorize the King County Historic Preservation Officer to process the nomination application pursuant to the Interlocal Agreement for Landmark Services to be paid for by the Mill Creek Neighborhood Council, and direct the City Attorney to prepare the necessary Resolution. 2 The first neighborhood plat in the Mill Creek Neighborhood was Clark’s First Addition in 1890, followed by Clark’s Second Addition in 1907. Some of the streets in the neighborhood are named after early settlers in the Kent Valley. Jason Avenue North is named after Jason S. Clark, and just west of this is Clark Avenue North, which is named for either the aforementioned Clark family or for the local photographer, L.W. Clark. Smith Street is named for Lysander Smith, and Alvord Ave North is named after Thomas Alvord. By the turn of the 19th century, Kent had all the elements of a thriving community: banks, schools, churches, stores, newspapers, and social organizations. As the community prospered, there was an increase in logging, truck farming, dairy production, and manufacturing, creating jobs for more people. Owners and workers at these companies began to buy property and build houses in the Mill Creek neighborhood, beginning in Clark’s First Addition. The neighborhood had the advantage of being close to the downtown business district so that homeowners could easily walk or take a horse and buggy to their place of business, worship, or other activity. A second advantage was that the neighborhood was just high enough to be out of the flood plain. The houses in Mill Creek reflect the history and the times of early Kent. Although Clark’s First Addition was platted in 1890, relatively few buildings were built during the decade that followed due to the poor economy. Once the economy improved, housing starts picked back up. Today, the neighborhood still proudly displays many houses from the first decade of the 20th century. Houses in the Mill Creek Neighborhood have sheltered many generations of Kent families including four past mayors and two past presidents, and the current president, of the Kent Historical Society. The Statement of Significance attached to this memo contains additional details about the proposed historic district. CA/pm S:\Permit\Plan\HISTORIC PRESERVATION\2013\Mill Creek Proposed Historic Neighborhood District Memo 10-14-13.docx Attach A-Statement of Significance, Attach B–Historic District Map, Attach C–Mill Creek Historic District Nbrhd Nomination Homes, Attach D–Proposed Rehabilitation Standards, Attach E–Mill Creek Neighborhood Historic District Initiative, Attach F-Frequently Asked Questions cc: Ben Wolters, ECD Director Fred Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Planning Manager 1 Statement of Significance The proposed Mill Creek Historic District (district) is significant under Criterion A3 of King County Code 20.62, and adopted by reference in Kent City Code chapter 14.12, as a well- preserved concentration of historic dwellings that reflect the growth and development of the city during the first half of the 20th century. The first neighborhood plat was Clark’s First Addition in 1890, followed by Clark’s Second Addition in 1907. Some of the streets in the neighborhood are named after early settlers in the Kent Valley. Jason Avenue N. is named after Jason S. Clark, and just west of this is Clark Avenue N., which is named for either the aforementioned Clark family or for the local photographer, L.W. Clark. Smith Street is named for Lysander Smith, and Alvord Ave N. is named after Thomas Alvord. Historic Background Two hundred years ago the Green River Valley was a very different looking place than it is today. The land was in a natural forested state with fir, cedar, madrona, dogwood, yew, cascara and maple trees. Native American people lived both in the valley and on the surrounding hills. Yearly, the valley was inundated by floodwaters from the rivers swollen with melted snow and spring rain. Wildlife was plentiful both in the valley and in the hills. Elk and deer shared the forest with bears, wildcats, cougars and wolves. Small fur bearing animals including beaver, otter, mink, and raccoon roamed the underbrush. The rivers had great runs of fish, salmon and steelhead, which migrated up the rivers in abundance. Puget Sound beaches had crabs, mussels, and many types of clams, which thrived, as did birds of all kinds. Early Homesteaders and Settlers (1850-1855) In 1850, change came to the White/Green River Valley as land was made available for settlement by the United States government via land donation claims.(3) Land donation claims drew people to the area. A filed claim entitled the recipient to 160 acres of land with which to live and farm. One of the first settlers to make a land claim was Pennsylvania native Samuel Russell in 1853. That year, David A. Neely of Tennessee also arrived in the valley. Neely and his wife, Irene, took out a 320-acre land claim and built a log cabin alongside the White/Green River. In 1867 David Neely became the first postmaster of Kent. ATTACHMENT A OCTOBER 14, 2013 ECDC MEETING 2 John Langston settled on the banks of the White/Green River in 1853 and later built the first store in the area. The fledgling community that would become Kent was first called Langston’s Landing. Indian Wars (1855) By 1855, treaties had been signed with Indian tribes throughout Puget Sound determining land rights, but the White River Tribes were more reluctant to be moved than the Snoqualmie and Snohomish Tribes in the north. Starting in the fall of 1855 some of the local Indians decided to fight back. On October 27, 1855, an Indian ambush killed nine people, including women and children. A few children escaped and were helped by local natives who were sympathetic toward them. This began what is called the Seattle Indian Wars. Many pioneer families, including the Neelys’ and the Russells’, left the Kent Valley for Seattle during the fighting. Troops were brought into the area, and within a few months the Indians had retreated and the war was over. A new treaty was written which provided the establishment of a reservation at the site of Fort Muckleshoot (near present-day Auburn). The White River tribes previously called the Skyopamish, the Smalhkamish and the Stkamish became known collectively as the “Muckleshoot” tribe. Settlers (1855-1880) After the Indian War settlers were slow to return to the valley. Thomas Alvord purchased the Moses Kirkland Land Claim in 1859 between the west side of the river and Lake Fenwick. Initially, he set up a ranching and trading operation. He also established a small jetty where his boat could ferry passengers, cows, and produce across the river. Over time, Alvord’s Landing became a popular mooring for the flat-bottomed steamboats that plied the White River. (6) In 1862, Captain James Crow, a riverboat pilot, eloped with Samuel Russell’s daughter, Emma. The couple eventually settled in the Kent area where they raised 13 children. (3) James W. Clark came to Kent from Indiana in an ox drawn covered wagon in 1865. He built a cabin of hand split shakes and hand-hewn cedar in the area of Mill Creek Junior High School. James and his wife Laura had three sons; Jason, David, and James Irving. James W. Clark is buried in the Saar Cemetery (a City of Kent landmark) in an unknown grave and his name appears on the Unmarked Graves Monument located in the cemetery. (2) Jason Clark grew up and bought the Ramsay Farm property, which is now Kent Station. James Irving Clark homesteaded the tract of land now covering much of Kent’s East Hill. In a 1970s interview, he recalled that no road existed for settlers on the East Hill in the 1850s. (2) His house was at 120 Kennebeck Avenue (2) and was only 500 feet from the cabin where he was 3 born in 1871. The last son, David Clark, also invested in Kent land, purchasing the North Park Addition located north of Cloudy Street. (1) Farmers in the Kent area raised crops of potatoes, onions, and other vegetables in the rich valley soil. Animal stock was brought in to pasture on untilled land. By the 1870s much of the valley had been cleared and hops were introduced. The first hop roots were obtained from Ezra Meeker of Puyallup and brought to the Kent valley in 1878 by Captain James Crow and Richard Jeffs. Several Kent families made substantial fortunes selling hops. Incorporation (1880-1890) Hops were the first major crop in the valley and contributed to the community’s rapid growth in the early years. Almost a million pounds of hops were harvested in 1888. Steamboats became popular, many of them mooring at Alvord’s Landing. Soon roads were built and bridges spanned the river. In 1883 work began on a railroad through the valley that connected up with the Northern Pacific Railroad; however, the effort faltered and became known as the orphan line due to neglect. In 1887 the Northern Pacific moved its terminals from Tacoma to Seattle and rail service in the valley became reliable. (6) The city of Kent has had many names over the years. Originally, the settlement had been called Langston’s Landing. In 1884 it was called Yesler. By 1888, the railroad had changed the name to Titusville after the Titusville Hotel, which was near the train station. To settle confusion over so many names, four landowners (Yesler, Titus, Clark, and Ramsey) had community meetings between 1888 and 1890 to settle the question of the town’s name. Finally, on May 28, 1890, the new city of Kent was formally incorporated on land owned by John Alexander, Ida Guiberson, James Crow and Jason Clark as well as Ezra Meeker and Henry Yesler. The name was inspired by Kent County in England, which is characterized by similar agricultural pursuits and topography. Kent was the second city in King County to incorporate; Seattle was the first. (3) (6) The first mayor of Kent was Aaron T. Van De Vanter, a farmer and dairyman. Early Economy (1880-1930) Timber was the major industry in the area in the late 19th and early 20th centuries. Logging, lumber milling, and shingle milling were some of the primary employers of Kent area workers. The Pioneer Lumber Company was founded by Peter Saar in 1831, and was later operated by Albert E. and Lysander Smith as the Kent Mill Company, and later still as the Kent Lumber Company. The company logged off much of Kent’s East Hill neighborhood and established other mills throughout the area. The Kent Mill Company was located on the stream above what is now Mill Creek Canyon Earthworks Park just south of the Mill Creek neighborhood. (8) 4 In 1889, hops louse, followed by a nationwide economic collapse in the early 1890s, destroyed the hops industry. Even Thomas Alvord became insolvent and his ranch and belongings were sold at public auction. (6) Egg and dairy farming become popular and businesses like Smith Brothers Dairy and Ponssen Brother’s Kent Poultry Farm were established. Farmers also sold their milk to dairies such as the Red Rock Creamery, which supplied milk and cheeses to Seattle. In 1899 Elbridge A. Stuart’s Pacific Coast Condensed Milk Company produced its first case of condensed milk in downtown Kent. The company became the Carnation Milk Company in 1916 and moved from Kent to Tolt (now Carnation), leaving the creamery building as a lasting landmark in the downtown. (6) Waves of immigrants came to the valley: Canadians homesteaded north of Kent, naming their town Orillia; Finns and Norwegians established farms on the East Hill; English and Italian immigrants also moved to the valley; and by 1900 the Federal Census indicated that 13 Japanese families lived in the Kent area. In 1920 first generation Japanese, the Issei, supplied half the fresh milk consumed in Seattle and more than 70 percent of the fruits and vegetables for western Washington came from their farms in Kent. Milk production declined after World War 1 and vegetable and berry farming became profitable, with markets in Seattle and shipments to Eastern markets. The Anti-Alien law of 1923 prohibited the Japanese from owning land so Japanese farmers worked for established farmers. Some cleared land but others began to reclaim their farms by putting the name of an American born child (if they had one) on the title. In 1930 there were about 200 Japanese families farming in the White River valley. Economy (1930-1948) When the great depression struck, Kent suffered like many other communities. In 1934 the town had a lettuce festival, which drew more than 25,000 pe ople to the community. Lettuce– related floats paraded through town, a lettuce queen was chosen, and 5,000 people got to eat the “world’s largest salad.” During the first part of the 20th century, Kent became known as the “Lettuce Capital of the World”. World War II changed the community. Japanese Americans, who had already endured growing discrimination in the 1930s, were forced to relocate under Executive Order 9066, which dictated that all Issei and Nissei (second-generation Japanese Americans) be sent to internment camps. Between May 8 and May 11, 1942, entire families, some of whom had lived in the valley for more then 30 years, were put on trains out of town. Since the Nissei were born on American soil, those with property could sell or turn it over to the government. After evacuation, the government redistributed 1,600 acres of farmland to other farmers. 5 With the removal of Japanese Americans, young men joining the military, and women working in the defense industry, there was a shortage of labor throughout the area. Because farming was a critical activity, particularly during the war, school children were enlisted to help out on the farms. When the war ended only 30 families out of 200 moved back into the valley in part because of continued racial prejudice expressed against them by white residents. Industrial Development and Annexation (1948-1990) Changes in water management on the Green River brought more changes to the landscape, but not in a way that farmers were expecting. Farmers having to deal with annual flooding for years were happy when the Army Corps of Engineers convinced Congress to adopt a plan to create a storage dam at Eagle Gorge. Construction of the Howard A. Hanson dam was completed in 1962, and has prevented major flooding ever since. But instead of opening up more land to farming, developers and industrial giants swooped in and began to develop the farmland thus transforming the once-bucolic valley. Adding to the changes was the Valley Freeway, which opened in 1957. Interstate 5 on the western rim of the valley was completed in 1966. The City of Kent, seeing the changes on the horizon, began annexing as much land as possible in order to expand its tax base. The physical size of Kent grew from one square mile in 1953 to 12.7 square miles in 1960. The first major industry to move to Kent was the Boeing Company which established the Kent Aerospace Center in 1965. The Apollo Moon Buggy was built in Kent in 1970, located right where the lettuce fields had been a few years before. During this period many residential developments were constructed around the central core of Kent. These neighborhoods primarily housed the workers at Boeing and other industries that followed. Warehouses and manufacturing plants abounded, but by 1980 high-tech firms began to predominate. Kent has seen many changes in the 110 years since its inception, from use of its land and the people who called the White River area home. Change continues and yet some things are the same. Kent is currently home to many new immigrants. Transportation to Seattle is by either car or bus or by even catching the Sounder train to commute to work or play in Seattle. Notable Residents Mill Creek Neighborhood houses have sheltered many generations of Kent families including four past mayors and two past presidents, and the current president, of the Kent Historical Society. 1. Mayor L.P. Calhoun served in 1911 while he lived on Prospect and Temperance Ave N. 6 2 Mayor E.W. Bereiter, who served from 1912-1913, lived in what is now the Kent Historical Museum building located on E. Smith Street (one of Kent’s three landmark properties). 3. Mayor Dunbar lived at 412 Clark Ave N. and served as Mayor from 1943 to 1946. 4. Mayor W.R Murkar lived at 617 Temperance Ave N and served from 1927 to 1930. Past Presidents of Kent Historical Society 1. John Mergens served as Executive Director from 2003 to 2007. John’s parents built and lived in the house at 436 Jason Ave N. Kent, Washington. 2. Jack Becvar served as Executive Director from 1992 to 2002 he lived at 438 Clark with his family in the 1940’s. 3. Nancy Simpson Current Board President lived with her family at 419 Hazel Avenue North for several years at her grandparent’s house, as her father recovered from an industrial accident. By the turn of the 19th century, Kent had all the elements of a thriving community: banks, schools, churches, stores, newspapers, and social organizations. (6) As the community prospered there was an increase in logging, truck farming, dairy production, and manufacturing, and jobs were created for more people. Owners and workers at these companies began to buy property and build houses in the Mill Creek neighborhood, beginning in Clark’s First Addition. The neighborhood had the advantage of being close to the downtown business district so that homeowners could easily walk or take a horse and buggy to their place of business, worship, or other activity. A second advantage was that the neighborhood was elevated enough to be out of the flood plain. The houses in Mill Creek reflect the history of early Kent. Although Clark’s First Addition was platted in 1890, relatively few buildings were built during the decade that followed due to the poor economy. (6) Indeed, almost all of the parcels in Clark’s First Addition were foreclosed upon before 1900. Housing starts picked back up when the economy improved. The first new houses were constructed in 1903. Today, the neighborhood still proudly displays many houses from the first decade of the 20th century. 7 Physical Description The proposed Mill Creek Historic District (district) is a subarea of the larger Mill Creek Neighborhood. It is bounded by Clark Ave N. to the west, Hazel Ave N. to the east, Smith Street to the south, and a portion of Cedar Street to the north. These boundaries were selected because the highest concentration of property owners who want to participate in the district designation are located here. There are 56 houses in the district, the majority of which are single family residences which were constructed between 1903 and 1993. Of these, 49 are considered to contribute to the historic character of the district, and are identified as features of significance pursuant to K ing County Code 20.62 adopted by reference in KMC 14.12; seven are non-contributing buildings. Non-contributing buildings were either built after the historic period or have been altered such that they no longer retain physical integrity (historic character). As a group the contributing properties reflect the evolution of the community from the early 20th century through 1959, the end of the historic period. Only one house h as been built since then, in 1993. Patterns of spatial organization in the neighborhood are readable on the 1936 aerial and still identifiable today. The contributing properties, while overall modest in design, reflect a variety of architectural styles that were popular during the first half of the 20th century. Many of the houses are vernacular in character, constructed according to conventional modes of the day while some such as the landmark Bereiter House (1907), are somewhat grander if eclectic in design, incorporating elements of several popular styles of the day including the Prairie, Craftsman and Colonial Revival styles. None of the residences included in the district are known to have been designed by architects, although in some cases local builders have been identified. All of the contributing houses appear to be conventional wood-frame construction. Most of them have a front porch, wooden window sash, and horizontal wood siding. In scale, the preponderance of dwellings are simple, one to one-and-one-half story cottages although there are also some spacious two to two-and-- one-half story dwellings. Roofs are primarily gable in form although there are some gambrel and hipped forms. Although many of the houses have been slightly modified in some way, as a group they still maintain strong historic character. The most common alteration has been to roof material. Most of these dwellings originally had wood shingle roofs but almost all have been replaced or 8 covered with asphalt/composition shingles. A number of the dwellings have also had the original windows replaced, most commonly with aluminum and vinyl window sashes; however, the original openings for these windows are mostly still intact. The third most common alteration is the replacement of front doors and garage doors, again with minimal change to openings. Finally, a few of the buildings have had their original front porch removed or significantly altered, but that number is fairly limited. It is important to note that some of the older residences were modified significantly in the 1940s and ‘50s, and as such they exhibit features characteristic of those decades, rather than the decades in which they were built. Background on District Proposal Interest started simply enough with an across the fence talk among neighbors about the ages of their homes. It was soon discovered that many of their homes were over 100 years old. In 2009, it came to the attention of the Neighborhood Council Officers that the City of Kent had a Neighborhood Grant Program which could be used to recognize the historic nature of the homes. The Council proposed a plaque mounting campaign. Each attractive metal plaque identified the date built and the original owner. The project also included the creation of a book, “Mill Creek Neighborhood: A Community of Unique and Historic Homes.” The book contained both old and new pictures of each house alongside brief vignettes about the many different people who had lived in the neighborhood. Much of the research was done at the Washington State Archives at Bellevue Community College where it was possible to get the exact dates of construction and the names of early residents. The project was such a success that a second grant was awarded in 2011. This allowed for an extension of the plaque project and an update to the book. There are currently 77 homes participating in the project. The project revealed just how significant the Mill Creek Neighborhood is in telling the story of Kent’s early history, and significantly, many of the original homes retain their original character. In 2008 the King County Historic Preservation Program, under contract with the City of Kent, conducted a citywide survey of historic properties. Nine houses in the Mill Creek Neighborhood were included in the final inventory and are included in the Washington State Department of Archaeology and Historic Preservation on-line database or the Washington Information System for Architectural and Archaeological Records Data (WISAARD). 9 SOURCES House Styles in America 1996 James Massey & Shirley Maxwell Bungalow colors and exteriors 2002 1900-1920 Minimalist Traditional Style of the 1940s reflecting the typical roof pitches of earlier styles with a gabled roof line but, lack the decorative detailing of the Tudors, Craftsmen and many other designs .The need for quick construction time and structures that accommodated a life style pattern with a greater focus on technology and has less space for servants made this style popular. From the North Slope Historic District Web site Tacoma, Washington Styles of Homes within the North Slope Historic District. 816 N. J Street. 1. Biography Notes on Pioneers of Puget Sound. Kent Library 2. A History of Saar Pioneer Cemetery South King County Genealogical Society 3. Kent , Washington a Historical overview Written by Linda Van Nest 4. Kent …Then and Now 1900 to 1960 The Greater Kent Historical Society. 5. History of Kent Washington by C.E. Cameron property of Kent Historical Society. 6. Kent Historical Society and Museum 7. Kent Valley of Opportunity an Illustrated History by Florence K. Lentz Interviews: 1. Interview with Nancy Simpson. About Emil Kassner March 2012 Packet of info was sent to the neighborhood Kent SeniorActivity Center KentHistoricalMuseumAlley AlleyProspect Av NAlleyJason Av NHazel Av N19411941 19801980 19221922 19101910 19031903 19491949 19581958 19541954 19401940 19031903 19321932 19681968 19621962 19251925 19071907 19191919 19081908 19481948 19551955 19481948 19091909 19801980 19801980 19521952 19391939 19571957 19101910 19271927 19571957 19261926 19281928 19471947 1908190819411941 19111911 193819381907190719411941 19371937 19141914 19411941 19061906 19501950 19071907 19101910 191619161930193019121912191019101911191119311931195419541908190819391939 19441944 19301930 19391939 19101910 19401940195719571909190919091909 19101910 19591959 1908190819511951194719471952/1952/20092009 19421942 19081908 19371937 1946194619411941 19441944 19081908 19101910 19091909 19091909 E James St E Smith St ECanyonDrWoodford Av NCedar St E Temperance St E GeorgeSt Alley Mcmillan St E Wa rd S t Clark Av NETitusStSummit Av NE Smith St Hilltop AvLenora Av NAlvord Av NAlleyKennebeck Av NMILL CREEKEARTHWORKSPARK Home owners in favor of proposed 0 100 20050Feet E City of KentMill Creek NeighborhoodHistoric District Supporters 19061906 Mill Creek Histo ric District Prepared by City of KentEngineering Dept.Revised 10/8/2013 adm12-22e.mxd (Built D ate)(Built D ate) Proposed Historic District boundarie s Mill Creek Neighb orh ood ATTACHMENT B OCTOBER 14, 2013 ECDC MEETING ATTACHMENT C - MILL CREEK NOMINATION HOMES - OCTOBER 14, 2013 ECDC MTG Property Name Address Date Built Style Contrib/ Noncontrib Owner Interest Notes Dunbar House 412 Clark Ave N 1908 Craftsman- Bungalow C Yes Mayor Dunbar served from 1943-1946. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Churchill House 438 Clark Ave N 1909 Craftsman- Bungalow C Yes Mrs. Churchill started the first Kent Garden Club, meetings were held at the home. In the 1940s Charles Jr. and Doris Becvar owned the home. One of the Becvar children, Jack, along with Audrey Sells and other Kent Historians started the Kent Historical Society in 1992. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Anderson House 414 Jason Ave N 1910 Homestead C No This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Lyons House 419 Jason Ave NE 1908 Craftsman C Yes This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Ward Radar House 429 Jason Ave N 1907 Craftsman C Yes Ward Radar owned the Rader Bottling Company in Kent at 211 Central Ave. N. They made glass bottles in many shapes and sizes; most famous was Rader Root beer. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. 1900 - 1910 Property Name Address Date Built Style Contrib/ Noncontrib Owner Interest Notes 1900 - 1910Smith House 437 Jason Ave N 1909 Side- Gabled Roof Colonial Revival C Yes Later owners included Frank and June Heutmaker. Frank was the brother of Norman Heutmaker, who founded Valley Glass in Kent. Calhoun House 413 Prospect Ave N 1904 Vernacular Side Gable C No response Mr. Calhoun was Mayor of Kent from 1911 to 1912. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. This house was sold for taxes in October 2013. Calhoun House 431 Prospect Ave N 1910 Bungalow C Yes Calhoun was a Mayor and owned several parcels in the neighborhood. W.W. Young House 438 Prospect Ave N 1906 Arts and Crafts Bungalow C Yes W. W. Young is the father of R.E. Young. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Berg House 347 Hazel Ave N 1910 Craftsman- Bungalow C Yes Originally part of Bereiter property. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Albert E. Smith House 387 Hazel Ave NE 1909 Craftsman C Yes Albert Smith operated the Kent Mill Company. Knaggs House 505 Hazel Ave N 1910 Vernacular C Yes Dean House 515 Hazel Ave N 1903 Vernacular C Yes Property Name Address Date Built Style Contrib/ Noncontrib Owner Interest Notes 1900 - 1910Bereiter House 855 E Smith St 1908 Eclectic C (the house is already a Historic Landmark) Yes Mr. Bereiter was Mayor in 1912-1913. The property was originally bought from Jason Clark by William E. Swentzel on January 16, 1900. Several others owned the property until Emil W. Bereiter bought the property on July 26, 1907 from August Teel. Bereiter began construction of a house using wood from the Bereiter Mill located in the Covington area. He finished the house in 1908, moving in with his wife and two small boys. Designated a City of Kent landmark in 2008. Berlin House 833 E Smith St 1909 Vernacular Front Gable C Yes George Berlin owned Berlin Brothers Grocery on Railroad Ave in Kent. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Murker House 617 E Temperance St 1909 Craftsman- Bungalow C Yes The Murker family owned a shop on the corner of Meeker and Central in the early 1900s. Lloyd and Adelaide Armstrong owned the house in the 1940s. Lloyd (Duffy) Armstrong was owner of a beverage distribution company. Duffy Armstrong was involved with the Becvar brothers in the development of Kent’s first airport. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Property Name Address Date Built Style Contrib/ Noncontrib Owner Interest Notes 1900 - 1910Barton House 701 E Temperance St 1909 Craftsman- Bungalow C No From 1940 to 1950, Jack Bush lived in the house and owned Bush Hardware on the corner of 1st Ave and Gowe Street. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Wall House 709 E Temperance St 1910 Minimal Traditional C Yes Neibling House 420 Clark Ave N 1919 Bungalow C Yes The Neiblings’ owned a five and dime store in downtown Kent. Schaley House 426 Clark Ave N 1912, modified ca. 1950 Minimal Traditional C Yes In the 1940s and 50s a widow named Mrs. Grimes and her teenage daughters, Judy and Maxine, lived in the house. J. Reed House 431 Clark Ave N 1914 Craftsman C Yes Built by John Reed, a carpenter who also worked on the Bereiter House. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Lee House 425 Jason Ave N 1920 Cape Cod C Yes Owned by William Lee, Harvey Lee’s brother. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Kendall House 426 Jason Ave N 1911 Craftsman C Yes The house was occupied in the 1940s by Nellie Kendall Botting. She worked at the Carnation Condensed Milk Company in downtown Kent until it closed. E. Reed House 512 Jason Ave N 1911 Craftsman C Yes This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. 1911 - 1920 Property Name Address Date Built Style Contrib/ Noncontrib Owner Interest Notes 1900 - 1910R.E. Young House 426 Prospect Ave N 1916 Craftsman C Yes R.E. (Rob) Young was the first Rural Postal Carrier of Kent. Rob bought his property from his father W.W. Young. He and his wife Sadie built a Craftsman style home along with a carriage barn for his horse and buggy which he used for mail delivery. Mrs. Sadie Young lived in the home until 1980. There is still a cousin in the Young family living in the neighborhood on Clark Avenue. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Femby House 1017 E Smith St 1915 Craftsman C No Standaert House 1110 E Smith St 1915 Vernacular NC Yes Kayo House (or Pays House)425 Clark Ave N 1930 Vernacular Cross Gable C Yes In the 1950s the house was owned by Joanne and Tom Stafford. Tom worked at Boeing and later worked at Kent Hardware. Unk House 615 Hazel Ave N 1922 Vernacular NC Yes Large addition H. Lyons House 411 Jason Ave N 1939 Minimal Traditional C Yes In 1940 Allen Playford lived in the house. He worked for the railroads and his father owned Playford Blacksmith in downtown Kent. Loyd Ottini House 430 Jason Ave N 1938 Cape Cod C No Built by Lloyd and Imogene (Bush) Ottini. The Ottini House currently has a third generation family member living in it. Imogene’s father owned Bush Hardware in downtown Kent. 1921 - 1930 1931 - 1940 Property Name Address Date Built Style Contrib/ Noncontrib Owner Interest Notes 1900 - 1910Nelson House 501 Jason Ave N 1937 Cape Cod C Yes It was owned In the 1940s by Clyde Fox who owned Fox grocery in downtown Kent. Matson House 404 Prospect Ave N 1937 Vernacular C No Sandwick 410 Prospect Ave N 1940 Minimal Traditional C Yes Mr. Sandwick was a builder of homes and also sold real estate. Cook House 420 Prospect Ave N 1937 Craftsman C Waiting for regulations Ramstead House 421 Prospect Ave N 1931 Vernacular C Yes Goss House 336 Hazel Ave N 1937 Vernacular C Yes In the 1940s, Janice Gonnason a teacher in the Kent School District her family owned Gonnason Boat Building. The Company is still located on Central Avenue in downtown Kent. A carriage barn door on the property is still there. Bargo House 432 Clark Ave N 1950 Early Ranch C Yes This house was built elsewhere and moved to its present location in 1950. Hirfeman House 314 Jason Ave N 1944 Minimal Traditional C Yes It was owned by Dutch Randell in the 1950s. Dutch was a City of Kent Fire Chief and a City Council member. Morrill House 318 Jason Ave N 1941 Minimal Traditional NC Yes Vera Atwater, a neighborhood supporter and activist lived here from 1990 to 2004. Louis Becvar House 416 Jason Ave N 1941 Vernacular C Yes Pearl and Louis Becvar, Uncle to Jack Becvar past President of the Kent Historical Society lived in this house from 1941 to the 1960s. 1941 - 1950 Property Name Address Date Built Style Contrib/ Noncontrib Owner Interest Notes 1900 - 1910Mergens House 436 Jason Ave N 1941 Colonial Revival C Yes Built by Harold and Elizabeth Mergens. Son John Mergens is past President of the Kent Historical Society. This house was identified as contributing to a potential district in the 2008 Kent Historic Resource Inventory Update. Thomas House 509 Jason Ave N 1941 Minimal Traditional C Yes Built by Harold and Adelaide Thomas. Unk House 417 Prospect Ave N 1947 Minimal Traditional C No response Straub House 406 Hazel Ave N 1948 Split Level NC Yes Unk House 418 Hazel Ave N 1948 Minimal Traditional C Yes Knapstad House 704 E Temperance St 1947 Early Ranch C Yes This house has remained in the Knapstad family for two generations. Pozzi House 721 E Temperance St 1943 Early Ranch NC No response - for sale This house was moved from 412 Central Ave North to its’ current location. Henning House 808 E Temperance St 1942 Minimal Traditional C Yes In the 40’s and 50’s, the house was owned by Phyllis Cavanaugh. Scott House 424 Clark Ave N 1954 Ranch C Yes Unk House 415 Hazel Ave N 1954 Minimal Traditional C Yes Williams House 431 Hazel Ave N 1958 Ranch C Yes Erion House 604 E Temperance St 1951 Ranch C Yes Anderson House 715 E Temperance St 1959 Ranch C Yes Harold Anderson was a fireman with the Kent Fire Department and later was a supervisor at Howard Manufacturing in Kent. Brown House 802 E Temperance St 1952 Minimal Traditional NC Yes This house has been remodeled. Kimberlin-Evans House 508 Jason Ave N 1993 Vernacular NC Abstain Built by Mr. Kimberlin. Post 1960 1951 - 1960 MILL CREEK HISTORIC DISTRICT PROPOSED REHABILITATION STANDARDS The following rehabilitation standards for the proposed Mill Creek Historic District are based on the Secretary of the Interior’s Standards for Rehabilitation (Department of Interior regulations, 36 CFR 67) used by the City of Kent Landmarks Commission to evaluate proposed changes to landmark properties. The Rules & Regulations of the Kent Landmarks Commission allow residents of historic districts to develop district-specific standards, which the Commission adopts subsequent to designation of a district; as well as to create local design review boards for the purpose of reviewing proposed alterations in historic districts. The Mill Creek Neighborhood Association will be recruiting for residents to sit on the local review board over the next few months. The standards should be applied to proposed alterations on the exterior of contributing buildings in the district, and to new construction anywhere in the district. They should be applied in a reasonable manner, taking into consideration economic, technical, and economic feasibility; they do not apply to routine maintenance or replacement in kind of historic materials. It is important to keep in mind that current zoning and building codes within the proposed historic district already limit what property owners can do. All of the properties are zoned for residential, and are on lots that allow only one unit which will be similarly styled homes as the neighborhood. Standards for Rehabilitation… …and Description/Examples to Consider 1. A property should be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships. 1. Continue using houses for residential purposes, but if not possible, find a new use that keeps exteriors intact. If zoning is appropriate, houses make great offices, business incubators, resource centers, and coffee shops. 2. The historic character of a property should be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property should be avoided. 2. Retain the exterior historic fabric of the building and the lot. Choose to leave ornate windows, include interesting porch railings with repairs, repair original siding with new wood where needed, leave picket fence, and plan a yardscape path for character. 3. Each property should be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, should not be undertaken. 3. Try to leave the house as originally found. The interpretation of a house would be color change, choose a similar period front porch design if added, do research on architectural types to match the house; research a specific period to retain fence type if applicable. ATTACHMENT D OCTOBER 14, 2013 ECDC MEETING Historic Residential Districts & the Secretary’s Standards Page 2 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 4. New materials or additions built prior to the end of the “historic period” may be considered historic. That garage added in the 1940s is probably historic now. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property should be preserved. 5. Original windows, wood siding and front porches are often the most important characteristics of historic houses. In districts, the primary features to be preserved are those that can be seen from the street. 6. Deteriorated historic features should be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature should match the old in design, color, texture, and, where possible, materials. Replacement of missing features should be substantiated by documentary and physical evidence. 6. Repair if possible - windows, doors, siding, and roofing. Replace deteriorated features with materials like original – wood windows for wood, three inch siding for three inch siding; match old materials in design, color, texture if possible, within reason. Use historic research to verify materials, look for old photos or physical marks that indicate what it was like during time when the house was built. 7. Chemical or physical treatments, if appropriate, should be undertaken using the gentlest means possible. Treatments that cause damage to historic materials should not be used. 7. Low pressure wash or hand scraping are the best solutions before repainting. Original materials on the house may include asbestos shingles and lead paint; paint encapsulation is the best treatment for these materials. Replacement of deteriorated materials containing asbestos or lead paint should be removed carefully following EPA guidelines and replaced with similar wood materials as a last choice. 8. New additions, exterior alterations, or related new construction should not destroy historic materials, features, and spatial relationships that characterize the property. The new work should be differentiated from the old and should be compatible with the historic materials, features, size, scale and proportion, and massing to protect the historic integrity of the property and its environment. 8. In a district, it’s important that the historic streetscape is the main focus. If there are additions/new garages they should be located at the rear or less visible side and should clearly look like an addition; each would be characterized with similar style to match the original building. A new addition will be visually compatible with original house in materials and style. Landscape should be kept low for visibility of the house as the focus. Historic Residential Districts & the Secretary’s Standards Page 3 9. New additions and adjacent or related new construction should be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment should be unimpaired. 10. Newly formed Neighborhood Citizen Advisory Committee (CAC) will be available to advise and support the District in search of grants available as a funding source to help with repairs or replacement work. The CAC will have access to a list of architects and contractors familiar with historic preservation backgrounds to help with house issues. 9. If additions are necessary, they should be designed so that they can be easily removed in the future if someone wants to restore the original building. For example, if enclosing a porch as a room, the exterior siding would remain and be exposed within the new space. 10. The Neighborhood CAC can work with owners to find and apply for grants that may help with expenses for repairs. The following are resources for repairs and options of materials to use for repairs: Used Building materials www.seconduse.com; www.ewsalvage.com; www.re-store.org Option for removal of paint: http://www/dumondchemicals.com/ Other Videos: http://www.dumondchemicals.com/videos.html http://www.dumondchemicals.com/pro- recyclean-rinse-clean-machine.html ATTACHMENT E OCTOBER 14, 2013 ECDC MEETING MILL CREEK NEIGHBORHOOD HISTORIC DISTRICT INITIATIVE ATTACHMENT EOCTOBER 14, 2013 ECDC MEETING In order to be designated as a Historic District, the majority of properties in a proposed area must: • Be at least 40 years old; • Be relatively unchanged since the time they were constructed; • Represent a significant and distinguishable area but whose individual houses may lack the distinction to be an individual "Landmark" house. This proposed District must also meet at least one of the following criteria: • Be associated with historic events that have made a significant contribution to national, state or local history; • Be associated with the life of a person or persons significant in national, state or local history; • Be a good representative of a type, period, style or method of design or construction. In the case of our Mill Creek Neighborhood, our application will emphasize; • The concentration of older homes, more than 40 years old and in many cases early 1900's. • The representation of distinctive architectural styles. • The past habitation in the neighborhood of businessmen and elected officials who made significant contributions to the history of Kent. What are the benefits of Historic District designation? The Committee believes that the two largest advantages of becoming a Historic District are: • We will maintain the historic character and charm of our Neighborhood more effectively than we can do through current single-family residential zoning regulations. In effect, there will be stronger constraints over development that is detrimental to the historic character of the Neighborhood. • Over time, the value of our property will rise due to the unique status of being a Historic District. It is well documented that Historic District designation has improved property values in neighborhoods across the country. There are also some financial and other incentives offered by King County which help counterbalance the constraints imposed on a Historic District. The incentives are available to owners of what are called "contributing" buildings. Contributing buildings are identified by the Landmarks Commission during the nomination/designation process and are normally the houses that have changed the least and have maintained their historic character. Non -historic or non-contributing houses are those that have been significantly altered or no longer retain their original historic character and would not be eligible for the incentives. Even though not every house inside the boundary will be a "contributing" house (and therefore subject to greater constraints than non-contributing houses), all properties would be subject to some constraints for any new external development. These constraints will be discussed in later sections but first to the potential incentives. Special Valuation: A Local Tax Incentive Program for Rehabilitating Historic Buildings. Special Valuation subtracts eligible costs associated with the rehabilitation of historic properties (land value is not included) for up to ten years. The primary benefit of the program is that during the ten-year special valuation period, property taxes will not include any substantial improvements made to the property. Prior to the passage of this law, owners rehabilitating historic buildings were subject to increased property taxes once the improvements were made. To be eligible, the property must have undergone an approved rehabilitation within two years prior 2 to applying for special valuation, and the rehabilitation must be equal in cost to at least 25% of the assessed value of the improvement (excluding land value). Current Use Taxation for Open Space Landmark property owners are eligible to apply for tax relief through the Current Use Taxation (CUT) program. This program establishes a "current use" property tax assessment for qualifying property that is lower than the "highest and best use" assessment level that is applied to most land in the county. Property owners qualify for a 50% reduction in taxable value for the land portion of their property assessment. Note: This incentive has limited applicability to properties in urban areas since it applies only to the area outside the footprint of the building and not the land area beneath it. Landmark Loan Fund Low -interest loans are available to landmark property owners through programs administered jointly between the King County Historic Preservation Program and participating banks. The Landmarks Commission reviews proposed loan -funded projects for compliance with restoration and rehabilitation standards, while the banks focus on the financial eligibility of the borrower. Loans are available for the restoration or rehabilitation of privately owned residential properties. Landmark Stabilization and Rehabilitation Grants In 2002, King County established an annual grant-in-aid program for the stabilization and rehabilitation of landmark properties. Individuals owning King County landmarks and homes inside Historic Districts are eligible to apply to this program. The Mill Creek Neighborhood Officers would be available to assist with these grant applications. What would the boundaries be of a proposed Mill Creek Historic District? Our proposed District boundary currently is from James to the north side of Canyon Drive and from Alvord Ave to Clark Ave but the boundary may be revised some as we go through this process. Factors that are considered when identifying the boundaries of a District include the distribution of contributing resources, current and historic legal boundaries, natural areas, open space and other cultural features. In the case of our Historic District, it will be a contiguous area and mostly residential, the main exception being the Historical Museum in the Bereiter House. Does Historic Status mean my home has to be open to the public? No, Landmark or Historic District designation does not require that a property be open to the public. It is anticipated that if we become a Historic District, we will occasionally have events such as walking tours of the neighborhood and also opportunities to view the interior of historic homes, but this will be on a strictly voluntary basis of the homeowner. Does landmark and historic district designation affect property values and taxes? According to King County, economic studies of historic districts in other parts of the United States show that historic district designation stabilizes and improves property values. There is no evidence that designation has lowered the value of any landmarks or historic districts in King County. Historic District designation has proven to be a highly successful marketing tool for realtors and homeowners alike wishing to sell to take advantage of the broad public appeal of historic properties or districts. Designation does not immediately affect property taxes other than reducing them for property owners who can take advantage of the special tax incentive programs described above. Over time however, property taxes will reflect any increased value of home sales in the Historic District, which we would expect to occur. Does historic district designation effect land use, current zoning status, prohibit changes, or prohibit new buildings? We fully expect that our District will remain a single-family residential zone with all the existing rules of that zone still applying. The Historic District designation does not prohibit changes to existing homes or prohibit construction of new buildings, and there are absolutely no restrictions to any internal modifications to a house. There will be a mechanism however applied over the zoning rules to be able to preserve the historic character of the District. That mechanism is called a design review process and it uses design guidelines that are established specifically for the District. What is the purpose of design review and the design guidelines? The purpose of the design guidelines and the review process to ensure that any changes made are done in a way that does not diminish the historic character of the district. Alterations to historic homes, new construction, even demolitions are allowed if they are in alignment with the design guidelines for the district. How are "District Specific" design guidelines developed? Once our Historic District is approved, property owners and City staff will establish a Citizens Advisory Committee (CAC) to develop design guidelines that are tailored specifically for our District. These guidelines would address issues beyond our current zoning rules such as exterior historic style, exterior _naterials and major landscape features. Guidelines do not require that buildings be restored; they are used only if changes are planned. Does every home come under the "District Specific" design guidelines? Each home in the District will be identified as either a "contributing" house (maintains historic character) or a "non-contributing" house (new or altered so there is no historic character left). Contributing homes will have more constrained design guidelines for external changes. Contributing properties are subject to more scrutiny because they are the fabric of the District that makes it worthy of preservation. To that end, exterior alterations, additions, new construction, and demolition are all reviewed. Non-contributing homes will have less constrained guidelines but nevertheless will not be allowed to diminish the historic character of the district. Typically a design review fora non-contributing home is only required when a major addition or new construction is proposed. Do "in -kind" repairs and routine maintenance work need to be reviewed? Repairs involving the replacement of damaged or deteriorated building materials (such as roofing, windows or exterior siding) with the same materials and detailing do not require a design review. Property owners are not required to restore their properties if they prefer to maintain the current appearance. Routine maintenance such as caulking, paint touchup, or minor street tree pruning does not require design review nor does wiring, plumbing, interior remodeling or any other interior changes. 0 What do I have to do as a homeowner to get approval to make an external change? Any proposal to alter or demolish a contributing property (feature of significance) is reviewed by the City Landmarks Commission. Prior to that review, the homeowner submits an application for Certificate of Appropriateness (COA). The Commission will review the application and if approved, issue a COA for the work. This process is separate from the normal City of Kent building permit process and a COA must be obtained in order for a building permit to be issued. Projects that do not require building permits may still require a COA. A COA is not required for "in -kind" repairs and routine maintenance. The process has a quick turn around time -usually within a month of application. In summary, here are the major points of belonging to a Historic District. • Does preserve and protect important historic homes in an important historic area of Kent and preserves the historic feel and nature of the entire Historic District • Does foster civic pride and appreciation of our heritage here in Kent • Does provide technical assistance, restoration and rehabilitation information to interested individuals and property owners • Does provide loan and grant monies for restoration of our Historic District homes • Does allow for the cost of approved rehabilitation work to be deducted from the assessed value of the property Does require review of alterations to designated features of significance • Does require review of demolitions and new construction within the boundaries of our Historic District • Does stabilize and can improve property values in our Historic District over time • Does not require specific improvements or restoration of the home • Does not prevent a property owner from making any internal changes to a home • Does not prevent ordinary maintenance or in -kind replacement of architectural features or existing building materials • Does not require that the home be open to the public • Does not usurp individual property rights except with the constraints of the current zoning laws and the design review process. Contacts For more information on Historical District Preservation, you can go to the King County web site of Tvww.kingcounty.gov/property/historic-preservation.aspx. And if you have more questions that have not jeen answered, contact the Committee Chair Sharon Bersaas at bersaas@aol.com or at (253) 852=4984. 5 Frequently Asked Questions for Residents and Property Owners in an Historic District Does Historic District designation effect land use, current zoning status, prohibit changes to existing buildings, or prohibit new buildings, or require property owners to restore their houses? No, we fully expect that our District will remain a single-family residential zone with all the existing rules of that zone still applying. The Historic District designation does not prohibit changes to existing homes or prohibit construction of new buildings, and there are absolutely no restrictions to any internal modifications to a house. Nor does it mean that property owners are required to restore their houses. Landmark designation simply establishes a formal mechanism for reviewing certain proposed changes to the exterior of buildings in the District and for new construction in the District. That mechanism is called the Design Review process and it uses design guidelines that are established specifically for the district. What is the purpose of Design Review and the design guidelines? The purpose of the design guidelines and the review process to ensure that any changes made are done in a way that does not diminish the historic character of the district. Alterations to historic homes, new construction, even demolitions are allowed if they are in alignment with the design guidelines for the district. What if it’s too expensive to restore my house in the appropriate manner? In recognition of the property owner’s stewardship of historic buildings and to preserve the historic character of these buildings, King County has established a variety of incentive programs to help defer the extra cost of doing appropriate stabilization, rehabilitation or restoration. Grants for new roofs and windows are routinely given and technical assistance and tax abatement programs are also available. How are “District Specific” design guidelines developed? We are moving forward to establish a Citizens Advisory Committee (CAC) to begin discussions for design guidelines tailored specifically for our District. The CAC will be composed of district residents. These guidelines would address issues beyond our current zoning rules such as exterior features, materials, and major landscape features. Guidelines do not require that buildings be restored; they are used only if changes are planned. A national set of standards called the Secretary of the Interior’s Standards for Rehabilitation will be used to develop the specific guidelines for our district. They are available online at http://www.nps.gov/hps/tps/standguide/rehab/rehab_standards.htm. Generally speaking, however, the following guide will apply until the district-specific guidelines are developed by the CAC and adopted by the Landmarks Commission. Does every home come under the “District Specific” design guidelines? Each home in the District will be identified as either a “contributing” house (maintains historic character) or a “non-contributing” house (new or altered so there is no historic character left). Contributing properties are subject to more scrutiny because they contribute to the character of the District that makes it worthy of preservation. To that end, contributing properties would be reviewed by the CAC for exterior alterations. Non-contributing homes will have less constrained guidelines but nevertheless will not be allowed to diminish the historic character of the district; major additions to non-contributing houses and new construction on non- contributing parcels will be reviewed by the CAC. ATTACHMENT F OCTOBER 14, 2013 ECDC MEETING Do “in-kind” repairs and routine maintenance work need to be reviewed? Repairs involving the replacement of damaged or deteriorated building materials (such as roofing, windows or exterior siding) with the same materials and detailing do not require design review. Routine maintenance such as caulking, paint touchup, or minor street tree pruning does not require design review nor does wiring, plumbing, interior remodeling or any other interior changes. When repainting a house we encourage historic research to find appropriate colors from the era when the house was built, or a simple paint analysis to determine the original color of the house. We anticipate that the CAC will strongly encourage the use of historic colors to include a minimum of two (2) colors for body and trim, and a maximum of five (5) colors. Does landscaping need to be reviewed? In general no large shrubbery or trees that could significantly obscure the front of the house will be permitted. Removal of hazardous or decaying landscaping will be allowed if recommended by a certified arborist. The homeowner is obligated to maintain the visible yard with review from the CAC – what does this mean? The CAC will work with the homeowner to maintain the yard, if necessary, with volunteer cleanup crews or work parties arranged with homeowner. Yards that are currently maintained will be grandfathered to keep existing landscaping. Original historic fences and walls should be preserved and maintained. New fences and walls at the front of the property or on the street side of a corner lot will be reviewed and remain clear of obstruction of sight distance triangles into and out of driveways and at street intersections. Fences should be in keeping with the style of the house and no more than three (3) feet high. Current fences will be grandfathered in; no one will be required to replace current fencing to standards of the date the house was built. There will be no restrictions for the back of the property. Are driveways and parking lots reviewed, since they are at ground level? Replacement of existing driveways will not be reviewed. New parking areas that take up any part of the front yard, or street side yard of a corner lot will be reviewed. What kinds of changes to existing house are allowed? Exterior siding: restoration of original exterior siding is not required. If someone has original siding and wants to replace it, the replacement material will be reviewed by the CAC. If someone has old siding that’s not original, and they want to replace it, that will also need to be reviewed and the preference is to go back to something close to the original. If there is no historic siding, a cement fiber product such as Hardiplank is an acceptable replacement. Roofing: many of the houses in the District originally had wood shingle roofs; however, new wood shingles are often inferior products and have a limited life span in our environment. Asphalt/composition shingles are acceptable replacements for wood singles; the color and shape of the shingles will be reviewed. A color that mimics weathered wood is preferred. Metal roofing will generally be restricted to outbuildings and sheds. Windows: these are often the most character-defining elements of an historic house. Original windows should be maintained. If they are severely deteriorated and must be replaced, then new windows made of wood or aluminum clad wood are preferred. New windows can be made of insulated glass to meet modern energy codes, but if the originals were multi-paned, then the new ones should be multi-paned as well. This means that new windows should have true divided lights; exterior applied muntin grids and internal spacers may be allowed in certain cases. Non-historic windows are not required to be replaced; if someone wants to replace them, the new windows will be reviewed and will be encouraged to look more like the historic windows. What about other buildings like garages and sheds? Any existing garages that are part of contributing properties in the District will be reviewed by the CAC for exterior changes. If there are new garages they should be located toward the rear or less visible side and should clearly look like an addition; each would be characterized as an addition with similar style to match the original building. Smaller outbuildings will not be reviewed. New large outbuildings will be reviewed by the CAC and should be placed behind the existing house. Additions to contributing houses will be reviewed, but what about additions to non-contributing houses? Significant additions to any property will be reviewed. If it’s a contributing property, the addition will be reviewed by the CAC to make sure it is compatible with the historic character of the house as well as the District. If it’s a non-contributing house, the addition will be reviewed to make sure it does not detract from the historic character of the District. All additions should be placed on the rear or non street side of houses (assuming that is the least visible place from a public right-of-way), whether contributing or non-contributing. ES L I of the city council of the city of Kent, Washington, approving the nomination of the Mill Creek Historical District for further evaluation by the landmark designation and preservation commission under Chapter 14.12 of the Kent City Code RECITALS A. Chapter 14.12 of the Kent City Code (KCC), pertaining to landmark designation and preservation, was enacted by the Kent City Council to designate, preserve, protect, enhance and perpetuate sites that reflect significant elements of the city of Kent's cultural, ethnic, social, economic, political, architectural, aesthetic, archaeological, engineering, historic, and other heritage. Historic landmark designations are intended to foster civic pride in the beauty and accomplishments of Kent's past; to stabilize and improve the economic values and vitality of Kent's landmarks; and to protect and enhance Kent's tourist industry by promoting heritage - related tourism. This Chapter provides that a nomination may only proceed through the nomination process with the landmarks and heritage commission if it first receives approval from the Kent City Council, KCC 14.12.080. A minimum of four (4) council members must vote in favor of approval. Historic Landmark 1 Nomination Approval Mi// Creek Historic District B. The Mill Creek Neighborhood is bounded by Clark Avenue North to the west, Hazel Avenue North to the east, Smith Street to the south, and a portion of Cedar Street to the north, and it has been nominated by the Mill Creek Neighborhood Council for designation as a landmark under Chapter 14.12 KCC. The owners of the homes located in the Mill Creek Neighborhood are supportive of this historic landmark nomination, and have asked that the nomination be allowed to proceed through the procedures established by Chapter 14.12 KCC. C. The first neighborhood plat was Clark's First Addition, in 1890, followed by Clark's Second Addition, in 1907. Some of the streets in the neighborhood are named after early settlers in the Kent Valley: Jason Avenue N. is named after Jason S. Clark, and Clark Avenue N., just to the west, is named for either the aforementioned Clark family or for the local photographer, L.W. Clark. Smith Street is named for Lysander Smith, and Alvord Avenue N. is named after Thomas Alvord. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS. RESOLUTION SECTIOIli 1. Recita/s Incorporated. The foregoing recitals are incorporated and fully made a part of this resolution. SECTI0l1! 2. Approval of Landmark Designation Nomination. The Kent City Council, per KCC 14.12.080, approves the nomination of the Mill Creek Neighborhood, which is bounded by Clark Avenue North to the west, Hazel Avenue North to the east, Smith Street to the south, and a portion of Cedar Street to the north, as a designated landmark. Historic Landmark 2 Nomination .4pprova/ Mi// Creek Historic District be in force immediately upon its passage. PASSED at a regular open public meeting by the city council %J the city of Kent, Washington, this day of , 2013. CONCURRED in by the mayor of the city of Kent this of November, 2013. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR PAT" FITZPATRICK, ACTING CITY ATTORNEY day I hereby certify that this is a true and correct copy of Resolution No. _ passed by the city council of the city of Kent, Washington, the _ Jay of , 2013. P:\Civil\Resolution\Historic Landmark Mill Creek Neighborhood.Docx RONALD F. MOORE, CITY CLERK Historic Landmark 3 Nomination Approval Mill Creek Historic District This page intentionally left blank. BIDS This page intentionally left blank. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION